(b) gradually improving the conditions of air transport, rail, road and multimodal transit, as well as the management of roads, railways, ports and airports, and maritime and air traffic;
(c) improving the safety of air and maritime traffic by improving aids to navigation and training to enable efficient programmes.
Article 60. Tourism
1. The Parties will cooperate with the aim of strengthening the development of a competitive tourism industry. In this context the Parties in particular agree:
(a) to promote the development of the tourism industry as a generator of economic growth and empowerment, employment and foreign exchange;
(b) to seek to establish a strategic alliance involving public, private and community interests in order to ensure the sustainable development of tourism;
(c) to carry out joint operations in such areas as the development of products and markets, human resources and institutional structures;
(d) to cooperate on tourism training and capacity building in order to improve service standards;
(e) to cooperate in promoting and developing community-based tourism through pilot projects in rural areas;
(f) to facilitate liberal movement of tourists.
2. The Parties agree that cooperation in the field of tourism will be based, inter alia, on the following guidelines:
(a) respecting the integrity and interests of local communities, particularly in rural areas;
(b) stressing the importance of cultural heritage;
(c) facilitating training, know-how transfer and awareness creation in the wider community;
(d) providing positive interaction between tourism and environmental preservation;
(e) promoting regional cooperation in southern Africa.
Article 61. Agriculture
1. Cooperation in this area shall be aimed at the promotion of integrated, harmonious and sustainable rural development in South Africa. Cooperation will in particular be geared:
(a) to modernise and restructure, where appropriate, the agricultural sector through methods including the modernisation of infrastructure and equipment, the development of packaging and storage techniques and the improvement of private distribution and marketing chains;
(b) to facilitate the development and the enhancement of competitiveness of farmers from previously disadvantaged communities and the provision of appropriate agricultural services in this regard;
(c) to diversify and develop output and external markets;
(d) to achieve and develop cooperation in animal health, plant health and agricultural production techniques;
(e) to examine measures to harmonise standards and rules on animal and plant health, with a view to facilitating trade, taking into account the legislation in force for both Parties and in conformity with the rules of the WTO.
2. Cooperation will take place, inter alia, through the transfer of know-how, the establishment of joint ventures and capacity building programmes.
Article 62. Fisheries
Cooperation in this area shall aim at promoting sustainable management and use of fisheries resources in the long-term interest of both Parties. This will be achieved by exchanges of information and the design and implementation of agreed arrangements which may address the economic, commercial, developmental, scientific and technical aspirations of the Parties. These arrangements will be set out in a separate mutually beneficial fisheries agreement which the Parties undertake to seek to complete as soon as possible.
Article 63. Services
The Parties agree to foster cooperation in the services sector in general and in the area of banking, insurance and other financial services in particular, through, inter alia:
(a) encouraging trade in services;
(b) exchanging, where appropriate, information on rules, laws and regulations governing the services sector in the Parties;
(c) improving accounting, auditing, supervision and regulation of financial services and financial monitoring, for example through the facilitation of training schemes.
Article 64. Consumer Policy and Protection of Consumer Health
Parties shall start cooperation in the area of consumer policy and consumer health protection, in particular aiming at:
(a) establishing systems of mutual information on domestically prohibited and dangerous products;
(b) exchanging information and experience on the establishment and operation of post-market surveillance of products and product safety;
(c) improving information provided to consumers especially on prices, characteristics of products and services offered;
(d) encouraging exchanges between consumer interest representatives;
(e) increasing systems; the compatibility of consumer policies and
(f) exchange of information on increasing consumer awareness through information and education;
(g) notifying enforcements and cooperation between the Parties in investigating harmful or unfair business practices;
(h) exchange of information on effective ways of redressing any wrongs to consumers victimised by illegal activities.
Title V. DEVELOPMENT COOPERATION
Section A. General
Article 65. Aims
1. Development cooperation between the Community and South Africa shall be conducted in a context of policy dialogue and partnership, and shall support the policies and reforms carried out by the national authorities.
2. In particular, development cooperation shall contribute to South Africa's harmonious and sustainable economic and social development and to its insertion into the world economy and to consolidate the foundations laid for a democratic society and a state governed by the rule of law in which human rights in their political, social and cultural aspects and fundamental freedoms are respected.
