CEDEAO Traite-revise-1993
Art. 1. CLES 37 COMMON EXTERNAL TARIFF Member States agree to the gradual establishment of a common external tariff in respect of all goods imported into the Member States from third countries in accordance with a schedule to be recommended by the Trade, Customs, Taxation, Statistics, Money and Payments Commission. Member States shall, in accordance with a schedule to be recommended by the Trade, Customs, Taxation, Statistics, Money and Payments Commission, abolish existing differences in their external.
Art. 2. of this Treaty; “Community citizen or citizens” means any national(s) of Member States who satisfy the conditions stipulated in the Protocol defining Community citizenship; "Court of Justice" means the Court of Justice of the Community established under Article 15 of this Treaty; "Import Duties" means customs duties and taxes of equivalent effect, levied on goods by virtue of their importation; "Executive Secretary" means the Executive Secretary appointed in accordance with the provisions of Art.
Art. 3. 1. 2. AIMS AND OBJECTIVES The aims of the Community are to promote co-operation and integration, leading to the establishment of an economic union in West Africa in order to raise the living standards of its peoples, and to maintain and enhance economic stability, foster relations-among Member States and contribute to the progress and development of the African Continent. In order to achieve the aims set out in the paragraph above, and in accordance with the relevant provisions of this Treaty, t.
Art. 4. FUNDAMENTAL PRINCIPLES THE HIGH CONTRACTING PARTIES, in pursuit of the objectives stated in Article 3 of this Treaty, solemnly affirm and declare their adherence to the following principles: a) equality and inter-dependence of Member States; b) solidarity and collective self-reliance; c) inter-State co-operation, harmonisation of policies and integration of programmes; ECOWAS REVISED TREATY d) non-aggression between Member States; e) f) g) h) i) j) k) maintenance of regional peace, stability and.
Art. 5. GENERAL UNDERTAKINGS Member States undertake to create favourable conditions for the attainment of the objectives of the Community, and particularly to take all necessary measures to harmonise their strategies and policies, and to refrain from any action that may hinder the attainment of the said objectives. Each Member State shall, in accordance with its constitutional procedures, take all necessary measures to ensure the enactment and dissemination of such legislative and statutory texts as ma.
Art. 6. INSTITUTIONS 1. The Institutions of the Community shall be: a) the Authority of Heads of State and Government; b) the Council of Ministers; c) the Community Parliament; d) the Economic and Social Council; f) the Executive Secretariat; g) h) the Community Court of Justice; the Fund for Co-operation, Compensation and Development; Specialised Technical Commissions; and i) Any other institutions that may be established by the Authority. 2. The Institutions of the Community shall perform their functi.
Art. 7. AUTHORITY OF HEADS OF STATE AND GOVERNMENT ESTABLISHMENT, COMPOSITION AND FUNCTIONS There is hereby established the Authority of Heads of State and Government of Member States which shall be the supreme institution of the Community and shall be composed of Heads of State and/or Government of Member States. The Authority shall be responsible for the general direction and control of the Community and shall take all measures to ensure its progressive development and the realisation of its objective.
Art. 8. SESSIONS The Authority shall meet at least once a year in ordinary session. An extraordinary session may be convened by the Chairman of the Authority or at the request of a Member State provided that such a request is supported by a simple majority of the Member States. The office of the Chairman shall be held every year by a Member State elected by the Authority.
Art. 9. DECISIONS 1. 2. 3. The Authority shall act by decisions. Unless otherwise provided in this Treaty or in a Protocol, decisions of the Authority shall be adopted, depending on the subject matter under consideration by unanimity consensus or, by a two-thirds majority of the Member States. Matters referred to in paragraph 2 above shall be defined in a Protocol. Until the entry into force of the said Protocol, the Authority shall continue to adopt its decision by consensus. 4. ECOWAS REVISED TREATY D.
Art. 10. THE COUNCIL OF MINISTERS ESTABLISHMENT, COMPOSITION AND FUNCTIONS There is hereby established a Council of Ministers of the Community. The Council shall comprise the Minister in charge of ECOWAS Affairs and any other Minister of each Member State. Council shall be responsible for the functioning and development of the Community. To this end, unless otherwise provided in this Treaty or a Protocol, Council shall: a) b) c) d) make recommendations to the Authority on any action aimed at attaining th.
