Mr Satya Nand NANDAN, Ambassador Extraordinary and Plenipotentiary, Head of the Mission of Fiji to the European Communities;
THE PRESIDENT OF THE GABONESE REPUBLIC:
Mr Michel ANCHOUEY, Minister for Planning, Development, Regional Planning and Tourism;
THE PRESIDENT OF THE REPUBLIC OF THE GAMBIA:
Mr Mohamadu CADI CHAM, Minister of Finance and Trade;
THE PRESIDENT OF THE REPUBLIC OF GHANA:
H.E. Mr Amon NIKOI, Minister of Finance and Economic Planning;
THE HEAD OF STATE OF GRENADA:
Mr Fennis AUGUSTINE, High Commissioner for Grenada in London;
THE PRESIDENT OF THE REPUBLIC OF GUINEA:
Mr N'Faly SANGARE, Minister Delegate to the European Communities;
THE PRESIDENT OF THE COUNCIL OF STATE OF GUINEA BISSAU:
H.E. Dr Vasco CABRAL, State Commissioner for Economic Coordination and Planning;
THE PRESIDENT OF THE REPUBLIC OF EQUATORIAL GUINEA:
Lieut. Cristino Seriche MALABO BIOCO, Member of the Supreme Military Council;
THE PRESIDENT OF THE REPUBLIC OF GUYANA:
Mr Sarfuel Rudolph INSANALLY, Guyana's Permanent Representative to the European Economic Community;
THE PRESIDENT OF THE REPUBLIC OF UPPER VOLTA:
Mr Georges SANOGOH, Minister for Planning and Cooperation;
THE HEAD OF STATE OF JAMAICA:
HLE. Mr Donald RAINFORD, Ambassador Extraordinary and Plenipotentiary of Jamaica to the European Communities;
THE PRESIDENT OF THE REPUBLIC OF KENYA:
Mr Joseph MULIRO, Permanent Secretary, Ministry of Agriculture;
THE PRESIDENT OF THE REPUBLIC OF KIRIBATI:
The Honourable Douglas Richard HURD, CBE, MP, Minister of State for Foreign and Commonwealth Affairs of the United Kingdom of Great Britain and Northern Ireland;
HIS MAJESTY THE KING OF THE KINGDOM OF LESOTHO:
The Honourable Morena MAKHAOLA LEROTHOLI,
THE PRESIDENT OF THE REPUBLIC OF LIBERIA:
The Honourable D. Franklin NEAL, Minister of Planning and Economic Affairs;
THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF MADAGASCAR:
H.E. Mr Justin RARIVOSON, Minister for Economic Affairs and Trade;
THE PRESIDENT OF THE REPUBLIC OF MALAWI:
The Honourable Stott Zondwayo JERE, MP, Minister for Trade, Industry and Tourism;
THE PRESIDENT OF THE REPUBLIC OF MALI:
H.E, Mr Alioune Blondin BEYE, Minister for Foreign Affairs and International Cooperation;
THE PRESIDENT OF THE ISLAMIC REPUBLIC OF MAURITANIA:
Mr Abdellah OULD DADDAH,
Ambassador Extraordinary and Plenipotentiary, Representative of the Islamic Republic of Mauritania to the European Communities;
HER MAJESTY THE QUEEN OF MAURITIUS:
The Honourable Sir Sateam BOOLELL, Knight, Minister for Agriculture, Natural Resources and the Environment;
THE PRESIDENT OF THE REPUBLIC OF NIGER:
Mr Mai MAIGENA, Minister for Economic Affairs, Trade and Industry;
THE HEAD OF THE FEDERAL GOVERNMENT OF NIGERIA:
H.E. Mr P. Ayodele AFOLABI,
Ambassador Extraordinary and Plenipotentiary, Head of the Mission of the Federal Republic of Nigeria to the European Communities;
THE HEAD OF THE INDEPENDENT STATE OF PAPUA NEW GUINEA:
Mr Frederick Bernard Carl REIHER, Ambassador to the European Communities;
THE PRESIDENT OF THE REPUBLIC OF RWANDA:
Mr Ambroise MULINDANGABO, Minister for Planning;
THE PRESIDENT OF THE REPUBLIC OF SAINT LUCIA:
Mr George William ODLUM, Deputy Prime Minister, Minister for Foreign Affairs and Trade;
THE HEAD OF STATE OF WESTERN SAMOA:
The Honourable Filippo VAOVASAMANAIA, Minister for Finance;
THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF SAO TOME AND PRINCIPE:
Mrs Maria de AMORIM, Minister for Foreign Affairs and Cooperation;
THE PRESIDENT OF THE REPUBLIC OF SENEGAL:
Mr Ousmane SECK, Minister for Finance and Economic Affairs;
THE PRESIDENT OF THE REPUBLIC OF SEYCHELLES:
Mr Maxime FERRARI, Minister for Planning and Development;
THE PRESIDENT OF THE REPUBLIC OF SIERRA LEONE:
The Honourable Dr ILM. FOFANA, Minister for Trade and Industry;
THE PRESIDENT OF THE INDEPENDENT STATE OF SOLOMON ISLANDS:
The Honourable Douglas Richard HURD, CBE, MP, Minister of State, Ministry of Foreign and Commonwealth Affairs of the United Kingdom of Great Britain and Northern Ireland
THE PRESIDENT OF THE SOMALI DEMOCRATIC REPUBLIC, PRESIDENT OF THE SUPREME REVOLUTIONARY COUNCIL:
