Interim Agreement between the European Economic Community and the Republic of Zimbabwe

Official Journal L 372 , 31/12/1980 P. 0002
Greek special edition: Chapter 11 Volume 28 P. 0111

INTERIM AGREEMENT between the European Economic Community and the Republic of Zimbabwe

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

of the one part, and

THE PRESIDENT OF THE REPUBLIC OF ZIMBABWE,

of the other part,

Whereas the second ACP-EEC Convention, signed at Lomé on 31 October 1979, hereinafter referred to as the "Convention", will enter into force as soon as the necessary procedures are completed;

Whereas Zimbabwe has applied to accede to the Convention and the ACP-EEC Council of Ministers, by its Decision No 6/80 of 9 May 1980, has approved this request;

Whereas an agreement on Zimbabwe's accession was signed on 4 November 1980 between the Community and its Member States on the one hand and Zimbabwe on the other, and that the agreement cannot enter into force until a certain period of time has elapsed;

Whereas it is appropriate, pending the entry into force of the aforementioned accession agreement, to establish transitional trade arrangements as from 1 January 1981 which would replace those introduced unilaterally by the Community by virtue of Council Regulation (EEC) No 120/80;

Whereas these transitional arrangements can, at this stage, be made to correspond to the Convention's provisions on trade,

HAVE DECIDED to conclude this Interim Agreement and have designated as their Plenipotentiaries:

THE COUNCIL OF THE EUROPEAN COMMUNITIES:

Gaston THORN,

President-in-office of the Council of the European Communities,

Vice-President and Minister for Foreign Affairs of the Government of the Grand Duchy of Luxembourg;

Claude CHEYSSON,

Member of the Commission of the European Communities;

THE PRESIDENT OF THE REPUBLIC OF ZIMBABWE:

The Hon. David Colville SMITH, MP,

Minister for Commerce and Industry.

Article 1

From 1 January 1981 until the entry into force of the Agreement on the accession of the Republic of Zimbabwe to the Convention, trade relations between the Community and Zimbabwe shall be governed by provisions corresponding to the trade arrangements laid down in Articles 1 to 19 of the Convention, in Protocol 1 concerning the definition of the concept of "originating products" and methods of administrative cooperation, Protocol 4 on bananas and Protocol 5 on rum, annexed to the said Convention.

The provisions of Articles 1 to 19 of the Convention are set out in the Annex to this Interim Agreement, which shall form, an integral part thereof.

Article 2

For the purpose of applying the texts referred to in Article 1: - the word "Convention" shall be replaced by "Interim Agreement",

- "Zimbabwe" shall replace references to "ACP State(s)", except in the application of Protocol 1, in which the words "ACP State(s)" also cover Zimbabwe,

- the powers invested in the ACP-EEC Council of Ministers and in the other bodies provided for under the Convention shall be exercised jointly by the Community and Zimbabwe,

- the reference, which appears in the third subparagraph of Article 1 of the Convention, to measures under Titles V, VI, and VII of the Convention shall not apply.

Article 3

Save for the special provisions on relations between Zimbabwe and the French overseas departments, provided for in this Agreement, this Agreement shall apply, on the one hand, to those territories in which the Treaty establishing the European Economic Community is applied and under the conditions set out in that Treaty and, on the other hand, to the territory of the Republic of Zimbabwe.

Article 4

The arrangements applicable to trade between the ACP States and Greece as from 1 January 1981 shall also apply to trade between Zimbabwe and Greece.

Article 5

1. This Agreement shall be subject to ratification, acceptance or approval in accordance with the Contracting Parties' own procedures and the Parties shall notify one another of the completion of the procedures necessary for that purpose.

2. This Agreement shall enter into force on 1 January 1981 if the notifications referred to in paragraph 1 have been given by that date. Otherwise, it shall enter into force on the first day of the second month following the date on which the notifications referred to in paragraph 1 are given.

Article 6

The Protocols annexed to this Agreement shall form an integral part thereof.

Article 7

This Agreement is drawn up in duplicate in the Danish, Dutch, English, French, German and Italian languages, each text being equally authentic.

Til bekræftelse heraf har undertegnede befuldmægtigede underskrevet denne interimsaftale.

Zu Urkund dessen haben die unterzeichneten Bevollmächtigten ihre Unterschriften unter dieses Interimsabkommen gesetzt.

In witness whereof the undersigned Plenipotentiaries have signed this Interim Agreement.

En foi de quoi, les plénipotentiaires soussignés ont apposé leurs signatures au bas du présent accord intérimaire.

In fede di che, i plenipotenziari sottoscritti hanno apposto le loro firme in calce al presente accordo interinale.

Ten blijke waarvan de ondergetekende gevolmachtigden hun handtekening onder deze Interimovereenkomst hebben gesteld.

Udfærdiget i Luxembourg, den fjerde november nitten hundrede og firs.

Geschehen zu Luxemburg am vierten November neunzehnhundertachtzig.

Done at Luxembourg on the fourth day of November in the year one thousand nine hundred and eighty.

Fait à Luxembourg, le quatre novembre mil neuf cent quatre-vingt.

Fatto a Lussemburgo, addì quattro novembre millenovecentoottanta.

Gedaan te Luxemburg, de vierde november negentienhonderd tachtig.

For Rådet for De europæiske Fællesskaber

Für den Rat der Europäischen Gemeinschaften

For the Council of the European Communities

Pour le Conseil des Communautés européennes

Per il Consiglio delle Comunità europee

Voor de Raad van de Europese Gemeenschappen

For præsidenten for republikken Zimbabwe

Für den Präsidenten der Republik Simbabwe

For the President of the Republic of Zimbabwe

Pour le président de la république du Zimbabwe

Per il Presidente della Repubblica di Zimbabwe

Voor de President van de Republiek Zimbabwe

SECOND ACP-EEC CONVENTION signed at Lomé on 31 October 1979 TRADE COOPERATION

Article 1

In the field of trade cooperation, the object of this Convention is to promote trade between the ACP States and the Community, taking account of their respective levels of development, and also between the ACP States themselves.

In the pursuit of this objective, particular regard will be had to the need to secure effective additional benefits for the trade of the ACP States with the Community, in order to accelerate the growth of their trade and in particular of the flow of their exports to the Community and in order to improve the conditions of access for their products to the market of the Community, so as to ensure a better balance in the trade of the Contracting Parties.

To this end the Contracting Parties shall apply the provisions of this Title and the other appropriate measures under Titles V, VI and VII.

Chapter 1 Trade arrangements

Article 2

1. Products originating in the ACP States shall be imported into the Community free of customs duties and charges having equivalent effect.

2. (a) Products originating in the ACP States:

- listed in Annex II to the Treaty when they come under a common organization of the market within the meaning of Article 40 of the Treaty, or

- subject, on import into the Community, to specific rules introduced as a result of the implementation of the common agricultural policy, shall be imported into the Community notwithstanding the general arrangements applied in respect of third countries, in accordance with the following provisions: (i) those products shall be imported free of customs duties for which Community provisions in force at the time of import do not provide, apart from customs duties, for the application of any other measure relating to their import;

(ii) for products other than those referred to under (i), the Community shall take the necessary measures to ensure more favourable treatment than that granted to third countries benefiting from the most-favoured-nation clause for the same products.

