Final Act To Third Acp-Eec Convention
Source: Unofficial Text, http://www.acpsec.org/en/conventions/lome3e.htm, accessed February 15, 2006
The Plenipotentiaries of His Majesty the King of the Belgians,
Her Majesty the Queen in of Denmark,
The President of the Federal Republic of Germany,
The President of the Hellenic Republic,
The President of the French Republic,
The President of Ireland,
The President of the Italian Republic,
His Royal Highness the Grand Duke of Luxembourg,
Her Majesty the Queen of the Netherlands,
Her Majesty the Queen of the United Kingdom of Great Britain and Northern Ireland,
Contracting Parties to the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European Economic Community, hereinafter referred to a the Community, the States of the Community being hereinafter referred to as Member States , and of the Council and the Commission of the European Communities, of the one part, and the Plenipotentiaries of
Her Majesty the Queen of Antigua and Barbuda,
The Head of State of the Bahamas,
The Head of State Barbados,
Her Majesty the Queen of Belize,
The President of the People's Republic of Benin,
The President of the Re public of Botswana,
The President of the National Revolutionary Council, President of Burkina Faso, Head of the Government,
The President of the Re public of Burundi;
The President of the Re public of Cameroon,
The President of the Re Public of Cape Verde,
The President of the Central African Republic,
The President of the Islamic Federal Republic of the Comoros,
The President of the People's Republic of the Congo,
The President of the Re public of the Ivory Coast,
The President of the Republic of Djibouti,
The Government of the Commonwealth of Dominica,
The General Secretary of the Ethiopian Workers' Party Chairman of the Provisional Military Administrative Council and of the Council of Ministers and Commander-in-Chief of the Revolutionary Army of Ethiopia,
Her Majesty the Queen of Fiji,
The President of the Galionise Republic,
The President of the Republic of the Gambia,
The Head of State and Chairman of the Provisional National Defence Council of the Republic of Ghana,
Her Majesty the Queen of Grenada,
The President of the Republic of Guinea,
The President of the Council of State of Guinea-Bissau,
The President of the Republic of Equatorial Guinea,
The President of the Cooperative Republic of Guyana,
The Head of the State of Jamaica,
The President of the Republic of Kenya,
The President of the Republic of Kiribati,
His Majesty the King of the Kingdom of Lesotho,
The President of the Republic of Liberia,
The President of the Democratic Republic of Madagascar The President of the Republic of Malawi,
The President of the Republic of Mali,
The Chairman of the Military Committee for National Safety Head of State of the Islamic Republic of Mauritania,
Her Majesty the Queen of Mauritius,
The President of the People's Republic of Mozambique,
The President of the Supreme Military Council, Head of State of Niger,
The Head of the Federal Military Government of Nigeria,
The President of the Republic of Uganda,
Her Majesty the Queen of Papua New Guinea,
The President of the Republic of Rwanda,
Her Majesty the Queen of St Christopher and Nevis,
Her Majesty the Queen of Saint Lucia,
Her Majesty the Queen of Saint Vincent and the Grenadines,
The Head of State of Western Samoa,
Tile President of the Democratic Republic Sao Tome and Principe,
The President of the Republic of Senegal,
The President of the Republic of Seychelles,
The President of the Republic of Sierra Leone,
Her Majesty the Queen of the Solomon Islands,
The President of the Somali Democratic Republic,
The President of the Democratic Republic of the Sudan,
The President of the Republic of Suriname,
Her Majesty the Queen Regent of the Kingdom of Swaziland,
The President of the United Republic of Tanzania,
The President of the Republic of Chad,
The President of the Togolese Republic,
His Majesty King Taufa'ahau Tupou IV of Tonga,
The President of the Republic of Trinidad and Tobago,
Her Majesty the Queen of Tuvalu,
The Government of the Republic of Vanuatu,
The President of the Republic of Zaire,
The President of the Republic of Zambia,
The President of the Republic of Zimbabwe,
whose States are hereinafter referred to as ACP States.
of the other part of the meeting at Lome, this eight day of December in the year on 1 thousand nine hundred and eighty-four for the purpose of signing the Third ACP-EEC C Invention of Lome, have adopter I the following texts:
the Third ACP-EEC Convention of Lome and the following Protocols :
Protocol 1 concerning the definition of the concept of originating products ' and methods of administrative co-operation
Protocol 2 on the operating, expenditure of the joint institutions
Protocol 3 on privileges and immunities
Protocol 4 on bananas
Protocol 5 on rum
Protocol 6 on the tax and customs arrangements applicable in the ACP States to contracts financed by the Community
Protocol 7 containing the text of Protocol No 3 on ACP Sugar appearing in the ACP-EEC Convention of Lome signed on 28 February 1975 and the corresponding declarations annexed to that Protocol
Protocol 8 concerning products within the province of the European Coal and Steel Community.
