4. Nothing in this Agreement shall prevent the EU from applying existing measures aimed at addressing the structural social and economic situation of its outermost regions pursuant to Article 349 of the TFEU. This provision shall not permit the maintenance of tariffs on trade between the Parties other than those permitted pursuant to paragraph 2 of PART IlI of ANNEX 1.
Article 110. Relations with the Cotonou Agreement
1. With the exception of development cooperation provisions provided for in Title Il of Part 3 of the Cotonou Agreement, in case of any inconsistency between the provisions of this Agreement and the provisions of Title Il of Part 3 of the Cotonou Agreement, the provisions of this Agreement shall prevail to the extent of such inconsistency.
2. Nothing in this Agreement shall be construed so as to prevent the adoption by either Party of appropriate measures pursuant to the Cotonou Agreement. Artide 111 Relations with the TDCA
The relationship between this Agreement and the TDCA shall be governed by the provisions of Protocol 4.
Article 112. Relations with the WTO Agreement
The Parties agree that nothing in this Agreement requires them to act in a manner inconsistent with their WTO obligations.
Article 113. Entry Into Force (1)
1. This Agreement shall be signed, ratified or approved in accordance with the applicable constitutional or internal rules and procedures of each Party.
2. This Agreement shall enter into force thirty (30) days following the deposit of the last instrument of ratification, acceptance or approval.
3. Pending entry into force of this Agreement, the EU and the SADC EPA States agree to apply the provisions of this Agreement which fall within their respective competences ("provisional application"). This may be effected either by provisional application, where possible, or by ratification of this Agreement.
4. This Agreement shall be applied provisionally between the EU and a SADC EPA state ten (10) days after either the receipt of notification of provisional application from the EU or of ratification or provisional application from that SADC EPA state, whichever is the later.
5. Provisional application of this Agreement between the EU and a Member of SACU shall exclude the agricultural market access concessions and the fisheries market access concessions referred to in Article 24(2) and Article 25(1), that are denoted by an asterisk (*) in the tariff schedules as set out in Annexes I and II, until such time as all members of SACU have ratified or provisionally applied this Agreement.
6. Provisional application or entry into force of this Agreement between the EU and a Member of SACU shall exclude the agricultural market access concessions referred to in Article 24(2) and Article 25(1), that are denoted by an asterisk (*) in the tariff schedules as set out in Annexes I and I, until such time as the conditions set out in Article 16 of Protocol 3 are met.
7. Notifications regarding the provisional application or ratification shall be sent to the Secretary-General of the Council of the European Union, who shall be the depository of this Agreement. Certified copies of the notifications shall be lodged with the Executive Secretary of the SADC Secretariat
8. If pending the entry into force of this Agreement, the Parties decide to apply it provisionally, all references in this Agreement to the date of entry into force shall be deemed to refer to the date such provisional application takes effect.
Article 114. Duration
1. This Agreement shall be valid indefinitely.
2. Hither Party may give written notice of its intention to denounce this Agreement.
3. Denunciation shall take effect six (6) months after the notification referred to in paragraph 2.
Article 115. Territorial Application
1. This Agreement shall apply, on the one hand, to the territories in which the TEU and TFEU are applied and under the conditions laid down in those Treaties, and, on the other hand, to the territories of the SADC EPA States.
2. References in this Agreement to âterritoryâ shall be understood in this sense.
Article 116. Revision Clause
1. The Parties agree to review this Agreement in its entirety no later than five (5) years after its entry into force. Such review is without prejudice to instances of adjustments, reviews or revisions otherwise provided for in this Agreement, such as those contemplated under Articles 12(2), 16(8), 17(5), 18(5), 26(10), 33(3), 35(6) and 65(e).
2. As regards the implementation of this Agreement, either Party may make suggestions oriented towards adjusting trade-related cooperation, taking into account the experience acquired during the implementation thereof.
3. The Parties agree that this Agreement may need to be reviewed in light of further developments in international economic relations and in the light of the expiration of the Cotonou Agreement.
Article 117. Amendments
1. Any Party may submit proposals for amendments to this Agreement to the Joint Council for consideration and adoption.
2. Amendments to this Agreement shall, after adoption by the Joint Council, be submitted to the Parties for ratification, acceptance or approval in accordance with their respective constitutional or internal legal requirements.
