(4) Examine in an appropriate way tax related questions concerning the ACP Sec- retariat, the CDE and the CTA and their staff.
DECLARATION VII Declaration by the Member States relating to the Protocol on privileges and immunities
The Member States shall strive, in the context of their respective regulations, to facilitate throughout their respective territories, the movement in pursuit of their official duties of ACP diplomats accredited to the Community, members of the ACP Secretariat referred to in Article 7 of Protocol 2, whose names and positions shall be communicated in accordance with Article 9 of that Protocol, and the ACP executives of the CDE and the CTA.
DECLARATION VIII Joint Declaration relating to the Protocol on privileges and immunities
Within the context of their respective regulations, the ACP States shall grant Com- mission delegations privileges and immunities similar to those granted to diplo- matic missions so that they are able to carry out the functions incumbent on them under the Agreement in a satisfactory and effective manner.
DECLARATION IX Joint Declaration on Article 49(2) on trade and environment
Keenly aware of the specific risks attaching to radioactive waste, the Parties will refrain from any practice of discharging such waste which would encroach upon the sovereignty of states or threaten the environment or public health in other coun- tries. They attach the greatest importance to developing international cooperation to protect the environment and public health against such risks. They accordingly affirm their determination to play an active part in the work being done in the IAEA to produce an internationally approved code of good practice.
Council Directive 92/3/Euratom of 3 February 1992 on the supervision and control of shipments of radioactive waste between Member States and into and out of the Community defines the term âradioactive wasteâ as any material, which contains or is contaminated by radio nuclides and for which no use is foreseen. The Directive is applicable to shipments of radioactive waste between Member States and into and out of the Community whenever the quantities and concentration exceed the levels laid down in Article 3(2)(a) and (b) of the Council Directive 96/29/Euratom of 13 May 1996. The defined levels ensure basic safety standards for the protec- tion of health of workers and the general public against the dangers arising from ionising radiation.
Shipments of radioactive waste are subject to a system of prior authorisation as defined in Directive 92/3/Euratom of 3 February 1992 on the supervision and con- trol of shipments of radioactive waste between Member States and into and out of the Community. Article 11(1)b of the Directive stipulates that the competent authorities of Member States shall not authorise shipments of radioactive waste to a state party to the Fourth ACP-EC Convention which is not a member of the Community, taking account, however, of Article 14. The Community ensures that Ar- ticle 11 of Directive 92/3/Euratom will be revised to cover all Parties of this Agree- ment which are not members of the Community. Until then, the Community will act, as if the abovementioned parties would already be covered.
The Parties shall make every effort to sign and ratify as quickly as possible the Ba- sle Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, as well as the 1995 amendment to the Convention, as laid down in Decision III/1.
DECLARATION X ACP Declaration on trade and environment
The ACP States are seriously concerned about environmental problems in general and the transboundary movement of hazardous, nuclear and other radioactive wastes in particular.
In interpreting and implementing the provisions of Article 32(1)(d) of the Agreement, the ACP States have expressed their determination to be guided by the principles and the provisians of the OAU Resolution on the Control of Transboundary Movements of Hazardous Wastes and their Disposal in Africa as contained in AHG 182 (XXV).
DECLARATION XI Joint Declaration on the ACP cultural heritage
1, The Parties express their common will to promote the preservation and en- hancement of the cultural heritage of each ACP country, at the international, bi- lateral and private level and in the context of this Agreement.
2. The Parties acknowledge the need to facilitate the access of ACP historians and researchers to archives with a view to promoting the development of exchange of information on the cultural heritage of ACP States.
3. They acknowledge the usefulness of providing assistance for the appropriate activities conducted especially in the area of training, for the preservation, protec- tion and exhibition of cultural properties, monuments and objects, including the promulgation and implementation of appropriate legislation.
4, They underpin the importance of undertaking common cultural activities, fa- cilitating the mobility of ACP and European artists, as well as the exchanges of cultural objects which are symbolic of their cultures and civilisations with a view to enhancing mutual understanding and solidarity between their respective populations.
