They shall establish a report accompanied, where appropriate, suggestions for improvement of control systems, including the harmonization of procedures and the establishment of common standards of control. this report shall rule on the conformity of the accounts submitted by the Member States of the Union in the budgetary and accounting rules, as well as their reliability. it shall be forwarded to the Council, the Commission and the Inter-Parliamentary Committee.
Article 70.
For the purpose of multilateral surveillance, Member States shall regularly forward to the Commission all necessary information, including statistical data and information on economic policy measures.
The Commission shall by decision of the nature of the information available to the transmission of the Member States. the authentic statistical data for the purpose of multilateral surveillance of the Union shall be those set by the Commission.
Article 71.
Where a Member State is facing serious economic and financial difficulties or is likely to deal with such difficulties due to exceptional events, the Council acting unanimously on a proposal from the Commission, may exempt, for a maximum period of six (6) months, that Member State in respect of all or part of the requirements set out in the framework of the multilateral surveillance procedure.
Then the Council, acting by a two-thirds majority (2 / 3) of its members, may submit to the Member State concerned guidelines on the measures to be implemented.
Before the expiry of the period of six (6) months referred to in paragraph 1, the Commission shall report to the Council on developments in the Member State concerned and on the implementation of directives made. on the basis of this report, the Council may decide unanimously on a proposal from the Commission to extend the period for exemption by establishing a new deadline.
Article 72.
1) Within the framework of the multilateral surveillance procedure, the Commission shall submit to the Council and make publicly available a half-yearly report. this report covers economic performance and policy convergence and compatibility with the monetary policy of the Union. it shall examine the proper implementation by Member States of recommendations made by the Council pursuant to articles 64 to 66. it shall take account of any adjustment programmes in force at the level of the Union and the Member States.
If a Member State does not satisfy the requirements referred to in the preceding paragraph, the Commission shall, in an annex to the report, proposals for guidance to it. they shall specify the corrective measures to be implemented. subject to paragraph 2 of this article, this annex shall not be made public.
2) The Council takes note of the performance report referred to in paragraph 1. it adopts by a two-thirds majority (2 / 3) of its members in this context the proposals made by the Commission. by way of derogation from article 22 of this Treaty, it has the power to amend them by a two-thirds majority (2 / 3) of its members. it shall inform the parliamentary committee.
If the Council has not been able to meet the conditions of majority required for the adoption of a directive after the first review, the Commission may make public its proposal.
Article 73.
The member State of destination of a directive issued by the Council within the framework of multilateral surveillance, prepared in consultation with the Commission and within thirty (30) days, a programme for corrective measures.
The Commission shall verify the compliance of the measures envisaged in the Council Directive and economic policy of the Union and includes any adjustment programmes in force.
Article 74.
The exercise of multilateral surveillance of the Union is based on the report of the Commission, any Council directives and any Opinion of the Inter-Parliamentary Committee pursuant to the procedures set out in article 72.
The Council may consolidate these procedures through the implementation of a range of specific measures, affirmative or negative, in the following manner:
a) The establishment, recognized by the commission of a recognized programme
In accordance with the terms of article 73, offers to the Member State concerned the benefit of positive measures which shall include:
- The issuance of a statement of the Commission;
- The support of the Union in the search for financing required for the implementation
The corrective measures in accordance with the provisions of article 75.
- Priority access to available resources of the Union.
b) If a Member State has not been able to draw up an amending programme within the time limit laid down in Article 73, or if the Commission has not recognised the conformity of the said programme with the Council Directive and the economic policy of the Union, or if the Commission finds that the amending programme has not been implemented or has been poorly implemented, it shall, as soon as possible, submit a report to the Council, together with any proposals for explicitly negative measures. It may make its report public.
c) Consideration of the reports and proposals for sanctions referred to in paragraph (b) shall be placed on the agenda of a Council meeting as of right at the request of the Commission.
The principle and nature of sanctions shall be the subject of separate deliberations. The deliberations of the Council shall be adopted by a two-thirds (2/3) majority of its members. Notwithstanding Article 22 of this Treaty, proposals for sanctions may be amended by the Council by a two-thirds (2/3) majority of its members.