Art. 11. MEETINGS The Council shall meet at least twice a year in ordinary session. One of such sessions shall immediately precede the ordinary session of the Authority. An extraordinary session may be convened by the Chairman of Council or at the request of a Member State provided that such request is supported by a simple majority of the Member States. The office of Chairman of Council shall be held by the Minister responsible for ECOWAS Affairs of the Member State elected as Chairman of the Authority.
Art. 12. REGULATIONS 1. The Council shall act by regulations. 2. 3. 4. Unless otherwise provided in this Treaty regulations of the Council shall be adopted, depending on the subject matter under consideration, by unanimity, consensus or by a two-thirds majority of Member States, in accordance with the Protocol referred to in Article 9 Paragraph 3 of this Treaty. Until the entry into force of the said Protocol, the Council shall continue to adopt its regulations by consensus. Regulations of the Council sh.
Art. 14. THE ECONOMIC AND SOCIAL COUNCIL There is hereby established an Economic and Social Council which shall have an advisory role and whose composition shall include representatives of the various categories of economic and social activity. The composition, functions and organisation of the Economic and Social Council shall be defined in a Protocol relating thereto.
Art. 15. THE COURT OF JUSTICE ESTABLISHMENT AND FUNCTIONS There is hereby established a Court of Justice of the Community. The status, composition, powers, procedure and other issues concerning the Court of Justice shall be as set out in a Protocol relating thereto. 3. The Court of Justice shall carry out the functions assigned to it independently of the Member States and the institutions of the Community. 4. Judgements of the Court of Justice shall be binding on the Member States, the Institutions of th.
Art. 17. THE EXECUTIVE SECRETARIAT ESTABLISHMENT AND COMPOSITION There is hereby established an Executive Secretariat of the Community. The Secretariat shall be headed by the Executive Secretary assisted by Deputy Executive Secretaries and such other staff as may be required for the smooth functioning of the Community. 12 1. 2. 3. 4. 5. ECOWAS REVISED TREATY.
Art. 18. APPOINTMENTS The Executive Secretary shall be appointed by the Authority for a 4-year term renewable only once for another 4-year period. He can only be removed from office by the Authority upon its own initiative or on the recommendation of the Council of Ministers. The Ministerial Committee on the Selection and Evaluation of the Performance of Statutory Appointees shall evaluate the three (3) candidates nominated by the Member State to which the statutory post has been allocated and make recom.
Art. 19. FUNCTIONS Unless otherwise provided in the Treaty or in a Protocol, the Executive Secretary shall be the chief executive officer of the Community and all its institutions. The Executive Secretary shall direct the-activities of the Executive Secretariat and shall, unless otherwise provided in a Protocol, be the legal representative of the Institutions of the Community in their totality. Without prejudice to the general scope of his responsibilities, the duties of the Executive Secretary shall inc.
Art. 20. RELATIONS BETWEEN THE STAFF OF THE COMMUNITY AND MEMBER STATES 1. In the performance of their duties, the Executive Secretary, the Deputy Executive Secretaries, and other staff of the Community shall owe their loyalty entirely and be accountable only to the Community. In this regard, they shall neither seek nor accept instructions from any government or any national or international authority external to the Community. They shall refrain from any activity or any conduct incompatible with their s.
Art. 22. TECHNICAL COMMISSIONS ESTABLISHMENT AND COMPOSITION 1. There is hereby established the following Technical Commissions: a) Food and Agriculture; 2. 3. 4. b) Industry, Science and Technology and Energy; c) d) e) f) g) h) Environment and Natural Resources; Transport, Communications and Tourism; Trade, Customs, Taxation, Statistics, Money and Payments; Political, Judicial and Legal Affairs, Regional Security and Immigration; Human Resources, Information, Social and Cultural Affairs; and Administrat.
Art. 23. FUNCTIONS Each Commission shall, within its field of competence: a) b) prepare Community projects and programmes and submit them for the consideration of Council through the Executive Secretary, either on its own initiative or at the request of Council or the Executive Secretary; ensure the harmonisation and co-ordination of projects and programmes of the Community; 15 ECOWAS REVISED TREATY c) monitor and facilitate the application of the provisions of this Treaty and related Protocols pertainin.
