Article 32.
The deliberations of the Commission shall be taken by a majority of its members. in the case of shares, the Chairman shall have the casting vote.
Article 33.
The President of the Commission shall be appointed from among the members of the Conference of Heads of State and Government for a term of four (4) years and may be reappointed. the designation shall be effected in order to draw successively to the Chair of the Commission all Member States.
The President of the Commission shall determine the structure of the Commission services within the limit of the number of posts authorised by the Union Budget. it shall appoint to positions.
Article 34.
The Commission shall establish its rules of procedure.
Section II. Parliamentary Oversight Bodies
Article 35.
Pending the establishment of a Parliament of the Union, there shall be established a committee of the Inter-Parliamentary Union. it shall be composed of five (5) members by state, designated by the legislature of each Member State.
The Committee shall, through dialogue and debate, integration efforts of the Union in the fields covered by this Treaty.
It may express its views in the form of resolutions and reports. in particular, it shall review the annual report submitted to it by the Commission in accordance with article 36.
The Committee on its own initiative or at the request of the President of the Council and the Chairman of the Committee may be heard by the Panel.
The Chair of the Committee shall be chaired by the Member State which holds the presidency of the Conference of Heads of State and Government.
The Committee shall meet at least once a year.
The Committee shall adopt its rules of procedure.
Article 36.
The Committee shall report annually to the Commission on the functioning and development of the Union, in accordance with the provisions of article 26.
Article 37. The Committee Shall Be Consulted by the Conference for the Establishment of a Parliament
The Committee shall be consulted by the Conference with a view to the establishment of a Parliament of the Union.
The draft Treaty establishing the Parliament of the Union shall be proposed by the Committee to the Conference.
The Parliament will be responsible for the democratic control of the organs of the Union and will participate in the decision-making process of the Union.
Section III. Judicial Review Bodies
Article 38.
There shall be established at union level two judicial bodies for review referred to Court of Justice and the Court of Auditors.
The status, composition, skills and the rules of procedures and functioning of the Court of Justice and the Court of Auditors are set out in Protocol No 1.
Article 39.
The Additional Protocol I No forms an integral part of this Treaty.
Section IV. Advisory Bodies
Article 40.
There shall be established within the Union a consultative body called the Chambre Consulaire Regionale federations, consisting of the Member States and the details of which shall be determined by means of additional act of the Conference of Heads of State and Government.
Other advisory bodies may be established, as appropriate, by way of additional act of the Conference of Heads of State and Government.
Section V. Autonomous Specialized Institutions
Article 41.
The Central Bank of West African States (BCEAO) and the West African Development Bank (BOAD) are autonomous specialized agencies of the Union.
Without prejudice to the purposes for which they are established by the Treaty of the UEMOA, the Central Bank of West African States (BCEAO) and the West African Development Bank (BOAD) contribute independently to the achievement of the objectives of this Treaty.
The legal regime of "acts adopted by the organs
The Union
Chapter III. THE LEGAL REGIME OF THE ACTS TAKEN BY THE ORGANS OF THE UNION
Article 42.
In the performance of their tasks and under the conditions laid down in this treaty:
- The Conference takes supplementary acts, in accordance with the provisions of article 19.
- The Council shall establish regulations, directives and decisions; it may also
Make recommendations and / or advice;
- The Commission shall make regulations for the application of Council Acts and Decrees
Decisions; it may also make recommendations and / or advice.
Article 43.
Regulations have a general scope. they are binding in their entirety and directly applicable in all member States.
The Guidelines are binding on all Member States as to the result to be achieved.
Decisions shall be binding in their entirety to those to whom they designate.
Recommendations and opinions shall have no binding force.
Article 44.
Regulations, directives and decisions of the Council and the Commission shall be duly motivated.
Article 45. Chapter 12
Additional Acts, regulations, directives and decisions shall be published in the Official Gazette of the Union. they shall enter into force after publication on such date as they may determine.
The decisions shall be notified to their addressees and shall take effect from the date of notification.
Article 46.
The decisions of the Council or the Commission which shall bear the burden of persons other than States, a pecuniary obligation are enforceable.
Enforcement is governed by the Rules of Civil Procedure in force in the State in whose territory it takes place. the formula enforceable shall be made without further control than the verification of authenticity of the certificate by the National Authority, which the Government of each Member State shall designate for this purpose.
