Final Act

Pages2-50

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The Plenipotentiaries of:

HIS MAJESTY THE KING OF THE BELGIANS,

THE PRESIDENT OF THE CZECH REPUBLIC,

HER MAJESTY THE QUEEN OF DENMARK,

THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY,

THE PRESIDENT OF THE REPUBLIC OF ESTONIA,

THE PRESIDENT OF THE HELLENIC REPUBLIC,

HIS MAJESTY THE KING OF SPAIN,

THE PRESIDENT OF THE FRENCH REPUBLIC,

THE PRESIDENT OF IRELAND,

THE PRESIDENT OF THE ITALIAN REPUBLIC,

THE PRESIDENT OF THE REPUBLIC OF CYPRUS,

THE PRESIDENT OF THE REPUBLIC OF LATVIA,

THE PRESIDENT OF THE REPUBLIC OF LITHUANIA,

HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG,

THE PRESIDENT OF THE REPUBLIC OF HUNGARY,

THE PRESIDENT OF MALTA,

HER MAJESTY THE QUEEN OF THE NETHERLANDS,

THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA,

THE PRESIDENT OF THE REPUBLIC OF POLAND,

THE PRESIDENT OF THE PORTUGUESE REPUBLIC,

THE PRESIDENT OF THE REPUBLIC OF SLOVENIA,

THE PRESIDENT OF THE SLOVAK REPUBLIC,

THE PRESIDENT OF THE REPUBLIC OF FINLAND,

THE GOVERNMENT OF THE KINGDOM OF SWEDEN,

HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

Contracting Parties to the Treaty establishing the European Community, hereinafter referred to as "the Community", the States of the Community being hereinafter referred to as "Member States",and of THE EUROPEAN COMMUNITY, of the one part, and LTHE PRESIDENT OF THE REPUBLIC OF ANGOLA,

HER MAJESTY THE QUEEN OF ANTIGUA AND BARBUDA,

THE HEAD OF STATE OF THE COMMONWEALTH OF THE BAHAMAS,

THE HEAD OF STATE OF BARBADOS,

HER MAJESTY THE QUEEN OF BELIZE,

THE PRESIDENT OF THE REPUBLIC OF BENIN,

THE PRESIDENT OF THE REPUBLIC OF BOTSWANA,

THE PRESIDENT OF BURKINA FASO,

THE PRESIDENT OF THE REPUBLIC OF BURUNDI,

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THE PRESIDENT OF THE REPUBLIC OF CAMEROON,

THE PRESIDENT OF THE REPUBLIC OF CAPE VERDE,

THE PRESIDENT OF THE CENTRAL AFRICAN REPUBLIC,

THE PRESIDENT OF THE ISLAMIC FEDERAL REPUBLIC OF THE COMOROS,

THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF CONGO,

THE PRESIDENT OF THE REPUBLIC OF CONGO,

THE GOVERNMENT OF THE COOK ISLANDS,

THE PRESIDENT OF THE REPUBLIC OF CTE D'IVOIRE,

THE PRESIDENT OF THE REPUBLIC OF DJIBOUTI,

THE GOVERNMENT OF THE COMMONWEALTH OF DOMINICA,

THE PRESIDENT OF THE DOMINICAN REPUBLIC,

THE PRESIDENT OF THE STATE OF ERITREA,

THE PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA,

THE PRESIDENT OF THE SOVEREIGN DEMOCRATIC REPUBLIC OF FIJI,

THE PRESIDENT OF THE GABONESE REPUBLIC,

THE PRESIDENT AND HEAD OF STATE OF THE REPUBLIC OF THE GAMBIA,

THE PRESIDENT OF THE REPUBLIC OF GHANA,

HER MAJESTY THE QUEEN OF GRENADA,

THE PRESIDENT OF THE REPUBLIC OF GUINEA,

THE PRESIDENT OF THE REPUBLIC OF GUINEA-BISSAU,

THE PRESIDENT OF THE REPUBLIC OF EQUATORIAL GUINEA,

THE PRESIDENT OF THE REPUBLIC OF GUYANA,

THE PRESIDENT OF THE REPUBLIC OF HAITI,

THE HEAD OF STATE OF JAMAICA,

THE PRESIDENT OF THE REPUBLIC OF KENYA,

THE PRESIDENT OF THE REPUBLIC OF KIRIBATI,

HIS MAJESTY THE KING OF THE KINGDOM OF LESOTHO,

THE PRESIDENT OF THE REPUBLIC OF LIBERIA,

THE PRESIDENT OF THE REPUBLIC OF MADAGASCAR,

THE PRESIDENT OF THE REPUBLIC OF MALAWI,

THE PRESIDENT OF THE REPUBLIC OF MALI,

THE GOVERNMENT OF THE REPUBLIC OF THE MARSHALL ISLANDS,

THE PRESIDENT OF THE ISLAMIC REPUBLIC OF MAURITANIA,

THE PRESIDENT OF THE REPUBLIC OF MAURITIUS,

THE GOVERNMENT OF THE FEDERATED STATES OF MICRONESIA,

THE PRESIDENT OF THE REPUBLIC OF MOZAMBIQUE,

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THE PRESIDENT OF THE REPUBLIC OF NAMIBIA,

THE GOVERNMENT OF THE REPUBLIC OF NAURU,

THE PRESIDENT OF THE REPUBLIC OF NIGER,

THE PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA,

THE GOVERNMENT OF NIUE,

THE GOVERNMENT OF THE REPUBLIC OF PALAU,

HER MAJESTY THE QUEEN OF THE INDEPENDENT STATE OF PAPUA NEW GUINEA,

THE PRESIDENT OF THE RWANDESE REPUBLIC,

HER MAJESTY THE QUEEN OF SAINT KITTS AND NEVIS,

HER MAJESTY THE QUEEN OF SAINT LUCIA,

HER MAJESTY THE QUEEN OF SAINT VINCENT AND THE GRENADINES,

THE HEAD OF STATE OF THE INDEPENDENT STATE OF SAMOA,

THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF SO TOM AND PRNCIPE,

THE PRESIDENT OF THE REPUBLIC OF SENEGAL,

THE PRESIDENT OF THE REPUBLIC OF SEYCHELLES,

THE PRESIDENT OF THE REPUBLIC OF SIERRA LEONE,

HER MAJESTY THE QUEEN OF SOLOMON ISLANDS,

THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA,

THE PRESIDENT OF THE REPUBLIC OF THE SUDAN,

THE PRESIDENT OF THE REPUBLIC OF SURINAME,

HIS MAJESTY THE KING OF THE KINGDOM OF SWAZILAND,

THE PRESIDENT OF THE UNITED REPUBLIC OF TANZANIA,

THE PRESIDENT OF THE REPUBLIC OF CHAD,

THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF TIMOR-LESTE,

THE PRESIDENT OF THE TOGOLESE REPUBLIC,

HIS MAJESTY KING TAUFA'AHAU TUPOU IV OF TONGA,

THE PRESIDENT OF THE REPUBLIC OF TRINIDAD AND TOBAGO,

HER MAJESTY THE QUEEN OF TUVALU,

THE PRESIDENT OF THE REPUBLIC OF UGANDA,

THE GOVERNMENT OF THE REPUBLIC OF VANUATU,

THE PRESIDENT OF THE REP. OF ZAMBIA,

THE GOVERNMENT OF THE REPUBLIC OF ZIMBABWE,

whose States are hereinafter referred to as "ACP States", of the other part, meeting in Benin on the twenty-third day of June in the year two thousand for the signature of the ACP EC Partnership Agreement and in Luxembourg on the twenty-fifth day of June in the year two thousand and five for the signature of the Agreement amending the ACP-EC Partnership Agreement have adopted the following texts:

The Agreement amending the ACP EC Partnership Agreement, and the following Annexes and Protocols:

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Annexe I

Financial Protocol

Annexe Ia

Multi-annual financial framework of cooperation under this Agreement

ANNEXE Ib

Multi-annual financial framework of the period 2008 to 2013

Annexe II

Terms and Conditions of Financing

Annexe III

Institutional Support - CDE and CTA

Annexe IV

Implemenzation and management procedures

Annexe V

Trade regime applicable during the preparatory period referred to in Article 37(1)

Annexe VI

List of the least developed, landlocked and island ACP States

Annexe VII

Political dialogue as regards human rights, democratic principles and the rule of law

Protocol 1

on operating expenditure

of the joint institutions

Protocol 2

on privileges and immunities

Protocol 3

on South Africa

The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of the ACP States have adopted the texts of the declarations listed below annexed to this Final Act:

Cotonou, 23 June 2000 O.J. L 317, 15 December 2000

Declaration I

Joint Declaration on the actors of the Partnership (Article 6)

Declaration II

Declaration of the Commission and the Council of the European Union on the clause concerning the return and readmission of illegal immigrants (Article 13(5))

Declaration III

Joint Declaration on participation in the Joint Parliamentary Assembly (Article 17(1))

Declaration IV

Community Declaration on the financing of the ACP Secretariat

Declaration V

Community Declaration on the financing of the joint institutions

Declaration VI

Community Declaration relating to the Protocol on privileges and immunities

Declaration VII

Declaration by the Member States relating to the Protocol on privileges and immunities

Declaration VIII

Joint Declaration relating to the Protocol on privileges and immunities

Declaration IX

Joint Declaration on Article 49(2) on trade and environment

Declaration X

ACP Declaration on trade and environment

Declaration XI

Joint Declaration on the ACP cultural heritage

Declaration XII

Declaration by the ACP States on return or restitution of cultural property

Declaration XIII

Joint Declaration on copyright

Declaration XIV

Joint Declaration on regional cooperation and the outermost regions (Article 28)

Declaration XV

Joint Declaration on accession

Declaration XVI

Joint Declaration on accession of the overseas countries and territories referred to in Part Four of the EC Treaty Declaration XVII

Joint Declaration on Article 66 (debt relief ) of the Agreement

Declaration XVIII

EU Declaration on the Financial Protocol

Declaration XIX

Declaration by the Council and the Commission on the Programming Process Declaration XX Joint Declaration on the impact of Export Revenue Fluctuations on Vulnerable Small, Island and Landlocked ACP States

Declaration XXI

Community Declaration on Article 3 of Annexe IV

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Declaration XXII

Joint Declaration concerning agricultural products referred to in Article 1(2)(a) of Annexe V

Declaration XXIII

Joint Declaration on market access in the EC ACP Partnership

Declaration XXIV

Joint Declaration on rice

Declaration XXV

Joint Declaration on rum

Declaration XXVI

Joint Declaration on beef and veal

Declaration XXVII

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 1(2) of Annexe V

Declaration XXVIII

Joint Declaration on cooperation between ACP States and the neighbouring overseas countries and territories and French overseas departments

Declaration XXIX

Joint Declaration on products covered by the common agricultural policy

Declaration XXX

ACP Declaration on Article 1 of Annexe V

Declaration XXXI

Community Declaration on Article 5(2)(a) of Annexe V

Declaration XXXII

Joint Declaration on non-discrimination

Declaration XXXIII

Community Declaration on Article 8(3) of Annexe V

Declaration XXXIV

Joint Declaration on Article 12 of Annexe V

Declaration XXXV

Joint Declaration relating to Protocol 1 on Article 7 of Annexe V

Declaration XXXVI

Joint Declaration relating to Protocol 1 of Annexe V

Declaration XXXVII

Joint Declaration relating to Protocol 1 of Annexe V on the origin of fishery products Declaration XXXVIII

Community Declaration relating to Protocol 1 of Annexe V on the extent of territorial waters

Declaration XXXIX

ACP Declaration relating to Protocol 1 of Annexe V on the origin of fishery products

Declaration XL

Joint Declaration on the application of the value tolerance rule in the tuna sector

Declaration XLI

Joint Declaration on Article 6(11) of Protocol 1 of Annexe V

Declaration XLII

Joint Declaration on rules of origin: cumulation with South Africa

Declaration XLIII

Joint Declaration on Annexe 2 to Protocol 1 of Annexe V

Luxembourg, 25 June 2005 O.J. L 287, 28 October 2005

Declaration I

Joint Declaration on Article 8 of the Cotonou Agreement

Declaration II

Joint Declaration on Article 68 of the Cotonou Agreement

Declaration III

Joint Declaration on Annexe Ia

Declaration IV

Joint Declaration on Article 3(5) of Annexe IV

Declaration V

Joint Declaration on Article 9(2) of Annexe IV

Declaration VI

Joint Declaration on Article 12(2) of Annexe IV

Declaration VII

Joint Declaration on Article 13 of Annexe IV

Declaration VIII

Joint Declaration on Article 19a of Annexe IV

Declaration IX

Joint Declaration on Article 24(3) of Annexe IV

Declaration X

Joint Declaration on Article 2 of Annexe VII

Declaration XI

Community Declaration on Articles 4 and 58(2) of the Cotonou Agreement

Declaration XII

Community Declaration on Article 11a of the Cotonou Agreement

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Declaration XIII

Community Declaration on Article 11b(2) of the Cotonou Agreement

Declaration XIV

Community Declaration on Articles 28, 29, 30 and 58 of the Cotonou Agreement and on Article 6 of Annexe IV

Declaration XV

European Union Declaration on Annexe Ia

Declaration XVI

Community Declaration on Articles 4(3), 5(7), 16(5) and (6) and 17(2) of Annexe IV

Declaration XVII

Community Declaration on Article 4(5) of Annexe IV

Declaration XVIII

Community Declaration on Article 20 of Annexe IV

Declaration XIX

Community Declaration on Articles 34, 35 and 36 of Annexe IV

Declaration XX

Community Declaration on Article 3 of Annexe VII

Port Moresby, 1 and 2 June 2006 O.J. L 247, 09 September 2006

  1. EPAs: EU Declaration:

  2. Decommitted funds: Community Declaration

  3. Interest subsidies: Community Declaration

Declaration I Joint Declaration on the actors of the partnership (Article 6)

The Parties agree that the definition of civil society may differ significantly according to the socio economic and cultural conditions of each ACP country. However, they believe that this definition may include inter alia the following organisations: human rights groups and agencies, grassroots organisations, women's associations, youth organisations, child-protection organisations, environmental movements, farmers' organisations, consumers' associations, religious organisations, development support structures (NGOs, teaching and research establishments), cultural associations and the media.