Art. 25. AGRICULTURAL DEVELOPMENT AND FOOD SECURITY Member States shall co-operate in the development of agriculture, forestry, livestock and fisheries in order to: a) ensure food security; b) increase production and productivity in agriculture, livestock, fisheries and forestry, and improve conditions of work and generate employment opportunities in rural areas; enhance agricultural production through processing locally, animal and plant products; and protect the prices of export commodities on the inte.
Art. 26. INDUSTRY For the purpose of promoting industrial development of Member States and integrating their economies, Member States shall, harmonise their industrialisation policies. In this connection, Member States shall: 2. a) strengthen the industrial base of the Community/modernise the priority sectors and foster self-sustained and self-reliant development; 17 3. b) ECOWAS REVISED TREATY promote joint industrial development projects as well as the creation of multinational enterprises in priority.
Art. 27. SCIENCE AND TECHNOLOGY strengthen their national scientific and technological capabilities in order to bring about the socio-economic transformation required to improve the quality of life of their population; ensure the proper application of science and technology to the development of agriculture, transport and communications, industry, health and hygiene, energy, education and manpower and the conservation of the environment; reduce their dependence on foreign technology and promote their ind.
Art. 28. ENERGY Member States shall co-ordinate and harmonise their policies and programmes in the field of energy. To this end, they shall: 2. a) ensure the effective development of the energy resources of the region; b) establish appropriate co-operation mechanisms with a view to ensuring a regular supply of hydrocarbons; c) promote the development of new and renewable energy particularly solar energy in the framework of the policy of diversification of sources of energy; 20 d) e) f) ECOWAS REVISED TRE.
Art. 29. ENVIRONMENT Member States undertake to protect, preserve and enhance the natural environment of the region and co-operate in the event of natural disasters. To this end, they shall adopt policies, strategies and programmes at national and regional levels and establish appropriate institutions to protect, preserve and enhance the environment, control erosion, deforestation, desertification, locusts and other pests. 1. 2. 1.
Art. 30. HAZARDOUS AND TOXIC WASTES Member States undertake, individually and collectively, to take every appropriate step to prohibit the importation, transiting, dumping and burying of hazardous and toxic wastes in their respective territories. They further undertake to adopt all necessary measures to establish a regional dump-watch to prevent the importation, transiting, dumping and burying of hazardous and toxic wastes in the region.
Art. 31. NATURAL RESOURCES Member States shall harmonise and co-ordinate their policies and programmes in the field of natural resources. 21 ECOWAS REVISED TREATY 2. To this end, they shall: a) b) c) d) e) f) g) h) seek better knowledge and undertake an assessment of their natural resources potential; improve methods of pricing and marketing of raw materials through a concerted policy; exchange information on the prospection, mapping, production and processing of mineral resources, as well as on the pros.
Art. 32. TRANSPORT AND COMMUNICATIONS For the purpose of ensuring the harmonious integration of the physical infrastructures of Member States and the promotion and facilitation of the movement of persons, goods and services within the Community, Member States undertake to: a) evolve common transport and communications policies, laws and regulations; 22 2. b) c) d) e) f) g) h) i) ECOWAS REVISED TREATY develop an extensive network of all-weather highways within the Community, priority being given to the in.
Art. 33. POSTS AND TELECOMMUNICATIONS
- In the area of postal services, Member States undertake to: a) foster closer co-operation between their postal administrations; b) ensure, within the Community, efficient, speedier and more frequent postal services; c) harmonise mail routing
- In the area of telecommunications, Member States shall: a) develop, modernise, co-ordinate and standardise their national 23
- b) c) ECOWAS REVISED TREATY telecommunications networks in order to provide reliable interconn
Art. 34. TOURISM For the purposes of ensuring the harmonious and viable development of tourism within the Community, Member States undertake to: a) b) strengthen regional co-operation in tourism, particularly through: i) the promotion of intra-Community tourism by facilitating movement of travellers and tourists; ii) iii) iv) v) the harmonisation and co-ordination of tourism development policies, plans and programmes; the harmonisation of regulations governing tourism and hotel management activities; the.
