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Council Decision 2013/755/EU of 25 November 2013 on the association of the overseas countries and territories with the European Union (Overseas Association Decision)

Council Decision 2013/755/EU of 25 November 2013 on the association of the overseas countries and territories with the European Union (Overseas Association Decision)

PART ONE GENERAL PROVISIONS OF THE ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES WITH THE UNION

Chapter 1 General provisions

Article 1 Purpose

1.

This Decision establishes an association of the overseas countries and territories (OCTs) with the Union (the ‘association’), which constitutes a partnership, based on Article 198 TFEU, to support the OCTs’ sustainable development as well as to promote the values and standards of the Union in the wider world.

2.

The partners to the association are the Union, the OCTs and the Member States to which they are linked.

Article 2 Territorial application

The association shall apply to the OCTs listed in Annex II to the TFEU.

Article 3 Objectives, principles and values

1.

The association between the Union and the OCTs shall be based on objectives, principles and values shared by the OCTs, the Member States to which they are linked and the Union.

2.

The association shall pursue the overall objectives laid down in Article 199 TFEU, by the enhancement of the OCTs’s competitiveness, the strengthening of the OCTs’ resilience, the reduction of their economic and environmental vulnerability and the promotion of cooperation between them and other partners.

3.

In pursuing those objectives, the association shall respect the fundamental principles of liberty, democracy, human rights and fundamental freedoms, the rule of law, good governance and sustainable development, all of which are common to the OCTs and the Member States to which they are linked.

4.

There shall be no discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation in the areas of cooperation referred to in this Decision.

5.

The partners recognise each other’s rights to determine their sustainable development policies and priorities, to establish their own levels of domestic environmental and labour protection, and to adopt or modify accordingly the relevant laws and policies, consistently with commitment to the internationally recognised standards and agreements. In doing so, they shall strive to ensure high levels of environmental and labour protection.

6.

In implementing this Decision, the partners shall be guided by the principles of transparency, subsidiarity and the need for efficiency and shall equally address the three pillars of OCTs’ sustainable development: economic development, social development and environmental protection.

Article 4 Management of the association

Article 5 Mutual interests, complementarity and priorities

Article 6 Promotion of the association

Article 7 Regional cooperation, regional integration and cooperation with other partners

Article 8 Participation in European Groupings of Territorial Cooperation

Article 9 Specific treatment

Chapter 2 Actors of cooperation

Article 10 General approach

Article 11 Actors of cooperation

Article 12 Responsibilities of the non-governmental actors

Chapter 3 Institutional framework of the association

Article 13 Guiding principles for dialogue

Article 14 Instances of the association

PART TWO AREAS OF COOPERATION FOR SUSTAINABLE DEVELOPMENT IN THE FRAMEWORK OF THE ASSOCIATION

Chapter 1 Environmental issues, climate change and disaster risk reduction

Article 15 General objectives and principles

Article 16 Sustainable management and conservation of biodiversity and ecosystem services

Article 17 Sustainable forest management

Article 18 Integrated coastal zone management

Article 19 Maritime Affairs

Article 20 Sustainable management of fish stocks

Article 21 Sustainable water management

Article 22 Waste management

Article 23 Energy

Article 24 Climate change

Article 25 Disaster risk reduction

Chapter 2 Accessibility

Article 26 General objectives

Article 27 Maritime transport

Article 28 Air transport

Article 29 Air transport safety

Article 30 Information and communication technologies services

Chapter 3 Research and innovation

Article 31 Cooperation in research and innovation

Chapter 4 Youth, education, training, health, employment and social policy

Article 32 Youth

Article 33 Education and training

Article 34 Employment and social policy

Article 35 Public health

Chapter 5 Culture

Article 36 Cultural exchanges and dialogue

Article 37 Audiovisual cooperation

Article 38 Performing arts

Article 39 Protection of cultural heritage and historic monuments

Chapter 6 Fight against organised crime

Article 40 Fight against organised crime, trafficking in human beings, child sexual abuse and sexual exploitation, terrorism and corruption

