(e) coordinate their positions in international negotiations in the area of maritime transport;
(f) encourage cooperation in flight-scheduling, leasing of aircraft and granting and joint use of fifth freedom rights to airlines of the region;
(g) promote the development of regional air transportation services and endeavour to bring about the merger of national airlines in order to promote their efficiency and profitability;
(h) facilitate the development of human resources through the harmonization and coordination of their national training programmes and policies in the area of transportation in general and air transport in particular;
(i) endeavour to standardize equipment used in transport and communications and establish common facilities for production, maintenance and repair.
2. Member States also undertake to encourage the establishment and promotion of joint ventures and Community enterprises and the participation of the private sector in the areas of transport and communications.
Article 33. Posts and Telecommunications
1. Tn the area of postal services, Member States undertake to:
(a) foster closer cooperation between their postal administrations;
(b) ensure, within the Community, efficient, speedier and. more frequent postal services;
(c) harmonize mail routing;
2. Tn the area of telecommunications, Member States shall:
(a) develop, modernize, coordinate and standardize their national telecommunications networks in order to provide reliable interconnection among Member States;
(b) complete, with despatch, the section of the pan-African telecommunications network situated in West Africa;
(c) coordinate their efforts with regard to the operation and maintenance of the West African portion of the pan-African telecommunications network and in the mobilization of national and international financial resources.
3. Member States also undertake to encourage the participation of the private sector in offering postal and telecommunications services, as a means of attaining the objectives set out in this Article.
Article 34. Tourism
For the purposes of ensuring the harmonious and viable development of tourism within the Community, Member States undertake to:
(a) strengthen regional cooperation in tourism, particularly through:
(i) the promotion of intra-Community tourism by facilitating movement of travellers and tourists;
(ii) the harmonization and coordination of tourism development policies, plans and programmes;
(iii) the harmonization of regulations governing tourism and hotel management activities;
(iv) the institution of a Community reference framework for tourism statistics; and
(v) the joint promotion of tourism products portraying the natural and sociocultural values of the region.
(b) promote the establishment of efficient tourism enterprises to cater for the needs of the peoples of the region and foreign tourists through:
(i) the adoption of measures aimed at promoting investment in tourism and hotel management,
(ii) the promotion of the establishment in Member States of professional tourism and hotel management associations;
(iii) the development and optimum utilization of human resources for tourism in the region; and
(iv) the strengthening or establishment of regional tourism training institutions where necessary.
(c) eliminate all discriminating measures and practices against Community citizens in the area of tourist and hotel services.
Chapter VIII. Cooperation In Trade, Customs, Taxation, Statistics, Money and Payments
Article 35. Liberalization of Trade
1. There shall be progressively established in the course of a period of ten (10) years effective from 1 January 1990 as stipulated in Article 54, a Customs Union among the Member States. Within this union, Customs duties or other charges with equivalent effect on Community originating imports shall be eliminated.
2. Quota, quantitative or like restrictions or prohibitions and administrative obstacles to trade among the Member States shall also be removed. Furthermore, a common external tariff in respect of all goods imported into the Member States from third countries shall be established and maintained.
Article 36. Customs Duties
1. Member States shall reduce and ultimately eliminate Customs duties and any other charges with equivalent effect except duties notified in accordance with Article 40 and other charges which fall within that Article, imposed on or in connection with the importation of goods which are eligible for Community tariff treatment in accordance with Article 38 of this Treaty. Any such duties or other charges are herein after referred to as "import duties".
2. Community-originating unprocessed goods and traditional handicraft products shall circulate within the region free of all import duties and quantitative restrictions. There shall be no compensation for loss of revenue resulting from the importation of these products.
3. Member States undertake to eliminate import duties on industrial goods which are eligible for preferential Community tariff treatment in accordance with the decisions of the Authority and Council relating to the liberalization of intra~Community trade in industrial products.
