(ii) the Channel Islands and the Isle of Man;
(iii) Anguilla, Cayman Islands, Falkland Islands, South Georgia and the South Sandwich Islands, Montserrat, Pitcairn, Saint Helena, Ascension and Tristan da Cunha, British Antarctic Territory, British Indian Ocean Territory, Turks and Caicos Islands, British Virgin Islands and Bermuda;
(b) and, on the other hand, to the territories of the SACU Member States and Mozambique.
2. References in this Agreement to "territory" shall be understood in this sense unless explicitly stated otherwise.
Article 115. Revision Clause
1. The Parties agree to review this Agreement in its entirety no later than five (5) years after its entry into force. Such review is without prejudice to instances of adjustments, reviews or revisions otherwise provided for in this Agreement, such as those contemplated under Articles 12(2), 16(8), 17(5), 18(5), 26(10), 33(3), 35(6), 65(e), 117 and Annex VII.
2. As tegards the implementation of this Agreement, either Party may make suggestions oriented towards adjusting trade-related cooperation, taking into account the experience acquired during the implementation thereof.
3. The Parties agree that this Agreement may need to be reviewed in light of further developments in international economic relations and in the light of the expiration of the Cotonou Agreement in 2020 to take into account the new ACP-EU arrangement that would replace the Cotonou Agreement.
Article 116. Amendments
1. Any Party may submit proposals for amendments to this Agreement to the Joint Council for consideration and adoption.
2. Amendments to this Agreement shall, after adoption by the Joint Council, be submitted to the Parties for ratification, acceptance or approval in accordance with their respective constitutional or internal legal requirements.
Article 117. Built-in Agenda
1. The Parties recognise the importance of continuing to work together on outstanding trade and trade-related issues to achieve the objectives of this Agreement as set out in Article 1.
2. The Parties acknowledge that there are a number of issues that require technical adjustments in the Agreement. The Parties agree that the Trade and Development Committee shall, at its first meeting, consider the timeframe for commencement and conclusion of the following issues:
(a) correction of the errors that the Parties jointly identified in the EU- SADC EPA; and
(b) updating tariff schedules in Annexes I, II and III to HS2017, including reflecting product lines which are now listed in the text of Annex I as duty-free quota-free.
3. The technical adjustments referred to in paragraph 2 of this Article shall upon adoption by the Trade and Development Committee form an integral part of the Agreement.
4. The Parties agree to undertake a review of the cumulation limitations among SACU Member States and with Mozambique. To this end, the Parties agree that the review shall commence no later than fifteen (15) months from entry into force of this Agreement with the aim to resolve those limitations. Such a review shall aim to enhance the development impact of the cumulation provisions on the SACU Member States and Mozambique through deepening integration efforts in line with the objectives of Article 1.
5. The Parties shall further consider negotiations on issues, including but not limited to the following:
(a) TRQ Management in Annexes I and I;
(b) Article 7(2)(c)(i) and (ii) of Protocol 1;
(c) Section A, Paragraph 7(c) of Annex I;
(d) the timeframe for safeguards in Article 33;
(e) the scope and volume under the automatic derogations provided for in Articles 43(10) and (11) of Protocol 1, taking into account issues including sustainable development and management of fisheries;
(f) TRQs in Annexes I and IJ;
(g) Article 26 (export taxes);
(h) treatment of vehicles with engine capacity of less than 1000 CC;
(i) cooperation with regard to TBT in terms of Chapter V of the Agreement; and
(j) treatment of EU OCTs listed in paragraphs 1 to 3 of Annex VII of Protocol 1.
6. The negotiations referred to in paragraph 5 of this Article shall commence after the entry into force of this Agreement and shall be undertaken as soon as possible.
7. The Parties agree to continue discussions on capacity building and technical assistance on SPS in accordance with Article 67, and TBT issues in accordance with Article 58.
