Chapter Fifteen. Standardisation and Quality Assurance
Article 112. Role of Standardisation and Quality Assurance
The Member States, recognising the importance of standardisation and quality assurance in the promotion of health, the enhancement of the standard of living, the rationalisation and reduction of unnecessary variety of products, the facilitation of interchangeability of products, the promotion of trade, consumer protection, the creation of savings in government purchasing, improved productivity, the facilitation of information exchange as well as in the protection of life, property, and the environment, agree to:
(a) evolve and apply a common policy with regard to the standardisation and quality assurance of goods produced and traded within the Common Market, the relationship of their national standards bodies with regional, international and other organisations concerned with standardisation and quality assurance and in the development of activities in standardisation and quality assurance for the achievement of the objectives of the Common Market;
(b) establish within their territories, national standards bodies, and develop their technical capacities so as to enable them to adequately carry out standardisation and quality assurance activities at the national level and to co-operate with other Member States;
(c) promote and enforce standards relating to public health and safety and the protection of the environment by applying appropriate standards for goods produced and traded within the Common Market; and
(d) recognise the African Regional Organization for Standardization as a leading cooperating partner in the implementation of appropriate provisions of this Chapter and agree to accede to the Agreement Establishing ARSO.
Article 113. Establishment of Standards
The Member States undertake to:
(a) apply uniform rules and procedures for the formulation of their national standards;
(b) adopt African regional standards and where these are unavailable, adopt suitable international standards for products traded in the Common Market;
(c) coordinate their views with regard to the selection, recognition, adaptation and application of regional and international standards in so far as the needs of the Common Market are concerned, and constantly endeavour to improve the standardisation of goods and services within the Common Market; and
(d) apply the principle of reference to standards in their national regulations, so as to facilitate the harmonisation of their technical regulations.
Article 114. Quality Assurance
The Member States shall:
(a) apply uniform standards and specifications for the inspection and testing of goods traded within the Common Market, so that the results may be more easily interpreted and coordinated in a uniform manner within the Common Market;
(b) adopt regionally acceptable quality management systems standards, and develop capacities for quality assurance of products traded in the Common Market;
(c) use harmonised documentation for the evaluation of the quality of goods traded in the Common Market; and
(d) in conjunction with customs and other relevant authorities, provide for the ease of movement of samples meant for testing within the Common Market.
Article 115. Certification and Laboratory Accreditation
The Member States shall:
(a) adopt and apply a harmonised scheme for the certification of goods manufactured and traded in the Common Market;
(b) adopt and apply a harmonised scheme for the accreditation of laboratories used for the evaluation of goods produced and traded in the Common Market; and
(c) adopt common rules and procedures for the certification marks to be applied on goods produced and traded in the Common Market and for the mutual recognition of each others national certification marks, as well as certification and laboratory accreditation schemes.
Article 116. Metrology
The Member States shall:
(a) adopt a harmonised system for legal, scientific and industrial metrology activities in the Member States and formulate modalities for the mutual recognition of calibration certificates issued by the national metrology laboratories of the Member States;
(b) promulgate national legal frameworks for legal metrology as well as the pre-packing and labelling of goods produced and traded in the Common Market;
(c) adopt and systematically apply a uniform system of labelling goods to be traded within the Common Market;
(d) agree to standardise all aids to the recognition and movement of goods and their containers such as labels and transit documents;
(e) apply safety codes for the handling and shipment of goods traded within the Common Market; and
(f) in conjunction with customs and other relevant authorities, provide for the ease of movement of metrology standards and equipment sent for calibration within the Common Market.
Article 117. Co-operation In Testing
The Member States undertake to encourage inter-laboratory comparison testing and mutual recognition of each others' accredited laboratories.
Article 118. Documentation and Information
The Member States agree to adopt compatible management systems for standardisation and quality assurance related documentation and information to facilitate easier exchange of information among themselves.
Article 119. Training In Standardisation and Quality Assurance
The Member States agree to:
(a) consult one another through the Secretariat concerning their common training needs in the field of standardisation and quality assurance;
(b) undertake to coordinate among themselves the use of existing facilities with a view to making them accessible to other Member States;
(c) establish, in conjunction with the African Regional Organization for Standardization, training programmes designed to meet the specific needs of the Common Market; and
(d) co-operate with the African Regional Organization for Standardization and through it with other international agencies concerned with standardization and quality assurance, in the implementation of training programmes established for the Common Market.
Article 120. Publicity of Standardisation Activities
The Member States shall endeavour to make the activity of standardisation and quality assurance known to all concerned through seminars, advertisements, publications, films, discussions, participation of the national standardisation institutions in trade fairs, special national awards and the creation of national quality associations within the Member States.
Article 121. Administrative Procedures
The Member States shall use harmonised documentation for the evaluation of the quality of goods for customs clearance for goods traded in the Common Market.
Chapter Sixteen. Co-operation In the Development of Natural Resources, Environment and Wildlife
Article 122. Scope and Principles of Co-operation
1. The Member States agree to take for their mutual benefit, concerted measures to foster cooperation in the joint and efficient management and sustainable utilisation of natural resources within the Common Market.