Art. 35. LIBERALISATION OF TRADE There shall be progressively established in the course of a period of ten (10) years effective from 1 January, 1990 as stipulated in Article 54, a Customs Union among the Member States. Within this union, Customs duties or other charges with equivalent effect on Community originating imports shall be eliminated. Quota, quantitative or like restrictions or prohibitions and administrative obstacles to trade among the Member States shall also be removed. Furthermore, a commo.
Art. 38. COMMUNITY TARIFF TREATMENT
- For the purposes of this Treaty, goods shall be accepted as eligible for Community tariff treatment if they have been consigned to the territory of the importing Member States from the territory of another Member State and originate from the Community. .
- The rules governing products originating from the Community shall be as contained in the relevant Protocols and Decisions of the Community.
- The Trade, Customs, Taxation, Statistics, Money and Payments Commissi
Art. 39. TRADE DEFLECTION For the purposes of this Article, trade is said to be deflected if, 1. (a) 2. 3. 1. 2. 3. (b) imports of any particular product by a Member State from another Member State increase: (i) (ii) as a result of the reduction or elimination of duties and charges on that product, and because duties and charges levied by the exporting Member States on imports of raw materials used for manufacture of the product in question are lower than the corresponding duties and charges levied by th.
Art. 40. FISCAL CHARGES AND INTERNAL TAXATION Member States shall not apply directly or indirectly to imported goods from any Member State fiscal charges in excess of those applied to like domestic goods or otherwise impose such charges for the effective protection of domestic goods. Member States shall eliminate all effective internal taxes or other internal charges that are made for the protection of domestic goods not later than four (4) years after the commencement of the trade liberalisation scheme.
Art. 41. QUANTITATIVE RESTRICTIONS ON COMMUNITY GOODS Except as may be provided for or permitted by this Treaty, Member States undertake to relax gradually and to remove over a maximum period of four (4) years after the launching of the trade liberalisation scheme referred to in Article 54, all the then existing quota, quantitative or like restrictions or prohibitions which apply to the import into that State of goods originating in the other Member States and thereafter refrain from imposing any further.
Art. 42. DUMPING Member States undertake to prohibit the practice of dumping goods within the Community. For the purposes of this Article, “dumping" means the transfer of goods originating in a Member State to another Member State for sale: (a) at a price lower than the comparable price charged for similar goods in the Member States where such goods originate (due allowance being made for the differences in the conditions of sale or in taxation or for any other factors affecting the comparability of pric.
Art. 43. MOST FAVOURED NATION TREATMENT Member States shall accord to one another in relation to trade between them the most favoured nation treatment. In no case shall tariff concessions granted to a third country by a Member State be more favourable than those applicable under this Treaty. Any agreement between a Member State and a third country under which tariff concessions are granted, shall not derogate from the obligations of that Member State under this Treaty. Copies of such agreements referred.
Art. 45. RE-EXPORTATION OF GOODS AND TRANSIT FACILITIES Where Customs duty has been charged and collected on any goods imported from a third country into a Member State the re-exportation of such goods into another Member State shall be subject to the provisions of the Protocol relating to the re- exportation of goods within the Community. Each Member State, in accordance with international regulations and the ECOWAS Convention relating to Inter-State Road Transit of Goods, shall grant full and unrestric.
Art. 46. CUSTOMS CO-OPERATION AND ADMINISTRATION Member States shall in accordance with the advice of the Trade, Customs Taxation, Statistics, Money and Payments Commission and the provisions of the Convention for Mutual Administrative Assistance in Customs Matters, take appropriate measures to harmonise and standardise their Customs regulations and procedures to ensure the effective application of the provisions of this Chapter and to facilitate the movement of goods and services across their frontiers.
Art. 47. DRAWBACK The procedure to determine the eligibility for Community tariff treatment of goods in relation to which drawback is claimed or made use of in connection with their exportation from the Member States in the territory of which the goods have undergone the last process of production, shall be the subject of an additional Protocol. For the purposes of this Article: (a) (b) (c) “drawback” means any arrangement, including temporary duty-free admission, for the refund of all or part of the dut.
