COUNCIL OF THE EUROPEAN UNION

 

Brussels 9 July 1999

(OR.en)

 

8731/99

 

LIMITE

 

ACP 50

 

 

 

Subject: Agreement on Trade, Development and Cooperation between the European Community

and its Member States, of the one part, and the Republic of South Africa, of the other

part

 

 

AGREEMENT

ON TRADE, DEVELOPMENT AND COOPERATION

BETWEEN THE EUROPEAN COMMUNITY AND

ITS MEMBER STATES, OF THE ONE PART,

AND THE REPUBLIC OF SOUTH AFRICA, OF THE OTHER PART

THE KINGDOM OF BELGIUM,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE HELLENIC REPUBLIC,

THE KINGDOM OF SPAIN,

THE FRENCH REPUBLIC,

IRELAND,

THE ITALIAN REPUBLIC,

THE GRAND DUCHY OF LUXEMBOURG,

THE KINGDOM OF THE NETHERLANDS,

THE REPUBLIC OF AUSTRIA,

THE PORTUGUESE REPUBLIC,

THE REPUBLIC OF FINLAND,

THE KINGDOM OF SWEDEN,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

Contracting Parties to the Treaty establishing THE EUROPEAN COMMUNITY,

hereinafter referred to as the ‘Member States’, and

THE EUROPEAN COMMUNITY, hereinafter referred to as the ‘Community’,

of the one part, and

THE REPUBLIC OF SOUTH AFRICA, hereinafter referred to as ‘South Africa’,

of the other part,

hereinafter referred to as the ‘Parties’,

CONSIDERING the importance of the existing links of friendship and cooperation between

the Community, Member States and South Africa and the common values that the Parties

share;

CONSIDERING that the Community, Member States and South Africa wish to further

strengthen these links and to establish close and lasting relations based on reciprocity,

partnership and co-development;

RECOGNISING the historical achievements of the South African people in abolishing the

apartheid system and building a new political order based on the rule of law, human rights

and democracy;

RECOGNISING the Community’s and Member States’ political and financial support to this

process of political change and transition in South Africa;

RECALLING the firm commitment of the Parties to the principles of the United Nations

Charter and to democratic principles and fundamental human rights as laid down in the

Universal Declaration on Human Rights;

BEARING IN MIND the Cooperation Agreement between South Africa and the European

Community which was signed on 10 October 1994;

RECALLING the wish of the Parties to establish the closest possible relationship between

South Africa and the countries of the ACP-EC Lomé Convention as reflected in the signing,

on 24 April 1997, of the Protocol governing the accession of South Africa to the Fourth

ACP-EC Convention of Lomé, as amended by the Agreement signed in Mauritius on

4 November 1995;

TAKING ACCOUNT of the Parties’ rights and obligations in terms of their membership of

the World Trade Organisation (WTO), the need to contribute to the implementation of the

results of the Uruguay Round, and the efforts already made by both parties in this respect;

RECALLING the importance attached by the Parties to the principles and rules which govern

international trade and to the need to apply them in a transparent and non-discriminatory

manner;

CONFIRMING the Community’s and Member States’ support and encouragement for the

process of trade liberalisation and economic restructuring currently under way in South

Africa;

RECOGNISING the efforts by the South African government to ensure economic and social

development for the people of South Africa;

EMPHASISING the importance both the European Union and South Africa place on the

successful implementation of the South African Reconstruction and Development

Programme;

CONFIRMING the commitment of the Parties to promote regional cooperation and economic

integration between the countries of Southern Africa, and to encourage the liberalisation of

trade between those countries;

BEARING IN MIND the Parties’ commitment to ensure that their mutual arrangements do

not impede the process of restructuring the Southern African Customs Union (SACU), which

links South Africa to four ACP States;

UNDERLINING the importance which the Parties attach to the values and principles set out

in the Final Declarations of the International Conference on Population and Development

held in Cairo in 1994, of the World Summit for Social Development held in Copenhagen in

March 1995 and of the Fourth World Conference on Women held in Beijing in 1995;

REAFFIRMING the commitment of the Parties to economic and social development and the

respect for the fundamental rights of workers, notably by promoting the relevant International