The Plenipotentiaries of the Member States and of the Community and the Plenipotentiaries of the ACP States have also adopted the texts of the Declarations listed below and annexed to this Final Act:
1. Joint declaration on Article 4 (Annex I)
2. Joint declaration on the location of the Technical Centre for Agricultural and Rural Co-operation (Annex II)
3. Joint declaration on Article 34 (Annex III)
4. Joint declaration on Article 46 (Annex IV)
5. Joint declaration on Article 73(3) (Annex V)
6. Joint declaration on Article 87 (Annex VI)
7. Joint declaration on co-operation between ACP States and neighbouring overseas countries and territories and French overseas departments (Annex VII)
8. Joint declaration on representation of regional groupings (Annex VIII)
9. Joint declaration on ACP migrant workers and ACP students in the Community (Annex IX)
10.Joint declaration on workers are nationals of one of the Contracting Parties and are legally resident in the territory of a Member State or an ACP State (Annex X)
11. Joint declaration on definition of Appropriate Technology (Annex XI)
12. Joint declaration on the presentation of the Convention to GATT (Annex XII) 2
13. Joint declaration concerning agricultural products referred to in Article 130(2)(a)(ii) (Annex XIII)
14. Joint declaration on the arrangements governing access to the markets of the French overseas departments for products originating in the ACP States referred to in Article 140(2) (Annex XIV)
15. Joint declaration on Articles and 139 (Annex XV)
16. Joint declaration on products covered by the common agricultural policy (Annex XV I)
17. Joint declaration on Article 14 0 containing the text of the joint declaration by the council of Ministers of 19 and 20 May 1983 on the implement lotion of Article 13 of the second ACP-EEC Convention signed at Lome on 31 October 1979 concerning safeguard measures (Annex VII)
18. Joint declaration on trade between the European economic Community and Botswana, Lesotho and Swaziland (Annex XVIII)
19. Joint declaration on ACP-EEC consultations in the event of the establishment of a system for the stabilisation of export earnings at world level (Annex XIX)
20. Joint declaration on Article 150(1)(b) (Annex XX)
21. Joint declaration on Article 150(1)(c) (Annex XXI)
22. Joint declaration on Article 166 (Annex XXII)
23. Joint declaration on the management of SYSMIN (Annex XXIII)
24. Joint declaration on the use of SYSMIN funds (Annex
25. Joint declaration on refugees and returnees (Annex XXV)
26. Joint declaration on Article 243(1) (Annex XXVI)
27. Joint declaration on special measures for the least-developed, landlocked and island ACP States in the event of natural disasters (Annex XXVII)
28. Joint declaration on Article 288 (Annex XXVIII)
29. Joint declaration on Protocol I (Annex XXIX)
30. Joint declaration on the origin of fishery products (Annex XXX)
31. Joint declaration on Article 2 of Protocol 2 (Annex XXXI)
32. Joint declaration on Protocol 5 (Annex XXXII)
33. Joint declaration on Protocol 5 (Annex XXXI11)
34. Joint declaration on Article I of Protocol 5 (Annex XXXIV)
35. Joint declaration on Article 4 of Protocol 5 (Annex XXXV).
The Plenipotentiaries of the Member States and of the Community and the Plenipotentiaries of the ACP States have also agreed to annex to this Final Act the Declarations listed below:
1. A. Declaration by the Community and the Member States on Articles 86, 87, 88, 90 and 91
B. Declaration by the ACP States on the declaration by the Community and its Member States on Articles 86, 87, 88, 90 and 91 (Annex XXXVI)
2. A. Community declaration on Articles 194 and 195
B. Declaration by the ACP States on the Community declaration on Articles 194 and 195 (Annex XXXVII)
The Plenipotentiaries of the ACP States have taken note of the declarations listed below and annexed to this Final Act:
1. Community declaration on trade liberalisation (Annex XXXVIII)
2. Community declaration on Article 96(3) (Annex XXXIX)
3. Community declaration on Article 136(2)(a) (Annex XL)
4. Community declaration on Article 139(3) (Annex XLI)
5. Community declaration on Articles 148 and 150(2) (Annex XLII)
6. Community declaration on Article 150(3) (Annex XLI11)
7. Community declaration on Article 194 (Annex XLIV)
8. Community declaration on Article 248 (Annex XLV)
9. Declaration by the representative of the Government of the Federal Republic of Germany concerning the definition of German nationals (Annex XLVI)
10. Declaration by the representative of the Government of the Federal Republic of Germany concerning the application to Berlin of the Convention (Annex XLVII)
11. Community declaration on Articles 30 and 31 of Protocol I (Annex X LVIII)
12. Community declaration relating to Protocol I on the extent of territorial waters (Annex XLIX)
13. Community declaration on protocol 2 (Annex L)
14. Community declaration relating to Protocol 2 on the operating expenses of the joint institutions (Annex LI)
15. Community declaration on protocol 3 (Annex LII)
The Plenipotentiaries of the Member States and of the Community have taken note of the Declarations listed below and annexed to this final Act:
1. Declaration of the ACP States on Article 130 (Annex LIII)
2. Declaration of the ACP States on the origin of fishery products (Annex LIV)
ANNEX I
Joint Declaration on Article 4
1. The Contracting Parties hereby reiterate their deep attachment to human dignity as an inalienable right and as constituting an essentiaI objective for the attainment of the legitimate aspirations of individuals and of peoples. They reaffirm that every individual has the right, in his own country or in a host country, to respect for his dignity and protection by the law.
2. The Contracting Parties proclaim that ACP-EEC co-operation must help eliminate the obstacles preventing individuals and peoples from actually enjoying to the full their economic social and cultural rights and that this must be achieved through the development which is essential to their dignity, their well-being an d their self-fulfilment.
3. In this respect the Contracting Parties reaffirm their obligation and their commitment under international law to fight for the elimination of all forms of discrimination based on ethnic group, origin, race, nationality, colour, sex, language, religion or any other situation. They proclaim their determination to work effectively for the eradication of apartheid, which constitutes a violation of human rights and an affront to human dignity.
ANNEX II
Joint declaration on the location of the Technical Centre for Agricultural and Rural Co-operation
1. The Contracting Parties recall that, with a view to ensuring the speedy establishment of the Technical Centre for Agricultural and Rural Co-operation and to avoid delaying the benefits that would accrue to the ACP States from the Centre's operations, it was agreed that the Centre should be situated provisionally in Wageningen, in the Netherlands.