Declaration II Declaration of the Commission and the Council of the European Union on the clause concerning the return and readmission of illegal immigrants (Article 13(5))

Article 13(5) shall be without prejudice to the internal division of powers between the Community and its Member States for the conclusion of readmission agreements.

Declaration III Joint Declaration on participation in the Joint Parliamentary Assembly (Article 17(1))

The Parties reaffirm the role of the Joint Parliamentary Assembly in promoting and defending democratic processes through dialogue between members of parliament, and agree that the participation of representatives who are not members of a parliament, as set out in Article 17, shall be allowed only in exceptional circumstances.

Such participation shall be subject to the approval of the Joint Parliamentary Assembly before each session.

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Declaration IV Community Declaration on the financing of the ACP Secretariat

The Community shall contribute to the cost of running the ACP Secretariat from intra ACP cooperation resources.

Declaration V Community Declaration on the financing of the joint institutions

The Community, being aware that expenditure in connection with interpreting at meetings and the translation of documents is expenditure incurred essentially for its own requirements, is prepared to continue past practice and meet this expenditure both for meetings of the institutions of the Agreement which take place in the territory of a Member State and those which take place in the territory of an ACP State.

Declaration VI Community Declaration relating to the Protocol on privileges and immunities

The Protocol on privileges and immunities is a multilateral act from the point of view of international law. However, any specific problems that may arise in the host State regarding the application of this Protocol should be settled by bilateral agreement with that State.

The Community has noted the ACP States' requests that certain provisions of Protocol 2 be modified, notably as regards the status of the staff of the ACP Secretariat, the Centre for the Development of Enterprise (CDE) and the Centre for the Development of Agriculture (CTA).

The Community is willing to seek jointly appropriate solutions in respect of the ACP States' requests with a view to establishing a separate legal instrument as referred to above.

In this context, the host country will, without derogating from the present benefits enjoyed by the ACP Secretariat, the CDE, the CTA and their staff:

1) Show understanding as regards the interpretation of the expression "staff of senior rank", such an interpretation to be arrived at by mutual agreement;

2) Recognise the powers delegated by the President of the Council of ACP Ministers to the Chairman of the ACP EC Committee of Ambassadors, in order to simplify implementation of Article 9 of the Protocol;

3) Agree to grant certain facilities to the staff of the ACP Secretariat, the CDE and the CTA to facilitate initial installation in the host country;

4) Examine in an appropriate way tax related questions concerning the ACP Secretariat, the CDE and the CTA and their staff.

Declaration VII Declaration by the Member States relating to the Protocol on privileges and immunities

The Member States shall strive, in the context of their respective regulations, to facilitate throughout their respective territories, the movement in pursuit of their official duties of ACP diplomats accredited to the Community, members of the ACP Secretariat referred to in Article 7 of Protocol 2, whose names and positions shall be communicated in accordance with Article 9 of that Protocol, and the ACP executives of the CDE and the CTA.

Declaration VIII Joint Declaration relating to the Protocol on privileges and immunities

Within the context of their respective regulations, the ACP States shall grant Commission delegations privileges and immunities similar to those granted to diplomatic missions so that they are able to carry out the functions incumbent onPage 9 them under the Agreement in a satisfactory and effective manner.

Declaration IX Joint Declaration on Article 49 (2) on trade and environment

Keenly aware of the specific risks attaching to radioactive waste, the Parties will refrain from any practice of discharging such waste which would encroach upon the sovereignty of States or threaten the environment or public health in other countries. They attach the greatest importance to developing international cooperation to protect the environment and public health against such risks. They accordingly affirm their determination to play an active part in the work being done in the IAEA to produce an internationally approved code of good practice.

Council Directive 92/3/Euratom of 3 February 1992 on the supervision and control of shipments of radioactive waste between Member States and into and out of the Community defines the term "radioactive waste" as any material, which contains or is contaminated by radio nuclides and for which no use is foreseen. The Directive is applicable to shipments of radioactive waste between Member States and into and out of the Community whenever the quantities and concentration exceed the levels laid down in Article 3(2)(a) and (b) of the Council Directive 96/29/Euratom of 13 May 1996. The defined levels ensure basic safety standards for the protection of health of workers and the general public against the dangers arising from ionising radiation.

Shipments of radioactive waste are subject to a system of prior authorisation as defined in Directive 92/3/Euratom of 3 February 1992 on the supervision and control of shipments of radioactive waste between Member States and into and out of the Community. Article 11(1)b of the Directive stipulates that the competent authorities of Member States shall not authorise shipments of radioactive waste to a State party to the Fourth ACP EEC Convention which is not a member of the Community, taking account, however, of Article 14. The Community ensures that Article 11 of Directive 92/3/Euratom will be revised to cover all Parties of this Agreement which are not members of the Community. Until then, the Community will act, as if the abovementioned parties would already be covered.

The Parties shall make every effort to sign and ratify as quickly as possible the Basle Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, as well as the 1995 amendment to the Convention, as laid down in Decision III/1.

Declaration X ACP Declaration on trade and environment

The ACP States are seriously concerned about environmental problems in general and the transboundary movement of hazardous, nuclear and other radioactive wastes in particular.

In interpreting and implementing the provisions of Article 32(1)(d) of the Agreement, the ACP States have expressed their determination to be guided by the principles and the provisions of the OAU Resolution on the Control of Transboundary Movements of Hazardous Wastes and their Disposal in Africa as contained in AHG 182 (XXV).

Declaration XI Joint Declaration on the ACP cultural heritage
  1. The Parties express their common will to promote the preservation and enhancement of the cultural heritage of each ACP country, at the international, bilateral and private level and in the context of this Agreement.

  2. The Parties acknowledge the need to facilitate the access of ACP historians and researchers to archives with a viewPage 10 to promoting the development of exchange of information on the cultural heritage of ACP States.

  3. They acknowledge the usefulness of providing assistance for the appropriate activities conducted especially in the area of training, for the preservation, protection and exhibition of cultural properties, monuments and objects, including the promulgation and implementation of appropriate legislation.

  4. They underpin the importance of undertaking common cultural activities, facilitating the mobility of ACP and European artists, as well as the exchanges of cultural objects which are symbolic of their cultures and civilisations with a view to enhancing mutual understanding and solidarity between their respective populations.

Declaration XII Declaration by the ACP States on return or restitution of cultural property

The ACP States urge the Community and its Member States, insofar as they acknowledge the legitimate right of the ACP States to cultural identity, to promote the return or restitution of cultural prop-erty taken from ACP States and now to be found in Member States.

Declaration XIII Joint Declaration on copyright

The Parties acknowledge that promotion of copyright protection is an integral part of cultural cooperation, the aim of which is to enhance all forms of human expression. Furthermore, such protection is a prerequisite for nurturing and developing production, dissemination and publishing activities.

Consequently, the two Parties shall, in the context of ACP EC cultural cooperation, seek to promote and foster respect for copyright and related rights.

In this context, and in accordance with the rules and procedures laid down by the Agreement, the Community may offer financial and technical support for disseminating copyright information, training economic operators in the protection of such rights and drafting national legislation for their better protection.

Declaration XIV Joint Declaration on regional cooperation and the outermost regions (Article 28)

The reference to the outermost regions concerns the Spanish autonomous community of the Canary Islands, the four French overseas departments, namely Guadeloupe, Guyana, Martinique and Runion, and the Portuguese autonomous regions of the Azores and Madeira.

Declaration XV Joint Declaration on accession

Any accession of a third State to this Agreement shall be made in compliance with the provisions of Article 1 and the objectives of Article 2 laid down by the ACP Group in the Georgetown Agreement as amended in November 1992.

Declaration XVI Joint Declaration on accession of the overseas countries and territories referred to in Part Four of the EC Treaty

The Community and the ACP States are prepared to allow the overseas countries and territories referred to in Part Four of the Treaty which have become independent to accede to this Agreement, if they wish to continue their relations with the Community in this form.

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Declaration XVII Joint Declaration on Article 66 (debt relief ) of the Agreement

The Parties agree on the following principles:

a) In the longer term, the Parties will seek an improvement of the Heavily Indebted Poor Countries initiative and promote a deepening, broadening and speeding up debt relief to ACP Countries;

b) The Parties will also seek the mobilisation and establishment of support mechanisms for debt reduction in favour of ACP countries who are not yet eligible for the HIPC initiative.

Declaration XVIII EU Declaration on the Financial Protocol

Within the overall amount of EUR 13 500 million of the 9th EDF, EUR 12 500 million shall be made available immediately upon the entry into force of the Financial Protocol. The remaining EUR 1 000 million shall be released on the basis of the performance review referred to in paragraph 7 of the Financial Protocol that shall be undertaken in 2004.

In evaluating the need for new resources, full account shall be taken of this performance review as well as of a date beyond which the funds of the 9th EDF will not be committed.

Declaration XIX Declaration by the Council and the Commission on the Programming Process

The Community and its Member States reaffirm their attachment to the agreement on a reform of the programming process for implementation of assistance financed from the 9th EDF.

In this context, the Community and its Member States regard a properly implemented review mechanism as the most important tool for successful programming. The review process that has been agreed for governing the implementation of the 9th EDF will ensure continuity in the programming process while allowing for regular adjustments of the Country Support Strategy to reflect developments in needs and performance of the ACP State concerned.

In order to reap the full benefits of the reform and ensure the efficiency of the programming process, the Community and its Member States reaffirm the political commitment to the following principles: The reviews must as far as possible be carried out in the ACP State concerned.

Localising the reviews shall not imply that the Member States or the Commission Headquarters shall be prevented from following and being involved in the programming process as appropriate.

The time frames that have been set for completion of the reviews shall be respected.

The reviews must not be an isolated event in the programming process. The reviews shall be regarded as management tools, which synthesise the results of the regular (monthly) dialogue between the National Authorising Officer and the Commission's Head of Delegation.

The reviews must not increase the administrative burden of either of the Parties concerned. The procedures and reporting requirements surrounding the programming process must therefore be managed in a disciplined manner. To this end, the respective roles of the Member States and the Commission in the decision making process will be reviewed and adapted.

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Declaration XX Joint Declaration on the Impact of Export Revenue Fluctuations on Vulnerable Small, Island and Landlocked ACP States

The Parties note the concern of ACP States that the modalities of the mechanism for additional support to countries suffering from fluctuation of export revenues may not provide sufficient support to vulnerable small, island and landlocked States subject to volatile export revenues.

From the second year of operation of the mechanism, and on request of one or more ACP States who have met with difficulties, the Parties agree to re examine the modalities of the mechanism on the basis of a proposal from the Commission, with a view, where necessary, to remedy the effects of such fluctuations.

Declaration XXI Community Declaration on Article 3 of Annexe IV

The notification of the indicative amount referred to in Article 3 of Annexe IV, will not apply to the ACP States with whom the Community has suspended its cooper-ation.

Declaration XXII Joint Declaration concerning agricultural products referred to in Article 1(2)(a) of Annexe V

The Parties have taken note that the Community intends to take the measures mentioned in the Annexe, and which are laid down at the date of signing of the Agreement, with a view to granting ACP States the preferential treatment provided for in Article 1(2)(a), for certain agricultural and processed products.

They have taken note that the Community declares that it will take all the measures required to ensure that the corresponding agricultural regulations are adopted in good time and that, wherever possible, they come into force at the same time as the interim arrangements which will be introduced after the signing of the successor Agreement to the Fourth ACP EC Convention signed in Lom on 15 December 1989.

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01 LIVE ANIMALS

0101 LIVE HORSES, ASSES, MULES AND HINNIES

0101 exemption

0102 LIVE BOVINE ANIMALS

01029005 reduction 100% ad valorem customs duties

01029021 reduction 100% ad valorem customs duties

01029029 reduction 100% ad valorem customs duties

01029041 reduction 100% ad valorem customs duties

01029049 reduction 100% ad valorem customs duties

01029051 reduction 100% ad valorem customs duties

01029059 reduction 100% ad valorem customs duties

01029061 reduction 100% ad valorem customs duties

01029069 reduction 100% ad valorem customs duties

01029071 reduction 100% ad valorem customs duties

01029079 reduction 100% ad valorem customs duties

0103 LIVE SWINE

01039110 reduction 16%

01039211 reduction 16%

01039219 reduction 16%

0104 LIVE SHEEP AND GOATS

01041030 reduction 100% customs duties within the limit of the quota (ctg 1)

01041080 reduction 100% customs duties within the limit of the quota (ctg 1)

01042010 exemption

01042090 reduction 100% customs duties within the limit of the quota (ctg 1)

0105 LIVE POULTRY, FOWLS OF THE SPECIES GALLUS DOMESTICUS, DUCKS, GEESE, TURKEYS AND GUINEA FOWLS

0105 reduction 16%

0106 LIVE ANIMALS (EXCL. HORSES, ASSES, MULES, HINNIES, BOVINE ANIMALS, SWINE, SHEEP, GOATS, POULTRY, FISH, CRUSTACEANS, MOLLUSCS AND OTHER AQUATIC INVERTEBRATES, AND MICRO ORGANIC CULTURES, ETC.)