Art. 48. COMPENSATION FOR LOSS OF REVENUE The Council shall, on the report of the Executive Secretary and the recommendation of the Trade, Customs, Taxation, Statistics, Money and Payments Commission, determine the compensation to be paid to a Member State which has suffered loss of import duties as a result of the application of this Chapter. The Council shall, in addition to compensation to be paid to Member States which suffer loss of revenue as a result of the application of this Chapter, recommend m.
Art. 49. EXCEPTIONS AND SAFEGUARD CLAUSES 1. In the event of serious disturbances occurring in the economy of a Member State following the application of the provisions of this Chapter, the Member State concerned shall, after informing the Executive Secretary and the other Member States, take the necessary safeguard measures pending the approval of the Council. 31 ECOWAS REVISED TREATY 2. 3. These measures shall remain in force for a maximum period of one year. They may not be extended beyond that period.
Art. 50. TRADE PROMOTION Member States agree to undertake, through their public and private sectors, trade promotion activities such as: a) b) promotion of the use of local materials, intermediate goods and inputs, as well as finished products originating within the Community; participation in the periodic national fairs organised within the region, sectoral trade fairs, regional trade fairs and other similar activities. At regional level, the Community shall undertake trade promotion activities' which"
Art. 51. MONEY, FINANCE AND PAYMENTS In order to promote monetary and financial integration, and facilitate intra- Community trade in goods and services and the realisation of the Community's objective of establishing a monetary union, Member States undertake to: 32 ECOWAS REVISED TREATY a) study monetary and financial developments in the region; b) harmonise their monetary, financial and payments policies; c) 1. 2. d) e) f) g) facilitate the liberalisation of intra-regional payments transactions and, as.
Art. 52. COMMITTEE OF WEST AFRICAN CENTRAL BANKS There is hereby established a Committee of West African Central banks comprising the Governors of Central Banks of Member States. This Committee shall, in accordance with the provisions of this Treaty, prepare its own rules of procedure. The Committee shall, from time to time, make recommendations to the Council on the operation of the clearing system of payments and other monetary issues within the Community. 1. 2. 3.
Art. 53. MOVEMENT OF CAPITAL AND CAPITAL ISSUES COMMITTEE For the purpose of ensuring the free movement of capital between Member States in accordance with the objectives of this Treaty, there is hereby established a Capital Issues Committee which shall comprise one representative of each of the Member States and which shall, subject to the provisions of this Treaty, prepare its own rules of procedure. Member States shall, in appointing their representatives referred to in paragraph 1 of this Article, de.
Art. 54. ESTABLISHMENT OF AN ECONOMIC UNION Member States undertake to achieve the status of an economic union within a maximum period of fifteen (15) years following the commencement of the regional trade liberalisation scheme, adopted by the Authority through its Decision A/ DEC. 1/9/83 of 20 May, 1983 and launched on 1 January, 1990. Member States shall give priority to the role of the private sector and joint regional multinational enterprises in the regional economic integration process.
Art. 55. COMPLETION OF ECONOMIC AND MONETARY UNION Member States undertake to complete within five (5) years following the creation of a Customs Union, the establishment of an economic and monetary union through: i) the adoption of a common policy in all fields of socio-economic activity 34 2. ii) iii) ECOWAS REVISED TREATY particularly agriculture, industry, transport, communications, energy and scientific research; the total elimination of all obstacles to the free movement of people, goods, capital an.
Art. 56. POLITICAL AFFAIRS In pursuit of the integration objectives of the Community, Member States undertake to co-operate on political matters, and in particular, to take appropriate measures to ensure effective application of the provisions of this Treaty. The signatory States to the Protocol on Non-Aggression, the Protocol on Mutual Assistance on Defence, the Community Declaration of Political Principles and the African Charter on Human and Peoples' Rights agree to co-operate for the purpose of reali.
Art. 58. REGIONAL SECURITY Member States undertake to work to safeguard and consolidate relations conducive to the maintenance of peace, stability and security within the region. In pursuit of these objectives, Member States undertake to co-operate with the Community in establishing and strengthening appropriate mechanisms for the timely prevention and resolution of intra-State and inter-State conflicts, paying particular regard to the need to: a) b) c) d) e) maintain periodic and regular consultations b.
