- Equatorial Guinea
- Sudan
- Ethiopia
- Swaziland
- Fiji
- Tanzania
- the Gambia
- Togo
- Grenada
- Tonga
- Guinea
- Trinidad and Tobago
- Guinea-Bissau
- Uganda
- Jamaica
- Upper Yolta
- Lesotho
- Western Samoa
- Madagascar
- Zambia
Chapter 2. Specific Provisions Concerning Sugar
Article 25.
1. Notwithstanding any other provisions of this Convention the Community undertakes for an indefinite period to purchase and im- port, at guaranteed prices, specific quantities of cane sugar, raw or white, which originate in the ACP States producing and exporting cane sugar and which those States undertake to deliver to it.
2. Protocol No 3 annexed to this Convention determines the conditions of implementation of this Article.
Title III. Industrial Co-operation
Article 26.
The Community and the ACP States, acknowledging the pressing need for the industrial development of the latter, agree to take all measures necessary to bring about effective industrial co-operation.
Industrial co-operation between the Community: and the ACP States shall have the following objectives:
(a) to promote the development and diversification of industry in the ACP States and to help bring about a better distribution of industry both within those States and between them;
(b) to promote new relations in the industrial field between the Community, its Member States and the ACP States, in particular the establishment of new industrial and trade links between the in- dustries of the Member States and those of the ACP States;
(c) to increase the links between industry and the other sectors of the economy, in particular agriculture;
(d) to facilitate the transfer of technology to the ACP States and to promote the adaptation of such technology to their specific conditions and needs, for example by expanding the capacity of the ACP States for research, for adaptation of technology and for training in industrial skills at all levels in these States;
(e) to promote the marketing of industrial products of the ACP States in foreign markets in order to increase their share of international trade in those products;
(f) to encourage the participation of nationals of ACP States, in par- ticular that of small and medium-sized industrial firms, in the in- dustrial development of those States;
(g) to encourage Community firms to participate in the industrial development of the ACP States, where those States so desire and in accordance with their economic and social objectives.
Article 27.
In order to attain the objectives set out in Article 26, the Community shall help to carry out, by all the means provided for in the Convention, programmes, projects and schemes submitted to it on the initiative or with the agreement of the ACP States in the fields of industrial infrastructures and ventures, training, technology and research, small and medium-sized firms, industrial information and promotion, and trade co-operation.
Article 28.
The Community shall contribute (o the setting up and the extension of the infrastructure necessary for industrial development, particularly in the fields of transport and communications, energy and industrial research and training.
Article 29.
The Community shall contribute to the setting up and the extension in the ACP States of industries processing raw materials and industries manufacturing finished and semi-finished products.
Article 30.
At the request of the ACP States and on the basis of the programmes submitted by the latter, the Community shall contribute to the organization and financing of the training, at all levels, of personnel of the ACP States in industries and institutions within the Community.
In addition, the Community shall contribute to the establishment and expansion of industrial training facilities in the ACP States.
Article 31.
With a view to helping the ACP States to overcome obstacles encountered by them in matters of access to and adaptation of technology, the Community is prepared in particular to:
(a) keep the ACP States better informed on technological matters and assist them in selecting the technology best adapted to their needs;
(b) facilitate their contacts and relations with firms and institutions in possession of the appropriate technological know-how;
(c) facilitate the acquisition, on favourable terms and conditions, of patents and other industrial property, in particular through financing and/or through other suitable arrangements with firms and institutions within the Community;
(d) contribute to the establishment and expansion of industrial research facilities in the ACP States with particular reference to the adaptation of available technology to the conditions and needs of those States.
Article 32.
The Community shall contribute to the establishment and development of small and medium-sized industrial firms in the ACP States through financial and technical co-operation schemes adapted to the specific needs of such firms and covering inter alia:
(a) the financing of firms,
(b) the creation of appropriate infrastructure and industrial estates,
(c) vocational and advanced training,
(d) the setting up of specialized advisory services and credit facilities.
The development of these firms shall, as far as possible, be conducive to the strengthening of the complementary relationship between small and medium-sized industrial firms and of their links with large industrial firms.
Article 33.
Industrial information and promotion schemes shalt! be carried out in order to secure and intensify regular information exchanges and the necessary contacts in the industrial field between the Community and the ACP States.
These schemes could have the following aims:
(a) to gather and disseminate all relevant information on the trends of industry and trade in the Community and on the conditions and possibilities for industrial development in the ACP States;
(b) to organize and facilitate contacts and meetings of all kinds between Community and ACP States' industrial policy-makers, promoters and firms;
(c) to carry out studies and appraisals aimed at pinpointing the practical opportunities for industrial co-operation with the Community in order to promote the industrial development of the ACP States, (d) to contribute, through appropriate technical co-operation schemes, to the setting up, launching and running of the ACP States' industrial promotion bodies.
