CEDEAO Traite-1975
Art. 1. Establishment and Membership of the Community 1. By this Treaty the HIGH CONTRACTING PARTIES establish among themselves an Economic Community of West African States (ECOWAS), hereinafter referred to as "the Community" 2. The members of the Community, hereinafter referred to as "the Member States”, shall be the States that ratify this Treaty and such other West African States as may accede to it.
Art. 2. Aims of the Community 1. It shall be the aim of the Community to promote co-operation and development in all fields of economic activity particularly in the fields of industry, transport, telecommunications, energy, agriculture, natural resources, commerce, monetary and financial questions and in social and cultural matters for the purpose of raising the standard of living of its peoples, of increasing and maintaining economic stability, of fostering closer relations among its members and of con.
Art. 3. General Undertaking The Member States shall make every effort to plan and direct their policies with a view to creating favourable conditions for the achievement of the aims of the Community; in particular, each Member State shall take all steps to secure the enactment of such legislation as is necessary to give effect to this Treaty. 12 CHAPTER II INSTITUTIONS OF THE COMMUNITY.
Art. 4. 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 Defence Council; (d) the Executive Secretariat; (e) the Tribunal of the Community; and (f) the following Technical and Specialised Commissions: - the Trade, Customs, Immigration, Money and Payments Commission; - the Industry, Agriculture and Natural Resources Commission; - the Transport, Communications and Energy Commission; - the Social and Cultur.
Art. 5. Authority of Heads of State and Government Establishment, Composition and Functions 1. There is hereby established the Authority of Heads of State and Government of the Member States referred to in this Treaty as "the Authority" which shall be the principal governing institution of the Community. 2. The Authority shall be responsible for, and have the general direction and control of the performance of the executive functions of the Community for the progressive development of the Community and.
Art. 6. Council of Ministers Establishment, Composition and Functions 1. There is hereby established a Council of Ministers which shall consist of two representatives of each Member State. 2. It shall be the responsibility of the Council of Ministers: (a) to keep under review the functioning and development of the Community in accordance with this Treaty; (b) to make recommendations to the Authority on matters of policy aimed at the efficient and harmonious functioning and development of the Community;
Art. 8. The Executive Secretariat 1. There shall be established an Executive Secretariat of the Community. 2. The Executive Secretariat shall be headed by an Executive Secretary who shall be appointed by the Authority to serve in such office for a term of four (4) years and be eligible for reappointment for another term of four (4) years only. 3 The Executive Secretary shall only be removed from office by the Authority upon the recommendation of the Council of Ministers. 4. The Executive Secretary shall.
Art. 9. Technical and Specialised Commissions Establishment, Composition and Functions 1. There shall be established the following Commissions: (a) the Trade, Customs, Immigration, Monetary and Payments Commission; (b) the Industry, Agriculture and Natural Resources Commission; (c) the Transport, Communications and Energy Commission; (d) the Social and Cultural Affairs Commission; (e) the Defence Commission; (f) the Administration and Finance Commission. 2. The Authority may from time to time establish.
Art. 10. External Auditor 1. There shall be an External Auditor of the Community who shall be appointed and removed by the Authority on the recommendation of the Council of Ministers. 2. Subject to the provisions of the preceding paragraph, the Council of Ministers shall make regulations governing the terms and conditions of service and powers of the External Auditor.
Art. 11. Tribunal of the Community 1. There shall be established a Tribunal of the Community which shall ensure the observance of law and justice in the interpretation of the provisions of this Treaty. Furthermore, it shall be charged with the responsibility of settling such disputes as may be referred to it in accordance with Article 56 of this Treaty. 2. The composition, competence, statutes and other matters relating to the Tribunal shall be prescribed by the Authority. NOTE For Composition and Functi.
Art. 12. Liberalization of Trade There shall be progressively established in the course of a transitional period of fifteen (15) years from the definitive entry into force of this Treaty, and as prescribed in this Chapter, a Customs Union among the Member States. Within this Union, customs duties or other charges with equivalent effect on imports shall be eliminated. Quota, quantitative or like restrictions or prohibitions and administrative obstacles to trade among the Member States shall also be remove.
