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SUMMARY
Preamble
General provisions of ACP-EEC co-operation
Chapter 1: Objectives and principles of co-operation
Chapter 2: Objectives and guidelines of the convention in the main areas of co-operation
Chapter 3: Principles governing the instruments of co-operation
The areas of ACP-EEC co-operation
Title I. Agricultural and rural development and conservation of natural resources
Chapter 1: Agricultural co-operation and food security
Chapter 2: Drought and desertification control
Chapter 3: Co-operation on agricultural commodities
Title II. Development of fisheries
Title III. industrial development
Title IV. Development of mining and energy potential
Title V. Transport and communications
Title VI. Development of trade and services
Title VII. Regional co-operation
Title VIII. Cultural and social co-operation
Chapter 1: Cultural and social dimension
Chapter 2: Operations to enhance the value of human resources
Chapter 3: Promotion of cultural identities
The instruments of ACP-EEC co-operation
Title I. Trade co-operation
Chapter 1: General trade arrangements
Chapter 2: Special undertakings on rum and bananas
Title II. Co-operation in the field of commodities
Chapter 1: Stabilization of export earnings from agricultural commodities
Chapter 2: Special undertakings on sugar
Chapter 3: Mining products: special financing facility(Sysmin)
Title III. Financial and technical co-operation
Section 1: Objectives and principles
Section 3: Responsibilities of the ACP States and the Community
Chapter 2: Financial co-operation
Section 1: Financial resources
Section 2: Terms and conditions of loans
Section 3: Methods of financing
Section 4: Risk capital
Section 5: Co-financing
Section 6: Microprojects
Section 7: Emergency aid and aid for refugees and returnees
Section 8: Small and medium-sized enterprises
Chapter 3: Technical co-operation
Chapter 4: Implementation procedures
Section 1: Programming, appraisal, implementation and evaluation
Section 2: Execution of financial and technical co-operation
Section 3: Competition and preferences
Section 4: Tax and customs arrangements
Title IV. Investments, capital movements, establishment and services
Chapter 2: Provisions relating to current payments and capital movements
Chapter 3: Provisions relating to establishment and services
Title V General provisions for the least-developed, landlocked and island ACP States
Chapter 1: Least-developed ACP states
Chapter 2: Landlocked ACP States
Operation of the institutions
Chapter 1: The Council of Ministers
Chapter 2: The Committee of Ambassadors
Chapter 3: Provisions common to the Council of Ministers and the Committee of Ambassadors
Final provisions
Protocol No 2 on the operating expenditure of the Institutions
Protocol No 3 on privileges and immunities
Porotocol No 7 containing the text of Protocol 3 on ACP sugar appearing in the ACP-EEC Convention of Lome signed on 28 February 1975 and the corresponding declarations annexed to that Convention
Protocol No 8 concerning products within
the province of the European Coal and Steel Community
His Majesty the King of the Belgians,
Her Majesty the Queen 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 as " the Community", the States of the Community being hereinafter referred to as "Member ' States", and the Council and the Commission of the European Communities, of the one part, and
Her Majesty the Queen of Antigua and Barbuda,
The Head of State of the Bahamas,
The Head of State of Barbados,
Her Majesty the Queen of Belize,
The President of the People's Republic of Benin,
The President of the Republic of Botswana,
The President of the National Revolutionary Council, President of Burkina Faso, Head of the Government,
The President of the Republic of Burundi,
The President of the Republic of Cameroon,
The President of the Republic 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 Republic 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, Chair
man of the Provisional Military Administrative Council and of
the Council of Ministers and Commander-in-Chief of the Re- volutionary Army of Ethiopia,
Her Majesty the Queen of Fiji,
The President of the Gabonese 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 Jamaican,
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,
His 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 Rwandese Republic,
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 Sate of Western Samoa,
The President of the Democratic Republic of 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,
Having regard to the Treaty establishing the European Economic Community and the Treaty establishing the European Coal and Steel Community, on the one hand, and the Georgetown Agreement constituting the group of African, Caribbean and pacific states, on the other;
ANXIOUS to reinforce on the basis of complete equality between partners and in their mutual interest, close and continuing co-operation in a spirit of international solidarity;
WISHING to demonstrate their common desire to maintain and develop the friendly relations existing between their countries, in accordance with the principles of the Charter of the United Nations;
REAFFIRMING their adherence to the principles of the said Charter and their faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small;
RESOLVED to step up their common efforts to contribute towards international co-operation and to the solution of internationalproblems of economic, social, intellectual, and humanitarian nature, in conformity with the aspirations of the international community towards the establishment of a new, more just and more balanced economic order;
RESOLVED to make through their co-operation, a significant contribution to the economic development and social progress of the ACP States and to the greater well-being of their populations;
HAVE DECIDED to conclude this Convention and to this end have designated as their Plenipotentiaries:
HIS MAJESTY THE KING OF THE BELGIANS: Mr. Francois-Xavier DE DONNEA, State Secretary, Development Co-operation;
HER MAJESTY THE QUEEN OF DENMARK: Mr. K. E. TYGESEN, State Secretary, Ministry for Foreign Affairs:
THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY: Mr. Peter SCHOLZ, Ambassador Extra ordinary and Plenipotentiary of the Federal Republic of Germany to the 'Togolese Republic;
Dr Volkmar KOHLER, parliamentary State Secretary to the Federal Ministry for Economic Co-operation;
THE PRESIDENT OF THE HELLENIC REPUBLIC:
Mr Theodore PANGALOS, State Secretary, Ministry for Foreign Affairs;
THE PRESIDENT OF THE FRENCH REPUBLIC:
Mr Claude CHEYSSON, Plenipotentiary,
Mr Christian NUCCI,
Minister responsible to the Minister for External Relations;
Responsible for Co-operation and Development;
PRESIDENT OF IRELAND:
Mr Jim O'KEEFFE, T.D.,
Minister of State at the Department of Foreign Affairs
THE PRESIDENT OF THE ITALIAN REPUBLIC Mr. Mario FIORET,
Under Secretary of State, Ministry for Foreign Affairs
HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG:
Mr. Robert GOEBBELS, State Secretary, Ministry for Foreign Affairs;
HER MAJESTY THE QUEEN OF THE NETHERLANDS:
Dr. W.F. VAN EEKELEN,
State Secretary, Ministry for Foreign Affairs;
HER MAJESTY THE QUEEN OF THE UNITED KINGDOM
OF GREAT BRITAIN AND NORTHERN IRELAND:
The Rt Honourable Timothy RAISON, M.P.,
Minister of State for Foreign and Commonwealth Affairs,
Minister for Overseas Development;
THE COUNCIL OF THE COMMISSION OF THE EUROPEAN COMMUNITIES:
Mr Peter BARRY,
Ministry for Foreign Affairs, Ireland
President-in-Office of the Council of the European Communities;
Mr Gaston THORN President of the Commission of the European Communities:
HER MAJESTY THE QUEEN OF ANTIGUA AND BARBUDA:
Mr Ronald SANDERS. Ambassador Extraordinary and Plenipotentiary. Head of the Mission of Antigua and Barbuda to the European Communities.
THE HEAD OF STATE OF THE COMMONWEALTH OF THE BAHAMAS:
Mr Richard C. DEMERITTE, High Commissioner to the United Kingdom:
THE HEAD OF STATE OF BARBADOS:
The Honourable H. B. St JOHN. QC, M.P.. Deputy Prime Minister and Minister of Trade. Industry and Tourism
HER MAJESTY THE QUEEN OF BELIZE:
Mr Rudolph 1. CASTILLO, MBE Ambassador Extraordinary and Plenipotentiary. Head of the Mission of Belize to the European Communities;
THE President OF THE PEOPLE'S REPUBLIC OF BENIN:
Mr Soule DANKORO, Minister for Trade, Craft Trades and Tourism:
THE PRESIDENT OF THE REPUBLIC OF BOTSWANA:
The Honourable Mrs G. K. T. CHIEPE. Minister for Foreign Affairs:
THE PRESIDENT OF THE NATIONAL REVOLUTIONARY COUNCIL, PRESIDENT OF BURKINA FASO, HEAD OF THE GOVERNMENT:
Mr Youssouf OUEDRAOGO, Minister for Planning and Social Development:
THE PRESIDENT OF THE REPUBLIC OF BURUNDI:
Mr Stanislas MANDI,
Minister of the Presidency responsible for relations with the National Assembly;
THE PRESIDENT OF THE REPUBLIC OF CAMEROON:
Mr Youssoufa DAOUDA, Minister of State for Planning and Regional Development;
THE PRESIDENT OF THE REPUBLIC OF CAPVERDE:
Mr Silvino DA LUZ, Minister for Foreign Affairs;
THE PRESIDENT OF THE CENTRAL AFRICAN REPUBLIC :'
Mr Guy DARLAN,
High Commissioner for Planning, responsible for Economic Financial
Co-operation,
THE PRESIDENT OF THE ISLAMIC FEDERAL REPUBLIC OF THE COMOROS:
Mr Yahaia DJAMADAR, Roving Ambassador and Plenipotentiary;
THE PRESIDENT OF THE PEOPLE'S REPUBLIC OF THE CONGO:
Mr Pierre MOUSSA, Minister for Planning;
THE PRESIDENT OF THE REPUBLIC IVORY COAST:
Mr Abdoulaye KONE, Minister for Economic Affairs and Finance,
THE PRESIDENT OF THE REPUBLIC OF DJIBOUTI:
Mr Ahmed Ibrahim ABDI Ambassador Extraordinary and Plenipotentiary, Head of the Mission of the Republic of Djibouti to the European Economic Community;
THE GOVERNMENT OF THE COMMONWEALTH OF DOMINICA:
Mr Romeo Arden Coleridge SHILLINGFORD, High Commissioner to the United Kingdom;
THE GENERAL SECRETARY OF THE ETHIOPIAN WORKERS' PARTY, CHAIRMAN OF THE PROVISIONAL MILITARY ADMINISTRATIVE COUNCIL AND OF THE COUNCIL OF MINISTERS AND COMMANDER-INCHIEF OF THE REVOLUTIONARY ARMY OF ETHIOPIA:
Mr Ijigu MERSIE, Minister responsible for General Planning,
HER MAJESTY THE QUEEN OF FIJI:
Mr J.D.V. CAVALEVU,
Ambassador Extraordinary and Plenipotentiary,
Head of the Mission of Fiji to the European Communities;
THE PRESIDENT OF THE GABONESE REPUBLIC:
Mr Pascal NZE, Minister for Planning and Regional Development; THE PRESIDENT OF THE REPUBLIC OF THE GAMBIA:
The Honourable Sheriff Saikouba SISAY,
Minister of Finance and Trade:
THE HEAD OF STATE AND CHAIRMAN OF THE PROVISIONAL NATIONAL DEFENCE COUNCIL OF THE REPUBLIC OF GHANA:
Dr Kwesi BOTCHWEY,
Secretary for Finance and Economic Planning;
HER MAJESTY THE QUEEN C F GRENADA:
Mr Oswald Moxley GIBBS, CMG,
High Commissioner of Grenada to the United Kingdom;
THE PRESIDENT OF THE REPUBLIC OF GUINEA:
Captain Fode Momo CAMARA,
Minister for International Co-operation;
THE PRESIDENT OF THE COUNCIL OF STATE OF GUINEA-BISSAU:
Mr Bartolomeu Simoes PEREIRA,
Minister for Economic Co-ordination, Planning and International Co-operation;
THE PRESIDENT OF THE REPUBLIC OF EQUATORIAL
GUINEA:
Mr Fortunato NZAMBI MACHINDE.