Article 34.
In order to enable the ACP States to obtain full benefit from trade and other arrangements provided for in this Convention, trade promotion schemes shall be carried out to encourage the marketing of industrial products of ACP States both in the Community as well as in other external markets. Furthermore, programmes shall be drawn up jointly between the Community and the ACP States in order to stimulate and develop the trade of industrial products among the said States.
Article 35.
1. A Committee on Industrial Co-operation shall be established. It shall be supervised by the Committee of Ambassadors.
2. The Committee on Industrial Co-operation shall:
(a) see to the implementation of this Title;
(b) examine the problems in the field of industrial co-operation submitted to it by the ACP States and/or by the Community, and suggest appropriate solutions;
(c) guide, supervise and control the activities of the Centre for Industrial Development referred to in Article 36 and report to the Committee of Ambassadors and, through it, to the Council of Ministers;
(d) submit from time to time reports and recommendations which it considers appropriate to the Committee of Ambassadors,
(e) perform such other functions as may be assigned to it by the Committee of Ambassadors.
3. The composition of the Committee on Industrial Co-operation and the details for its operation shall be determined by the Council of Ministers.
Article 36.
A Centre for Industrial Development shall be set up. It shall have the following functions:
(a) to gather and disseminate in the Community and the ACP States all relevant information on the conditions of and opportunities for industrial co-operation;
(b) to have, at the request of the Community and the ACP States, studies carried out on the possibilities and potential for industrial development of the ACP States, bearing in mind the necessity for adaptation of technology to their needs and requirements, and to, ensure their follow-up;
(c) to organize and facilitate contacts and meetings of all kinds between Community and ACP States' industrial policy-makers, promoters, and firms and financial institutions;
(d) to provide specific industrial information and support services;
(e) help to identify, on the basis of needs indicated by ACP States, the opportunities for industrial training and applied research in the Community and in the ACP States, and to provide relevant information and recommendations.
The Centre's Statutes and rules of operation shall be adopted by the Council of Ministers on a proposal from the Committee of Ambassadors upon the entry into force of this Convention.
Article 37.
Programmes, projects or schemes undertaken in the field of industrial co-operation and involving Community financing shall be implemented in accordance with Title IV, taking into account the particular characteristics of interventions in the industrial sector.
Article 38.
1. Each ACP State shall endeavour to give as clear an indication as possible of its priority areas for industrial co-operation and the form it would like such co-operation to take. It will also take such steps as are necessary to promote effective co-operation within the framework of this Title with the Community and the Member States or with firms or nationals of Member States who comply with the development programmes and priorities of the host ACP State.
2. The Community and its Member States, for their part, shall endeavour to set up measures to attract the participation of their firms and nationals in the industrial development efforts of the ACP States concerned, and shall encourage such firms and nationals to adhere to the aspirations and development objectives of those ACP States.
Article 39.
This Title shall not prevent any ACP State or groups of ACP States from entering into specific arrangements for the development in ACP States of agricultural, mineral, energy and other specific resources with a Member State or States of the Community, provided that these arrangements are compatible with this Convention. Such arrangements must be complementary to the efforts on industrialization and must not operate to the detriment of this Title.
Title IV. Financial and Technical Co-operation
Article 40.
1. The purpose of economic, financial and technical co-operation is to correct the structural imbalances in the various sectors of the ACP States' economies. The co-operation shall relate to the execution of projects and programmes which contribute essentially to the economic and social development of the said States.
2. Such development shall consist in particular in the greater well-being of the population, improvement of the economic situation of the State, local authorities and firms, and the introduction of structures and factors whereby such improvement can be continued and extended by their own means.
3. This co-operation shall complement the efforts of the ACP States and shall be adapted to the characteristics of each of the said States.
Article 41.
1. The Council of Ministers shall examine at least once a year whether the objectives referred to in Article 40 are being attained and shall also examine the general problems resulting from the implementation of financial and technical co-operation. It shall take stock, on the basis of information gathered both by the Community and the ACP States, of action undertaken in this context by the Community and by the ACP States. This stocktaking shall also cover regional co-operation and measures in favour of the least developed ACP States.
As regards the Community, the Commission shall submit to the Council of Ministers an annual report on the management of Community financial and technical aid. This report shall be drawn up in collaboration with the European Investment Bank (hereinafter called the "Bank") for the parts of the report which concern it. It shall in particular show the position as to the commitment, implementation and utilization of the aid, broken down by type of financing and by recipient State.
The ACP States for their part shall submit to the Council of Ministers any observations, information or proposals on the problems concerning the implementation, in their respective countries, of the economic, financial and technical co-operation, and also on the general problems of this co-operation.
