Title
ACP-EEC CONVENTION OF LOMÉ
Preamble
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 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 Econ- omic Community signed at Rome on 25 March 1975 (hereinafter called the "Treaty"), whose States are hereinafter called "Member States";
and the Council of the European Communities, of the one part, and
The Head of State of the Bahamas,
The Head of State of Barbados,
The President of the Republic of Botswana,
The President of the Republic of Burundi,
The President of the United Republic of Cameroon,
The President of the Central African Republic,
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 Dahomey,
The President of the Provisional Administrative Military Council, President of the Government of Ethiopia,
Her Majesty the Queen of Fiji,
The President of the Gabonese Republic,
The President of the Republic of the Gambia,
The President of the National Redemption Council of the Republic of Ghana,
The Head of State 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 President of the Republic of Upper Volta,
The Head of State of Jamaica,
The President of the Republic of Kenya,
The King of the Kingdom of Lesotho,
The President of the Republic of Liberia,
The Preisdent of the Republic of Malawi,
The Head of State and of Government of the Malagasy Republic,
The President of the Military Council of National Liberation of Mali, Head of State, President of the Government,
Her Majesty the Queen of Mauritius,
The President of the Islamic Republic of Mauritania,
The President of the Republic of Niger,
The Head of the Federal Military Government of Nigeria,
The President of the Republic of Rwanda,
The President of the Republic of Senegal,
The President of the Republic of Sierra Leone,
The President of the Somali Democratic Republic, President of the Supreme Revolutionary Council,
The President of the Democratic Republic of the Sudan,
The King of the Kingdom of Swaziland,
The President of the United Republic of Tanzania,
The President of the Republic of Chad,
The President of the Republic of Togo,
The Head of State of Tonga,
The Head of State of Trinidad and Tobago,
The President of the Republic of Uganda,
The Head of State of Western Samoa,
The President of the Republic of Zaire,
The President of the Republic of Zambia,
whose States are hereinafter called the "ACP States",
of the other part,
HAVING REGARD te the Treaty establishing the European Economic Community;
ANXIOUS to establish, on the basis of complete equality between partners, close and continuing co-operation, in a spirit of international solidarity;
RESOLVED to intensify their efforts together for the economic development and social progress of the ACP States;
WISHING to demonstrate their common desire to maintain and develop the friendly relations existing between their countries, according to the principles of the United Nations Charter; RESOLVED to promote, having regard to their respective levels of development, trade co-operation between the ACP States and the Community and to provide a sound basis therefor in conformity with their international obligations;
CONSCIOUS of the importance of developing co-operation and trade among the ACP States;
RESOLVED to establish a new model for relations between developed and developing States, compatible with the aspirations of the international community towards a more just and more balanced economic order;
DESIROUS of safeguarding the interests of the ACP States whose economics depend to a considerable extent on the exportation of commodities;
ANXIOUS to promote the industrial development of the ACP States by wider co-operation between these States and the Member States of the Community;
HAVE DECIDED TO CONCLUDE THIS CONVENTION, and to this end have designated as their Plenipotentiaries:
HIS MAJESTY THE KING OF THE BELGIANS: Renaat VAN ELSLANDE, Minister for Foreign Affairs;
HER MAJESTY THE QUEEN OF DENMARK: Jens CHRISTENSEN, State Secretary for Foreign Affairs, Ambassador,
THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY: Hans-Jürgen WISCHNEWSKI, Minister of State for Foreign Affairs;
THE PRESIDENT OF THE FRENCH REPUBLIC: Pierre ABELIN, Minister for Co-operation;