(b) If, during the application of this Convention, the ACP States request that new lines of agricultural production or agricultural products which are not the subject of specific arrangements upon the entry into force of this Convention should benefit from such arrangements, the Community shall examine these requests in consultation with the ACP States.

(c)The arrangements referred to in subparagraph (a) shall enter into force at the same time as this Convention and shall remain applicable for its duration.

If, however, during the application of this Convention, the Community:

- subjects one or more products to common organization of the market or to specific rules introduced as a result of the implementation of the common agricultural policy, it reserves the right to adapt the import treatment for these products originating in the ACP States, following consultations within the Council of Ministers. In such cases, the provisions of subparagraph (a) shall be applicable,

- modifies the common organization of the market in a particular product or the specific rules introduced as a result of the implementation of the common agricultural policy, it reserves the right to modify the arrangements laid down for products originating in the ACP States, following consultations within the Council of Ministers. In such cases, the Community undertakes to ensure that products originating in the ACP States continue to enjoy an advantage comparable to that previously enjoyed in relation to products originating in third countries benefiting from the most-favoured-nation clause.

(d) Where the Community envisages concluding a preferential agreement with third States it shall inform the ACP States thereof. Consultations shall take place, where the ACP States so request in order to safeguard their interests.

Article 3

1. The Community shall not apply to imports of products originating in the ACP States any quantitative restrictions or measures having equivalent effect.

2. Paragraph 1, however, shall not prejudice the import treatment applied to the products referred to in the first indent of Article 2 (2) (a).

The Community shall inform the ACP States when residual quantitative restrictions are eliminated in respect of any of these products.

Article 4

The provisions of this chapter shall not preclude any commitments which the Contracting Parties might have to enter into within the framework of International Community Agreements.

Consultations shall take place on this subject when Contracting Parties envisage concluding such Agreements with a view to taking into consideration the respective interests of all the Contracting Parties.

Article 5

1. The provisions of Article 3 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security ; the protection of health and life of humans, animals and plants ; the protection of national treasures possessing artistic, historic or archeological value or the protection of industrial and commercial property.

2. Such prohibitions or restrictions shall not in any case constitute a means of arbitrary discrimination or a disguised restriction on trade generally.

3. In cases where the implementation of the measures referred to in paragraph 1 affect the interests of one or more ACP States, consultations shall be held at the request of the latter with a view to reaching a satisfactory solution.

Article 6

The treatment applied to imports of products originating in the ACP States may not be more favourable than that applied to trade among the Member States.

Article 7

Where new measures or measures stipulated in programmes adopted by the Community for the approximation of laws and regulations in order to facilitate the movement of goods are likely to affect the interests of one or more ACP States the Community shall, prior to adopting such measures, inform the ACP States thereof through the Council of Ministers.

In order to enable the Community to take into consideration the interests of the ACP States concerned, consultations shall be held at the request of the latter with a view to reaching a satisfactory solution.

Article 8

1. Where existing rules or regulations of the Community adopted in order to facilitate the movement of goods affect the interests of one or more ACP States or where these interests are affected by the interpretation, application or administration of such rules or regulations, consultations shall be held at the request of the ACP States concerned with a view to reaching a satisfactory solution.

2. With a view to finding a satisfactory solution, the ACP States may also bring up within the Council of Ministers any other problems relating to the movement of goods which might result from measures taken or envisaged by the Member States.

3. The competent institutions of the Community shall to the greatest possible extent inform the Council of Ministers of such measures.

Article 9

1. In view of their present development needs, the ACP States shall not be required for the duration of this Convention to assume in respect of imports of products originating in the Community, obligations corresponding to the commitments entered into by the Community in respect of imports of the products originating in the ACP States, under this Chapter.

2. (a) In their trade with the Community, the ACP States shall not discriminate among the Member States, and shall grant to the Community treatment no less favourable than the most-favoured-nation treatment.

(b) The most-favoured-nation treatment referred to in subparagraph (a) shall not apply in respect of trade or economic relations between ACP States or between one or more ACP States and other developing countries.

Article 10

Unless it has already done so under the terms of the ACP-EEC Convention of Lomé, each Contracting Party shall communicate its customs tariff to the Council of Ministers within a period of three months following the entry into force of this Convention. Each Contracting Party shall also communicate any subsequent amendments to its tariff as and when they come into force.

Article 11

1. The concept of "originating products" for the purposes of implementing this chapter, and the methods of administrative cooperation relating thereto, are defined in Protocol 1.

2. The Council of Ministers may adopt any amendment to Protocol 1.

3. Where the concept of "originating products" has not yet been defined for a given product in implementation of paragraph 1 or 2, each Contracting Party shall continue to apply its own rules.

Article 12

1. If, as a result of applying the provisions of this Chapter, serious disturbances occur in a sector of the economy of the Community or of one or more of its Member States, or jeopardize their external financial stability, or if difficulties arise which may result in a deterioration in a sector of the economy of the Community or of a region thereof, the Community may take, or may authorize the Member State concerned to take, safeguard measures. These measures, their duration and their methods of application shall be notified immediately to the Council of Ministers.

2. The Community and its Member States undertake not to use safeguard measures or other means for protectionist purposes or to hamper structural development.

3. These safeguard measures shall be restricted to those which would least disturb trade between the Contracting Parties in implementing the objectives of the Convention and must not exceed the scope of what is strictly necessary to remedy the difficulties that have arisen.

4. Safeguard measures shall, at the time of their application, take account of the existing level of the ACP exports concerned to the Community and their potential for development.

Article 13

1. Prior consultations shall take place concerning the application of the safeguard clause, both when such measures are first adopted and when such measures are extended. The Community shall provide the ACP States with all the information necessary for such consultations and shall provide the necessary data from which to determine to what extent imports from an ACP State or ACP States of a specific product have caused the effects mentioned in Article 12 (1).

2. Where consultations have taken place, safeguard measures, or arrangements jointly agreed upon by the ACP States concerned and the Community, shall enter into force thereafter.

3. However, the prior consultations provided for in paragraphs 1 and 2 shall not prevent any immediate decisions which the Community or its Member States, in accordance with Article 12 (1), might take where special factors have necessitated these decisions.

4. In order to facilitate the examination of facts that may cause market disturbances a mechanism shall be instituted designed to ensure statistical surveillance of certain ACP exports to the Community.

5. The Contracting Parties undertake to hold regular consultations with the view to finding satisfactory solutions to problems which might result from the application of the safeguard clause.

Article 14

The Council of Ministers shall, at the request of any Contracting Party concerned, consider the economic and social effects of the application of the safeguard clause.

Article 15

When safeguard measures are being taken, modified or removed, particular attention will be paid to the interests of the least-developed, land-locked and island ACP States.

Article 16

In order to ensure effective implementation of the provisions of this Convention in the field of trade cooperation, the Contracting Parties agree to inform and consult each other.