Art. 13. Customs Duties 1. Member States shall reduce and ultimately eliminate customs duties and any other charges with equivalent effect except duties notified in accordance with Article 17 and other charges which fall within that Article, imposed on or in connection with the importation of goods which are eligible for Community tariff treatment in accordance with Article 15 of this Treaty. Any such duties or other charges are hereinafter referred to as "import duties". 2. Within a period of two (2) ye.
Art. 14. Common Customs Tariff 1. The Member States agree to the gradual establishment of a common customs tariff in respect of all goods imported into the Members States from third countries. 2. At the end of the period of eight (8) years referred to in paragraph 3 of Article 13 of this Treaty and during the next succeeding five (5) years, Member States shall gradually, in accordance with a schedule to be recommended by the Trade, Customs, Immigration, Monetary and Payments Commission, abolish existing.
Art. 15. 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 State from the territory of another Member State and originate in the Member States.
- The definition of products originating from Member States shall be the subject of a protocol to be annexed to this Treaty.
- The Trade, Customs, Immigration, Monetary and Payments Commission shall from time to ti
Art. 16. Deflection of Trade 1. For the purposes of this Article, trade is said to be deflected if, (a) imports of any particular product by a Member State from another Member State increase: i. as a result of the reduction or elimination of duties and charges on that product, and ii. because duties and charges levied by the exporting Member State on imports of raw materials used for manufacture of the product in question are lower than the corresponding duties and charges levied by the importing Member.
Art. 17. Revenue Duties and Internal Taxation 1. 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. 2. Member States shall eliminate all effective internal taxes or other internal charges that are made for the protection of domestic goods not later than one (1) year after the period of two (2) years referred to in parag.
Art. 18. Quantitative Restrictions on Community Goods 1. Except as may be provided for or permitted by this Treaty, each of the Member States undertakes to relax gradually and to remove ultimately in accordance with a schedule to be recommended by the Trade, Customs, Immigration, Monetary and Payments Commission and not later than ten (10) years from the definitive entry into force of this Treaty, all the then existing quota, quantitative or like restrictions or prohibitions which apply to the import int.
Art. 19. Dumping 1. Member States undertake to prohibit the practice of dumping goods within the Community. 2. 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 o.
Art. 20. Most Favoured Nation Treatment 1. Member States shall accord to one another in relation to trade between them the most favoured nation treatment and in no case shall tariff concessions granted to a third country under an agreement with a Member State be more favourable than those applicable under this Treaty. 2. Copies of such agreements referred to in paragraph 1 of this Article shall be transmitted by the Member States which are parties to them, to the Executive Secretariat of the Community. 3.
Art. 22. Re-exportation of Goods and Transit Facilities 1. Where customs duty has been charged and collected on any goods imported from a third country into a Member State such goods shall not be re-exported into another Member State except as may be permitted under a Protocol to this Treaty entered into by the Member State. 2. Where goods are re-exported under such a Protocol, the Member States from whose territory such goods are re-exported shall refund to the Member State into whose territory such goo.
Art. 23. Customs Administration Member States shall, upon the advice of the Trade, Customs, Immigration, Monetary and Payments Commission, 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. 24. Drawback 1. Member States may, at or before the end of the period of eight (8) years referred to in paragraph 3 of Article 13 of this Treaty, refuse to accept as eligible for Community tariff treatment, 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. 2. For the purposes of this Article: (a) "drawback" means any arrangement, including tempora.
Art. 25. Compensation for Loss of Revenue 1. The Council of Ministers shall, on the report of the Executive Secretary and recommendation by the appropriate Commission or Commissions, 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. 2. A protocol to be annexed to this Treaty shall state precisely the methods of assessment of the loss of revenue suffered by Member States as a result of the application of this ch.