H.E. Mr Omar Salah AHMED, Ambassador Extraordinary and Plenipotentiary, Representative of the Somali Democratic Republic to the European Communities;
THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF THE SUDAN:
Mr IZZ EL DIN HAMID, Minister. of State in the Council of Ministers;
THE PRESIDENT OF THE REPUBLIC OF SURINAM:
Mr Ludwig C. ZUIVERLOON, Minister of Economic Affairs;
HIS MAJESTY THE KING OF THE KINGDOM OF SWAZILAND:
Mr DZABULUMJIVA H.S. NHLABATSI, Deputy Minister for Works, Power and Communications;
THE PRESIDENT OF THE UNITED REPUBLIC OF TANZANIA:
Mr Alphonce M. RULEGURA, Minister for Trade;
THE PRESIDENT OF THE REPUBLIC OF CHAD:
Mr Issaka Ramat AL HAMDOU,
Chargé d'affaires a.i. Brussels Embassy of the Republic of Chad;
THE PRESIDENT OF THE REPUBLIC OF TOGO:
Mr Koudjolou DOGO, Minister for Planning, Industrial Development and Administrative Reform;
HIS MAJESTY KING TAUFA'AHAU TUPOU IV OF TONGA:
H.R.H. Crown Prince TUPOUTO'A,
THE PRESIDENT OF THE REPUBLIC OF TRINIDAD AND TOBAGO:
H.E. Mr Eustace SEIGNORET, High Commissioner (London);
HER MAJESTY THE QUEEN OF TUVALU:
Mr Satya Nand NANDAN, Ambassador Extraordinary and Plenipotentiary, Head of the Mission of Fiji to the European Communities;
THE PRESIDENT OF THE REPUBLIC OF UGANDA:
The Honourable Ateker EJALU, Minister of Regional Cooperation;
THE PRESIDENT OF THE REPUBLIC OF ZAIRE:
Mr KIAKWAMA Kia KIZIKI,
State Commissioner for the Economy, Industry and Trade;
THE PRESIDENT OF THE REPUBLIC OF ZAMBIA:
Mr Remi CHISUPA, MP, Minister of Commerce and Industry;
WHO, having exchanged their full powers, found in good and due form,
HAVE AGREED AS FOLLOWS:
Body
Title I. TRADE COOPERATION
Article 1.
In the field of trade cooperation, the object of this Convention is to promote trade between the ACP States and the Community, taking account of their respective levels of development, and also between the ACP States themselves.
In the pursuit of this objective, particular regard will be had to the need to secure effective additional benefits for the trade of the ACP States with the Community, in order to accelerate the growth of their trade and in particular of the flow of their exports to the Community and in order to improve the conditions of access for their products to the market of the Community, so as to ensure a better balance in the trade of the Contracting Parties.
To this end the Contracting Parties shall apply the provisions of this Title and the other appropriate measures under Titles V, VI and VU.
Chapter 1. Trade Arrangements
Article 2.
1. Products originating in the ACP States shall be imported into the Community free of customs duties and charges having equivalent effect.
2. (a) Products originating in the ACP States:
- listed in Annex II to the Treaty when they come under a common organization of the market within the meaning of Article 40 of the Treaty, or
- subject, on import into the Community, to specific rules introduced as a result of the implementation of the common agricultural policy,
shall be imported into the Community notwithstanding the general arrangements applied in respect of third countries, in accordance with the following provisions:
(i) those products shall be imported free of customs duties for which Community provisions in force at the time of import do not provide, apart from customs duties, for the appplication of any other measure relating to their import;
(ii) for products other than those referred to under (i), the Community shall take the necessary measures to ensure more favourable treatment than that granted to third countries benefiting from the most-favoured-nation clause for the same products.
(b) If, during the application of this Convention, the ACP States request that new lines of agricultural production or agricultural products which are not the subject of specific arrangements upon the entry into force of this Convention should benefit from such arrangements, the Community shall examine these requests in consultation with the ACP States.
(c) The arrangements referred to in subparagraph (a) shall enter into force at the same time as this Convention and shall remain applicable for its duration.