0106 exemption

02 MEAT AND EDIBLE MEAT OFFAL

0201 MEAT OF BOVINE ANIMALS, FRESH OR CHILLED

0201 reduction 100% ad valorem customs duties(1)

0202 MEAT OF BOVINE ANIMALS, FROZEN

0202 reduction 100% ad valorem customs duties(1)

0203 EAT OF SWINE, FRESH, CHILLED OR FROZEN

02031110 within the limit of the quota (ctg 7) reduction 50%

02031190 exemption

02031211 within the limit of the quota (ctg 7) reduction 50%

02031219 within the limit of the quota (ctg 7) reduction 50%

02031290 exemption

02031911 within the limit of the quota (ctg 7) reduction 50%

02031913 within the limit of the quota (ctg 7) reduction 50%

02031915 within the limit of the quota (ctg 7) reduction 50%

ex 02031955 within the limit of the quota (ctg 7) reduction 50% (excluding tenderloin presented separately)

02031959 within the limit of the quota (ctg 7) reduction 50%

02031990 exemption

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02032110 within the limit of the quota (ctg 7) reduction 50%

02032190 exemption

02032211 within the limit of the quota (ctg 7) reduction 50%

02032219 within the limit of the quota (ctg 7) reduction 50%

02032290 exemption

02032911 within the limit of the quota (ctg 7) reduction 50%

02032913 within the limit of the quota (ctg 7) reduction 50%

02032915 within the limit of the quota (ctg 7) reduction 50%

ex 02032955 within the limit of the quota (ctg 7) reduction 50% (excluding the tenderloin in one piece)

02032959 within the limit of the quota (ctg 7) reduction 50%

02032990 exemption

0204 MEAT OF SHEEP OR GOATS, FRESH, CHILLED OR FROZEN

0204 reduction 100% ad valorem customs duties; domestic sheep: within the limit of the quota (quota 2) reduction 65% specific duties; other species: within the limit of the quota (quota 1) reduction 100% specific duties

0205 MEAT OF HORSES, ASSES, MULES OR HINNIES, FRESH, CHILLED OR FROZEN

0205 exemption

0206 EDIBLE OFFAL OF BOVINE ANIMALS, SWINE, SHEEP, GOATS, HORSES, ASSES, MULES OR HINNIES, FRESH, CHILLED OR FROZEN

02061091 exemption

02061095 reduction 100% ad valorem customs duties (1)

02061099 exemption

020621 exemption

020622 exemption

02062991 reduction 100% ad valorem customs duties (1)

02062999 exemption

02063021 within the limit of the quota (ctg 7) reduction 50%

02063031 within the limit of the quota (ctg 7) reduction 50%

02063090 exemption

02064191 within the limit of the quota (ctg 7) reduction 50%

02064199 exemption

02064991 within the limit of the quota (ctg 7) reduction 50%

02064999 exemption

020680 exemption

020690 exemption

0207 MEAT AND EDIBLE OFFAL OF FOWLS OF THE SPECIES GALLUS DOMESTICUS, DUCKS, GEESE, TURKEYS AND GUINEA FOWLS, FRESH, CHILLED OR FROZEN

0207 within the limit of the quota (ctg 3) reduction 65%

0208 MEAT AND EDIBLE OFFAL OF RABBITS, HARES, PIGEONS AND OTHER ANIMALS NOT ELSEWHERE SPECIFIED OR INCLUDED, FRESH, CHILLED OR FROZEN

0208 exemption

0209 PIG FAT, FREE OF LEAN MEAT AND POULTRY FAT NOT RENDERED, FRESH, CHILLED, FROZEN, SALTED, IN BRINE, DRIED OR SMOKED

02090011 within the limit of the quota (ctg 7) reduction 50%

02090019 within the limit of the quota (ctg 7) reduction 50%

02090030 within the limit of the quota (ctg 7) reduction 50%

02090090 reduction 16%

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0210 MEAT AND EDIBLE OFFAL, SALTED, IN BRINE, DRIED OR SMOKED; EDIBLE FLOURS AND MEALS OF MEAT OR MEAT OFFAL

02101111 within the limit of the quota (ctg 7) reduction 50%

02101119 within the limit of the quota (ctg 7) reduction 50%

02101131 within the limit of the quota (ctg 7) reduction 50%

02101139 within the limit of the quota (ctg 7) reduction 50%

02101190 exemption

02101211 within the limit of the quota (ctg 7) reduction 50%

02101219 within the limit of the quota (ctg 7) reduction 50%

02101290 exemption

02101910 within the limit of the quota (ctg 7) reduction 50%

02101920 within the limit of the quota (ctg 7) reduction 50%

02101930 within the limit of the quota (ctg 7) reduction 50%

02101940 within the limit of the quota (ctg 7) reduction 50%

02101951 within the limit of the quota (ctg 7) reduction 50%

02101959 within the limit of the quota (ctg 7) reduction 50%

02101960 within the limit of the quota (ctg 7) reduction 50%

02101970 within the limit of the quota (ctg 7) reduction 50%

02101981 within the limit of the quota (ctg 7) reduction 50%

02101989 within the limit of the quota (ctg 7) reduction 50%

02101990 exemption

021020 reduction 100% ad valorem customs duties

02109010 exemption

02109011 reduction 100% ad valorem customs duties; domestic sheep: within the limit of the quota (quota 2) reduction 65% specific duties; other species: within the limit of the quota (quota 1) reduction 100% specific duties

02109019 reduction 100% ad valorem customs duties; domestic sheep: within the limit of the quota (quota 2) reduction 65% specific duties; other species: within the limit of the quota (quota 1) reduction 100% specific duties

02109021 exemption

02109029 exemption

02109031 within the limit of the quota (ctg 7) reduction 50%

02109039 within the limit of the quota (ctg 7) reduction 50%

02109041 reduction 100% ad valorem customs duties

02109049 exemption

02109060 exemption

02109071 reduction 16%

02109079 reduction 16%

02109080 exemption

02109090 reduction 100% ad valorem customs duties

03 FISH AND CRUSTACEANS, MOLLUSCS AND OTHER AQUATIC INVERTEBRATES

03 exemption

04 DAIRY PRODUCE; BIRDS' EGGS; NATURAL HONEY; EDIBLE PRODUCTS OF ANIMAL ORIGIN, NOT ELSEWHERE SPECIFIED OR INCLUDED

0401 MILK AND CREAM, NOT CONCENTRATED NOR CONTAINING ADDED SUGAR OR OTHER SWEETENING MATTER

0401 reduction 16%

0402 MILK AND CREAM, CONCENTRATED OR CONTAINING ADDED SUGAR OR OTHER SWEETENING MATTER

0402 within the limit of the quota (ctg 5) reduction 65%

Page 16

0403 BUTTERMILK, CURDLED MILK AND CREAM, YOGURT, KEPHIR AND OTHER FERMENTED OR ACIDIFIED MILK AND CREAM, WHETHER OR NOT CONCENTRATED OR FLAVOURED OR CONTAINING ADDED SUGAR OR OTHER SWEETENING MATTER, FRUITS, NUTS OR COCOA

04031011 reduction 16%

04031013 reduction 16%

04031019 reduction 16%

04031031 reduction 16%

04031033 reduction 16%

04031039 reduction 16%

04031051 reduction 100% ad valorem customs duties

04031053 reduction 100% ad valorem customs duties

04031059 reduction 100% ad valorem customs duties

04031091 reduction 100% ad valorem customs duties

04031093 reduction 100% ad valorem customs duties

04031099 reduction 100% ad valorem customs duties

04039011 reduction 16%

04039013 reduction 16%

04039019 reduction 16%

04039031 reduction 16%

04039033 reduction 16%

04039039 reduction 16%

04039051 reduction 16%

04039053 reduction 16%

04039059 reduction 16%

04039061 reduction 16%

04039063 reduction 16%

04039069 reduction 16%

04039071 reduction 100% ad valorem customs duties

04039073 reduction 100% ad valorem customs duties

04039079 reduction 100% ad valorem customs duties

04039091 reduction 100% ad valorem customs duties

04039093 reduction 100% ad valorem customs duties

04039099 reduction 100% ad valorem customs duties

0404 WHEY, WHETHER OR NOT CONCENTRATED OR CONTAINING ADDED SUGAR OR OTHER SWEETENING MATTER; PRODUCTS CONSISTING OF NATURAL MILK CONSTITUENTS, WHETHER OR NOT CONTAINING ADDED SUGAR OR OTHER SWEETENING MATTER, NOT ELSEWHERE SPECIFIED OR INCLUDED

0404 reduction 16%

0405 BUTTER AND OTHER FATS AND OILS DERIVED FROM MILK

0405 reduction 16%

0406 CHEESE AND CURD

0406 within the limit of the quota (ctg 6) reduction 65%

0407 BIRDS' EGGS, IN SHELL, FRESH, PRESERVED OR COOKED

04070011 reduction 16%

04070019 reduction 16%

04070030 reduction 16%

04070090 exemption

0408 BIRDS' EGGS, NOT IN SHELL, AND EGG YOLKS, FRESH, DRIED, COOKED BY STEAMING OR BY BOILING IN WATER, MOULDED, FROZEN OR OTHERWISE PRESERVED, WHETHER OR NOT CONTAINING ADDED SUGAR OR OTHER SWEETENING MATTER

04081180 reduction 16%

04081981 reduction 16%

Page 17

04081989 reduction 16%

04089180 reduction 16%

04089980 reduction 16%

0409 NATURAL HONEY

0409 exemption

0410 TURTLES' EGGS, BIRDS' NESTS AND OTHER EDIBLE PRODUCTS OF ANIMAL ORIGIN NOT ELSEWHERE SPECIFIED OR INCLUDED

0410 exemption

05 PRODUCTS OF ANIMAL ORIGIN NOT ELSEWHERE SPECIFIED OR INCLUDED

05 exemption

06 LIVE TREES AND OTHER PLANTS; BULBS, ROOTS AND THE LIKE; CUT FLOWERS AND ORNAMENTAL FOLIAGE

06 exemption

07 EDIBLE VEGETABLES AND CERTAIN ROOTS AND TUBERS

0701 POTATOES, FRESH OR CHILLED

0701 exemption

0702 TOMATOES, FRESH OR CHILLED

0702 tomatoes other than cherry tomatoes 15/11-30/4: reduction 60% ad valorem customs duties within the limit of the quota (quota 13a); cherry tomatoes 15/11-30/4: reduction 100% ad valorem customs duties within the limit of the quota (quota 13b)

0703 ONIONS, SHALLOTS, GARLIC, LEEKS AND OTHER ALLIACEOUS VEGETABLES, FRESH OR CHILLED

07031019 reduction 15% from 16/5-31/1, exemption 1/2-15/5

07031090 reduction 16%

070320 reduction 15% from 1/6-31/1, exemption 1/2-31/5

070390 reduction 16%

0704 CABBAGES, CAULIFLOWERS, KOHLRABI, KALE AND SIMILAR EDIBLE BRASSICAS, FRESH OR CHILLED

070410 reduction 16%

070420 reduction 16%

07049010 reduction 16%

07049090 Chinese cabbage: reduction 15% 1/1-30/10, exemption 1/11-31/12; other cabbages: reduction 16%

0705 LETTUCE "LACTUCA SATIVA" AND CHICORY "CICHORIUM SPP", FRESH OR CHILLED

070511 Iceberg salad: reduction 15% 1/11-30/6, exemption 1/7-31/10; other salads: reduction 16%

070519 reduction 16%

070521 reduction 16%

070529 reduction 16%

0706 CARROTS, TURNIPS, SALAD BEETROOT, SALSIFY, CELERIAC, RADISHES AND SIMILAR EDIBLE ROOTS, FRESH OR CHILLED

070610 carrots: reduction 15% 1/4-31/12, exemption 1/1-31/3; turnips: reduction 16%

07069005 reduction 16%

07069011 reduction 16%

Page 18

07069017 reduction 16%

07069030 exemption

ex 07069090 salad beetroot and radishes (raphanus sativus): exemption

0707 CUCUMBERS AND GHERKINS, FRESH OR CHILLED

ex 07070005 small winter cucumbers 1/11-15/5: reduction 100% ad valorem customs duties; winter cucumbers other than small cucumbers: reduction 16% ad valorem customs duties

07070090 reduction 16%

0708 LEGUMINOUS VEGETABLES, SHELLED OR UNSHELLED, FRESH OR CHILLED

0708 exemption

0709 OTHER VEGETABLES, FRESH OR CHILLED

070910 reduction 15% from 1/1-30/9, reduction 100% ad valorem customs duties 1/10-31/12

070920 reduction 15% from 1/2-14/8, reduction 40% from 16/1-31/1, exemption 15/8 15/1

070930 exemption

070940 exemption

07095110 reduction 16%

07095130 reduction 16%

07095150 reduction 16%

07095190 exemption

070952 reduction 16%

070960 exemption

070970 reduction 16%

07099010 reduction 16%

07099020 reduction 16%

07099040 reduction 16%

07099050 reduction 16%

07099060 reduction 1,81 EUR/t

07099070 reduction 100% ad valorem customs duties

07099090 exemption

0710 VEGETABLES, UNCOOKED OR COOKED BY STEAMING OR BOILING IN WATER, FROZEN

071010 exemption

071021 exemption

071022 exemption

071029 exemption

071030 exemption

071040 reduction 100% ad valorem customs duties

07108051 exemption

07108059 exemption

07108061 exemption

07108069 exemption

07108070 exemption

07108080 exemption

07108085 exemption

07108095 exemption

071090 exemption

0711 VEGETABLES PROVISIONALLY PRESERVED, E.G. BY SULPHUR DIOXIDE GAS, IN BRINE, IN SULPHUR WATER OR IN OTHER PRESERVATIVE SOLUTIONS, BUT UNSUITABLE IN THAT STATE FOR IMMEDIATE CONSUMPTION

071110 exemption

071130 exemption

Page 19

071140 exemption

07119010 exemption

07119030 reduction 100% ad valorem customs duties

07119040 exemption

07119060 exemption

07119070 exemption

07119090 exemption

0712 DRIED VEGETABLES, WHOLE, CUT, SLICED, BROKEN OR IN POWDER, BUT NOT FURTHER PREPARED

071220 exemption

071230 exemption

07129005 exemption

07129019 reduction 1,81 EUR/t

07129030 exemption

07129050 exemption

ex 07129090 exemption except olives

0713 DRIED LEGUMINOUS VEGETABLES, SHELLED, WHETHER OR NOT SKINNED OR SPLIT

0713 exemption

0714 MANIOC, ARROWROOT, SALEP, JERUSALEM ARTICHOKES, SWEET POTATOES AND SIMILAR ROOTS AND TUBERS WITH HIGH STARCH OR INULIN CONTENT, FRESH OR DRIED, WHETHER OR NOT SLICED OR IN THE FORM OF PELLETS; SAGO PITH

07141010 reduction 8,38 EUR/t

07141091 exemption

07141099 reduction 6,19 EUR/t

071420 exemption

07149011 exemption

07149019 reduction 6,19 EUR/t; arrow-root: exemption

07149090 exemption

08 EDIBLE FRUIT AND NUTS; PEEL OF CITRUS FRUITS OR MELONS

0801 COCONUTS, BRAZIL NUTS AND CASHEW NUTS, FRESH OR DRIED, WHETHER OR NOT SHELLED OR PEELED

0801 exemption

0802 OTHER NUTS, FRESH OR DRIED, WHETHER OR NOT SHELLED OR PEELED (EXCL. COCONUTS, BRAZIL NUTS AND CASHEW NUTS)

08021190 reduction 16%

08021290 reduction 16%

080221 reduction 16%

080222 reduction 16%

080231 exemption

080232 exemption

080240 reduction 16%

080250 exemption

080290 exemption

0803 BANANAS, INCL. PLANTAINS, FRESH OR DRIED

08030011 exemption

08030019 The Community import regime for bananas is presently under review.

The Parties agree to provide appropriate preferential access for ACP bananas in the context of the Community's future banana regime.