Labour Organisation (ILO) Conventions covering such topics as the freedom of association,

the right to collective bargaining and non-discrimination; the abolition of forced labour and

child labour;

RECALLING the importance of opening a regular political dialogue in bilateral and

multilateral contexts on issues of common interest,

HAVE AGREED AS FOLLOWS:

TITLE I

GENERAL OBJECTIVES,

PRINCIPLES AND POLITICAL DIALOGUE

ARTICLE 1

Objectives

The objectives of this Agreement are:

(a) to provide an appropriate framework for dialogue between the parties, promoting the

development of close relations in all areas covered by this Agreement;

(b) to support the efforts made by South Africa to consolidate the economic and social

foundations of its transition process;

(c) to promote regional cooperation and economic integration in the Southern African

region to contribute to its harmonious and sustainable economic and social

development;

(d) to promote the expansion and reciprocal liberalisation of mutual trade in goods,

services and capital;

(e) to encourage the smooth and gradual integration of South Africa into the world

economy;

(f) to promote cooperation between the Community and South Africa within the bounds of

their respective powers, in their mutual interest.

ARTICLE 2

Essential element

Respect for democratic principles and fundamental Human Rights as laid down in the

Universal Declaration on Human Rights, as well as for the principles of the rule of law

underpins the internal and international policies of the Community and of South Africa and

constitutes an essential element of this Agreement.

The Parties also reaffirm their attachment to the principles of good governance.

ARTICLE 3

Non-execution

1. If either Party considers that the other has failed to fulfil an obligation under this

Agreement, it may take appropriate measures.

2. Before doing so it shall supply the other Party, within 30 days, with all relevant

information required for a thorough examination of the situation, with a view to seeking a

solution acceptable to the Parties.

3. In circumstances of particular urgency, appropriate measures may be taken without prior

consultations. These measures shall be immediately notified to the other Party and shall be a

subject of consultations, if the other party so requests. These consultations shall be convened

within 30 days from the notification of the measures. If no satisfactory solution is found, the

Party concerned may avail itself of the procedure relating to the settlement of disputes.

4. The Parties agree, for the purpose of the correct interpretation and practical application of

this Agreement, that the term ‘circumstances of particular urgency’ in paragraph 3 means a

case of the material breach of the Agreement by one of the Parties. A material breach of the

EN-US”>Agreement consists in:

(i) repudiation of the Agreement not sanctioned by the general rules of international law,

or

(ii) violation of the essential element of the Agreement, as described in Article 2.

5. The Parties agree that the appropriate measures referred to in paragraph 1 of this Article

are those taken in accordance with international law and in the selection of these measures,

priority must be given to those which least disturb the functioning of this Agreement.

ARTICLE 4

Political Dialogue

1. A regular political dialogue shall be established between the Parties. It shall accompany

and help consolidate their cooperation as well as contribute to the establishment of lasting

links of solidarity and new forms of cooperation.

2. The political dialogue and cooperation are in particular intended to:

(a) promote greater mutual understanding between the Parties and a greater convergence of

views;

(b) enable each party to consider the position and interests of the other;

(c) encourage the support for democracy, the rule of law and the respect of human rights;

(d) promote social justice and help create the necessary conditions to eliminate poverty and

all forms of discrimination.

3. The political dialogue shall cover all issues of common interest to the Parties.

4. The political dialogue shall take place whenever necessary, notably:

(a) at ministerial level;

(b) at the level of senior officials representing South Africa, on the one hand, and the

Presidency of the Council of the European Union and the Commission of the European

Communities, on the other;

(c) taking full advantage of all diplomatic channels, including regular briefings,

consultations on the occasion of international meetings and contacts between

diplomatic representatives in third countries;

(d) where appropriate, by any other means or at any other levels to be agreed between the

Parties which would make a useful contribution to consolidating the dialogue and

increasing its effectiveness.

5. In addition to the bilateral political dialogue provided for in the previous paragraphs, the

Parties shall take full advantage of, and contribute actively to, the regional political dialogue

between the European Union and the countries of Southern Africa, with a view in particular

to promoting lasting peace and stability in the region.

The Parties shall also participate in the political dialogue in the larger ACP/EU framework, as

foreseen and laid down in relevant ACP/EC Treaties.