2. The Contracting Parties undertake to examine as soon as possible the subject of location of the Centre in an ACP State, in the light of the experience gained in Wageningen an; account of the infrastructure and working conditions to guarantee the Centre's optimum efficiency in carrying out its assigned tasks. The results of the examination will in any case be presented before the expiry of the Convention with a view to a decision on the definitive location of the Centre.
ANNEX III
Joint declaration on Article 34
The ACP Group of States and the Community agree pursue their contacts regarding the supply of available agricultural products to individual ACP States as provided for in Article 34 of the Convention.
It is noted by both sides that the Community's offer, while not meeting in full the aspirations of the ACP States constitutes a recognition of the concern expressed by those.
The Committee of Ambassadors is entrusted with setting up an experts' working party to carry out a detailed study to access for the ACP States to available agricultural products in the light of the Community's offer. The Committee of Ambassadors is to present a report to the Council of Ministers as soon as possible and within one year at the latest.
ANNEX IV
Joint Declaration on Article 46
In view of the importance for the ACP States' prods stable production conditions and remunerative prices- purposes of implementing effectively agricultural commodity policies and strategies established by those States and supported by the Community-the Contracting Parties a continue their reflection on the ways and means which the framework of ACP-EEC co-operation, would be likely better to meet this concern.
ANNEX V
Joint declaration on Article 73(3)
The Contracting Parties agree that the ACP Secretariat the General Secretariat of the Council of the European Communities shall attend the meetings of the Board
ANNEX VI
Joint declaration on Article 87
In view of the importance of the United Nations Convention on a Code of Conduct for Liner Conferences and the desirablity of its rapid implementation, the Contracting Parties invite the Member States of the Community and the ACP States who have an interest in shipping and who have not yet adhered to or ratified the Code to do so as soon as possible after signature of the Convention. In this rispect, the Contracting Parties recognize that, when the Member States of the Community ratify the Code of Conduct or accede to it, they will do so in accordance with Regulation ( EEC) No 954/79 laying down rules for the ratification by Member States of the United Nations Convention on a Code of Conduct for Liner Conferences or the accession of these States to the Convention.
ANNEX VII
Joint declaration on co-operation between ACP States and neighbouring overseas countries and territories and French overseas departments
The Contracting Parties shall encourage greater regional co-operation in the Caribbean, the Pacific and the Indian Ocean involving ACP States and neighbouring overseas countries and territories and French overseas departments.
The Contracting Parties call upon interested Contracting Parties to consult each other on the procedure for promoting such co-operation and, in this cot to take measures, in line with their respective policies and their specific situation in the region, which wild permit initiatives in the economic field including the development of trade, as well as in the social and cultural fields.
Where there are trade agreements involving French overseas departments, such agreements may provide for specific measures in favour of products from those departments.
Issues relating to co-operation in these different areas shall be brought to the attention of the Council of Ministers, so that it can be duly informed of the progress achieved.
ANNEX VIII
Joint declaration on representation of regional groupings
Arrangements should be made by the Council of Ministers so that regional groupings between ACP States may be represented, as observers, at sessions of the Council of Ministers and Committee of Ambassadors.
Requests for such arrangements shall be examined by the Council of Ministers on a case by case basis.
ANNEX IX
joint declaration on ACP migrant workers and ACP students in the community
I. ACP migrant workers in the Community
1. Each Community Member State and each ACP State will in the framework of and in compliance with its respective general legislation, grant workers who are nationals of the other party legally carrying out an activity in its territory, and the members of their families residing with them, the fundamental freedoms as they derive from the general principles of international law. In this context the Member States and the ACP States will continue to ensure, through the legal or administrative measures adopted by them, that the foreign nationals within their territory are not subjected to discrimination on the basis of racial, religious, cultural or social differences.
2. The Community will develop its measures to support Member States' non-governmental organisations endeavouring to improve social and cultural facilities for workers who are ACP nationals (such as literacy campaigns and social welfare).
3. The Community is prepared to support, at the request of the ACP States concerned, the financing, within the framework of and in accordance with the procedures for financial and technical co-operation, of programmes or projects to train ACP nationals returning to their countries and for their vocational integration in well-defined fields. These programmes could be implemented in the territory of the Community or of the ACP States with the co-operation of the industries concerned on both sides, concentrating on programmes or projects that would create jobs in the ACP States.
4. The ACP States will take the necessary measures to discourage irregular immigration of their nationals into the Community. The Community may provide them, at their request with the technical assistance necessary to formulate and implement their national policies on the migration of their nationals.
II. ACP students in the Community
5. The Member States confirm that questions relating to the situation of ACP students within their territory and in particular to issues concerning access to education may be examined in the appropriate bilateral framework.
6. The Community will continue to encourage the training of ACP students in their country of origin or in another ACP State, in accordance with Article 119(3) of the Convention.
As regards the measures which the Community implements, it shall ensure that the training of ACP nationals carrying out their studies in the Member States is geared towards their vocational integration in their country of origin. For their part, the ACP States undertake to make efforts to programme effectively the vocational integration of their nationals sent to the Member States for training.
III. Provision common to workers and students
7. Without prejudice to national jurisdiction in this field. the Community and the ACP Group of States may each, as appropriate and where necessary, draw the attention of the Council of Ministersto matters relating to foreign workers or students in areas covered by the relevant declarations.
ANNEX X
Joint declaration on workers who are nationals of one of the Contracting Parties and are legally resident in the territory of a Member State or an ACP State
1. Each Member State shall accord to workers who are nationals of an ACP State legally employed in its territory treatment free from any discrimination based on nationality, as regards working conditions and pay, in relation to its own nationals.
