PART VI
GENERAL AND FINAL PROVISIONS
- The Parties of this Agreement shall be Botswana, Lesotho, Namibia, South Africa, Swaziland and Mozambique, of the one part (‘the SADC EPA States’), and the European Union or its Member States or the European Union and its Member States, within their respective areas of competence as derived from the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU), of the other part (‘the EU’).
- The term ‘Party’ shall refer to the SADC EPA States individually on the one part or the EU on the other part as the case may be.
- Where reference is made to SACU in this Agreement, as in Articles 25(1), 34, 35 and 101 and in PART III, Botswana, Lesotho, Namibia, South Africa and Swaziland, shall act collectively as provided for in the SACU Agreement.
- The Joint Council may decide to modify the application of paragraph 3.
- The Parties shall adopt any general or specific measures required to fulfil their obligations under this Agreement and shall ensure that they comply with the objectives laid down in this Agreement.
- In order to facilitate communication relating to the effective implementation of this Agreement, the Parties shall designate a coordinator for the exchange of information upon the entry into force of this Agreement. The designation of a coordinator for the exchange of information is without prejudice to the specific designation of competent authorities under specific provisions of this Agreement.
- At the request of either Party, the coordinator of the other Party shall indicate the office or official responsible for any matter pertaining to the implementation of this Agreement and provide the required support to facilitate communication with the requesting Party.
- At the request of either Party, the other Party shall, to the extent legally possible, provide information and reply promptly to any question relating to an actual or proposed measure that might affect trade between the Parties.
- A Party shall publish or make publicly available its laws, regulations, procedures and administrative rulings of general application as well as any other commitments under an international agreement relating to any trade matter covered by this Agreement. Any such measures adopted after the entry into force of this Agreement shall be brought to the attention of the other Party.
- Without prejudice to specific transparency provisions in this Agreement, the information referred to under this Article shall be considered to have been brought to the attention of the other Party when the information has been made available:
- (a) by appropriate notification to the WTO; or
- (b) on the official, fee-free and publicly accessible website; or
- (c) to the coordinator of the other Party.
- Nothing in this Agreement shall require any Party to provide confidential information, the disclosure of which would impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice legitimate commercial interests of particular enterprises, public or private, except to the extent that it may be necessary to be disclosed in the context of a dispute settlement proceeding under this Agreement. Where such disclosure is considered necessary by a panel established under PART III, the panel shall ensure that confidentiality is fully protected.
A Party encountering difficulties in meeting its obligations under this Agreement as a result of factors beyond its control shall immediately bring the matter to the attention of the Joint Council.
- Nothing in this Agreement shall oblige a Party to extend to the other Party any more favourable treatment which is applied by a Party as part of its respective regional integration process.
- Any more favourable treatment and advantage that may be granted under this Agreement by a SADC EPA State to the EU shall be enjoyed by the other SADC EPA States.
- Taking account of the geographical proximity of the outermost regions of the EU and the SADC EPA States and in order to reinforce economic and social links between those regions and the SADC EPA States, the Parties shall endeavour to facilitate cooperation in all areas covered by this Agreement between the outermost regions of the EU and the SADC EPA States.
- The objectives of paragraph 1 shall also be pursued, wherever possible, through fostering the joint participation of the SADC EPA States and the outermost regions of the EU in the framework and specific programmes of the EU in areas covered by this Agreement.
- The EU shall endeavour to ensure coordination between the various financial instruments of the EU's cohesion and development policies in order to foster cooperation between the SADC EPA States and the outermost regions of the EU in the areas covered by this Agreement.
- Nothing in this Agreement shall prevent the EU from applying existing measures aimed at addressing the structural social and economic situation of its outermost regions pursuant to Article 349 of the TFEU. This provision shall not permit the maintenance of tariffs on trade between the Parties other than those permitted pursuant to paragraph 2 of PART III of ANNEX I.
- With the exception of development cooperation provisions provided for in Title II of Part 3 of the Cotonou Agreement, in case of any inconsistency between the provisions of this Agreement and the provisions of Title II of Part 3 of the Cotonou Agreement, the provisions of this Agreement shall prevail to the extent of such inconsistency.
- Nothing in this Agreement shall be construed so as to prevent the adoption by either Party of appropriate measures pursuant to the Cotonou Agreement.
The relationship between this Agreement and the TDCA shall be governed by the provisions of Protocol 4.
The Parties agree that nothing in this Agreement requires them to act in a manner inconsistent with their WTO obligations.
- This Agreement shall be signed, ratified or approved in accordance with the applicable constitutional or internal rules and procedures of each Party.
- This Agreement shall enter into force thirty (30) days following the deposit of the last instrument of ratification, acceptance or approval.
