Title
Convention of Association between the European Economic Community and the African and Malagasy States associated with that Community and Annexed Documents
Preamble
His Majesty the King of the Belgians,
The President of the Federal Republic of Germany,
The President of the French Republic,
The President of the Republic of Italy,
Her Royal Highness the Grand Duchess of Luxembourg, Her Majesty the Queen of the Netherlands,
Contracting Parties to the Treaty establishing the European Economic Community signed at Rome on 25 March 1957 and hereinafter designated « the Treaty », whose States are hereinafter referred to as « Member States »
and the Council of the European Economic Community of the first part, and
His Majesty the Mwami of Burundi,
The President of the Federal Republic of Cameroon,
The President of the Central African Republic,
The President of the Republic of Chad,
The President of the Republic of the Congo (Brazzaville),
The President of the Republic of the Congo (Léopoldville),
The President of the Republic of Dahomey,
The President of the Gabon Republic,
The President of the Republic of the Ivory Coast,
The President of the Republic of Madagascar,
The Head of State, President of the Council of the Government of the Republic of Mali,
The President of the Islamic Republic of Mauritania,
The President of the Republic of Niger,
The President of the Republic of Rwanda,
The President of the Republic of Senegal,
The President of the Republic of Somalia,
The President ef the Republic of Togo,
The President of the Republic of the Upper Volta,
whose States are hereinafter referred to as « Associated States » of the second part,
HAVING REGARD TO the Treaty establishing the European Economic Community,
REAFFIRMING accordingly their desire to maintain their Association,
WISHING to demonstrate their common desire for co-operation on the basis of complete equality and friendly relations, observing the principles of the United Nations Charter,
RESOLVED to develop economic relations between the Asso- ciated States and the Conmnunity,
DETERMINED to pursuc thcir efforts together with a view to the economic, social and cultural progress of their countries,
DESIROUS of furthering the industrialization of the Associated States and the diversification of their economies, with a view to enabling them to strengthen their economic independence and stability,
CONSCIOUS of the importance of devloping inter-African trade and co-operation as well as international economic relations,
HAVE DECIDED to conchide a new Convention of Association between the Community and the Associated States and to this end have designated as Plenipotentiarics :
HIS MAJESTY THE KING OF THE BELGIANS
Mr. Henri FAYAT, Minister, deputy to the Minister of Foreign Affairs
THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY
Mr. Walter SCHEEL, Minister of Co-operation
THE PRESIDENT OF THE FRENCH REPUBLIC
Mr. Raymond TRIBOULET, Minister of Co-operation
THE PRESIDENT OF THE REPUBLIC OF ITALY
Mr. Emilio COLOMBO, Minister of Finance
HER ROYAL HIGHNESS THE GRAND DUCHESS OF LUXEMBOURG
Mr. Eugéne SCHAUS, Minister of Foreign Affairs and of Foreign Trade
HER MAJESTY THE QUEEN OF THE NETHERLANDS
Mr. Joseph LUNS, Minister of Foreign Affairs
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY
Mr. Joseph LUNS, President of the Council of the E.E.C.
Mr. Walter HALLSTEIN, President of the Commission of of the E.E.C.
HIS MAJESTY THE MWAMI OF BURUNDI
Mr. Lorgio NIMUBONA, Minister of Foreign Affairs
THE PRESIDENT OF THE FEDERAL REPUBLIC OF CAMEROON
Mr. Victor KANGA, Minister af the National Economy
THE PRESIDENT OF THE CENTRAL AFRICAN REPUBLIC
Mr. Jean Christophe MACKPAYEN, Minister of Foreign Affairs
THE PRESIDENT OF THE REPUBLIC OF GHAD
Mr. Maurice NGANGTAR, Minister of Foreign Affairs
THE PRESIDENT OF THE REPUBLIC OF THE CONGO (BRAZZAVILLE)
Mr. Victor SATHOUD, Minister of Planning
THE PRESIDENT OF THE REPUBLIC OF THE CONGO (LEOPOLDVILLE)
Mr. Marcel LENGEMA, State Secretary, Ministry of Foreign Affairs
THE PRESIDENT OF THE REPUBLIC OF DAHOMEY
Mr. APLOGAN, State Secretary, Ministry of African Affairs
THE PRESIDENT OF THE REPUBLIC OF GABON
Mr. André-Gustave ANGUILE, Minister of State for Economic Affairs
THE PRESIDENT OF THE REPUBLIC OF THE IVORY COAST
Mr. Lambert AMON TANOH, Minister of National Education, Acting Minister of Finance
THE PRESIDENT OF THE REPUBLIC OF MADAGASCAR
Mr. Alfred RAMANGASOAVINA, Keeper of the Seals, Minister of Justice
THE HEAD OF STATE, PRESIDENT OF THE COUNCIL OF GOVERNMENT OF THE REPUBLIC OF MALI
Mr. Jean-Marie KONE, Minister of State for Planning
THE PRESIDENT OF THE ISLAMIC REPUBLIC OF MAURITANIA
Mr. Mohammed SIDI, Minister of Foreign Affairs
THE PRESIDENT OF THE REPUBLIC OF NIGER
Mr. Ikhia ZODI, Minister of African Affaires
THE PRESIDENT OF THE REPUBLIC OF RWANDA
Mr. Callixte HABAMENSHI, Minister of Farcigen Affairs
THE PRESIDENT OF THE REPUBLIC OF SENEGAL
Mr. Djime Momar GUEYE, Ambassador, Representative to the E.E.C.