2. The Member States recognise that economic activity is often accompanied by environmental degradation, excessive depletion of resources and serious damage to natural heritage and that a clean as well as an attractive environment is a prerequisite for long-term economic growth.
3. The Member States undertake, through a regional conservation strategy, to co-operate and coordinate strategies for the protection and preservation of the environment against all forms of pollution including atmospheric and industrial pollution, pollution of the water resources, and pollution from urban development.
4. The Member States undertake to co-operate and adopt common policies for the control of hazardous waste, nuclear materials, radioactive materials and any other materials used in the development or exploitation of nuclear energy.
5. Action by the Common Market relating to the environment shall have the following objectives:
(a) to preserve, protect and improve the quality of the environment;
(b) to contribute towards protecting human health; and
(c) to ensure the prudent and rational utilisation of natural resources.
6. Action by the Common Market relating to the environment shall be based on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay. Environmental protection requirements shall be a component of the Common Market's policy in all the fields of Common Market activity.
Article 123. Co-operation In Management of Natural Resources
1. The Member States agree to take concerted measures to foster co-operation in the joint and efficient management and sustainable utilisation of natural resources within the Common Market for the mutual benefit of the Member States. In particular, the Member States shall:
(a) take necessary measures to conserve their natural resources;
(b) co-operate in the management of their natural resources for the preservation of the eco-systems and arrest environmental degradation; and
(c) adopt common regulations for the preservation of shared land, marine and forestry resources.
2. The Member States agree to take necessary measures to conserve and manage forests, through the:
(a) adoption of common policies for the conservation and management of natural forests, industrial plantations and nature reserves;
(b) exchange of information on natural forests and industrial plantations development and management;
(c) joint promotion of a common forestry practice within the Common Market;
(d) joint utilisation of forestry training and research facilities;
(e) adoption of common regulations for the preservation and management of all catchment forests within the Common Market; and
(f) the establishment of uniform regulations for the utilisation of forestry resources in order to reduce the depletion of the natural forests and avoid desertification within the Common Market.
3. The Member States shall take measures to engage in Api-Agro-Forestry Systems.
4. The Member States agree to co-operate in the management of their fresh water and marine resources, through the:
(a) establishment and adoption of common regulations for the better management and development of marine parks, reserves and controlled areas;
(b) adoption of common policies for the conservation, management and development of fisheries resources; and
(c) establishment of uniform fisheries investment guidelines for inland and marine waters.
5. The Member States undertake to accede to international conventions or agreements that are designed to improve the policies of development, management and protection of their natural resources.
Article 124. Co-operation In the Management of the Environment
1. The Member States undertake to co-operate in the management of the environment and agree to:
(a) develop a common environmental management policy that would preserve the ecosystems of the Member States, prevent, arrest and reverse the effects of environmental and industrial pollution, declining bio-diversity, loss of genetic diversity and land degradation;
(b) develop special environmental management strategies to manage forests, terrestrial and marine resources, water resources, atmospheric emissions, water and hazardous toxic substances;
(c) accede to the UNCED Agreements relating to the Conventions on climatic change and bio-diversity;
(d) accede to the UNEP Convention for Eastern and Southern Africa on water and marine resources; and
(e) take measures to control trans-boundary, air and water pollution arising from mining, fishing and agricultural activities.
2. For the purposes of paragraph 1 of this Article, the Member States undertake to:
(a) adopt common environmental control regulations, incentives and standards;
(b) develop capabilities for the assessment of all forms of environmental degradation and pollution and the formulation of regional solutions;
(c) encourage the manufacture and use of biodegradable pesticides, herbicides and packaging materials;
(d) discourage the excessive use of agricultural chemicals and fertilizers;
(e) adopt sound land management techniques for the control of soil erosion, desertification and bush encroachment;
(f) promote the use of ozone and environmental friendly chemicals;
(g) promote the utilisation and strengthen the facilities of training and research institutions within the Common Market;
(h) adopt common standards for the control of atmospheric industrial and water pollution arising from urban and industrial development activities;
(i) exchange information on atmospheric, industrial and other forms of pollution and conservation technology; (j) adopt common regulations for the management of shared natural resources;
(k) adopt measures and policies to address the existing unsatisfactory demographic profiles such as high growth rates and fertility rates, high dependency ratio and poor social conditions in order to mitigate their adverse impact on environment and development; and
(l) adopt community environmental management criteria.
Article 125. Prevention of Illegal International Trade In Toxic and Hazardous Wastes
1. The Member States undertake to co-operate and adopt common positions against illegal dumping of toxic and undesirable wastes within the Common Market from either a Member State or third country.
2. The Member States undertake to co-operate in sharing technological know-how on clean technologies and low-waste production systems for the energy and productive sectors.
3. The Member States undertake to accede to international environmental Conventions that are designed to improve the environmental policies and management. To this end, the Member States agree to accede to the Montreal Protocol on the Environment.
4. The Member States agree to include environmental management and conservation measures in trade, transport, agricultural, industrial, mining and tourism activities in the Common Market.