Art. 26. Safeguard Clause 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 of Ministers. 2. These measures shall remain in force for a maximum period of one year. They may not be extended beyond that period except with the approval of the.
Art. 27. Visa and Residence 1. Citizens of Member States shall be regarded as Community citizens and accordingly Member States undertake to abolish all obstacles to their freedom of movement and residence within the Community. 2. Member States shall by agreements with each other exempt Community citizens from holding visitors' visas and residence permits and allow them to work and undertake commercial and industrial activities within their territories. CHAPTER V INDUSTRIAL DEVELOPMENT AND HARMONIZATION.
Art. 29. Stage I: Exchange of Information on Major Industrial Projects Member States undertake to: (a) furnish one another with major feasibility studies and reports on projects within their territories; (b) furnish one another, on request, reports, on the performance of prospective technical partners who have developed similar projects in their territories; (c) furnish one another, on request, reports on foreign business groups operating in their territories; 27 (d) furnish one another, on request, with.
Art. 30. Stage II: Harmonization of Industrial Incentives and Industrial Development Plans Member States undertake to: (a) harmonize their industrial policies so as to ensure a similarity of industrial climate and to avoid disruption of their industrial activities resulting from dissimilar policies in the fields of industrial incentives, company taxation and Africanisation; and (b) co-operation with one another by exchanging their industrial plans so as to avoid unhealthy rivalry and waste of resources.
Art. 31. Stage III: Personnel Exchange, Training and Joint Ventures Member States shall: (a) exchange, as may be necessary, skilled, professional and managerial personnel in the operation of projects within the Community; (b) provide places for training in their educational and technical institutions for Community citizens; and (c) engage, where appropriate, in joint development of projects including those which entail the execution of complementary parts of such projects in different Member States. 28.
Art. 32. Remedial Measures 1. The Council of Ministers shall keep under constant review in the implementation of the provisions of this Chapter, the disparity in the levels of industrial development of the Member States and may direct the appropriate Commission of the Community to recommend measures to remedy such disparity. 2. In the implementation of the aims of the Community, the Council of Ministers shall recommend measures designed to promote the industrial development of Member States and shall tak.
Art. 34. Stage I: Harmonisation of Agricultural Policies
- Member States undertake to work towards the harmonisation of their internal and external agricultural policies in their relations with one another
- Member States shall exchange regularly information on experiments and results of research being carried out in their respective territories and on existing rural development programmes; and 29
- Member States shall formulate, as appropriate, joint programmes for both basic and in-service training
Art. 35. Stage II: Evolution of a Common Agricultural Policy Member States undertake to take all measure necessary for the creation of a common policy especially in the fields of research, training, production, processing and marketing of the products of agriculture, forestry, animal husbandry and fisheries. For this purpose, the Industry, Agriculture and Natural Resources Commission shall, as soon as possible, after its establishment meet to make recommendations to the Council of Ministers for the harmo.
Art. 36. Co-operation in Monetary and Fiscal Matters 1. It shall be the responsibility of the Trade, Customs, Immigration, Monetary and Payments Commission, among other things, to: (a) as soon as practicable, make recommendations on the harmonisation of the economic and fiscal policies of the Member States, (b) give its constant attention to the maintenance of a balance of payments equilibrium in the Member States; and (c) examine developments in the economies of the Member States. 2. The recommendations.
Art. 37. Settlement of Payments Between Member States The Trade, Customs, Immigration, Monetary and Payments Commission shall make recommendations, to the Council of Ministers on the establishment, in the short term, of bilateral systems for the settlement of accounts between the Member States and, in the long term, of a multilateral system for the settlement of such accounts.
Art. 38. Committee of West African Central Banks 1. For the purpose of overseeing the system of payments within the Community, there is hereby established a Committee of West African Central Banks, which shall consist of the Governors of the Central Banks of the Member States or such other persons as may be designated by Member States. This Committee shall, subject to this Treaty, determine its own procedures. 2. The Committee of West African Central Banks shall make recommendations to the Council of Min.