Each ACP State shall accord the same treatment to workers who are nationals of the Member States legally employed on its territory.
2. Workers who erg nationals of' en ACP State legally employed in the territory of a Member State and members of their families living With them shall, as regards social security benefits linked to employment, in that Member State enjoy treatment free from any discrimination based on nationality in relation to nationals of that Member State.
Each ACP State shall accord to workers who are nationals of Member States and legally employed in its territory, and to members of their families, treatment similar to that laid down in paragraph 1.
3. These provisions shall not affect any rights or obligations arising from bilateral agreements binding the ACP States and the Member States where those agreements provide for more favourable treatment or nationals of the ACP States or of the Member States.
4. The Parties hereto agree that the matters referred to in this Declaration shall be resolved satisfactorily and, if necessary, through bilateral negotiations with a view to concluding appropriate agreements.
ANNEX XI
Joint Declaration on definition of Appropriate Technology
In the framework of the Convention, appropriate technology shall be such technology as:
- is appropriate in terms of labour, capital, operation and maintenance,
- is compatible with t he physical environment and the local resource endowment.
- is accompanied by applicable or adaptable know-how
- satisfies health and safely standards,
- is consistent with cultural and social characteristics of the populations,
- takes into account the social costs of its impact on culture,
- does not impose a strain on scarce resources and
- is adjustable to the social and economic conditions.
ANNEX XII
Joint declaration on the presentation of the Convention to GATT
The Contracting Parties will consult when the provision the Convention that relate to trade are presented and examined under GATT.
ANNEX XIII
Joint declaration concerning agricultural products referred to in Article 130(2)(a)(ii)
The Contracting Parties have taken note that the Community intends to take the measures mentioned in the Annex, which are laid down at the date of signing of the Convention with a view to granting ACP States the preferential treatment provided for in Article 130(2)(a)(ii), for certain agricultural and processed products.
They have taken note that the Community declares that it will take all the measures required to ensure that the corresponding agricultural regulations are adopted fit good time that, wherever possible, they come into force at the same time as the interim arrangements which will be introduced after expiry of the Second ACP-EEC Convention of Lome.
ANNEX XIV
Joint declaration on the arrangements governing access to the markets of the French overseas departments for products originating in the ACP States referred to in Article 130(2)
The Contracting Parties reaffirm that Chapter I of Title I of Part Three and Title VI of Part Two of the Convention apply to the relations between the French overseas departments and the ACP States.
The Community shall have the right, during the life of the Convention, to amend, in the light of the economic development requirements of the French overseas departments, the arrangements governing access to the latter market for products originating in the ACP States referred to in Article 130(2).
When examining the possible application of this right, the Community will take into consideration the direct trade between the ACP States and the French overseas department. Information and consultation procedures shall apply between the parties concerned in accordance with the provisions of Article 143.
ANNEX XV
Joint declaration on Articles 137 and 139
If special tariff treatment were to be applied by the ACP States to imports of products originating in the Community, the provisions of Protocol I would apply mutatis mutandis. In all other eases where the treatment applied to imports by the ACP States necessitates the provision of proof of origin, those States shall accept certificates of origin drawn up in accordance with the relevant international agreements.
ANNEX XVI
Joint declaration on products covered by the common agricultural policy
The Contracting Parties recognize that products covered by the common agricultural policy follow specific rules and regulations, in particular with regard to safeguard measures. The provisions of the Convention concerning the safeguard clause may be applied to these products only insofar as they are consistent with the specific nature of these rules and regulations.
ANNEX XVII
Joint declaration on Article 140 containing the text of the joint declaration by the Council of Ministers of 19 and 20 May 1983 on the implementation of Article 13 of the second ACP-EEC Convention signed at Lome on 31 October 1979 concerning safeguard measures
1. The Contracting Parties to the Loom Convention agree that every endeavour should by made to avoid recourse bet al had to the safeguard measures provided for under Article 12.
2. Both parties are guided by the conviction that the implementation of Article 13(4) and (5) would enable them to recognize, at an early stage, problems which could arise and, take account of all relevant factors, a void as far as possible recourse to measures which the community would prefer not to ado vis-à-vis its preferential trading partners.
3.Both parties acknowledge the need for implementation of the mechanism of advance information provided for under Article 13(4), the objective of which is to limit, in the case of sensitive products (*), the risks of sudden unforeseen recourse to safeguard measures. These arrangements will permit the maintenance of a regular flow of trade information and the simultaneous implementation of regular consultation procedures. Thus the two parties will be in a position to follow closely the trends in the sensitive sectors and detect problem which could arise.
4. The following two procedures result from this:
(a) The statistical surveillance mechanism
Without prejudice to internal arrangements that the Community may apply to control its imports, Article 13(4) of the second Lome Convention provides for the institution of a mechanism intended to ensure statistical surveillance of certain ACP exports to the Community and thus facilitate the examination of occurrences such as to cause market disturbances.
This mechanism, the sole objective of which is to facilitate the exchange of information between the parties, should apply only to products which the Community considers, insofar as it is concerned, as sensitive.
The implementation of this mechanism will be the subject of a joint agreement on the basis data to be furnished by the Community and with the help of statistical information to be communicated by the ACP States to the Commission at the latter's request.
For the effective implementation of this mechanism it is necessary that the ACP States concerned provide the Commission, as far as possible on a monthly basis, with statistics relating to their exports to the Community and to each of its Member States of products considered by the Community to be sensitive.