08030090 exemption

Page 20

0804 DATES, FIGS, PINEAPPLES, AVOCADOS, GUAVAS, MANGOES AND MANGOSTEENS, FRESH OR DRIED

080410 exemption

08042010 exemption from 1/11-30/4 within the limit of the ceiling (ceiling 3)

08042090 exemption

080430 exemption

080440 exemption

080450 exemption

0805 CITRUS FRUIT, FRESH OR DRIED

080510 reduction 80% ad valorem customs duties; within the framework of the reference quantity (rq 1) 15/5-30/9 reduction 100% ad valorem customs duties (4)

080520 reduction 80% ad valorem customs duties; within the framework of the reference quantity (rq 2) 15/5-30/9 reduction 100% ad valorem customs duties (4)

08053090 exemption

080540 exemption

080590 exemption

0806 GRAPES, FRESH OR DRIED

ex 08061010 seedless table grapes: within the limit of the quota (quota 14) 1/12-31/1 exemption; within the framework of the reference quantity (rq 3) 1/2-31/3 exemption (4)

080620 exemption

0807 MELONS, INCL, WATERMELONS, AND PAPAWS "PAPAYAS", FRESH

0807 exemption

0808 APPLES, PEARS AND QUINCES, FRESH

080810 within the limit of the quota (ctg 15) reduction 50% ad valorem customs duties

08082010 within the limit of the quota (ctg 16) reduction 65% ad valorem customs duties

08082050 within the limit of the quota (ctg 16) reduction 65% ad valorem customs duties

08082090 reduction 16%

0809 APRICOTS, CHERRIES, PEACHES INCL. NECTARINES, PLUMS AND SLOES, FRESH

080910 from 1/5-31/8 reduction 15% ad valorem customs duties, 1/9-30/4 exemption

08092005 from 1/11-31/3: exemption

080930 from 1/4-30/11 reduction 15% ad valorem customs duties, 1/12-31/3 exemption

08094005 from 1/4-14/12 reduction 15% ad valorem customs duties, 15/12-31/3 exemption

08094090 exemption

0810 STRAWBERRIES, RASPBERRIES, BLACKBERRIES, BLACK, WHITE OR RED CURRANTS, GOOSEBERRIES AND OTHER EDIBLE FRUIT, NOT ELSEWHERE SPECIFIED OR INCLUDED, FRESH

08101005 within the limit of the quota (ctg 17) from 1/11-29/2 exemption

08101080 within the limit of the quota (ctg 17) from 1/11-29/2 exemption

081020 reduction 16%

081030 reduction 16%

08104030 exemption

08104050 duty = 3%

08104090 duty = 5%

081090 exemption

Page 21

0811 FRUIT AND NUTS, UNCOOKED OR COOKED BY STEAMING OR BOILING IN WATER, FROZEN, WHETHER OR NOT CONTAINING ADDED SUGAR OR OTHER SWEETENING MATTER

08111011 reduction 100% ad valorem customs duties

08111019 exemption

08111090 exemption

08112011 reduction 100% ad valorem customs duties

08112019 exemption

08112031 exemption

08112039 exemption

08112051 exemption

08112059 exemption

08112090 exemption

08119011 reduction 100% ad valorem customs duties

08119019 reduction 100% ad valorem customs duties

08119031 exemption

08119039 exemption

08119050 exemption

08119070 exemption

08119075 exemption

08119080 exemption

08119085 exemption

08119095 exemption

0812 FRUIT AND NUTS, PROVISIONALLY PRESERVED, E.G. BY SULPHUR DIOXIDE GAS, IN BRINE, IN SULPHUR WATER OR IN OTHER PRESERVATIVE SOLUTIONS, BUT UNSUITABLE IN THAT STATE FOR IMMEDIATE CONSUMPTION

081210 exemption

081220 exemption

08129010 exemption

08129020 exemption

08129030 exemption

08129040 exemption

08129050 exemption

08129060 exemption

08129070 exemption

08129095 exemption

0813 APRICOTS, PRUNES, APPLES, PEACHES, PEARS, PAWPAWS, TAMARINDS AND OTHER DRIED FRUIT NOT ELSEWHERE SPECIFIED OR INCLUDED; MIXTURES OF EDIBLE NUTS OR DRIED FRUITS

0813 exemption

0814 PEEL OF CITRUS FRUIT OR MELONS, INCL. WATERMELONS, FRESH, FROZEN, DRIED OR PROVISIONALLY PRESERVED IN BRINE, OR IN WATER WITH OTHER ADDITIVES

0814 exemption

0814 exemption

09 COFFEE, TEA, MATE AND SPICES

09 exemption

10 CEREALS

1001 WHEAT AND MESLIN

100110 within the limit of the quota (ctg 10) reduction 50%

10019010 exemption

10019091 within the limit of the quota (ctg 10) reduction 50%

10019099 within the limit of the quota (ctg 10) reduction 50%

Page 22

1002 RYE

1002 within the limit of the quota (ctg 10) reduction 50%

1003 BARLEY

1003 within the limit of the quota (ctg 10) reduction 50%

1004 OATS

1004 within the limit of the quota (ctg 10) reduction 50%

1005 MAIZE OR CORN

10051090 reduction 1,81 EUR/t

100590 reduction 1,81 EUR/t

1006 RICE

10061010 exemption

10061021 within the limit of the quota (ctg 11) reduction 65% and 4,34 EUR/t(2)

10061023 within the limit of the quota (ctg 11) reduction 65% and 4,34 EUR/t(2)

10061025 within the limit of the quota (ctg 11) reduction 65% and 4,34 EUR/t(2)

10061027 within the limit of the quota (ctg 11) reduction 65% and 4,34 EUR/t(2)

10061092 within the limit of the quota (ctg 11) reduction 65% and 4,34 EUR/t(2)

10061094 within the limit of the quota (ctg 11) reduction 65% and 4,34 EUR/t(2)

10061096 within the limit of the quota (ctg 11) reduction 65% and 4,34 EUR/t(2)

10061098 within the limit of the quota (ctg 11) reduction 65% and 4,34 EUR/t(2)

100620 within the limit of the quota (ctg 11) reduction 65% and 4,34 EUR/t(2)

100630 within the limit of the quota (ctg 11) reduction of 16,78 EUR/t, then reduced by 65% and 6,52 EUR/t(2)

100640 within the limit of the quota (ctg 12) reduction 65% and 3,62 EUR/t(2)

1007 GRAIN SORGHUM

1007 reduction 60% within the limit of the ceiling (ceiling 3) (3)

1008 BUCKWHEAT, MILLET, CANARY SEED AND OTHER CEREALS (EXCL. WHEAT AND MESLIN, RYE, BARLEY, OATS, MAIZE, RICE AND GRAIN SORGHUM)

100810 within the limit of the quota (ctg 10) reduction 50%

100820 reduction 100% within the limit of the ceiling (ceiling 2) (3)

100890 within the limit of the quota (ctg 10) reduction 50%

11 PRODUCTS OF THE MILLING INDUSTRY; MALT; STARCHES; INULIN; WHEAT GLUTEN

1101 WHEAT OR MESLIN FLOUR

1101 reduction 16%

1102 CEREAL FLOURS (EXCL. WHEAT OR MESLIN)

110210 reduction 16%

11022010 reduction 7,3 EUR/t

11022090 reduction 3,6 EUR/t

110230 reduction 3,6 EUR/t

11029010 reduction 7,3 EUR/t

11029030 reduction 7,3 EUR/t

11029090 reduction 3,6 EUR/t

1103 CEREAL GROATS, MEAL AND PELLETS

110311 reduction 16%

110312 reduction 7,3 EUR/t

11031310 reduction 7,3 EUR/t

11031390 reduction 3,6 EUR/t

110314 reduction 3,6 EUR/t

11031910 reduction 7,3 EUR/t

11031930 reduction 7,3 EUR/t

Page 23

11031990 reduction 3,6 EUR/t

110321 reduction 7,3 EUR/t

11032910 reduction 7,3 EUR/t

11032920 reduction 7,3 EUR/t

11032930 reduction 7,3 EUR/t

11032940 reduction 7,3 EUR/t

11032950 reduction 3,6 EUR/t

11032990 reduction 3,6 EUR/t

1104 CEREAL GRAINS OTHERWISE WORKED, E.G. HULLED, ROLLED, FLAKED, PEARLED, SLICED OR KEBBLED; GERM OF CEREALS, WHOLE, ROLLED, FLAKED OR GROUND (EXCL. CEREAL FLOURS, AND HUSKED AND SEMI OR WHOLLY MILLED RICE AND BROKEN RICE)

11041110 reduction 3,6 EUR/t

11041190 reduction 7,3 EUR/t

11041210 reduction 3,6 EUR/t

11041290 reduction 7,3 EUR/t

110419 reduction 7,3 EUR/t

11042110 reduction 3,6 EUR/t

11042130 reduction 3,6 EUR/t

11042150 reduction 7,3 EUR/t

11042190 reduction 3,6 EUR/t

11042199 reduction 3,6 EUR/t

110422 reduction 3,6 EUR/t

110423 reduction 3,6 EUR/t

110429 reduction 3,6 EUR/t

110430 reduction 7,3 EUR/t

1105 FLOUR, MEAL, FLAKES, GRANULES AND PELLETS OF POTATOES

1105 exemption

1106 FLOUR, MEAL AND POWDER OF THE DRIED LEGUMINOUS VEGE-TABLES OF HEADING 0713, OF SAGO OR OF ROOTS AND TUBERS OF HEADING 0714 OR OF THE PRODUCTS OF CHAPTER 8

110610 exemption

11062010 reduction 7,98 EUR/t; arrow root: exemption

11062090 reduction 29,18 EUR/t; arrow root: exemption

110630 exemption

1108 STARCHES; INULIN

110811 reduction 24,8 EUR/t

110812 reduction 24,8 EUR/t

110813 reduction 24,8 EUR/t

110814 reduction 50% + reduction 24,8 EUR/t

11081910 reduction 37,2 EUR/t

11081990 reduction 50% + reduction 24,8 EUR/t; arrow root: exemption

110820 exemption

1109 WHEAT GLUTEN, WHETHER OR NOT DRIED

1109 reduction 219 EUR/t

12 OIL SEEDS AND OLEAGINOUS FRUITS; MISCELLANEOUS GRAINS, SEEDS AND FRUIT; INDUSTRIAL OR MEDICAL PLANTS; STRAW AND FODDER

1208 FLOURS AND MEALS OF OIL SEEDS OR OLEAGINOUS FRUITS (EXCL. MUSTARD)

120810 exemption

Page 24

1209 SEEDS, FRUITS AND SPORES, FOR SOWING (EXCL. LEGUMINOUS VEGETABLES AND SWEETCORN, COFFEE, TEA, MATE AND SPICES, CEREALS, OIL SEEDS AND OLEAGINOUS FRUITS, AND SEEDS AND FRUIT USED PRIMARILY IN PERFUMERY

1209 exemption

1210 HOP CONES, FRESH OR DRIED, WHETHER OR NOT GROUND, POWDERED OR IN THE FORM OF PELLETS; LUPULIN

1210 exemption

1211 PLANTS AND PARTS OF PLANTS, INCL, SEEDS AND FRUITS, OF A KIND USED PRIMARILY IN PERFUMERY, MEDICAMENTS OR FOR INSECTICIDAL, FUNGICIDAL OR SIMILAR PURPOSES, FRESH OR DRIED, WHETHER OR NOT CUT, CRUSHED OR POWDERED

1211 exemption

1212 LOCUST BEANS, SEAWEEDS AND OTHER ALGAE, SUGAR BEET AND SUGAR CANE, FRESH OR DRIED, WHETHER OR NOT GROUND; FRUIT STONES AND KERNELS AND OTHER VEGETABLE PRODUCTS, INCL, UNROASTED CHICORY ROOTS OF THE VARIETY CICHORIUM INTYBU

121210 exemption

121230 exemption

121291 reduction 16%(5)

121292 reduction 16%(5)

12129910 exemption

1214 SWEDES, MANGOLDS, FODDER ROOTS, HAY, ALFALFA, CLOVER, SAINFOIN, FORAGE KALE, LUPINES, VETCHES AND SIMILAR FORAGE PRODUCTS, WHETHER OR NOT IN THE FORM OF PELLETS

12149010 exemption

13 LACS; GUMS, RESINS AND OTHER VEGETABLE SAPS AND EXTRACTS

13 exemption

15 ANIMAL OR VEGETABLE FATS AND OILS AND THEIR CLEAVAGE PRODUCTS; PREPARED EDIBLE FATS; ANIMAL OR VEGETABLE WAXES

1501 LARD; OTHER PIG FAT AND POULTRY FAT, RENDERED, WHETHER OR NOT PRESSED OR SOLVENT EXTRACTED

1501 reduction 16%

1502 FATS OF BOVINE ANIMALS, SHEEP OR GOATS, RAW OR RENDERED, WHETHER OR NOT PRESSED OR SOLVENT EXTRACTED

1502 exemption

1503 LARD STEARIN, LARD OIL, OLEOSTEARIN, OLEO OIL AND TALLOW OIL (EXCL. EMULSIFIED, MIXED OR OTHERWISE PREPARED)

1503 exemption

1504 FATS AND OILS AND THEIR FRACTIONS OF FISH OR MARINE MAMMALS, WHETHER OR NOT REFINED (EXCL. CHEMICALLY MODIFIED)

1504 exemption

1505 WOOL GREASE AND FATTY SUBSTANCES DERIVED THEREFROM, INCL. LANOLIN

1505 exemption

Page 25

1506 OTHER ANIMAL FATS AND OILS AND THEIR FRACTIONS, WHETHTER OR NOT REFINED, BUT NOT CHEMICALLY MODIFIED (EXCL. PIG FAT, POULTRY FAT, FATS OF BOVINE ANIMALS, SHEEP AND GOATS, FATS OF FISH AND OTHER MARINE ANIMALS, LARD STEARIN,