8. This Article shall be kept under ongoing review and shall be revised as necessary by the Trade and Development Committee.
Article 118. Transitional Implementation Arrangements
1. The Parties recognise the need for transitional arrangements to ensure the smooth implementation of the provisions of this Agreement. As at the date of entry into force of this Agreement, there shall be transitional periods as specified in the paragraphs below.
2. The Parties recognise the importance of a smooth transition in relation to TBT measures, as set out in Article 53, particularly for ensuring continuity of market access.
3. The Parties note that the requirements in UK legislation relating to TBT that apply immediately before the UK leaves the European Union, will to the extent possible continue to apply in substance at the point at which the UK leaves the European Union.
4. The Parties shall notify each other of changes to existing technical regulations and conformity assessment procedures that may affect trade falling under the scope of Chapter V, in accordance with Article 55.
5. Changes in technical regulations and conformity assessment procedures of the Parties shall be developed in accordance with the relevant provisions of the WTO TBT Agreement and Chapter V of PART II of this Agreement.
6. The Parties agree to have TBT matters, including the development of a work programme on the agenda of the first meeting of the Trade and Development Committee in accordance with Article 57.
7. The Parties affirm their commitment to the rights and obligations provided for in the WTO SPS Agreement, and the relevant provisions contained in Articles 13 and 15, and those in Chapter VI of PART II of this Agreement.
8. The Parties recognise the importance of a smooth transition in relation to SPS measures, particularly for ensuring continuity of market access. The Parties note that the UK's SPS requirements that apply immediately before leaving the European Union, will to the extent possible be retained in UK law at the point that the UK leaves the European Union. The UK will notify the SACU Member States and Mozambique of changes to existing SPS import requirements that may affect trade falling under the scope of Chapter VI of PART I, in accordance with Article 63.
9. The UK shall continue to accept existing European Union model health certificates and plant protection certificates accepted by the European Union for a period of twelve (12) months from the date on which the UK leaves the European Union, which shall be extended for a further period of six (6) months by agreement of the Parties based on reasonable grounds.
10. The UK shall continue to accept establishments listed on the European Union list of establishments from which imports of specified products of animal origin are permitted prior to the date on which the UK leaves the European Union, for a period of six (6) months from the date on which the UK leaves the European Union. This period shall be extended for a further period of six (6) months by agreement of the Parties based on reasonable grounds. During that period, the UK reserves the right to take into account and act on the outcome of any decisions of the European Union in relation to such listings.
11. During the period set out in paragraph 10 of this Article, the SACU Member States and Mozambique shall within thirty (30) days inform the UK of any changes to their establishment listings that are notified to the European Union.
12. The UK agrees to have regard to the evidence relating to, and the outcome of, any decisions of the European Union made prior to the date on which the UK leaves the European Union on SPS measures applicable to, or market access for, products originating in the SACU Member States or Mozambique.
13. The Parties agree to have SPS matters, including the development of a work programme on the agenda of the first meeting of the Trade and Development Committee in accordance with Article 65.
14. The Parties agree to develop within six (6) months from the date of entry into force of this Agreement, a framework to address, amongst other issues, SPS import requirements, including pending applications with the European Union for approvals for products.
15. Origin declarations and movement certificates EUR.1, issued under the EU- SADC EPA prior to the date of entry into force of this Agreement, shall be accepted for the purposes of applying preferential treatment under this Agreement in the UK, a SACU Member State or Mozambique, as they would have been under Protocol 1 of the EU-SADC EPA for the duration of their validity.
16. The addresses of the customs authorities and specimen impressions of the stamps notified in terms of Article 36 of Protocol 1 of the EU-SADC EPA shall continue to be recognised for a period of twelve (12) months.
17. Any temporary customs duties or taxes imposed on or in connection with the exportation of products to the European Union by a SACU Member State or Mozambique in terms of Article 26 of the EU-SADC EPA that are being applied at the date of entry into force of this Agreement, shall continue to be applied to exports to the UK for the remaining period that applies to the European Union.
