Cooperative Agreement South Africa

The decision adopts the agreement on behalf of the EU. The agreement contains provisions aimed at avoiding abuse by dominant firms and thus ensuring free competition between EU and South African companies. Cooperation takes place through consultations between the relevant authorities. In addition, the EU is providing technical assistance to help South Africa restructure its competition legislation. The agreement also recognises the need to ensure adequate protection of intellectual property and provides, where appropriate, urgent consultations and technical assistance for South Africa. The agreement provides for the liberalisation of 95% of EU imports from South Africa within ten years and 86% of South African imports from the EU within 12 years. In order to protect vulnerable sectors on both sides, some products are excluded from the free trade agreement, others have been only partially liberalized. For the EU, these are mainly agricultural products, while South Africa is an industrial product, including certain automotive products and certain textile and clothing products. However, since December 2006, there are plans to strengthen trade liberalization in the automotive sector. Finally, the TDCA contains certain institutional provisions. It creates a cooperation council to ensure the smooth running of the agreement. And it provides for regular contact between the parties; z.B.

between their parliaments and between the EU Economic and Social Committee and its South African counterpart, the National Council for Economic Development and Labour. Prior to receiving this agreement, it was developed independently by the receiving party, or was legitimately known to the receiving party, or received legally from other sources, including the public party or the client, unless that other source received it as a result of a violation of this cooperation agreement or other agreement between the parties. South Africa and the EU can take safeguards when an imported product is likely to cause serious harm to domestic industry. The agreement also allows South Africa to adopt temporary safeguards (for example. B an increase or reintroduction of tariffs). In addition, similar measures protect the economies of members of the Central African Customs Union and the outermost regions of the EU (such as Reunion). The agreement contains detailed rules of origin to ensure that products to which preferential regimes are subject come only from South Africa or the EU. In order to take into account modern international production processes, the rules of origin are relaxed by specific provisions. Upon receipt of the agreement (a), it is made public by the public party or transmitted without restriction by the public party to third parties, including the client; (b) was legally obtained from the party receiving it, without restriction, from other sources, including the client, provided that other source did not receive it as a result of a violation of this agreement or other agreement between the parties; or (c) if this information is communicated by other means or is made public without fault of the receiving party.

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