THE PRESIDENT OF IRELAND: Garret FITZGERALD, T.D., Minister for Foreign Affairs;
THE PRESIDENT OF THE ITALIAN REPUBLIC: Francesco CATTANEI, State Secretary for Foreign Affairs;
HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG: Jean DONDELINGER, Ambassador Extraordinary and Plenipotentiary, Permanent Representative to the European Communities;
HER MAJESTY THE QUEEN OF THE NETHERLANDS: Prof. Mr L.J. BRINKHORST, State Secretary for Foreign Affairs;
HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND: The Rt. Hon. Judith HART, M.P., Minister for Overseas Development;
THE COUNCIL OF THE EUROPEAN COMMUNITIES: Garret FITZGERALD, President in office of the Council of the European Communities; Frangois-Xavier ORTOLI, President of the Commission of the European Communities; Claude CHEYSSON, Member of the Commission of the European Communities,
THE HEAD OF STATE OF THE BAHAMAS: A.R. BRAYNEN, High Commissioner for the Bahamas;
THE HEAD OF STATE OF BARBADOS: Stanley Leon TAYLOR, Permanent Representative of the Ministry of Trade, Industry and Commerce;
THE PRESIDENT OF THE REPUBLIC OF BOTSWANA: The Hon. Dr. GAOSITWE KEAGAK WA TIBE CHIEPE, Minister of Commerce and Industry;
THE PRESIDENT OF THE REPUBLIC OF BURUNDI: Gilles BIMAZUBUTE, Minister for Foreign Affairs and Co-operation;
THE PRESIDENT OF THE UNITED REPUBLIC OF CAMEROON: Maikano ABDOULAYE, Minister for Planning and Regional Development,
THE PRESIDENT OF THE CENTRAL AFRICAN REPUBLIC: Jean Paul MOKODOPO, Minister for Planning;
THE PRESIDENT OF THE PEOPLE'S REPUBLIC OF THE CONGO: Commandant Alfred RAOUL, Ambassador Extraordinary and Plenipotentiary, Representative of the Congo to the European Economic Community;
THE PRESIDENT OF THE REPUBLIC OF THE IVORY COAST: Henri KONAN BEDIE, Minister of Economic Affairs and Finance;
THE PRESIDENT OF THE REPUBLIC OF DAHOMEY: Captain André ATCHADE, Minister for Industry, Trade and Tourism;
THE PRESIDENT OF THE PROVISIONAL ADMINISTRATIVE MILITARY COUNCIL, PRESIDENT OF THE GOVERNMENT OF ETHIOPIA: Ato Gebre Kidan ALULA, Trade Representative of Ethiopia to the European Economic Community;
HER MAJESTY THE QUEEN OF FIJI: The Rt. Hon. Ratu K.T. MARA, K.B.E., Prime Minister and Minister for Foreign Affairs;
THE PRESIDENT OF THE GABONESE REPUBLIC: Emile KASSA MAPSI, Minister of State;
THE PRESIDENT OF THE REPUBLIC OF THE GAMBIA: Alhaji the Hon. IBRAHIM GARBA JAHUMPA, Minister of Finance and Trade;
THE PRESIDENT OF THE NATIONAL REDEMPTION COUNCIL OF THE REPUBLIC OF GHANA: Lieutenant Colone! FELLI, Minister Commissioner for Economic Planning;
THE HEAD OF STATE OF GRENADA: Senator Derek KNIGHT, Minister without Portfolio;
THE PRESIDENT OF THE REPUBLIC OF GUINEA: Seydou KEITA, Ambassador,
THE PRESIDENT OF THE COUNCIL OF STATE OF GUINEA BISSAU: Dr. Vasco CABRAL, State Commissioner for Economic and Financial Affairs;
THE PRESIDENT OF THE REPUBLIC OF EQUATORIAL GUINEA: Agelmasie NTUMU, State Secretary;
THE PRESIDENT OF THE COOPERATIVE REPUBLIC OF GUYANA: The Hon. S.S. RAMPHAL, S.C., M.P., Minister of Foreign Affairs and Industry;
THE PRESIDENT OF THE REPUBLIC OF UPPER VOLTA: Leonard KALMOGO, State Secretary for Planning;
THE HEAD OF STATE OF JAMAICA: Percival J. PATTERSON, Minister of Industry, Tourism and Foreign Trade;
THE PRESIDENT OF THE REPUBLIC OF KENYA: Dr. J.G. KIANO, Minister of Trade and Industry;
THE KING OF THE KINGDOM OF LESOTHO: E.R. SEKHONYANA, Minister of Finance;
THE PRESIDENT OF THE REPUBLIC OF LIBERIA: The Hon. D. Franklin NEAL, Minister of Planning and Economic Affairs;
THE PRESIDENT OF THE REPUBLIC OF MALAWI: The Hon. D.T. MATENJE, Minister of Trade, Industry and Tourism, Minister of Finance;
THE HEAD OF STATE AND OF GOVERNMENT OF THE MALAGASY REPUBLIC: Jules RAZAFIMBAHINY, Ambassador Extraordinary and Plenipotentiary, Representative to the European Economic Community;
THE PRESIDENT OF THE MILITARY COUNCIL OF NATIONAL LIBERATION OF MALI, HEAD OF STATE, PRESIDENT OF THE GOVERNMENT: Lieutenant Colonel Charles SAMBA CISSOKHO,
Minister for Foreign Affairs and Co-operation, HER MAJESTY THE QUEEN OF MAURITIUS: Sir Seewoosagur RAMGOOLAM, Prime Minister;
THE PRESIDENT OF THE ISLAMIC REPUBLIC OF MAURITANIA: Sidi Ould CHEIKH ABDALLAH, Minister for Planning and Industrial Development,