Minister for Industry. Trade and Industrial Promotion;
THE PRESIDENT OF THE COOPERATIVE REPUBLIC OF GUYANA:
Mr Harold SAHADEO.
Ambassador Extraordinary and Plenipotentiary.
Head of the Mission of Guyana to the European Communities:
THE HEAD OF STATE OF JAMAICA:
Mr E. Frank FRANCIS, Permanent Secretary, Ministry for Foreign Affairs;
THE PRESIDENT OF THE REPUBLIC OF KENYA:
The Honourable E. MWANGALE Minister for Foreign Affairs;
THE PRESIDENT OF THE REPUBLIC OF KIRIBATI:
The Rt Honourable Timothy RAISON, M.P., Minister of State for Foreign and Commonwealth Af fairs, Minister for Overseas Development, of the United Kingdom of Great Britain and Northern Ireland;
HIS MAJESTY THE KING OF THE KINGDOM OF LESOTHO:
The Honourable Dr K.T. MAPHATHE. Minister of Transport and Communications;
THE PRESIDENT OF THE REPUBLIC OF LIBERIA:
The Honourable Emmanuel O. GARDINER. Minister of Planning and Economic Affairs;
THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF MADAGASCAR:
Mr Georges Yvan SOLOFOSON, Minister for Trade;
THE PRESIDENT OF THE REPUBLIC OF MALAWI:
Mr E. C. Katola PHIRI, Minister of Trade, Industry and Tourism;
THE PRESIDENT OF THE REPUBLIC OF MALI:
Maitre Alioune Bondin BEYE. Minister for Foreign Affairs and International Co-operation:
THE CHAIRMAN OF THE MILITARY COMMITTEE FOR NATIONAL SAFETY, HEAD OF STATE OF THE ISLAMIC REPUBLIC OF MAURITANIA:
Lieutenant Colonel Ahmed OULD MINNIH. Member of the Military Committee for National Safety, Minister for Foreign Affairs and Co-operation:
HER MAJESTY THE QUEEN OF MAURITIUS:
The Honourable Nunkeswarsingh DEERPALSINGH. Minister for Agriculture, Fisheries and Natural Resources
THE PRESIDENT OF THE PEOPLE'S REPUBLIC OF MOZAMBIQUE:
Rei Baltazar dos SANTOS ALVES. Minister for Financial Affairs:
THE PRESIDENT OF THE SUPREME MILITARY COUNCIL. HEAD OF STATE OF NIGER:
Mr Almoustapha SOUMALIA. Minister responsible to the Prime Minister for Planning;
THE HEAD OF THE FEDERAL MILITARY GOVERNMENT OF NIGERIA:
Mr Job IROHA, Ambassador Extraordinary and Plenipotentiary.
THE PRESIDENT OF THE REPUBLIC OF UGANDA:
The Honourable Henry Milton MAKMOT. Deputy Minister of Finance.
HER MAJESTY THE QUEEN OF PAPUA NEW GUINEA:
The Honourable Rabbie L. NAMALIU CMG M.P. Minister for Foreign Affairs and Trade;
THE PRESIDENT OF THE RWANDESE REPUBLIC:
Mr Ambroise MULINDANGABO Minister for Planning,
HER MAJESTY THE QUEEN OF ST CHRISTOPHER AND NEVIS
Dr Claudius C. THOMAS, CMG,
Ambassador Extraordinary and Plenipotentiary, Head of the Mission of Saint Lucia to the European Communities;
HER MAJESTY THE QUEEN OF SAINT LUCIA:
Dr Claudius C. THOMAS, C.G. Ambassador Extraordinary and Plenipotentiary,
Head of the Mission of Saint Lucia to the European Communities;
HER MAJESTY THE QUEEN OF SAINT VINCENT AND THE GRENADINES:
Dr Claudius C. THOMAS, CMG, Ambassador for Extraordinary and Plenipotentiary Head of the Mission of Saint Lucia to the European Communities;
THE HEAD OF STATE OF WESTERN SAMOA:
The Honourable Tuilaepa SAILELE Minister of Financial Affairs;
THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF SAO TOME AND PRINCIPE:
Dr Carlos Alberto TINY, Minister for Co-operation;
THE PRESIDENT OF THE REPUBLIC OF SENEGAL:
Mr Abdourahmane TOURE, Minister for Trade;
THE PRESIDENT OF THE REPUBLIC OF SEYCHELLES:
Mr Calyxte D'OFFAY, Ambassador Extra ordinary and Plenipotentiary, Director for External Relations;
THE PRESIDENT OF THE REPUBLIC OF SIERRA LEONE:
The Honourable Salia JUSU-SHERIFF, M.P. Minister of Development and Economic Planning;
HER MAJESTY THE QUEEN OF THE SOLOMON ISLANDS:
The Rt Honourable Timothy RAISON, M.P. Minister of State for Foreign and Commonwealth Affairs, Minister for Overseas Development, of the Unite Id Kingdom of Great Britain and Northern Ireland;
THE PRESIDENT OF THE SOMALI DEMOCRATIC REPUBLIC:
Mr Mohamed Omar GIAMA,
Ambassador Extraordinary and Plenipotentiary, Representative of the Somali Democratic Republic to the European Communities;
THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF THE SUDAN:
Mr MOHAMED EL HASSAN AHMED EL HAG,
Minister of the Presidency for Secretariat General Affairs;
THE PRESIDENT OF THE REPUBLIC OF SURINAME;
Mr Imro E. FONG POEN,
Minister of Transport, Trade and Industry;
HER MAJESTY THE QUEEN REGENT OF TH DOM OF SWAZILAND:
The Honourable Mr Mhambi M. MNISI, Minister of Foreign Affairs;
THE PRESIDENT OF THE UNITED REPUBLIC OF TANZANIA:
The Honourable Professor Kighoma A. MALI Minister for Planning and Economic Affairs:
THE PRESIDENT OF THE REPUBLIC OF CHAI,
Mr Amos REOIJLENGAR,
State Secretary, Economic Affairs and Trade;
THE PRESIDENT OF THE TOGOLESE REPUBLIC
Mr Yaovi ADODO Minister for Planning and Industry;
HIS MAJESTY KING TAUFA'AHAU TUPOU IV TONGA:
His Royal Highness Crown Prince TUPOUTO'A Minister for Foreign Affairs and Defence;
THE PRESIDENT OF THE REPUBLIC OF TR AND TOBAGO:
The Honourable Desmond CARTEY,
Minister of Industry, Commerce and Consumer affairs:
HER MAJESTY THE QUEEN OF TUVALU:
Mr J. D. V. CAVALEVU,
Ambassador Extraordinary and Plenipotentiary Head of the Mission of Fiji to the European Communities;
THE GOVERNMENT OF THE REPUBLIC OF VANUATU:
The Honourable Sela MOLISA, M.P.
Minister for Foreign Affairs and Trade THE PRESIDENT OF THE REPUBLIC OF ZAIRE:
Mr TSHIBWABWA ASHILA PASHI
Ambassador Extraordinary and Plenipotentiarv. Member of the Central Committee;
THE PRESIDENT OF THE REPUBLIC OF ZAMBIA:
The Honourable Leonard S. SUBULWA. M.P. Minister of Commerce and Industry;
THE PRESIDENT OF THE REPUBLIC OF ZIMBABWE:
The Honourable R. C. HOVE, Minister of Trade and Commerce;
WHO having exchanged their full powers, found in good and due form,
HAVE AGREED AS FOLLOWS:
CHAPTER 1
Objectives and principles of co-operation
Article 1
The Community and its Member States, of the one part, and the ACP States, of the other part (hereinafter referred to as the Contracting Parties), hereby conclude this co-operation Convention in order to promote and expedite the economic, cultural and social dovelopment of the ACP States and to consolidate and diversify their relations in a spirit of solidarity and mutual interest.
The Contracting Parties thereby affirm their undertaking to continue, strength and render more effective the system c co-operation established under the first and second ACP-EEC Conventions and confirm the special character of their relations, based on their reciprocal interest, and the specific nature of technical co-operation.
The Contracting Parties hereby express their resolve to intensify their effort to create, with a view to a more just and balanced international economic order, a model for relation between developed and developing states and to work together to affirm in the international context the principles underlying their co-operation.
Article 2
ACP-EEC co-cooperation, underpinned by a legally binding system and the existence of joint institutions, shall be exercised on the basis of the following fundamental principles:
- equality between partners. respect for their sovereignty mutual interest and interdependence:
- the right of each State to determine its own political, social, cultural and economic policy options;
- security of their relations based on the 'acquis' of their system of co-operation.
Article 3
The ACP States shall determine the development principles. strategies and models for their economies and societies in all sovereignty.
Article 4
Support shall be in ACP-EEC co-operation for the ACP States' own efforts to achieve more self-reliant and selfsustained development based on their cultural and social values, their human capacities, their natural resources and their economic potential in order to promote the ACP States' social and economic progress and the well-being of their population through the satisfaction of their basic needs, the recognition of the role of women and the enhancement of people's capacities with respect for their dignity.
Article 5
With a view to attaining more balanced and more selfreliant economic Development in the ACP States, special efforts shall be made under this Convention to promote rural development food security for the people and the revival and strengthening of agricultural production potential in the ACP States.
Article 6
In order to strengthen the ACP States collective reliance this Convention shall constitute support efforts to organize themselves into regional grouping step up their co-operation at regional and inter-regional. In this context of co-operation, special attention paid to the implementation of operations which are partly suited to the regional dimension and require an effort.
Article 7
The Contracting Parties acknowledge the need to accord special treatment to the least-developed ACP States and account of the specific difficulties confronting the landlocked and island ACP States. They shall pay special attention improving the living conditions of the poorest section of the population.
Co-operation shall comprise, inter alia, special treatment when determining the volume of financial resource; conditions attached thereto in order to enable the least-developed ACP States to overcome structural and other obstacles of their development.
For the landlocked and island ACP States. co-operation shall be aimed at devising and encouraging specific operation deal with development problems caused by their geographical situations.
Article 8
In order to step up the effectiveness of the instruments of this Convention, the Contracting Parties shall adopt, in the framework of their respective responsibilities, guidelines priorities and measures conducive to attaining the objective set out in this Convention and to the implementation of and technical assistance and the other co-operation meets in a co-ordinated manner
With this in mind, they agree to pursue the dialogue, within the joint institutions, to seek ways and means, rendering those instruments ever more effective.