(b) A procedure for regular consultation
The statistical surveillance mechanism mentioned above will enable the two parties better to follow the trends in trade likely to cause concern. On the basis of this information, and in accordance with Article 13(5), the Community and the ACP States will have the possibility of holding periodic consultations in order to ensure that the objectives of that Article are fulfilled. These consultations will take place at the request of either party.
5. Paragraphs 1, 2 and 3 of Article 13 relating to safeguard measures have already been, insofar as the Community is concerned, the object of a Council implementing Regulation (Regulation (EEC) No 1470/80) following the request of the ACP States for the advance implementation of the provisions of the second Lome Convention relating to the safeguard clause. If the conditions of application of safeguard measures (Article 12) are fulfilled, it would be the responsibility of the Community, in accordance with Article 13(1) relating to prior consultations concerning the application of safeguard measures, to enter immediately into consultations with the ACP States concerned by providing them with all the information necessary for those consultations, especial y the necessary data from which to determine to what extent imports of a specific product from an ACP State or States have caused serious disturbances in a sector of the economy of the Community or of one or more of its Member States.
6. If no other arrangement has been concluded in the meanwhile with the ACP State or States concerned, the competent authorities of the Community may, at the end of the twenty one day period provided for in respect of those consultations, take the appropriate measures for the implementation of Article 12 of the Convention. These measures shall be communicated immediately to the ACP States and become immediately applicable.
7. This procedure would apply without prejudice to measures which could be taken in the event of special factors within the meaning of Article 13(3) of the Convention. In this case all relevant information will be supplied promptly to the States.
8. In any case, the interests of the least-developed, landlocked and island ACP States will receive particular attention, in accordance with Article 15 of the Tome Convention.
9.The ACP States and the Community arc convinced that e implementation of the provisions of the Lome Convention, as well as those of this declaration, are Likely to promote while taking into account the mutual interests of the partners, the attainment of the objectives of the Convention in respect of trade co-operation.
ANNEX XVIII
Joint declaration on trade between the European Economic Community and Botswana, Lesotho Swaziland
Having regard to Part I(3) of Protocol 22 to the Act concerning the conditions of accession and the adjustments to the Treaties, the Community recognizes, and the Governments of Botswana, Lesotho and S Swaziland declare:
- that the three Governments undertake to apply, at the entry into force of the convention, the same customs tariff treatment to imports originating in the Community, as they apply to those originating in the or country of the customs union to which they adhere;
- that this undertaking should not prejudice the different methods which may exist for financing the three Governments' budgets in relation to imports originating in the Community and those originating in the other country of the customs union to which they adhere;
- that the three Governments undertake to ensure through the provisions of their customs systems, and particularly through the application of the rules of origin established under the Convention, that no trade deflection takes place to the detriment of the Community, as a result of their participation with the other country in the customs union to which they adhere.
ANNEX XIX
Joint declaration on ACP-EEC consultations in the event of the establishment of a system for the stabilisation of export earnings at world level
The Contracting Parties agree to concert action in the con text of the Convention in order to avoid any double compensation in the event of a world system for the stabilisation of export earnings being established during the period of application of the Convention.
ANNEX XX
Joint declaration on Article 150(1) (b)
The Contracting Parties agree that the decisions taken pursuant to Article 27 of the second ACP-EEC Convention it favour of coconuts and coconut oil as regards exports from Dominica and in favour of cowpeas (Vigna unguiculata) a regards exports from Niger shall continue to apply.
ANNEX XXI
Joint declaration on Article 150(1)(c)
The Contracting Parties agree that the decisions taken pursuant to Article 46(3) of the second ACP-EEC Convention of Lome shall continue to apply to the following ACP States: Burundi, Cape Verde, Comoros, Ethiopia, Guinea-Bissau, Lesotho, Rwanda, Seychelles, Solomon Islands, Swaziland, Tonga, Tuvalu, and Western Samoa.
ANNEX XXII
Joint declaration on Article 166
In order to improve the functioning of the Stabex system and enhance the exchange of information and statistics, the two Parties agree to convene, within six months of the signing of the Convention, a joint panel of experts responsible, in the light of past experience and taking account of the adjustments made to the system under the Convention, for working out any proposal aimed at achieving the objectives referred to in Article 166. In its work the panel shall also pay particular attention to measures leading to the better acquisition of data on ACP States' exports to the Community, including re-exports from the Community The Panel shall report within, vile month on its conclusions.
ANNEX XXIII
Joint declaration on the management of Sysmin
1. In order to improve the effectiveness of the special financing facility (SYSMIN) and hence its impact on development, the Community shall make available to the ACP States, rim later than six months from the entry into force of the Convention, a simplified information sheet to be submitted for the examination of the applications for aid and shall adopt management procedures and offer its assistance to:
- enable an ACP State facing the circumstances described in Articles 176 and 179 to present rapidly a request for aid containing all the essential information for such request to be examined;
- conduct the rapid examination in liaison with the ACP State, of the aid application referred to in Article 181 and appraise the projects and programmes financed by the special financing facility so as to enable the operations to be undertaken rapidly;
- co-ordinate the contributions from the special financing facility, wherever circumstances permit with any other resources liable to be deployed under the Convention in the mining sector
2. The Commission shall evaluate in co-operation with the ACP States, in the light of experience the administrative procedures for operating the scheme and to discuss any measures required to improve its effectiveness.
ANNEX XXIV
Joint declaration on the use of SYSMIN funds
The Contracting Parties agree that, in decisions to allocate funds provided for under Article 178 to projects or programmes, due consideration will be given to economic interests and social implications in the requesting ACP State and the Community, without prejudice to Article 179.
