For the landlocked and island ACP States, cooperation shall be aimed at devising and encouraging specific operations to deal with development problems caused by their geographical situations.
Article 9.
In order to step up the effectiveness of the instruments of this Convention, the Contracting Parties shall adopt, in the framework of their respective responsibilities, guidelines, priorities and measures conducive to attaining the objectives set out in this Convention and agree to pursue, in accordance with the principles set out in Article 2, the dialogue within joint institutions and in the coordinated implementation of development finance cooperation and the other cooperation instruments.
Article 10.
The Contracting Parties shall, each as far as it is concerned in the framework of this Convention, take all appropriate measures, whether general or particular, to ensure the fulfilment of the obligations arising from this Convention and to facilitate the pursuit of its objectives. They shall refrain from any measures liable to jeopardize the attainment of the objectives of this Convention.
Article 11.
Within the scope of their respective responsibilities, the institutions of this Convention shall examine periodically the results of the application thereof, provide any necessary impetus and take any relevant decision or measure for the attainment of its objectives.
Any question that might directly hamper the effective attainment of the objectives of this Convention may be raised in the context of the institutions.
Consultations shall take place within the Council of Ministers at the request of either Contracting Party in cases provided for in this Convention or where difficulties arise with the application or interpretation thereof.
Article 12.
Where the Community intends, in the exercise of its powers, to take a measure which might affect the interests of the ACP States as far as this Convention's objectives are concerned, it shall inform in good time the said States of its intentions. Towards this end, the Commission shall communicate regularly to the Secretariat of the ACP States any proposals for such measures. Where necessary, a request for information may also take place on the initiative of the ACP States.
At their request, consultations shall be held in good time so that account may be taken of their concerns as to the impact of those measures before any final decision is made.
After such consultations have taken place, the ACP States shall also be provided with adequate information on the entry into force of such decisions, in advance whenever possible.
Chapter 2. Objectives and Guidelines of the Convention In the Main Areas of Cooperation
Article 13.
Cooperation shall be aimed at supporting development in the ACP States, a process centred on man himself and rooted in each people's culture. It shall back up the policies and measures adopted by those States to enhance their human resources, increase their own creative capacities and promote their cultural identities. Cooperation shall also encourage participation by the population in the design and execution of development operations.
Account shall be taken, in the various fields of cooperation, and at all the different stages of the operations executed, of the cultural dimension and social implications of such operations and of the need for both men and women to participate and benefit on equal terms.
Article 14.
Cooperation shall entail mutual responsibility for preservation of the natural heritage. In particular, it shall attach special importance to environmental protection and the preservation and restoration of natural equilibria in the ACP States. Cooperation schemes in all areas shall therefore be designed to make the objectives of economic growth compatible with development that respects natural equilibria and brings about lasting results in the service of man.
In the framework of efforts to protect the environment and restore natural balances, cooperation shall help promote specific operations concerning the conservation of natural resources, renewable and non-renewable, the protection of ecosystems and the control of drought, desertification and deforestation; other operations on specific themes shall also be undertaken (notably locust control, the protection and utilization of water resources, the preservation of tropical forests and biological diversity, the promotion of a better balance between urban and rural areas, and the urban environment).
Article 15.
Agricultural cooperation shall be aimed at the pursuit of food self-sufficiency and food security in the ACP States, developing and organizing their productive systems, improving the living standards and conditions and the life-styles of the rural population and achieving the balanced development of rural areas.
Operations in this field shall be designed and executed to support the agricultural and food policies or strategies adopted by the ACP States.
Article 16.
Cooperation in the field of mining and energy shall be directed at promoting and expediting, in the mutual interest, diversified economic development, deriving full benefit from the ACP States' human potential: and natural resources, and at fostering better integration of these and other sectors and their complementarity with the rest of the economy.
Cooperation shall be aimed at creating and consolidating the cultural, social and economic environment and the infrastructure required to achieve that objective.