DECLARATION XII Declaration by the ACP States on return or restitution of cultural property
The ACP States urge the Community and its Member States, insofar as they ac- knowledge the legitimate right of the ACP States to cultural identity, to promote the return or restitution of cultural property taken from ACP States and now to be found in Member States.
DECLARATION XIII Joint Declaration on copyright
The Parties acknowledge that promotion of copyright protection is an integral part of cultural cooperation, the aim of which is to enhance all forms of human expression, Furthermore, such protection is a prerequisite for nurturing and devel- oping production, dissemination and publishing activities.
Consequently, the two Parties shall, in the context of ACP EC cultural cooperation, seek to promote and foster respect for copyright and related rights.
In this context, and in accordance with the rules and procedures laid down by the Agreement, the Community may offer financial and technical support for dis- seminating copyright information, training economic operators in the protection of such rights and drafting national legislation for their better protection.
DECLARATION XIV Joint Declaration on regional cooperation and the outermost regions (Article 28)
The reference to the outermost regions concems the Spanish autonomous com- munity of the Canary Islands, the four French overseas departments, namely Guadeloupe, Guyana, Martinique and Réunion, and the Portuguese autonomous regions of the Azores and Madeira.
DECLARATION XV Joint Declaration on accession
Any accession of a third state to this Agreement shall be made in compliance with the provisions of Article 1 and the objectives of Article 2 laid down by the ACP Group in the Georgetown Agreement as amended in November 1992.
DECLARATION XVI Joint Declaration on accession of the overseas countries and territories referred to in Part Four of the EC Treaty
The Community and the ACP States are prepared to allow the overseas countries and territories referred to in Part Four of the Treaty which have become independent to accede to this Agreement, if they wish to continue their relations with the Com- munity in this farm.
DECLARATION XVII Joint Declaration on Article 66 (debt relief) of the Agreement
The Parties agree on the following principles: (a) In the longer term, the Parties will seek an improvement of the Heavily Indebt-
ed Poor Countries initiative and promote a deepening, broadening and speed- ing up debt relief to ACP Countries;
(b) The Parties will alsa seek the mobilisation and establishment of support mech- anisms for debt reduction in favour of ACP countries who are not yet eligible for the HIPC initiative.
DECLARATION XVIII EU Declaration on the Financial Protocol
Within the overall amount of EUR 13 500 million of the 9th EDF, EUR 12 500 mil- lion shall be made available immediately upon the entry into force of the Financial Protocol. The remaining EUR 1 000 million shall be released on the basis of the performance review referred to in paragraph 7 of the Financial Protocol that shall be undertaken in 2004,
In evaluating the need for new resources, full account shall be taken of this perfor- mance review as well as of a date beyond which the funds of the 9th EDF will not be cammitted.
DECLARATION XIX Declaration by the Council and the Commission on the Programming Process
The Community and its Member States reaffirm their attachment to the agree- ment on a reform of the programming process for implementation of assistance financed from the 9th EDF.
In this context, the Community and its Member States regard a properly imple- mented review mechanism as the most important tool for successful program- ming. The review process that has been agreed for governing the implementation of the 9th EDF will ensure continuity in the programming process while allowing for regular adjustments of the Country Support Strategy to reflect developments in needs and performance of the ACP State concerned.
In order to reap the full benefits of the reform and ensure the efficiency of the programming process, the Community and its Member States reaffirm the politi- cal commitment to the following principles:
The reviews must as far as possible be carried out in the ACP State concerned. Localising the reviews shall not imply that the Member States or the Commission Headquarters shall be prevented from following and being involved in the pro- gramming process as appropriate.
The time frames that have been set for completion of the reviews shall be respected.
The reviews must not be an isolated event in the programming process. The reviews shall be regarded as management tools, which synthesise the results of the regular (monthly) dialogue between the National Authorising Officer and the Commission's Head of Delegation.
The reviews must not increase the administrative burden of either of the Parties concerned, The procedures and reporting requirements surrounding the program- ming process must therefore be managed in a disciplined manner. To this end, the respective roles of the Member States and the Commission in the decision making process will be reviewed and adapted.