Article 9
Within the scope of their respective responsibilities, the institutions
of this Convention shall examine periodic results of the application thereof.
provide any necessary
impetus and take any relevant decision or measure for the attainment
of its objectives.
Any question that might directly hamper the effective attainment of
the objectives of this Convention may be raise context of the institutions.
Consultations shall take place within the Council of Ministers at the
request of either Contracting party in cases providedfor in this Convention
or where difficulties arise with the application or interpretation thereof.
Where the Community intends in the exercise of its to take a measure
which might affect the interests of ACP States as far as this Convention's
objectives are concerned it shall inform the said States of its intentions.
Where necessary, the exchange of information may also take place on the
initiative of the ACP States. At their request, consultations held in good
time so that account may be taken of their concerns before any final decision.
CHAPTER 2
Objectives and guidelines of the Convention in the main areas of co-operation
Article 10
Co-operation shall be aimed at supporting development in the ACP States, a process centred on man himself and rooted in each people's culture. It shall back up the policies and mea sores adopted by those States to enhance their human re sources, increase their own creative capacities and promote their cultural identities. Co-operation shall also encourage participation by the population in the design and execution of development operations.
Account shall be taken, in the various fields of co-operation and at all the different stages of the operations executed, of the cultural dimension and social implications of such operations.
Article 11
In the framework of efforts to protect the environment and restore natural balances, co-operation shall contribute in particular towards the control of drought and desertification ant the implementation of other campaigns to that end.
Article 12
Agricultural co-operation shall be aimed at the pursuit of food self-sufficiency and food security in the ACP States, developing and organising their productive systems, improving the living standards and conditions and the life styles of the rural population and achieving the balanced development of rural areas.
Operations in this held shall be designed and executed to Support the agricultural and food policies or strategies adopted by the ACP States.
Article 13
Co-operation in the fields of mining and energy shall be directed at promoting and expediting in the mutual interest, diversified economic development, deriving full benefit from the ACP States' human potential and natural resources, and fostering better integration of these and other sectors and their complementarity with the rest of the economy.
Co-operation shall be aimed at creating and consolidating the cultural, social and economic environment and the infrastructure required to achieve that objective.
Support shall be provided for the ACP States' efforts to devise and implement energy policies suited to their situation, notably the gradual reduction of the dependence of the major of them on imported petroleum products and the development of new and renewable sources of energy.
Co-operation shall be aimed at encouraging improved exploitation of energy and mining resources by taking account of the energy component in development it of the different economic and social sectors and thus behold to improve living conditions and the environment, leading to the better conservation of biomass resources, particularly fuelwood.
Article 14
The Contracting Parties, acknowledging the crucial role of industry as a driving force in economic and social development, are determined to ensure a balanced. self-reliant development in the ACP States based on those States' own priorities. They agree to foster industrial development in the ACP States with a view to strengthening those States' efforts to promote their collective self-reliance and increase their share of world trade
Article 15
The aim of co-operation in fisheries shall be to help the ACP States to develop their fishery resources in order to expand production for domestic consumption as part of their efforts to achieve increased food security and increase production for export. Such co-operation shall be designed to serve the mutual interests of the Parties, in accordance with their fishery policies.
CHAPTER 3
Principles governing the instruments of co-operation
Article 16
In order to contribute towards achieving the aims of this Convention. the Contracting Parties shall deploy co-operation instruments that correspond to the principles of solidarity and mutual interest, adapted to the economic, cultural and social situation in the ACP States and in the Community and to developments in their international environment.
These instruments shall be directed mainly. by strengthening the established mechanisms and systems, at:
- increasing trade between the Parties;
- supporting the ACP States' efforts to achieve self-reliant development by stepping up their capacity to innovate and to adapt and transform technology;
- helping the ACP States to gain access to the capital markets and encouraging direct private European investment to contribute towards the development of the ACP States;
- remedying the instability of export earnings from the ACP States' agricultural commodities and helping those countries to cope with serious disruptions affecting their mining industries.
Article 17
In order to promote and diversify trade between the Contracting Parties, the Community and the ACP States are agreed on:
- general trade provisions;
- special arrangements for Community import of certain ACP products;
- arrangements to promote the development of the ACP States' trade and services, including tourism;
- a system of reciprocal information and consultation designed to help apply the trade co-operation provisions of this Convention effectively.
Article 18
The aim of the general trade arrangements, which are based on the Contracting Parties' international obligations, shall be to provide a firm and solid fount for trade cooperation between the ACP States and the Community.
They shall be based on the principle of free access to the Community market for products c Originating in the ACP States with special provisions for agricultural products and a safe guard clause.
In view of the ACP States' present development needs, the arrangements shall not comprise any element of reciprocity for those States as regards free access.
They shall also be based on the principle of non-discrimination by the ACP States between the Member States and the according to the Community of treatment no less favourable than the most-favoured-nation treatment.
Article 19
The Community shall contribute towards the ACP States' own development efforts by providing adequate financial resources and appropriate technical assistance aimed at stepping up those States' capacities for self-reliant and integrated economic, social and cultural develop Dent and also at helping to raise their population's standard of living and well-being.
Such contribution shall be made on predictable and regular bases. They shall be accorded on the most liberal terms possible for the Community. Particular account shall be taken of the situation of the least-developed ACP States.
Article 20
The Contracting Parties agree to facilitate greater, more stable flows of resources from the privy sector to the ACP States by taking measures to improve the access of ACP States to capital markets and to encourage European private investment in ACP States. The Contracting Parties underline the need to provide equitable and stable conditions for the treatment of such investment.
Article 21
Given the extreme dependence of the economies of the vast majority of ACP States on their exports of agricultural commodities, the Contracting Parties agree to pay particular attention to their co-operation in this sect with a view to supporting ACP government policies or strategies designed to restore and improve production and marketing conditions and local processing.
The Contracting Parties also agree to confirm the importance of the system for the stabilization of export earnings. as well as of intensifying the process of consultation between the ACP States and the Community in international forums and organisations which aim to stabilize agricultural commodity markets.
Given the role played by the mining industry in the development efforts of numerous ACP States and the ACP-EEC mutual dependence in that sector, the Contracting Parties confirm the importance of the system established to help ACP States confronted with serious disruptions in that sector to restore it to a viable state and remedy the consequences of such disruptions for their development.
CHAPTER 4
Article 22
The institutions of this Convention shall be the Council of Ministers. the Committee of Ambassadors and the Joint Assembly.
Article 23
1. The Council of Ministers shall be composed, on the one hand, of the members of the Council of the European Communities and of members of the Commission of the European Communities and, on the other hand, of the member of the government of each of the ACP States.
2. The functions of the Council of Ministers shall be to:
(a) establish the broad lines of the work to be undertaken in the context of the application of this Convention, notably it's helping to solve problems fundamental to the joint and save development of the Contracting Parties;
(b) take any political decision for the attainment of the objectives of this Convention:
(c) take decisions in the specific areas provided for in this Convention;
(d) ensure efficient performance of the consultation mechanisms provided for in this Convention:
(e) deal with problems of interpretation of this Convention:
(f) settle procedural questions and arrangements for the implementation of this Convention;
(g) examine, at the request of one of the Contracting Parties, any question directly liable to hinder or promote the effective and efficient implementation of this Convention or any other issue likely to obstruct attainment of its objectives;
(h) take all necessary measures to establish ongoing contacts between the economic and social sectors in the Communities and in the ACP States and to arrange regular consultations with their representatives on matters of mutual interest, given the importance, acknowledged by the Contracting Parties, of an establishing an effective dialogue between these sectors and securing their contribution to the co-operation and development effort.
Article 24
1. The Committee of Ambassadors shall be composed. on the one hand, of each Member State's Permanent Representative to the European Communities and one representative of the Commission and. on the other. of the head of each ACP State's mission to the European Communities.
2. The Committee of Ambassadors shall assist the Council o Ministers in the performance of its functions and shall carry out any brief given to it by the Council.
It shall monitor implementation of this Convention and progress towards achieving the objectives set therein.
Article 25
1. The Joint Assembly shall be composed of equal number of, on the one hand, members of the European Parliament or the Community side and of, on the other, members of parliament or, failing this, of representatives designated by the ACP States.
2. (a) The Joint Assembly shall be a consultative body, which shall seek, through dialogue, debate and concerted action, to:
- promote better understanding between the peoples of the Member States and the ACP States;
- promote public awareness of the interdependence of the peoples and of their interests as well as of need for solidarity in development;
elect upon all matters pertaining to ACP-EEC co-operation particularly the fundamental problems of development;
- encourage research and initiative, and formulate proposals with a view to improving and reinforcing ACP-EEC co-operation;
- urge the relevant authorities of the Contracting Parties lo implement this Convention in the most efficient manner possible so as to ensure the full attainment of its objectives.
(b) The joint Assembly shall organise regular contacts and consultations with representatives of economic and social sectors in the ACP States and in the Community in order to obtain their views on the attainment of the objectives of this Convention.
The areas of ACP-EEC co-operation
TITLE I
Agricultural rural development and conservation of natural resources
CHAPTER 1
Agricultural Co-operation and food security
Article 26
Co-operation in the agricultural and rural sector, that is arable farming, livestock production fisheries and forestry, shall he aimed, inter alia, at:
- supporting that ACP States' efforts to increase their degree of self-sufficiency in food, in particular by strengthening the capacity of the ACP States to provide their population with sufficient food and ensure a satisfactory level of nutrition:
- reinforcing food security at national, regional and interregional level;
- guaranteeing the rural population incomes that will significantly improve their standard of living:
- promoting the active participation of the rural population in their own development by organizing small farmers into associations and integrating them more effectively into national and international economic activity:
- creating satisfactory living conditions and a satisfactory life style the rural environment, notably by developing social and cultural activities;
- improving rural productivity, notably by transfers of appropriate technology and the ratio gal exploitation of plant and animal resources,
- reducing post-harvest losses;
- diversifying job-creating rural; activities and expanding activities that back up production;
- improving production by on-the-spot processing of the projects of agriculture, including live stock farming, and fisheries and forestry;
- ensuring a balance between food crops and export crops:
- developing agricultural research tailored to the natural and hogan environment of the country and the region and meeting extension service needs;
- in the context of the above objective, protecting the natural environment, particularly through specific operations to control drought and desertification.
Article 27
1. Operations to attain the objectives referred to in Article 26 shall be as varied and practical as possible, at national, regional and Inter-regional level.
2. They shall, furthermore, be designed and deployed to implement the policies and strategies , established by the ACP States and respect their priorities.