4. The Authority may at any time, on the recommendation of the Council, decide that any import duties shall be reduced more rapidly or eliminated earlier than stipulated in any previous instrument or decision. However, the Council shall, not later than one calendar year preceding the date in which such reductions or eliminations come into effect, examine whether such reductions or eliminations shall apply to some or all goods and in respect of some or all the Member States and shall report the result of such examination for the decision of the Authority.
Article 37. Common External Tariff
1. Member States agree to the gradual establishment of a common external tariff in respect of all goods imported into the Member States from third countries in accordance with a schedule to be recommended by the Trade, Customs, Taxation, Statistics, Money and Payments Commission.
2. Member States shall, in accordance with a schedule to be recommended by the Trade, Customs, Taxation, Statistics, Money and Payments Commission, abolish existing differences in their external Customs tariffs.
3. Member States undertake to apply the common Customs nomenclature and Customs statistical nomenclature adopted by Council.
Article 38. Community Tariff Treatment
1. For the purposes of this Treaty, goods shall be accepted as eligible for Community tariff treatment if they have been consigned to the territory of the importing Member States from the territory of another Member State and originate from the Community.
2. The rules governing products originating from the Community shall be as contained in the relevant Protocols and Decisions of the Community.
3. The Trade, Customs, Taxation, Statistics, Money and Payments Commission shall from time to time examine whether the rules referred to in paragraph 2 of this Article can be amended to make them simpler and more liberal. In order to ensure their smooth and equitable operation, the Council may from time to time amend them.
Article 39. Trade Deflection
1. For the purposes of this Article, trade is said to be deflected if,
(a) Imports of any particular product by a Member State from another Member State increase,
(i) as a result of the reduction or elimination of duties and charges on that product; and
(ii) because duties and charges levied by the exporting Member States on imports of raw materials used for manufacture of the product in question are lower than the corresponding duties and charges levied by the importing Member State; and
(b) this increase in imports causes or could cause serious injury to production which is carried on in the territory of the importing Member State.
2. The Council shall keep under review the question of trade deflection and its causes. It shall take such decisions as are necessary, in order to deal with the causes of this deflection.
3. In case of trade deflection to the detriment of a Member State resulting from the abusive reduction or elimination of duties and charges levied by another Member State, the Council shall study the question in order to arrive at a just solution.
2. The Council shall keep under review the question of trade deflection and its causes. It shall take such decisions as are necessary, in order to deal with the causes of this deflection.
Article 40. Fiscal Charges and Internal Taxation
1. Member States shall not apply directly or indirectly to imported goods from any Member State fiscal charges in excess of those applied to like domestic goods or otherwise impose such charges for the effective protection of domestic goods.
2. Member States shall eliminate all effective internal taxes or other internal charges that are made for the protection of domestic goods not later than four (4) years after the commencement of the trade liberalization scheme referred to in Article 54 of this Treaty. Where by virtue of obligations under an existing contract entered into by a Member State such a Member State is unable to comply with the provisions of this Article, the Member State shall duly notify the Council of this fact and shall not extend or renew such contract at its expiry.
3. Member States shall eliminate progressively all revenue duties designed to protect domestic goods not later than the end of the period for the application bf the trade liberalization scheme referred to in Article 54 of this Treaty.
4. Member States undertake to be bound by the consolidated import duties contained in the ECOWAS Customs Tariff for the purposes of trade liberalization within the Community. 5. Member States undertake to avoid double taxation of Community citizens and grant assistance to one another in combating international tax evasion. 6. The conditions and modalities for granting such assistance shall be as contained in a Double Taxation and Assistance Convention.
Article 41. Quantitative Restrictions on Community Goods
1. Except as may be provided for or permitted by this Treaty, Member States undertake to relax gradually and to remove over a maximum period of four (4) years after the launching of the trade liberalization scheme referred to in Article 54, all the then existing quota, quantitative or like restrictions or prohibitions which apply to the import into that State of goods originating in the other Member States and thereafter refrain from imposing any further restrictions or prohibitions. Whereby virtue of obligations under an existing contract entered into by a Member State such a Member State is unable to comply with the provisions of this Article, the member State shall duly notify Council of this fact and shall not extend or renew such contract at its expiry.