- Pending entry into force of this Agreement, the EU and the SADC EPA States agree to apply the provisions of this Agreement which fall within their respective competences (‘provisional application’). This may be effected either by provisional application, where possible, or by ratification of this Agreement.
- This Agreement shall be applied provisionally between the EU and a SADC EPA state ten (10) days after either the receipt of notification of provisional application from the EU or of ratification or provisional application from that SADC EPA state, whichever is the later.
- Provisional application of this Agreement between the EU and a Member of SACU shall exclude the agricultural market access concessions and the fisheries market access concessions referred to in Article 24(2) and Article 25(1), that are denoted by an asterisk (*) in the tariff schedules as set out in Annexes I and II, until such time as all members of SACU have ratified or provisionally applied this Agreement.
- Provisional application or entry into force of this Agreement between the EU and a Member of SACU shall exclude the agricultural market access concessions referred to in Article 24(2) and Article 25(1), that are denoted by an asterisk (*) in the tariff schedules as set out in Annexes I and II, until such time as the conditions set out in Article 16 of Protocol 3 are met.
- Notifications regarding the provisional application or ratification shall be sent to the Secretary-General of the Council of the European Union, who shall be the depository of this Agreement. Certified copies of the notifications shall be lodged with the Executive Secretary of the SADC Secretariat
- If pending the entry into force of this Agreement, the Parties decide to apply it provisionally, all references in this Agreement to the date of entry into force shall be deemed to refer to the date such provisional application takes effect.
- This Agreement shall be valid indefinitely.
- Either Party may give written notice of its intention to denounce this Agreement.
- Denunciation shall take effect six (6) months after the notification referred to in paragraph 2.
- This Agreement shall apply, on the one hand, to the territories in which the TEU and TFEU are applied and under the conditions laid down in those Treaties, and, on the other hand, to the territories of the SADC EPA States.
- References in this Agreement to ‘territory’ shall be understood in this sense.
- The Parties agree to review this Agreement in its entirety no later than five (5) years after its entry into force. Such review is without prejudice to instances of adjustments, reviews or revisions otherwise provided for in this Agreement, such as those contemplated under Articles 12(2), 16(8), 17(5), 18(5), 26(10), 33(3), 35(6) and 65(e).
- As regards the implementation of this Agreement, either Party may make suggestions oriented towards adjusting trade-related cooperation, taking into account the experience acquired during the implementation thereof.
- The Parties agree that this Agreement may need to be reviewed in light of further developments in international economic relations and in the light of the expiration of the Cotonou Agreement.
- Any Party may submit proposals for amendments to this Agreement to the Joint Council for consideration and adoption.
- Amendments to this Agreement shall, after adoption by the Joint Council, be submitted to the Parties for ratification, acceptance or approval in accordance with their respective constitutional or internal legal requirements.
- The Joint Council shall be advised of any request made by a third State to become a member of the EU. During the negotiations between the EU and the applicant State, the EU shall provide the SADC EPA States with any relevant information. The SADC EPA states shall convey their concerns, and may request consultations, to the EU so that the EU can take them fully into account. The SADC EPA States shall be notified by the EU of any accession to the EU.
- Any new Member State of the European Union shall accede to this Agreement from the date of its accession to the EU by means of a clause to that effect in the act of accession. If the act of accession to the Union does not provide for such automatic accession of the EU Member State to this Agreement, the EU Member State concerned shall accede by depositing an act of accession with the General Secretariat of the Council of the European Union, which shall send certified copies to the SADC EPA States.
- The Parties shall review the effects of the accession of new EU Member States on this Agreement. The Joint Council may decide on any transitional or amending measures that might be necessary.
- A third state or organisation having competence for the matters covered by this Agreement may request to accede to this Agreement. If the Joint Council agrees to consider such a request, the Parties and the state or organisation requesting to accede shall conduct negotiations on the terms of accession. The Protocol of Accession shall be adopted by the Joint Council and submitted for ratification, acceptance or approval in accordance with the Parties' respective constitutional or internal legal requirements.
- The Parties shall review the effects of such accession on this Agreement. The Joint Council may decide on any transitional or amending measures that might be necessary.
- Notwithstanding paragraph 1, the Parties agree that in the case of a request from Angola to the Joint Council to accede to this Agreement, negotiations concerning the terms of accession should be conducted on the basis of this Agreement, taking into account the specific situation of Angola.
This Agreement is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each of those texts being equally authentic. In the event of a contradiction, reference shall be made to the language in which this Agreement was negotiated.
The Annexes, Protocols and footnotes to this Agreement shall form an integral part of this Agreement.
Nothing in this Agreement shall be construed as conferring rights or imposing obligations on persons, other than those created between the Parties under public international law.