Title
TREATY ESTABLISHING THE ECONOMIC COMMUNITY OF CENTRAL AFRICAN STATES (ECCAS)
Preamble
PREAMBLE
The President of the Peoples Republic of Angola,
The President of the Republic of Burundi,
The President of the United Republic of Cameroon,
The President of the Central African Republic,
The President of the Peoples Republic of the Congo,
The President of the Gabonese Republic,
The President of the Republic of Equatorial Guinea,
The President of the Rwandese Republic,
The President of the Democratic Republic of Sao Tome and Principe,
The President of the Republic of Chad,
The President of the Republic of Zaire,
Conscious of the need to promote the economic and social development of their States in order to improve the living standards of their peoples;
Recalling:
The aims expressed in the Charter of the Organization of African Unity,
The Declaration of African Cooperation, Development and Economic Independence adopted by the Tenth Assembly of Heads of State and Government of the Organization of African Unity (May 1973),
The Monrovia Declaration of Commitment (July 1979) on the guidelines to be observed and the measures to be taken to achieve national and collective self-reliance in the economic and social fields in order to initiate a new international economic order,
The Lagos Plan of Action and the Final Act of Lagos (April 1980), in particular the measures relating to the economic, social and cultural development of Africa and inter alia those relating to the establishment of sub-regional structures with a view to the gradual and progressive establishment of an African common market as a prelude to an African economic community,
Their solemn commitment in the Declaration of Libreville (December 1981) to do everything in their power to set up an Economic Community of Central African States;
Bearing in mind the principles of international law governing relationships between States, in particular the principles of sovereignty, equality and independence of all States, non-interference in their internal affairs and the principle of the rule of law in their mutual relations;
Convinced that efficient cooperation in large groups, backed up by a resolute and concerted policy, will foster the accelerated and harmonious economic development of their States;
Conscious that progress towards sub-regional economic cooperation can be achieved only by having regard to the situation and interests of every State;
Conscious of the different levels of development in the countries of the subregion, more particularly of the situation in countries which are landlocked, semi-landlocked, island or part-island and/or belong to the category of the least advanced countries;
Convinced that present forms of economic cooperation in the sub-region are decisive stages on the way to broader cooperation;
Recognizing that efforts at sub-regional cooperation should not conflict with or hamper similar efforts being made to foster wider cooperation in Africa;
Determined to lay the foundations for an enlarged sub-regional economic zone;
Undertaking to collaborate sincerely and effectively in pursuance of the aims defined by this Treaty inter alia by abstaining from any measures likely to jeopardize the achievements of such aims;
Resolved to make every effort and take the necessary steps to secure the enactment of such legislation as is necessary to implement the obligations arising from this Treaty of from the institutions of the Community;
Decide to establish an Economic Community of Central African States, and
HEREBY AGREE AS FOLLOWS:
Body
Chapter I. Definitions
Article 1. Definitions
In this Treaty:
a) Barter agreement means any agreement whereby articles are imported into a Member State and can be paid for in whole or in part by a direct exchange of goods;
b) Committee means any committee established under Article 26 of this Treaty or in pursuance thereof;
c) Commission means the Consultative Commission established under Article 23 of this Treaty;
d) Community means the Economic Community of Central African States established under Article 2 of this Treaty;
e) Conference means the meeting of Heads of State and Government of the Community convened under Article 8 of this Treaty;
f) Council means any meeting of ministers convened under Article 12 of this Treaty;
g) Court of Justice means the Court of Justice of the Community established under Article 16 of this Treaty;
h) Customs duties means the protective duties and charges having an equivalent effect levied on goods by virtue of their importation;
i) Fiscal charges on imports means the non-protective duties and charges having an equivalent effect levied on goods by virtue of their importation;
j) Export duties and taxes means the non-protective duties and charges having an equivalent effect levied on goods by virtue of their exportation;
k) Customs duties and taxes means all the duties and taxes defined above;
l) Member State means any Member State of the Community;
m) Third State means any State other than a Member State;
n) Fund means the Cooperation and Development Fund established under Article 75 of this Treaty;
o) Goods in transit means goods being conveyed between two Member States or between a Member State and a third State and passing through one or more Member States;
p) Person means a natural or legal person;
q) Intra-Community trade treatment means the advantages given to the goods mentioned in Article 30 (1) of this Treaty;
r) National of the Community means any natural person regarded as a citizen of a Member State in accordance with its laws; legal persons established under the existing legislation of a Member State shall be deemed to be natural persons provided that their head office is established in such a State and at least 35 per cent, the objective being to progressively attain at least 51 per cent of their equity is held be a Member State, nationals or public bodies of such a State.
s) Secretary-General means the Secretary-General of the Community as provided for under Article 19 of this Treaty;
t) General Secretariat means the General Secretariat of the Community as established under Article 19 of this Treaty;
u) Treaty means the Treaty establishing the Community.