The Council shall inform the Inter-Parliamentary Committee of the decisions taken.
d) Explicit sanctions that may be applied include the following range of graduated measures - the publication by the Council of a communiqué, possibly accompanied by additional information on the situation of the State concerned
- the withdrawal, publicly announced, of any positive measures from which the member state may have benefited
- the recommendation to BOAD to review its intervention policy in favor of the member state concerned
- the suspension of Union assistance to the Member State concerned.
By way of an additional act to this Treaty, the Assembly of Heads of State and Government may supplement this range of measures with additional provisions deemed necessary to strengthen the effectiveness of the Union's multilateral surveillance.
Article 75.
At the request of a Member State eligible for positive measures under Article 74(a), the Union shall assist in mobilising the additional resources needed to finance the corrective measures recommended. To this end, the Commission shall use all the means and authority at its disposal to support the Member State concerned in the consultations and negotiations required.
Section III. The Common Market
Paragraph 1: General provisions
Article 76.
In view of the institution of the common market in accordance with article 4 (c) of this Treaty, the Union continues to the progressive realization of the following objectives:
a) The Elimination on trade between member States of customs duties and quantitative restrictions on entry and exit charges having equivalent effect, and any other measures having equivalent effect which might affect those transactions, subject to compliance with the rules of origin of the Union as may be specified by way of Additional Protocol;
b) The establishment of a common external tariff (TEC);
c) The establishment of common rules on competition to public enterprises and private and public aid;
d) The implementation of the principles of freedom of movement of persons, and supply of services and the freedom of movement of capital required for the development of regional financial market;
e) The harmonisation and mutual recognition of standards and technical accreditation and certification procedures for the control of their comments.
Paragraph 2: the free movement of goods
Article 77.
With a view to the achievement of the objective set out in article 76 (a), Member States shall refrain from the entry into force of this Treaty.
a) Introducing new them any customs duties on imports and exports
And any charges having equivalent effect and increasing from those they apply in their mutual trade relations;
b) Introducing them new quantitative restrictions on exports or
Imports or equivalent measures having effect, as well as more restrictive quotas, standards and any other measures having equivalent effect.
In accordance with Article XXIV (5) (a) of the General Agreement on Tariffs and Trade (GATT), the Union shall ensure that the overall impact of tariffs and other regulations trade with third countries shall not be more restrictive than the provisions in force before the establishment of the Union.
Article 78.
On a proposal from the Commission, the Council acting by a two-thirds majority (2 / 3) of its members, determined in accordance with the provisions of Article 5 of this Treaty, the pace and modalities for elimination on trade between member States of customs duties and quantitative restrictions or any other measures having equivalent effect. it shall adopt the necessary regulations.
The Council shall take into account the impact of the unification of national markets on public economics and finance of Member States, creating compensation fund and development.
Article 79.
Subject to the measures for the harmonization of national legislation developed by the Union, Member States retain the right to establish and maintain prohibitions or restrictions on imports, exports and transit justified on grounds of public morality, public policy or public security; the protection of life and health of humans, animals and preservation of the environment, the protection of national treasures possessing artistic, historic or archaeological value or the protection of industrial and commercial property.
The prohibitions or restrictions applied in accordance with the preceding paragraph shall not be used as a means of arbitrary discrimination or a disguised restriction on trade between member States.
Member States shall notify the Commission of all restrictions maintained pursuant to paragraph 1 of this article. the Commission shall make an annual review of such restrictions with a view to proposing harmonization or their progressive elimination.
Article 80.
On a proposal from the Commission, the Council shall adopt by a two-thirds majority (2 / 3) of its members a blueprint on the harmonisation and mutual recognition of technical and sanitary requirements and procedures for licensing and certification in force in the member States.
Article 81.
The Council shall, on a proposal from the Commission and by a two-thirds majority (2 / 3) of its members, regulations necessary for the implementation of the scheme referred to in article 80.
Paragraph 3: trade policy
Article 82.