3. Support shall be provided for such policies and strategies in the context of agricultural co-operation in accordance with the provisions of this Convention;
Article 28
1. Development of production calls for increased animal and crop production and involves:
- improving farming methods for rain-fed crops while conserving soil fertility;
- developing irrigated crops, inter alia through different types of agricultural water schemes (village water engineering, regulation of watercourses and soil improvement) ensuring optimum use and thrifty management of water which can be mastered by farmers and by local communities; operations shall also consist in the rehabilitation of existing schemes:
- improving and modernising cultivation techniques and making better use of factors of production (improved varieties and breeds, agricultural equipment, fertilisers. plant treatment preparations):
- in the sphere of livestock farming, improving animal feed (more effective management of pasture, increased fodder production, more new water-points and repair of existing ones) and health. including the development of the infrastructure required for that purpose;
- better integration of at-able and livestock farming:
- in the sphere of fisheries, modernising fish-farming and developing aqua culture.
2. Other prerequisites for the development of production are:
- the extension of secondary and tertiary back-up activities for agriculture. such as the manufacture modernisation and promotion of agricultural and rural equipment and other inputs and. where necessary, their importation;
- the establishment or consolidation of agricultural credit
facilities adapted to local conditions in order to promote access to production factors for farmers;
- the encouragement of all those policies and incentives for producers which are appropriate to local conditions with a view to at-eater productivity and to improving farmers incomes.
Article 29
In order to ensure a retun1 on output, agricultural co-operation shall contribute to:
- adequate means of preservation and suitable storage facilities for producers.
- effective control of disease, pests and other factors causing production losses
- basic marketing arrangements underpinned by suitable organization of producers, with the necessary material and financial resources and by adequate means of communication,
- flexible operation of marketing channels, taking account of every form of public or private initiative, to enable local markets, areas of the country with shortfalls and urban markets to be supplied in order to cut down dependence on outside sources:
- facilities to prevent breaks in supplies (security storage) and guard against erratic price fluctuations (intervention storage);
- processing packaging and marketing of products, particularly by developing artisanal and agro-industrial units, in order to adapt them to the trend of the market.
Article 30
Rural promotion measures shall involve:
- the organization of producers within associations or communities in order to enable them to derive more benefit to joint contracts and investment and jointly owned equipment;
- the development of social and cultural activities (such as health, education and culture) essential for improving rural life styles;
- suitable extension services to train farmers;
- improving the training of instructors at all levels;
Article 31
Co-operation in agricultural research shall contribute:
- to the development, in the ACP States, of domestic an regional research capacities suited to the local natural, social and economic conditions of crop and animal production, wit special attention being paid to arid and semi-arid regions:
- in particular, to improving varieties and breeds, the nutritional quality of products and their packaging, and developing technology and processes accessible to the producers;
- to better dissemination of the results of research undertaken in an ACP, or non-ACP State and applicable in other ACP States:
- to extension work in order to inform the greatest possible number of users of the results of such research.
Article 32
Agricultural co-operation schemes shall be carried out in accordance with the detailed provisions and procedures laid down for financial and technical co-operation and in this context they may also cover the following:
1) under the heading of technical co-operation:
- exchange of in Formation between the Community and the ACP States and among the ACP States themselves (on for example, water use, intensive production techniques and the results of research);
- exchange of experience between professionals working in such areas as credit and savings, co-operatives, mutual insurance, artisanal activities and small-scale industry in rural areas;
2) under the heading of financial co-operation:
- supply of factor s of production;
- support for market regulation bodies, on the basis of a coordinated approach to production and marketing problems.
- participation in the constitution of funds for agricultural credit facilities.
- opening of credit lines for trade organizations representing farmers. artisans and small-scale industrial operators in rural areas, geared to their activities (such as supplies, primary marketing and storage), and also for associations implementing the campaigns on specific themes;
- support for measures to combine industrial and trade skills in the ACP States and the Community within artisanal or industrial units, for the manufacture of inputs and equipment and for such purposes as maintenance, packaging, storage transport and processing of products.
Article 33
1. Community measures aimed at food security States shall be conducted in the context of the food strategies or policies of the ACP States concerned and of the development objectives which they lay down. They shall be implemented. in co-ordination with the instruments of the Convention, in the framework of community policies and the measures resulting therefrom with due regard for the Community's international commitments.
2. In this context, multiannual indicative programming may be carried out with the ACP States which so wish, so that their food supplies can be better forecast.
Article 34
1. With regard to available agricultural products the Community undertakes to ensure that export refunds can be fixed further in advance for all ACP States in respect of a range of products drawn up in the light of the food req expressed by those States.
Advance fixing shall be for one year and shall be applied each year throughout the life of this Convention. understood that the level of the refund will be deter: accordance with the methods normally followed by Commission.
2. Specific agreements may be concluded with those ACP States which so request in the context of their food security policies.
Article 35
1. Food aid operations shall be decided on the basis of rules and criteria adopted by the Community for all recipients of this type of aid.
Subject to those rules and to the Community's free decision in this matter, food aid operations shall be governed by the following guidelines:
(a) except in urgent cases, Community food aid. which a transitional measure. must be integrated with the ACP States' development policies. This calls for consistency between food aid and other co-operation measures:
(b) where products supplied as food aid are sold, they must be sold at a price which will not disrupt the domestic mark resulting counterpart funds shall be used to finance the tion or running of projects or programmes with a major development component:
(c) where the products supplied are distributed free of they must form part of nutrition programmes aimed in particular at vulnerable sections of the population or be delivered as remuneration for work;
(d) food aid operations that form part of development 1 or programmes or nutrition programmes may be planned multiannual basis:
(e) as a matter of priority. the products supplied must meet the needs of the recipients. In the selection of such products account should be taken in particular of the ratio of cost to specific nutritive value and of the effect the choice might have on consumer habits:
(f) where in a recipient ACP State, the trend of the food situation is such as to make it desirable for food aid to be replaced in whole or in part by operations designed to consolidate the current trend, alternative operations may be implemented, the form of financial and technical assistance, in accordance with the relevant Community rules. These operations shall be decided upon at the request of the ACP States concerned.
Article 36
In implementing this Chapter, special attention shall be paid, at the request of the countries concerned, to:
- the specific difficulties of the least-developed ACP States in carrying out the policies or strategies they have established to strengthen their food self-sufficiency and security In this context, co-operation shall bear in particular on the productive sectors (including the supply of inputs), transport, marketing, packaging and the setting-up of storage infrastructure;
- establishing a security stock System in landlocked States in order to avoid the risk of breaks in supply;
_ diversifying agricultural commodities production and improving food security in the island States.
Article 37
1. The Technical Centre for Agricultural and Rural Co-operation shall be at the disposal of the ACP States in order to provide them with better access to information, research, training and innovations in the spheres of agricultural and rural development and extension. Within the framework of its responsibilities it shall operate in close co-operation with the institutions and bodies referred to in this Convention.
2. The tasks of the Centre shall be to:
(a) ensure, where so requested by the ACP States, the dissemination of scientific and technical information on methods and D means of encouraging agricultural production and rural development (including the planning of agricultural and rural development and the preparation, imp lamentation and evaluation of agricultural and rural development operations);
(b) refer the ACP States requests for information to the bodies qualified to deal with them, or deal direct with such requests;
(c) provide ACP national and regional documentation centres and research institutes with easier access to scientific and technical publications dealing with agricultural and rural development issues and to data banks in the Community and the ACP States;
(d) in general, help the ACP States to gain easier access to the results of work carried out by the national. regional and international bodies, more especially those qualified in the technical aspects of agricultural and rural development, based in the Community and in the ACP States and maintain contact with those bodies:
(e) foster the exchange of informal between those engaged in agricultural and rural developer on the results of field work carried out in the context of agricultural and rural development operations;
(f) sponsor and help organize meetings of specialists, research workers, planners and development personnel so that they may exchange experience gained in specific ecological environments;
(g) facilitate access by the ACP States' training and extension personnel to the information they need to carry out their tasks and refer requests for specific training to the existing qualified bodies;
(h) help facilitate the adaptation of available information to the needs of the ACP States' departments responsible for developments training and extension services.
(i) facilitate the dissemination of in formation concerning agricultural research and extension work, by reference to the priority requirements of development.
3. In the performance of its tasks the Centre shall pay particular attention to the needs of the least-developed ACP States
4. The Committee of Ambassadors shall be the supervisory authority of the Centre. It shall lay down the rules of operation and the procedures for the adoption of the Centre's budget. The budget shall be financed in accordance with the rules laid down in this Convention in respect of financial and technical co-operation.
5. (a) The Centre shall be headed by a director appointed by the Committee of Ambassadors.
(b) The director of the Centre shall be assisted by staff recruited within the limits of the numbers budgeted for by the Committee of Ambassadors.
(c) The director of the Centre shall report on its activities to the Committee of Ambassadors.
6. (a) In order to provide the director of the Centre with technical and scientific assistance in working out appropriate solutions to the problems encountered by the ACP States. notably to improve their access to information, technical innovation, research and development in the sphere of agricultural and rural development and to devise the Centre's action programmes, an advisory committee shall be set up. composed on a basis of parity of agricultural and rural development experts.
(b) The members of the advisory committee shall be appointed by the Committee of Ambassadors in accordance with the procedures and criteria determined by it.
CHAPTER 2
Drought and desertification control
Article 38
1. The ACP States and the Community recognize that the physical, economic and political existence of certain ACP States is threatened by endemic drought and growing desertification, which destroy all efforts at development, in particular those aimed at achieving the priority objective of self-sufficiency and food security.
2. The two parties agree that in a number of ACP States control of drought and desertification constitutes a pressing and imperative need for the success of any development undertaking.
3. The same will apply eventually to the States bordering the affected areas. for which this phenomenon represents a real threat to their fragile social and ecological equilibrium.
Article 39
The two parties recognize that halting the deterioration of land and forest potential, re-establishing ecological equilibria. protecting natural resources and exploiting them efficiently constitute inter alia, fundamental objectives which the ACP States concerned endeavour to attain with the support of the Community. notably in order to improve their peoples living conditions.
Article 40
1. The scale, in space and time, of the phenomenon and also of the resources to be deployed, means that the operations to be undertaken must form part of overall, long-term policies designed and applied by the ACP States at national, regional
and international level the context of international solidarity.
2. To this effect, the two parties agree to lay stress on the implementation of c. Campaigns with specific themes backed up not only by the resources of this Convention. but also by all other means of support that can be mobilized.
3. Remedying the situation of countries affected or threatened by these Cal amities, and promoting their lasting development, calls for a gem line policy to encourage the restoration of natural balances by means of better water control and a campaign against practices encouraging the appearance and development of the phenomenon of desertification
Article 41
The operations to undertaken, where necessary with research backing. shall cover. inter alia:
1) improving man's knowledge of, and ability to forecast. desertification phenomena by observing developments in the field, by making use of results achieved and gaining a better understanding of the changes to the human environment in time and space;
2) making an inventory of water-tables and of their replenishment capacity with a view to better predictability of water supplies, using surface and groundwater and improving management of these resources for the purpose of satisfying the needs of people and animals, and improving weather forecasting.
3) establishing a system for the prevention and control of bush fires and deforestation.