DECLARATION XX Joint Declaration on the Impact of Export Revenue Fluctuations on Vulnerable Small, Island and Landlocked ACP States
The Parties note the concern of ACP States that the modalities of the mechanism for additional support to countries suffering from fluctuation of export revenues may not provide sufficient support to vulnerable small, island and landlocked states subject to volatile export revenues,
From the second year of operation of the mechanism, and on request of one or more ACP States who have met with difficulties, the Parties agree to re-examine the modalities of the mechanism on the basis of a proposal from the Commission, with a view, where necessary, to remedy the effects of such fluctuations.
DECLARATION XXI Community Declaration on Article 3 of Annex IV
The notification of the indicative amount referred to in Article 3 of Annex IV, will not apply to the ACP States with whom the Community has suspended its cooperation.
DECLARATION XXII [Obsolete]
DECLARATION XXIII
[Obsolete]
DECLARATION XXIV
[Obsolete]
DECLARATION XXV
[Obsolete]
DECLARATION XXVI
[Obsolete]
DECLARATION XXVII
[Obsolete]
DECLARATION XXVIII
Joint Declaration on cooperation between ACP States and the neighbouring overseas countries and territories and French overseas departments The Parties shall encourage greater regional cooperation in the Caribbean, the Pacific and the Indian Ocean involving ACP States and the neighbouring overseas countries and territories and French overseas departments. The Parties call upon interested Parties to consult each other on the procedure for promoting such cooperation and, in this context, to take measures, in line with their respective policies and their specific situation in the region, which will permit initiatives in the economic field, including the development of trade, as well as in the social and cultural fields. Where there are trade agreements involving French overseas departments, such agreements may provide for specific measures in favour of products from those departments. Issues relating to cooperation in these different areas shall be brought to the attention of the Council of Ministers, so that it can be duly informed of the progress achieved.
DECLARATION XXIX
[Obsolete]
DECLARATION XXX
[Obsolete]
DECLARATION XXXI
[Obsolete]
DECLARATION XXXIf
[Obsolete]
DECLARATION XXXIil
[Obsolete]
DECLARATION XXXIV
[Obsolete]
DECLARATION XXXV
[Obsolete]
DECLARATION XXXVI
[Obsolete]
DECLARATION XXXVII
[Obsolete]
DECLARATION XXXVIII
[Obsolete]
DECLARATION XXXIX [Obsolete] DECLARATION XL [Obsolete] DECLARATION XLI [Obsolete] DECLARATION XLH [Obsolete]
DECLARATION XLII
[Obsolete]
Luxembourg, 25 June 2005 (OJ L 287, 28.10.2005)
DECLARATION I Joint declaration on article 8 of the Cotonou Agreement
In relation to dialogue at national and regional levels, for the purposes of Article 8 of the Cotonou Agreement, the ‘ACP Group’ shall be taken to mean the Troika of the ACP Committee of Ambassadors (CoA) and the Chairperson of the ACP Subcommittee on Political, Social, Humanitarian and Cultural Affairs (PSHCA); the Joint Parliamentary Assembly (JPA) shall be interpreted as the Co-Presidents of the JPA, or their designated nominees.
DECLARATION If Joint declaration on article 68 of the Cotonou Agreement
The ACP-EC Council of Ministers will examine, in application of the provisions contained in Article 100 of the Cotonou Agreement, the proposals of the ACP side concerning Annex II thereof on short-term fluctuations in export earnings (FLEX).
DECLARATION Il Joint declaration on annex la
Should the Agreement amending the Cotonou Agreement not have entered into force by 1 January 2008, cooperation shall be financed from the balances of the 9th EDF and from the previous EDFs.
DECLARATION IV Joint declaration on article 3(4) of annex IV
For the purposes of Article 3(4) of Annex IV, ‘special needs’ are needs resulting from exceptional or unforeseen circumstances, such as post-crisis situations; ‘exceptional performance’ means a situation in which, outside the mid-term and end-of-term reviews, a country’s allocation is totally committed and additional funding from the national indicative programme can be absorbed against a background of effective poverty-reduction policies and sound financial management
DECLARATION V Joint declaration on article 9(2) of annex IV
For the purposes of Article 9(2) of Annex IV, ‘new needs’ are needs resulting from exceptional or unforeseen circumstances, such as post-crisis situations; ‘exceptional performance’ means a situation in which, outside the mid term and endof-term reviews, a region’s allocation is totally committed and additional funding from the regional indicative programme can be absorbed against a background of effective regional integration policies and sound financial management.