After the completion of these formalities, enforcement may be prosecuted by bringing the matter directly before the competent body in accordance with the national legislation.
Enforcement may be suspended only by a decision of the Court of Justice. however, the monitoring of the regularity of enforcement measures shall be subject to the jurisdiction of national courts.
Title III. THE UNION'S FINANCIAL REGIME
Chapter I. GENERAL PROVISIONS
Article 47.
The Council, acting by a two-thirds majority (2 / 3) of its members shall be taken by the Union budget on a proposal from the Commission before the beginning of the financial year.
The budget shall comprise all revenue and expenditure of the union institutions of this Treaty with the exception of specialized agencies of the autonomous central bank and the BOAD as well as those relating to the implementation of common policies.
The budget shall be in balance revenue and expenditure.
Article 48.
The Union shall have its own resources involved in the regular functioning.
Article 49.
The resources of the Union shall be subject to the principle of financial solidarity between Member States.
No State may invoke the equivalence between its financial contribution and benefit from the Union.
Article 50.
The Union does not comply with the Commitments of the central Government, local authorities, other public authorities, other bodies governed by public law or public undertakings of a Member State.
Article 51.
On a proposal from the Commission, the Council unanimously adopts the financial regulations specifying in particular the procedure for the formulation and implementation of the budget as well as the rules for the presentation and auditing.
The financial regulations establishing the rule of the authorising accounting officers and officers.
Article 52.
Prior to its submission to the Council, the draft budget is considered by the Committee of Experts referred to in article 25.
Article 53.
The financial year shall run from 1 January and ending on 31 December each year.
If the budget has not been adopted before the beginning of the financial year, monthly payments may be made within a maximum of one twelfth of appropriations in the budget of the previous financial year.
Chapter II. THE UNION'S RESOURCES
Article 54.
The resources of the Union are including a portion of the product of the common external tariff, and indirect taxes levied throughout the Union. these resources will be paid directly to the Union.
The union may have recourse to loans, grants and external aid consistent with its objectives.
Article 55.
A value added tax (VAT) of the Union shall be established and will replace the proportion of the total domestic production of indirect taxes referred to in article 54. where necessary, additional taxes may be taken by the Union.
Article 56.
Within two (2) years of the entry into force of this Treaty, the Council acting by a two-thirds majority (2 / 3) of its members and on a proposal from the Commission, shall adopt detailed rules for the application of articles 54 and 55, in accordance with the guidelines established by the Conference of Heads of State and Government by means of additional Act.
Article 57.
During the implementation phase of the system of own resources of the Union, which shall not exceed three (3) years from the date of entry into force of this Treaty, there shall be established by an additional act of the Conference of Heads of State and Government, a transitional arrangement whereby the start-up phase of the Union shall be provided by the Central Bank and the BOAD.
Chapter III. THE UNION'S INTERVENTIONS
Article 58.
The customs revenue losses suffered by certain Member States as a result of the establishment of the customs union shall be temporary special treatment.
This treatment shall include, during a transitional phase, an automatic financial compensation, packed for the progressive realization by the Member States concerned to a new tax base and a new structure of tax revenues.
The modalities of application of the transitional system of compensation shall be specified by means of additional Act.
Article 59.
In connection with the financing of a balanced development of the community; the EU Structural Funds may establish the conditions which shall be determined by means of additional act of the Conference of Heads of State and Government.
Title IV. ACTIONS OF THE UNION CHAPTER I: HARMONIZATION OF LEGISLATION
Chapter I. THE HARMONIZATION OF LEGISLATION
Article 60.
Within the framework of the guidelines referred to in article 8, the Conference of Heads of State and Government shall draw up guidelines for the harmonisation of the laws of the Member States. it identifies priority areas where, in accordance with the provisions of this Treaty, the approximation of the laws of the Member States is necessary in order to achieve the objectives of the Union. it shall also determine the goals in these areas and general principles.
In the discharge of their functions, the Conference takes into account progress in the approximation of laws of the States of the region within the framework of the Union.
Article 61.
The Council acting by a two-thirds majority (2 / 3) of its members, on a proposal from the Commission, shall adopt regulations or directives necessary for the implementation of the programmes referred to in article 60.
Chapter II. COMMON POLICIES
Section I. On Monetary Policy
Article 62.