In addition to the cases for which consultations are specifically provided in Articles 1 to 15, consultations shall also take place, at the request of the Community or of the ACP States, and in accordance with the conditions provided for in the rules of procedure in Article 168, particularly in the following cases:

1. where Contracting Parties envisage taking any trade measures affecting the interests of one or more Contracting Parties under this Convention, they shall inform the Council of Ministers thereof. Consultations shall take place, where the Contracting Parties concerned so request, in order to take account of their respective interests;

2. if, during the application of this Convention, the ACP States consider that agricultural products covered by Article 2 (2) (a) other than those subject to special treatment should benefit from such treatment, consultations may take place within the Council of Ministers;

3. where a Contracting Party considers that obstacles to the movement of goods arise as a result of the existing rules of another Contracting Party or the interpretation, application or administration thereof;

4. where the Community envisages concluding a preferential agreement with third States, it shall inform the ACP States thereof. Consultations shall take place, where the ACP States so request, in order to safeguard their interests;

5. where the Community or the Member States take safeguard measures in accordance with Article 12, consultations on these measures may take place within the Council of Ministers, where the Contracting Parties concerned so request, notably with a view to ensuring compliance with Article 12 (3).

Chapter 2 Special undertakings on rum and bananas Article 17

Until the entry into force of a common organization of the market in spirits and notwithstanding the provisions of Article 2 (1), entry into the Community of products of subheading 22.09 C I - rum, arrack, tafia - originating in the ACP States shall be governed by the provisions of Protocol 5.

Article 18

In order to permit the improvement of the conditions under which bananas originating in the ACP States are produced and marketed, the Contracting Parties agree to the objectives set out in Protocol 4.

Article 19

This Chapter and Protocols 4 and 5 shall not apply to relations between the ACP States and the French overseas departments.

PROTOCOL 1 concerning the definition of the concept of "originating products" and methods of administrative cooperation

TITLE I Definition of the concept of "originating products"

Article 1

1. For the purposes of implementing the Convention and without prejudice to paragraphs 3 and 4, the following products shall be considered as products originating in an ACP State, provided that they have been transported directly, within the meaning of Article 5:

(a) products wholly obtained in one or more ACP State;

(b) products obtained in one or more ACP State in the manufacture of which products other than those referred to in (a) are used, provided that the said products have undergone sufficient working or processing within the meaning of Article 3.

2. For the purpose of implementing paragraph 1, the ACP States are considered as being one territory.

3. When products wholly obtained in the Community or in the countries and territories defined in Explanatory Note 9 undergo working or processing in one or more ACP State, they shall be considered as having been wholly produced in that or those ACP States, provided that the products have been transported directly within the meaning of Article 5.

4. Working and processing carried out in the Community or in the countries and territories, shall be considered as having been carried out in one or more ACP State, when the final products undergo working or processing in one or more ACP State, provided that the products have been transported directly within the meaning of Article 5.

5. For the purpose of implementing the previous paragraphs, and provided that all the conditions laid down in those paragraphs are fulfilled, the products obtained in two or more ACP States shall be considered as products originating in the ACP State where the last working or processing took place. For this purpose the working or processing listed in Article 3 (3) (a), (b), (c) and (d) shall not be considered as working or processing, nor shall a combination of such working or of such processing.

6. The products set out in List C of Annex IV shall be temporarily excluded from the scope of this Protocol. Nevertheless, the arrangements regarding administrative cooperation shall apply mutatis mutandis to these products.

Article 2

The following shall be considered as wholly obtained either in one or more ACP States, or in the Community or in the countries and territories within the meaning of Article 1 (1) (a) and (3): (a) mineral products extracted from their soil or from their seabed;

(b) vegetable products harvested therein;

(d) products from live animals raised therein;

(e) products obtained by hunting or fishing conducted therein;

(f) products of sea fishing and other products taken from the sea by their vessels;

(g) products made aboard their factory ships exclusively from products referred to in subparagraph (f);

(h) used articles collected there fit only for the recovery of raw materials;

(i) waste and scrap resulting from manufacturing operations conducted therein;

(j) goods produced there exclusively from the products specified in subparagraphs (a) to (i).

Article 3

1. For the purpose of implementing Article 1 (1) (b) the following shall be considered as sufficient working or processing:

(a) working or processing as a result of which the goods obtained receive a classification under a tariff heading other than that covering each of the products worked or processed, except, however, working or processing specified in List A in Annex II, where the special provisions of that list apply;

(b) working or processing specified in List B in Annex III.

"Sections", "Chapters" and "tariff headings" shall mean the sections, chapters and headings in the Customs Cooperation Council nomenclature for the classification of goods in customs tariffs.

2. When, for a given product obtained, a percentage rule limits, in List A and in List B the value of the materials and parts which can be used, the total value of these materials and parts, whether or not they have changed tariff heading in the course of the working, processing or assembly within the limits and under the conditions laid down in each of those two lists, may not exceed, in relation to the value of the product obtained, the value corresponding either to the common rate, if the rates are identical in both lists, or to the higher of the two if they are different.

3. For the purpose of implementing paragraph 1 (a) the following shall always be considered as insufficient working or processing to confer the status or originating products, whether or not there is a change of tariff heading:

(a) operations to ensure the preservation of merchandise in good condition during transport and storage (ventilation, spreading out, drying, chilling, placing in salt, sulphur dioxide or other aqueous solutions, removal of damaged parts, and like operations);

(b) simple operations consisting of removal of dust, sifting or screening, sorting, classifying, matching (including the making-up of sets of articles), washing, painting, cutting up;

(ii) simple placing in bottles, flasks, bags, cases, boxes, fixing on cards or boards etc. and all other simple packaging operations;

(d) affixing marks, labels and other like distinguishing signs on products or their packaging;

(e) (i) simple mixing of products of the same kind where one or more components of the mixtures do not meet the conditions laid down in this Protocol to enable them to be considered as originating either in an ACP State, the Community or in the countries and territories;

(ii) simple mixing of products of different kinds unless such components of the mixture meet in the conditions laid down in this Protocol to enable them to be considered as originating either in an ACP State, in the Community, or in the countries and territories and provided that one or more components contribute in determining the essential characteristics of the finished product.

(f) simple assembly of parts of articles to constitute a complete article;

(g) a combination of two or more operations specified in subparagraphs (a) to (f);

(h) slaughter of animals.

Article 4

Where the Lists A and B referred to in Article 3 provide that goods obtained in an ACP State shall be considered as originating therein only if the value of the products worked or processed does not exceed a given percentage of the value of the goods obtained, the values to be taken into consideration for such percentage shall be:

- on the one hand, as regards products whose import can be proved, their customs value at the time of import ; and as regards products of undetermined origin, the earliest ascertainable price paid for such products in the territory of the Contracting Parry where manufacture takes place,

- and on the other hand, the ex-works price of the goods obtained, less internal taxes refunded or refundable on export.

Article 5

1. For the purpose of implementing Article 1 (1), (3) and (4), products whose transport is effected without entering into territory other than that of the parties concerned are considered as transported directly from the ACP States to the Community or from the Community or the countries and territories to the ACP States. Goods constituting one single consignment may be transported through territory other than that of the ACP States or the Community or the countries and territories, with, should the occasion arise, transhipment or temporary warehousing in such territory, provided that the crossing of the latter territory is justified for geographical reasons or the needs of transport and that the products have not entered into commerce or been delivered for home use and have not undergone operations other than unloading, reloading or any operation designed to preserve them in good condition.

