(d) establish conditions regulating the re-export of goods from third countries within the Common Market;
(e) establish rules of origin with respect to products originating in the Member States; and
(f) recognise the unique situation of Lesotho, Namibia and Swaziland within the context of the Common Market and to grant temporary exemptions to Lesotho, Namibia and Swaziland from the full application of specified provisions of this Treaty.
2. In the field of transport and communications:
(a) foster such co-operation among themselves as would facilitate the production of goods and facilitate trade in goods and services and the movement of persons;
(b) make regulations for facilitating transit trade within the Common Market; and
(c) adopt a Third Party Motor Vehicle Insurance Scheme.
3. In the field of industry and energy:
(a) eliminate rigidities in the structures of production and manufacturing so as to provide goods and services that are of high quality and are competitive in the Common Market;
(b) provide an appropriate enabling environment for the participation of the private sector in economic development and co-operation within the Common Market;
(b) co-operate in the field of industrial development;
(d) adopt common standards, measurements systems and quality assurance practices in respect of goods produced and traded within the Common Market; and
(e) provide an enabling stable and secure investment climate.
4. In the field of monetary affairs and finance:
(a) co-operate in monetary and financial matters and gradually establish convertibility of their currencies and a payments union as a basis for the eventual establishment of a monetary union;
(b) harmonise their macro-economic policies;
(c) remove obstacles to the free movement of services and capital within the Common Market; and
(d) recognise the unique situation of Lesotho, Namibia and Swaziland within the context of the Common Market and to grant temporary exemptions to Lesotho, Namibia and Swaziland from the full application of specified provisions of this Treaty.
5. In the field of agriculture:
(a) co-operate in the agricultural development;
(b) adopt a common agricultural policy;
(c) enhance regional food sufficiency;
(d) co-operate in the export of agricultural commodities;
(e) co-ordinate their policies regarding the establishment of agro-industries;
(f) co-operate in agricultural research and extension; and
(g) enhance rural development.
6. In the field of economic and social development:
(a) harmonise the methodology of collection, processing and analysis of information required to meet the objectives of the Common Market;
(b) harmonise or approximate their laws to the extent required for the proper functioning of the Common Market;
(c) promote the accelerated development of the least developed countries and economically depressed areas through the implementation of special programmes and projects in various fields of economic development;
(d) adopt a regional policy that will look into all possible economic problems that Member States may face during the implementation of this Treaty and propose ways and means of redressing such problems in a manner that will satisfy the conditions of equitable and balanced development within the Common Market;
(e) remove obstacles to the free movement of persons, labour and services, right of establishment for investors and right of residence within the Common Market;
(f) promote co-operation in social and cultural affairs between themselves;
(g) co-operate in tourism and wildlife development and management;
(h) co-operate in the development and management of natural resources, energy and environment; and
(i) take, jointly, such other steps as are necessary to further the aims of the Common Market.
Article 5. General Undertakings
1. The Member States shall make every effort to plan and direct their development policies with a view to creating conditions favourable for the achievement of the aims of the Common Market and the implementation of the provisions of this Treaty and shall abstain from any measures likely to jeopardize the achievement of the aims of the Common Market or the implementation of the provisions of this Treaty.
2. Each Member State shall take steps to secure the enactment of and the continuation of such legislation to give effect to this Treaty and in particular:
(a) to confer upon the Common Market legal capacity and personality required for the performance of its functions; and
(b) to confer upon the regulations of the Council the force of law and the necessary legal effect within its territory.
3. Each Member State shall:
(a) designate a Ministry with whom the Secretary-General may communicate in connection with any matter arising out of the implementation and application of this Treaty, and notify such designation to the Secretary-General;
(b) transmit to the Secretariat copies of all relevant existing and future legislation and its official gazettes; and
(c) where it is required under this Treaty, supply or exchange information to or with another Member State and send copies of such information to the Secretariat.
4. The Member States undertake to accord the Common Market and its staff the privileges and immunities accorded to similar international organisations in their territories and in accordance with the Agreement on Privileges and Immunities.