ANNEX XXV
Joint declaration on refugees and returnees
The Contracting Parties, conscious on the one hand of the forming magnitude and complexity of the situation of refugees and returnees in ACP States, heightened by the economic crisis, drought and the large numbed of people seeking refuge, and on the other hand of the resulting burden for and constraints Imposed on the national economies and infrastructure of host countries, countries of origin and ACP States of resettlement recognize that this problem is of such a nature as to impede the pursuit and the attainment by the affected States. most of which are least-developed, of the objectives of the Convention.
2. In recognition of this situation, the Community, under Articles 203 and 205 of the Convention, undertakes to make available to the ACP States concerned resources complementary to those provided under the indicative programmes, both in the context of emergency aid in order to bring such immediate relief as is possible to the popular affected and in the context of longer-term measures.
ANNEX XXVI
Joint declaration on Article 243(1)
1. A contracting State may request the negotiation of an investment promotion and protection agreement with another contracting State
2 The States party to such agreements shall practise no discrimination between contracting States party to this Convention or against each other in relation to third countries when opening negotiations for, concluding, applying and interpreting bilateral or multilateral investment promotion and protection agreements. By 'non-discrimination the Parties understand that, in negotiating such agreements, either side may be entitled to provisions in agreements negotiated between the ACP States or Member States concerned and another State, provided that in every case reciprocity is accorded.
3. The contracting States shall have the right to request a modification or adaptation of the non-discriminatory treatment referred to in paragraph 2 when international obligations or changed de facto circumstances so necessitate.
4. The application of the principles referred to in paragraphs 2 and 3 does not purport to, and cannot in practice, infringe the sovereignty of any contracting State party to the Convention.
5. The relation between the date of entry into force of any agreement negotiated, provisions for the settlement of disputes and the date of the investments concerned will be set out in the said agreement, account being taken of the preceding paragraphs. The Contracting Parties confirm that retroactivity shall not apply as a general principle unless contracting States stipulate otherwise.
ANNEX XXVII
Joint declaration on special measures for the least-developed,
landlocked and island ACP States in the event of natural disasters
1. The least-developed, landlocked and island ACP States, most of which are especially vulnerable to natural disasters. such as cyclones, hurricanes and floods, shall receive special attention for the identification, planning and implementation of appropriate disaster mitigation, rehabilitation and reconstruction measures.
2. Priority shall be given to assistance with pre-disaster planning and precautions such as the establishment of adequate and renewable stocks of food, seedlings and seeds, medical supplies, building materials for rehabilitation and reconstruction as well as to support for the establishment of rapid and efficient emergency systems.
ANNEX XXVIII
Joint declaration on Article 288
The Community and the ACP States are prepared to allow the countries and territories referred to in Part Four of the Treaty which have become independent to accede to the Convention if they wish to continue their relations with the Community in this form.
ANNEX XXIX
Joint declaration on Protocol 1
1. For the purposes of applying Article 5(2)(c) of the Protocol, the shipping certificate, issued in the first port of embarkation for the Community, shall be equivalent to the through bill of lading for products covered by movement certificates issued in land-locked ACP States.
2. Products exported from ACP States which are warehoused elsewhere than in the ACP States or the countries and territories referred to in Explanatory Note 9 may be the subject of movement certificates issued under the circumstances referred to in Article 7(2).
3. For the purpose of Article 7(1) of the Protocol. certificates EUR. I issued by a competent authority and endorsed by the customs authorities will be accepted.
4. In order to help ACP enterprises in their efforts to find new sources of supply with a view to benefitting to the maximum extent from the provisions of the Protocol as regards cumulation of origin, steps will be taken to ensure that the Centre for the Development of Industry provides assistance to ACP operators in the establishment of appropriate contacts with suppliers in the ACP States, the Community and the countries and territories, as well as to promote relations in the field of industrial co-operation among the operators concerned.
Furthermore, the Contracting Parties agree that a manual on the rules of origin shall be established for the use of the officials involved and of exporters; they also envisage supplementing the issue of this manual by information seminars.
ANNEX XXX
Joint declaration on the origin of fishery products
The Community acknowledges the right of the coastal ACP States to the development and rational exploitation of the fishery resources in all wafers within their jurisdiction.
The Contracting Parties Agree that the existing rules of origin have to be examined in order to determine what possible, changes may have to be made in the light of the above paragraph. Conscious of their respective concerns and interests, the ACP States and the Community agree to continue examining the problem posed by the entry, on to Community markets, of fishery products from catches made in zones within the national jurisdiction of the ACP States, with a view to arriving at a solution satisfactory to both sides.
This examination will take place in the Customs Co-operation Committee, assisted, when necessary by the appropriate experts, after entry into force of the Convention. The results of this examination shall be submitted, within the first year of application of the Convention, in the Committee of Ambassadors and, at the latest during the second year. to the Council of Ministers for their consideration with a view to arriving a t a solution satisfactory to both sides.
For the time being, as regards the processing of fishery products in the ACP States. The Community declares that it is willing to examine with an open mind requests for derogations from the rules of origin for processed products in this production sector based on the existence of compulsory landing requirements provided for in fishery agreements with third countries. The examination the Community is to make will take into account in particular the fact that the third countries concerned should ensure the normal market for such products. following processing. insofar as the latter are not intended for national or regional consumption.
Within this context and for canned tuna, the Community will examine requests from interested ACP States in a positive spirit, case-by-case, provided that the economic dossier accompanying each request clearly shows that a case such as those referred to in the preceding paragraph is involved. Taken within the time-limits provided for in Article 30 of Protocol 1. the decision will indicate on a case-by-case basis. the agreed quantities and its duration of implementation, account being taken of Article 30(8) of that Protocol.