Interruptions or changes in the method of transport due to force majeure or consequent upon conditions at sea shall not affect the application of the preferential treatment laid down in this Protocol, provided that the goods have not, during these interruptions or changes, entered into commerce or been delivered for home use and have not undergone any operations other than those designed to preserve them in good condition.

2. Evidence that the conditions referred to in paragraph 1 have been fulfilled shall be supplied to the responsible customs authorities in the Community by the production of:

(a) a through bill of lading issued in the exporting beneficiary country covering the passage through the country of transit;

(b) or a certificate issued by the customs authorities of the country of transit:

- giving an exact description of the goods,

- stating the dates of unloading and reloading of the goods or of their embarkation or disembarkation, identifying the ships used,

- certifying the conditions under which the goods remained in the transit country;

TITLE II Arrangements for administrative cooperation

Article 6

1. (a) Evidence of originating status, within the meaning of this Protocol, of products is given by a movement certificate EUR.1 of which a specimen appears in Annex V to this Protocol.

(b) However, the evidence of originating status, within the meaning of this Protocol, of products which form the subject of postal consignments (including parcels), provided that they consist only of originating products and that the value does not exceed 1 420 European units of account per consignment, is given by a form EUR.2, of which a specimen appears in Annex VI to this Protocol.

(c) Up to and including 30 April 1981 the European unit of account to be used in any given national currency of a Member State of the Community shall be the equivalent in that national currency of the European unit of account as at 30 June 1978. For each successive period of two years it shall be the equivalent in that national currency of the European unit of account as at the first working day in October in the year immediately preceding that two-year period.

(d) Revised amounts replacing the amounts expressed in EUA mentioned above and in Article 16 (2), may be introduced by the Community at the beginning of any successive two-year period if necessary and shall be notified by the Community to the Customs Cooperation Committee not later than one month before they shall come into force. These amounts shall be, in any event, such as to ensure that the value of the limits as expressed in the currency of any Member State shall not decline.

(e) If the goods are invoiced in the currency of another Community Member State the importing Member State shall recognize the amount notified by the Member State concerned.

2. Where, at the request of the person declaring the goods at the customs, a dismantled or non-assembled article falling within Chapter 84 or 85 of the Customs Cooperation Council nomenclature is imported by instalments on the conditions laid down by the competent authorities, it shall be considered to be a single article and a movement certificate may be submitted for the whole article upon import of the first instalment.

3. Accessories, spare parts and tools dispatched with a piece of equipment, machine, apparatus or vehicle which are part of the normal equipment and included in the price thereof or are not separately invoiced, are regarded as one with the piece of equipment, machine, apparatus or vehicle in question.

4. Sets, as defined in General Rule 3 of the Customs Cooperation Council nomenclature, shall be regarded as originating when all component articles are originating products. Nevertheless, when a set is composed of originating and non-originating articles, the set as a whole shall be regarded as originating provided that the value of the non-originating articles does not exceed 15 % of the total value of the set.

Article 7

1. A movement certificate EUR.1 shall be issued by the customs authorities of the exporting ACP State when the goods to which it relates are exported. It shall be made available to the exporter as soon as actual export has been effected or ensured.

2. In exceptional circumstances a movement certificate EUR.1 may also be issued after export of the goods to which it relates if it was not issued at the time of export because of errors or involuntary omissions or special circumstances. In this case, the certificate shall bear a special reference to the conditions in which it was issued.

3. A movement certificate EUR.1 shall be issued only on application having been made in writing by the exporter. Such application shall be made on a form, of which a specimen appears in Annex V to this Protocol, which shall be completed in accordance with this Protocol.

4. A movement certificate EUR.1 may be issued only where it can serve as the documentary evidence required for the purpose of implementing the Convention.

5. Applications for movement certificates EUR.1 must be preserved for at least three years by the customs authorities of the exporting country.

Article 8

1. The movement certificate EUR.1 shall be issued by the customs authorities of the exporting ACP State, if the goods can be considered "originating products" within the meaning of this Protocol.

2. For the purpose of verifying whether the conditions stated in paragraph 1 have been met, the customs authorities shall have the right to call for any documentary evidence or to carry out any check which they consider appropriate.

3. It shall be the responsibility of the customs authorities of the exporting State to ensure that the forms referred to in Article 9 are duly completed. In particular, they shall check whether the space reserved for the description of the goods has been completed in such a manner as to exclude all possibility of fraudulent additions. To this end, the description of the goods must be indicated without leaving any blank lines. Where the space is not completely filled a horizontal line must be drawn below the last line of the description, the empty space being crossed through.

4. The date of issue of the movement certificate must be indicated in the part of the certificate reserved for the customs authorities.

Article 9

1. Movement certificates EUR.1 shall be made out on the form of which a specimen appears in Annex V to this Protocol. This form shall be printed in one or more of the languages in which the Convention is drawn up. Certificates shall be made out in one of these languages and in accordance with the provisions of the domestic law of the exporting State ; if they are hand-written, they shall be completed in ink and in capital letters.

2. Each certificate shall measure 210 × 297 mm, a tolerance of up to plus 8 or minus 5 mm in the length may be allowed. The paper used must be white writing paper, sized, not containing mechanical pulp and weighing not less than 25 g/m2. It shall have a printed green guilloche pattern background making any falsification by mechanical or chemical means apparent to the eye.

3. The exporting States may reserve the right to print the certificates themselves or may have them printed by approved printers. In the latter case, each certificate must include a reference to such approval. Each certificate must bear the name and address of the printer or a mark by which the printer can be identified. It shall also bear a serial number, either printed or not, by which it can be identified.

Article 10

1. Under the responsibility of the exporter, he or his authorized representative shall request the issue of a movement certificate EUR.1.

2. The exporter or his representative shall submit with his request any appropriate supporting document proving that the goods to be exported are such as to qualify for the issue of a movement certificate EUR.1.

Article 11

1. A movement certificate EUR.1 must be submitted, within 10 months of the date of issue by the customs authorities of the exporting State, to the customs authorities of the importing State where the goods are entered.

2. When the products enter a port of an ACP State or country or territory other than the country of origin, a further period of validity of 10 months shall commence on the date on which the customs authorities in the port of transit enter the following in box 7 of the certificate EUR.1:

- the word "transit",

- the name of the country of transit,

- a date stamp.

This procedure shall enter into force after a specimen of the date stamp used has been communicated to the Commission.

The Commission shall communicate this information to the customs authorities of the Member States.

3. It shall at any time be possible to replace one or more movement certificate EUR.1 by one or more other movement certificate EUR.1 provided that this is done at the customs office where the goods are located.

Article 12

Movement certificates EUR.1 shall be submitted to customs authorities in the importing State, in accordance with the procedures laid down by that State. The said authorities may require a translation of a certificate. They may also require the import declaration to be accompanied by a statement from the importer to the effect that the goods meet the conditions required for the implementation of the Convention.

Article 13

1. A movement certificate EUR.1 which is submitted to the customs authorities of the importing State after the final date of presentation specified in Article 11 may be accepted for the purpose of applying preferential treatment, where the failure to submit the certificate by the final date set is due to reasons of force majeure or exceptional circumstances.