Art. 39. Movement of Capital and Capital Issues Committee 1. For the purpose of ensuring the free flow of capital between the Member States consistent with the objectives of this Treaty, there is hereby established a Capital Issues Committee, which shall consist of representatives designated one each by the Member States and shall, subject to this Treaty, determine its own procedure. 2. The Member States, in designating their representatives referred to in paragraph I of this Article, shall designate per.
Art. 40. Common Transport and Communications Policy Member States undertake to evolve gradually common transport and communications policies through the improvement and expansion of their existing transport and communications links and the establishment of new ones as a means of furthering the physical cohesion of the Member States and the promotion of greater movement of persons, goods and services within the Community. 32.
Art. 41. Roads The Transport, Communications and Energy Commission shall formulate plans for a comprehensive network of all-weather roads within the Community with a view to promoting social and unimpeded commercial intercourse between the Member States through the improvement of existing roads to, and the construction of new ones of international standards. In the formulation of these plans, the Transport, Communications and Energy Commission shall give priority to a network of roads traversing the terr.
Art. 43. Shipping and International Waterways 1. The Transport, Communications and Energy Commission shall formulate plans for the harmonisation and rationalisation of policies on shipping and international waterways of the Member States. 2. Member States undertake to do their utmost to form multinational shipping Companies for both maritime and river navigation.
Art. 44. Air Transport Member States shall use their best endeavour to bring about the merger of their national airlines in order to promote efficiency and profitability in the air transportation of passengers and goods within the Community by aircraft owned by the Governments of the Member States and/or their citizens. To this end, they shall co-ordinate the training of their nationals and policies in air transport and standardize their equipment. 33.
Art. 45. Telecommunications 1. Member States shall re-organise and improve, where necessary, their national telecommunications network to meet standards required for international traffic. 2. Member States undertake to establish a direct, modern, efficient and rational system of telecommunications among themselves.
Art. 46. Pan-African Telecommunications Network The Transport, Communications and Energy Commission shall make urgent recommendations for the rapid realisation in the West African Section of the Pan-African Telecommunications network and, in particular, the establishment of links necessary for the economic and social development of the Community. Member States shall co-ordinate their efforts in this field and in the mobilisation of national and international financial resources.
Art. 47. Postal Services 1. The Transport, Communications and Energy Commission shall study and make recommendations to the Council of Ministers on proposals for speedier, cheaper and more frequent postal services within the Community. 2. Member States undertake to: (a) promote close collaboration among their postal administrations; (b) harmonise routes of mails; and (c) establish among themselves a system of postal remittances and preferential tariffs which are more favourable than those envisaged by th.
Art. 48. Co-operation in Energy and Mineral Resources 1. The Transport, Communications and Energy Commission shall engage in consultations on, and the co-ordination of the polices and activities of the Member States in the field of energy and submit its recommendations to the Council of Ministers. 2. Member States undertake to: (a) co-operate, consult on and co-ordinate their policies, regarding energy and mineral resources; (b) harmonise their energy and mineral resources polices especially as regards t.
Art. 49. Co-operation in Social and Cultural Matters Subject to any directions that may be given by the Council of Ministers, the Social and Cultural Affairs Commission shall examine ways of increasing exchange of social and cultural activities among the Member States and of developing them, provide a forum for consultation generally on social and cultural matters affecting the Member States and make recommendations to the Council of Ministers. 35 CHAPTER XI FUND FOR CO-OPERATION, COMPENSATION AND DEVELO.
Art. 51. Resources of the Fund 1. The Fund shall derive its resources from: (a) contributions of Member States; (b) income from Community enterprises; (c) receipts from bilateral and multilateral sources as well as other foreign sources; and (d) subsidies and contributions of all kinds and from all sources. 2. The contributions of Member States referred to in sub-paragraph (a) of the preceding paragraph shall be determined by the Council of Ministers and shall be of such minimum and maximum amounts as th.