Support shall be provided for the ACP States' efforts to devise and implement energy: policies suited to their situation, notably the gradual reduction of the dependence of the majority of them on imported petroleum products and the development of new and renewable sources of energy.
Cooperation shall be aimed at encouraging improved exploitation of energy and mining resources by taking account of the energy component in the development of the different economic and social sectors and thus helping to improve living conditions and the environment, leading to the better conservation of biomass resources, particularly fuelwood.
Article 17.
The Community and the ACP States acknowledge that industrialization is a driving force complementary to agricultural and rural development in promoting the economic transformation of the ACP States in order to achieve self-sustained growth and balanced and diversified development. Industrial development is needed to enhance the productivity of the ACP economies so that they can meet basic human needs and step up the competitive participation of the ACP States in world trade by way of selling more value-added products.
Article 18.
Given the extreme dependence of the economies of the vast majority of ACP States on their export of commodities, the Contracting Parties agree to pay particular attention to their cooperation in this sector with a view to supporting ACP States' policies or strategies designed:
- on the one hand, to foster diversification, both horizontal and vertical, of the ACP economies, in particular through the development of processing, marketing, distribution and transport (PMD), and
- on the other hand, to improve the competitiveness of the ACP States' commodities on world markets through the reorganization and rationalization of their production, marketing and distribution activities.
Article 19.
The aim of cooperation in fisheries shall be to help the ACP States to develop their fishery resources in order to expand production for domestic consumption as part of their efforts to achieve increased food security and increase production for export. Such cooperation shall be designed to serve the mutual interests of the Parties, in accordance with their fishery policies.
Chapter 3. Widening Participation In Cooperation Activities
Article 20.
In accordance with Articles 2, 3 and 13 and in order to encourage all parties from the ACP States and the Community which are in a position to contribute to the autonomous development of the ACP States to put forward and implement initiatives, cooperation shall also support, within limits laid down by the ACP States concerned, development operations put forward by economic, social and cultural organizations in the framework of decentralized cooperation, in particular where they combine the efforts and resources of organizations from the ACP States and their counterparts from the Community. This form of cooperation shall be aimed in particular at making the capabilities, original operating methods and resources of such parties available to the development of the ACP States.
The parties referred to in this Article are decentralized public authorities, rural and village groupings, cooperatives, firms, trade unions, teaching and research centres, non-governmental development organizations, various associations and all groups and parties which are able and wish to make their own spontaneous and original contribution to the development of ACP States.
Article 21.
Cooperation shall encourage and support the initiatives of the ACP parties referred to in Article 20, provided they correspond with the priorities, guidelines and development methods adopted by the ACP States. In this framework, cooperation shall support either the independent activities of ACP parties or the activities of ACP parties which are combined with support from similar parties from the Community which make their capabilities, experience, technological and organizational capacities or financial resources available to them.
Cooperation shall encourage parties from the ACP States and the Community to provide supplementary financial and technical resources for the development effort. Cooperation may provide decentralized cooperation operations with financial and/or technical support drawn from the resources of the Convention under the conditions laid down in Article 22.
This form of cooperation shall be organized in accordance with the role and the prerogatives of the public authorities of the ACP States.
Article 22.
Decentralized cooperation operations may be supported through the instruments of development finance cooperation, with the approval of the ACP States concerned, preferably from the programming stage, of the principle of and the conditions for providing support for this form of cooperation. Such support shall be provided. to the extent to which it is necessary for the successful implementation of the proposed operations provided the usefulness of the latter has been recognized and in accordance with the provisions for development finance cooperation. Projects under this form of cooperation may be linked, or not, with programmes in the concentration sectors of the indicative programmes with a priority for those linked to the concentration sectors.
Chapter 4. Principles Governing the Instruments of Cooperation
Article 23.
In order to contribute towards achieving the aims of this Convention, the Contracting Parties shall deploy cooperation instruments that correspond to the principles of solidarity and mutual interest, adapted to the economic, cultural and social situation in the ACP States and in the Community and to developments in their international environment.