18. Any safeguard measure applied in accordance with Articles 34, 35, 36, 37 or 38 of the EU-SADC EPA on products originating in any of the SACU Member States, Mozambique or the UK on the day before the date on which the UK leaves the European Union, shall continue to apply on the products concerned under this Agreement for the remainder of the period and at the same level that such measure is applied to the European Union, a SACU Member State or Mozambique under the EU-SADC EPA.
19. Any extension applied under Article 34(6)(b) of the EU-SADC EPA may only be applied to a measure applied under paragraph 18 to the extent necessary to remedy or prevent the serious injury or disturbance caused by a Party to this Agreement.
20. Any safeguard measure applied by the UK, a SACU Member State, SACU or Mozambique in accordance with Articles 34, 35, 36, 37 or 38 of this Agreement can only be applied on the import of a product that has previously been subject to a measure under paragraph 18 after a period of at least one (1) year beginning upon the termination of the measure.
21. The Parties fully reserve their positions on the question of the validity of any safeguard measure taken under the EU-SADC EPA and this Article should not be seen as constituting agreement on the validity of any measures taken under the EU- SADC EPA.
22. This Article is without prejudice to any challenge under Part III of any measure taken under this Agreement.
23. Exports subject to TRQs exported under the EU-SADC EPA and cleared after entry into force of this Agreement shall be counted against the TRQs under this Agreement.
24. In regard to any decisions taken by an arbitration panel on any disputes initiated under the EU-SADC EPA before the entry into force of this Agreement, or any mutually agreed solution or compensation agreed by the parties to any such dispute, the Parties shall consult on the applicability of those decisions, mutually agreed solutions or compensation to the Parties to this Agreement.
25. The Parties commit to continuing their dialogue on transitional arrangements, and to exploring all possible modalities for providing maximum certainty on these arrangements ahead of this Agreement entering into force.
26. The Parties agree that the Trade and Development Committee will hold its first meeting as soon as possible after this Agreement enters into force in order to consider and resolve any transitional arrangements requiring attention at that point.
Article 119. Accession
1. A third state or organisation having competence for the matters covered by this Agreement may request to accede to this Agreement. If the Joint Council agrees to consider such a request, the Parties and the state or organisation requesting to accede shall conduct negotiations on the terms of accession. The Protocol of Accession shall be adopted by the Joint Council and submitted for ratification, acceptance or approval in accordance with the Parties' respective constitutional or internal legal requirements.
2. The Parties shall review the effects of such accession on this Agreement. The Joint Council may decide on any transitional or amending measures that might be necessary.
Article 120. Languages and Authentic Texts
This Agreement is drawn up in duplicate in the English and Portuguese languages, each of these texts being equally authentic. In the event of a contradiction, reference shall be made to the language in which this Agreement was negotiated.
Article 121. Annexes
The Annexes, Protocols and footnotes to this Agreement shall form an integral part of this Agreement.
Article 122. Rights and Obligations Under this Agreement
Nothing in this Agreement shall be construed as conferring rights or imposing obligations on persons, other than those created between the Parties under public international law.
Conclusion
IN WITNESS WHEREOF, the undersigned Plenipotentiaries have affixed their signatures below this Agreement.
DONE at LONDON, on the ninth day of October in the year two thousand and nineteen.
BOGOLO J. KENEWENDO For the Republic of Botswana
CHRISTIAN NKAMBULE For the Kingdom of Eswatini
RETHABILE MARUMO-MOKAEANE For the Kingdom of Lesotho
FILIPE CHIDUMO Pela Republica de Mocambique
TJEKERO TWEYA For the Republic of Namibia
EBRAHIM PATEL (Cape Town; 16 OCTOBER 2019) For the Republic of South Africa
ELIZABETH TRUSS For the United Kingdom of Great Britain and Northern Ireland