4, For the purpose of the investment financing provided for in Annex II, Chap- ter 1, to this Agreement, investment funds and financial and non-financial intermediaries established in South Africa can be eligible.
Article 5. Trade Cooperation
1. The provisions of this Agreement on economic and trade cooperation shall not apply to South Africa.
2. Nonetheless, South Africa shall be associated as an observer in the dialogue between the Parties pursuant to Articles 34 to 40 of this Agreement.
3. This Protocol shall not prevent South Africa from negotiating and signing one of the Economic Partnership Agreements (EPA) provided for in Part 3, Title Il of this Agreement if the other parties to that EPA so agree.
Article 6. Applicability of Protocols and Declarations
The protocols and declarations annexed to this Agreement that relate to parts of the Agreement that are not applicable to South Africa, shall not apply to South Africa, all other declarations and protocols shall apply.
Article 7.
Revision clausethis protocol may be revised by decision of the council of ministers.
Article 8. Applicability
Without prejudice to the previous Articles, the table hereunder sets out those Articles of the Agreement and its Annexes which shall apply to South Africa and those which shall not apply.
| Applicable | Remarks | Not applicable |
| Preamble | ||
| Part I, Title I, Chapter 1: ‘Objectives, principles and actors’ (Articles 1 to 7) | ||
| Part I, Title II, ‘The political dimension’; Articles 8 to 13 | ||
| Part 2, ‘Institutional provisions’; Articles 14 to 17 | In accordance with Article 1 of this protocol, South Africa shall not have voting rights in any of the joint institutions or bodies in areas of the Agreement which are not applicable to South Africa | |
| Part 3, Title I, ‘Development strategies’. | ||
| In accordance with Article 5 above, South Africa shall be associated as an observer in the dialogue between the Parties pursuant to Articles 34 to 40 | Part 3, Title II, Economic and Trade Cooperation. | |
| Article 75(i) (Investment promotion, support for the ACP–EU private sector dialogue on regional level), Article 78 (Investment protection) | In accordance with Article 4 above, South Africa shall have the right to participate in certain areas of development finance cooperation on the understanding that such participation will be fully financed from the resources provided for under Title VII of the TDCA. In accordance with Article 2 above, South Africa may participate in the ACP–EC Development Finance Cooperation Committee provided for in Article 83, without enjoying voting rights in relation to provisions that do not apply to South Africa | Part 4, Development Finance Cooperation |
| Part 5, General Provisions for the Least Developed, Landlocked and Island ACP States, Articles 84 to 90 | ||
| Part 6, Final Provisions, Articles 91 to 100 | ||
| Annex I (Financial Protocol) | ||
| Annex II, Terms and conditions of Financing, Chapter 5 (link to Article 78/investment protection) | In accordance with Article 4 above, South Africa shall have the right to participate in certain areas of development finance cooperation on the understanding that South Africa’s participation will be fully financed from the resources provided for under Title VII of the TDCA. | Annex II, Terms and conditions of Financing, Chapters 1, 2, 3 and 4 |
| Annex III, Institutional Support (CDE and CTA) | In accordance with Article 4 above, South Africa shall have the right to participate in certain areas of development finance cooperation on the understanding that South Africa’s participation will be fully financed from the resources provided for under Title VII of the TDCA. | |