2. The Authority may at any time, on the recommendation of the Council decide that any quota, quantitative or like restrictions or prohibitions shall be relaxed more rapidly or removed earlier than agreed upon under paragraph 1 of this Article. 3. A Member State may, after having given notice to the Executive Secretary and the other Member States of its intention to do so, introduce or continue to execute restrictions or prohibitions affecting:
(a) the application of security laws and regulations;
(b) the control of arms, ammunition and other war equipment and military items;
(c) the protection of human, animal or plant health or life, or the protection of public morality;
(d) the transfer of gold, silver and precious and semi-precious stones;
(e) the protection of national artistic and cultural property;
(f) the control of narcotics, hazardous and toxic wastes, nuclear materials, radioactive; (g) products or any other material used in the development or exploitation of nuclear energy. 4. Member States shall not so exercise the right to introduce or continue to execute the restrictions or prohibitions referred to in paragraph 3 of this Article as to stultify the free movement of goods envisaged in paragraph 1 of this Article.
Article 42. Dumping
1. Member States undertake to prohibit the practice of dumping goods within the Community. 2, For the purposes of this Article, "dumping" means the transfer of goods originating in a Member State to another Member State for sale:
(a) at a price lower than the comparable price charged for similar goods in the Member States where such goods originate (due allowance being made for the differences in the conditions of sale or in taxation or for any other factors affecting the comparability of prices); and
(b) under circumstances likely to prejudice the production of similar goods in that Member State.
3. Tn the event of alleged dumping the importing Member State shall appeal to Council to resolve the matter.
4. Council shall consider the issue and take appropriate measures to determine the causes of the dumping.
Article 43. Most Favoured Nation Treatment
1. Member States Shall Accord to One Another In Relation to Trade between Them the Most Favoured Nation Treatment. In No Case Shall Tariff Concessions Granted to a Third Country by a Member State Be More Favourable Than Those Applicable Under this Treaty
2. Any agreement between a Member State and a third country under which tariff concessions are granted, shall not derogate from the obligations of that Member State under this Treaty.
3. Copies of such agreements referred to in paragraph 2 of this Article shall be transmitted by the Member States which are parties to them, to the Executive Secretariat of the Community.
Article 44. Internal Legislation
Member States undertake not to enact legislation and/or make regulations which directly or indirectly discriminate against the same or like products of another Member State.
Article 45. Re-Exportation of Goods and Transit Facilities
1. Where Customs duty has been charged and collected on any goods imported from third country into a Member State the re-exportation of such goods into another Member State shall be subject to the provisions of the Protocol relating to the re-exportation of goods within the Community.
2. Each Member State, in accordance with international regulations and the ECOWAS Convention relating to Inter-State Road Transit of Goods, shall grant full and unrestricted freedom of transit through its territory for goods proceeding to or from a third country indirectly through that territory to or from other Member States; and such transit shall not be subject to any discrimination, quantitative restrictions, duties or other charges.
3. Notwithstanding paragraph 2 of this Article, (a) goods in transit shall be subject to the Customs law; and (b) goods in transit shall be liable to the charges usually made for carriage and for any services which may be rendered, provided such charges are not discriminatory and are inconformity with international transit regulations.
4. Where goods are imported from a third country into one Member State, each of the other Member States shall be free to regulate the transfer to it of such goods whether by a system of licensing and controlling importers or by other means.
5. The provisions of paragraph 4 of this Article shall apply to goods which, under the provisions of Article 38 of this Treaty, fail to be accepted as originating in a Member State.
Article 46. Customs Cooperation and Administration
Member States shall in accordance with the advice of the Trade, Customs Taxation, Statistics, Money and Payments Commission and the provisions of the Convention for Mutual Administrative Assistance in Customs Matters, take appropriate measures to harmonize and standardize their Customs regulations and procedures to ensure the effective application of the provisions of this Chapter and to facilitate the movement of goods and services across their frontiers.