Art. 59. IMMIGRATION 1. Citizens of the Community shall have the right of entry, residence and establishment and Member States undertake to recognise these rights of Community citizens in their territories in accordance with the provisions of the Protocols relating thereto. 2. 3. Member States undertake to adopt all appropriate measures to ensure that Community citizens enjoy fully the rights referred to in paragraph 1 of this Article. Member States undertake to adopt, at national level, all measures nec.
Art. 60. HUMAN RESOURCES Member States undertake to co-operate in the full development and utilisation of their human resources. To this end, they shall take measures to: a) b) c) strengthen co-operation among themselves in the fields of education, training and employment; and to harmonise and co-ordinate their policies and programmes in these areas; consolidate their existing training institutions, improve the efficacy of their educational systems, encourage exchanges between schools and universities, e.
Art. 61. SOCIAL AFFAIRS Member States undertake to co-operate with a view to mobilising the various sections of the population and ensuring their effective integration and involvement in the social development of the region. For the purposes of paragraph 1 of this Article, Member States undertake to: 2. a) encourage the exchange of experiences and information on literacy, professional training and employment; b) harmonise their labour laws and social security legislations; promote women's and youth organ.
Art. 62. CULTURAL AFFAIRS Member States undertake to pursue the objectives of the Community Cultural Framework Agreement. To this end. Member States undertake to: 2. a) 1. b) c) encourage the promotion, by every means possible, of all forms of cultural exchange; promote, develop and, where necessary, improve structures and mechanisms for the production, propagation and utilisation of cultural industries; and promote the learning and dissemination of a West African language as a factor in Community integr.
Art. 63. WOMEN AND DEVELOPMENT Member States undertake to formulate, harmonise, co-ordinate and establish appropriate policies and mechanisms for the enhancement of the economic, social and cultural conditions of women. To this end, Member States shall take all measures necessary to: 2. a) 3. b) identify and assess all constraints that inhibit women from maximising their contribution to regional development efforts; and provide a framework within which the constraints will be addressed and for the incorp.
Art. 64. POPULATION AND DEVELOPMENT Member States undertake to adopt, individually and collectively, national population policies and mechanisms and take all necessary measures in order to ensure a balance between demographic factors and socio-economic development. To this end, Member States agree to: a) include population issues as central components in formulating and implementing national policies and programmes for accelerated and balanced socio-economic development; b) c) d) formulate national popul.
Art. 65. INFORMATION, RADIO AND TELEVISION Member States undertake to: a) b) c) co-ordinate their efforts and pool their resources in order to promote the exchange of radio and television programmes at bilateral and regional levels; encourage the establishment of programme exchange centres at regional level and strengthen existing programme exchange centres; use their broadcasting and television systems to promote the attainment of the objectives of the Community. 39 1. 2. a) ECOWAS REVISED TREATY.
Art. 66. THE PRESS In order to involve more closely the citizens of the Community in the regional integration process, Member States agree to co-operate in the area of information. To this end they undertake as follows: b) c) d) e) f) to maintain within their borders, and between one another, freedom of access for professionals of the communication industry and for information sources; to facilitate exchange of information between their press organs; to promote and foster effective dissemination of infor.
Art. 67. HARMONISATION OF POLICIES IN OTHER AREAS Subject to the provisions of this Treaty, Member States undertake to consult with one another, through appropriate Community institutions, for the purpose of harmonising and co-ordination their respective policies in all other fields not specifically covered by this Treaty for the efficient functioning and development of the Community and for the implementation of the provisions of this Treaty. 40 40 ECOWAS REVISED TREATY CHAPTER XIII.
Art. 68. LAND-LOCKED AND ISLAND MEMBER STATES Member States, taking into consideration the economic and social difficulties that may arise in certain Member States, particularly island and land-locked States, agree to grant them where appropriate, special treatment in respect of the application of certain provisions of this Treaty and to accord them any other assistance that they may need. 1. 2. 3. 4. CHAPTER XIV FINANCIAL PROVISIONS.
Art. 69. BUDGET OF THE COMMUNITY There shall be established a budget of the Community and, where appropriate, of any of the Institutions of the Community. All income and expenditure of the Community and its institutions shall be approved by the Council or other appropriate bodies for each financial year and shall be charged to the budget of the Community or the institution concerned. A draft budget shall be proposed for each financial year by the Executive Secretary or by the Head of the Institution conc.