Chapter II. Establishment, Principles, Aims, General Undertaking and Procedures
Article 2. Establishment of the Community
By this Treaty, the HIGH CONTRACTING PARTIES establish between themselves an Economic Community of Central African States (ECCAS) hereinafter referred to as the Community.
Article 3. Principles
By this Treaty, the HIGH CONTRACTIVE PARTIES undertake to observe the principles of international law governing relations between States, in particular the principles of sovereignty, equality and independence of all States, good neighbourliness, non-interference in their internal affairs, non-use of force to settle disputes and the respect of the rule of law in their mutual relations.
Article 4. Aims of the Community
1. It shall be the aim of the Community to promote and strengthen harmonious cooperation and balanced and self-sustained development in all fields of economic and social activity, particularly in the fields of industry, transport and communications, energy agriculture, natural resources, trade, customs, monetary and financial matters, human resources, tourism, education, further training, culture, science and technology and the movement of persons, in order to achieve collective self-reliance, raise the standard of living of its peoples, increase and maintain economic stability, foster close and peaceful relations between Member States and contribute to the progress and development of the African continent,
2. For the purposes set out in paragraph 1 of this Article and in accordance with the relevant provisions of this Treaty, the aims of the Community shall be as follows:
a) The elimination between Member States of customs duties and any other charges having an equivalent effect levied on imports and exports;
b) The abolition between Member States of quantitative restrictions and other trade barriers;
c) The establishment and maintenance of an external common customs tariff;
d) The establishment of a trade policy vis-a-vis third States;
e) The progressive abolition between Member States of obstacles to the free movement of persons, goods, services and capital and to the right of establishment;
f) The harmonization of national policies in order to promote Community activities, particularly in industry, transport and communications, energy, agriculture, natural resources, trade, currency and finance, human resources, tourism, education, culture, science and technology;
g) The establishment of a Cooperation and Development Fund;
h) The rapid development of States which are landlocked, semi-landlocked, island or part-island and/or belong to the category of the least advanced countries;
i) Any other join activities by Member States for achieving Community aims.
Article 5. General Undertaking
1. Member States shall direct their endeavours with a view to creating favourable conditions for the development of the Community and the achievement of its aims and the harmonization of their policies for the achievement of such aims through Community institutions. Member States shall refrain from any unilateral action likely to hinder such achievement.
2. Each Member State shall take all steps under its constitutional procedures to secure the enactment and publication of such legislation as is necessary to give effect to this Treaty.
Article 6. Procedures for Establishing the Community
1. The Economic Community of Central African States shall be progressively established over a period of twelve years subdivided into three four-year stages.
2. Each stage shall have allotted to it a set of actions to be initiated and carried through concurrently, as follows:
a) First stage: stability of the fiscal and customs regime existing at the date of entry into force of the Treaty, and the carrying out of studies to determine the timetable for the progressive removal of tariff and non-tariff barriers to intraCommunity trade; setting a timetable for increases or decreases in the customs tariffs of Member States with a view to the adoption of a common external tariff;
b) Second stage: creation of a free trade area (application of the timetable for the progressive elimination of tariff and non-tariff barriers to intra-Community trade);
c) Third stage: establishment of the customs union (adoption of the common external tariff).
3. Transition from one stage to another shall be subject to confirmation that the essential elements of the specific aims laid down by this Treaty or by the Conference have been achieved and undertakings observed. On a proposal from the Council, the Conference shall confirm that the aims allotted to a stage have been achieved and shall decide on the transition to the next stage.
4. The total duration of the stages may be increased or reduced only be virtue of a decision adopted by consensus. However, decisions taken shall not have the effect of reducing the transition period to ten years or increasing it to more than twenty years from the entry into force of this Treaty.
Chapter III. Institutions of the Community
Article 7. Institutions
1. The institutions of the Community shall be:
a) The Conference of Heads of State and Government;
b) The Council of Ministers;
c) The Court of Justice;
d) The General Secretariat;
e) The Consultative Commission;
f) Any specialized technical committee or organ set up or provided for by this Treaty.