3. Within this context, priority shall be given to supporting operations, which help the fight against poverty.
Article 66. Priorities
1. The areas of development cooperation will mainly concern the following:
(a) support for policies and instruments towards the progressive integration of the South African economy into the world economy and trade, for expansion of employment, for development of sustainable private enterprises, for regional cooperation and integration. In this context, special attention will be given to providing support to the adjustment efforts occasioned in the region by the establishment of the free-trade area under this Agreement, especially in the SACU;
(b) enhancement of living conditions and delivery of basic social services;
(c) support to democratisation, the protection of human rights, sound public management, the strengthening of civil society and its integration in the development process.
2. Dialogue and partnership between public authorities and non-governmental development partners and actors will be promoted.
3. Programmes shall be focused on the basic needs of the previously disadvantaged communities and reflect the gender and environmental dimensions of development.
Article 67. Eligible Beneficiaries
Cooperation partners eligible for financial and technical assistance shall be national, provincial and local authorities and public bodies, non-governmental organisations and community-based organisations, regional and international organisations, institutions and public or private operators. Any other body could be made eligible if so designated by both Parties.
Article 68. Means and Methods
1. The means that may be deployed under the cooperation operations referred to in Article 66 shall include in particular studies, technical assistance, training or other services, supplies and works, and also evaluation and monitoring audits and missions.
2. Community financing, in local or foreign currency, depending on the needs and nature of the operation, may cover:
(a) government budget expenditures to support reforms and policy implementation in the priority sectors identified through a policy dialogue;
(b) investment (with the exception of the purchase of buildings) and equipment;
(c) in certain cases and in particular where a programme is implemented by a non-government partner, recurrent expenditure.
3. Contribution from the partners defined in Article 67 shall in principle be required for each cooperation operation. The nature and amount of this contribution shall be adapted to the possibilities of the partner and the nature of operations.
4. Opportunities may be sought for coherence and complementarity with other providers of funds, particularly the Member States of the European Union. 5. Appropriate steps will be taken by both Parties to ensure that the Community character of development cooperation under this Agreement is made known to the general public.
Article 69. Programming
1. Multiannual indicative programming based on specific objectives derived from the priorities in Article 66 and indicating modalities for the preparation, implementation and monitoring of the development cooperation and resulting operations during a reference period shall be carried out in the context of close contacts between the Community and the South African Government with the contribution of the European Investment Bank. The outcome of programming discussions shall be set out in a multiannual indicative programme signed by both Parties.
2. Detailed operational procedures and provisions for implementation and monitoring of the development cooperation shall be attached to the multiannual indicative programme.
Article 70. Project Identification, Preparation and Appraisal
1. The identification and preparation of development operations shall be the responsibility of the Government of South Africa National Authorising Officer as defined in Article 80, or any other eligible beneficiary defined in Article 67.
2. Project or programme dossiers submitted for financing by the Community must contain all the information necessary for their appraisal. Such dossiers shall be officially transmitted to the Head of Delegation by the National Authorising Officer or the other eligible beneficiaries.
3. The appraisal of development operations shall be undertaken jointly by the National Authorising Officer and/or the other eligible beneficiaries and the Community.
Article 71. Financing Proposal and Decision
1. The conclusions of the appraisal shall be summarised by the Head of Delegation in a financing proposal prepared in close collaboration with the National Authorising Officer and/or the requesting partner.
2. The Commission shall finalise the financing proposal and forward it to the Community's decision-making body.
Article 72. Financing Agreements
1. Any project or programme approved by the Community shall be covered by:
(a) either a financing agreement drawn up between the Commission, acting for the Community, and the National Authorising Officer acting for the Government of South Africa, or the eligible beneficiary;
(b) or a contract with international organisations or legal bodies, physical persons or any other operator defined in Article 67 responsible for carrying out the project or programme.
2. All financing agreements or contracts shall provide for on-the-spot checks by the Commission and the European Court of Auditors.
Section B. Implementation
Article 73. Eligibility of Contractors and Supplies
1. Participation in invitations to tender and contracts shall be open on equal terms to all natural and legal persons in the Member States of the European Union, South Africa and the ACP States. Participation may be extended to include other developing countries in duly substantiated cases and in order to ensure the best cost-effectiveness ratio.
2. Supplies shall originate in the Member States, South Africa or the ACP States. In duly substantiated exceptional cases, they may originate in other countries.
Article 74. Contracting Authority
1. Works, supply and service contracts shall be prepared, negotiated and concluded by the eligible beneficiary, in agreement and in collaboration with the Commission.
2. The eligible beneficiary may request the Commission to prepare, negotiate and conclude service contracts on their behalf, directly or through its relevant agency.