Article 42
If a return to the natural balance is to be expected, a "drought and desertification control" component in particular must be incorporated into all agricultural and rural development operations. such as:
1) - the extension of agro-forestry systems combining farming and forestry, research and development activities to produce plant species that are more adapted to local conditions.
- the introduction of suitable techniques aimed at increasing and maintaining the productivity of agricultural land, arable land and natural pastureland with a view to controlling the various forms of erosion.
- the reclamation of land that has deteriorated, by means of reafforestation or agricultural land improvement, combined with maintenance schemes involving, as far as possible, the people and authorities concerned in order to safeguard the progress made;
2) the encouragement of measures to economize on wood as an energy source by up research, application of. and information on, new and renewable sources of energy such as wind, solar and bio energy, and by the use of improved stoves with a grease er heat yield.
3) the development management of forestry resources by setting up, at national or regional level, forestry management plans aimed at op the exploitation of forestry resources;
4) the pursuit of on going campaigns to educate the people concerned to be aware of the phenomena of drought and desertifcation and to train them in the possible ways of controlling them.
Article 43
The Community shall provide support for the efforts deployed by the ACP States at national level and for operations undertaken by intergovernmental and non-governmental organizations in the context of' nation and intergovernmental options and priorities.
CHAPTER 3
Co-operation on agricultural commodities
Article 44
Given the extreme dependence of the economies of the majority of ACP States on their exports of agricultural modifies and the deterioration in the position of exports I the ACP States on the markets in these products. coupled the excessive fluctuations of their prices on the world ma the Contracting Parties hereby express their determination continue, reinforce and intensify their co-operation in this sector.
Article 45
To this effect. co-operation in the sector of agricultural modifies shall be planned and implemented of in support policies or strategies adopted by the ACP State and aim, inter alia, to:
- support ACP States' action designed to restore and improved involving production and marketing conditions. involving research training, investment, supply and production of inputs extension work. as well as action in fields such as credit, storage, conservation and transport:
- help diversify production with a view to reducing external dependence and ensuring better adjustment to market demands;
- encourage local processing which will create added value in economically viable conditions;
- stimulate specific action to facilitate the marketing of products;
- help train ACP operators to make better use of all the mechanisms of world commodity markets.
- stimulate and stabilize the commodities sector in the commodities of the ACP States.
- encourage a greater flow of private investment to this sector.
Article 46
In order to achieve these objectives, the Contracting parties agree to:
(a) undertake concerted action so as to facilitate the pursuit this Convention's objectives in the area of commodities;
(b) strive actively to create the conditions most conducive to the development of production and the improvement of marketing;
(c) make judicious use of all the instruments and resources this Convention which may be of help to this sector.
Article 47
In view of the importance and persistence of problem relating to agricultural commodities, the two parties agree to ensure that co-operation in these matters is subject to sustained and through monitoring. To this end, they agree to set up an agricultural Commodities Committee, the functions of which shall be to:
(a) monitor the general application of this Convention in the agricultural commodities sector;
(b) examine any general problems concerning ACP-EEC trade in commodities which may be referred to it by the relevant subcommittees established in accordance with this convention;
(c) recommend suitable measure s to solve such problems
Article 48
The Agricultural Commodities Committee, of which the rules of procedure shall be laid c town by the Council of Ministers, shall be composed of representatives of the ACP States and of the Community appointed by the Council of Ministers
In accordance with Article 272(2), its work shall be supervised by the Committee of Ambassadors. As a rule it shall meet quarterly and, should the Council of Ministers so decide in accordance with Article 270, at ministerial level
Article 49
Efforts shall be made to intensify the process of ongoing consultation between the ACP States and the Community, and in international forums and organisations which aim to stabillize agricultural commodity markets. To this end, exchanges of views may take place, at the request of either party, when it is intended to conclude or renew an international agricultural commodity agreement. The aim of such exchanges of views shall be to take account of the respective interests of each party where the conclusion or renewal of an agreement is envisaged.
TITLE II
Article 50
The ACP States and the Community recognize the urgent
need to promote the development of fishery resources of ACP e States both as a contribution towards the development of d fisheries as a whole and as a sphere of mutual interest for their in respective economic sectors.
Co-operation in this field shall promote the optimum utilization of the fishery resources of ACP States, while recognising in the rights of landlocked states to participate in the exploitation of sea fisheries and the right of coastal states to exercise jurisdiction over the living marine resources of their exclusive economic zones in conformity with current international law and notably the conclusions of the third United Nations Conference on the Law of the Sea.
Article 51
To encourage the development of the exploitation of the fishery resources of the ACP States all the mechanisms for assistance and co-operation provided for in this Convention notably financial and technical assistance in accordance with the terms set out in Title 111. Pact Three, of this Convention shall be applied to fisheries
The priority objectives of such co-operation shall be to:
- encourage the rational exploitation of the fishery resources of the ACP States and the resources of high seas in which the ACP States and the Community share interests:
- increase the contribution of fisheries to rural development by giving importance to the role they play in strengthening food security, improving nutrition and rural living standards.
- increase the contribution of fisheries to industrial development by increasing catches, output and exports.
Article 52
Assistance from the Community for fisheries development, Shall include support in the following areas:
(a) fisheries production, including the acquisition of boats, equipment and near the development if infrastructure for
rural fishing communities and the fishing industry and support for aqua culture projects, notably by providing specific lines of credit to appropriate ACP institutions for on lending to the operators concerned;
(b) fisheries management and protection, including the assessment of fish stocks and of aqua culture potential. the improvement of environmental monitoring and control and the development of ACP coastal states' capacities for the management for the fishery resources in their exclusive economic zone;
(c) processing and marketing of fishery products including the development of processing, collection, distribution and marketing facilities and operations; the reduction of post-harvest losses and the promotion of programmes to improve fish utilization and nutrition from fishery products
Article 53
Particular attention shall be paid in fishery resource development co-operation to the training of ACP nationals in all areas of fisheries, to the development and strengthening of ACP research capabilities and to the promotion of intra-ACP and regional co-operation in fisheries management and development.
Article 54
The ACP States and the Community recognise the need for direct or regional co-operation or, as appropriate. co-operation through international organizations, with a view to promoting observation and the optimum use of the living resources of the sea.
Article 55
The community and the ACP States recognize that coastal states exercise sovereign rights for the purpose of exploring, exploiting, conserving and managing the fishery resources of their respective exclusive economic zones in conformity with current international law. The ACP States recognize that there is a role for Community Member States' fishing fleets, operating lawfully in waters under ACP jurisdiction in the development of ACP fishery potential and in economic development in general in the coastal ACP States. Accordingly, the ACP States declare their willingness to negotiate with the Community fishery agreements aimed at guaranteeing mutually satisfactory conditions for fishing activities of vessels flying the flag of one of the Member States of the Community.
In the conclusion or implementation of such agreements, the ACP States shall not discriminate against the Community or among the Member States, without prejudice to special arrangements between developing states within the same geographical area, including reciprocal fishing arrangements, nor shall the Community discriminate against ACP States.
Article 56
Where ACP States situated in the same subregion as territories to which the Treaty establishing the European Economic Community (hereinafter referred to as the Treaty) applies wish to engage in fishing activities in the corresponding fishing zone, the Community and the ACP States shall open negotiations with a view concluding a fishery agreement in the spirit of Article 55, taking account of their specific situation in the region and of the objective of strengthening regional cooperation between those territories and the neighbouring ACP States.
Article 57
The Community and the ACP States recognize the value of a regional approach to fisheries access and shall support moves by ACP coastal sates towards harmonized arrangements for access for fishing vessels.
Article 58
The Community and the ACP States agree to take all appropriate steps to ensure that the efforts undertaken in fisheries
co-operation under this Convention shall be effective. ta into account notably the Joint Declaration on the origin fishery products.
As regards exports of fishery products to the markets of Community, due account shall be taken of Article 284.
Article 59
The mutually satisfactory conditions referred to in Article shall bear in particular on the nature and the scale of the compensation to be received by the ACP States concerned under bilateral agreements.
Compensation shall be additional to any allocation relating to projects in the fisheries sector pursuant to Title III,
Three, of this Convention.
Compensation shall be provided for partly by the Community as such and partly by the shipowners and shall take form of financial compensation which may include licencing fees and, where appropriate. any other elements agreed by the parties to the fishery agreement, such as obligatory landing of part of the catch. employment of ACP nationals taking on board of observers. transfer of technology, research and training grants.
Compensation shall relate to the scale and value of the landing opportunities provided in the exclusive economic con the ACP States.
In addition, with regard to the fishing of highly migratory species, the particular character of such fisheries shall be into account in the respective obligations under the agreements, including the financial compensation.
The Community shall take all necessary measures to e! that its vessels comply with the provisions of the agreements negotiated and with the laws and regulations of the ACP concerned.
TITLE III
Article 60
The Community and the ACP States, acknowledging that industrialisation is f a driving force in bringing about balanced and diversified economic and social development and creating conditions conducive to the attainment of the ACP States' collective self-reliance. agree to promote industrial development in the ACP States with a view to providing them with a framework for strengthening their share of world trade.
Article 61
The aim of industrial co-operation between the Community and the ACP States shall be, in particular, to derive full benefit from those States' human and natural resources through the modernisation of their societies, to create jobs, to generate and distribute income, to facilitate the transfer of technology and its adaptation to conditions in the ACP States and their specific needs, to foster complementarity of the different bra of industry and between industry and the rural sector in to make full use of that sector's potential, and to promote new relations of dynamic complementarity in the industrial field between the Community and the ACP States.
Account shall be taken in industrial co-operation of the need to establish and strengthen an economic, technical, social and institutional environment conducive to industrialization phases shall be placed on the development of all types of appropriate industries, training and co-operation between firms in the Member States of the Community and in the ACP States.
In pursuit of these aims. the Contracting Parties shall have recourse to, in addition to the specific provisions on industrial co-operation, those on trade, trade promotion for ACP products and private investment.
Article 62
In order to implement industrial co-operation, the community shall help carry out programmes, projects and operation submitted to it on the initiative or with the agreement of the ACP States. To this end, it shall use all the means provided in this Convention, notably those at its disposal under financial and technical co-operation and, in particular those which are the responsibility of the European Investment Bank (hereinafter referred to as the " Bank"), without prejudice to operation to assist ACP States in mobilizing finance from other sources.
Industrial co-operation programmes, projects and operations which involve Community financing shall be implemented in the conformity with Title III, Part three of this Convention, having regard to the particular characteristics of aid operations in the industrial sector.
Article 63
The Community shall assist the ACP States in the improvement of their institutional framework, reinforcement of their financing institutions, the establishment rehabilitation and improvement of industry-relate. I infrastructure and in their efforts to integrate industrial structures and regional and interregional markets.
Article 64
On the basis of a request from an ACP State, the Community shall provide the assistance required in the field of industrial training at all levels, bearing notably on the evaluation of industrial training needs and the establishment of corresponding programmes, the setting-up and operation of national or regional ACP industrial training establishments. training for ACP nationals in appropriate establishments. on the job training both in the Community and in the ACP States and also co-operation between industrial raining establishments in the Community and the ACP States, and between the latter and those of other developing countries.
