Title V. MISCELLANEOUS PROVISIONS
Miscellaneous provisions "Chapter I: the admission of new members and associate members
Chapter I. ADMISSION OF NEW MEMBER STATES AND ASSOCIATE MEMBERS
Article 103.
Any West African State may apply to become a member of the Union. it shall submit its request to the Conference of Heads of State and Government which shall decide on the basis of a report by the Commission. the conditions of accession and the adjustments that it has produced of this Treaty shall be the subject of an agreement between the Member States and the applicant State.
This agreement is subject to ratification by the Member States in accordance with their respective constitutional requirements.
However, if the accession does not involve adaptations of a purely technical nature, the Agreement shall be approved by the Conference of Heads of State and Government.
Article 104.
Any African State may request to participate in one or more union policies as associate member.
The terms of any such association shall be the subject of an agreement between the requesting State and the Union.
The Agreement shall be determined by the Conference of Heads of State and Government. page 27
Article 105.
The working language of the Union shall be French. The Conference of Heads of State and Government may add other working languages.
Chapter II. THE REVISION AND DENUNCIATION OF THE TREATY OF THE UNION
Article 106.
Any member State or the Commission may submit to the Conference of Heads of State and Government of the proposals for revision of this Treaty.
Modifications approved by the Conference of Heads of State and Government shall enter into force after having been ratified by all Member States in accordance with their respective constitutional requirements.
Article 107.
This treaty may be denounced by all Member States.
Unless special provisions adopted by the Conference of Heads of State and Government, it shall cease to have effect in respect of the State in question on the last day of the sixth month after the date of receipt of the notification by the depositary.
In the event of termination, the Conference of Heads of State and Government provided by means of Act additional adjustments to the provisions of this Treaty arising from this denunciation.
"Transitional and Final Provisions Chapter I: the establishment of bodies of the Union
Title VI. TRANSITIONAL AND FINAL PROVISIONS
Chapter I. THE SETTING UP OF THE UNION'S BODIES
Article 108.
During the first session of the Council following the entry into force of this Treaty, the Constitution of the Commission.
The Commission shall enter depending upon its creation.
Article 109.
The Court of Justice is lodged within a period of six (6) months after the entry into force of this Treaty. the Court of Justice between depending upon the appointment of its members. it shall adopt its rules of procedure within three (3) months from the date of its entry into force. the time limits for the submission of an appeal runs from the date of publication of this regulation.
Article 110.
The first financial period from the date of entry into force of the Treaty until 31 December following. however, this process lasts until 31 December of the year following the date of entry into force of the treaty, whichever is during the second half.
Pending the adoption of the Staff Regulations of officials and other servants of the Union, the necessary staff shall be recruited by the Commission finds that Effect of fixed-term contracts.
Article 111.
The Conference of Heads of State and Government shall determine the headquarters of the Commission to the Court of Justice and the Court of Auditors.
Chapter II. THE REVISION OF THE UMOA TREATY
Article 112.
In a timely manner, the Conference of Heads of State and Government will adopt a treaty the merging of the UEMOA Treaty and the present Treaty.
Pending the merger of the UEMOA, the Treaty shall be amended in accordance with the provisions of articles 113 to 115 below.
Article 113.
1) Article 1
"The West African Monetary Union established between the States Parties to this Treaty is characterized by the recognition of a common currency which is responsible for issuing a common supporting the national economies, under the control of Governments, in accordance with the terms set out below."
Is supplemented by:
"the Treaty Establishing the African Economic and Monetary Union (WAEMU) is supplemented by the Treaty Establishing the African Economic and Monetary Union (UEMOA), hereinafter referred to as the Treaty of WAEMU".
2) Article 2, paragraph 2
"the arrangements for its accession shall be determined by agreement between the Government and the Governments of the member States of the European Union on the proposal of the Council of Ministers established under Title III below."
Shall read as follows:
"the modalities for the admission shall be adopted in accordance with the procedure laid down in article 103 of the Treaty of WAEMU".
