1. The Member States shall co-operate in the development of pipeline transport and in the utilisation of existing pipeline facilities.
2. Where common pipeline projects are feasible, the Member States shall co-operate in all aspects of planning, financing, execution, management and maintenance of pipeline services and facilities.
Article 91. Multimodal Transport
The Member States shall:
(a) harmonize and simplify regulations, goods classification, procedures and documents required for their multimodal inter-State transport;
(b) apply uniform rules and regulations with respect to the packaging, marking and loading of goods;
(c) provide, where feasible, technical and other facilities for direct trans-shipment of goods at main trans-shipment points, including intermodal cargo exchange points, inland clearance depots, dry ports or inland container depots;
(d) agree to allocate multimodal transport facilities for goods consigned to or from the territories of other Member States; and
(e) take measures to ratify or accede to international Conventions on Multimodal Transport and containerisation and take such steps as necessary to implement them.
Article 92. Freight Booking Centres
1. The Member States shall establish freight booking centres where these are economically justified.
2. The Member States shall recommend to all their respective national enterprises or agencies, the contracting of exports or imports handled by them on c.i.f. and f.o.b. basis respectively.
Article 93. Freight Forwarders, Customs Clearing Agents and Shipping Agents
1. The Member States shall allow any person to register, and be licensed, as a freight forwarder, customs clearing agent and shipping agent, provided that, that person fulfills the legal requirements of that Member State.
2. The Member States shall agree not to restrict the commercial activities, rights and obligations of a lawfully registered and licensed freight forwarder or clearing agent.
Article 94. Meteorological Services
1. Each Member State shall collect and disseminate to the other Member States meteorological information in order to facilitate the efficient operation of air navigation, coastal shipping, inland water transport and the issuing of cyclone warnings and other adverse weather phenomena. To this end, the Member States agree to establish a Regional Meteorological Centre.
2. The Member States shall co-operate and support each other in all activities of the World Meteorological Organization affecting the interests of the Common Market especially the monitoring of the atmosphere and climatic changes on the planet.
3. The Member States shall exchange information and expertise concerning new developments in meteorological science and technology including the calibration and comparison of instruments.
Article 95. Postal Services
The Member States shall, in collaboration with the relevant international organisations including Universal Postal Union and Pan-African Postal Union, promote close co-operation between their postal administrations and devise ways and means to achieve fast, reliable, economic and efficient postal services among themselves, through the strengthening of Common Market postal sorting, routing, transit and distribution centres.
Article 96. Telecommunications
The Member States shall:
(a) adopt common telecommunications policies to be developed within the framework of the Common Market in collaboration with other relevant international organisations including the Pan-African Telecommunications Union and the International Telecommunications Union;
(b) undertake to give full management autonomy to their telecommunications administrations in their operational functions and in the provision of the telecommunications services;
(c) make rational use of existing telecommunications installations;
(d) improve and maintain their inter-State telecommunications networks and modernize equipment, to meet the common standards required for efficient inter-State traffic within the Common Market;
(e) harmonize and apply non-discriminatory tariffs among themselves and where possible, shall agree on preferential tariff treatment applicable within the Common Market;
(f) establish adequate direct telecommunications links among themselves;
(g) cooperate and coordinate their activities in the maintenance of telecommunication facilities especially in the exchange of manpower and spare parts;
(h) promote the establishment of joint ventures for the manufacture of telecommunication equipment;
(i) develop their rural telecommunication so as to enhance socio-economic interaction between rural and urban centres; and
(j) devise common frequency management and monitoring scheme, assign mutually agreed upon frequencies for cross-border mobile radio communication and issue operating licenses agreed upon by the Member States concerned.
Article 97. Radio and Television
The Member States shall: (a) co-operate in technical matters and the electronic media that will promote the development of the Common Market through the establishment of direct radio and television links with one another; (b) harmonize their technical equipment for the manufacture of radio and television equipment; and (c) apply non-discriminatory radio and television tariffs for the exchange of electronic media programmes.
Article 98. Common Provisions
1. The Member States shall take measures directed towards the harmonization and maximum use of programmes within their existing institutions for the training of personnel in the field of transport and communications.
2. The Member States shall exchange information on new technical developments in all modes of transport and communications.
3. Each Member State shall take all necessary measures to prohibit the transportation of those products, mail and merchandise that are considered illegal in another Member State and are gazetted as illegal in accordance with the rules and regulations of that Member State.
Chapter Twelve. Co-operation In Industrial Development
Article 99. Scope of Co-operation In Industrial Development
The objectives of co-operation in industrial development in the Common Market are to:
(a) promote self-sustained and balanced growth;
(b) increase the availability of industrial goods and services for intra-Common Market trade;
(c) improve the competitiveness of the industrial sector thereby enhancing the expansion of intra-regional trade in manufactures in order to achieve structural transformation of the economy that would foster the overall socio-economic development in Member States; and
(d) develop industrialists that would acquire ownership and management of the industries.