Chapter 7 Tourism

Article 41 Tourism

PART THREE TRADE AND TRADE RELATED COOPERATION

TITLE I GENERAL PROVISIONS

Article 42 General objectives

TITLE II ARRANGEMENTS FOR TRADE IN GOODS AND SERVICES AND ESTABLISHMENT

Chapter 1 Arrangements for trade in goods

Article 43 Free access for originating goods
Article 44 Quantitative restrictions and measures having equivalent effect
Article 45 Measures adopted by the OCTs
Article 46 Non-discrimination
Article 47 Conditions for movements of waste
Article 48 Temporary withdrawal of preferences
Article 49 Safeguard and surveillance measures

Chapter 2 Arrangements for trade in services and for establishment

Article 50 Definitions
Article 51 Most favourable treatment
Article 52 Professional qualifications

TITLE III TRADE RELATED AREAS

Chapter 1 Trade and sustainable development

Article 53 General approach
Article 54 Environmental and climate change standards in trade
Article 55 Labour standards in trade
Article 56 Sustainable trade in fisheries products
Article 57 Sustainable timber trade
Article 58 Sustainable development in trade

Chapter 2 Other trade-related areas

Article 59 Current payments and capital movements
Article 60 Competition policies
Article 61 Protection of intellectual property rights
Article 62 Technical barriers to trade
Article 63 Consumer policy, consumer health protection and trade
Article 64 Sanitary and phyto-sanitary measures
Article 65 Prohibition of protectionist measures

Chapter 3 Monetary and tax matters

Article 66 Tax carve out
Article 67 Tax and customs arrangements for Union funded contracts

Chapter 4 Trade capacity development

Article 68 General approach
Article 69 Trade dialogue, cooperation and capacity development

Chapter 5 Cooperation in the area of financial services and taxation matters

Article 70 Cooperation on international financial services
Article 71 Regulatory alignment in financial services
Article 72 Cooperation between regulatory and supervisory authorities
Article 73 Cooperation in taxation matters

PART FOUR INSTRUMENTS FOR SUSTAINABLE DEVELOPMENT

Chapter 1 General provisions

Article 74 General objectives

Article 75 Definitions

Article 76 Principles of finance cooperation

Chapter 2 Financial resources

Article 77 Sources of financing

Chapter 3 Specific provisions for the financial assistance under the 11th EDF

Article 78 Subject-matter and scope

Article 79 Humanitarian and emergency aid

Article 80 Capacity development

Article 81 Technical assistance

Article 82 Additional support in the event of fluctuations in export earnings

Article 83 Programming

Article 84 Preparation, appraisal and approval of the Programming Document

Article 85 Implementation

Article 86 Territorial and Regional Authorising Officers

Article 87 EDF-OCTs Committee

Article 88 Role of Union delegations

Article 89 Rules on nationality and origin for public procurement, grants and other award procedures for OCTs

Article 90 Protecting the Union’s financial interests and financial controls

Article 91 Monitoring, evaluation, review process and reporting

Chapter 4 Principles of eligibility

Article 92 Eligibility for territorial financing

Article 93 Eligibility for regional financing

Article 94 Eligibility for Union programmes

PART FIVE FINAL PROVISIONS

Article 95 Delegation of powers to the Commission

Article 96 Exercise of the delegation

Article 97 Change of status

Article 98 Repeal

Article 99 Entry into force

ANNEX I

ANNEX II

ANNEX III

ANNEX IV

ANNEX V

ANNEX VICONCERNING THE DEFINITION OF THE CONCEPT OF ‘ORIGINATING PRODUCTS’ AND METHODS OF ADMINISTRATIVE COOPERATION

Appendix IINTRODUCTORY NOTES AND LIST OF WORKING OR PROCESSING OPERATIONS WHICH CONFER ORIGINATING STATUS

Appendix IIAPPLICATION FOR A DEROGATION

Appendix IIIAPPLICATION TO BECOME A REGISTERED EXPORTER

Appendix IVSTATEMENT ON ORIGIN

Appendix VSUPPLIER’S DECLARATION FOR PRODUCTS NOT HAVING PREFERENTIAL ORIGINAL STATUS

Appendix VIINFORMATION CERTIFICATE

ANNEX VII

ANNEX VIII