The derogations granted in the framework of this Declaration shall not prejudice the rights of ACP States to apply for and obtain derogations granted under Article 30 of Protocol 1.
ANNEX XXXI
Joint declaration on Article 2 of Protocol 1
1. A fund administered by the body acting as secretariat' the Joint Assembly for the ACP side shall be set up by the ACP States under that body with the exclusive aim of contributing to the financing of expenditure incurred by ACP participants in meetings arranged by the Joint Assembly, to the exclusion of its general sessions. The ACP States shall make their contribution to the fund. For its part. the Community shall contribute an amount not exceeding one million ECU for the life of the Convention under Article 112 thereof (regional co-operation).
2. In order to be covered by the fund, expenditure must meet the following conditions, in addition to those referred to in paragraph 1:
- it must result from the participation by parliamentarians or, failing that, by other ACP members of the Joint Assembly travelling from the countries they represent, in Joint Assembly working parties or special missions arranged by the Joint Assembly, and also from participation by those persons and representatives of ACP economic and social sectors in the consultation sessions provided for in Article 25(2)(b) of the Convention;
- decisions on the organization of working parties or missions, and the frequency and venue of the meetings or missions, must be taken in accordance with the Joint Assembly's rules of procedure.
3. Payment by the Community of each annual instalment. except the first, shall be subject to presentation by the body acting as secretariat for the ACP members of the Joint Assembly of a detailed statement of the use. in accordance with the conditions set out in paragraphs I and 2. to which earlier instalments have been put.
ANNEX XXXII
Joint declaration on Protocol 5
The Member States undertake that their licensing system shall not be operated by their authorities in such a way as to impede the import of the quantities of rum specified in Article 2(a).
ANNEX XXXIII
Joint declaration on Protocol 5
Should substantial modifications, other than a natural fall of rum consumption, take place on the Community rum market following the enlargement of the EEC, the Community undertakes to consult with the traditional exporters of rum taking into account the situation newly created, with a view to safeguarding the traditional suppliers' interests.
ANNEX XXIV
Joint declaration on Article 1 Of Protocol 5
In the event of the introduction of a common organization of the market in alcohol the Community undertakes to consult with the traditional exporters of rum with the aim of safeguarding their interests under changing market conditions.
ANNEX XXXV
Joint declaration on Article 4 of Protocol 5
The Contracting Parties note that the Community has agree' to the provisions of Article 4 on condition that:
(a) any ACP State wishing to benefit from these provision shall include appropriate trade promotion projects for rum its national indicative programme ;
(b) the Community s acceptance does not prejudge the legislation of Member States in matters of alcohol advertising.
ANNEX XXVI
A. Declaration by the Community and the Member States on Articles 86, 87, X8, 90 and 91
The Community and its Member States interpret the expression `Contracting Parties' as meaning on the one hand the Community and talc Member States. or the Community, or the Member States and on the other. the ACP States. The meaning to be attributed to this expression in each case is to be deduced from the relevant provisions of the Convention and from the corresponding provisions of the Treaty establishing the European Economic Community.
B. Declaration by the ACP States on the declaration by the Community and its Member States on Articles 86, 87, 88, 90 and 91
The above declaration by the Community shall not prejudice the provisions of Article I of the Convention concerning the definition of contracting parties.
ANNEX XXXVII
A. Community declaration on Articles 194 and 195
The Community declares that the amount of 8 500 million ECU of financial assistance referred to in Article 194 is offered on the condition that, firstly, it covers all the ACP States which have participated in the negotiations of the Convention whatever the date of their accession to that Convention and secondly, that it takes into account in advance the enlargement of the Community to include Portugal and Spain to the exclusion of any other country.
B. Declaration by the ACP States on the Community declaration on Articles 194 and 195
The ACP States accept the Community's offer and take due note of its declaration above.
ANNEX XXX VIII
Community declaration on trade liberalisation
The Community is conscious of the need to ensure. in the overall application of the Convention, the maintenance of the competitive position of the ACP Slates where their trade advantages on the Community market are affected by measures relating to general trade liberalisation.
The Community declares its willingness. whenever ACP States bring to its attention any specific case to study jointly specific appropriate action with a view to safeguarding the interests of the latter.
ANNEX XXXIX
Community declaration on Article 96(3)
In respect of the payment of travel expenses and costs of transporting articles and goods that are to be exhibited on the occasion of participation in fairs and exhibitions, the Community agreed that, in the case of least-developed ACP States, such expenses shall be paid direct, at the moment of travel and shipment, by the Commission delegate in the country concerned.
ANNEX XL
Community declaration on Article 136(2)(a)
While agreeing to the reproduction of the text of Article 9(2)(a) of the ACP-EEC Convention of Lome in Article 136(2)(a), the Community reaffirms the interpretation of that text, namely that the ACP States shall grant to the Community treatment no less favourable than that which they grant to developed states under trade agreements where those states do not grant the ACP States greater preferences than those granted by the Community.
ANNEX XLI
Community declaration on Article 139(3)
Were the Community to adopt the strictly necessary measures referred to in this Article, it would endeavour to seek those which, by reason of their geographical scope or the type of products concerned, would least disturb the exports of the ACP States.
ANNEX XLII
Community declaration on Articles 148 and 150(2)
The Community hereby takes note of the request made by the ACP States during the negotiations concerning live bovine animals, sheep and goats.
It declares its readiness to examine this request in the framework of the provisions referred to in Article 150(2) as soon as substantial supporting documents are provided.