2. In other cases of belated presentation, the customs authorities of the importing State may accept the certificates where the goods have been submitted to them before the said final date.

Article 14

The discovery of slight discrepancies between the statements made in the movement certificate EUR.1 and those made in the documents submitted to the customs office for the purpose of carrying out the formalities for importing the goods shall not ipso facto render the certificate null and void if it is duly established that the certificate does correspond to the goods submitted.

Article 15

Form EUR.2, a specimen of which appears in Annex VI, shall be completed by the exporter. It shall be made out in one of the languages in which the Convention is drawn up and in accordance with the provisions of the domestic law of the exporting State. If it is handwritten it must be completed in ink and in capital letters.

Form EUR.2 shall consist of a single sheet measuring 210 × 148 mm. The paper used shall be white writing paper, sized, not containing mechanical pulp and weighing not less than 64 g/m2.

The exporting States may reserve the right to print the forms themselves or may have them printed by printers they have approved. In the latter case each form must include a reference to such approval. In addition, each form shall bear the distinctive sign attributed to the approved printer and a serial number, either printed or not, by which it can be identified.

A form EUR.2 shall be completed for each postal consignment. After completing and signing the form, the exporter shall, in the case of consignments by parcel post, attach the form to the dispatch note. In the case of consignment by letter post, the exporter shall insert the form inside the package.

These provisions do not exempt exporters from complying with any other formalities required by customs or postal regulations.

Article 16

1. Goods sent as small packages to private persons or forming part of travellers' personal luggage shall be admitted as originating products without requiring the production of a movement certificate EUR.1 or the completion of form EUR.2, provided that such goods are not imported by way of trade and have been declared as meeting the conditions required for the application of these provisions, and where there is no doubt as to the veracity of such declaration.

2. Imports which are occasional and consist solely of goods for the personal use of the recipients or travellers or their families shall not be considered as imports by way of trade if it is evident from the nature and quantity of the goods that no commercial purpose is in view. Furthermore, the total value of these goods must not exceed 90 European units of account in the case of small packages or 285 European units of account in the case of the contents of travellers' personal luggage.

Article 17

Goods sent from an ACP State for exhibition in a country other than an ACP State, a Member State or a "country or territory" and sold after the exhibition for importation into the Community, shall benefit on importation from the provisions of the Convention on condition that the goods meet the requirements of this Protocol entitling them to be recognized as originating in an ACP State and provided that it is shown to the satisfaction of the customs authorities that:

(a) an exporter has consigned these goods from an ACP State to the country in which the exhibition is held and has exhibited them there;

(b) the goods have been sold or otherwise disposed of by that exporter to someone in the Community;

(c) the goods have been consigned during the exhibition or immediately thereafter to the Community in the state in which they were sent for exhibition;

(d) the goods have not, since they were consigned for exhibition, been used for any purpose other than demonstration at the exhibition.

2. A movement certificate EUR.1 must be produced to the customs authorities in the normal manner. The name and address of the exhibition must be indicated thereon. Where necessary, additional documentary evidence of the nature of the goods and the conditions under which they have been exhibited may be required.

3. Paragraph 1 shall apply to any trade, industrial, agricultural or crafts exhibition, fair or similar public show or display which is not organized for private purposes in shops or business premises with a view to the sale of foreign goods, and during which the goods remain under customs control.

Article 18

When a certificate is issued within the meaning of Article 7 (2) of this Protocol after the goods to which it relates have actually been exported, the exporter must in the application referred to in Article 7 (3) of this Protocol:

- indicate the place and date of export of the goods to which the certificate relates,

- certify that no movement certificate EUR.1 was issued at the time of export of the goods in question, and state the reasons.

2. The customs authorities may issue a movement certificate EUR.1 retrospectively only after verifying that the information supplied in the exporter's application agrees with that in the corresponding file.

Certificates issued retrospectively must be endorsed with one of the following phrases : "NACHTRÄGLICH AUSGESTELLT", "DÉLIVRÉ A POSTERIORI", "RILASCIATO A POSTERIORI", "AFGEGEVEN A POSTERIORI", "ISSUED RETROSPECTIVELY", "UDSTEDT EFTERFØLGENDE".

Article 19

In the event of the theft, loss or destruction of a movement certificate EUR.1, the exporter may apply to the customs authorities which issued it for a duplicate made out on the basis of the export documents in their possession.

The duplicate issued in this way must be endorsed with one of the following words : "DUPLIKAT", "DUPLICATA", "DUPLICATO", "DUPLICAAT", "DUPLICATE".

Article 20

1. When paragraphs 2, 3 and 4 of Article 1 are applied, for the issue of a movement certificate EUR.1, the competent customs office in the ACP State requested to issue the certificate for products in the manufacture of which products coming from other ACP States, the Community or "countries or territories" are used, shall take into consideration the declaration, of which a specimen appears in Annex VII, given by the exporter in the State, country or territory from which it came, either on the commercial invoice applicable to these products, or on a supporting document to that invoice.

2. The submission of the information certificate, issued under the conditions set out in Article 21 and of which a specimen appears in Annex VIII, may however be requested of the exporter by the customs office concerned, either fur checking the authenticity and accuracy of information given on the declaration provided for in paragraph 1, or for obtaining additional information.

Article 21

The information certificate concerning the products taken into use shall be issued at the request of the exporter of these products, either in the circumstances envisaged in Article 20 (2), or at the initiative of this exporter, by the competent customs office in the State, country or territory from which these goods were exported. It shall be made out in duplicate. One copy shall be given to the exporter who has requested it, who shall send it either to the exporter of the final products or to the customs office where the issue of the movement certificate EUR.1 for these products has been requested. The second copy shall be preserved by the office which has issued it for at least three years.

Article 22

The ACP States shall take all necessary steps to ensure that goods traded under cover of a movement certificate EUR.1, and which in the course of transport use a free zone situated in their territory, are not replaced by other goods and that they do not undergo handling other than normal operations designed to prevent their deterioration.

Article 23

1. The ACP States shall send to the Commission specimens of the stamps used together with the addresses of the customs authorities competent to issue movement certificates EUR.1 and carry out the subsequent verification of movement certificates EUR.1 and forms EUR.2.

The Commission shall send this information to the Customs authorities of the Member States.

2. In order to ensure the proper application of this Title, the Member States, the countries and territories and the ACP States shall assist each other, through their respective customs administrations, in checking the authenticity of movement certificates EUR.1 and the accuracy of the information concerning the actual origin of the products concerned and the declarations by exporters on forms EUR.2 and the authenticity and accuracy of the information certificates referred to in Article 20.

Article 24

Penalties shall be imposed on any person who, in order to enable goods to be accepted is eligible for preferential treatment, draws up, or causes to be drawn up, either a document which contains incorrect particulars for the purpose of obtaining a movement certificate EUR.1 or a form EUR.2 containing incorrect particulars.

Article 25

1. Subsequent verifications of movement certificates EUR.1 and of forms EUR.2 shall be carried out at random or whenever the customs authorities of the importing State have reasonable doubts as to the authenticity of the document or the accuracy of the information regarding the true origin of the goods in question.