1506 exemption

1507 SOYA BEAN OIL AND ITS FRACTIONS, WHETHER OR NOT REFINED (EXCL. CHEMICALLY MODIFIED)

1507 exemption

1508 GROUND NUT OIL AND ITS FRACTIONS, WHETHER OR NOT REFINED, BUT NOT CHEMICALLY MODIFIED

1508 exemption

1511 PALM OIL AND ITS FRACTIONS, WHETHER OR NOT REFINED (EXCL. CHEMICALLY MODIFIED)

1511 exemption

1512 SUNFLOWER-SEED, SAFFLOWER OR COTTON-SEED OIL AND FRACTIONS THEREOF, WHETHER OR NOT REFINED, BUT NOT CHEMICALLY MODIFIED

1512 exemption

1513 COCONUT "COPRA", PALM KERNEL OR BABASSU OIL AND FRACTIONS THEREOF, WHETHER OR NOT REFINED, BUT NOT CHEMICALLY MODIFIED

1513 exemption

1514 RAPE, COLZA OR MUSTARD OIL AND FRACTIONS THEREOF, WHETHER OR NOT REFINED, BUT NOT CHEMICALLY MODIFIED

1514 exemption

1515 OTHER FIXED VEGETABLE FATS AND OILS, INCL. JOJOBA OIL, AND THEIR FRACTIONS, WHETHER OR NOT REFINED, BUT NOT CHEMICALLY MODIFIED

1515 exemption

1516 ANIMAL OR VEGETABLE FATS AND OILS AND THEIR FRACTIONS, PARTLY OR WHOLLY HYDROGENATED, INTER ESTERIFIED, RE-ESTERIFIED OR ELAIDINISED, WHETHER OR NOT REFINED, BUT NOT FURTHER PREPARED

1516 exemption

1517 MARGARINE, OTHER EDIBLE MIXTURES OR PREPARATIONS OF ANIMAL OR VEGETABLE FATS OR OILS AND EDIBLE FRACTIONS OF DIFFERENT FATS OR OILS

15171010 reduction 100% ad valorem customs duties

15171090 exemption

15179010 reduction 100% ad valorem customs duties

15179091 exemption

15179093 exemption

15179099 exemption

1518 ANIMAL OR VEGETABLE FATS AND OILS AND THEIR FRACTIONS, BOILED, OXIDISED, DEHYDRATED, SULPHURISED, BLOWN, POLYMERISED BY HEAT IN VACUUM OR IN INERT GAS OR OTHERWISE CHEMICALLY MODIFIED; INEDIBLE MIXTURES OR PREPARATIONS OF ANIMAL OR VEGETABLE FATS OR OILS OR FRACTIONS OF DIFFERENT FATS OR OILS, NOT ELSEWHERE SPECIFIED OR INCLUDED

1518 exemption

Page 26

1520 GLYCEROL "GLYCERINE", WHETHER OR NOT PURE; GLYCEROLWATERS AND GLYCEROL LYES

1520 exemption

1521 VEGETABLE WAXES, BEESWAX, OTHER INSECT WAXES AND SPERMACETI, WHETHER OR NOT REFINED OR COLOURED (EXCL. TRIGLY-CERIDES)

1521 exemption

1522 DEGRAS; RESIDUES RESULTING FROM THE TREATMENT OF FATTY SUBSTANCES OR ANIMAL OR VEGETABLE WAXES

15220010 exemption

15220091 exemption

15220099 exemption

16 PREPARATIONS OF MEAT, FISH OR CRUSTACEANS, MOLLUSCS OR OTHER AQUATIC INVERTEBRATES

1601 SAUSAGES AND SIMILAR PRODUCTS, OF MEAT, OFFAL OR BLOOD; FOOD PREPARATIONS BASED ON THESE PRODUCTS

1601 within the limit of the quota (ctg 8) reduction 65%

1602 PREPARED OR PRESERVED MEAT, OFFAL OR BLOOD (EXCL. SAUSAGES AND SIMILAR PRODUCTS, AND MEAT EXTRACTS AND JUICES)

160210 reduction 16%

16022011 exemption

16022019 exemption

16022090 reduction 16%

160231 within the limit of the quota (ctg 4) reduction 65%

160232 within the limit of the quota (ctg 4) reduction 65%

160239 within the limit of the quota (ctg 4) reduction 65%

16024110 reduction 16%

16024190 exemption

16024210 reduction 16%

16024290 exemption

160249 reduction 16%

16025031 exemption

16025039 exemption

16025080 exemption

16029010 reduction 16%

16029031 exemption

16029041 exemption

16029051 reduction 16%

16029069 exemption

16029072 exemption

16029074 exemption

16029076 exemption

16029078 exemption

16029098 exemption

1603 EXTRACTS AND JUICES OF MEAT, FISH OR CRUSTACEANS, MOLLUSCS AND OTHER AQUATIC INVERTEBRATES

1603 exemption

1604 PREPARED OR PRESERVED FISH; CAVIAR AND CAVIAR SUBSTITUTES PREPARED FROM FISH EGGS

1604 exemption

1605 CRUSTACEANS, MOLLUSCS AND OTHER AQUATIC INVERTEBRATES, PREPARED OR PRESERVED

1605 exemption

Page 27

17 SUGARS AND SUGAR CONFECTIONERY

1702 OTHER SUGARS, INCL, CHEMICALLY PURE LACTOSE, MALTOSE, GLUCOSE AND FRUCTOSE, IN SOLID FORM; SUGAR SYRUPS NOT CONTAINING ADDED FLAVOURING OR COLOURING MATTER; ARTIFICIAL HONEY, WHETHER OR NOT MIXED WITH NATURAL HONEY; CARAMEL

170211 reduction 16%

170219 reduction 16%

170220 reduction 16% (5)

17023010 reduction 16% (5)

17023051 reduction 117 EUR/t

17023059 reduction 81 EUR/t

17023091 reduction 117 EUR/t

17023099 reduction 81 EUR/t

17024010 reduction 16% (5)

17024090 reduction 81 EUR/t

170250 exemption

170260 reduction 16% (5)

17029010 exemption

17029030 reduction 16% (5)

17029050 reduction 81 EUR/t

17029060 reduction 16% (5)

17029071 reduction 16% (5)

17029075 reduction 117 EUR/t

17029079 reduction 81 EUR/t

17029080 reduction 16% (5)

17029099 reduction 16% (5)

1703 MOLASSES RESULTING FROM THE EXTRACTION OR REFINING OF SUGAR

1703 within the limit of the quota (ctg 9) reduction 100%

1704 SUGAR CONFECTIONERY NOT CONTAINING COCOA, INCL. WHITE CHOCOLATE

170410 reduction 100% ad valorem customs duties

17049010 exemption

17049030 exemption

17049051 reduction 100% ad valorem customs duties

17049055 reduction 100% ad valorem customs duties

17049061 reduction 100% ad valorem customs duties

17049065 reduction 100% ad valorem customs duties

17049071 reduction 100% ad valorem customs duties

17049075 reduction 100% ad valorem customs duties

17049081 reduction 100% ad valorem customs duties

17049099 reduction 100% ad valorem customs duties

18 COCOA AND COCOA PREPARATIONS

1801 COCOA BEANS, WHOLE OR BROKEN, RAW OR ROASTED

1801 exemption

1802 COCOA SHELLS, HUSKS, SKINS AND OTHER COCOA WASTE

1802 exemption

1803 COCOA PASTE, WHETHER OR NOT DEFATTED

1803 exemption

1804 COCOA BUTTER, FAT AND OIL

1804 exemption

Page 28

1805 COCOA POWDER, NOT CONTAINING ADDED SUGAR OR OTHER SWEETENING MATTER

1805 exemption

1806 CHOCOLATE AND OTHER FOOD PREPARATIONS CONTAINING COCOA

18061015 exemption

18061020 reduction 100% ad valorem customs duties

18061030 reduction 100% ad valorem customs duties

18061090 reduction 100% ad valorem customs duties

180620 exemption

180631 exemption

180632 exemption

18069011 exemption

18069019 exemption

18069031 exemption

18069039 exemption

18069050 exemption

18069060 reduction 100% ad valorem customs duties

18069070 reduction 100% ad valorem customs duties

18069090 reduction 100% ad valorem customs duties

19 PREPARATIONS OF CEREALS, FLOUR, STARCH OR MILK; PASTRYCOOKS' PRODUCTS

1901 MALT EXTRACT; FOOD PREPARATIONS OF FLOUR, MEAL, STARCH OR MALT EXTRACT, NOT CONTAINING COCOA POWDER OR CONTAINING COCOA POWDER IN A PROPORTION BY WEIGHT OF

190110 reduction 100% ad valorem customs duties; exemption EA under the condition (7)

190120 reduction 100% ad valorem customs duties; exemption EA under the condition (7)

19019011 reduction 100% ad valorem customs duties

19019019 reduction 100% ad valorem customs duties

19019091 exemption

19019099 reduction 100% ad valorem customs duties; exemption EA under the condition (7)

1902 PASTA, WHETHER OR NOT COOKED OR STUFFED WITH MEAT OR OTHER SUBSTANCES OR OTHERWISE PREPARED, SUCH AS SPAGHETTI, MACARONI, NOODLES, LASAGNE, GNOCCHI, RAVIOLI, CANNELLONI; COUSCOUS, WHETHER OR NOT PREPARED

190211 reduction 100% ad valorem customs duties

190219 reduction 100% ad valorem customs duties

19022010 exemption

19022030 reduction 16%

19022091 reduction 100% ad valorem customs duties

19022099 reduction 100% ad valorem customs duties

190230 reduction 100% ad valorem customs duties

190240 reduction 100% ad valorem customs duties

1903 TAPIOCA AND SUBSTITUTES THEREFOR PREPARED FROM STARCH, IN THE FORM OF FLAKES, GRAINS, PEARLS, SIFTINGS OR SIMILAR FORMS

1903 exemption

Page 29

1904 PREPARED FOODS OBTAINED BY THE SWELLING OR ROASTING OF CEREALS OR CEREAL PRODUCTS, E.G. CORN FLAKES; CEREALS, OTHER THAN MAIZE "CORN", IN GRAIN FORM, PRE COOKED OR OTHERWISE PREPARED

1904 reduction 100% ad valorem customs duties

1905 BREAD, PASTRY, CAKES, BISCUITS AND OTHER BAKERS' WARES, WHETHER OR NOT CONTAINING COCOA; COMMUNION WAFERS, EMPTY CACHETS OF A KIND SUITABLE FOR PHARMACEUTICAL USE, SEALING WAFERS, RICE PAPER AND SIMILAR PRODUCTS

190510 reduction 100% ad valorem customs duties

190520 reduction 100% ad valorem customs duties

19053011 reduction 100% ad valorem customs duties; biscuits: exemption

19053019 reduction 100% ad valorem customs duties; biscuits: exemption

19053030 reduction 100% ad valorem customs duties

19053051 reduction 100% ad valorem customs duties

19053059 reduction 100% ad valorem customs duties

19053091 reduction 100% ad valorem customs duties

19053099 reduction 100% ad valorem customs duties

190540 reduction 100% ad valorem customs duties

190590 reduction 100% ad valorem customs duties

20 PREPARATIONS OF VEGETABLES, FRUIT, NUTS OR OTHER PARTS OF PLANTS

2001 VEGETABLES, FRUIT, NUTS AND OTHER EDIBLE PARTS OF PLANTS, PREPARED OR PRESERVED BY VINEGAR OR ACETIC ACID

200110 exemption

200120 exemption

20019020 exemption

20019030 reduction 100% ad valorem customs duties

20019040 reduction 100% ad valorem customs duties

20019050 exemption

20019060 exemption

20019065 exemption

20019070 exemption

20019075 exemption

20019085 exemption

20019091 exemption

ex 20019096 exemption except vine leaves

2002 TOMATOES, PREPARED OR PRESERVED OTHERWISE THAN BY VINEGAR OR ACETIC ACID

2002 exemption

2003 MUSHROOMS AND TRUFFLES, PREPARED OR PRESERVED OTHERWISE THAN BY VINEGAR OR ACETIC ACID

2003 exemption

2004 OTHER VEGETABLES PREPARED OR PRESERVED OTHERWISE THAN BY VINEGAR OR ACETIC ACID, FROZEN (EXCL. TOMATOES, MUSHROOMS AND TRUFFLES)

20041010 exemption

20041091 reduction 100% ad valorem customs duties

20041099 exemption

20049010 reduction 100% ad valorem customs duties

ex 20049030 exemption except olives

20049050 exemption

20049091 exemption

20049098 exemption

Page 30

2005 OTHER VEGETABLES PREPARED OR PRESERVED OTHERWISE THAN BY VINEGAR OR ACETIC ACID (EXCL. FROZEN, AND TOMATOES, MUSHROOMS AND TRUFFLES)

200510 exemption

20052010 reduction 100% ad valorem customs duties

20052020 reduction 16%

20052080 reduction 16%

200540 exemption

200551 exemption

200559 exemption

200560 exemption

200570 exemption

200580 reduction 100% ad valorem customs duties

200590 exemption

2006 FRUIT, NUTS, FRUIT PEEL AND OTHER PARTS OF PLANTS, PRESERVED BY SUGAR, DRAINED, GLACE OR CRYSTALLIZED

20060031 reduction 100% ad valorem customs duties

20060035 reduction 100% ad valorem customs duties

20060038 reduction 100% ad valorem customs duties

20060091 exemption

20060099 exemption

2007 JAMS, FRUIT JELLIES, MARMALADES, FRUIT OR NUT PUREE AND FRUIT OR NUT PASTES, BEING COOKED PREPARATIONS, WHETHER OR NOT CONTAINING ADDED SUGAR OR OTHER SWEETENING MATTER

20071010 exemption

20071091 exemption

20071099 exemption

20079110 reduction 100% ad valorem customs duties

20079130 reduction 100% ad valorem customs duties

20079190 exemption

20079910 exemption

20079920 exemption

20079931 exemption

20079933 exemption

20079935 exemption

20079939 exemption

20079951 exemption

20079955 exemption

20079958 exemption

20079991 exemption

20079993 exemption

20079998 exemption

2008 FRUITS, NUTS AND OTHER EDIBLE PARTS OF PLANTS, PREPARED OR PRESERVED, WHETHER OR NOT CONTAINING ADDED SUGAR OR OTHER SWEETENING MATTER OR SPIRIT, NOT ELSEWHERE SPECIFIED OR INCLUDED

