Where ACP States situated in the same subregion as territories to which the Treaty establishing the European Economic Community applies wish to engage in fishing activities in the corresponding fishing zone, the Community. and the ACP States shall open negotiations with a view to concluding a fishery agreement in the spirit of Article 64, taking account of their specific situation in the region and of the objective of strengthening regional cooperation between those territories and the neighbouring ACP States.
Article 66.
The Community and the ACP States recognize the value of a regional approach to fisheries access and shall support moves by ACP coastal States towards harmonized arrangements for access for fishing vessels.
Article 67.
The Community and the ACP States agree to take all appropriate steps to ensure that the efforts undertaken in fisheries cooperation under this Convention shall be effective, taking into account notably the Joint Declaration on the origin of fishery products.
As regards exports of fishery products to the markets of the Community, due account shall be taken of Article 358.
Article 68.
The mutually satisfactory conditions referred to in Article 64 shall bear in particular on the nature and the scale of the compensation to be received by the ACP States concerned under bilateral agreements.
Compensation shall be additional to any allocation relating to projects in the fisheries sector pursuant to Title III, Part Three of this Convention.
Compensation shall be provided for partly by the Community as such and partly by the shipowners and shall take the form of financial compensation which may include licensing fees and, where appropriate, any other elements agreed upon by the parties to the fishery agreement, such as obligatory landing of part of the catch, employment of ACP nationals, the taking on board of observers, transfer of technology, research and training grants.
Compensation shall relate to the scale and value of the fishing opportunities provided in the exclusive economic zones of the ACP States concerned.
In addition, with regard to the fishing of highly migratory species, the particular character of such fisheries shall be taken into account in the respective obligations under the agreements, including the financial compensation.
The Community shall take all necessary measures to ensure that its vessels comply with the provisions of the agreements negotiated and with the laws and regulations of the ACP State concerned.
Title IV. COOPERATION ON COMMODITIES
Article 69.
ACP-EEC cooperation in the field of commodities shall take into account:
- the fact that the economies of a large number of ACP States are highly dependent on their exports of primary products,
- the deteriorating situation of their exports in most cases, mainly as a result of the downward trend in world prices,
- the structural nature of the difficulties in many commodity sectors both within the economies of the ACP States and at international level, in particular within the Community.
Article 70.
The Community and the ACP States recognize the need for joint efforts aimed at resolving the structural difficulties in many commodity sectors and they take as the main objectives of their cooperation in this field:
- diversification, both horizontal and vertical, of the ACP economies, in particular through the development of processing, marketing, distribution and transport (PMDT), and
- improvement of the competitiveness of the ACP States' commodities on world markets through the reorganization and rationalization of their production, marketing and distribution activities.
The Community and the ACP States undertake to employ all appropriate means to enable them to go as far as possible in the attainment of these objectives; to that end, they agree to make coordinated use of the range of instruments and resources of this Convention.
Article 71.
In pursuit of the objectives set out in Article 70, cooperation in the field of commodities, especially PMDT, shall be planned and implemented in compliance with the priorities decided by the ACP States and in support of policies and strategies deawn up by these States,
Article 72.
Cooperation operations in the field of commodities shall be directed towards developing international, regional and national markets; they shall be carried out in accordance with the detailed rules and procedures laid down in the Convention, notably those relating to development finance cooperation. In this context, they may also cover:
1. the enhancement of human resources, including in particular:
- training programmes and courses for operators in the sectors concerned,
- support for national or regional schools and training institutes specializing in the sector;
2. the fostering of investments by EEC and ACP economic operators in the sector concerned, notably by means of:
- information and awareness-raising campaigns directed at operators likely to invest in activities that diversify and add value to ACP commodities,
- a more dynamic use of risk capital for. firms wishing to invest in these PMDT activities,
- utilization of the pertinent provisions on investment promotion, protection, financing and support;
3. the development and improvement of the infra- structure necessary for activities in the sector concerned, and notably transport and telecommuni- cations networks.
Article 73.