THE PRESIDENT OF THE REPUBLIC OF SOMALIA
Mr. Ali Omar SCEGO, Ainbassador, Representative to the E.E.C.
THE PRESIDENT OF THE REPUBLIC OF TOGO
Mr. Jean AGBEMEGNAN, Ministre of Commerce and Industry
THE PRESIDENT OF THE REPUBLIC OF THE UPPER VOLTA
Mr. Moise TRAORE, Ministre of the National Economy
WHO, having exchanged their Full Powers, found in good and due form,
HAVE AGREED upon the following previsions :
Body
Title I. Trade
Article 1.
With a view to promoting an increase of trade between the Associated States and the Member States, strengthening their economic relations and the economic independence of the Assivo- ciated States and thereby contributing to the development of international trade, the High Contracting Parties have agreed upon the following provisions which shall regulate their mutual trade relations.
Chapter 1. Customs Duties and Quantitative Restrictions
Article 2.
1. Goods originating in Associated States shall, when imported into Member States, benefit from the progressive abolition of customs duties and charges having an effect equivalent to such duties, resulting between Member States under the provisions of Articles 12, 13, 14, 15 and 17 of the Treaty and the decisions which have been or may be adopted to accelerate the rate of achieving the aims of the Treaty.
2. Nevertheless, upon the entry into force of the Convention, Member States shall abolish the customs duties and charges having an effect equivalent to such duties which they apply to the goods originating in Associated States which are listed in the Annex to this Convention,
At the same time Member States shall apply the common customs tariff duties of the Community to imports of these goods from third countries.
3. Imports from third countries of unroasted coffee into the Benelux countries on the one hand, and of bananas into the Federal Republic of Germany on the other hand, shall be subject to the terms set out respectively, as to unroasted coffee, in the Protocol this day concluded between the Member States and, as to bananas, in the Protocel concluded on 25 March 1957 between the Member States and in the Declaration annexed to this Convention,
4. Application of the provisions of this Article shall not predetermine the treatment to be applied to certain agricultural products under the provisions of Article 11 of this Convention.
5. At the request of an Associated State, there shall be consuita- lious within the Association Council regarding the conditions of application of this Article.
Article 3.
1. Each Associated State shall accord identical tariff treatment to goods originating in any of the Member States ; Associated States not applying this rule on the entry into force of this Convention shall do so within the following six months.
2. In each Associated State goods originating in Member States shall benefit, under the terms set out in Protocol N° 1 annexed to this Convention, from the progressive abolition of customs duties and charges having an effect equivalent to such duties which that Associated State applies to imports of these goods into its territory. - :
Provided always that each Associated State may retain or introduce customs duties and charges having an effect equivalent to such duties which correspond to its development needs or its industrialization requirements or which are intended to contribute to its budget.
The customs duties and charges having an effect. equivalent to such duties levied by Associated States in accordance with the foregoing sub-paragraph, as also any alteration which they may make in these duties and charges under the provisions of Protocol N° 1, may not cither de jure or de facto give rise to any direct or indirect discrimination between Member States.
3. At the request of the Community and in accordance with the procedures laid down in Protocol Ne 1, there shall be consultations within the Association Council regarding the conditions of application of this Article.
Article 4.
1. Insofar as an Associated State levies export duties on exports of its products to Member States, these duties may not give rise, de jure or de facto, to any direct or indirect discrimination between Member States and may not be greater than those applied to products exported to the most favoured third country.
2. Without prejudice to the application of Article 13, paragraph 2 of this Convention, the Association Council shall take suitable measures if the application of such duties leads to serious disturbances in the conditions of competition,
Article 5.
1. With regard to the abolition of quantitative restrictions, Member States shall apply to imparts of goods originating in the Associated States the relevant provisions of the Treaty, and of the decisions which have been or may be adopted to accelerate the rate of achieving the aims of the Treaty, which they apply in their relations with each other.
2. At the request of an Associated State, there shall be consultations within the Association Council regarding the conditions of application of this Article.
Article 6.