These instruments shall be directed mainly, by streng- thening the established mechanisms and systems, at:
- increasing trade between the Parties,
- supporting the ACP States' efforts to achieve self-reliant development by stepping up their capacity to innovate and to adapt and transform technology,
- supporting the ACP States' structural adjustment efforts and thus contributing to the attenuation of the debt burden,
- helping the ACP States to gain access to the capital markets and encouraging direct private European investment to contribute towards the development of the ACP States,
- remedying the instability of export earnings from the ACP States' agricultural commodities and helping those countries to cope with serious disruptions affecting their mining industries.
Article 24.
In order to promote and diversify trade between the Contracting Parties, the Community and the ACP States are agreed on:
- general trade provisions,
- special arrangements for Community import of certain ACP products,
- arrangements to promote the development of the ACP States' trade and services, including tourism,
- a system of reciprocal information and consultation designed to help apply the trade cooperation provisions of this Convention effectively.
Article 25.
The aim of the general trade arrangements, which are based on the Contracting Parties' international obligations, shall be to provide a firm and solid foundation for trade cooperation between the ACP States and the Community.
They shall be based on the principle of free access to the Community market for products originating in the ACP States, with special provisions for agricultural products and a safeguard clause.
In view of the ACP States' present development needs, the arrangements shall not comprise any element of reciprocity for those States as regards free access.
They shall also be based on the principle of non-discrimination by the ACP States between the Member States and the according to the Community of treatment no less favourable than the most-favoured-nation treatment.
Article 26.
The Community shall contribute towards the ACP States' own development efforts by providing adequate financial resources and appropriate technical assistance aimed at stepping up those States' capacities for self-reliant and integrated economic, social and cultural development and also at helping to raise their populations' standard of living and well-being, and promote and mobilize resources in support of sustainable, effective and growth-oriented structural adjustment programmes.
Such contributions shall be made on a more predictable and continuous basis. They shall be provided at very highly concessional terms. Particular account shall be taken of the situation of the least-developed ACP States.
Article 27.
The Contracting Parties agree to facilitate greater, more stable flows of resources from the private sector to the ACP States by taking measures to improve the access of ACP States to capital markets and to encourage European private investment in ACP States.
The Contracting Parties underline the need to promote, protect, finance and support investment and to provide equitable and stable conditions for the treatment of such investment.
Article 28.
The Contracting Parties agree to confirm the importance of the system for the stabilization of export earnings, as well as of intensifying the process of consultation between the ACP States and the Community in international fora and organizations which aim to stabilize agricultural commodity markets.
Given the role played by the mining industry in the development efforts of numerous ACP States and the ACP-EEC mutual dependence in that sector, the Contracting Parties confirm the importance of the system established to help ACP States confronted with serious disruptions in that sector to restore it to a viable state and remedy the consequences of such disruptions for their development.
Chapter 5. Institutions
Article 29.
The institutions of this Convention shall be the Council of Ministers, the Committee of Ambassadors and the Joint Assembly.
Article 30.
1. The Council of Ministers shall be composed, on the one hand, of the members of the Council of the European Communities and of members of the Commission of the European Communities and, on the other hand, of a member of the government of each of the ACP States.
2. The functions of the Council of Ministers shall be to:
(a) establish the broad lines of the work to be undertaken in the context of the application of this Convention, notably in helping to solve problems fundamental to the joint and several development of the Contracting Parties;
(b) take any political decision for the attainment of the objectives of this Convention;
(c) take decisions in the specific areas provided for in this Convention;
(d) ensure efficient performance of the consultation mechanisms provided for in this Convention;
(e) deal with problems of interpretation of © this Convention;
(f) settle procedural questions and arrangements for the implementation of this Convention;
(g) examine, at the request of one of the Contracting Parties, any question directly liable to hinder or promote the effective and efficient implementation of this Convention or any other issue likely to obstruct attainment of its objectives;
(h) take all necessary measures to establish ongoing contacts between the economic, cultural and social development bodies in the Community and in the ACP States and to arrange regular consultations with their representatives on matters of mutual interest, given the importance, acknowledged by the Contracting Parties, of establishing an effective dialogue between these bodies and of securing their contribution to the cooperation and development effort.