Article 126. Wildlife Development and Management
1. The Member States undertake to develop a collective and coordinated approach to sustainable development and management rational exploitation and utilisation and the protection of wildlife in the Common Market. In particular, the Member States shall:
(a) adopt common policies for the conservation of wildlife, natural reserves, national parks and marine parks;
(b) exchange information on wildlife development and management;
(c) exchange information on anti-poaching activities and suspected poachers and where feasible, carry out joint anti-poaching programmes;
(d) establish wildlife ranches in arid and semi-arid regions of the Common Market as a compliment to agricultural and livestock production;
(e) develop common anti-poaching regulations and ensure the effective supervision of the implementation of such regulations;
(f) carry out joint-breeding programmes of selected wildlife species and domesticated animals so as to infuse disease resistance and hardness qualities in the domesticated animals;
(g) encourage joint utilisation of training and research facilities;
(h) utilise proceeds from wildlife for the development and conservation of national parks and the development of adjacent areas; and
(i) establish uniform trophy hunting prices so as to reduce depletion of wildlife stocks in the Member States.
2. The Member States undertake to accede to international conventions or agreements that are designed to improve their policies for development, management and protection of wildlife and national parks.
Chapter Seventeen. Co-operation In the Development of Science and Technology
Article 127. Scope of Co-operation
Recognising the fundamental importance of science in socio-economic and cultural development and technological progress, the Member States agree to:
(a) build up basic scientific and technological research capabilities in their universities and technology centres by appropriate training of scientists, engineers, technologists so as to assure a critical mass while maintaining regional and international contact;
(b) build up at the same time expertise in conventional low and indigenous technologies emphasizing craftsmanship and fabrication techniques;
(c) effect appropriate reforms in primary, secondary and tertiary education in respect of science and technology;
(d) develop a comprehensive plan for the development of applied sciences related to agriculture, health, industry, energy, local materials and minerals, the environment, soil science, oceans, transport and communications;
(e) enhance the training of personnel for research and development in the areas of conventional technology and science-based high technology as the quickest way to produce wealth;
(f) allocate adequate resources on science and technology to the minimum of one per cent of GNP as recommended in the Lagos Plan of Action;
(g) liaise with the IAEA, UNESCO and UNIDO in basic science and the CGIAR Network and other recognised regional institutions for applied science and technology including training facilities; and
(h) ensure that research and development is closely inter-linked with production units to secure their integration with national development planning. In order to promote co-operation in science and technology development, the Member States agree
Article 128. Promotion of Science and Technology
In order to promote co-operation in science and technology development, the Member States agree to:
(a) jointly establish and support scientific and technological research and development institutions in the various disciplines including the strengthening of existing institutions;
(b) create a conducive environment for the promotion of science and technology, socio economic development and growth through the removal of impediments to pro- competitive collaboration in generic research and the swift transfer of technology and technical information from the government to the private sector;
(c) facilitate the access of the indigenous scientists, engineers and technologists to international literature and publications on science and technology and promote their contacts with the international fraternity in the various relevant disciplines;
(d) promote the exchange of expertise and research results and technical information sharing within the Common Market on science and technology and develop appropriate links and exchange programmes;
(e) jointly develop and implement suitable patent laws and industrial licensing systems for the protection of industrial property rights and encourage the effective use of technological information contained in patents;
(f) encourage the use of indigenous science and technologies where appropriate and provide incentives for the development of indigenous science and technologies;
(g) individually and collectively mobilise technical and financial support from the local and international organisations or agencies for the development of science and technology in the Common Market;
(h) collaborate in the training of personnel in the various scientific and technological disciplines at all levels using existing institutions where feasible;
(i) establish national centres for the commercialisation of research results and take appropriate political action to develop scientific enterprise through self-reliance and adequate allocation of resources;
(j) encourage collaboration in the establishment of innovative firms in biotechnology and energy generation including nuclear plants and in the production of scientific equipment; and
(k) to set up regional internship and technical assistance programmes to promote the free movement of scientists, engineers and technologists within the Common Market.
Chapter Eighteen. Co-operation In Agriculture and Rural Development
Article 129. Objectives of Co-operation In Agricultural Development
The overall objectives of co-operation in the agricultural sector are the achievement of regional food security and rational agricultural production within the Common Market. To this end, the Member States undertake to adopt a scheme for the rationalisation of agricultural production with a view to promoting complementarity and specialisation in and sustainability of national agricultural programmes in order to ensure:
(a) a common agricultural policy;
(b) regional food sufficiency;
(c) an increase in the productivity of crops, livestock, fisheries and forestry for domestic consumption, exports within and outside the Common Market and as inputs to agrobased industries; and
(d) replacement of imports on a regional basis;
Article 130. Co-operation In Agricultural Development
The Member States undertake to co-operate in specific fields of agriculture, including:
(a) the harmonisation of agricultural policies of the Member States with a view to having a common agricultural policy;
(b) research, extension and the exchange of technical information and experience;
(c) agro-meteorology and climatology;
(d) the production and supply of food-stuffs;
(e) the coordination of the export and import of agricultural commodities;
(f) the coordination of bulk purchases of imports of essential agricultural inputs;