Article 47. Drawback
1. The procedure to determine the eligibility for Community tariff treatment of goods in relation to which drawback is claimed or made use of in connection with their exportation from the Member States in the territory of which the goods have undergone the last process of production, shall be the subject of an additional Protocol.
2. For the purposes of this Article:
(a) "drawback" means any arrangement, including temporary duty-free admission, for the refund of all or part of the duties applicable to imported raw materials, provided that the arrangement, expressly or in effect, allows such refund or remission if goods are exported but not if they are retained for home use;
(b) "remission" includes exemption from duties for goods imported into free ports, free zones or other places which have similar Customs privileges; and
(c) "duties" means Customs duties and any other charge, with equivalent effect imposed on imported goods, except the non-protective element in such duties or charges.
Article 48. Compensation for Loss of Revenue
1. The Council shall, on the report of the Executive Secretary and the recommendation of the Trade, Customs, Taxation, Statistics, Money and Payments Commission, determine the compensation to be paid to a Member State which has suffered loss of import duties as a result of the application of this Chapter.
2. The Council shall, in addition to compensation to be paid to Member States which suffer loss of revenue as a result of the application of this Chapter, recommend measures for promoting productive and export capacities of these countries so as to enable them to take full advantage of the benefits of trade liberalization.
3. The method of assessment of the loss of revenue and compensation shall be as stipulated in the Protocol on the Assessment of Loss of Revenue.
Article 49. Exceptions and Safeguard Clauses
1. In the Event of Serious Disturbances Occurring In the Economy of a Member State Following the Application of the Provisions of this Chapter, the Member State Concerned Shall, after Informing the Executive Secretary and the other Member States, Take the Necessary Safeguard Measures Pending the Approval of the Council
2. These measures shall remain in force for a maximum period of one year. They may not be extended beyond that period except with the approval of the Council.
3. The Council shall examine the method of application of these measures while they remain in force.
Article 50. Trade Promotion
1. Member States agree to undertake, through their public and private sectors, trade promotion activities such as:
(a) promotion of the use of local materials, intermediate goods and inputs, as well as finished products originating within the Community;
(b) participation in the periodic national fairs organised within the region, sectoral trade fairs, regional trade fairs and other similar activities;
2. At regional level, the Community shall undertake trade promotion activities which may include:
(a) organization, on a regular basis of an ECOWAS Trade Fair;
(b) harmonization of the programming of national trade fairs and similar events;
(c) establishment of an intra-Community trade information network;
(d) study of supply and demand patterns in Member States and dissemination of the findings thereon within the Community;
(e) promotion of the diversification of West African markets, and the marketing of Community products;
f) promotion of better terms of trade for West African commodities and improvement of access to international markets for Community products; and
(g) participation, where appropriate, in international negotiations within the framework of GATT and UNCTAD and other trade-related negotiating fora.
Article 51. Money, Finance and Payments
In order to promote monetary and financial integration, and facilitate intra-Community trade in goods and services and the realization of the Community's objective of establishing a monetary union, Member States undertake to:
(a) study monetary and financial developments in the region;
(b) harmonize their monetary, financial and payments policies;
(c) facilitate the liberalization of intra-regional payments transactions and, as an interim measure, ensure limited convertibility of currencies;
(d) promote the role of commercial banks in intra-community trade financing;
(e) improve the multilateral system for clearing of payments transactions between Member States, and introduce a credit and guarantee fund mechanism;
(f) take necessary measures to promote the activities of the West Africa Monetary Agency in order to ensure convertibility of currencies and creation of a single currency zone,
(g) establish a Community Central Bank and a common currency zone.
Article 52. Committee of West African Central Banks
1. There is hereby established a Committee of West African Central banks comprising the Governors of Central Banks of Member States. This Committee shall, in accordance with the provisions of this Treaty, prepare its own rules of procedure.