200811 exemption

200819 exemption

200820 exemption

20083011 exemption

20083019 reduction 100% ad valorem customs duties; grapefruit: exemption

20083031 exemption

20083039 exemption

20083051 exemption

20083055 exemption

20083059 exemption

Page 31

20083071 exemption

20083075 exemption

20083079 exemption

20083091 exemption

20083099 exemption

200840 exemption

20085011 exemption

20085019 reduction 100% ad valorem customs duties

20085031 exemption

20085039 exemption

20085051 reduction 100% ad valorem customs duties

20085059 exemption

20085061 exemption

20085069 exemption

20085071 exemption

20085079 exemption

20085092 exemption

20085094 exemption

20085099 exemption

20086011 exemption

20086019 reduction 100% ad valorem customs duties

20086031 exemption

20086039 exemption

20086051 exemption

20086059 exemption

20086061 exemption

20086069 exemption

20086071 exemption

20086079 exemption

20086091 exemption

20086099 exemption

20087011 exemption

20087019 reduction 100% ad valorem customs duties

20087031 exemption

20087039 exemption

20087051 reduction 100% ad valorem customs duties

20087059 exemption

20087061 exemption

20087069 exemption

20087071 exemption

20087079 exemption

20087092 exemption

20087094 exemption

20087099 exemption

200880 exemption

200891 exemption

20089212 exemption

20089214 exemption

20089216 exemption

20089218 exemption

20089232 exemption

20089234 exemption

20089236 exemption

20089238 exemption

20089251 exemption

20089259 exemption

20089272 exemption

20089274 exemption

20089276 exemption

20089278 exemption

Page 32

20089292 exemption

20089293 exemption

20089294 exemption

20089296 exemption

20089297 exemption

20089298 exemption

20089911 exemption

20089919 exemption

20089921 exemption

20089923 exemption

20089925 exemption

20089926 exemption

20089928 exemption

20089932 exemption

20089933 reduction 100% ad valorem customs duties

20089934 reduction 100% ad valorem customs duties

20089936 exemption

20089937 exemption

20089938 exemption

20089940 exemption

20089943 exemption

20089945 exemption

20089946 exemption

20089947 exemption

20089949 exemption

20089953 exemption

20089955 exemption

20089961 exemption

20089962 exemption

20089968 exemption

20089972 exemption

20089974 exemption

20089979 exemption

ex 20089985 exemption except sweet corn

20089991 reduction 100% ad valorem customs duties

ex 20089999 exemption except vine leaves

2009 FRUIT JUICES, INCL, GRAPE MUST, AND VEGETABLE JUICES, UNFERMENTED, NOT CONTAINING ADDED SPIRIT, WHETHER OR NOT CONTAINING ADDED SUGAR OR OTHER SWEETENING MATTER

20091111 reduction 100% ad valorem customs duties

20091119 exemption

20091191 reduction 100% ad valorem customs duties

20091199 exemption

20091911 reduction 100% ad valorem customs duties

20091919 exemption

20091991 reduction 100% ad valorem customs duties

20091999 exemption

200920 exemption

20093011 reduction 100% ad valorem customs duties

20093019 exemption

20093031 exemption

20093039 exemption

20093051 reduction 100% ad valorem customs duties

20093055 exemption

20093059 exemption

20093091 reduction 100% ad valorem customs duties

20093095 exemption

20093099 exemption

200940 exemption

Page 33

200950 exemption

200960 exemption

20097011 reduction 100% ad valorem customs duties

20097019 exemption

20097030 exemption

20097091 reduction 100% ad valorem customs duties

20097093 exemption

20097099 exemption

20098011 reduction 100% ad valorem customs duties

20098019 exemption

20098032 exemption

20098033 reduction 100% ad valorem customs duties

20098035 reduction 100% ad valorem customs duties

20098036 exemption

20098038 exemption

20098050 exemption

20098061 reduction 100% ad valorem customs duties

20098063 exemption

20098069 exemption

20098071 exemption

20098073 exemption

20098079 exemption

20098083 exemption

20098084 reduction 100% ad valorem customs duties

20098086 reduction 100% ad valorem customs duties

20098088 exemption

20098089 exemption

20098095 exemption

20098096 exemption

20098097 exemption

20098099 exemption

20099011 reduction 100% ad valorem customs duties

20099019 exemption

20099021 reduction 100% ad valorem customs duties

20099029 exemption

20099031 reduction 100% ad valorem customs duties

20099039 exemption

20099041 exemption

20099049 exemption

20099051 exemption

20099059 exemption

20099071 reduction 100% ad valorem customs duties

20099073 exemption

20099079 exemption

20099092 exemption

20099094 reduction 100% ad valorem customs duties

20099095 exemption

20099096 exemption

20099097 exemption

20099098 exemption

21 MISCELLANEOUS EDIBLE PREPARATIONS

2101 EXTRACTS, ESSENCES AND CONCENTRATES, OF COFFEE, TEA OR MATE AND PREPARATIONS WITH A BASIS OF THESE PRODUCTS OR WITH A BASIS OF COFFEE, TEA OR MATE; ROASTED CHICORY AND OTHER ROASTED COFFEE SUBSTITUTES, AND EXTRACTS, ESSENCE

210111 exemption

210112 exemption

Page 34

210120 exemption

21013011 exemption

21013019 reduction 100% ad valorem customs duties

21013091 exemption

21013099 reduction 100% ad valorem customs duties

2102 YEASTS, ACTIVE OR INACTIVE, OTHER DEAD SINGLE-CELL MICRO ORGANISMS, PREPARED BAKING POWDERS (EXCL. SINGLE CELL MICRO ORGANISMS PACKAGED AS MEDICAMENTS)

21021010 exemption

21021031 reduction 100% ad valorem customs duties

21021039 reduction 100% ad valorem customs duties

21021090 exemption

210220 exemption

210230 exemption

2103 SAUCE AND PREPARATIONS THEREFOR; MIXED CONDIMENTS AND MIXED SEASONINGS; MUSTARD FLOUR AND MEAL, WHETHER OR NOT PREPARED, AND MUSTARD

2103 exemption

2104 SOUPS AND BROTHS AND PREPARATIONS THEREFOR; FOOD PREPARATIONS CONSISTING OF FINELY HOMOGENIZED MIXTURES OF TWO OR MORE BASIC INGREDIENTS, SUCH AS MEAT, FISH, VEGETABLES OR FRUIT, PUT UP FOR RETAIL SALE AS INFANT FOOD

2104 exemption

2105 ICE CREAM AND OTHER EDIBLE ICE, WHETHER OR NOT CONTAINING COCOA

2105 reduction 100% ad valorem customs duties

2106 FOOD PREPARATIONS NOT ELSEWHERE SPECIFIED OR INCLUDED

210610 reduction 100% ad valorem customs duties

21069020 exemption

21069030 reduction 16% (5)

21069051 reduction 16%

21069055 reduction 81 EUR/t

21069059 reduction 16% (5)

21069092 exemption

21069098 reduction 100% ad valorem customs duties

22 BEVERAGES, SPIRITS AND VINEGAR

2201 WATERS, INCL. NATURAL OR ARTIFICIAL MINERAL WATERS AND AERATED WATERS, NOT CONTAINING ADDED SUGAR, OTHER SWEETENING MATTER OR FLAVOURED; ICE AND SNOW

2201 exemption

2202 WATERS, INCL. MINERALWATERS AND AERATED WATERS, CONTAINING ADDED SUGAR OR OTHER SWEETENING MATTER OR FLAVOURED, AND OTHER NON-ALCOHOLIC BEVERAGES (EXCLUDING FRUIT OR VEGETABLE JUICES AND MILK)

220210 exemption

22029010 exemption

22029091 reduction 100% ad valorem customs duties

22029095 reduction 100% ad valorem customs duties

22029099 reduction 100% ad valorem customs duties

2203 BEER MADE FROM MALT

2203 exemption

Page 35

2204 WINE OF FRESH GRAPES, INCL, FORTIFIED WINES; GRAPE MUST, PARTLY FERMENTED, OF ACTUAL ALCOHOLIC STRENGTH OF > 0,5% VOL, WHETHER OR NOT WITH ADDED ALCOHOL

22043092 exemption

22043094 exemption

22043096 exemption

22043098 exemption

2205 VERMOUTH AND OTHER WINE OF FRESH GRAPES, FLAVOURED WITH PLANTS OR AROMATIC SUBSTANCES

2205 exemption

2206 OTHER FERMENTED BEVERAGES AND MIXTURES OF FERMENTED BEVERAGES (CIDER, PERRY, MEAD); MIXTURES OF FERMENTED BEVERAGES AND NON ALCOHOLIC BEVERAGES, NOT ELSEWHERE SPECIFIED OR INCLUDED.

22060031 exemption

22060039 exemption

22060051 exemption

22060059 exemption

22060081 exemption

22060089 exemption

2207 UNDENATURED ETHYL ALCOHOL OF AN ALCOHOLIC STRENGTH BY VOLUME OF >= 80%; ETHYL ALCOHOL AND OTHER SPIRITS, DENATURED, OF ANY STRENGTH

2207 exemption

2208 UNDENATURED ETHYL ALCOHOL OF AN ALCOHOLIC STRENGTH BY VOLUME OF

2208 exemption

2209 VINEGAR AND SUBSTITUTES FOR VINEGAR OBTAINED FROM ACETIC ACID

22090091 exemption

22090099 exemption

23 RESIDUES AND WASTE FROM THE FOOD INDUSTRIES; PREPARED ANIMAL FODDER

2302 BRAN, SHARPS AND OTHER RESIDUES, WHETHER OR NOT IN THE FORM OF PELLETS, DERIVED FROM THE SIFTING, MILLING OR OTHER WORKING OF CEREALS OR OF LEGUMINOUS PLANTS

230210 reduction 7,2 EUR/t

230220 reduction 7,2 EUR/t

230230 reduction 7,2 EUR/t

230240 reduction 7,2 EUR/t

230250 exemption

2303 RESIDUES OF STARCH MANUFACTURE AND SIMILAR RESIDUES, BEET PULP, BAGASSE AND OTHER WASTE OF SUGAR MANUFACTURE, BREWING OR DISTILLING DREGS AND WASTE, WHETHER OR NOT IN THE FORM OF PELLETS

23031011 reduction 219 EUR/t

Page 36

2308 ACORNS, HORSE-CHESTNUTS, MARC AND OTHER VEGETABLE MATERIALS AND VEGETABLE WASTE, VEGETABLE RESIDUES AND BY PRODUCTS OF A KIND USED IN ANIMAL FEEDING, WHETHER OR NOT IN THE FORM OF PELLETS, NOT ELSEWHERE SPECIFIED OR INCLUDED

23089090 exemption

2309 PREPARATIONS OF A KIND USED IN ANIMAL FEEDING

23091013 reduction 10,9 EUR/t

23091015 reduction 16%

23091019 reduction 16%

23091033 reduction 10,9 EUR/t

23091039 reduction 16%

23091051 reduction 10,9 EUR/t

23091053 reduction 10,9 EUR/t

23091059 reduction 16%

23091070 reduction 16%

23091090 exemption

23099010 exemption

23099031 reduction 10,9 EUR/t

23099033 reduction 10,9 EUR/t

23099035 reduction 16%

23099039 reduction 16%

23099041 reduction 10,9 EUR/t

23099043 reduction 10,9 EUR/t

23099049 reduction 16%

23099051 reduction 10,9 EUR/t

23099053 reduction 10,9 EUR/t

23099059 reduction 16%

23099070 reduction 16%

23099091 exemption

24 TOBACCO AND MANUFACTURED TOBACCO SUBSTITUTES

24 exemption(6)

29 ORGANIC CHEMICALS

2905 ACYCLIC ALCOHOLS AND THEIR HALOGENATED, SULPHONATED, NITRATED OR NITROSATED DERIVATIVES

2905 reduction 100% ad valorem customs duties

33 ESSENTIAL OILS AND RESINOIDS; PERFUMERY, COSMETIC OR TOILET PREPARATIONS

3301 ESSENTIAL OILS, WHETHER OR NOT TERPENELESS, INCL, CONCRETES AND ABSOLUTES; RESINOIDS; CONCENTRATES OF ESSENTIAL OILS IN FATS, FIXED OILS, WAXES OR THE LIKE, OBTAINED BY ENFLEURAGE OR MACERATION; TERPENIC BY PRODUCTS

3301 exemption

3302 MIXTURES OF ODORIFEROUS SUBSTANCES AND MIXTURES, INCL, ALCOHOLIC SOLUTIONS, BASED ON ONE OR MORE OF THESE SUBSTANCES, OF A KIND USED AS RAW MATERIALS IN INDUSTRY

33021029 exemption

35 ALBUMINOUS SUBSTANCES; MODIFIED STARCHES; GLUES; ENZYMES

3501 CASEIN, CASEINATES AND OTHER CASEIN DERIVATIVES; CASEIN GLUES (EXCL. THOSE PACKAGED AS GLUE FOR RETAIL SALE AND WEIGHING =

3501 exemption

Page 37

3502 ALBUMINS, INCL, CONCENTRATES OF TWO OR MORE WHEY PROTEINS CONTAINING BY WEIGHT > 80% WHEY PROTEINS, CALCULATED ON THE DRY MATTER, ALBUMINATES AND OTHER ALBUMIN DERIVATIVES

35021190 reduction 100% ad valorem customs duties

35021990 reduction 100% ad valorem customs duties

35022091 reduction 100% ad valorem customs duties

35022099 reduction 100% ad valorem customs duties

3503 GELATIN, WHETHER OR NOT IN SQUARE OR RECTANGULAR SHEETS, WHETHER OR NOT SURFACE WORKED OR COLOURED, AND GELATIN DERIVATIVES; ISINGLASS; OTHER GLUES OF ANIMAL ORIGIN (EXCL. CASEIN GLUES OF HEADING No 3501)

3503 exemption

3504 PEPTONES AND THEIR DERIVATIVES; OTHER ALBUMINOUS SUBSTANCES AND THEIR DERIVATIVES NOT ELSEWHERE SPECIFIED OR INCLUDED; HIDE POWDER, WHETHER OR NOT CHROMED

3504 exemption

3505 DEXTRINS AND OTHER MODIFIED STARCHES, E.G. PRE GELATINISED OR ESTERIFIED STARCHES; GLUES BASED ON STARCHES, DEXTRINS OR OTHER MODIFIED STARCHES (EXCL. THOSE PUT UP FOR RETAIL SALE AND WEIGHING =

35051010 reduction 100% ad valorem customs duties

35051050 exemption

35051090 reduction 100% ad valorem customs duties

350520 reduction 100% ad valorem customs duties

38 MISCELLANEOUS CHEMICAL PRODUCTS

3809 FINISHING AGENTS, DYE CARRIERS TO ACCELERATE THE DYEING OR FIXING OF DYES AND OTHER PRODUCTS AND PREPARATIONS SUCH AS DRESSINGS AND MORDANTS OF A KIND USED IN THE TEXTILE, PAPER, LEATHER OR LIKE INDUSTRIES NOT ELSEWHERE SPECIFIED OR INCLUDED

380910 reduction 100% ad valorem customs duties

3824 PREPARED BINDERS FOR FOUNDRY MOULDS OR CORES; CHEMICAL PRODUCTS AND PREPARATIONS FOR THE CHEMICAL OR ALLIED INDUSTRIES, INCL, MIXTURES OF NATURAL PRODUCTS NOT ELSEWHERE SPECIFIED OR INCLUDED; RESIDUAL PRODUCTS OF THE CHEMICAL OR ALLIED INDUSTRIES

382460 reduction 100% ad valorem customs duties

50 SILK

50 exemption

52 COTTON

52 exemption

Page 38

Provisions for the French overseas departments

  1. Customs duties shall not be levied on imports into the French overseas departments of the following products originating in the ACP States or the overseas countries and territories:

    CN code
    0102
    0102 90
    0102 90 05
    0102 90 21
    0102 90 29
    0102 90 41
    0102 90 49
    0102 90 51
    0102 90 59
    0102 90 61
    0102 90 69
    0102 90 71
    0102 90 79
    0201
    0202
    0206 10 95
    0206 29091
    0709 90 60
    0712 10 90
    1005 90 00
    0714 10 91 -
    0714 90 11
    Description
    Live bovine animals of domesticated species other than pure-bred breeding animals
    Meat of bovine animals, fresh, chilled or frozen
    Sweet corn
    Manioc roots, including yams

  2. The customs duty shall not be levied on direct imports of rice falling within CN heading 1006, excluding rice for sowing of CN heading 1006 10 10 imported into Runion.