In pursuit of the objectives set out in Article 70, the Contracting Parties shall attach particular importance to:
- ensuring that market signals, whether national, regional or international, are duly taken into account,
- taking account of the economic and social impact of the operations carried out, ,
- ensuring a greater consistency at regional and international level between the strategies pursued by the various ACP States concerned,
- seeking an effective distribution of resources between the various activities and operators in the production sectors concerned.
Article 74.
The Community and the ACP States recognize the need to ensure a better operation of international commodity markets and to increase market transparency.
They confirm their willingness to step up consultations between the ACP States and the Community in the international fora and organizations dealing with commodities.
To this end, exchanges of views shall take place at the request of either Party:
- regarding the operation of existing international agreements or specialized intergovernmental working parties with the aim of improving them and making them more effective, consistent with market trends,
- when it is proposed to conclude or renew an international agreement or set up a specialized intergovernmental working party.
The aim of such exchanges of views shall be to take account of the respective interests of each Party; they may take place, where necessary, in the framework of the Commodities Committee.
Article 75.
The Community and the ACP States agree to set up a Commodities Committee, which shall serve in particular to help find solutions to structural problems relating to commodities.
The tasks of the Commodities Committee shall be to monitor the general implementation of the Convention in the commodities sector, taking account of the Parties' mutual interests, and, in particular:
(a) to examine any general problems relating to ACP-EEC trade in these products which may be submitted to it by the relevant subcommittees set up under the Convention;
(b) to recommend measures that will solve these problems and develop the competitiveness of the production and export systems;
(c) to hold exchanges of views and information on the short- and medium-term prospects and forecasts for production, consumption and trade.
Article 76.
The Commodities Committee shall meet at least once a year at ministerial level. Its rules of procedure shall be laid down by the Council of Ministers. It shall be composed of representatives of the ACP States and of the Community appointed by the Council of Ministers. Its work shall be prepared by the Committee of Ambassadors in accordance with the procedures laid down in the rules of procedure of the Commodities Committee.
Title V. INDUSTRIAL DEVELOPMENT, MANUFACTURING AND PROCESSING
Article 77.
In order to facilitate the attainment of the industrial development objectives of the ACP States, it is important to ensure that an integrated and sustainable development strategy, which links activities in different sectors to each other, is evolved. Thus, sectoral strategies for agricultural and rural development, manufacturing, mining, energy, infrastructure and services should be designed in such a way as to foster interlinkages within and between economic sectors with a view to maximizing focal value added and creating, where possible, an effective capacity to export manufactured products, while ensuring the protection of the environment and natural resources.
In pursuit of these objectives the Contracting Parties shall have recourse to the provisions on trade promotion for ACP products and private investments, in addition to the specific provisions on industrial cooperation.
Article 78.
Industrial cooperation, as a key instrument for industrial development, shall have as its objectives:
(a) the creation of the basis of and framework for effective cooperation between the Community and the ACP States in the fields of manufacturing and processing, mineral resources development, energy resources development, transport and communications;
(b) the promotion of conditions conducive to industrial enterprise development, and local and external investment;
(c) improvement of capacity utilization and rehabilitation of existing industrial undertakings which are potentially viable, in order to restore the productive capacities of ACP economies;
(d) fostering the creation of and the participation in enterprises by ACP nationals, especially those of a small and medium-sized nature that produce and/or use local inputs; promotion of new and strengthening of existing enterprises;
(e) support for the establishment of new industries to supply the local market in a cost-effective manner and ensure the growth of the non-traditional export sector in order to increase foreign exchange earnings, provide employment opportunities and an increase in real incomes;
(f) promoting increasingly close relations in the industrial field between the Community and the ACP States, and in particular further encouraging the speedy establishment of ACP-EEC industrial joint ventures;
(g) promoting business associations in ACP States as well as other institutions for industrial enterprise and business development.
Article 79.
The Community shall assist the ACP States in the improvement of their institutional framework, reinforcement of their financing institutions and the establishment, rehabilitation and improvement of industry-related infrastructure. The Community shall equally assist the ACP States in their efforts to integrate industrial structures at regional and inter-regional level.