2. For the purpose of implementing paragraph 1, the customs authorities of the importing State shall return the movement certificate EUR.1 or form EUR.2, or a photocopy thereof, to the customs authorities of the exporting State, giving, where appropriate, the reasons of form or substance for an inquiry. The invoice, if it has been submitted, or a copy thereof, shall be attached to the certificate EUR.1 or form EUR.2 and the customs authorities shall forward any information that has been obtained suggesting that the particulars given on the said certificate or the said form are inaccurate.

If the customs authorities of the importing State decide to suspend execution of the provisions of the Convention while awaiting the results of the verification, they shall offer to release the goods to the importer subject to any precautionary measures judged necessary.

3. The customs authorities of the importing State shall be informed of the results of the verification within three months. These results must be such as to make it possible to determine whether the disputed movement certificate EUR.1 or form EUR.2 applied to the goods actually exported, and whether these goods can, in fact, qualify for the application of the preferential arrangements.

When such disputes cannot be settled between the customs authorities of the importing State and those of the exporting State, or when they raise a question as to the interpretation of this Protocol, they shall be submitted to the Customs Cooperation Committee provided for in Article 28.

In all cases the settlement of disputes between the importer and the customs authorities of the importing State shall be under the legislation of the said State.

Article 26

The subsequent verification of the information certificate referred to in Article 20 shall be carried out in the circumstances envisaged in Article 25 following a similar procedure to that envisaged in that Article.

Article 27

In accordance with the provisions of Article 11 of the Convention, the Council of Ministers shall examine annually, or whenever the ACP States or the Community so requests, the application of the provisions of this Protocol and their economic effects with a view to making any necessary amendments or adaptations.

The Council of Ministers shall take into account among other elements the effects on the rules of origin of technological developments.

The decisions taken shall be implemented as soon as possible.

Article 28

1. A Customs Cooperation Committee shall be set up and charged with carrying out administrative cooperation with a view to the correct and uniform application of this Protocol and with carrying out any other task in the customs field which may be entrusted to it.

2. The Committee shall meet regularly, in particular to prepare the decisions of the Council of Ministers pursuant to Article 27.

3. The Committee shall take decisions on derogations from this Protocol, under the conditions laid down in Article 30.

4. The Committee shall be composed on the one hand of experts of Member States and of officials of the Commission who are responsible for customs questions, and on the other hand of experts representing the ACP States and of officials of regional groupings of the ACP States who are responsible for customs questions.

Article 29

The Customs Cooperation Committee shall examine regularly the effect on the ACP States and in particular on the least-developed ACP States of the application of the rules of origin and shall recommend to the Council of Ministers appropriate measures.

Article 30

1. Derogations from this Protocol may be adopted by the Committee where the development of existing industries or the creation of new industries justifies them. The ACP State or States concerned shall, either before or when the ACP States submit the matter to the Committee, notify the Community of its request for a derogation together with the reasons for the request in accordance with Explanatory Note 10.

The examination of requests shall in particular take into account:

(a) the level of development or the geographical situation of the ACP State or States concerned;

(b) cases where the application of the existing rules of origin would affect significantly the ability of an existing industry in an ACP State to continue its exports to the Community, with particular reference to cases where this could lead to cessation of its activities;

(c) specific cases where it can be clearly demonstrated that significant investment in an industry could be deterred by the rules of origin and where a derogation favouring the realization of the investment programme would enable these rules to be satisfied by stages.

3. In every case an examination shall be made to ascertain whether the rules relating to cumulation of origin do not provide a solution to the problem.

In addition when a request for derogation concerns a least-developed ACP State, its examination shall be carried out with a favourable bias having particular regard to:

(a) the economic and social impact of the decision to be taken especially in respect of employment;

(b) the need to apply the derogation for a period taking into account the particular situation of the least-developed ACP State concerned and its difficulties.

5. The examination of requests shall in particular take into account on a case-by-case basis, the possibility of conferring originating status on products which include in their composition products originating in neighbouring developing countries or in developing countries with which one or more ACP States have special relationships, provided that satisfactory administrative cooperation can be established.

6. The Committee shall take steps necessary to ensure that a decision is reached as quickly as possible, and in any case not later than three months after referral to the Community. In the event of a decision not being taken by the Committee, the Committee of Ambassadors shall be called upon to decide within one month after the date on which the matter is referred to it.

7. (a) The derogations shall be valid for a period to be determined by the Committee which shall generally be of two years. This period may be extended to a maximum of three years, when the derogations concern a least-developed ACP State.

(b) The derogation decision may provide for renewals for periods of one year without a new decision of the Committee being necessary provided that the ACP State or States concerned submit, three months before the end of each period, proof that they are still unable to meet the conditions of this Protocol which have been derogated from.

(c) If any objection is made to the extension the Committee shall examine such an objection as soon as possible and decide whether to prolong the derogation. The Committee shall proceed as provided for in paragraph 6. All necessary measures shall be taken to avoid interruptions in the application of the derogation.

Article 31

The contracting parties undertake to examine in an appropriate institutional framework, from the date of the signature of the Convention, any applications for derogations from this Protocol, with a view to allowing them to enter into force at the same date as the Convention.

Article 32

The Annexes to this Protocol shall form an integral part thereof.

Article 33

The Community and the ACP States shall each take the steps necessary to implement this Protocol.

ANNEX I EXPLANATORY NOTES

Note 1 : Articles 1 and 2 (1)

The terms "one or more ACP State", "the Community" and "countries and territories" shall also cover their territorial waters.

Sea-going vessels, including factory ships, on which the fish caught is worked or processed shall be considered as part of the territory of the ACP States, the Community or the countries and territories to which they belong, provided that they satisfy the conditions set out in Explanatory Note 6.

Note 2 : Article 1 (1) (b)

In order to determine whether goods originate in an ACP State, the Community or one of the countries or territories, it shall not be necessary to establish whether the electrical power, fuel, plant and equipment and machines and tools used to obtain such goods or whether any products used in the course of production which do not enter and which were not intended to enter into the final composition of the goods originate in third countries or not.

Note 3 : Article 1

Where a percentage rule is applied in determining originating status of a product obtained in an ACP State, the value added by the working or processing referred to in Article 1 shall correspond to the ex-works price of the product obtained less the customs value of third-country products imported into the Community, the ACP States or the "countries and territories".

Note 4 : Article 3 (1) and (2) and Article 4

The percentage rule constitutes, where the product obtained appears in List A, a criterion additional to that of change of tariff heading for any non-originating product used.

Note 5 : Article 1

For the purpose of applying the rules of origin, packaging material is regarded as forming a whole with the products contained therein. This provision, however, shall not apply to packaging which is not of the normal type for the article packed and which has intrinsic utilization value and is of a durable nature, apart from its function as packaging.

Note 6

The term "their vessels" shall apply only to vessels: -

which are registered or recorded in a Member State or an ACP State,

- which sail under the flag of a Member State or an ACP State,

- which are owned to an extent of at least 50 %, by nationals of States party to the Convention or by a company with its head office in one of these States, of which the manager or managers, chairman of the board of directors or of the supervisory board, and the majority of the members of such hoard, are nationals of States parry to the Convention and of which, in addition in the case of (1) On these rules, refer to the examination provided for in the joint declaration on the origin of fishery products (p. 173). partnerships or limited companies, at least half the capital belongs to States party to the Convention or to public bodies or nationals of such States,

- of which at least 50 % of the crew, captain and officers included, are nationals of States party to the Convention.