If, however, during the application of this Convention, the Community:
- subjects one or more products to common organization of the market or to specific rules introduced as a result of the implementation of the common agricultural policy, it reserves the right to adapt the import treatment for these products originating in the ACP States, following consultations within the Council of Ministers. In such cases, the provisions of subparagraph (a) shall be applicable,
- modifies the common organization of the market in a particular product or the specific rules introduced as a result of the implementation of the common agricultural policy, it reserves the right to modify the arrangements laid down for products originating in the ACP States, following consultations within the Council of Ministers. In such cases, the Community undertakes to ensure that products originating in the ACP States continue to enjoy an advantage comparable to that previously enjoyed in relation to products originating in third countries benefiting from the most-favoured-nation clause.
(d) Where the Community envisages concluding a preferential agreement with third States it shall inform the ACP States thereof. Consultations shall take place, where the ACP States so request in order to safeguard their interests.
Article 3.
1. The Community shall not apply to imports of products originating in the ACP States any quantitative restrictions or measures having equivalent effect.
2. Paragraph 1, however, shall not prejudice the import treatment applied to the products referred to in the first indent of Article 2 (2) (a).
The Community shall inform the ACP States when residual quantitative restrictions are eliminated in respect of any of these products.
Article 4.
The provisions of this chapter shall not preclude any commitments which the Contracting Parties might have to enter into within the framework of International Community Agreements.
Consultations shall take place on this subject when Contracting Parties envisage concluding such Agreements with a view to taking into consideration the respective interests of all the Contracting Parties.
Article 5.
1. The provisions of Article 3 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals and plants; the protection of national treasures possessing artistic, historic or archeological value or the protection of industrial and commercial property.
2. Such prohibitions or restrictions shall not in any case constitute a means of arbitrary discrimination or a disguised restriction on trade generally.
3. In cases where the implementation of the measures referred to in paragraph 1 affect the interests of one or more ACP States, consultations shall be held at the request of the latter with a view to reaching a satisfactory solution.
Article 6.
The treatment applied to imports of products originating in the ACP States may not be more favourable than that applied to trade among the Member States.
Article 7.
Where new measures or measures stipulated in programmes adopted by the Community for the approximation of laws and regulations in order to facilitate the movement of goods are likely to affect the interests of one or more ACP States the Community shall, prior to adopting such measures, inform the ACP States thereof through the Council of Ministers.
In order to enable the Community to take into consideration the interests of the ACP States concerned, consultations shall be held at the request of the latter with a view to reaching a satisfactory solution.
Article 8.
1. Where existing rules or regulations of the Community adopted in order to facilitate the movement of goods affect the interests of one or more ACP States or where these interests are affected by the interpretation, application or administration of such rules or regulations, consultations shall be held at the request of the ACP States concerned with a view to reaching a satisfactory solution.
2, With a view to finding a satisfactory solution, the ACP States may also bring up within the Council of Ministers any other problems relating to the movement of goods which might result from measures taken or envisaged by the Member States.
3. The competent institutions of the Community shall to the greatest possible extent inform the Council of Ministers of such measures.
Article 9.
1. In view of their present development needs, the ACP States shall not be required for the duration of this Convention to assume in respect of imports of products originating in the Community, obligations corresponding to the commitments entered into by the Community in respect of imports of the products originating in the ACP States, under this Chapter.
2. (a) In their trade with the Community, the ACP States shall not discriminate among the Member States, and shall grant to the Community treatment no less favourable than the most-favoured-nation treatment.
(b) The most-favoured-nation treatment referred to in subparagraph (a) shall not apply in respect of trade or economic relations between ACP States or between one or more ACP States and other developing countries.
Article 10.
Unless it has already done so under the terms of the ACP-EEC Convention of Lomé, each Contracting Party shall communicate its customs tariff to the Council of Ministers within a period of three months following the entry into force of this Convention. Each Contracting Party shall also communicate any subsequent amendments to its tariff as and when they come into force.
Article 11.
1. The concept of "originating products" for the purposes of implementing this chapter, and the methods of administrative cooperation relating thereto, are defined in Protocol 1.
2. The Council of Ministers may adopt any amendment to Protocol 1.
3. Where the concept of "originating products" has not yet been defined for a given product in implementation of paragraph 1 or 2, each Contracting Party shall continue to apply its own rules.
Article 12.
1. If, as a result of applying the provisions of this Chapter, serious disturbances occur in a sector of the economy of the Community or of one or more of its Member States, or jeopardize their external financial stability, or if difficulties arise which may result in a deterioration in a sector of the economy of the Community or of a region thereof, the Community may take, or may authorize the Member State concerned to take, safeguard measures. These measures, their duration and their methods of application shall be notified immediately to the Council of Ministers.
2. The Community and its Member States undertake not to use safeguard measures or other means for protectionist purposes or to hamper structural development.
3. These safeguard measures shall be restricted to those which would least disturb trade between the Contracting Parties in implementing the objectives of the Convention and must not exceed the scope of what is strictly necessary to remedy the difficulties that have arisen.
4. Safeguard measures shall, at the time of their application, take account of the existing level of the ACP exports concerned to the Community and their potential for development.