2. The institutions of the Community shall perform their duties and act within the limits of the powers conferred on them by this Treaty.
Conference of Heads of State and Government
Article 8. Establishment and Composition
1. A Conference of Heads of State and Government of the Community is hereby established.
2. The Conference of Heads of State and Government shall be the supreme organ of the Community.
3. It shall be composed of the Heads of State and Government of Member States.
Article 9. Powers
1. The Conference shall be responsible for implementing the aims of the Community.
2. The Conference shall accordingly:
a) define the general policy and major guidelines of the Community and direct and harmonize the socio-economic policies of Member States;
b) take any action under this Treaty for achieving the aims of the Community;
c) oversee the functioning of Community institutions;
d) establish its rules of procedures and approve the rules of procedure of the Council of Ministers;
e) approve the organization chart of the General Secretariat of the Community;
f) appoint the Secretary-General, the Deputy-Secretaries-General, the Financial Controller and the Accountant;
g) determine the staff regulations of the General Secretariat;
h) appoint a Board of Auditors on the proposal of the Council of Ministers;
i) prepare the Community budget and determine the annual contribution of each Member State on the proposal of the Council of Ministers;
j) delegate to the Council of Ministers, if it wishes, the authority to take decisions and issue directives on matters within its competence;
k) refer a matter to the Court of Justice when it confirms by a two-thirds majority vote that a Member State has not met one or more of its obligations arising from this Treaty, from a decision or a directive of the Conference or from a regulation of the Council of Ministers;
l) request the Court of Justice, if it wishes, to give an advisory opinion on any legal question.
3. The Conference shall exercise any other powers granted to it under this Treaty.
4. The Conference shall be assisted by the Council of Ministers in the performance of its duties.
Article 10. Organization
1. The Conference shall meet once a year in regular session. A special session may be convened by its Chairman or at the request of a Member State provided that such a request is supported by two thirds of the Conference members.
2. The office of Chairman shall be held every year by one of the Head of State in the French alphabetical order of the Member States specified in this Treaty.
3. In the event of further States acceding to the Community, their Heads of State shall hold the office of Chairman of the Conference after that Member State, signatory to this Treaty, which is last in the said French alphabetical order.
Article 11. Decisions and Directives
1. The Conference shall act by decisions and directives.
2. Decisions shall be binding on the Member States and institutions of the Community, except for the Court of Justice. They shall become enforceable automatically in Member States Thirty (30) days after the date of their publication in the official journal of the Community.
3. Directives shall be binding on the institutions concerned, except for the Court of Justice. They shall come into force upon notification and shall be published in the official journal of the Community.
4. Unless otherwise specified in this Treaty, decisions and directives of the Conference shall be adopted by consensus.
Council of Ministers
Article 12. Establishment and Composition
1. A Council of Ministers of the Community is hereby established.
2. The Council of Ministers shall be composed of ministers responsible for economic development matters or of any other minister appointed for the purpose by each Member State.
Article 13. Powers
1. The Council shall be responsible for the functioning and development of the Community.
2. Accordingly, it shall:
a) make recommendations to the Conference on any action aimed at achieving the aims of the Community in the context of the general policy and major guidelines defined and adopted by the Conference;
b) guide the activities of the other subordinate institutions of the Community;
c) submit the draft budget of the Community to the Conference and propose to the Conference the annual contribution of each Member State;
d) propose the appointment of the Board of Auditors to the Conference;
e) prepare its rules of procedure and submit them to the Conference for approval;
f) exercise any powers granted to it under this Treaty and any powers that may be delegated to it by the Conference;
g) if it wishes, request the Court of Justice for an advisory opinion on any legal matter.
Article 14. Organization
1. The Council shall meet twice a year in regular session. One such session shall precede the regular session of the Conference. A special session may be convened by the Chairman of the Council or at the request of a Member State provided that two thirds of its members approve.
2. The office of Chairman shall be held by the minister of the Member State whose Head of State is the Chairman of the Conference.
Article 15. Regulations
1. The Council shall act by regulations.
2. Regulations shall be binding on the Member States and institutions concerned, except for the Court of Justice. They shall be enforceable automatically in Member States thirty (30) days after the date of their publication in the official journal of the Community. They shall become effective for the institutions concerned immediately upon notification.
3. Unless otherwise specified in this Treaty, regulations of the Council shall be adopted by consensus.
Court of Justice