Article 75. Procurement Procedures
Procedures for procurement or for contracts financed by the Community are laid down in the general clauses attached to the financing agreements.
Article 76. General Regulations and Conditions
The award and performance of works, supply and service contracts financed by the Community shall be governed by this Agreement and by the respective general regulations for works, supply and service contracts and general conditions as adopted by decision of the Cooperation Council.
Article 77. Settlement of Disputes
Any dispute arising between South Africa and a contractor, supplier or provider of services during the performance of a contract financed by the Community shall be settled by arbitration according to the procedural rules on conciliation and arbitration of contracts as adopted by decision of the Cooperation Council.
Article 78. Fiscal and Customs Arrangements
1. The South African Government shall apply to all contracts financed by the Community a full exemption from fiscal and custom duties and/or taxes or charges having an equivalent effect.
2. The details of the arrangements, referred to in paragraph 1 shall be established by means of an Exchange of Letters between the South African Government and the Commission.
Article 79. Chief Authorising Officer
The Commission will appoint a chief authorising officer who shall be responsible for managing resources made available by the Community for development cooperation with South Africa.
Article 80. National Authorising Officer and Paying Agent
1. The South African Government shall appoint a national authorising officer to represent it in all operations relating to projects financed by the Commission which are the subject of a financing agreement between South Africa and the Community. A paying agent shall also be appointed.
2. Obligations and tasks of the chief authorising officer and the national authorising officer and the paying agent shall be established by way of an exchange of instruments between the South African Government and the Commission in accordance with the provisions of the financial regulations of the Commission applicable to preferential agreements.
Article 81. Head of Delegation
1. The Commission is represented in South Africa by the Head of Delegation who ensures, together with the national authorising officer, the implementation, monitoring and follow-up of the financial and technical cooperation in conformity with the principles of sound financial management and the provisions of this Agreement. In particular, the Head of Delegation shall be granted powers to facilitate and expedite the preparation, appraisal and execution of projects and programmes.
2. The South African Government shall accord to the Head of Delegation and the officials from the Commission appointed in South Africa privileges and immunities in accordance with the Vienna Convention on Diplomatic Relations of 1961.
3. In defining the tasks and obligations of the national authorising officer and the head of delegation, the Parties shall seek to ensure the greatest degree of local management of projects and programmes as well as compatibility and coherence with practices applying in the other ACP States.
Article 82. Monitoring and Evaluation
1. The objective of monitoring and evaluation shall consist in the external assessment of development operations (preparation, implementation and subsequent operation), with a view to improving the development effectiveness of ongoing and future operations. This work shall be done jointly by South Africa and the Community.
2. Monitoring and evaluation of the cooperation shall be done jointly by South Africa and the Community. Annual consultations may be held to assess progress and agree on the measures to be taken to adapt and improve implementation of the multiannual indicative programme and to prepare for future operations.
Title VI. COOPERATION IN OTHER AREAS
Article 83. Science and Technology
The Parties undertake to intensify scientific and technological cooperation. Detailed arrangements for the implementation of this objective have been set out in a separate agreement, which entered into force in November 1997.
Article 84. Environment
1. The Parties will cooperate to pursue sustainable development through the rational use of non-renewable natural resources and the sustainable use of renewable natural resources, thus promoting protection of the environment, prevention of its deterioration and the control of pollution. The Parties will aim to improve the quality of the environment and work together to combat global environmental problems.
2. The Parties will give special consideration to the development of capacity in environmental management. There will be dialogue on the identification of environmental priorities. The impact of past South African policies on the state of the environment will be reviewed and addressed where possible.
3. The cooperative relationship will involve, inter alia, matters relating to urban development and land use for agricultural and non-agricultural purposes; desertification; management of waste, including hazardous and nuclear waste; management of dangerous chemicals; conservation and sustainable use of biological diversity; the sustainable management of forestry resources; water quality control; control of pollution from industrial and other sources; control of coastal and marine pollution and the management of marine resources; integrated water catchment management, including management of international river basins; water demand management and issues surrounding the reduction of greenhouse gas emissions.
Article 85. Culture
1. The Parties undertake to cooperate in the sphere of culture in order to promote a thorough knowledge and better understanding of cultural diversities within South Africa and the European Union. Parties will clear obstacles to intercultural communication and cooperation, and will stimulate awareness of the interdependence of peoples of different cultures. They will foster participation by the population of South Africa and the European Union in the process of reciprocal cultural enrichment.