Article 80.
On the basis of a request from an ACP State, the Community shall provide the assistance required in the field of industrial training at all levels, bearing notably on the evaluation of industrial training needs and the establishment of corresponding programmes, the setting up and operation of national or regional ACP industrial training establishments, training for ACP nationals in appropriate establishments, on-the-job training both in the Community and in the ACP States and also cooperation between industrial training establishments in the Community and in the ACP States, and between the latter and those of other developing countries.
Article 81.
In order to achieve the objectives of industrial development, the Community shall assist in the establishment and expansion of all types of viable industry which have been identified by the ACP States as important in terms of their industrialization objectives and priorities.
In this context the following areas merit particular attention:
(i) manufacturing and processing of primary products:
(a) industries processing, on a national or regional basis, raw materials for export;
(b) industries based on local needs and resources, focused on domestic and regional markets and mainly small and medium-sized industries geared to the modernization of agriculture, the efficient processing of agricultural products and the manufacturing of agricultural inputs and tools;
(ii) engineering, metallurgical and chemical industries:
(a) engineering enterprises for the production of tools and equipment primarily tailored to maintaining the existing plant and equipment in the ACP States. These enterprises should, as a matter of priority, support the manufacturing and processing sector, the major export sectors, and small and medium-sized enterprises directed at satisfying basic needs;
(b) metallurgical industries based on the mining products of the ACP States, aimed at the secondary processing of mining products to supply ACP engineering and chemical industries;
(c) chemical industries, particularly on a small and medium scale, aimed at the secondary processing of mineral products to supply the other branches of industry, and also the agricultural and health sectors;
(iii) industrial rehabilitation and capacity utilization: the restoration, upgrading, reorganization, restructuring and maintenance of existing potentially viable industrial capacities. Special emphasis should be put in this respect on industries with a low import content that provide up-stream and down-stream linkages and have a favourable effect on employment. Rehabilitation activities should be targeted at the creation of conditions necessary to make enterprises being rehabilitated self-sustaining.
Article 82.
The Community shall assist the ACP States to develop, during the period of application of this Convention, as a matter of priority, viable industries, as defined in Article 81, in accordance with the capacities and decisions of each ACP State and their respective endowments taking into account the adjustment of industrial structures taking place between the Contracting Parties and throughout the world.
Article 83.
The Community shall contribute in a spirit of mutual interest to the development of ACP-EEC and intra-ACP cooperation between enterprises by way of information and industrial promotion activities.
The aim of such activities shall be to intensify the regular exchange of information, organize the contacts required in the industrial sphere between industrial policy-makers, promoters and economic operators from the Community and the ACP States, carry out studies, notably feasibility studies, facilitate the establishment and operation of ACP industrial promotion bodies and foster joint investment, subcontracting arrangements and any other form of industrial cooperation between enterprises in the Member States of the Community and in the ACP States.
Article 84.
The Community shall contribute to the establishment and development of small and medium-sized enterprises in the artisanal, commercial, service and industrial sectors in view of the essential role that these enterprises play in the modern and informal sectors in building up a diversified economic fabric and in the general development of the ACP countries, and in view of the advantages they offer as regards the acquisition of skills, the integrated transfer and adaptation of appropriate technology and opportunities for taking the best advantage of local manpower. The Community shall also help with sectoral evaluation and the establishment of action programmes, with the setting up of appropriate infrastructure, the establishment, strengthening and operation of institutions providing information, promotion, extension, training, credit or guarantee and transfer of technology facilities.
The Community and the ACP States shall encourage cooperation and contact between small and medium-sized enterprises in the Member States and the ACP States.
Article 85.