| Annex IV, Implementation and Management Procedures: Articles 6 to 14 (Regional cooperation) Articles 20 to 32 (Competition and preference) | In accordance with Article 4 above, where resources from the TDCA are deployed for participation activities in the framework of ACP–EC financial cooperation, South Africa will enjoy the right to fully participate in the decision-making procedures governing implementation of such aid. South African natural and legal persons will moreover be eligible for participation in tenders for contracts financed from the financial resources of the Agreement. In this context, South African tenderers will not enjoy the preferences provided for tenderers from the ACP States | Annex IV, Articles 1 to 5 (national programming); 15 to 19 (provisions relating to the project cycle), 27 (preference to ACP contractors) and 34 to 38 (Executing agents) |
| Annex V/trade regime during the preparatory period prescribed in Article 37(1). | ||
| Annex VI; List of Least Developed, island and landlocked ACP States |
Final Act
The Plenipotentiaries of:
HIS MAJESTY THE KING OF THE BELGIANS,
THE PRESIDENT OF THE REPUBLIC OF BULGARIA,
THE PRESIDENT OF THE CZECH REPUBLIC,
HER MAJESTY THE QUEEN OF DENMARK,
THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY,
THE PRESIDENT OF THE REPUBLIC OF ESTONIA,
THE PRESIDENT OF IRELAND,
THE PRESIDENT OF THE HELLENIC REPUBLIC,
HIS MAJESTY THE KING OF SPAIN,
THE PRESIDENT OF THE FRENCH REPUBLIC,
THE PRESIDENT OF THE ITALIAN REPUBLIC,
THE PRESIDENT OF THE REPUBLIC OF CYPRUS,
THE PRESIDENT OF THE REPUBLIC OF LATVIA,
THE PRESIDENT OF THE REPUBLIC OF LITHUANIA,
HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG,
THE PRESIDENT OF THE REPUBLIC OF HUNGARY,
THE PRESIDENT OF MALTA,
HER MAJESTY THE QUEEN OF THE NETHERLANDS,
THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA,
THE PRESIDENT OF THE REPUBLIC OF POLAND,
THE PRESIDENT OF THE PORTUGUESE REPUBLIC,
THE PRESIDENT OF ROMANIA,
THE PRESIDENT OF THE REPUBLIC OF SLOVENIA,
THE PRESIDENT OF THE SLOVAK REPUBLIC,
THE PRESIDENT OF THE REPUBLIC OF FINLAND,
THE GOVERNMENT OF THE KINGDOM OF SWEDEN,
HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
Contracting Parties to the Treaty on European Union and the Treaty on the Functioning of the European Union, hereinaer referred to as ‘the Member States’, and of THE EUROPEAN UNION, hereinaer referred to as ‘the Union’ or ‘the EU’,of the one part, and
the Plenipotentiaries of:
THE PRESIDENT OF THE REPUBLIC OF ANGOLA,
HER MAJESTY THE QUEEN OF ANTIGUA AND BARBUDA,
THE HEAD OF STATE OF THE COMMONWEALTH OF THE BAHAMAS,
THE HEAD OF STATE OF BARBADOS,
HER MAJESTY THE QUEEN OF BELIZE,
THE PRESIDENT OF THE REPUBLIC OF BENIN,
THE PRESIDENT OF THE REPUBLIC OF BOTSWANA,
THE PRESIDENT OF BURKINA FASO,
THE PRESIDENT OF THE REPUBLIC OF BURUNDI,
THE PRESIDENT OF THE REPUBLIC OF CAMEROON,
THE PRESIDENT OF THE REPUBLIC OF CAPE VERDE,
THE PRESIDENT OF THE CENTRAL AFRICAN REPUBLIC,
THE PRESIDENT OF THE UNION OF THE COMOROS,
THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF CONGO, THE PRESIDENT OF THE REPUBLIC OF CONGO,
THE GOVERNMENT OF THE COOK ISLANDS,
THE PRESIDENT OF THE REPUBLIC OF COTE D'IVOIRE,
THE PRESIDENT OF THE REPUBLIC OF DJIBOUTI,
THE GOVERNMENT OF THE COMMONWEALTH OF DOMINICA, THE PRESIDENT OF THE DOMINICAN REPUBLIC,
THE PRESIDENT OF THE STATE OF ERITREA,
THE PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA, THE PRESIDENT OF THE REPUBLIC OF THE FIJI ISLANDS,
THE PRESIDENT OF THE GABONESE REPUBLIC,
THE PRESIDENT AND HEAD OF STATE OF THE REPUBLIC OF THE GAMBIA, THE PRESIDENT OF THE REPUBLIC OF GHANA,
HER MAJESTY THE QUEEN OF GRENADA,
THE PRESIDENT OF THE REPUBLIC OF GUINEA,
THE PRESIDENT OF THE REPUBLIC OF GUINEA-BISSAU,
THE PRESIDENT OF THE CO-OPERATIVE REPUBLIC OF GUYANA, THE PRESIDENT OF THE REPUBLIC OF HAITI,
THE HEAD OF STATE OF JAMAICA,
THE PRESIDENT OF THE REPUBLIC OF KENYA,
THE PRESIDENT OF THE REPUBLIC OF KIRIBATI,
HIS MAJESTY THE KING OF THE KINGDOM OF LESOTHO,
THE PRESIDENT OF THE REPUBLIC OF LIBERIA,
THE PRESIDENT OF THE REPUBLIC OF MADAGASCAR,
THE PRESIDENT OF THE REPUBLIC OF MALAWI,
THE PRESIDENT OF THE REPUBLIC OF MALI,
THE GOVERNMENT OF THE REPUBLIC OF THE MARSHALL ISLANDS, THE PRESIDENT OF THE ISLAMIC REPUBLIC OF MAURITANIA, THE PRESIDENT OF THE REPUBLIC OF MAURITIUS,
THE GOVERNMENT OF THE FEDERATED STATES OF MICRONESIA,
THE COTONOU AGREEMENT
THE PRESIDENT OF THE REPUBLIC OF MOZAMBIQUE,
THE PRESIDENT OF THE REPUBLIC OF NAMIBIA,
THE GOVERNMENT OF THE REPUBLIC OF NAURU,
THE PRESIDENT OF THE REPUBLIC OF NIGER,