1. Associated States shall, not later than four years after the entry into force of the Convention, abolish all quantitative restrictions on imports of goods originating in Member States and all measures having equivalent effect. This abolition shall be carried out progressively under the conditions set out in Protocol No. 2 annexed to this Convention.
2. Associated States shall refrain from introducing any new quantitative restrictions or measures having equivalent effect on imports of goods originating in Member States.
3. Should the measures provided for in Article 3 prove insufficient to meet their development needs and their industrialization requirements, or in the event of difficulties in their balance of payments, or, where agricultural products are concerned, in connection with the requirements arising from existing regional] market organizations, Associated States may, notwithstanding the provisions of the two foregoing paragraphs and subject to the terms of Protocol No. 2, retain or introduce quantitative restrictions on imports of goods originating in Member States.
4. Associated States in which imports come within the province of a State trading monopoly or of any body which, de jure or de facto, either directly or indirectly limits, controls, directs or influences them, shall take any steps necessary to attain the objectives defined in this Title and to abolish progressively any discrimination in conditions of supply and marketing of goods.
Without prejudice to the application of Article 7 below, foreign trade plans drawn up by the Associated States shal] not contain or bring about, de jure or de facto, any direct or indirect discrimination between Member States,
The Associated States concerned shall inform the Association Council of the steps taken to implement the provisions of this paragraph.
5. At the request of the Community, there shall be consultations within the Association Council regarding the conditions of application of this Article.
Article 7.
Without prejudice to the special provisions for border trade, the treatment that the Associated States apply by virtue of this Title to goods originating in Member States shall in no case be less favourable than that applied to goods originating in the most favoured third country.
Article 8.
This Convention shall not preclude the maintenance or establishment of customs unions or free-trade areas among Associated States,
Article 9.
This Convention shall not preclude the maintenance or establishment of customs union or free-trade arcas between onc or more Associated States and one or more third countries insofar as they neither are nor prove to be incompatible with the prin- ciples and provisions of the said Convention.
Article 10.
The provisions of the foregoing Articles 3, 4 and 6 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy, public security, the protection of human, animal or plant life or health, the protection of national treasures possessing artistic, historic or archaeological value, or the protection of industrial and commercial property. Provided always that such prohibitions or restrictions shall not be used as a means of arbitrary discrimination nor as a disguised restriction on trade.
Chapter 2. Provisions Concerning Certain Agricultural Products
Article 11.
When drawing up its common agricultural policy, the Community shall take the interests of the Associated States into consideration as regards products similar to and competitive with European products. The Community and the Associated States concerned shall consult together for this purpose.
The treatment applicable to imports into the Community of these products, if they have originated in the Associated States, shall be determined by the Community in the course of defining its common agricultural policy, after consultation within the Association Council.
Chapter 3. Provisions Concerning Commercial Policy
Article 12.
1. On matters of commercial policy, the Contracting Parties agree to keep each other informed and, should one of them so request, to consult together for the purpose of giving good effect to this Convention.
2. Such consultation shall bear on measures concerning trade with third countries if these measures are likely to harm the interests of one or more Contracting Parties, with particular reference to:
a) the suspension, alteration or abolition of customs duties,
b) the granting of tariff quotas at reduced or zero duties, other than the quotas referred to in Article 2, paragraph 3, above,
c) the introduction, reduction or abolition of quantitative restrictions, without prejudice to the obligations incumbent upon certain Contracting Parties by reason of their membership of G.A.T.T.
3. Upon the entry into force of this Convention, the Association Council shall define the procedure for consultation and exchange of information in respect of the implementation of this Article.
Chapter 4. Safeguard Clauses
Article 13.
1. If serious disturbances occur in one sector of the economy of an Associated State or jeopardize its external financial stability, that State may take the necessary protective measures, notwithstanding the provisions of Article 3, paragraph 2, sub-paragraph ! and Article 6, paragraphs 1, 2 and 4.
The measures and the methods of applying them shall be notified immediately to the Association Council. 2, If serious disturbance occur in one sector of the economy of the Community or of one or more Member States, or jeopardize their external financial stability, and if difficulties arise which may result in a region suffering grave economic hardship, the Community may take, or may authorize the Member State or States concerned to take such measures as may prove necessary in their relations with the Associated States, notwithstanding the provisions of Articles 2 and 5.
These measure and the methods of applying them shall be notified immediately to the Association Council.
3. For the purpose of implementing paragraphs 1 and 2 of this Article, priority shall be given to such measure as will least disturb the functioning of the Association. These measures shall not exceed the limits strictly necessary to remerdy the difficulties that have arisen.
4. There shall be consultations within the Association Council regarding the measures taken under paragraphe 1 and 2 of this Article.
Such consultations shall be held at the request of the Com- munity in respect of mcasures under paragraph 1 and at the request of one or more Associated States in respect of those under paragraph 2.