Article 100. Strategy and Priority Areas
For the purposes of Article 99 of this Treaty, the Member States undertake to formulate an industrial strategy aimed at:
(a) the promotion of linkages among industries through specialisation and complementarity, paying due regard to comparative advantage in order to enhance the spread effects of industrial growth and to facilitate the transfer of technology;
(b) the facilitation of the development of:
(i) small-and-medium scale industries including sub-contracting and other relations between larger and smaller firms;
(ii) basic capital and intermediate goods industries for the purposes of obtaining the advantages of economies of scale;
(iii) food and agro industries;
(c) the rational and full use of established industries so as to promote efficiency in production;
(d) the promotion of industrial research and development, the transfer, adaptation and development of technology, training, management and consultancy services through the establishment of joint industrial support institutions and other infrastructural facilities;
(e) the promotion of the linkage between the industrial sector and other sectors of the economies such as agriculture, transport, communications and other sectors;
(f) the granting of investment incentives to industries particularly those that use local materials and labour;
(g) the dissemination and exchange of industrial and technological information;
(h) the improvement in the investment climate for both national and foreign investors and the encouragement of national savings and the re-investment of surpluses;
(i) the development of human resources including training and the development of indigenous entrepreneurs and industrialists for sustained industrial growth;
(j) the increased participation of the private sector in project development, promotion and implementation;
(k) the rehabilitation, maintenance and upgrading of agro-industries and the metallurgical, engineering, chemical and building materials industries;
(l) the development and promotion of integrated inter-State resource-based core and basic industries; (m) the promotion of multinational projects with the aim of increasing added value to raw materials in the Member States for export; and (n) the joint exploitation and utilisation of shared resources.
Article 101. Multinational Industrial Enterprises
1. The Member States shall promote and encourage the establishment of multinational industrial enterprises in accordance with the laws in force in the Member States in which such enterprises shall be established, having due regard to the economic conditions and priorities of the particular Member States concerned.
2. The Member States concerned shall determine:
(a) the conditions and priorities that shall govern multinational industrial enterprises that:
(i) require the combined markets of more than one Member State to be profitable and which require for their consumption large quantities of the natural resources or raw materials of the Member States which are either exported to third countries or are unused;
(ii) require for their establishment and operation, large sums of money;
(iii) lead to the earning or saving of substantial amounts of foreign exchange;
(iv) through their activities, enhance the development or acquisition of modern technology, managerial and marketing experience; and
(v) through their activities, provide substantial employment or reduce unemployment within the territories of the Member States;
(b) the guidelines relating to the establishment and operation of multinational industrial enterprises which shall include:
(i) the location of multinational industrial enterprises and the criteria to be applied in that respect;
(ii) repatriation of funds;
(iii) regulations regarding ownership and management by the Member States in a multinational industrial enterprise; and
(iv) any other matter designed to ensure the attainment of the objectives of this Chapter.
3. For the purposes of paragraph 2 of this Article, the Member States may take into account any recommendations that the Sectoral Ministerial Meeting on Industry, may make for the purpose of assisting in the co-ordination of and the provision of advice on the process of establishing multinational industrial enterprises in the Member States.
4. The Member States agree that in order to provide a comprehensive inventory of raw materials required by multinational industrial enterprises, they shall give consideration to the desirability of making an inventory of their potential natural resources.
Article 102. Industrial Manpower Development, Training, Management and Consultancy Services
1. The Member States shall take appropriate measures to establish, where necessary, joint training institutions and programmes, to share available national institutions and use African training institutions to meet the requirements for the training of skilled manpower for their industrial and technological development.
2. The Member States shall diligently endeavour to develop and make maximum use of their national entrepreneurs and technical managerial and marketing manpower and other human resources to promote and accelerate the process of their industrialization.
3. The Member States undertake to encourage the development and the use, as much as possible, of national industrial management and consultancy services in their industrial development and shall also use as much as practicable the services of any appropriate African institution for industrial management and consultancy services.
Article 103. Industrial Research and Development and the Acquisition of Modern Technology
1. The Member States shall share and make the best use of existing and future industrial and scientific research institutions, facilities and technical know-how. The institutions referred to herein include the Leather and Leather Products Institute and the Metallurgical Technology Centre.
2. The Member States shall endeavour to adopt a common approach to and determine the terms and conditions governing the transfer or adaptation and development of technology.
3. The Member States shall endeavour to co-ordinate their efforts and consult each other in matters relating to industrial property.
Article 104. Exchange of Industrial and Technological Information
1. The Member States shall exchange information on:
(a) the production of and requirements for capital, intermediate and consumer goods;
(b) the availability of facilities for industrial manpower development and training;
(c) legislation and regulations concerning investment from third countries and related incentives;
(d) legislation on patents, trade marks and designs; and
(e) industrial investment opportunities, processes, technology and related information.
2. The Member States undertake to communicate to each other and exchange any information acquired as a result of industrial research, engineering and technological adaptation or innovation and managerial and marketing experience.
3. The Member States shall disseminate and exchange any other information or documents deemed necessary by the Sectoral Ministerial Meeting on Industry.
4. Notwithstanding the provisions of paragraphs 1, 2 and 3 of this Article, a Member State may withhold classified documents.