Article 31.
1. The Committee of Ambassadors shall be composed, on the one hand, of each Member State's Permanent Representative to the European Communities and one representative of the Commission and, on the other, of the head of each ACP State's mission to the European Communities.
2. The Committee of Ambassadors shall assist the Council of Ministers in the performance of its functions and shall carry out any brief given to it by the Council.
It shall monitor implementation of this Convention and progress towards achieving the objectives set therein.
Article 32.
1. The Joint Assembly shall be composed of equal numbers of, on the one hand, members of the European Parliament on the Community side and of, on the other, members of parliament or, failing this, of representatives designated by the ACP States.
2. (a) The Joint Assembly shall be a consultative body, which shall seek, through dialogue, debate and concerted action, to:
- promote better understanding between the peoples of the Member States and the ACP States,
- promote public awareness of the interdependence of the peoples and of their interests as well as of the need for solidarity in development,
- reflect upon all matters pertaining to ACP-EEC cooperation, particularly the fundamental problems of development,
- encourage research and initiative, and formulate proposals with a view to improving and reinforcing ACP-EEC cooperation,
- urge the relevant authorities of the Contracting Parties to implement this Convention in the most efficient manner possible so as to ensure the full attainment of its objectives;
(b) the Joint Assembly shall organize regular contacts and consultations with representatives of economic, cultural and social development bodies âin the ACP States and in the Community in order to obtain their views on the attainment of the objectives of this Convention.
Part Two. THE AREAS OF ACP-EEC COOPERATION
Title I. ENVIRONMENT
Article 33.
In the framework of this Convention, the protection and the enhancement of the environment and natural resources, the halting of the deterioration of land and forests, the restoration of ecological balances, the preservation of natural resources and their rational exploitation are basic objectives that the ACP States concerned shall strive to achieve with Community support with a view to bringing an immediate improvement in the living conditions of their populations and to safeguarding those of future generations.
Article 34.
The ACP States and the Community recognize that the existence of some ACP States is under threat as a result of a rapid deterioration of the environment that hinders any development efforts, in particular those aimed at achieving the priority objectives of food self-sufficiency and food security.
For many ACP States efforts to halt this deterioration of the environment and conserve natural resources are imperative and call for the preparation and implementation of coherent modes of development that have due regard for ecological balances.
Article 35.
The dimension of the environmental problem and of the means to be deployed mean that operations will have to be carried out in the context of overall, long-term policies, drawn up and implemented by the ACP States at national, regional and international level with international support.
To this end, the Parties agree to give priority in their activities to:
- preventive approach aimed at avoiding harmful effects on the environment as a result of any programme or operation,
- a systematic approach that will ensure ecological viability at all stages, from identification to implementation,
- a trans-sectoral approach that takes into account not only the direct but also the indirect consequences of the operations undertaken.
Article 36.
The protection of the environment and natural resources requires a comprehensive approach embracing the social and cultural dimensions.
In order to ensure that this specific dimension shall be taken into account, attention shall be given to incorporating suitable educational, training, information and research schemes in projects and programmes.
Article 37.
Cooperation instruments appropriate to environmental needs shall be designed and implemented.
Where necessary, both qualitative and quantitative criteria may be used. Jointly approved check-lists shall be used to help estimate the environmental viability of proposed operations, whatever their scale. Environmental impact assessment will be carried out as appropriate in the case of large-scale projects and those posing a significant threat to the environment.
For the proper integration of environmental considerations, physical inventories, where possible translated into accounting terms, shall be drawn up.
The implementation of these instruments has to ensure that, should an adverse environmental impact be foreseen, the necessary corrective measures are formulated in the early stage of the preparation of the proposed project or programme so that it can go ahead in accordance with the planned timetable though improved in terms of environmental and natural resource protection.
Article 38.