The monetary policy of the Union shall be governed by the provisions of the Treaty on 14 November 1973 establishing the African Economic and Monetary Union (WAEMU) and subsequent legislation. without prejudice to the objectives assigned to them, it supports the economic integration of the Union.
Section II. On Economic Policy
Article 63.
Member States shall consider their economic policies as a matter of common concern and shall coordinate within the Council with a view to the achievement of the objectives set out in article 4 (b) of this Treaty. to this end, the Council shall establish a system of multilateral surveillance of economic policy of the Union under the modalities set out in articles 64-75.
Article 64.
On a proposal from the Commission, the Council shall decide on the broad guidelines of the economic policies of the Member States and Union through the recommendations adopted by a two-thirds majority (2 / 3) of its members.
These guidelines relating to economic objectives of the Member States and the Union, including the objectives:
- Sustained growth of the average income;
- Distribution of income;
- Sustainable balance of the current account;
- International competitiveness enhancement of the economies of the Union.
They shall also take into account the requirement of fiscal are compatible with the objectives of monetary policy, particularly that of price stability.
The Council shall inform the Parliamentary Committee of its recommendations.
Article 65.
1) In order to ensure sustainable convergence of their economic performance and to lay the foundations for sustainable growth, by Member States of economic policies which comply with the broad guidelines referred to in article 64 and the rules laid down in paragraph 3 below.
2) The Council, acting by a two-thirds majority (2 / 3) of its members, on a proposal from the Commission shall:
- Adopt additional rules required for the convergence of national economic policies and their consistency with the monetary policy of the Union;
- The rules contained in this article and their implementing rules
As well as the time frame for implementation;
- Lays down the reference values of the quantitative criteria relied upon the observation
Rules of convergence.
Under the Convergence rules adopted by the Council, any excessive deficit shall be eliminated and fiscal policies must abide by a Joint Disciplinary to support the efforts of multi-annual fiscal consolidation and improving the structure of revenue and expenditure.
3) Member States shall harmonize their tax policies, in accordance with the procedure laid down in articles 60 and 61, to reduce excessive disparities prevailing in the structure and the importance of their tax.
Member States shall notify the Central Bank and the commission of any change in their domestic and external debt.
The Central Bank and the Commission would assist the Member States which wish to enter into negotiations or in the management of their domestic and external debt.
Article 66.
The Council on a proposal from the Commission, shall examine the extent to which the price and income policies of the Member States and the actions of certain economic, social or professional groups have the potential to undermine the objectives of economic policy of the Union. it shall, if necessary, by a two-thirds majority (2 / 3) of its members and on a proposal from the Commission, recommendations and opinions. it shall inform the Committee and the advisory bodies of the Union.
Article 67.
1) The Union harmonises legislation and procedures to ensure in particular budgetary synchronization with the multilateral surveillance procedure of the Union.
In so doing, it shall ensure the harmonization of laws of Finance and Public Accounts, in particular the General Accounts and Public Accountants plans. it shall also be the harmonization of national accounts and data necessary for the performance of the multilateral surveillance, particularly for the standardization of the scope of the operations of the public sector and tables of financial transactions.
2) The Council shall adopt, by a two-thirds majority (2 / 3) of its members regulations and directives necessary for the implementation of the measures referred to in this article.
Article 68.
1) In order to ensure the reliability of financial information necessary for the organization of multilateral surveillance of fiscal, each member State shall, where appropriate, the provisions necessary to ensure that no later than one (1) year after the entry into force of this Treaty, all its accounts can be checked in accordance with procedures offering the guarantees of transparency and independence. such procedures shall include to certify the accuracy of the data contained in the initial finance remedial and laws and regulations.
2) Open procedures for this purpose at the choice of each Member State are:
- Recourse to review by the court of auditors of the Union;
- Establish a national court of auditors may have recourse to a
External audit system. the Court shall transmit its observations to the court of auditors of the Union.
3) Member States shall keep the Council and the Commission informed of the steps they have taken to comply immediately with the obligation. the Commission shall verify that the effectiveness of the procedures used are met.
4) The Council shall adopt, by a two-thirds majority (2 / 3) of its members the necessary regulations and directives for the implementation of these measures.
Article 69.
The Chairs of the accounts of the Member States and the members of the Court of Accounts of the Union shall meet at least once a year at the request of the President of the Court of Accounts of the State holding the Presidency of the Conference of Heads of State and Government, to undertake an assessment of the audit systems and the results of the checks carried out during the preceding financial year.