Article 65
The Community shall assist in the establishment and expansion of all types of viable enterprises which have been identified the ACP States as important if terms of their development objectives.
The Community and the ACP States shall place special emphasis on the restoration, upgrading, reorganization or restructuring of existing industrial capacities which are viable but temporarily out of action or performing badly and also on the maintenance of plant and equipment and of enterprises and, for this purpose, industrial co-operation shall be focused on assistance for the start-up or rehabilitation of such enterprises and on the relevant forms of training at all levels.
Particular attention shall be paid to
- industries for the domestic processing of ACP raw materials;
- agro-industries:
- integral industries capable of creating links between the different sectors of the economy.
- industries which have a favourable effect on employment. the trade balance and regional integration.
Community financing shall take the form. as a matter of priority, of loans front the Bank on its own resources and of risk capital. these being the specific financing methods for industrial enterprises.
Article 66
The Community shall contribute in a spirit of mutual interest to the development of ACP-EEC and intra-ACP co-operation between enterprises by information and industrial promotion activities.
The aim of such activities shall be to intensify the regular exchange of information, organize the contacts required; he ah. industrial sphere between industrial policy-makers, promoters and economic operators from the Community and the ACP States. carry out studies, notably feasibility studies, facilitate the establishment and operation of ACP industrial promotion bodies and foster joint investment, subcontracting arrangements and any other form of industrial co-operation between undertakings in the Member States of the Community and in the ACP States.
Article 67
The Community shall contribute to the establishment and development of small and medium-sized enterprises in the artisanal, commercial, service and industrial sectors in view of the essential role that these enterprises play in the modern and informal sectors in building up a diversified economic fabric and in the general development of the ACP countries, and in view of the advantages they offer as regards the acquisition of skills, the integrated transfer and adaptation of appropriate technology and opportunities for taking the best advantage of local manpower. The Community can also help with sector evaluation and the establishment of action programmes. with the setting-up of appropriate infrastructure. the establishment. strengthening and operation of institutions providing information, promotion, extension. training. credit or guarantee and transfer of technology facilities.
The Community and the ACP States shall encourage cooperation and contact between small and medium-sized enterprises in the Member States and the ACP States.
Article 68
With a view to assisting the ACP States to develop their technological base and indigenous capacity for scientific and technological development and facilitating the acquisition. transfer and adaptation of technology on terms that will seek to bring about the greatest possible benefits and minimise costs. the Community, through the instruments of financial and technical co-operation, is prepared, inter alla, to contribute to:
(a) the establishment and strengthening of industry-related scientific and technical infrastructure in the ACP States;
(b) the drawing-up and implementation of research and development programmes;
(c) the identification and creation of opportunities for collaboration among research institutes, institutions of higher learning and enterprises of ACP States, the Community, the Member States and other countries,
(d) the establishment and promotion of activities aimed at the consolidation of appropriate indigenous technology and the acquisition of relevant foreign technology. in particular that of other developing countries;
(e) the identification, evaluation and acquisition of industrial technology including the negotiation on favourable terms and conditions of foreign technology, patents and other industrial property, in particular through financing or through other suitable arrangements with firms and institutions within the Community.
(f) providing ACP States with advisory services for the preparation of regulations governing the transfer of technology and for the supply of available information in particular on the terms and conditions of technology contracts, the types and sources of technology. and the experience of ACP States and other countries with the use of certain types of technology;
(g) the promotion of technology co-operation between ACP States and between them and other developing countries in order to make the best use of any particularly appropriate scientific and technical facilities they may possess;
(h) facilitating, wherever possible, access to and use of documentary and other data sources available in the Community.
Article 69
In order to enable the ACP States to obtain full benefit from the trade arrangements and other provisions of this Convention, promotion schemes shall be undertaken for the marketing of ACP States' industrial products on both Community and other external markets. and also in order to stimulate and develop trade in industrial products among the ACP States. Such schemes shall c over market research, marketing and the quality and standardisation of manufactured goods, in accordance with Articles 190 and 191 and taking into account Articles 95 and 96.
Article 70
1. A Committee on Industrial Co-operation, supervised by the Committee of Ambassadors, shall:
(a) review progress made with the overall industrial co-operation programme resulting from this Convention and, where appropriate, submit recommendations to the Committee of Ambassadors;
(b) examine problems and policy issues in the field of industrial co-operation submitted to it by the ACP States or by the Community, and make any appropriate proposals;
(c) organize, at the request of the Community or of the ACP States, a review of trends in industrial policies of the ACP States and of the Member States as well as developments in the world industrial situation with a view to exchanging information necessary for improving industrial co-operation and facilitating the industrial development of the ACP States;
(d) establish the general strategy of the Centre for the Development of Industry referred to in Article 71, appoint the director and deputy director, nominate the members of the Governing Board, appoint the two auditors, apportion. on an annual basis, the overall financial allocation provided for in Article 73(4) and examine, on the basis of the Centre's annual report, the deployment of these resources in order to assess whether the Centre's activities are in conformity with the objectives assigned to it in this Convention and report to the Committee of Ambassadors and through it, to the Council of Ministers;
(e) carry out such other duties as may be assigned to it by the Committee of Ambassadors:
2. The composition of the Committee on Industrial Co-operation and the detailed rules for its operation shall be determined by the Council of Ministers.
Article 71
The Centre for the Development of Industry shall help to establish and strong hen industrial enterprises in the ACP States, particularly by encouraging joint initiatives by economic operators of the Community and the ACP States.
As a practical operational instrument. the Centre shall assist in the identification, promotion and implementation of viable industrial projects that meet the needs of ACP States, taking special account of domestic and external market opportunities and possibilities for the processing of local raw materials making optimum use of the ACP States' endowments by of factors of production.
In its efforts to help in establishing and strengthening in' trial undertakings in the ACP States. the Centre shall a: appropriate measures within the limits of its resources and its functions in the field of transfer and development of technology, industrial training and information.
In carrying out the above tasks, the Centre shall take car operate selectively by giving priority to small and medium sized industrial enterprises and rehabilitation operations. restoring existing viable industrial capacities to full utilization It shall place special emphasis on opportunities for joint ventures and subcontracting
The Centre shall act in close co-operation with the ACP States, the Member States and also the Commission and Bank within their respective areas of responsibility. Its activity shall be subject to periodic evaluation.
Article 72
In the framework of the objectives set out in Article 71 Centre's functions shall be to:
(a) gather and disseminate all relevant information concerning trends in industrial sectors in the Community and the States;
(b) carry out studies, market research and evaluation work gather and disseminate all relevant information on the in trial co-operation situation and opportunities and notably the economic environment, the treatment which would-be investors may expect and the potential of viable industrial projects;
(c) identify industrial policy-makers promoters and economic and financial operators in the Community and ACP States and organize and facilitate contacts and meetings of all kinds between them;
(d) carry out studies and appraisals aimed at identifying practical opportunities for industrial co-operation with the community in order to promote the industrial development of ACP States, and at facilitating the implementation of appropriate schemes;
(e) supply information and also specific advisory services expertise, including feasibility studies, with a view to expecting the establishment or restoration of industrial enterprises;
(f) identify potential partners of the ACP States and the community for joint investment operations and assist in the implementation and follow-up:
(g) identify and evaluate. on the basis of needs indicate ACP States, opportunities for industrial training, chiefly the-job, to meet requirements of existing as well as projected industrial undertakings in ACP States and where appropriate assist in the implementation of appropriate schemes.
(h) identify, collect. evaluate and supply information and advice on the acquisition. adaptation and development of appropriate industrial technology relating to specific projects where appropriate, assist in the setting-up of experimental and demonstration schemes.
(i) identify, appraise, evaluate, promote and assist in the implementation of viable industrial pro sects Of the ACP States;
(j) help, in appropriate cases, to promote the marketing of manufacturers on their domestic markets and on the markets of the other ACP States and the Community in order to encourage optimum exploitation of installed or projected industrial capacity;
(k) identify and provide inform; Nation on possible sources of financing and, where necessary, assist in the mobilisation of funds from these sources for industrial projects in ACP States.
Article 73
1. The Centre shall be headed by a director assisted by a deputy director, both of whom shall be appointed by the Committee on Industrial Co-operation.
2. A joint Governing Board she
(a) advise and back up the director in providing impetus and motivation and in managing the Centre.
(b) take the following decisions:
- approve the budgets and annual accounts:
- establish multiannual and annual programmes of activities;
- approve the annual report;
- establish the organisational structures, staffing policy and establishment plan.
(c)transmit an annual report to the Committee on Industrial Co-operation.
3. The Governing Board shall be composed of persons with substantial experience in the private or public industrial and banking sectors or in industrial development planning and promotion. They shall be chosen on a personal basis on the - grounds of their qualifications from among nationals of the States party to this Convention al Id appointed by the Committee according to the procedures laid down by it. A representative of the Commission and of the Bank shall take part in the Board's proceedings. The secretariat shall be provided by the centre.
4. The Community shall contribute to the financing of the Centre's budget by means of a separate allocation of a maximum of 40 million ECU taken from the resources earmarked under Article 112 for the funding of regional co-operation projects.
5. Two auditors appointed by the Committee shall audit the financial management of the Centre.
6. The Centre's statute, financial and staff regulations and rules of procedure shall be adopted by the Council of Ministers on a proposal from the Committee of Ambassadors after the entry into force of this Convention.
Article 74
In implementing this Title. the Community shall pay special attention to the specific needs and problems of the least-developed, landlocked and island States, notably in the following areas:
- processing of raw materials;
- development, transfer and adaptation of technology,
- development and financing of schemes h1 favour of small and medium-sized industrial enterprises:
- development of industrial infrastructure and energy and mining resources;
- adequate training in the scientific and technical areas.
The Centre for the Development of industry shall pav special attention to the specific problems that arise as regards promotion of industrialisation activities of the least-developed, landlocked and island ACP States.
At the request of one or more least-developed ACP States. the Centre shall grant special assistance for identifying on the spot, examining, assessing, preparing, promoting and assisting in the implementation of industrial projects h1 the ACP State concerned.
TITLE IV
Development of mining and energy potential
Article 75
In view of the seriousness of the energy situation in the majority of the ACP States, owing partly to the crisis caused in many countries by dependence on imported petroleum products and the increasing scarcity of fuelwood, the ACP States and the Community agree to co-operate in this area with a view to finding solutions to their energy problems.
In ACP-EEC co-operation Particular emphasis shall be placed on energy programming, operations for saving and making efficient use of energy, reconnaissance of energy potential and the economically and technically appropriate promotion of new and renewable sources of energy.