2. The Committee shall, from time to time, make recommendations to the Council on the operation of the clearing system of payments and other monetary issues within the Community.
Article 53. Movement of Capital and Capital Issues Committee
1. For the purpose of ensuring the free movement of capital between Member States in accordance with the objectives of this Treaty, there is hereby established a Capital Issues Committee which shall comprise one representative of each of the Member States and which shall, subject to the provisions of this Treaty, prepare its own rules of procedure.
2. Member States shall, in appointing their representatives referred to in paragraph 1 of this Article, designate persons with financial, commercial or banking experience and qualifications.
3. The Capital Issues Committee, in the performance of the duties assigned to it under paragraph 1 of this Article, shall:
(a) ensure the unimpeded flow of capital within the Community through:
(i) the removal of controls on the transfer of capital among the Member States in accordance with a timetable determined by Council;
(ii) the encouragement of the establishment of national and regional stock exchanges; and
(iii) the interlocking of capital markets and stock exchanges.
(b) ensure that nationals of a Member State are given the opportunity of acquiring stocks, shares and other securities or otherwise of investing in enterprises in the territories of other Member States;
(c) establish a machinery for the wide dissemination in the Member States of stock exchange quotations of each Member State;
(d) establish appropriate machinery for the regulation of the capital issues market to ensure its proper functioning and the protection of the investors therein.
Chapter IX. ESTABLISHMENT AND COMPLETION OF AN ECONOMIC AND MONETARY UNION
Article 54. Establishment of an Economic Union
1. Member States undertake to achieve the status of an economic union within a maximum period of fifteen (15) years following the commencement of the regional trade liberalization scheme, adopted by the Authority through its Decision A/DEC.1/9/83 of 20 May 1983 and launched on 1 January 1990.
2. Member States shall give priority to the role of the private sector and joint regional multinational enterprises in the regional economic integration process.
Article 55. Completion of Economic and Monetary Union
1. Member States undertake to complete within five (5) years following the creation of a Custom Union, the establishment of an economic and monetary union through:
(i) the adoption of a common policy in all fields of socio economic activity particularly agriculture, industry, transport, communications, energy and scientific research;
(ii) the total elimination of all obstacles to the free movement of people, goods, capital and services and the right of entry, residence and establishment;
(iii) the harmonization of monetary, financial and fiscal policies, the setting up of West African monetary union, the establishment of a single regional Central Bank and the creation of a single West African currency.
2. The Authority may at any time, on the recommendation of the Council, decide that any stage of the integration process shall be implemented more rapidly than otherwise provided for in this Treaty.
Chapter X. Cooperation In Political, Judicial and Legal Affairs, Regional Security and Immigration
Article 56. Political Affais
1. In Pursuit of the Integration Objectives of the Community, Member States Undertake to Cooperate on Political Matters, and in particular, to Take Appropriate Measures to Ensure Effective Application of the Provisions of this Treaty.
2. the Signatory States to the Protocol on Non-aggression the Protocol on Mutual Assistance on
Defence, the Community Declaration of Political Principles and the African Charter on Human and Peoples' Rights agree to cooperate for the purpose of realizing, the objectives of these instruments.
Article 57. Judicial and Legal Matters
1. Member States undertake to cooperate in judicial and legal matters with a view to harmonizing their judicial and legal systems.
2. The modalities for the implementation of this arrangement shall be the subject matter of a Protocol.
Article 58. Regional Security
1. Member States undertake to work to safeguard and consolidate relations conducive to the maintenance of peace, stability and security within the region.
2. In pursuit of these objectives, Member States undertake to cooperate with the Community in establishing and strengthening appropriate mechanisms for the timely prevention and resolution of intra-State and inter-State conflicts, paying particular regard to the need to:
(a) maintain periodic and regular consultations between national border administration authorities;
(b) establish local or national joint commissions to examine any problems encountered in relations between neighbouring States;
(c) encourage exchanges and cooperation between communities, townships and administrative regions;
(d) organize meetings between relevant ministries on various aspects of inter-State relations;