2. Cultural contacts will aim at preserving and enhancing the cultural heritage and producing and disseminating cultural goods and services. The widest possible use shall be made of national, regional and interregional communications media and infrastructure to facilitate cultural contacts, while promoting respect for copyright and related rights.
3. The Parties will cooperate in cultural events and exchanges among institutions and associations from South Africa and the European Union.
Article 86. Social Issues
1. The Parties will engage in a dialogue on social cooperation. This shall include, but not necessarily be limited to, questions relating to the social problems of post-apartheid society, poverty alleviation, unemployment, gender equality, violence against women, children's rights, labour relations, public health, safety at work and population.
2. The Parties consider that economic development must be accompanied by social progress. They recognise the responsibility to guarantee basic social rights, which specifically aim at the freedom of association of workers, the right to collective bargaining, the abolition of forced labour, the elimination of discrimination in respect of employment and occupation and the effective abolition of child labour. The pertinent standards of the ILO shall be the point of reference for the development of these rights.
Article 87. Information
The Parties shall take appropriate measures to promote and encourage an effective mutual exchange of information. Priority shall, inter alia, be given to ensuring the spread of information on cooperation between South Africa and the Community. In addition, the Parties shall endeavour to provide basic information about South Africa and the European Union for the general public, and specialised information about European Union policies for specific audiences in South Africa as well as specialised information about South African policies for specific audiences in the European Union.
Article 88. Press and Audiovisual Media
The Parties shall encourage cooperation in the field of press and audiovisual media, in order to support the further development and fostering of independence and pluralism in the media. Cooperation shall be sought, inter alia, through:
(a) promotion of the development of human resources, in particular through training and exchange programmes for journalists and media professionals;
(b) encouragement of wider access to sources of information for the media;
(c) exchange of technical know-how and information;
(d) production of audiovisual programmes.
Article 89. Human Resources
1. The Parties shall cooperate in order to enhance the value of human resources in South Africa in all areas covered by the Agreement. Cooperation shall aim to strengthen institutional capacity in the government's key human resource development areas, paying special attention to the most disadvantaged sections of the population.
2. In order to develop the level of expertise of senior staff in the public and private sectors, the Parties shall step up their cooperation on education and vocational training and cooperation between educational institutions and firms. Particular attention shall be paid to promote the establishment of permanent links between specialised bodies in the European Union and South Africa so as to encourage the pooling and exchange of experience and technical resources.
3. The Parties shall encourage the exchange of information in order to foster cooperation on the recognition of degrees and diplomas by the relevant authorities.
4. The parties shall encourage linkage and cooperation between institutions of higher learning, for example universities.
Article 90. Fight Against Drugs and Money Laundering
The Parties undertake to cooperate in the fight against drugs and money laundering by:
(a) promoting the South African drugs control master plan and enhancing the effectiveness of South African and southern African regional programmes to counter the illegal abuse of narcotic drugs and psychotropic substances as well as the production, supply and trafficking of these substances, based on the relevant international UN Drugs Control Conventions;
(b) preventing the use of their financial institutions to launder capital arising from criminal activities in general and from drugs trafficking in particular on the basis of standards equivalent to those adopted by international bodies, in particular the Financial Action Task Force (FATF), and
(c) preventing the diversion of precursor chemicals and other essential substances used for the illicit production of narcotic drugs and psychotropic substances on the basis of the standards adopted by international authorities concerned, notably those of the Chemical Action Task Force (CATF).
Article 91. Data Protection
1. The Parties shall cooperate to improve the level of protection to the processing of personal data, taking into account international standards.
2. Cooperation on personal data protection may include technical assistance in the form of exchanges of information and experts and the establishment of joint programmes and projects.
3. The Cooperation Council shall periodically review the progress made in this regard.
Article 92. Health
1. The Parties shall cooperate to improve the mental and physical health of populations by promoting health, and preventing disease.
2. In the field of public health the Parties shall cooperate by sharing knowledge and experience on programmes which, inter alia, disseminate information, improve the education and training of public health professionals, monitor disease and develop health information systems, decrease risks from lifestyle related diseases, prevent and control HIV/AIDS and other communicable diseases.
3. Cooperation in the field of safety and health at work shall include exchange of information on legislative and non-legislative measures to prevent accidents, occupation related diseases and occupation related health risks.
4. Cooperation in the pharmaceutical field may include support in the evaluation and registration of medicinal products.