Article 76
The Community and the ACP States recognize the mutual benefits of co-operation in the field of encore. Such co-operation shall promote the development of the ACP States conventional and non-conventional energy potential and their self sufficiency, and shall be directed at the following goals in particular:
(a) promoting economic development by exploiting domestic and regional energy resources:
(b) imploring living conditions in urban and suburban areas and in rural communities by taking due account of the energy component in the various co-operation measures;
(c) protecting the natural environment, notably by mitigating the impact of population pressure on biomass consumption. particularly that of fuelwood.
Article 77
In order to attain the abovementioned objectives, energy cooperation schemes may, at the request of one or more of the ACP States concerned, be focused on:
(a) collection, analysis and dissemination of relevant information;
(b) strengthening the ACP States' management and control of their energy resources in line with their development objectives in order to e enable them to appraise energy demand and supply options and to achieve strategic energy planning, inter alla by supporting energy programming and providing technical assistance for departments responsible for the planning and execution of energy policies;
(c) analysing the energy implications of development projects and programming, taking account of the energy savings required and of opportunities for primary source substitution, particularly by having recourse to new and renewable energy sources;
(d) implementing suitable programmes involving small and medium-scale energy development projects, particularly those aimed at saving and providing substitutes for fuelwood;
(e) enhancing investment potential for the exploration and development of domestic and regional energy sources as well as for the development of sites of exceptional energy production permitting the establishment of energy-intensive industry;
(f) promoting research, adaptation and dissemination of appropriate technology as well as the training needed to meet energy-related mar power needs in the energy sector;
(g) stepping up the ACP States' research and development capacities, particularly as regards the development of new and renewable sources of energy.
(h) upgrading the basic infrastructure necessary for the production, transmission, transport and distribution of energy;
(i) encouraging energy co-operation between ACP States in the energy sector, wit trout excluding operations between those States and other, neighbouring states receiving Community aid.
Article 78
The aims of co-operation in mining shall be to help develop the mining sector of the ACP States concerned so as to ensure a satisfactory return from mining operations, for the overall development of those States. The Contracting Parties stress their mutual dependence in the sector and agree to use in coordinated fashion t Convention's various means of action in this field as well as other Community instruments where appropriate.
Article 79
At the request of one or more ACP States the Community will carry out technical assistance or training activities to strengthen their scientific and technical capacity in the fields of geology and mining in order that they may derive greater benefit from available know-how and direct their exploration prospecting programmes accordingly.
Article 80
In order to facilitate the development of the mini sources of the ACP States concerned, having regard to national and external economic considerations and with a view diversification, the Community shall co-operate as appropriate, through its technical and financial assistance program with the ACP States in their prospecting and exploration efforts at all stages, both onshore and on the continents as defined in international law.
Where appropriate, the Community shall also give its technical and financial assistance to the establishment of national or regional exploration funds in ACP States.
Article 81
With the aim of supporting efforts to exploit the ACP mining resources, the Community shall contribute towards support of projects to rehabilitate, maintain, rationalize, and modernise economically viable production units in m make them more operational and more competitive.
It shall also contribute to the identification, drawing-up and implementation of new viable projects, including small medium-scale projects, to an extent compatible with investment and management capacities as well as market trending particular account of the financing of feasibility an investment studies.
It shall also support efforts of the ACP States to reinforce back-up infrastructure and assist with fitting mining operation into the social and economic fabric of the States concerned.
Article 82
In order to contribute to the objectives set out above Community shall be prepared to give its technical and financial assistance to help with the exploitation of the ACP mining and energy potential in accordance with the proc peculiar to each of the instruments at its disposal and according to the provisions of this Convention.
In the sphere of research and investment preparatory launching of energy and mining projects, the Community give assistance in the form of risk capital, possibly in conjunction with contributions of capital from the ACP State concerned and other sources of financing in accordance with the procedures laid down in Article 199.
The resources referred to in these provisions may be supplemented, for projects of mutual interest, by:
(a) other Community financial and technical resources:
(b) action aimed at the mobilization of public and capital, including co-financing.
Article 83
The Bank may, in accordance with its Statute, commit its own resources on a case-by-case basis beyond the amount fixed in Article 194 in mining and energy investment projects recognised by the ACP State concerned and by the Community as being of mutual interest.
TITLE V
Article 84
1. Co-operation in the area of transport shall be aimed at the development of road transport, rail port installations and shipping, transport by domestic waterways and air transport.
2. Co-operation in the area of communications shall be aimed at the development of post services and telecommunications, including radiocommunications.
3. Co-operation in these areas shall be directed particularly towards the following objectives:
(a) the creation of conditions fostering the movement of goods, services and persons at national, regional and international level;
(b) the provision, rehabilitation , maintenance and efficient operation of cost effective system serving the requirements of social and economic development and adjusted to the needs of users and to the overall economic situation of the States concerned;
(c) greater complementarity of transport and communications systems at national, regional and international level;
(d) the harmonization of the national systems installed in ACP , States. while facilitating their adjustment to technological progress:
(e) the reduction of barriers to frontier-crossing transport and communications, in terms of regulations and administrative procedures.
Article 85
1. In all co-operation projects and programmes in the fields concerned, efforts shall be mad e to ensure an appropriate transfer of technology and know-how.
2. Particular attention shall be given to training ACP nationals in the planning, management , maintenance and operation in the transport and communications systems.
Article 86
1. The Contracting Parties acknowledge the importance of shipping services as one of the forces behind economic development and promotion of trade between them.
2. The objective of co-operation in this field shall be to ensure harmonious development of efficient and reliable shipping services on economically satisfactory terms by facilitating the active participation of all parties according to the principles of unrestricted access to the trade, on a commercial basis.
Article 87
1. The Contracting Parties under-line the importance of the united nations Convention on a Code of Conduct for Liner Conferences and the ratification instruments thereof. which safeguard the terms of competition in maritime matters and afford, inter alia, the shipping lines of developing countries extended opportunities to participate in the Conference system.
2. Consequently, the Contracting Parties are agreed, when ratifying the Code, on taking prompt measures for its implementation at national level, in conformity with its scope and provisions The Community shall assist ACP States to apply the relevant provisions of the Code.
3. In conformity with Resolution 2 on non-Conference lines. annexed to the Code, the Contracting Parties shall not prevent non-Conference lines from operating in competition with a Conference as long as they comply with the principle of fair competition on a commercial basis.
Article 88
Attention shall be given in the context of co-operation to encouraging the efficient shipment of cargoes at economically and commercially meaningful rates and to the aspirations of ACP States for greater participation in such international shipping services. In this respect, the Community acknowledges the aspirations of the ACP States for greater participation in bulk cargo shipping. The Contracting Parties agree that competitive access to the trade shall not be impaired.
Article 89
In the framework of financial and technical assistance for shipping, special attention shall be given to technology transfer including multimodal transport and containerization. to the promotion of joint ventures and. notably through vocational training, to the setting-up of appropriate legislative and administrative infrastructure and the improvement of port management, to the development of inter-island shipping services and connecting infrastructure and to increased co-operation with economic operators.
As far as technical assistance for insurance is concerned, the procedures shall be those provided for in the framework of the development of trade and services.
Article 90
The Contracting Parties undertake to promote shipping safety, security of crews and the prevention of pollution.
Article 91
In order to ensure the effective implementation of Articles 86 to 90, consultation may take place. at the request of either Contracting Party, where necessary under the conditions provided for in the rules of procedure referred to in Article 9.
Article 92
1. In the field of co-operation on communications, particular attention shall be paid to technological development in supporting ACP States' efforts to establish and develop effective systems. This includes studies and programmes concerning satellite communication. where this is justified by operational considerations. in particular at regional and subregional level Co-operation shall also cover means of observation of the earth by satellite in the fields of meteorology and remote sensing.
2. Particular importance shall be attached to telecommunications in rural areas, in, order to stimulate their economic and social development.
Article 93
In all fields of bans port and communications. particular attention shall be given to the specific needs of landlocked and island ACP States arising from their geographic situation and also to the economic situations of least-developed AC P States.
Article 94
Co-operation activities in the transport and communication fields shall be carried out in accordance with the provisions and procedures laid down in Title 111. Part Three, of this Convention.
TITLE VI
Development of trade and services
Article 95
With a view to attaining the objectives set out in Article 129, the Contracting Parties shall implement measures for the development of trade and services at all stages up to final distribution of the product.
The object is to ensure that the ACP States derive maximum benefit from the provisions of this Convention in the fields of trade, agricultural and industrial co-operation and may participate under the most favourable conditions in the Community. domestic. regional and international markets by diversifying the range and increasing the value and volume of ACP States' trade in goods and services.
Article 96
1. In promoting the development of trade and services, including tourism, in addition to developing trade between the ACP States and the Community, particular attention shall be given to operations designed to increase the ACP States' self reliance, develop intra-ACP trade and improve regional cooperation in trade and services.
2. Operations shall be undertaken at the request of the ACP States, particularly in the following areas:
- the establishment of a coherent trade strategy;
- basic and further vocational training of personnel engaged in the fields of trade arid services:
- the establishment and strengthening of organisations in the ACP States whose task it is to develop trade and services;
- increasing contacts find exchange of information between economic operators. including participation in fairs and exhibitions;
- support for the ACP States' efforts to improve the quality of their products, adapt them to market requirements and diversify their outlets:
- support for the ACP States' efforts to improve service infrastructure, including, transport and storage facilities.
3. Participation of the least-developed, landlocked and island ACP States in the various activities to develop trade and services, including tourism. shall be encouraged by special provisions. such as the payment of travel expenses of personnel and costs of transporting articles and goods that are to be exhibited. On the occasion of their participation in fairs and exhibitions.
Article 97
Action for the development of ACP trade and services shall include specific co-operation in the field of tourism. The purpose of such co-operation shall be to support the ACP States efforts to improve services in this industry. Particular attention shall be given to the need to integrate tourism into the social cultural and economic life of the people in accordance with Articles 116 and 117.
Article 98
Provision of financial and technical co-operation, in accordance with the procedures and regulations laid down in Title 111 Part Three, of this Convention, may be applied to tourism development measures at both national and regional levels. IN addition to the main guidelines set out in Articles 95 and 96 and to the provisions for the development of small and medium-sized enterprises and artisanal activities set out in Article 67, these measures shall cover, inter alia, the following areas:
- development, rehabilitation and maintenance of tourism facilities, such as sites and monuments of national importance:
- training in specific skills in tourism planning and develop meet:
- marketing, including participation in international fairs an; exhibitions, promotion and advertising:
- research and development activities related to the development of the tourism industry:
- collection, analysis, dissemination and utilisation of quantitative and qualitative tourism data;
- intra-ACP co-operation in the field of tourism ;
Article 99
Within the framework of the instruments provided for in this Convention and in accordance with Articles 94 and 9: assistance for the development of trade and services she include technical assistance for the establishment and development of insurance and credit institutions in connection in trade development.
Article 100
In addition to the appropriations which within the frame work of the national indicative programmes referred to in Article 215. may be allocated by each ACP State to the financing operations to develop the fields referred to in Articles 95 to the contribution of the Community to the financing of such operations, where they are of a regional nature, may amount, within the framework of the regional co-operation programmes referred to in Article 112, to a sum of 60 million ECU.