THE PRESIDENT OF THE REPUBLIC OF NIGER: Captain Moumouni DIERMAKOYE ADAMOU, Minister for Foreign Affairs and Co-operation;
THE HEAD OF THE FEDERAL MILITARY GOVERNMENT OF NIGERIA: Gabriel CHUKWUEMEKA AKWAEZE, Federal Commissioner for Trade,
THE PRESIDENT OF THE REPUBLIC OF RWANDA: NDUHUNGIREHE, Minister for Finance and Economic Affairs;
THE PRESIDENT OF THE REPUBLIC OF SENEGAL: Babacar BA, Minister for Finance and Economic Affairs;
THE PRESIDENT OF THE REPUBLIC OF SIERRA LEONE: The Hon. Francis M. MINAH, Minister for Trade and Industry;
THE PRESIDENT OF THE SOMALI DEMOCRATIC REPUBLIC, PRESIDENT OF THE SUPREME REVOLUTIONARY COUNCIL: Jaale Mohamed WARSAME ALI, Advisor to the Economic Committee of the Supreme Revolutionary Council;
THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF THE SUDAN: Sharif el KHATIM, Deputy Minister of Finance and National Economy;
THE KING OF THE KINGDOM OF SWAZILAND: The Hon. Simon SISHAYI NXUMALO, Minister of Industry and Mines;
THE PRESIDENT OF THE UNITED REPUBLIC OF TANZANIA: Daniel Narcis Mtonga MLOKA, Ambassador to the Federal Republic of Germany;
THE PRESIDENT OF THE REPUBLIC OF CHAD: Negarhodjina Adoum MOUNDARI, State Secretary for Modern Economy;
THE PRESIDENT OF THE REPUBLIC OF TOGO: Benissan TETE-TEVI, Minister for Trade and Industry;
THE HEAD OF STATE OF TONGA: His Royal Highness Prince TUPOUTOA;
THE HEAD OF STATE OF TRINIDAD AND TOBAGO: The Hon. Dr. Cuthbert JOSEPH, Minister in the Ministry of External and West Indian Affairs;
THE PRESIDENT OF THE REPUBLIC OF UGANDA: The Hon. Edward ATHIYO, Minister of Trade;
THE HEAD OF STATE OF WESTERN SAMOA: The Hon. FALESA P.S. SAILI, Minister of Finance;
THE PRESIDENT OF THE REPUBLIC OF ZAIRE: Kanyinda TSCHIMPUMPU, State Commissioner for Trade;
THE PRESIDENT OF THE REPUBLIC OF ZAMBIA:
WHO, having exchanged their full powers, found in good and due form,
HAVE AGREED AS FOLLOWS:
Body
Title 1. Trade Co-operation
Article 1.
In the field of trade co-operation, the object of this Convention is to promote trade between the Contracting Parties, taking account of their respective levels of development, and, in particular, of the need to secure additional benefits for the trade of ACP States, in order to accelerate the rate of growth of their trade and improve the conditions of access of their products to the market of the European Economic Community, (hereinafter called the "Community" so as to ensure a better balance in the trade of the Contracting Parties.
To this end the Contracting Parties shall apply Chapters 1 and 2 of this Title.
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, but the treatment applied to these products may not be more favourable than that applied by the Member States among themselves.
For the purpose of the first subparagraph the transitional provisions in force relating to the residual customs duties and charges having equivalent effect resulting from the application of Arti- cles 32 and 36 of the Act concerning the Conditions of Accession and the Adjustments to the Treaties shall have no application.
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 importation 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 importation do not provide, apart from customs duties, for the application of any other measure relating to their importation;
(ii) for products other than those referred to under (i), the Community shall take the necessary measures to ensure, as a general rule, more favourable treatment than the general treatment applicable to the same products originating in third countries to which the most-favoured-nation clause applies.
(b) These arrangements 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 ad- apt the import treatment for these products originating in the ACP States, following consultations within the Council of Ministers. In such cases, paragraph 2 (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 pro- ducts 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.
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 other than those which the Member States apply among themselves.
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).