  3. If imports into the French overseas departments of sweet corn originating in the ACP States or the overseas countries and territories exceed 25 000 tonnes within a given year, and if these imports threaten to seriously disturb these markets, the Commission shall take the necessary measures.

  4. Within the limit of an annual quota of 2000 tonnes, no customs duties shall be levied on products falling within CN codes 0714 10 91 and 0714 90 11.

    Page 39

    References

    quota 1

    100 tons

    Live sheep and goats

    quota 2

    500 tons

    Meat of sheep or goats

    quota 3

    400 tons

    Poultrymeat

    quota 4

    500 tons

    Prepared poultrymeat

    quota 5

    1000 tons

    Milk and cream

    quota 6

    1000 tons

    Cheese and curd

    quota 7

    500 tons

    Pigmeat

    quota 8

    500 tons

    Prepared pigmeat

    quota 9

    600 000 tons

    Molasses

    quota 10

    15 000 tons

    Wheat and meslin

    quota 11

    125 000 tons

    Husked rice

    quota 12

    20 000 tons

    Broken rice

    quota 13a

    2 000 tons

    Tomatoes other than cherry tomatoes

    quota 13b

    2 000 tons

    Cherry tomatoes

    quota 14

    800 tons

    Seedless table grapes

    quota 15

    1 000 tons

    Apples

    quota 16

    2 000 tons

    Pears

    quota 17

    1 600 tons

    Strawberries

    ceiling 1

    100 000 tons

    Sorghum

    ceiling 2

    60 000 tons

    Millet

    ceiling 3

    200 tons

    Fresh figs

    rq 1

    25 000 tons

    Oranges

    rq 2

    4 000 tons

    Mandarins

    rq 3

    100 tons

    Seedless table grapes

    Page 40

Declaration XXIII Joint Declaration on market access in the ACP EC Partnership

The Parties accept the fact that both sides expect to take part in the negotiations and implementation of agreements leading to further multilateral and bilateral trade liberalisation.

The Parties note the Community's commitment to provide least developed countries with free market access for essentially all products by 2005.

At the same time they recognise, with respect to ACP preferential access to the Community market, that this wider process of liberalisation could lead to a deterioration in the relative competitive position of the ACP States which would threaten their development efforts, which the Community is concerned to support.

The Parties therefore agree to examine all necessary measures in order to maintain the competitive position of the ACP States on the Community market during the preparatory period. This examination may include, inter alia, calendar requirements, rules of origin, sanitary and phytosanitary measures and implementation of specific measures addressing supply side constraints in the ACP countries. The objective will be to offer ACP countries possibilities to exploit their existing and potential comparative advantage on the Community market. Bearing in mind their commitment to cooperation in the WTO, the Parties agree that this examination will also take into account any extension within the WTO of the trade advantages which may be offered by member countries to developing countries.

To this end, the Joint Ministerial Trade Committee should make recommendations on the basis of an initial review to be prepared by the Commission and the ACP Secretariat. The EC Council will examine these recommendations on the basis of a proposal from the Commission, with a view to preserving the benefits of the ACP EC trade arrangement.

The Council of the European Union, for its part, underlines its obligation to take into account the effect of any agreement or other measures to be taken by the EC on ACP EC trade. It requests the Commission to carry out the necessary impact assessments on a systematic basis.

The measures will relate to the preparatory period and will take due account of the Community's common agricultural policy.

The Joint Ministerial Trade Committee shall monitor the implementation of this Declaration and make appropriate reports to the Council of Ministers.

Declaration XXIV Joint Declaration on rice
  1. The Parties recognise the importance of rice for the economic development of a number of ACP countries in terms of employment, foreign exchange and social and political stability.

  2. They further recognise the importance of the Community market for rice. The Community reaffirms its commitment to enhance the competitiveness and efficiency of the ACP rice sector in order to maintain a viable and sustainable industry and thereby contribute to the smooth integration of ACP countries into the world economy.

  3. The Community is prepared to provide sufficient funds to finance during the preparatory period, in consultation with the ACP sector concerned, an integrated sector-specific programme for the development of ACP exporters of rice which could in particular include the following measures:

    - improvement of conditions of production and enhancement of quality through action in the areas of research, harvesting and handling;

    - transport and storage;

    - enhancing the competitiveness of existing exporters of rice;

    Page 41

    - assisting ACP rice producers to meet environmental and waste management standards and other norms in the international markets, including the Community;

    - marketing and trade promotion;

    - programmes designed to develop value added by products.

    This package of measures will be financed in ACP rice exporting nations on a national basis, by agreement of both Parties, through specific sectoral programmes in accordance with programming rules and methods and in the short term through unallocated EDF resources after a decision of the Council of Ministers.

  4. The Parties reiterate their commitment to cooperate closely in order to ensure that the ACP States can benefit fully from the Community trade preferences for rice. They agree on the importance of effective and transparent implementation of all rice exports to the Community of ACP origin.

  5. The Community will examine after the entry into force of the agreement the position of the ACP rice sector in the light of future changes occurring on the Community's rice market. To this end, the Parties agree to create with the ACP and representatives of the sector concerned, a joint working party, which shall meet annually. The Community further undertakes to consult the ACP States on any bilateral or multilateral decisions which may have an impact on the competitive position of the ACP rice industry in the Community market.

Declaration XXV Joint Declaration on rum

The Parties recognise the importance of the rum sector for the economic and social development of several ACP countries and regions and its major contribution in providing employment, export earnings and Government revenues. They acknowledge that rum is a value added agro industrial ACP product capable, if appropriate efforts are undertaken, of competing in a global economy. They therefore acknowledge the need to take all measures that might be necessary to overcome the competitive disadvantage, which ACP producers are presently facing. In this context they also note the undertaking contained in the Council and Commission Declaration of 24 March 1997 to fully take into account in any future negotiations and arrangements related to the rum sector, the impact of the EC US agreement to eliminate the duty on certain spirituous beverages of the same date. They also recognise the urgent need for ACP producers to become less dependent on the commodity rum market.

The Parties therefore agree on the need for the rapid development of the ACP rum industry so as to allow exporters of ACP rum to compete on the Community and the international spirits markets. To this end, they agree to implement the following measures:

1) Rum, arak and tafia originating in the ACP countries or regions falling under HS Code 22 08 40 shall be imported under this Agreement and any successor agreement to this Agreement, duty free and without quantitative limitations.

2) The Community undertakes to ensure fair competition in the Community market and that ACP rum is not disadvantaged or discriminated against in the EU market, in relation to third country rum producers.

3) The Community will, when considering any request for derogation to the provisions of Article 1.4(1) and (2) of Council Regulation (EC) No 1576/1989 of 29 March 1989 consult with and take account of the particular interests of ACP countries.

4) The Community is prepared to provide sufficient funds to finance during the preparatory period, in consultationPage 42 with the ACP sector concerned, an integrated sector specific programme for the development of ACP exporters of rum, which could in particular include the following measures:

- enhancing the competitiveness of existing exporters of rum;

- assist in creation of rum marques or brands by ACP region or country;

- enabling marketing campaigns to be designed and implemented;

- assist ACP rum producers to meet environmental and waste management standards and other norms in the international markets including the Community market;

- assist the ACP rum industry to move out of bulk commodity production into higher value branded rum products.

This package of measures will be financed on a national and regional basis, by agreement of both parties, through specific sectoral programmes in accordance with programming rules and methods and, in the short term, through unallocated EDF resources after a decision of the Council of Ministers.

5) The Community commits itself to examine the impact on the ACP industry of the indexation of the price point incorporated in the Memorandum of Understanding on rum in the agreement on white spirits of March 1997 at which duties on non ACP rum are applied. In this light it will take, where necessary, appropriate measures.

6) The Community undertakes to conduct appropriate consultations with the ACP through a joint working party, which shall meet regularly, on specific issues arising from these undertakings. The Community further undertakes to consult the ACP States on any bilateral or multilateral decisions, including tariff reductions and the enlargement of the Community, which may impact on the competitive pos-ition of the ACP rum industry in the Community market.

Declaration XXVI Joint Declaration on beef and veal
  1. The Community undertakes to ensure that the ACP States, beneficiaries of the Protocol on beef and veal, derive full benefits therefrom. To this end, it commits itself to give effect to the provisions of this protocol by enacting in a timely fashion appropriate rules and procedures.

  2. The Community further undertakes to implement the protocol so that ACP States can market their beef and veal throughout the year without undue restrictions. In addition, the EC will assist the ACP beef and veal exporters to improve their competitiveness through, inter alia, addressing supply side constraints, in accordance with the development strategies set out in this Agreement and within the context of National and Regional Indicative Programmes.

  3. The Community will examine the requests of ACP Least Developed Countries to export their beef and veal under preferential conditions in the context of the actions it intends to take under the WTO's Integrated Framework for Least Developed Countries.

Declaration XXVII 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 1(2) of Annexe V

The Parties reaffirm that the provisions of Annexe V apply to the relations between the French overseas departments and the ACP States.

The Community shall have the right during the life of the Agreement 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 productsPage 43 originating in the ACP States referred to in Article 1(2) of Annexe V.

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 Article 12 of Annexe V.

Declaration XXVIII Joint Declaration on cooperation between ACP States and the neighbouring overseas countries and territories and French overseas departments

The Parties shall encourage greater regional cooperation in the Caribbean, the Pacific and the Indian Ocean involving ACP States and the neighbouring overseas countries and territories and French overseas departments.

The Parties call upon interested Parties to consult each other on the procedure for promoting such cooperation and, in this context, to take measures, in line with their respective policies and their specific situation in the region, which will permit initiatives in the economic field, including the development of trade, as well as in the social and cultural fields.

Where there are trade agreements involving French overseas departments, such agreements may provide for specific measures in favour of products from those departments.

Issues relating to cooperation in these different areas shall be brought to the attention of the Council of Ministers, so that it can be duly informed of the progress achieved.

Declaration XXIX Joint Declaration on products covered by the common agricultural policy

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

Declaration XXX ACP Declaration on Article 1 of Annexe V

Conscious of the imbalance and the discriminatory effect resulting from the most favoured nation treatment applicable to products originating in the ACP States on the Community market under Article 1(2)(a) of Annexe V, the ACP States reaffirm their understanding that the consultations provided for under this Article shall ensure that the ACP States' main exportable products benefit from treatment at least as favourable as that granted by the Community to countries enjoying the most favoured third state treatment.

In addition similar consultations shall take place in cases where:

a) one or more ACP States show potentialities for one or more specific products for which preferential third states enjoy more favourable treatment;

b) one or more ACP States envisage exporting to the Community one or more specific products for which preferential third states enjoy more favourable treatment.

Declaration XXXI Community Declaration on Article 5(2)(a) of Annexe V

While agreeing to the reproduction of the text of Article 9(2)(a) of the Second ACP EEC Convention in Article 5(2)(a) of Annexe V, the Community reaffirms the interpretation of that text, namely that the ACP States shall grant to the Community treatment no less favourable than that which they grant to developed States under trade agreements where those States do not grant the ACP States greater preferences than those granted by the Community.

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Declaration XXXII Joint Declaration on non discrimination

The Parties agree that notwithstanding specific provisions of Annexe V to this Agreement, the Community shall not discriminate between ACP States in the trade regime provided for in the framework of that Annexe, taking account however of the provisions of this Agreement and of specific autonomous initiatives in the multilateral context, such as that in favour of the least developed countries pursued by the Community.

Declaration XXXIII Community Declaration on Article 8(3) of Annexe V

Were the Community to adopt the strictly necessary measures referred to in this Article, it would endeavour to seek those which, by reason of their geographical scope or the types of products concerned, would least disturb the exports of the ACP States.

Declaration XXXIV Joint Declaration on Article 12 of Annexe V

The Parties agree that the consultations referred to in Article 12 of Annexe V should take place in accordance with the following procedures:

i) the two Parties will provide all necessary and relevant information on the specific issue(s) in good time to enable an early initiation of the discussions, and in any event not later than one month after the request for consultation is received,

ii) the three month consultation period will start from the date of receipt of this information. Within these three months, technical examination of such information shall be completed within one month, and joint consultations at the level of the Committee of Ambassadors shall be completed within two further months,

iii) if the conclusion arrived at is not mutually acceptable, the matter shall be referred to the Council of Ministers, iv) in the event that no mutually acceptable solution is adopted by the Council of Ministers, the Council will decide what other steps should be taken in order to resolve the differences identified in the consultations.