THE PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA,
THE GOVERNMENT OF NIUE,
THE GOVERNMENT OF THE REPUBLIC OF PALAU,
HER MAJESTY THE QUEEN OF THE INDEPENDENT STATE OF PAPUA NEW GUINEA, THE PRESIDENT OF THE REPUBLIC OF RWANDA,
HER MAJESTY THE QUEEN OF SAINT KITTS AND NEVIS,
HER MAJESTY THE QUEEN OF SAINT LUCIA,
HER MAJESTY THE QUEEN OF SAINT VINCENT AND THE GRENADINES, THE HEAD OF STATE OF THE INDEPENDENT STATE OF SAMOA, THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF SAO TOME AND PRINCIPE, THE PRESIDENT OF THE REPUBLIC OF SENEGAL,
THE PRESIDENT OF THE REPUBLIC OF SEYCHELLES,
THE PRESIDENT OF THE REPUBLIC OF SIERRA LEONE,
HER MAJESTY THE QUEEN OF SOLOMON ISLANDS,
THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA,
THE PRESIDENT OF THE REPUBLIC OF SURINAME,
HIS MAJESTY 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 DEMOCRATIC REPUBLIC OF TIMOR-LESTE, THE PRESIDENT OF THE TOGOLESE REPUBLIC,
HIS MAJESTY THE KING OF TONGA,
THE PRESIDENT OF THE REPUBLIC OF TRINIDAD AND TOBAGO, HER MAJESTY THE QUEEN OF TUVALU,
THE PRESIDENT OF THE REPUBLIC OF UGANDA,
THE GOVERNMENT OF THE REPUBLIC OF VANUATU,
THE PRESIDENT OF THE REPUBLIC OF ZAMBIA,
THE GOVERNMENT OF THE REPUBLIC OF ZIMBABWE,
which States are hereinafter referred to as 'ACP states'
of the other part,
meeting in Quagadougou on the twenty-second day of June in the year two thou- sand and ten for the signature of the Agreement amending for the second time the Partnership Agreement between the members of the African, Caribbean and Pacific Group of states, of the one part, and the European community and its Member States, of the other part, signed in Cotonou on 23 June 2000, as first amended in Luxembourg on 25 June 2005,
have at the time of signature of this Agreement adopted the following declara- tions attached to this Final Act:
Declaration |: Joint Declaration on Support for Market Access in the ACP-EC Partnership;
Declaration Il: Joint Declaration on Migration and Development (Article 13);
Declaration Ill: European Union Declaration on Institutional Changes Resulting From the Entry into Force of the Treaty of Lisbon;
and have, furthermore, agreed that the following existing declarations, as a con- sequence of the deletion of Annex V, have become obsolete:
Declaration XXII: Joint Declaration concerning agricultural products referred to in Article 1(2)(a) of Annex V;
Declaration XXIII: Joint Declaration on Market Access in the ACP-EC Partnership; Declaration XXIV; Joint Declaration on rice;
Declaration XXV: Joint Declaration on rum;
Declaration XXVI: Joint Declaration on beef and veal;
Declaration XXVII: Joint Declaration on the arrangements governing access to the markets of the French overseas departments for products originating in the ACP
States referred to in Article 1(2) of Annex V;
Declaration XXIX: Joint Declaration on products covered by the common agricul- tural policy;
Declaration XXX: ACP Declaration on Article 1 of Annex V; Declaration XXXI: Community Declaration on Article 5(2)(a) of Annex V;
Declaration XXXII: Joint Declaration on non-discrimination;
THE COTONOU AGREEMENT
Declaration XXXIII: Community Declaration on Article 8(3) of Annex V; Declaration XXXIV: Joint Declaration on Article 12 of Annex V;
Declaration XXXV: Joint Declaration relating to Protocol 1 of Annex V; Declaration XXXVI: Joint Declaration relating to Protocol 1 of Annex V;
Declaration XXXVII; Joint Declaration relating to Protocol 1 of Annex V on the origin of fishery products;
Declaration XXXVIII; Community Declaration relating to Protocol 1 of Annex V on the extent of territorial waters;
Declaration XXXIX: ACP Declaration relating to Protocol 1 of Annex V on the origin of fishery products;
Declaration XL: Joint Declaration on the application of the value tolerance rule in the tuna sector;
Declaration XLI: Joint Declaration on Article 6(11) of Protocol 1 of Annex V; Declaration XLII: Joint Declaration on rules of origin: cumulation with South Africa; Declaration XLII; Joint Declaration on Annex 2 to Protocol 1 of Annex V.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries have hereunto set their hands.