Art. 70. REGULAR BUDGETS OF THE COMMUNITY The regular budgets of the Community and its institutions shall be funded from a Community levy and such other sources as may be determined by the Council. Until the entry into force of the Community levy, the regular budgets of the Community and its institutions shall be funded from the annual contribution by Member States. 41 ECOWAS REVISED TREATY.
Art. 71. SPECIAL BUDGETS OF THE COMMUNITY Special budgets shall be made available, where necessary, to meet the extra-budgetary expenditure of the Community. The Authority shall, on the recommendation of Council, determine the modalities for financing such special budgets of the Community. 1. 2. 3. 4. 5.
Art. 72. COMMUNITY LEVY There is hereby instituted a Community levy for the purpose of generating resources for financing Community activities. The Community levy shall be a percentage of the total value of import duty derivable from goods imported into the Community from third countries. The actual level of the Community levy shall be determined by the Council. The conditions for the application of the Community levy, the modalities for the transfer to the Community of the revenue generated and the util.
Art. 73. CONTRIBUTIONS BY MEMBER STATES 1. The mode by which the contributions of Member States shall be determined and the currencies in which the contributions are paid shall be as determined by Council. 2. Member States undertake to promptly transfer their assessed contributions to the Community.
Art. 75. EXTERNALAUDITORS The External Auditors of the Community shall be appointed for a period of two years renewable for two other terms of two years each. They can be relieved of their posts by the Authority on the recommendation of the Council. Subject to the provisions of the preceding paragraph, the Council shall determine the rules governing the selection procedure and establish the responsibilities of the External Auditors. 1. 2. CHAPTER XV DISPUTES.
Art. 76. SETTLEMENT OF DISPUTES Any dispute regarding the interpretation or-the application of the provisions of this Treaty shall be amicably settled through direct agreement without prejudice to the provisions of this Treaty and relevant Protocols. Failing this, either party or any other Member States or the Authority may refer the matter to the Court of the Community whose decision shall be final and shall not be subject to appeal. 1. CHAPTER XVI SANCTIONS.
Art. 77. SANCTIONS APPLICABLE FOR NON-FULFILMENT OF OBLIGATIONS Where a Member State fails to fulfil its obligations to the Community, the Authority may decide to impose sanctions on that Member State. 2. These sanctions may include: (i) suspension of new Community loans or assistance; (ii) suspension of disbursement on on-going Community projects or assistance programmes; 43 3. 4. ECOWAS REVISED TREATY (iii) exclusion from presenting candidates for statutory and professional posts; (iv) suspension of vo.
Art. 78. THE COMMUNITY AND THE AFRICAN ECONOMIC COMMUNITY The integration of the region shall constitute an essential component of the integration of the African Continent. Member States undertake to facilitate the co-ordination and harmonisation of the policies and programmes of the Community with those of the African Economic Community. 1. 2. CHAPTER XVIII RELATIONS BETWEEN THE COMMUNITY AND OTHER REGIONAL ECONOMIC COMMUNITIES.
Art. 79. THE COMMUNITY AND OTHER REGIONAL ECONOMIC COMMUNITIES In the context of realising its regional integration objectives, the Community may enter into co-operation agreements with other regional Communities. Such co-operation agreements entered into in accordance with the provisions of paragraph 1 of this Article shall be subject to prior approval by the Council upon the proposal of the Executive Secretary. 44 1. 2. 1. 2. ECOWAS REVISED TREATY CHAPTER XIX RELATIONS BETWEEN THE EXECUTIVE, SECRETARIA.
Art. 80. THE EXECUTIVE SECRETARIAT AND THE SPECIALISED INSTITUTIONS The Community shall determine the global integration policies and strategies to be adopted and define the integration objectives and programmes of all the institutions of the Community. The Executive Secretariat shall be responsible for harmonising and co-ordinating all activities and programmes of the institutions of the Community within the context of regional integration.
Art. 81. RELATIONS BETWEEN THE COMMUNITY AND REGIONAL NON-GOVERNMENTAL ORGANISATIONS The Community, with a view to mobilising the human and material resources for the economic integration of the region, shall co-operate with regional non- governmental organisations and voluntary development organisations in order to encourage the involvement of the peoples of the region in the process of economic integration and mobilise their technical, material and financial support. To this end, the Community shall se.