With a view to assisting the ACP States to develop their technological base and indigenous capacity for scientific and technological development and facilitating the acquisition, transfer and adaption of technology on terms that will seek to bring about the greatest possible benefits and minimize costs, the Community, through the instruments of development finance cooperation, is prepared, inter alia, to contribute to:
(a) the establishment and strengthening of industry-related scientific and technical infrastructure in the ACP States;
(b) the drawing up and implementation of research and development programmes;
(c) the identification and creation of opportunities for collaboration among research institutes, institutions of higher learning and enterprises of ACP States, the Community, the Member States and other countries;
(d) the establishment and promotion of activities aimed at the consolidation of appropriate indigenous technology and the acquisition of relevant foreign technology, in particular that of other developing countries;
(e) the identification, evaluation and acquisition of industrial technology including the negotiation on favourable terms and conditions of foreign technology, patents and other industrial property, in particular through financing or through other suitable arrangements with firms and institutions within the Community;
(f) providing ACP States with advisory services for the preparation of regulations governing the transfer of technology and for the supply of available information, in particular on the terms and conditions of technology contracts, the types and sources of tech- nology, and the experience of ACP States and other countries with the use of certain types of technology;
(g) the promotion of technology cooperation between ACP States and between them and other developing countries, including support to research and development units in particular at regional level, in order to make the best use of any particularly appropriate scientific and technical facilities they may possess;
(h) facilitating, wherever possible, access to and use of documentary and other data sources available in the Community.
Article 86.
In order to enable the ACP States to obtain full benefit from the trade arrangements and other provisions of this Convention, promotion schemes shall be undertaken for the marketing of ACP States' industrial products on both Community and other external markets, and also in order to stimulate and develop trade in industrial products among the ACP States. Such schemes, shall cover market research, marketing and the quality and standardization of manufactured goods, in accordance with Articles 229 and 230 and taking into account Articles 135 and 136.
Article 87.
1. A Committee on Industrial Cooperation, supervised by the Committee of Ambassadors, shall:
(a) review progress made with the overall industrial cooperation programme resulting from this Convention and, where appropriate, submit recommendations to the Committee of Ambassadors; in this framework it shall examine and give its opinion on the reports referred to in Article 327 concerning the progress of industrial cooperation and the growth of investment flows, and regularly monitor the mechanics of the interventions undertaken by the European Investment Bank, hereinafter referred to as "the Bank", the Commission, the Centre for the Development of Industry, hereinafter referred to as the CDP and the ACP authorities responsible for the implementation of industrial projects in order to ensure the best possible coordination;
(b) examine problems and policy issues in the field of industrial cooperation submitted to it by the ACP States or by the Community, and make any appro- priate proposals;
(c) organize, at the request of the Community or of the ACP States, a review of trends in industrial policies of the ACP States and of the Member States as well as developments in the world industrial situation with a view to exchanging information necessary for improving cooperation in and facilitating the industrial development and related mining and energy activities of the ACP States;
(d) establish, on a proposal of the Executive Board, the general strategy of the CDI referred to in Article 89, appoint the members of the Advisory Council, appoint the director and deputy director, appoint the two auditors, apportion on an annual basis the overall financial allocation provided for in Article 3 of the Financial Protocol and approve the budget and annual accounts;
(e) examine the CDI's annual report and any other report presented by the Advisory Council or the Executive Board in order to assess whether the CDI's activities are in conformity with the objectives assigned to it in this Convention, report to the Committee of Ambassadors and, through it, to the Council of Ministers and carry out such other duties as may be assigned to it by the Committee of Ambassadors.
2. The composition of the Committee on Industrial Cooperation and the detailed rules for its operation shall be determined by the Council of Ministers. The Committee shall meet at least twice a year.
Article 88.
A joint Advisory Council, composed of 24 members drawn from the business world or experts on industrial development, with representatives of the Commission, the Bank and the ACP Secretariat present as observers, shall allow the Committee on Industrial Cooperation to take into account the point of view of industrial operators concerning matters referred to in Article 87 (1) (a), (b) and (c). The Advisory Council shall meet formally once a year.
Article 89.
The CDI shall help to establish and strengthen industrial enterprises in the ACP States, notably by encouraging joint initiatives by economic operators of the Community and the ACP States.