With a view to the achievement of the objectives set out in article 76, paragraphs (a) and (b) of this Treaty, the Council adopted by a two-thirds majority (2 / 3) of its members, on a proposal from the Commission shall:
a) Measures relating to the harmonisation of laws and regulations,
Member States' administrative necessary for the functioning of the Customs Union;
b) The regulations on the Common External Tariff (TEC);
c) The regulations laying down the conditions of trade policies with third States;
d) The arrangements applicable to raw products and handicrafts.
Article 83.
In achieving the objectives set out in article 76 of this Treaty, the Union shall respect the principles of the General Agreement on Tariffs and Trade (GATT) in preferential trade regime. it shall take account of the need to contribute to the harmonious development of intra-African world and to promote the development of productive capacities within the Union, protect the production of the Union against policies of dumping and subsidies from third countries.
Article 84.
The Union shall conclude international agreements within the framework of the Common Commercial Policy in the following manner:
- The Commission shall make recommendations to the Council which allows the majority of
, two thirds of its members to open the necessary negotiations;
- The Commission shall conduct these negotiations in consultation with a committee appointed by the
Council and within the framework of the guidelines issued by the Committee.
The agreements referred to in paragraph 1 shall be concluded by the Council acting by a two-thirds majority (2 / 3) of its members.
Article 85.
If the agreements referred to in article 84 shall be negotiated in international organisations in which the union representation is not own member States comply with their negotiating positions to the guidance provided by the Council by a two-thirds majority (2 / 3) of its members and on a proposal from the Commission.
Where the ongoing negotiations within international organizations of an economic nature might affect the operation of the common market but the powers of the Union and the Member States shall coordinate their negotiating positions.
Article 86.
The Council, acting by a two-thirds majority (2 / 3) of its members on a proposal from the Commission, laid down by regulation of the conditions under which Member States are authorised to take, by way of derogation from the general rules of the Customs Union and the Common Commercial Policy, protective measures designed to deal with serious difficulties in one or more sectors of their economies.
Safeguard measures adopted under the regulations adopted pursuant to the preceding paragraph shall not exceed a period of six (6) months and may be renewed. they should be authorised by the Commission, both in their duration and content, prior to their entry into force.
Article 87.
Member States shall refrain from concluding conventions. they are aligning as soon as possible, the existing conventions on the harmonization of the laws referred to in article 23 of the Protocol II, in accordance with the procedure laid down in articles 60 and 61.
Paragraph 4: competition rules
Article 88.
One (1) year after the entry into force of this Treaty, the following shall be prohibited as a matter of law:
a) The agreements, associations and concerted practices between undertakings which have as their object or
The effect of restriction or distortion of competition within the Union;
b) Any practices by one or more undertakings, constitute an abuse of position
Dominant in the common market or in a substantial part thereof;
c) Public aid to distort competition by favouring certain undertakings or the production of certain goods.
Article 89.
The Council, acting by a two-thirds majority (2 / 3) of its members and on a proposal from the Commission shall upon the entry into force of this Treaty by means of regulations, the necessary measures to facilitate the implementation of the prohibitions referred to in article 88.
It shall, in accordance with the procedure, the rules to be followed by the Commission in the exercise of powers conferred by article 90 and fines and penalties designed to penalize violations of prohibitions laid down in article 88.
It may also establish rules specifying the prohibitions laid down in article 88 or limited exceptions to these rules in order to take account of specific situations.
Article 90.
The Commission shall be responsible, under the supervision of the Court of Justice of the application of the competition rules laid down in articles 88 and 89. within the framework of this mission, it shall have the power to take decisions.
Paragraph 5: the free movement of persons, services and capital.
Article 91.
1) Subject to limitations justified on grounds of public policy, public security or public health, nationals of a Member State shall be throughout the Union of freedom of movement and residence means:
- The abolition of the Member States between nationals of any discrimination based on nationality, as regards research and employment, except for public service - the right to move and reside in the territory of the Member States;
- The right to reside in a Member State after having been employed.
2) The Council, acting by a two-thirds majority (2 / 3) of its members and on a proposal from the Commission shall upon the entry into force of this Treaty, by means of a regulation or directive, the necessary measures to facilitate the effective use of the rights referred to in paragraph 1.