The Parties, desirous of bringing real protection and effective management to the environment and natural resources, consider that the areas of ACP-EEC cooperation covered in Part Two of this Convention shall be systematically examined and appraised in this light.
In this spirit the Community shall support efforts made by the ACP States at national, regional and international level and also operations mounted by intergovernmental and non-governmental organizations in furtherance of national and intergovernmental policies and priorities.
Article 39.
1. The Contracting Parties undertake, for their part, to make every effort to ensure that international movements of hazardous waste and radioactive waste are generally controlled, and they emphasize the importance of efficient international cooperation in this area.
With this in view, the Community shall prohibit all direct or indirect export of such waste to the ACP States while at the same time the ACP States shall prohibit the direct or indirect import into their territory of such waste from the Community or from any other country, without prejudice to specific international undertakings to which the Contracting Parties have subscribed or may subscribe in the future in these two areas within the competent international fora.
These provisions do not prevent a Member State to which an ACP State has chosen to export waste for processing from returning the processed waste to the ACP State of origin.
The Contracting Parties shall expedite adoption of the necessary internal legislation and administrative regu- lations to implement this undertaking. At the request of one of the Parties, consultations may be held if delays are encountered. At the conclusion of such consultations each Party may take appropriate steps in the light of the situation.
2. The Parties undertake to monitor strictly the implementation of the prohibition measures referred to in the second paragraph of paragraph 1. Should difficulties arise in this respect, consultations may be held subject to the same conditions as those provided for in the second paragraph of paragraph 1 and with the same effect.
3. The term "hazardous waste" within the meaning of this Article shall cover categories of products listed in Annexes 1 and 2 to the Basle Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal.
As regards radioactive waste, the applicable definitions and thresholds shall be those which will be laid down in the framework of the IAEA. In the meantime, the said definitions and thresholds shall be those specified in the declaration in Annex VIII to this Convention.
Article 40.
At the request of the ACP States, the Community shall provide available technical information on pesticides and other chemical products with a view to helping them develop or reinforce a suitable and safe use of these products.
Where necessary and in accordance with the provisions for development finance cooperation, technical assistance can be given in order to ensure conditions of safety at all stages, from production to disposal of such products.
Article 41.
The Parties recognize the value of exchanging views, using existing consultation mechanisms under this Convention, on major ecological hazards, whether on a planetary scale (such as the greenhouse effect, the deter- ioration of the ozone layer, tropical forests, etc.), or of a more specific scope resulting from the application of industrial technology. Such consultations may be requested by either Party, insofar as these hazards may in practice affect the Contracting Parties, and will be aimed at assessing the scope for joint action to be undertaken within the terms of this Convention. If necessary, the consultations will also provide for an exchange of views prior to discussions conducted on these subjects in the appropriate international fora.
Title II. AGRICULTURAL COOPERATION, FOOD SECURITY AND RURAL DEVELOPMENT
Chapter 1. Agricultural Cooperation and Food Security
Article 42.
Cooperation in the agricultural and rural sector, that is arable farming, livestock production, fisheries and forestry, shall be aimed, inter alia, at:
- continuously and systematically promoting viable and sustainable development based in particular on protection of the environment and the rational management of natural resources,
- supporting the ACP States' efforts to increase their degree of self-sufficiency in food, in particular by strengthening the capacity of the ACP States to provide their populations with food of adequate quantity and quality and to ensure a satisfactory level of nutrition,
- reinforcing food security at national, regional and inter-regional level by stimulating regional trade flows of food products and improving coordination of the food policies of the countries concerned,
- guaranteeing the rural population incomes that will significantly improve their standard of living, in order to be able to cover their essential needs in the areas of food, education, health and living conditions,
- encouraging the active participation of the rural population, both men and women, in their own development by organizing small farmers into associations, and integrating producers, men and women, more effectively into national and_ international economic activity,
- increasing the participation of women in their capacity as producers, notably by improving access to all factors of production (land, inputs, credit, extension services and training),
- creating satisfactory living conditions and a satisfactory life-style in the rural environment, notably by developing social and cultural activities,