Art. 8.2. of this Treaty; "Council" means the Council of Ministers of the Community established under Article 10 of this Treaty; “Commission" means the Specialised Technical Commission established under Article 22 of this Treaty; “Community” means the Economic Community of West African States referred to under.
Art. 82. RELATIONS BETWEEN THE COMMUNITY AND REGIONAL SOCIO-ECONOMIC ORGANISATIONS AND ASSOCIATIONS The Community, with a view to mobilising the various actors in socio-economic life for the integration of the region, shall co-operate with socio-economic organizations and associations, in particular, producers, transport operators, workers, employers, university teachers and administrators, journalists, youth, women, artisans and other professional organisations and associations with a view to ensuring t.
Art. 83. CO-OPERATION AGREEMENTS The Community may conclude co-operation agreements with third countries. In pursuit of its objective, the Community shall also co-operate with the Organisation of African Unity, the United Nations system, and any other international organisation. Co-operation agreements to be concluded in accordance with the provisions of paragraphs 1 and 2 of this Article shall be subject to prior approval by the Council upon the proposal of the Executive Secretary. CHAPTER XXI RELATIONS.
Art. 84. AGREEMENTS CONCLUDED BY MEMBER STATES Member States may conclude agreements among themselves and with non-Member States, regional organisations or any other international organisation, provided that economic agreements are not incompatible with the provisions of this Treaty. They shall, at the request of the Executive Secretary, transmit copies of such economic agreements to the Executive Secretary who shall inform Council thereof. In the event that agreements concluded before the entry into for.
Art. 85. INTERNATIONAL NEGOTIATIONS Member States undertake to formulate and adopt common positions within the Community on issues relating to international negotiations with third parties in order to promote and safeguard the interests of the region. To this end, the Community shall prepare studies and reports designed to help Member States to harmonise better their positions on the said issues. CHAPTER XXII GENERAL AND FINAL PROVISIONS.
Art. 88. STATUS, PRIVILEGES AND IMMUNITIES 1. The Community shall enjoy international legal personality. 2. The Community shall have in the territory of each Member State: a) the legal powers required for the performance of the functions, assigned to it under this Treaty; 47 3. 4. b) ECOWAS REVISED TREATY power to enter into contracts and acquire, hold and dispose of movable and immovable property. In the exercise of its legal personality under this Article, the Community shall be represented by the Exec.
Art. 90. AMENDMENTS AND REVISIONS 1. Any Member State may submit proposals for the amendment or revision of this Treaty. 2. 3. 1. 2. Any such proposals shall be submitted to the Executive Secretary who shall notify other Member States thereof not later than thirty (30) days after the receipt of such proposals. Amendments or revisions shall not be considered by the Authority unless Member States shall have been given at least three months notice thereof. Amendments or revisions shall be adopted by the Aut.
Art. 91. WITHDRAWAL Any Member State wishing to withdraw from the Community shall give to the Executive Secretary one year's notice in writing who shall inform Member States thereof. At the expiration of this period, if such notice is not withdrawn, such a State shall cease to be a member of the Community. During the period of one year referred to in the preceding paragraph, such a Member State shall continue to comply with the provisions of this Treaty and shall remain bound to discharge its obligations.
Art. 92. TRANSITIONAL AND SAVINGS PROVISIONS Upon the entry into force of this revised Treaty in accordance with the provisions of Article 89, the provisions of the United Nations Vienna Convention on the Law of Treaties adopted on 23 May, 1969 shall apply to the determination of the rights and obligations of Member States under the 1975 ECOWAS Treaty and this revised Treaty. The ECOWAS Treaty of 1975 shall be deemed terminated when the Executive Secretariat has received instruments of ratification of th.
Art. 93. DEPOSITORY AUTHORITY The present Treaty and all instruments of ratification shall be deposited with the Executive Secretariat which shall transmit certified true copies of this Treaty to all Member States and notify them of the dates of deposit of the instruments of ratification and shall register this Treaty with the Organisation of African Unity, the United Nations Organisation and such other organisations as the Council may determine. IN FAITH WHEREOF, WE, THE HEADS OF STATE AND GOVERNMENT OF.