Article 6. Fundamental Principles
The Member States, in pursuit of the aims and objectives stated in Article 3 of this Treaty, and in conformity with the Treaty for the Establishment of the African Economic Community signed at Abuja, Nigeria on 3rd June, 1991, agree to adhere to the following principles:
(a) equality and inter-dependence of the Member States;
(b) solidarity and collective self-reliance among the Member States;
(c) inter-State co-operation, harmonisation of policies and integration of programmes among the Member States;
(d) non-aggression between the Member States;
(e) recognition, promotion and protection of human and peoples' rights in accordance with the provisions of the African Charter on Human and Peoples' Rights;
(f) accountability, economic justice and popular participation in development;
(g) the recognition and observance of the rule of law;
(h) the promotion and sustenance of a democratic system of governance in each Member State;
(i) the maintenance of regional peace and stability through the promotion and strengthening of good neighbourliness; and
(j) the peaceful settlement of disputes among the Member States, the active cooperation between neighbouring countries and the promotion of a peaceful environment as a pre-requisite for their economic development.
Chapter Four. Organs of the Common Market
Article 7. Organs of the Common Market
1. There shall be established as organs of the Common Market:
(a) the Authority;
(b) the Council;
(c) the Court of Justice;
(d) the Committee of Governors of Central Banks;
(e) the Intergovernmental Committee;
(f) the Technical Committees;
(g) the Secretariat; and
(h) the Consultative Committee.
2. The Secretary-General, in consultation with the Bureau of the Council may convene Sectoral Ministerial meetings to consider and take decisions on technical sectoral issues not having budgetary implications.
3. The decisions of the sectoral ministerial meetings taken in pursuance of the provisions of paragraph 2 of this Article shall take effect and shall be endorsed at the next meeting of the Council following the sectoral ministerial meeting.
4. The organs of the Common Market shall perform their functions and act within the limits of the powers conferred upon them by or under this Treaty.
Article 8. The Authority Composition and Functions
1. The Authority shall consist of the Heads of State or Government of the Member States.
2. The Authority shall be the supreme Policy Organ of the Common Market and shall be responsible for the general policy and direction and control of the performance of the executive functions of the Common Market and the achievement of its aims and objectives and shall have such other powers as are vested in it under this Treaty.
3. Subject to the provisions of this Treaty, the directions and decisions of the Authority taken or given in pursuance of the provisions of this Treaty, shall as the case may be, be binding on the Member States and on all other organs of the Common Market other than the Court in the exercise of its jurisdiction, and on those to whom they may be addressed to under this Treaty.
4. The directions and decisions of the Authority shall be notified to those to whom they are addressed and shall take effect upon the receipt of such notification or on such date as may be specified in the direction or decision.
5. The Authority shall meet once every year and may hold extraordinary meetings at the request of any member of the Authority, provided that such a request is supported by one-third of the members of the Authority.
6. Subject to the provisions of this Treaty, the Authority shall determine its own Rules of Procedure.
7. The decisions of the Authority shall be taken by consensus.
Article 9. The Council of Ministers Composition and Functions
1. The Council of Ministers of the Common Market shall consist of such Ministers as may be designated by each Member State. 2. It shall be the responsibility of the Council to:
(a) monitor and keep under constant review and ensure the proper functioning and development of the Common Market in accordance with the provisions of this Treaty;
(b) make recommendations to the Authority on matters of policy aimed at the efficient and harmonious functioning and development of the Common Market;
(c) give directions to all other subordinate organs of the Common Market other than the Court in the exercise of its jurisdiction;
(d) make regulations, issue directives, take decisions, make recommendations and give opinions in accordance with the provisions of this Treaty;
(e) request advisory opinions from the Court in accordance with the provisions of this Treaty;
(f) consider and approve the budgets of the Secretariat and the Court;
(g) consider what measures should be taken by Member States in order to promote the attainment of the aims of the Common Market;
(h) make Staff Rules and Regulations and Financial Regulations of the Secretariat;
(i) make recommendations to the Authority on the designation of Least Developed Countries;
(j) designate economically depressed areas of the Common Market; and
(k) exercise such other powers and perform such other functions as are vested in or conferred on it by this Treaty.
3. Subject to the provisions of this Treaty, the regulations, directives and decisions of the Council taken or given in pursuance of the provisions of this Treaty shall be binding on the Member States, on all subordinate organs of the Common Market other than the Court in the exercise of its jurisdiction and on those to whom they may under this Treaty, be addressed.
4. The Council shall meet once a year immediately preceding a meeting of the Authority. Extraordinary meetings of the Council may be held at the request of a Member State provided that such a request is supported by at least one-third of the Member States.
5. Subject to any directions that the Authority may give and to the provisions of this Treaty, the Council shall determine its own Rules of Procedure.
6. The decisions of the Council shall be taken by consensus, failing which by two-thirds majority of the members of the Council.
7. Where an objection is recorded on behalf of a Member State to a proposal submitted for the decision of the Council, the proposal shall, unless such objection is withdrawn, be referred to the Authority for its decision.