5. The Member States undertake to strengthen their capability to compile, disseminate and absorb industrial information.
6. The Member States agree that the provisions of this Article shall not apply where the communication of the information in question is prohibited under an agreement concluded before the entry into force of this Treaty, between a Member State and another party.
Article 105. Mechanism for the Promotion of Industrial Development
1. The Member States shall establish a centre for the promotion of industrial development, referred to in this Chapter as "the Centre", as an institution of the Common Market whose constitution shall be determined by the Council.
2. The objectives of the Centre shall be to:
(a) promote co-operation in industrial development among the Member States;
(b) assist the Member States to establish or strengthen national industrial development institutions; (c) assist in the training and development of various categories of industrial skills including management and marketing;
(d) organize and maintain a data bank for industrial information;
(e) assist in the development of common standards and quality control in accordance with the provisions of Chapter Fifteen of this Treaty; and
(f) co-operate with the national industrial development institutions of the Member States and with African regional institutions for industrial development.
3. The functions of the Centre shall include:
(a) the undertaking of industrial surveys, project identification and prefeasibility studies;
(b) the provision of advisory services for industrial development with particular reference to multinational enterprises;
(c) working closely and exchanging information with the trade and investment promotion centers in the Member States; and
(d) any other function that the Council, on the recommendation of the Sectoral Ministerial Meeting on Industry, may assign to it.
Chapter Thirteen. Co-operation In the Development of Energy
Article 106. Scope of Co-operation
1. The Member States recognise that a secure supply of energy at competitive prices is a precondition for economic development and that to ensure competitively priced supplies of energy to all the Member States requires both the development of local or renewable energy resources and the rational management of existing resources.
2. For the purposes of paragraph 1 of this Article, the Member States undertake to co-operate in the joint development and utilisation of energy resources including hydro, fossil and bio-mass and shall, in particular, co-operate in the:
(a) joint exploration and exploitation of hydro and fossil fuel;
(b) creation of more favourable investment climate to encourage public and private investment in this sub-sector;
(c) encouragement of joint utilisation of training and research utilities;
(d) exchange of information on energy systems and investment opportunities; and (e) development of research programmes on renewable energy systems.
Article 107. Trade In Energy Resources
1. The Member States agree to develop a mechanism for facilitating trade in energy fuels, such as coal, natural gas, petroleum and electricity.
2. For the purposes of paragraph 1 of this Article, the Member States agree to co-operate in:
(a) joint procurement of products; and
(b) interconnecting national electricity grids.
Article 108. Efficient Use of Energy In Transport
The Member States shall develop a common strategy in the more efficient use of energy in the transport sector such as the use of fuel efficient vehicles, the diversion of traffic to energy saving transport systems such as railways and water transport, the use of buses and urban mass transport facilities and the mixing of any imported fuel with local substitutes.
Article 109. International Agreements
The Member States undertake to accede to international agreements that are designed to improve the management of energy resources, develop new renewable energy resources and coordinate the exchange of information on energy resources.
Chapter Fourteen. Co-operation In Health Matters
Article 110. Scope of Co-operation
1. The Member States agree to undertake concerted measures to co-operate in health through:
(a) the control of pandemics or epidemics, communicable and vector borne diseases that might endanger the health and welfare of citizens of the Common Market;
(b) the facilitation of movement of pharmaceuticals within the Common Market and control of their quality;
(c) joint action in the prevention of drug trafficking;
(d) the training of manpower to deliver effective health care; and
(e) the exchange of research, development and information on health issues.
2. For the purposes of paragraph 1 of this Article, the Member States undertake to:
(a) devise and implement systems to ensure that pharmaceuticals entering the Common Market from third countries, produced in the Common Market or moving within the Common Market conform to internationally acceptable standards in terms of quality and therapeutic value;
(b) evolve mechanisms for joint action in combating outbreak of epidemics such as aids, cholera, malaria, hepatitis and yellow fever as well as co-operation in facilitating mass immunization and other public health community campaigns;
(c) designate national hospitals to be Common Market referral hospitals;
(d) develop a national drug policy which would include establishing quality control capacities, national formularies and good procurement practices;
(e) harmonise drug registration procedures so as to achieve good control of pharmaceutical standards without impeding or obstructing the movement of pharmaceuticals within the Common Market;
(f) accord each other mutual recognition of drugs registered in the Common Market;
(g) encourage research and development on drugs and medicinal plants;
(h) co-operate, within the framework of co-operation in industrial development, in the local production of pharmaceutical products;
(i) apply the World Health Organisation Certification on the quality of pharmaceutical products dealt with in international trade; and
(j) establish an audit team to assist local pharmaceutical industries to produce high quality products that are safe, effective and free from harmful side effects and to assist the Member States in controlling the standards of pharmaceuticals manufactured within their territories in conformity with the WHO Certification.
Article 111. Illicit Drug Trafficking and Use of Banned Ingredients
The Member States agree to develop a common approach through the education of the general public and in collaboration with their law enforcement agencies in controlling and eradicating illicit drug trafficking and the use of harmful or banned ingredients in drugs.