Declaration XXXV Joint Declaration relating to Protocol 1 of Annexe V

If special tariff treatment were to be applied by the ACP States to imports of products originating in the Community, including Ceuta and Melilla, 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.

Declaration XXXVI Joint Declaration relating to Protocol 1 of Annexe V
  1. For the purposes of applying Article 12(2)(c) of the Protocol, the shipping certificate, 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 landlocked ACP States.

  2. Products exported from landlocked ACP States which are warehoused elsewhere than in the ACP States or the countries and territories referred to in Annexe III to the Protocol may be the subject of movement certificates issued under the circumstances referred to in Article 16 thereof.

  3. For the purposes of Article 15(4) of the Protocol, certificates EUR.1 issued by a competent authority and endorsed by the customs authorities will be accepted.

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  4. In order to help ACP enterprises 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 the Development of Enterprise 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.

Declaration XXXVII Joint Declaration relating to Protocol 1of Annexe V on the origin of fishery products

The Community acknowledges the right of the coastal ACP States to the development and rational exploitation of the fishery resources in all waters within their jurisdiction.

The Parties agree that the existing rules of origin have to be examined in order to determine what possible changes may have to be made in the light of the first paragraph.

Conscious of their respective concerns and interests, the ACP States and the Community agree to continue examining the problem posed by the entry, onto Community markets, of fishery products from catches made in zones within the national jurisdiction of the ACP States, with a view to arriving at a solution satisfactory to both sides. This examination will take place in the Customs Cooperation Committee, assisted, when necessary, by the appropriate experts, after entry into force of the Agreement. The results of this examination shall be submitted, within the first year of application of the Agreement, to the Committee of Ambassadors and, at the latest during the second year, to the Council of Ministers for their consideration with a view to arriving at a solution satisfactory to both sides.

For the time being, as regards the processing of fishery products in the ACP States, the Community declares that it is willing to examine with an open mind requests for derogations from the rules of origin for processed products in this production sector based on the existence of compulsory landing requirements provided for in fishery agreements with third countries. The examination the Community is to make will take into account in particular the fact that the third countries concerned should ensure the normal market for such productions, following processing, insofar as the latter are not intended for national or regional consumption.

Declaration XXXVIII Community Declaration relating to Protocol 1 of Annexe V on the extent of territorial waters

The Community, recalling that the relevant acknowledged principles of international law restrict the maximum extent of territorial waters to 12 nautical miles, declares that it will take account of this limit in applying the provisions of the Protocol wherever the latter refers to this concept.

Declaration XXXIX ACP Declaration relating to Protocol 1 of Annexe V on the origin of fishery products

The ACP States reaffirm the point of view they expressed throughout the negotiations on the rules of origin in respect of fishery products and consequently maintain that following the exercise of their sovereign rights over fishery resources in the waters within their national jurisdiction, including the exclusive economic zone, as defined in the United Nations Convention on the Law of the Sea, all catches effected in those waters and obligatorily landed in ports of the ACP States for processing should enjoy originating status.

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Declaration XL Joint Declaration on the application of the value tolerance rule in the tuna sector

The European Community undertakes to implement adequate provisions to give full effect to the application in the tuna sector of the value tolerance rule, provided for in Article 4(2) of Protocol 1 of Annexe V.

To this end, the Community will submit by the date of signature of this Agreement the conditions under which the 15% non originating tuna may be used pursuant to this Article.

The Community proposal will specify how the method of calculation shall be based on the EUR. 1 movement certificate.

The two Parties agree, if difficulties arise in achieving the flexibility aimed at by the application of this method, to undertake a revision of the method after two years of its application.

Declaration XLI Joint Declaration on Article 6(11) of Protocol 1 of Annexe V

The Community agrees to consider, in the light of Article 40 of Protocol 1, and on a case by case basis, any substantiated requests presented after the signing of the Agreement regarding textile products excluded from cumulation with neighbouring developing countries (Article 6(11) of Protocol 1).

Declaration XLII Joint Declaration on rules of origin: cumulation with South Africa

The ACP-EC Customs Cooperation Committee is prepared to examine as soon as possible any requests for cumulation of working and processing under Article 6(10) of Protocol 1 of Annexe V coming from regional bodies representing a high level of regional economic integration.

Declaration XLIII Joint Declaration on Annexe 2 to Protocol 1 of Annexe V

If in the application of the rules contained in Annexe II, ACP States' exports are adversely affected, the Community will examine and, where necessary, adopt appropriate corrective measures to remedy the situation with a view to re establishing the ex ante situation (Decision 2/97 of the Council of Ministers).

The Community has noted the requests made by ACP States on rules of origin in the context of the negotiations. The Community agrees to consider any substantiated requests for improvement of the rules of origin contained in Annexe II in the light of Article 40 of Protocol 1 and on a case by case basis.

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of the other part,

meeting in Luxembourg on the twentyfifth day of June in the year two thousand and five for the signature of the Agreement amending the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000, have at the time of signature of this Agreement adopted the following declarations attached to this Final Act:

Declaration I. Joint declaration on article 8 of the Cotonou agreement

In relation to dialogue at national and regional levels, for the purposes of Article 8 of the Cotonou Agreement, the 'ACP Group' shall be taken to mean the Troika of the ACP Committee of Ambassadors (CoA) and the Chairperson of the ACP Sub-committee on Political, Social, Humanitarian and Cultural Affairs (PSHCA); the Joint Parliamentary Assembly (JPA) shall be interpreted as the Co-Presidents of the JPA, or their designated nominees.

Declaration II. Joint declaration on article 68 of the Cotonou agreement

The ACP-EC Council of Ministers will examine, in application of the provisions contained in Article 100 of the Cotonou Agreement, the proposals of the ACP side concerning Annexe II thereof on shortterm fluctuations in export earnings (FLEX).

Declaration III. Joint declaration on annexe Ia

Should the Agreement amending the Cotonou Agreement not have entered into force by 1 January 2008, cooperation shall be financed from the balances of the 9th EDF and from the previous EDFs.

Declaration IV. Joint declaration on article 3(5)of annexe IV

For the purposes of Article 3(5) of Annexe IV, 'special needs' are needs resulting from exceptional or unforeseen circumstances, such as post-crisis situations; 'exceptional performance' means a situation in which, outside the mid-term and end-of-term reviews, a country's allocation is totally committed and additional funding from the national indicative programme can be absorbed against a background of effective poverty-reduction policies and sound financial management.

Declaration V. Joint declaration on article 9(2) of annexe IV

For the purposes of Article 9(2) of Annexe IV, 'new needs' are needs resulting from exceptional or unforeseen circumstances, such as post-crisis situations; 'exceptional performance' means a situation in which, outside the mid-term and end-of-term reviews, a region's allocation is totally committed and additional funding from the regional indicative programme can be absorbed against a background of effective regional integration policies and sound financial management.

Declaration VI. Joint declaration on article 12(2) of annexe VI

For the purposes of Article 12(2) of Annexe VI, 'new needs' are needs which may arise from exceptional or unforeseen circumstances, such as those arising from new commitments to international initiatives or to address challenges which are common to ACP countries.

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Declaration VII. Joint declaration on article 13 of annexe IV

In view of the particular geographic situation of the Caribbean and Pacific regions, the ACP Council of Ministers or the ACP Committee of Ambassadors may, notwithstanding Article 13(2)(a) of Annexe IV, present a specific funding request for one or the other of these regions.

Declaration VIII. Joint declaration on article 19a of annexe IV

In accordance with Article 100 of the Cotonou Agreement, the Council of Ministers will examine the provisions of Annexe IV concerning the awarding and performance of contracts with a view to adopting them before the Agreement amending the Cotonou Agreement enters into force.

Declaration IX. Joint declaration on article 24(3) of annexe IV

The ACP States will be consulted, a priori, on any amendments to the Community rules referred to in Article 24(3) of Annexe IV.

Declaration X. Joint declaration on article 2 of annexe VII

The internationally recognised standards and norms are those of the instruments referred to in the Preamble of the Cotonou Agreement.

Declaration XI

Community declaration on articles 4 and 58(2) of the Cotonou agreement For the purpose of Articles 4 and 58(2), it is understood that the term 'local decentralised authorities' covers all levels of decentralisation including 'collectivits locales'.

Declaration XII

Community declaration on article 11a of the Cotonou agreement Financial and technical assistance in the area of cooperation in the fight against terrorism will be financed by resources other than those intended for the financing of ACP-EC development cooperation.

Declaration XIII

Community declaration on article 11b(2) of the Cotonou agreement It is understood that the measures set out in Article 11b(2) of the Cotonou Agreement will be undertaken within an adapted timeframe that takes into account each country specific constraints.

Declaration XIV

Community declaration on articles 28, 29, 30 and 58 of the Cotonou agreement and on article 6 of Annexe IV The implementation of the provisions regarding regional cooperation where non-ACP countries are involved will be subject to the implementation of equivalent provisions in the framework of the Community's financial instruments on cooperation with other countries and regions of the world. The Community will inform the ACP Group upon the entry into force of these equivalent provisions.

Declaration XV

European union declaration on annexe Ia

  1. The European Union undertakes to propose at the earliest opportunity, if at all possible by September 2005, an exact amount for the multiannual financial framework for cooperation under the Agreement amending the Cotonou Agreement and its period of application.

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  2. The minimum aid effort referred to in paragraph 2 of Annexe Ia is guaranteed, without prejudice to the eligibility of the ACP countries for additional resources under other financial instruments which already exist or, potentially, may be created in support of actions in areas such as emergency humanitarian aid, food security, poverty-related diseases, support for the implementation of the Economic Partnership Agreements, support for the measures envisaged following the reform of the sugar market, and relating to peace and stability.

  3. The deadline for the commitment of funds of the 9th EDF, fixed at 31 December 2007, could be reviewed if necessary.

    Declaration XVI

    Community declaration on articles 4(3), 5(7), 16(5) and (6) and 17(2) of annexe IV These provisions are without prejudice to the role of the Member States in the decision making process.

    Declaration XVII

    Community declaration on article 4(5) of annexe IV Article 4(5) of Annexe IV and the return to the standard management arrangements will be implemented by means of a Council decision based on a Commission proposal. This decision will be duly notified to the ACP Group.

    Declaration XVIII

    Community declaration on article 20 of annexe IV The provisions of Article 20 of Annexe IV will be implemented in accordance with the principle of reciprocity with other donors.

    Declaration XIX

    Community declaration on articles 34, 35 and 36 of annexe IV The detailed respective responsibilities of management and executing agents of Fund resources are included in a manual on procedures upon which ACP States will be consulted in accordance with Article 12 of the Cotonou Agreement. The manual will be made available to ACP States from the entry into force of the Agreement amending the Cotonou Agreement. Any amendments to the manual will be subject to the same procedure.

    Declaration XX

    Community declaration on article 3 of annexe VII As regards the modalities foreseen in Article 3 of Annexe VII, the position to be taken by the Council of the European Union within the Council of Ministers will be based on a proposal by the Commission.

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    Declarations concerning the multi-annual financial framework for the period 2008 to 2013 agreed at the 31st session of the ACP-EC Council of Ministers Port Moresby, Papua New Guinea, 1 and 2 June 2006

  4. EPAs: EU Declaration: The Economic Partnership Agreements, as development instruments, aim to foster smooth and gradual integration of the ACP States into the world economy, especially by making full use of the potential of regional integration and South-South trade. The Commission reconfirms the importance of further steps towards coherent regional integration and sectoral policy reforms, and that the gradually arising needs from the implementation of EPAs will be taken into account in the programming dialogue with the ACP on the end of term review of the 9th EDF and on the resources of the 10th EDF, covering the time period after the entry into force on 1 January 2008.

    Moreover, the European Union recalls its commitments to substantially increase Aid for Trade by 2010 in addition to the EDF resources.

  5. Decommitted funds: Community Declaration: Based on the performance review in 2010 and a proposal by the Commission, the Council of the European Union will consider a decision by unanimity on the transfer of any funds decommitted from ACP projects funded out of the 9th and previous EDFs into the reserves of the 10th EDF. Given the important development objectives pursued by EPAs, the Council of the European Union will, in its consideration, also pay attention to giving further support to structural adjustment costs and other development needs in the implementation of EPAs.

  6. Interest subsidies: Community Declaration: Acknowledging the high adaptation costs to which the sugar protocol countries are confronted as a result of the EC sugar reforms, the EIB shall endeavour to direct part of the resources of the investment facility and of its own resources towards investments in the sugar sector of the ACP sugar protocol countries. An amount of up to EUR 100 million shall be mobilised where applicable and on the basis of the eligibility criteria set out in Annexe II to the Cotonou Agreement from the envelope for grants for the financing of the interest rate subsidies foreseen in paragraph 2(c) of Annexe I(b) to the Cotonou Agreement.

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    [1] Where, in the course of a year, imports into the Community of products falling within CN codes 0201, 0206 10 95, 0206 29 91, 1602 50 10 or 1602 90 61, originating in an ACP State exceed a quantity equivalent to imports into the Community during whichever year between 1969 and 1974 Community imports of products of that origin were highest, plus an annual growth rate of 7%, exemption from customs duties on the products of that origin shall be partially or totally suspended.

    In that event the Community shall determine the arrangements to be applied to the imports in question.

    [2] The reduction shall apply only to imports for which the importer provides proof that an export charge of an amount equivalent to the reduction has been collected by the exporting country.

    [3] If, in the course of a year, the ceiling is reached, the Community may, by means of a Regulation, reintroduce the application of normal customs duties until the end of the period of validity; the duties applicable shall be reduced by 50%.

    [4] If imports of a product exceed the reference quantity, a decision may be taken to make it subject to a ceiling equal to the reference quantity, having regard to the annual balance of trade in the product.

    [5] This reduction shall not be applied when the Community, in accordance with its Uruguay Round commitments, applies additional duties.

    [6] If serious disturbances occur as a result of a large increase in duty free imports of products falling within CN code 2401, originating in the ACP States, or if these imports create difficulties which bring about a deterioration in the economic situation of a region of the Community, the Community may take measures to counteract any deflection of trade.

    (c1) Whether or not containing less than 1,5% by weight of milk fat, with a starch or flour content of 50% or over but of less than 75% by weight.

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