Article 10. Regulations, Directives, Decisions, Recommendations and Opinions of Council
1. The Council may, in accordance with the provisions of this Treaty, make regulations, issue directives, take decisions, make recommendations or deliver opinions.
2. A regulation shall be binding on all the Member States in its entirety.
3. A directive shall be binding upon each Member State to which it is addressed as to the result to be achieved but not as to the means of achieving it.
4. A decision shall be binding upon those to whom it is addressed. 5. A recommendation and an opinion shall have no binding force.
Article 11. Reasons for Regulations, Decisions and Directives
Regulations, directives and decisions of the Council shall state the reasons on which they are based and shall refer to any proposals or opinions which were required to be obtained pursuant to this Treaty.
Article 12. Entry Into Force of Regulations, Directives and Decisions of the Council
1. Regulations shall be published in the Official Gazette of the Common Market and shall enter into force on the date of their publication or such later date as may be specified in the Regulations.
2. Directives and decisions shall be notified to those to whom they are addressed and shall take effect upon the receipt of such notification or on such date as may be specified in the directives or decisions.
Article 13. The Committee of Governors of Central Banks Composition and Functions
1. The Committee of Governors of Central Banks shall consist of the governors of the monetary authorities designated for that purpose by the Member States.
2. The Committee of Governors of Central Banks shall:
(a) be responsible for the development of programmes and action plans in the field of finance and monetary co-operation;
(b) monitor and keep under constant review and ensure the proper implementation of the programmes and plans adopted pursuant to the provisions of Chapter Ten of this Treaty on Monetary and Financial Co-operation;
(c) for the purposes of sub-paragraphs (a) and (b) of this paragraph, request the Secretary-General to undertake specific investigations;
(d) consider reports and recommendations from the Technical Committee on Finance and Monetary Affairs;
(e) submit from time to time, reports and recommendations to the Council concerning the implementation of the Finance and Monetary Co-operation programme; and
(f) have such other functions as are conferred upon it by or under this Treaty.
3. Subject to any directions which may be given by the Council, the Committee of Governors of Central Banks shall meet once a year and shall, subject to this Treaty, determine its own Rules of Procedure.
Article 14. Intergovernmental Committee Composition and Functions
1. The Intergovernmental Committee shall consist of such Permanent or Principal Secretaries as may be designated by each Member State.
2. The Intergovernmental Committee shall:
(a) be responsible for the development of programmes and action plans in all the sectors of co-operation except in the finance and monetary sector;
(b) monitor and keep under constant review and ensure proper functioning and development of the Common Market in accordance with the provisions of this Treaty;
(c) oversee the implementation of the provisions of this Treaty and for that purpose may request a Technical Committee to investigate any particular matter;
(d) for the purposes of sub-paragraph (a) of this paragraph, request the Secretary-General to undertake specific investigations;
(e) submit from time to time either on its own initiative or upon the request of the Council reports and recommendations to the Council; and
(f) have such other functions as are conferred upon it by or under this Treaty.
3. Subject to any directions which may be given by the Council, the Intergovernmental Committee shall meet once a year and shall, subject to this Treaty, determine its own Rules of Procedure.
Article 15. Technical Committees Composition and Functions
1. The Technical Committees of the Common Market shall be the following:
(a) the Committee on Administrative and Budgetary Matters;
(b) the Committee on Agriculture ;
(c) the Committee on Comprehensive Information Systems;
(d) the Committee on Energy;
(e) the Committee on Finance and Monetary Affairs;
(f) the Committee on Industry;
(g) the Committee on Labour, Human Resources and Social and Cultural Affairs;
(h) the Committee on Legal Affairs;
(i) the Committee on Natural Resources and Environment;
(j) the Committee on Tourism and Wildlife;
(k) the Committee on Trade and Customs; and
(l) the Committee on Transport and Communications.
2. The Technical Committees shall be composed of representatives of the Member States designated for that purpose.
3. The Council may establish such additional Technical Committees as may be necessary for the attainment of the objectives of this Treaty.
4. The Technical Committees shall meet as often as necessary for the proper discharge of their functions and shall determine their own Rules of Procedure.
Article 16. Functions of the Technical Committees
Each Technical Committee shall:
(a) be responsible for the preparation of a comprehensive implementation programme and a time-table prioritising the programmes with respect to its sector;
(b) monitor and keep under constant review the implementation of co-operation programmes with respect to its sector;
(c) for the purposes of paragraphs (a) and (b) of this Article request the Secretary-General to undertake specific investigations;