As a practical operational instrument, the CDI shall give priority to the identification of industrial operators for viable projects, assist in the promotion and implementation of those projects that meet the needs of ACP States, taking special account of domestic and external market opportunities for the processing of local raw materials while making optimum use of the ACP States' endowments by way of factors of production. Assistance shall also be given to the presentation of such projects to the financing institutions. ,
In carrying out the above tasks, the CDI shall take care to operate selectively by giving priority to small and medium-sized industrial enterprises and rehabilitation operations, and restoring existing industrial capacities to full utilization. It shall place special emphasis on opportunities for joint ventures and subcontracting. In implementing these tasks, the CDI shall also pay special attention to the objectives referred to in Article 97.
Article 90.
1. In undertaking the tasks! referred to in Article 89 the CDI shall operate by giving priority to viable projects. In particular, it shall:
(a) identify, appraise, evaluate, promote and assist in the implementation of economically viable industrial projects of the ACP States;
(b) carry out studies and appraisals aimed at identifying practical opportunities for industrial cooperation with the Community in order to promote the industrial development of the ACP States, and facilitating the implementation of appropriate schemes;
(c) supply information and also specific advisory services and expertise, including feasibility studies, with a view to expediting the establishment and/or restoration of industrial enterprises;
(d) identify potential partners of the ACP States and the Community for joint investment operations and assist in the implementation and follow-up;
(e) identify and provide information on possible sources of financing, assist in the presentation for financing, and, where necessary, assist in the mobilization of funds from these sources for industrial projects, in ACP States;
(f) 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.
2. In order to improve the attainment of its objectives, the CDI, in addition to its main activities, may also pursue the following:
(a) carry out studies, market research and evaluation work and gather and disseminate all relevant information on the industrial cooperation situation and opportunities and notably on the economic environment, the treatment which potential investors may expect and the potential of viable industrial projects;
(b) help, in appropriate cases, to promote the marketing of ACP manufactures 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;
(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) identify, on the basis of needs indicated by ACP States, opportunities in industrial training, chiefly on the job, to meet the requirements of existing and planned industrial undertakings in ACP States and, where necessary, assist in the implementation of appropriate schemes;
(e) gather and disseminate all relevant information concerning the industrial potential of the ACP States and trends of industrial sectors in the Community and the ACP States;
(f) promote the subcontracting and also the expansion and consolidation of regional industrial projects.
Article 91.
The CDI shall be headed by a director assisted by a deputy director, recruited on the basis of technical skills and management experience, both of whom shall be appointed by the Committee on Industrial Cooperation. The management of the CDI shall implement the guidelines laid down by the Committee on Industrial Cooperation, and shall be answerable to the Executive Board.
Article 92.
1. A joint Executive Board shall:
(a) advise and back up the director in providing impetus and motivation in managing the CDI and shall ensure that the guidelines laid down by the Committee on Industrial Cooperation are implemented satisfactorily;
(b) on a proposal from the director of the CDI,
(i) approve:
- multiannual and annual programmes of activities,
- the annual report,
- the organizational structures, staffing policy and establishment plan, and
(ii) adopt the budgets and annual accounts for submission to the Committee on Industrial Cooperation;
(c) take decisions on management proposals related to these issues;
(d) transmit an annual report to the Committee on Industrial Cooperation and report on any problems arising in connection with the points referred to in (c).
2. The Executive Board shall be composed of six persons with substantial experience in the private or public industrial or banking sectors or in industrial development planning and promotion. They shall be chosen by the Committee on Industrial Cooperation on the grounds of their qualifications among nationals of the States party to this Convention and appointed by that Committee according to the procedures laid down by it. A representative of the Commission, of the Bank and of the ACP Secretariat shall take part in the Board's proceedings as observers. In order. to ensure a close follow-up of CDI activities, the Board shall meet at least once every two months. The secretariat shall be provided by the Centre.
Article 93.
1. The Community shall contribute to the financing of the CDI's budget by means of a separate allocation in accordance with the Financial Protocol annexed hereto.