TITLE VII
Article 101
The Community shall support the ACP States' efforts to pro mote collective and self-reliant social, cultural and economic development and greater regional self-sufficiency.
In order to strengthen the ACP States' collective capabilities. the Community shall provide effective aid to achieve the objectives and priorities which they have set themselves in the context of regional co-operation , including inter-regional and intra-ACP co-operation
Article 102
1. Regional co-operation shall cover operations agreed on between:
_ two or more ACP States,
_ one or more ACP States and one or more neighbouring non-ACP States, countries or territories,
_ two or more regional bodies of which the ACP States are members.
_ one or more ACP States and regional bodies of which ACP States are members.
2. Regional co-operation may also cover operations agreed upon by two or more ACP States and one or more non-ACP non neighbouring developing states, and when special circumstances so warrant between one ACP State and one or more non-ACP non-neighbouring developing states.
Article 103
In the context of regional co-operation, special attention shall be paid to:
(a) evaluation and utilization of existing and potential dynamic complementarities in all relevant sectors;
(b) maximisation of the use of ACP human resources as well as the optimum and judicious exploration, conservation, transformation and exploitation of ACP natural resources;
(c) acceleration of economic diversification and intensification of co-operation and development within and between the regions of the ACP States;
(d) promotion of food security:
(e) strengthening a network of relations among individual countries or groups of countries which have common characteristics affinities and problems in order to solve such problems;
(f) fullest use of economies of scale wherever a regional solution is more efficient than a national solution:
(g) expansion of ACP States' markets be promoting trade between ACP States and between the ACP States and neighbouring third countries;
(h) integration of the ACP States markets by liberalizing intra-ACP trade and eliminating tariff. monetary and administrative barriers;
(i) any action in support of regional integration;
Article 104
Account being taken of the objective and inherent characteristics of regional co-operation, projects and programmes undertaken in this sphere shall be governed by the arrangements and procedures established for financial and technical co-operation where they apply to that context.
Article 105
The Community shall provide financial and technical assistance to regional bodies, or for the creation of new ones where they are essential for attaining the objectives of regional co-operation.
Article 106
A regional operation is one which helps directly to solve a development problem common to two or more countries through joint schemes or co-ordinated national schemes and which meets at least one of the following criteria:
(a) because of its nature or physical characteristics. it necessarily extends beyond the frontiers of one ACP State and cannot be carried out by a single country nor be divided up into national operations to be undertaken by each state on its own account;
(b) the regional formula makes it possible to achieve significant economies of scale in relation to national operations:
(c) the operation does not satisfy criterion (a) or (b) but the accompanying costs and benefits are unequally shared out among the beneficiary countries.
Article 107
Without prejudice to Article 106. the amount of the Community contribution under regional co-operation shall in respects of operations which could be undertaken partly at national level, be determined on the basis of the following factors:
(a) the operation strengthens co-operation. between the ACP States concerned. at the level of authorities. institutions or enterprises, or through regional bodies or by removing obstacles whether in the form of regulations or financial.
(b) two or more States have entered mutual commitments in respect of an operation, notably as regards the distribution of the facilities, investment and the running thereof:
(c) the operation is the regional expression of a sectoral strategy;
Article 108
1. Requests for financing from the funds earmarked for regional co-operation shall be presented by each of the ACP States participating in a regional operation.
2. Wherever an operation of regional co-operation is such as to be of interest to other ACP States the Commission shall in agreement with the applicant states, inform the other ACP States or, if need be, all the ACP States. The ACP States interested shall then confirm whether they intend to participate.
Not with standing this procedure the Commission shall examine without delay any request for financing as long as it has been presented by at least two ACP States The financing decision shall be taker after the States consulted have communicated their intention.
3. Where a single ACP State is associated with non-ACP countries, as provide for in Article 109. its request alone shall suffice.
4. Regional co-operation bodies may present requests for the financing of one or more specific regional co-operation schemes on behalf , and with the explicit agreement, of their members that are ACP States.
5. Each request f or regional co-operation funding must include, where necessary, proposals concerning:
(a) the ownership of the goods and services to be financed as part of the operation, and the division of responsibilities for operation and maintenance.
(b) the choice of the regional authorizing officer and the State or body authorised sign the financing agreement on behalf of all the participating tiny ACP States or bodies.
Article 109
The ACP State or States or regional bodies participating in a regional operation with third countries as provided for in Article 102 may request the Community to finance that part of the operation for which they are responsible or a part in proportion to the benefits they derive from the operation.
Article 110
Where an operas on is financed by the Community through a regional co-opera ion body, the financing terms applicable to the final beneficiaries es shall be agreed between the Community and that body in agreement with the ACP State or States concerned.
Article 111
With a view to encouraging regional co-operation between them the least-developed ACP States shall be given priority in any project involving at least one ACP State in that category. while special attention shall be paid to the landlocked and island ACP States i in order to overcome the obstacles holding back their development.
Article 112
Of the financial resources earmarked in Article 194 for the social. cultural. and economic development of the ACP States, an amount of 1000 million ECU shall be reserved financing of their regional projects and programmes.
Article 113
The scope of regional co-operation shall, having reg. Article 103. include the following:
(a) agriculture and rural development, notably food self-sufficiency and food security;
(b) health programmes, including education, training, research and information related to primary health care and control of major diseases, including animal diseases,
(c) evaluation, development, exploitation and preservation of fishery and marine resources, including scientific and technical co-operation with a view to the surveillance of exclusive economic zones:
(d) preservation and improvement of the environment especially through programmes to combat desertifcation. c coastal degradation and marine pollution with a view to insuring rational and ecologically balanced development;
(e) industrialization, including the setting-up of regional undertakings including inter-regional production and marketing enterprises.
(f) exploitation of natural resources, notably the prod: and distribution of energy.
(g) transport and communications, namely, roads, railways and sea transport, inland waterways, postal services and telecommunications;
(h) development and expansion of trade;
(i) assistance for action programmes undertaken by ACP and ACP-EEC professional and business organizations with the aim of improving production and marketing of products on external markets;
(j) education and training, research, science and technology information and communication, the establishment and reinforcement of training and research institutions and technical bodies responsible for technology exchanges as well as co-operation among universities.
(k) tourism, including the establishment and strengthen, tourist promotion centres:
(1) cultural and social co-operation activities.
TITLE VIII
Cultural and social co-operation
Article 114
Co-operation shall contribute to the self-reliant development of the ACP States, a process centred on man himself and rooted in each people's culture. It shall back up the policies and measures adopted by those States to enhance their human resources. increase their own creative capacities and promote their cultural identities. It shall foster participation by the population in the process of development.
Such co-operation shall aim at promoting in the interests of dialogue, exchange and mutual enrichment early on a humid of equality a better understanding and greater solidarity between ACP and EEC governments and peoples.
Article 115
1. Cultural and social co-operation shall be expressed through:
- the taking into account of the cultural and social dimension in projects and programmes:
- operations with the purpose of enhancing human resources with a view to the judicious and optimum use of natural resources and the satisfaction of basic physical and non-material needs:
- promotion of the cultural identities of the ACP States' peoples, with a view to fostering their self advancement and stimulating their creativity.
2. Cultural and social co-operation schemes shall be undertaken in accordance with the arrangements and procedures laid down in Title III, Part Three of this Convention. They shall be governed by the priorities and objectives set in the indicative programmes or in the context of regional co-operation, depending on their inherent characteristics.
CHAPTER 1
Article 116
The design, appraisal, execution and evaluation of each project or programme shall be based on understanding of, and regard for, the cultural and social features of the milieu.
2. This involves in particular:
_ thorough knowledge of the human milieu concerned;
- evaluation of the human resources available for executing and maintaining projects:
- assessment of opportunities for participation by the population;
- study of local technology and of other appropriate forms of technology;
- provision of relevant information for all those concerned in the design and execution of operations. including technical cooperation personnel;
- provision of integrated programmes for the promotion of human resources.
Article 117
The following shall be taken into account in the appraisal of , Projects and programmes:
(a) under the heading of social aspects, the impact on:
- reinforcement of capacities and structures of self-development:
_ the status and role of women;
- contribution to the satisfaction of the basic cultural and physical needs of the population;
- employment and training;
- balance between demographic structure and other resources;
- types of social and interpersonal relationships;
- methods and forms of production and processing: (b) under the heading of cultural aspects:
- adaptation to the cultural milieu and the implications for that milieu;
- integration and enhancement of the local cultural heritage, notably value systems, way of life, modes of thought and know-how, materials and Styles;
- methods of information acquisition and transmission;
- interaction between man and his environment.
CHAPTER 2
Operations to enhance the value of human resources
Article 118
Co-operation shall contribute to enhancing the value of human resources. in the context of integrated and co-ordinated programmes, through operations covering education and training, research, science and technology, information and communications, participation of the population, the role of women and health
Article 119
1. In order to meet immediate and foreseeable education and training needs at the levels and in the sectors accorded priority under national and regional programmes. co-operation shall provide support for:
(a) setting up and expanding training and educational establishments;
(b) the ACP States' own efforts to restructure their educational establishment and systems and to update curricula methods and technology employed, in order to step up the effectiveness and cut back the cost of all types of training:
(c) drawing up an inventory of the skills and training required to achieve each ACP State's development objectives;
(d) educational and training operations proper. notably literacy programmes and programmes of non-traditional forms of training, for practical and vocational purposes;
(e) the training of instructors. educational planners and specialists in educational technology;
(f) identification of the ACP States' needs concerning relevant new technology and its acquisition;
(g) associations twinning exchanges and transfers of information and technology between universities and institutions of higher education in the ACP States and in the Community.
2. Training operations shall take the form of integrated programmes aimed at a well-defined objective either in a given sector or as part of a more general framework.
3. These operations shall. as a matter of priority. be undertaken in the recipient ACP State or region. Where necessary they may be undertaken in another ACP State or in a Member State of the Community. In the case of specialized training particularly suited to the ACP States' needs, training schemes by way of exception, be carried out in another developing country.
Article 120
1. Co-operation shall support the ACP States' efforts to acquire their own scientific and technical skills; it shall contribute towards the execution of research programmes established by the ACP States. integrated into other development operations.
2. Research programmes shall be carried out primarily in the ACP States' national or regional framework: they shall take account of the needs and living conditions of the people concerned. They shall provide support for development in priority areas and comprise the following operations as needed:
(a) the setting-up or strengthening of basic or applied research institutions;
(b) scientific and technological co-operation between the ACP States or between them and other developing countries;
(c) the promotion of local technology. and the selection of imported technology and its adaptation to the specific needs of the ACP States;
(d) improve of scientific and technical information and documentation ;
(e) disseminaton of research findings among users;
Article 121
Co-operation in the area of information shall be aimed at:
(a) increasing the ACP States' ability to contribute actively to the international flow of information and knowledge: for