DECLARATION VI Joint declaration on article 12(2) of annex IV
For the purposes of Article 12(2) of Annex IV, ‘new needs’ are needs which may arise from exceptional or unforeseen circumstances, such as those arising from new commitments to international initiatives or to address challenges which are common to ACP countries
DECLARATION Vil Joint declaration on article 13 of annex IV
In view of the particular geographic situation of the Caribbean and Pacific regions, the ACP Council of Ministers or the ACP Committee of Ambassadors may, notwith- standing Article 13(2)(a) of Annex IV, present a specific funding request for one or the other of these regions.
DECLARATION VIIt Joint declaration on article 19A of annex IV
In accordance with Article 100 of the Cotonou Agreement, the Council of Ministers will examine the provisions of Annex IV concerning the awarding and performance of contracts with a view to adopting them before the Agreement amending the Cotonou Agreement enters into force.
DECLARATION IX Joint declaration on article 24(3) of annex IV
The ACP States will be consulted, a priori, on any amendments to the Community rules referred to in Article 24(3) of Annex IV.
DECLARATION X Joint declaration on article 2 of annex VII
The internationally recognised standards and norms are those of the instruments referred to in the Preamble of the Cotonou Agreement.
DECLARATION XI Community declaration on articles 4 and 58(2) of the Cotonou Agreement
For the purpose of Articles 4 and 58(2), it is understood that the term ‘local decentralised authorities’ covers all levels of decentralisation including ‘collectivités locales’.
DECLARATION XII Community declaration on article 11A of the Cotonou Agreement
Financial and technical assistance in the area of cooperation in the fight against terrorism will be financed by resources other than those intended for the financing of ACP-EC development cooperation.
DECLARATION XIII Community declaration on article 11B(2) of the Cotonou Agreement
It is understood that the measures set out in Article 11B(2) of the Cotonou Agree- ment will be undertaken within an adapted timeframe that takes into account each country specific constraints.
DECLARATION XIV Community declaration on articles 28, 29, 30 and 58 of the Cotonou Agreement and on article 6 of Annex IV
The implementation of the provisions regarding regional cooperation where non- ACP countries are involved will be subject to the implementation of equivalent provisions in the framework of the Communityâs financial instruments on coop- eration with other countries and regions of the world. The Community will inform the ACP Group upon the entry into force of these equivalent provisions.
DECLARATION XV European Union declaration on annex la
1. The European Union undertakes to propose at the earliest opportunity, if at all possible by September 2005, an exact amount for the multiannual financial framework for cooperation under the Agreement amending the Cotonou Agree- ment and its period of application.
2. The minimum aid effort referred to in paragraph 2 of Annex la is guaranteed, without prejudice to the eligibility of the ACP countries for additional resources under other financial instruments which already exist or, potentially, may be cre- ated in support of actions in areas such as emergency humanitarian aid, food security, poverty-related diseases, support for the implementation of the Eco- nomic Partnership Agreements, support for the measures envisaged following the reform of the sugar market, and relating to peace and stability.
3. The deadline for the commitment of funds of the 9th EDF, fixed at 31 Decem- ber 2007, could be reviewed if necessary.
DECLARATION XVI Community declaration on articles 4(3), 5(7), 16(5) and (6) and 17(2) of annex IV
These provisions are without prejudice to the role of the Member States in the decision making process.
DECLARATION XVII Community declaration on article 4(5) of annex IV
Article 4(5) of Annex IV and the return to the standard management arrangements will be implemented by means of a Council decision based on a Commission proposal. This decision will be duly notified to the ACP Group
DECLARATION XVIII Community declaration on article 20 of annex IV
The provisions of Article 20 of Annex IV will be implemented in accordance with the principle of reciprocity with other donors.