Note 7 : Article 4

"Ex-works price" shall mean the price paid to the manufacturer in whose undertaking the last working or processing is carried out, provided the price includes the value of all the products used in manufacture.

"Customs value" shall be understood as meaning the customs value laid down in the Convention concerning the valuation of goods for customs purposes signed in Brussels on 15 December 1950.

Note 8 : Article 23

The authorities consulted shall furnish any information concerning the conditions under which the product has been made, indicating especially the conditions in which the rules of origin have been respected in the various ACP States, Member States or countries and territories concerned.

Note 9 : Article 1 (3)

Within the meaning of this protocol "countries and territories" shall mean the countries and territories referred to in Part Four of the Treaty establishing the European Economic Community.

Note 10 : Article 30 (1)

In order to facilitate the examination by the Customs Cooperation Committee of requests for derogation, the ACP State making the request shall furnish in support of its request the fullest possible information covering in particular the points listed below:

- description of the finished product,

- nature and quantity of products originating in a third country,

- nature and quantity of products originating in ACP States, the Community or the overseas countries and territories or which have been processed there,

- manufacturing process,

- value added,

- number of employees in the undertaking concerned,

- anticipated volume of exports to the Community,

- other possible sources of supply for raw materials,

- reasons for the duration requested in the light of efforts made to find new sources of supply,

- other observations.

The same rules apply to any requests for extension.

The period stipulated in Article 30 (6) shall run from the date of notification to the Community.

ANNEX II

LIST A

List of working or processing operations carried out on non-originating materials which result in a change of tariff heading without conferring the status of "originating products" on the products resulting from such operations, or conferring this status only subject to certain conditions

ANNEX III

LIST B

List of working or processing operations which when carried out on non-originating materials do not result in a change of tariff heading, but which do confer the status of "originating products" on the products resulting from such operations

ANNEX IV

LIST C

List of products excluded from the scope of this Protocol

ANNEX V MOVEMENT CERTIFICATE

APPLICATION FOR A MOVEMENT CERTIFICATE

DECLARATION BY THE EXPORTER

ANNEX VI

ANNEX VII SPECIMEN OF DECLARATION

ANNEX VIII

PROTOCOL 4 on bananas

The Community and the ACP States agree to the following objectives for improving the conditions under which the ACP States' bananas are produced and marketed, and agree that appropriate measures will be taken for their implementation.

Article 1

As regards its exports of bananas to the markets of the Community, no ACP State will be placed, as regards access to its traditional markets and its advantages on those markets, in a less favourable situation than in the past or at present.

Article 2

Each of the ACP States concerned and the Community will confer together in order to determine the measures to be implemented to improve conditions for the production and marketing of bananas. This aim will be pursued by using all the means provided for in the context of financial and technical cooperation. The measures in question will be designed to enable the ACP States, particularly Somalia, account being taken of their individual situations, to become more competitive both on their traditional markets and on the other markets of the Community. Measures will be implemented at all stages from production to consumption and will cover the following fields in particular: -

improvement of production, harvesting, handling and internal transport conditions,

- trade promotion.

Article 3

For the purpose of attaining these objectives, the two parties agree to confer together in a permanent joint group, assisted by a group of experts whose task will be to keep under continuous review any specific problems arising from application of this Protocol in order to suggest solutions.

Article 4

Should the banana-producing ACP States decide to set up a joint organization for the purpose of attaining the objectives of this Protocol, the Community will support such an organization and will give consideration to any requests it may receive for support for the organization's activities which fall within the scope of regional schemes under the heading of financial and technical cooperation.

PROTOCOL 5 on rum Article 1

Until the entry into force of a common organization of the market in spirits, products of tariff subheading 22.09 C I originating in the ACP States shall be imported duty free into the Community under conditions such as to permit the development of traditional trade flows between the ACP States and the Community and between the Member States.

Article 2 (a)

For the purposes of applying Article 1 and by derogation from Article 2 (1) of the Convention, the Community shall each year fix the quantities which may be imported free of customs duties on the basis of the largest annual quantities imported from the ACP States into the Community in the last three years for which statistics are available, increased by an annual growth rate of 40 % on the market of the United Kingdom and 18 % on the other markets of the Community.

(b) Where the application of the provisions of the point (a) hampers the development of a traditional trade flow between the ACP States and a Member State, the Community shall take appropriate measures to remedy this situation.

(c) To the extent that the consumption of rum increases significantly in the Member States, the Community commits itself to engaging in a new examination of the annual percentage increase fixed by the present Protocol.

(d) The Community declares itself prepared to proceed to appropriate consultations before determining the measures provided for in (b).

(e) The Community moreover declares itself willing to seek with the interested ACP States measures capable of allowing an expansion of their sales of rum in non-traditional markets.

Article 3

With a view to attaining these objectives the parties agree to confer together within a joint working party whose role will be to examine continuously any specific problems arising from application of this Protocol.

Article 4

At the request of the ACP States the Community, within the framework of the provisions of Title I, Chapter 3, shall assist the ACP States in promoting and expanding their sales in the traditional and non-traditional markets of the Community.

FINAL ACT

The Plenipotentiaries

of the Council of the European Communities,

of the one part, and

the Plenipotentiary

of the President of the Republic of Zimbabwe,

of the other part,

meeting in Luxembourg on 4 November 1980, for the signing of the Interim Agreement between the European Economic Community and the Republic of Zimbabwe, have adopted the following texts: - the Interim Agreement between the European Economic Community and the Republic of Zimbabwe, and the Annex thereto,

- Protocol 1 concerning the definition of the concept of "originating products" and methods of administrative cooperation,

- Protocol 4 on bananas,

- Protocol 5 on rum,

these Protocols forming an integral part of the second ACP-EEC Convention, signed in Lomé on 31 October 1979.

The Plenipotentiaries of the Member States and of the Community and the Plenipotentiary of Zimbabwe have also agreed that the following Declarations annexed to the Final Act of the Convention shall be applicable mutatis mutandis:

1. 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 2 (2) of the Convention (Annex II).

2. Joint declaration on Articles 9 and 11 of the Convention (Annex III).

3. Joint declaration on products covered by the common agricultural policy (Annex IV).

4. Joint declaration on Protocol 1 (Annex XX).

5. Joint declaration on Protocol 5 (Annex XXII).

6. Joint declaration on Article 1 of Protocol 5 (Annex XXIII).

7. Joint declaration on Article 4 of Protocol 5 (Annex XXIV).

They have also adopted the text of the following joint declaration:

8. Joint declaration on Article 9 (2) of the Convention:

Having regard to Article 9 of the second ACP-EEC Convention and to the Declaration in Annex XXVIII to the Convention, the Community recognizes and the Government of Zimbabwe declares:

- that if any modification to the Zimbabwe tariff and to its preferential arrangements with a developed third country is contemplated, the Government of Zimbabwe will enter into immediate consultations with the Community regarding such intentions;

- that the Government of Zimbabwe and the Community will have immediate consultations at the request of either party, whenever the preferential treatment granted to another developed country might be considered as giving rise to less favourable treatment for Community exports.