Article 118. Accession of New EU Member States
1. The Joint Council shall be advised of any request made by a third State to become a member of the EU. During the negotiations between the EU and the applicant State, the EU shall provide the SADC EPA States with any relevant information. The SADC EPA states shall convey their concerns, and may request consultations, to the EU so that the EU can take them fully into account. The SADC EPA States shall be notified by the EU of any accession to the EU.
2. Any new Member State of the European Union shall accede to this Agreement from the date of its accession to the EU by means of a clause to that effect in the act of accession. If the act of accession to the Union does not provide for such automatic accession of the EU Member State to this Agreement, the EU Member State concerned. shall accede by depositing an act of accession with the General Secretariat of the Council of the European Union, which shall send certified copies to the SADC EPA States.
3. The Parties shall review the effects of the accession of new EU Member States on this Agreement. The Joint Council may decide on any transitional or amending measures that might be necessary.
Article 119. Accession
1. A third state or organisation having competence for the matters covered by this Agreement may request to accede to this Agreement. If the Joint Council agrees to consider such a request, the Parties and the state or organisation requesting to accede shall conduct negotiations on the terms of accession. The Protocol of Accession shall be adopted by the Joint Council and submitted for ratification, acceptance or approval in accordance with the Parties' respective constitutional or internal legal requirements.
2. The Parties shall review the effects of such accession on this Agreement. The Joint Council may decide on any transitional or amending measures that might be necessary.
3. Notwithstanding paragraph 1, the Parties agree that in the case of a request from Angola to the Joint Council to accede to this Agreement, negotiations concerning the terms of accession should be conducted on the basis of this Agreement, taking into account the specific situation of Angola.
Article 120. Languages and Authentic Texts
This Agreement is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each of those texts being equally authentic. In the event of a contradiction, reference shall be made to the language in which this Agreement was negotiated.
Article 121. Annexes
The Annexes, Protocols and footnotes to this Agreement shall form an integral part of this Agreement.
Article 122. Rights and Obligations Under this Agreement
Nothing in this Agreement shall be construed as conferring rights or imposing obligations on persons, other than those created between the Parties under public international law.
Conclusion
In witness whereof, the undersigned Plenipotentiaries have affixed their signatures below this Agreement.
Done at Kasane on the tenth day of June in the year two thousand and sixteen.
FOR THE KINGDOM OF BELGIUM. This signature also binds the French Community, the Flemish Community, the German-speaking Community, the Walloon Region, the Flemish Region and the Brussels-Capital Region.
FOR THE REPUBLIC OF BULGARIA
FOR THE CZECH REPUBLIC,
THE KINGDOM OF DENMARK,
FOR THE FEDERAL REPUBLIC OF GERMANY,
FOR THE REPUBLIC OF ESTONIA,
FOR IRELAND,
FOR THE HELLENIC REPUBLIC,
FOR THE KINGDOM OF SPAIN,
FOR THE FRENCH REPUBLIC,
FOR THE REPUBLIC OF CROATIA,
FOR THE ITALIAN REPUBLIC,
FOR THE REPUBLIC OF CYPRUS,
FOR THE REPUBLIC OF LATVIA,
FOR THE REPUBLIC OF LITHUANIA,
FOR THE GRAND DUCHY OF LUXEMBOURG,
FOR HUNGARY,
FOR THE REPUBLIC OF MALTA,
FOR THE KINGDOM OF THE NETHERLANDS,
FOR THE REPUBLIC OF AUSTRIA,
FOR THE REPUBLIC OF POLAND,
FOR THE PORTUGUESE REPUBLIC,
FOR ROMANIA,
FOR THE REPUBLIC OF SLOVENIA,
FOR THE SLOVAK REPUBLIC,
FOR THE REPUBLIC OF FINLAND,
FOR THE KINGDOM OF SWEDEN,
FOR THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
FOR THE EUROPEAN UNION
FOR THE REPUBLIC OF BOTSWANA,
FOR THE KINGDOM OF LESOTHO,
FOR THE REPUBLIC OF MOZAMBIQUE,
FOR THE REPUBLIC OF NAMIBIA,
FOR THE REPUBLIC OF SOUTH AFRICA,
FOR THE KINGDOM OF SWAZILAND