DECLARATION XIX Community declaration on articles 34, 35 and 36 of annex IV
The detailed respective responsibilities of management and executing agents of Fund resources are included in a manual on procedures upon which ACP States will be consulted in accordance with Article 12 of the Cotonou Agreement. The manual will be made available to ACP States from the entry into force of the Agreement amending the Cotonou Agreement. Any amendments to the manual will be subject to the same procedure.
DECLARATION XX Community declaration on article 3 of annex VII
As regards the modalities foreseen in Article 3 of Annex VII, the position to be taken by the Council of the European Union within the Council of Ministers will be based on a proposal by the Commission.
Declarations concerning the multi-annual financial framework for the period 2008 to 2013 agreed at the 31st session of the ACP-EC Council of Ministers Port Moresby, Papua New Guinea, 1 and 2 June 2006
1. EPAs: EU Declaration
The Economic Partnership Agreements, as development instruments, aim to foster smooth and gradual integration of the ACP States into the world economy, especial- ly by making full use of the potential of regional integration and South-South trade.
The Commission reconfirms the importance of further steps towards coherent re- gional integration and sectoral policy reforms, and that the gradually arising needs from the implementation of EPAs will be taken into account in the programming dia- logue with the ACP on the end of term review of the 9th EDF and on the resources of the 10th EDF, covering the time period after the entry into force on 1 January 2008.
Moreover, the European Union recalls its commitments to substantially increase Aid for Trade by 2010 in addition to the EDF resources.
2. Decommitted funds: Community Declaration
Based on the performance review in 2010 and a proposal by the Commission, the Council of the European Union will consider a decision by unanimity on the transfer of any funds decommitted from ACP projects funded out of the 9th and previous EDFs into the reserves of the 10th EDF, Given the important develop- ment objectives pursued by EPAs, the Council of the European Union will, in its consideration, also pay attention to giving further support to structural adjust- ment costs and other development needs in the implementation of EPAs.
3. interest subsidies: Community Declaration
Acknowledging the high adaptation costs to which the sugar protocol countries are confronted as a result of the EC sugar reforms, the EIB shall endeavour to direct part of the resources of the Investment Facility and of its own resources towards investments in the sugar sector of the ACP sugar protocol countries. An amount of up to EUR 100 million shall be mobilised where applicable and on the basis of the eligibility criteria set out in Annex II to the Cotonou Agreement from the envelope for grants for the financing of the interest rate subsidies foreseen in paragraph 2(c) of Annex I(b) to the Cotonou Agreement.
Ouagadougou, 22 June 2010 (OJ L 287, 4.11.2010)
DECLARATION I Joint declaration on support for market access in the ACP-EC partnership
The Parties recognise the significant value of preferential market access conditions to ACP economies, specifically for the commodity and other agro- industry sectors which are of critical importance to the economic and social development of the ACP States and constitute a major contribution to em- ployment, export earnings and Government revenue.
The Parties acknowledge that some sectors have been undergoing, with EU support, a process of transformation aimed at allowing ACP exporters con- cerned to compete in the EU and the international markets, including through the development of branded and other value added products.
They also recognise that additional support could be necessary where greater liberalisation of trade may lead to deeper alteration of market access conditions for ACP producers, To that end, they agree to examine all necessary measures in order to maintain the competitive position of the ACP States in the EU mar- ket, Such examination may include rules of origin, sanitary and phytosanitary measures and implementation of specific measures addressing supply side con- straints in the ACP States. The objective will be to enable ACP States to exploit their existing and potential comparative advantage in the EU market,
When assistance programmes are developed and resources provided, the Par- ties agree to conduct periodic evaluations to assess progress and the results attained and decide on appropriate additional measures to be implemented.
The Joint Ministerial Trade Committee shall monitor the implementation of this Declaration and make appropriate reports and recommendations to the Council of Ministers.
DECLARATION If Joint declaration on migration and development (Article 13)
The Parties agree to strengthen and deepen their dialogue and cooperation in the area of migration, building on the following three pillars of a comprehen- sive and balanced approach to migration:
1. Migration and Development, including issues relating to diasporas, brain drain and remittances;
2. Legal migration including admission, mobility and movement of skills and services; and