3) Article 4
"the Signatory States undertake, subject to automatic exclusion of the Union, to comply with the provisions of this Treaty and of acts adopted for its implementation, including with regard to:
1. The rules for the issuance,
2. The centralization of monetary reserves;
3. The free movement and freedom of signs of monetary transfers between States
The European Union,
4. The provisions of articles below.
"The Conference of Heads of State of the Union finds by unanimity of the Heads of State of the other members of the union thereof, the withdrawal of a State did not comply with the above commitments. the Council of Ministers draw the consequences as may be required to preserve the interests of the Union."
Shall read as follows:
"Member States to undertake the automatic exclusion of the Union, to comply with the provisions of this Treaty, of the Treaty on European Union and the texts implementing them, including with regard to:
i) The rules for the issuance,
ii) The centralization of monetary reserves;
iii) The free movement and freedom of signs of monetary transfers between States
The European Union,
(IV) The provisions of articles below.
In accordance with the procedure laid down in article 6 of the Additional Protocol I No the Court of Justice of the European Union has jurisdiction over the failure of Member States with their obligations under the Treaty of the Union."
If the Member State which has not fulfilled its obligations has not carried out in response to the invitation referred to in article 6 of this Protocol, the Conference of Heads of State and Government mentioned unanimity of Heads of State and Government of the other member States of the Union, the withdrawal of that State. article 107 (3) of the Treaty of WAEMU shall apply mutatis mutandis.
Furthermore, the Council acting unanimously may take such measures as may be required to preserve the interests of the Union.
Article 114.
Article 5
"the heads of the Union member States of the Conference is the highest authority of the Union.
The Conference of Heads of State decides to the accession of new Members, notes the withdrawal and exclusion of members of the European Union and shall fix the headquarters of the Institute of issuance.
The Conference of Heads of State shall decide on any matter unable to find a solution by unanimous agreement of the Council of Ministers of the union and shall in its decision.
The decisions of the Conference, hereinafter referred to as "acts of the Conference shall be taken by consensus.
The Conference Headquarters during a calendar year in each of the member States of the Union alternately in alphabetical order of their appointment.
It shall meet at least once a year or as often as necessary, on the initiative of its Chairman or at the request of one or more of the Heads of State of the Union.
The Chair of the Conference shall be provided by the head of the Member State in which the Conference.
The Chair shall fix the date and venue of meetings and adopt the agenda of work.
In case of emergency, he or she may consult at home other Heads of State of the Union "by a written procedure.
Is supplemented by the following subparagraph:
"the President of the Commission, the Governor of the Central Bank and the Chairman of the BOAD may attend the meetings of the Conference of Heads of State and Government to express their views on the agenda items" affecting them.
Article 115.
1) Article 7, last subparagraph
"for the performance of its duties, the President of the Council of Ministers may obtain information and the assistance of the Central Bank Union. it shall provide for the organization of meetings of the Council of Ministers and its secretariat.
Shall be amended as follows:
"The Council may invite the Commission, BCEAO and BOAD to submit reports and to take any useful initiative to the achievement of the objectives of the Union. the Commission, BCEAO and BOAD shall provide for the organization of meetings of the Council of Ministers and its secretariat.
2) Article 8
The Governor of the Central Bank of the Union shall attend the meetings of the Council of Ministers. it may apply to be heard by the latter. it may be assisted by his staff which it considers necessary "assistance.
Shall read as follows:
"the President of the Commission or a member thereof as well as the Governor of the Central Bank and the Chairman of the BOAD shall be present at the meetings of the Council. they may apply to be heard by the latter. they may be assisted by their officials from which they consider necessary "assistance.
Chapter III. THE ENTRY INTO FORCE OF THE UEMOA TREATY
Article 116.
This Treaty shall be ratified by the High Contracting Parties in accordance with their respective constitutional requirements. the instruments of ratification shall be deposited with the Government of the Republic of Senegal.