ANNEX XLIII
Community declaration on Article 150(3)
The Community has taken note of the derogation requests made during the negotiations under Article 150(3) by the following ACP States: Benin, Burkina Faso, Fiji, Guyana, Mali, Mauritius, Niger, Sao Tome and Principe, Sudan, Tanzania, Togo and Uganda.
On the basis of the Commission s report to the Council of Ministers, the Community undertakes to notify its position to the Council not later than six months after the signing of the
ANNEX XLIV
Community declaration on Article 19
The amounts indicated in Article 194 to cover all the financial resources placed at the disposal of the ACP States by the Community are expressed in ECU as defined by Council Regulation (EEC) No 3180/78 of 18 December 1978, as amended by Council Regulation (EEC) No 2626/84 of 15 September 1984, or, where appropriate. by a later Council regulation defining the composition of the ECU.
ANNEX XLV
Community declaration on Article 248
The Community confirms the declaration made during the negotiations concerning the ACP-EEC Convention of Lome signed on 28 February 1975 by which the Community consigners that the deletion of the phrase with due regard for Artie 249, which the Community had asked to be inserted at the end of Article 248 during the negotiations, does not prejudice the legal relationship existing between Articles 248 and 249.
ANNEX XLVI
Declaration by the representative of the Government of the Federal Republic of Germany concerning the definition of German nationals
Wherever the Convention refers to the nationals of the Member States, this expression shall mean in the case of the Federal Republic of Germany, 'Germans within the meaning of the basic law for the Federal Republic of Germany'.
ANNEX XLVII
Declaration by the representative of the Government of the Federal Republic of Germany concerning the application to Berlin of the Convention
The Convention shall apply equally to Land Berlin, insofar as the Government of the Federal Republic of Germany doe; not make a declaration to the contrary to the other Contracting Parties within a period of three months from the entry into force of the Convention.
ANNEX XLVIII
Community declaration on Articles 30 and 31 of Protocol 1
The Community recognizes the special importance for the ACP States of implementing the measures for applying derogation decisions as swiftly as possible after their adoption.
It will introduce procedures which enable it to take such application measures in the short fist possible time, with a notably to being able to deal with emergency situations, and within the context of Article 31 of the Protocol.
ANNEX XLIX
Community declaration relating to Protocol 1 on the extent of territorial waters
The Community, recalling that the relevant acknowledged principles of international law restrict the maximum extent of territorial waters to twelve nautical miles. declares that it will take account of this limit in applying the provisions of the Protocol wherever the latter refers to this concept.
ANNEX L
Community declaration on Protocol 2
Having noted the request by the ACP States concerning financial contribution towards the operating expenditure o their Secretariat, the Community, it the spirit of the relevant undertaking made at the second meeting of the ACP-EEC Council of Ministers in Fiji, states its readiness to examine with particular attention the specific requests to be made to it in due course Title a view to enabling the Secretariat to avail itself of such personnel as may appear necessary.
ANNEX LI
Community declaration relating to Protocol 2 on the operating expenses of the joint institutions
The Community, being aware that expenditure in connection with interpreting at meetings and the translation of documents is expenditure incurred essentially for its own requirements, is prepared to continue past practice and meet this expenditure both for meetings of the institutions of the Convention which take place in the territory of a Member State and those which take place in the territory of an ACP State.
ANNEX LII
Community declaration on Protocol 3
Protocol 3 is a multilateral act from the point of view of international law. However, any specific problems that may arise in the host State regarding the application of Protocol 3 should be settled by bilateral agreement with that State.
The Community has noted the ACP States' requests that certain provisions of Protocol 3 be modified, notably as regards the status of the staff of the ACP Secretariat. the Centre Or the Development of Industry (CDI) and the Technical Centre for Agricultural and Rural Co-operation (TCARC).
The Community is willing to seek jointly appropriate solutions in respect of the ACP States' requests with a view to establishing a separate legal instrument as referred to above.
In this context, the host country will, without derogating from the present benefits enjoyed by the ACP Secretariat, the CDI. the TCARC and their staff:
(l) show understanding as regards the interpretation of the expression staff of senior rank, such an interpretation to be arrived at by mutual agreement;
(2) recognize the powers delegated by the President of the Council of ACP Ministers to the Chairman of the Committee of ACP Ambassadors, in order to simplify implementation of Article 9 of that Protocol;
(3) agree to grant certain facilities to the staff of the ACP Secretariat, the CDI and the TCARC to facilitate initial installation in the host country;
(4) examine in an appropriate way tax-related questions concerning the ACP Secretariat, the CDI and the TCARC and their staff.
ANNEX LIII
Declaration of the ACP States on Article 130
Conscious of the imbalance and the discriminatory effect resulting from the most-favoured-nation treatment applicable to products originating in the ACP States on the Community market under Article 1 30(2)(a)(ii), the ACP States reaffirm their understanding that the consultations provided for under this Article shall ensure that the ACP States' main exportable products benefit from treatment at least as favourable as the granted by the Community to countries enjoying the most-favoured-third-state treatment.
In addition similar consultations shall take place in cases where:
(a) one or more ACP ' States show potentialities for one or more specific products for which preferential third states enjoy more favourable treatment;
(b) one or more ACP States envisage exporting to the Community one or more specific products for which preferential third states enjoy more favourable treatment.
ANNEX LIV
Declaration of the ACP States on the origin of fishery products
The ACP States reaffirm the point of view they expressed throughout the negotiations on the rules of origin in respect of fishery products and consequently maintain that following the exercise of their sovereign rights over fishery resources in the waters within their national jurisdiction, including the exclusive economic zone, as defined in the United Nations Convention on the Law of the Sea, all catches effected in those waters and obligatorily landed in ports of the ACP States for processing should enjoy originating status.