3) In accordance with the procedure laid down in paragraph 2, the Council shall adopt rules:
a) Setting out the arrangements for members of the families of persons using
These rights;
b) In order to ensure that migrant workers and their successors of continuity
Enjoyment of benefits that may be available under successive periods of employment in the territory of all Member States;
c) Setting out the scope of the limitations justified on grounds of public policy, public security or public health.
Article 92.
1) The nationals of a Member State shall enjoy the right of establishment in the entire territory of the Union.
2) Shall be assimilated to nationals of the Member States; companies and legal persons constituted in accordance with the laws of a Member State and having their registered office, central administration or principal place of business within the Union.
3) The right of establishment shall include the right to take up and pursue activities as self-employed persons and the establishment and operation of companies, in accordance with the conditions prescribed under the laws of the country for establishment of its own nationals, subject to limitations justified on grounds of public policy, public security or public health.
4) The Council, acting by a two-thirds majority (2 / 3) of its members and on a proposal from the Commission shall upon the entry into force of this Treaty, by means of a regulation or directive, the necessary measures to facilitate the effective use of the right of establishment.
5) Article 91 (3) shall apply mutatis mutandis.
Article 93.
The nationals of each Member State may provide services in another Member State under the same conditions as those which that member State imposes on its own nationals, subject to limitations justified on grounds of public policy, public security or public health and without prejudice to the exceptions provided in this Treaty.
Article 91 (3) and article 92 (2) and (4) shall apply mutatis mutandis.
Article 94.
By way of derogation from articles 92 and 93 and subject to the harmonization of national legislation developed by the Union, Member States may maintain restrictions on the exercise by nationals of other Member States or by companies controlled by them, certain activities when such restrictions are justified on grounds of public policy, public security, public health or other reasons of public interest.
Member States shall notify the commission of any restrictions maintained in accordance with the provisions of the previous paragraph. the Commission shall make an annual review of such restrictions with a view to proposing harmonization or their progressive elimination.
Article 95.
In accordance with the procedure laid down in articles 60 and 61, the harmonization of national provisions regulating the exercise of certain economic activities or professions as well as the abolition of restrictions maintained pursuant to article 93, with a view to facilitating the development of the common market and in particular regional financial market.
Article 96.
Within the framework of this Treaty, restrictions on movement, within the Union, capital belonging to persons resident in the Member States shall be prohibited.
Article 97.
1) Article 96 shall not affect the right of Member States to
a) To take necessary measures to prevent infringements of their tax laws;
b) If possible, include provisions to strengthen the means of statistical information on capital movements;
c) Take measures which are justified on grounds of public policy or public security.
2) The free movement of capital relating to direct investments in companies as defined in article 92, paragraph 2 is without prejudice to the possibility of applying restrictions on the right of establishment consistent with the provisions of this Treaty.
3) The proceedings and measures referred to in paragraphs 1 and 2 shall not be used as a means of arbitrary discrimination or a disguised restriction on the free movement of capital as defined in article 96.
Article 98.
Without prejudice to the application of the Treaty of the UEMOA, the Council acting by a two-thirds majority (2 / 3) of its members on a proposal from the Commission shall upon the entry into force of this Treaty, by means of a regulation or directive, the necessary measures to facilitate the exercise of the actual use of the rights provided for in articles 96 and 97.
Article 99.
Upon the entry into force of this Treaty, the Member States shall not introduce any new restrictions on the Exercise of the rights provided for in articles 93 to 96. any restrictions may be maintained if it is a means of arbitrary discrimination or a disguised restriction on the exercise of such rights.
Article 100.
In order to achieve the objectives set out in article 76 of this Treaty, the Union shall take into account the results of the African subregional organizations attended by its member States.
Chapter III. SECTORAL POLICIES
Article 101.
As a complement to the joint Economic policies carried out at Union level, there shall be established a legal framework defining sectoral policies to be implemented by Member States.
These sectoral policies as set out and defined in the Protocol II.
Article 102.
The Additional Protocol II shall form an integral part of this Treaty.