Art. 52. Uses of the Fund The Fund shall be used to: (a) finance projects in Member States; (b) provide compensation to Member States which have suffered losses as a result of the location of Community enterprises; (c) provide compensation and other forms of assistance to Member States which have suffered losses arising out of the application of the provisions of this Treaty on the liberalisation of Trade within the Community. (d) guarantee foreign investments made in Member States in respect of enterpri.
Art. 53. Budget of the Community
- There shall be established a budget of the Community.
- All expenditures of the Community, other than those in respect of the Fund for Cooperation, Compensation and Development, established under Chapter XI of this Treaty, shall be approved in respect of each financial year by the Council of Ministers and shall be chargeable to the budget.
- Resources of the budget shall be derived from annual contributions by Member States and such other sources as may be determined
Art. 54. Contributions by Member States
- A protocol to be annexed to this Treaty shall state the mode by which the contribution of Member States shall be determined and the currencies in which the contribution is to be paid.
- The Member States undertake to pay regularly their annual contributions to the budget of the Community.
- Where a Member State is in arrears at the end of the financial year in the payment of its contributions for reasons other than those caused by public or natural calamity or
Art. 56. Procedure for the Settlement of Disputes Any dispute that may arise among the Member States regarding the interpretation or application of this Treaty shall be amicably settled by direct agreement. In the event of failure to settle such disputes, the matter may be referred to the Tribunal of the Community by a party to such disputes and the decision of the Tribunal shall be final. 38 CHAPTER XIV GENERAL AND FINAL PROVISIONS.
Art. 59. Relations with other Regional Associations and Third Countries 1. Member States may be members of other regional or sub-regional associations, either with other Member States or non-Member States, provided that their membership of such associations does not derogate from the provisions of this Treaty. 2. The rights and obligations arising from agreements concluded before the definitive entry into force of this Treaty between one or more Member States on the one hand, and one Member State and a t.
Art. 60. Status, Privileges and Immunities
- The Community, as an international organisation, shall enjoy legal personality.
- The Community shall have in the territory of each Member State: (a) the legal capacity required for the performance of its functions under this Treaty; and (b) power to acquire, hold or dispose of movable or immovable property.
- In the exercise of its legal personality under this Article, the Community shall be represented by the Executive Secretary.
- The privileges and imm
Art. 61. Setting up of the Institutions 1. The Authority shall at its first meeting after the entry into force of this Treaty: (a) appoint the Executive Secretary; (b) determine the Headquarters of the Community; and (c) give such directions to the Council of Ministers and other institutions of the Community as are necessary for the expeditious and effective implementation of this Treaty. 2. Subject to the provisions of the preceding paragraph, the Council of Ministers shall, within two months of the ent.
Art. 62. Entry into Force, Ratification and Accession This Treaty and the protocols which shall be annexed and which shall form an integral part of the Treaty shall respectively enter into force provisionally upon the signature by Heads of State and Government and definitively upon ratification by at least seven signatory States in accordance with the constitutional procedures applicable for each signatory State. Any West African State may accede to this Treaty on such terms and conditions as the Authori.
Art. 63. Amendments and Revisions 1. Any Member State may submit proposals for the amendment or revision of this Treaty. 2. Any such proposals shall be submitted to the Executive Secretary who shall communicate them to other Member States not later than thirty days after the receipt of such proposals. Amendments or revisions shall be considered by the Authority after Member States have been given one month's notice thereof. 41.
Art. 64. Withdrawal 1. Any Member State wishing to withdraw from the Community shall give to the Executive Secretary one year's written notice. At the end of this period of one year, if such notice is not withdrawn, such a State shall cease to be a member of the Community. 2. During the period of one year referred to in the preceding paragraph, such a Member State Shall nevertheless observe the provisions of this Treaty and shall remain liable for the discharge of its obligations under this Treaty.
Art. 65. 41 Depository Government .............................................................................................................. 41 7 THE 1975 TREATY OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES PREAMBLE The President of the Republic, Head of State, Head of the Revolutionary Military Government, and President of the National Council of the Revolution o.