Declarations
Cotonou, 23 June 2000 (OJ L 317, 15.12.2000)
DECLARATION I Joint Declaration on the actors of the partnership (Article 6)
The Parties agree that the definition of civil society may differ significantly according to the socioeconomic and cultural conditions of each ACP country. However, they believe that this definition may include inter alia the following organisations: human rights groups and agencies, grassroots organisations, women’s associations, youth organisations, child-protection organisations, environmental movements, farmers’ organisations, consumers’ associations, religious organisations, development support structures (non-governmental organisations (NGOs)), teaching and research establishments), cultural associations and the media.
DECLARATION II Declaration of the Commission and the Council of the European Union on the clause concerning the return and readmission of illegal immigrants (Article 13(5))
Article 13(5) Shall Be without Prejudice to the Internal Division of Powers Be- Tween the Community and Its Member States for the Conclusion of Readmission Agreements.
DECLARATION III Joint Declaration on participation in the Joint Parliamentary Assembly (Article 17(1))
The Parties reaffirm the role of the Joint Parliamentary Assembly in promoting and defending democratic processes through dialogue between members of par- liament, and agree that the participation of representatives who are not mem- bers of a parliament, as set out in Article 17, shall be allowed only in exceptional circumstances. Such participation shall be subject to the approval of the Joint Parliamentary Assembly before each session.
DECLARATION IV Community Declaration on the financing of the ACP Secretariat
The Community shall contribute to the cost of running the ACP Secretariat from intra ACP cooperation resources.
DECLARATION V Community Declaration on the financing of the joint institutions
The Community, being aware that expenditure in connection with interpreting at meetings and the translation of documents is expenditure incurred essentially for its own requirements, is prepared to continue past practice and meet this ex- penditure both for meetings of the institutions of the Agreement which take place in the territory of a Member State and those which take place in the territory of an ACP State.
DECLARATION VI Community Declaration relating to the Protocol on privileges and immunities
The Protocol on privileges and immunities is a multilateral act from the point of view of international law. However, any specific problems that may arise in the host state regarding the application of this Protocol should be settled by bilateral agreement with that state.
The Community has noted the ACP States’ requests that certain provisions of Protocol 2 be modified, notably as regards the status of the staff of the ACP Secretariat, the Centre for the Development of Enterprise (CDE) and the Centre for the Development of Agriculture (CTA).
The Community is willing to seek jointly appropriate solutions in respect of the ACP Statesâ requests with a view to establishing a separate legal instrument as referred to above.
In this context, the host country will, without derogating from the present benefits enjoyed by the ACP Secretariat, the CDE, the CTA and their staff:
(1) Show understanding as regards the interpretation of the expression âstaff of senior rankâ, such an interpretation to be arrived at by mutual agreement;
(2) Recognise the powers delegated by the President of the Council of ACP Min- isters to the Chairman of the ACP EC Committee of Ambassadors, in order to simplify implementation of Article 9 of the Protocol;
(3) Agree to grant certain facilities to the staff of the ACP Secretariat, the CDE and the CTA to facilitate initial installation in the host country;