This Treaty shall enter into force on the first day of the month following the deposit of its instrument of ratification of the signatory State who will be the last to fulfil that formality. however, if the application is less than fifteen (15) days before the beginning of the month following the entry into force of the treaty would be postponed until the first day of the second month following the date of such deposit.
Conclusion
In witness whereof, have affixed their signatures to this Treaty on 10 January 1994 for the Republic of Benin for the Republic of Mali
H.E. Nicéphore Dieudonné Soglo H.E. Alpha Oumar Konare
The President of the Republic
For Burkina Faso for the Republic of Niger H.E. President Mahamane Ousmane H.E. Blaise Compaore of Burkina Faso President of the Republic
For the Republic of Côte d'ivoire For the Republic of Senegal s E. danielkablan duncans.e. President Abdou Diouf Prime Minister of the Republic
For THE REPUBLIC OF TOGO
H.E. Mr. Joseph Kokou Koffigoh
Prime Minister page 32
The Conference of Heads of State and Government of the African Economic and Monetary Union (UEMOA):
Having regard to the Treaty establishing the WAEMU in articles 4, 16, 17, 18, 19, 58, 60, 76, 77, 78, 79, 80 and 100,
Recognizing the need to take into account the acquis of the African subregional organizations attended by the member countries of the Economic and Monetary Union,
Desirous of the free movement of goods in the territory of the Union and the elimination in trade between member States of customs duties and charges having equivalent effect and any other measures which might affect those transactions;
Desiring to promote exchanges within WAEMU,
Bearing in mind the recommendations of the Council of Ministers of WAEMU meeting on 22 December 1994 in Lomé, Togo,
On the proposal of the Council of Ministers on the basis of a report from the Commission shall adopt the Act which reads as follows:
A preliminary chapter I: definitions
Article premier.
For the purposes of this Act, the following definitions shall apply:
a) WAEMU West African Economic and Monetary Union:
b) Union: West African Economic and Monetary Union
c) Member State: any State that has signed and ratified the Treaty of the West African Economic and Monetary Union.
d) Preferential tax TPC community
e) Community solidarity levy: PCs
f) Entry duties: a set of customs duties and taxes with equivalent effect applicable to goods entering the territory of a Member State
g) Domestic taxes: all taxes applicable within the country, VAT and other excises
h) Exit duties: all customs duties applicable to goods when they leave the territory of a Member State of the Union.
Departure from the territory of a State Member of the Union.
Article 2.
This Act establishes a transitional preferential treatment to regulate trade among the member States of the Union, pending the establishment of the Preferential Tariff Scheme.
This Act covers:
- Trade liberalization within WAEMU;
- The rules of origin of WAEMU;
- The customs procedure applicable:
- The raw products
- The products of traditional handicrafts
- For industrial products originating approved
- For industrial products originating unauthorized
- The Solidarity Community levy scheme (PCs) and its allocation;
- Customs procedures governing the movement of goods within the Union;
- The promotion of trade in the products of the Member States within the Union and third country.
Title II. Trade Liberalization Within WAEMU
Article 3.
In trade between Member States, all quantitative restrictions, non-tariff barriers, prohibitions or other measures having equivalent effect on imports or exports of products originating or produced in the Member States shall be lifted.
Title III. THE RULE OF ORIGIN WITHIN THE UEMOA
Chapter I. LOCAL PRODUCTS
Article 4.
The following shall be considered as products originating in the member States of the Union, the mineral products of animal and plant, which has not undergone any industrial processing, namely:
a) Mineral products extracted from their soil or brought ashore coastlines;
b) Live animals born and raised there;
c) Vegetable products harvested there;
d) Practised hunting and fishery products in their territories;
e) The products taken from the Sea by vessels registered in a Member State and flying
The flag of that State or, alternatively recognized originating products;
f) Products from live animals raised there livestock and by-products minerals.
Article 5.
The above-mentioned products and by-products which without giving rise to an industrial processing, received a finishing intended to preserve them in good condition and facilitate the movement, shall retain the quality of raw products.