The work on the annual stocktaking of financial and technical co-operation shall be prepared by the experts of the Community and of the ACP States who are responsible for the implementation of that co-operation.
2. On the basis of the information submitted by the Community and the ACP States and of the examination referred to in paragraph 1, the Council of Ministers shall define the policy and guidelines of financial and technical co-operation and shall formulate resolutions on the measures to be taken by the Community and the ACP States in order to ensure that the objectives of such co-operation are attained.
Article 42.
For the duration of this Convention, the overall amount of the Community's aid shall be 3,390 million units of account. This amount comprises:
1. 3,000 million units of account from the European Development Fund (hereinafter called the "Fund"), allocated as follows:
(a) for the purposes set out in Article 40 : 2,625 million units of account, consisting of:
- 2,100 million units of account in the form of grants,
- 430 million units of account in the form of special loans,
- 95 million units of account in the form of risk capital;
(b) for the purposes set out in Title II, up to 375 million units of account, likewise from the Fund, in the form of transfers for the stabilization of export earnings.
2. For the purposes set out in Article 40, up to 390 million units of account in the form of loans from the Bank, made from its own resources on the terms and conditions provided for in its Statute, and supplemented, as a general rule, by a 3% interest rate subsidy, un- der the conditions laid down in Article 5 of Protocol No 2.
The total cost of the interest rate subsidies shall be charged against the amounts of aid provided for in 1 (a) above.
Article 43.
1. The method or methods of financing which may be contemplated for each project or programme shall be selected jointly by the Community and the ACP State or States concerned with a view to the best possible use being made of the resources available and by reference to the level of development and the economic and financial situation of the ACP State or ACP States concerned. Moreover, account shall be taken of the factors which ensure the servicing of repayable aid.
The definitive choice of methods of financing for projects and programmes shall be made only at an appropriate stage in the appraisal of such projects and programmes.
2. Account shall also be taken of the nature of the project or programme, of its prospects of economic and financial profitability and of its economic and social impact.
In particular, productive capital projects in the industrial, tourism and mining sectors shall be given priority financing by means of loans from the Bank and risk capital.
Article 44.
1. Where appropriate, a number of methods may be combined for financing a project or programme.
2. With the agreement of the ACP State or ACP States concerned, financial aid from the Community may take the form of co-financing with participation by, in particular, credit and development agencies and institutions, firms, Member States, ACP States, third countries or international finance organizations.
Article 45.
1. Grants and special loans may be made available to or through the ACP State concerned.
2. Where these funds are on-lent through the ACP State concerned, the terms and procedure for the on lending by the intermediate recipient to the final borrower shall be laid down between the Community and the State concerned in an intermediate financing agreement.
3. Any benefits accruing to the intermediate recipient, either because that recipient receives a grant or a loan for which the interest rate or the repayment period is more favourable than that of the final loan, shall be employed by the intermediate recipient for the purposes and on the terms set out in the intermediate financing agreement.
Article 46.
1. The financing of projects and programmes comprises the means required for their execution, such as:
- capital projects in the fields of rural development, industrialization, energy, mining, tourism, and economic and social infrastructure;
- schemes to improve the structure of agricultural production;
- technical co-operation schemes, in particular in the fields of training and technological adaptation or innovation;
- industrial information and promotion schemes;
- marketing and sales promotion schemes;
- specific schemes to help small and medium-sized national firms;
- microprojects for grassroots development, in particular in rural areas.
2. Financial and technical co-operation shall not cover current administrative, maintenance and operating expenses.
3. Financial aid may cover import costs and local expenditure required for the execution of projects and programmes.
Article 47.
1. In the implementation of financial and technical co-operation, the Community shall provide effective assistance for attaining the objectives which the ACP States set themselves in the context of regional and interregional co-operation. This assistance shall aim to:
(a) accelerate economic co-operation and development both within and between the regions of the ACP States;
(b) accelerate diversification of the economies of the ACP States;
(c) reduce the economic dependence of the ACP States on imports by maximizing output of those products for which the ACP States in question have real potential,
(d) create sufficiently wide markets within the ACP States and neighbouring States by removing the obstacles which hinder the development and integration of those markets in order to promote trade between the ACP States;
(e) maximize the use of resources and services in the ACP States.
2. To this end approximately 10% of the total financial resources provided for in Article 42 for the economic and social development of the ACP States shall be reserved for financing their regional projects.
Article 48.
1. In the implementation of financial and technical co-operation, special attention shall be paid to the needs of the least developed ACP States so as to reduce the specific obstacles which impede their development and prevent them from taking full advantage of the opportunities offered by financial and technical co-operation.
2. The following ACP States shall be eligible, according to their particular needs, for the special measures established under this Article:
Botswana
Mauritania
Burundi
Niger
Central African Republic
Rwanda