The Centre for the Development of Industry shall help to establish and strengthen 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 while making optimum use of the ACP States' endowments by way of factors of production.
In its efforts to help in establishing and strengthening industrial undertakings in the ACP States, the Centre shall adopt appropriate measures within the limits of its resources and its functions, in the field of transfer and development of techno- logy, industrial training and information.
In carrying out the above tasks, the Centre shall take care to operate selectively by giving priority to small and medium-sized industrial enterprises and rehabilitation operations, and 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 the 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, the Centre's functions shall be to:
(a) gather and disseminate all relevant information concerning trends in industrial sectors in the Community and the ACP States;
(b) carry out studies, market research and evaluation work and gather and disseminate all relevant information on the industrial co-operation situation and opportunities and notably on 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 the ACP States, and at facilitating the implementation of appropriate schemes;
(e) supply information and also specific advisory services and expertise, including feasibility studies, with a view to expediting 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 indicated by ACP States, opportunities for industrial training, chiefly on-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 and, where appropriate, assist in the setting-up of experimental or demonstration schemes;
(i) identify, appraise, evaluate, promote and assist in the implementation of viable industrial projects of the ACP States;
(j) help, in appropriate cases, to promote the marketing of ACP 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 information on possible sources of financing and, where necessary, assist in the mobilization 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 shall:
(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 organizational 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 and 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 in 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 pay spe- cial attention to the specific problems that arise as regards pro- motion of industrialization 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 in 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 pro- ducts 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 energy. Such co-operation shall promote the development of the ACP Statesâ 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) improving 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 co-operation schemes may, at the request of one or more of the ACP States concerned, be focused on:
(a) collection, analysis and dissemination of relevant informa- tion;
(b) strengthening the ACP States' management and control of their energy resources in line with their development objectives in order to enable them to appraise energy demand and supply options and to achieve strategic energy planning, inter alia 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 ap- propriate technology as well as the training needed to meet energy-related manpower 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, without 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 co-ordinated fashion this 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 and prospecting programmes accordingly.
Article 80.
In order to facilitate the development of the mining resources of the ACP States concerned, having regard to national and external economic considerations and with a view to diversification, the Community shall co-operate as appropriate, through its technical and financial assistance programmes, with the ACP States in their prospecting and exploration efforts at all stages, both onshore and on the continental shelf 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 States' mining resources, the Community shall contribute towards the support of projects to rehabilitate, maintain, rationalize and modernize economically viable production units in order to make them more operational and more competitive.
It shall also contribute to the identification, drawing-up and implementation of new viable projects, including small- and medium-scale projects, to an extent compatible with investment and management capacities as well as market trends, taking particular account of the financing of feasibility and pre-investment studies.
It shall also support efforts of the ACP States to reinforce back-up infrastructure and assist with fitting mining operations into the social and economic fabric of the States concerned.
Article 82.
In order to contribute to the objectives set out above, the Community shall be prepared to give its technical and financial assistance to help with the exploitation of the ACP States' mining and energy potential in accordance with the procedures 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 to the launching of energy and mining projects, the Community may give assistance in the form of risk capital, possibly in conjunction with contributions of capital from the ACP States 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 supple- mented, for projects of mutual interest, by:
(a) other Community financial and technical resources;
(b) action aimed at the mobilization of public and private capital, including cofinancing.
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 recognized by the ACP State concerned and by the Community as being of mutual interest.
Title V. Transport and Communications
Article 84.
1. Co-operation in the area of transport shall be aimed at the development of road transport, railways, 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 postal 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 systems 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 pro- gress;
(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 made 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 of 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 principle of unrestricted access to the trade on a commercial basis.
Article 87.
1. The Contracting Parties underline 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 ship-ping 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 pro-vided 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 telecommunica- tions in rural areas, in order to stimulate their economic and social development.
Article 93.
In all fields of transport 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 ACP States.
Article 94.
Co-operation activities in the transport and communications fields shall be carried out in accordance with the provisions and procedures laid down in Title III, Part Three. of this Con- vention.
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 co-operation 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 and services;
- the establishment and strengthening of organizations in the ACP States whose task it is to develop trade and services;
- increasing contacts and 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 div- ersify 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 III, 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 development;
- marketing, including participation in international fairs and exhibitions, promotion and advertising;
- research and development activities related to the development of the tourism industry;
- collection, analysis, dissemination and utilization 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 95, assistance for the development of trade and services shall include technical assistance for the establishment and development of insurance and credit institutions in connection with trade development.
Article 100.
In addition to the appropriations which, within the framework of the national indicative programmes referred to in Article 215, may be allocated by each ACP State to the financing of operations to develop the fields referred to in Articles 95 to 99, 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. Regional Co-operation
Article 101.
The Community shall support the ACP States' efforts to promote 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: