Title
Association Convention between the European Economic Community and the African and Malagasy States associated with that Community
Preamble
Preamble
His Majesty the King of the Belgians,
The President of the Federal Republic of Germany
The President of the French Republic,
The President of the Italian Republic,
Her Royal Highness the Grand Duchess of Luxembourg,
Her Majesty the Queen of the Netherlands,
Contracting Parties to the Treaty establishing the European Economic Community signed in Rome on 25 March 1957, hereinafter referred to as the Treaty, the States of which are hereinafter referred to as the Member States
and the Council of the European Economic Community,
of the one part, and
His Majesty the Mwami of Burundi,
The President of the Federal Republic of Cameroon,
The President of the Central African Republic,
The President of the Republic of Congo (Brazzaville),
The President of the Republic of Congo (Leopoldville),
The President of the Republic of Côte d'Ivoire,
The President of the Republic of Dahomey,
The President of the Gabonese Republic,
The President of the Republic of Upper Volta,
The President of the Republic of Madagascar,
The Head of State, President of the Council of Government of the Republic of Mali,
The President of the Islamic Republic of Mauritania,
The President of the Republic of Niger,
The President of the Rwandan Republic,
The President of the Republic of Senegal,
The President of the Republic of Somalia,
The President of the Republic of Chad,
The President of the Togolese Republic,
whose States are hereinafter referred to as Associate States,
of the other part,
Having regard to the Treaty establishing the European Economic Community,
Reaffirming therefore their desire to maintain their association,
Desiring to demonstrate their mutual desire for cooperation on the basis of complete equality and friendly relations in accordance with the principles of the United Nations Charter,
Resolved to develop economic relations between the Associated States and the Community,
Resolved to pursue their joint efforts for the economic, social and cultural progress of their countries
Desirous of facilitating the diversification of the economy and the industrialisation of the associated States with a view to enabling them to strengthen their economic equilibrium and independence
Aware of the importance of developing intra-African co-operation and trade as well as international economic relations
have decided to conclude a new Association Convention between the Community and the Associated States and to this end have designated as their Plenipotentiaries :
His Majesty the King of the Belgians :
Mr Henri Fayat, Minister, Deputy for Foreign Affairs
The President of the Federal Republic of Germany :
Mr. Walter Scheel, Minister for Economic Cooperation
The President of the French Republic :
Mr. Raymond Triboulet, Minister for Cooperation
The President of the Italian Republic :
Mr. Emilio Colombo, Minister of the Treasury
Her Royal Highness the Grand Duchess of Luxembourg :
Mr Eugène Schaus, Minister for Foreign Affairs and Foreign Trade
Her Majesty the Queen of the Netherlands :
Mr Joseph Luns, Minister for Foreign Affairs
The Council of the European Economic Community :
Mr. Joseph Luns, President in office of the Council of the E.E.C.
Mr. Walter Hallstein, President of the Commission of the E.E.C.
His Majesty the Mwami of Burundi :
Mr. Lorgio Nimubona, Minister of Foreign Affairs
The President of the Federal Republic of Cameroon :
Mr. Victor Kanga, Minister of National Economy
The President of the Central African Republic :
Mr Jean Christophe Mackpayen, Minister of Foreign Affairs
The President of the Republic of Congo (Brazzaville) :
Mr Victor Sathoud, Minister of Planning
The President of the Republic of Congo (Leopoldville):
Mr Marcel Lengema, Secretary of State for Foreign Affairs
The President of the Republic of Côte d'Ivoire :
Mr Lambert Amon Tanoh, Minister of National Education, Acting Minister of Finance
The President of the Republic of Dahomey :
Mr Aplogan, Secretary of State for African Affairs
The President of the Gabonese Republic :
Mr André-Gustave Anguile, Minister of State for the Economy
The President of the Republic of Upper Volta :
Mr Moïse Traore, Minister of National Economy
The President of the Republic of Madagascar :
Mr Alfred Ramangasoavina, Minister of Justice
The Head of State, President of the Council of Government of the Republic of Mali :
Mr Jean-Marie Kone, Minister of State in charge of Planning
The President of the Islamic Republic of Mauritania :
Mr Mohammed Sidi, Minister of Foreign Affairs
The President of the Republic of Niger :
Mr. Ikhia Zodi, Minister of African Affairs
The President of the Rwandan Republic :
Mr. Callixte Habamenshi, Minister of Foreign Affairs
The President of the Republic of Senegal :
Mr. Djime Momar Gueye, Ambassador, Representative to the E.E.C.
The President of the Republic of Somalia :
Mr. Ali Omar Scego, Ambassador, Representative to the E.E.C.
The President of the Republic of Chad :
Mr. Maurice Ngangtar, Minister of Foreign Affairs
The President of the Togolese Republic :
Mr. Jean Agbemegnan, Minister of Trade and Industry
Who, after having exchanged their full powers, acknowledged in good and due form,
Have agreed on the following provisions:
Body
Title I. Trade
Article 1.
With a view to promoting increased trade between the Associated States and the Member States, to strengthening their economic relations and the economic independence of the Associated States and thus to contributing to the development of international trade, the High Contracting Parties have agreed upon the following provisions governing their mutual trade relations.
Chapter 1. Customs Duties and Quantitative Restrictions
Article 2.
1. Products originating in the associated States shall benefit on importation into the Member States from the progressive elimination of customs duties and charges having equivalent effect to such duties which shall take place between the Member States in accordance with the provisions of Articles 12, 13, 14, 15 and 17 of the Treaty and with decisions to accelerate the pace of achievement of the objectives of the Treaty which have been or will be taken.
2. However, from the entry into force of the Convention, Member States shall abolish the customs duties and charges having equivalent effect to such duties which they apply to products originating in the associated States and listed in the Annex to this Convention.
At the same time, the Community's Common Customs Tariff duties shall be applied by the Member States to imports of these products from third countries.
3. Imports of green coffee into the Benelux countries, on the one hand, and of bananas into the Federal Republic of Germany, on the other hand, from third countries shall be carried out under the conditions laid down respectively, in the case of green coffee, in the Protocol concluded today between the Member States and, in the case of bananas, in the Protocol concluded on 25 March 1957 between the Member States and in the declaration annexed to this Convention.
4. The application of the provisions of this Article shall be without prejudice to the treatment to be accorded to certain agricultural products under the provisions of Article 11 of this Convention.
5. At the request of an associated State, consultations shall be held within the Association Council on the conditions for the application of this Article.
Article 3.
1. Each associated State shall grant the same tariff treatment to products originating in all Member States; those associated States which do not already apply this rule at the entry into force of the Convention shall comply with it within six months.
2. Products originating in the Member States shall benefit in each associated State, under the conditions laid down in Protocol 1 annexed to this Convention, from the progressive elimination of customs duties and charges having equivalent effect to such duties which each associated State applies to imports of such products into its territory.
Each associated State may, however, maintain or establish customs duties and taxes having equivalent effect to such duties which meet the needs of its development and industrialisation or are intended to support its budget.
The customs duties and charges having equivalent effect to such duties which the associated States levy in accordance with the preceding paragraph, as well as the modifications which they may make to such duties and charges under the conditions laid down in Protocol 1, shall not give rise, in law or in fact, to any direct or indirect discrimination between Member States.
3. At the request of the Community and in accordance with the procedures laid down in Protocol 1, consultations shall take place in the Association Council on the conditions for implementing this Article.
Article 4.
1. In so far as an associated State levies export duties on its products destined for Member States, such duties may not give rise, in law or in fact, to any direct or indirect discrimination between Member States and may not exceed those applied to products destined for the most favoured third country.
2. Without prejudice to the application of Article 13 (2) of this Convention, appropriate measures shall be taken by the Association Council where the application of such duties would cause serious disturbance in conditions of competition.
Article 5.
1. With regard to the elimination of quantitative restrictions, Member States shall apply to imports of products originating in the associated States the corresponding provisions of the Treaty and of decisions to accelerate the pace of achievement of the objectives of the Treaty which have been or will be taken and which are applied in their mutual relations.
2. At the request of an associated State, consultations shall be held within the Association Council on the conditions for implementing this Article.
Article 6.
1. The associated States shall abolish, not later than four years after the entry into force of this Convention, all quantitative restrictions on imports of products originating in the Member States and all measures having equivalent effect. This abolition shall be carried out progressively under the conditions laid down in Protocol 2 annexed to this Convention.
2. The associated States shall refrain from introducing any new quantitative restrictions or measures having equivalent effect on imports of products originating in the Member States.
3. Should the measures provided for in Article 3 prove insufficient to meet their development and industrialization needs or should their balance of payments difficulties arise or, in the case of agricultural products, should the requirements of existing regional market organizations arise, the associated States may, notwithstanding the provisions of the two preceding paragraphs and under the conditions laid down in Protocol 2, maintain or introduce quantitative restrictions on imports of products originating in the Member States.
4. Associated States in which imports are subject to the jurisdiction of a national commercial monopoly or of a body by which imports are, in law or in fact, directly or indirectly, limited, controlled, directed or influenced, shall take all necessary steps to attain the objectives set out in this Title and to eliminate progressively all discrimination as regards the conditions under which products are supplied and disposed of.
Without prejudice to the application of Article 7 below, the foreign trade plans drawn up by the associated States may not involve or entail, in law or in fact, any direct or indirect discrimination between Member States.
Measures taken in application of the provisions of this paragraph shall be communicated by the associated States concerned to the Association Council.
5. At the request of the Community, consultations shall take place in the Association Council on the conditions for implementing this Article.
Article 7.
Subject to the special provisions applicable to frontier trade, the arrangements applied by the associated States under this Title to products originating in the Member States shall in no case be less favourable than those applied to products originating in the most favoured third country.
Article 8.
This Convention shall not preclude the maintenance and establishment between associated States of customs unions or free trade areas.
Article 9.
This Convention shall not preclude the maintenance or establishment of customs unions or free trade areas between one or more associated States and one or more third countries in so far as such unions or areas are not, or do not prove to be, incompatible with the principles and provisions of this Convention.
Article 10.
The provisions of Articles 3, 4 and 6 above shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security, the protection of health and life of humans, animals or plants, the protection of national treasures possessing artistic, historic or archaeological value, or the protection of industrial and commercial property. However, such prohibitions or restrictions shall not constitute a means of arbitrary discrimination or a disguised restriction on trade.
Chapter 2. Provisions Relating to Certain Agricultural Products
Article 11.
In determining its common agricultural policy, the Community shall take account of the interests of the associated States as regards products which are like or compete with European products. Consultations shall be held to this end between the Community and the associated States concerned.
The arrangements applicable to imports into the Community of such products, where they originate in the associated States, shall be determined by the Community after consultation within the Association Council, as and when the Community defines its common agricultural policy.
Chapter 3. Provisions on Trade Policy
Article 12.
1. With regard to commercial policy, the Contracting Parties agree to inform each other and, at the request of one of them, to consult each other for the purpose of the proper application of this Convention.
2. These consultations shall cover measures relating to trade with third countries where these are likely to affect the interests of one or more Contracting Parties, and in particular with regard to
(a) the suspension, modification or abolition of customs duties
(b) the granting of tariff quotas at reduced or zero duty, with the exception of the quotas referred to in Article 2 (3) above
(c) The introduction, reduction or abolition of quantitative restrictions, without prejudice to the obligations of certain Contracting Parties arising from their membership of G.A.T.S.
3. As soon as this Convention enters into force, the Association Council shall define the information and consultation procedure for the application of this Article.
Chapter 4. Safeguard Clauses
Article 13.
1. If serious disturbances occur in any sector of the economic activity of an Associated State or jeopardise its external financial stability, the latter may, by way of derogation from the provisions of the first subparagraph of Article 3(2) and of Article 6(1), (2) and (4), take the necessary safeguard measures.
These measures and the detailed rules for their application shall be notified to the Association Council without delay.