The Plenipotentiary of the Republic of Zimbabwe has taken note of the content, mutatis mutandis, of the following declarations annexed to the Final Act of the Convention:

9. Community declaration on trade liberalization (Annex XXV).

10.Community declaration on Article 2 (2) of the Convention (Annex XXVI).

11. Community declaration on Article 3 of the Convention (Annex XXVII).

12. Community declaration on Article 9 (2) (a) of the Convention (Annex XXVIII).

13. Community declaration on 12 (3) of the Convention (Annex XXIX).

14. Community declaration on Articles 30 and 31 of Protocol 1 (Annex XXXVI).

Til bekræftelse af dette har de undertegnede befuldmægtigede sat deres underskrifter under denne slutakt.

Zu Urkund dessen haben die unterzeichneten Bevollmächtigten ihre Unterschriften unter diese Schlußakte gesetzt.

In witness whereof, the undersigned Plenipotentiaries have affixed their signatures below this Final Act.

En foi de quoi, les plénipotentiaires soussignés ont apposé leurs signatures au bas du présent acte final.

In fede di che, i plenipotenziari sottoscritti hanno apposto le loro firme in calce al presente atto finale.

Ten blijke waarvan de ondergetekende gevolmachtigden hun handtekening onder deze Slotakte hebben gesteld.

Udfærdiget i Luxembourg, den fjerde november nitten hundrede og firs.

Geschehen zu Luxemburg am vierten November neunzehnhundertachtzig.

Done at Luxembourg on the fourth day of November in the year one thousand nine hundred and eighty.

Fait à Luxembourg, le quatre novembre mil neuf cent quatre-vingt.

Fatto a Lussemburgo, addì quattro novembre millenovecentottanta.

Gedaan te Luxemburg, de vierde november negentienhonderd tachtig.

For Rådet for De europæiske Fællesskaber

Für den Rat der Europäischen Gemeinschaften

For the Council of the European Communities

Pour le Conseil des Communautés européennes

Per il Consiglio delle Comunità europee

Voor de Raad van de Europese Gemeenschappen

For præsidenten for republikken Zimbabwe

Für den Präsidenten der Republik Simbabwe

For the President of the Republic of Zimbabwe

Pour le président de la république du Zimbabwe

Per il Presidente della Repubblica di Zimbabwe

Voor de President van de Republiek Zimbabwe

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 2 (2) of the Convention (Annex II)

The Contracting Parties reaffirm that Chapters 1 and 3 of Title I of the Convention apply to the relations between the French overseas departments and the ACP States.

The Community shall have the right, during the life of the Convention, to amend, in the light of the economic development requirements of the French overseas departments, the arrangements governing access to the latter's markets for products originating in the ACP States referred to in Article 2 (2) of the Convention.

When examining the possible application of this right the Community will take into consideration the direct trade between the ACP States and the French overseas departments. Information and consultation procedures shall apply between the parties concerned in accordance with the provisions of Article 16.

Joint declaration on Articles 9 and 11 of the Convention (Annex III)

If special tariff treatment were applied by the ACP States to imports of products originating in the Community, the provisions of Protocol 1 would apply mutatis mutandis. In all other cases where the treatment applied to imports by the ACP States necessitates the provision of proof of origin, those States shall accept certificates of origin drawn up in accordance with the relevant international agreements.

Joint declaration on products covered by the common agricultural policy (Annex IV)

The Contracting Parties recognize that products covered by the common agricultural policy follow specific rules and regulations, in particular with regard to safeguard measures. The provisions of the Convention concerning the safeguard clause may be applied to these products only in so far as they are consistent with the specific nature of these rules and regulations.

Joint declarations on Protocol 1 (Annex XX)

1. For the purposes of applying Article 5 (2) (c) of the Protocol, the certificate of sea transport, issued in the first port of embarkation for the Community, shall be equivalent to the through bill of lading for products covered by movement certificates issued in land-locked ACP States.

2. Products exported from land-locked ACP States which are warehoused elsewhere than in the ACP States or the countries and territories referred to in Explanatory Note 9 may be the subject of movement certificates issued under the circumstances referred to in Article 7 (2).

3. For the purpose of Article 7 (1) of the Protocol, certificates EUR.1 issued by a competent authority and endorsed by the customs authorities will be accepted.

4. In order to help ACP undertakings in their efforts to find new sources of supply with a view to benefiting to the maximum extent from the provisions of the Protocol as regards cumulation of origin, steps will be taken to ensure that the Centre for Industrial Development provides assistance to ACP operators in the establishment of appropriate contacts with suppliers in the ACP States, the Community and the countries and territories, as well as to promote relations in the field of industrial cooperation among the operators concerned.

Furthermore, the Contracting Parties agree that a manual on the rules of origin shall be established for the use of the officials involved and of exporters ; they also envisage supplementing the issue of this manual by information seminars.

Joint declaration on Protocol 5 (Annex XXII)

The Member States undertake that their licensing system shall not be operated by their authorities in such a way as to impede the import of the quantities of rum specified in Article 2 (a).

Joint declaration on Article 1 of Protocol 5 (Annex XXIII)

In the event of the introduction of a common organization of the market in alcohol the Community undertakes to consult with the traditional exporters of rum with the aim of safeguarding their interests under changing market conditions.

Joint declaration on Article 4 of Protocol 5 (Annex XXIV)

The Contracting Parties note that the Community has agreed to the provisions of Article 4 on condition that:

(a) any ACP State wishing to benefit from these provisions shall include appropriate trade promotion projects for rum in its national indicative programme;

(b) the Community's acceptance does not prejudge the legislation of Member States in matters of alcohol advertising.

Community declaration on trade liberalization (Annex XXV)

The Community is conscious of the need to ensure, in the overall application of this Convention, the maintenance of the competitive position of the ACP States where their trade advantages on the Community market are affected by measures relating to general trade liberalization.

The Community declares its willingness, whenever ACP States bring to its attention any specific case, to study jointly specific appropriate action with a view to safeguarding the interests of the latter.

Community declaration on Article 2 (2) of the Convention (Annex XXVI)

For the purposes of applying Article 2 (2) of the Convention, the Community is prepared, for the purposes of achieving the aims set out in Article 1, to begin an examination of requests by the ACP States that other agricultural products referred to in Article 2 (2) (a) of the Convention should benefit from special treatment.

This examination will cover either new agricultural productions for which there would be real possibilities of export to the Community, or current products not covered by the provisions for implementing the treatment referred to above, in so far as these exports might assume an important position in the exports of one or more ACP States.

Community declaration on Article 3 of the Convention (Annex XXVII) Article 3 (1) of the Convention shall be without prejudice to the special system applicable to imports of motor vehicles and the motor vehicle assembly industry in Ireland which are the subject of Protocol 7 to the Act concerning the conditions of accession and the adjustments to the Treaties.

European Communities International Agreements

Interim Agreement between the European Economic Community and the Republic of Zimbabwe [1980] EUTSer 147; OJ L 372, 31.12.1980, p. 2

21980A1104(01)