Title
Treaty (1) of the Economic Community of West African States (ECOWAS)
Preamble
The President of the Republic, Head of State, Head of the Revolutionary Military Government, and President of the National Council of the Revolution of Dahomey
The President of the Republic of the Gambia
The Head of State and Chairman of the National Redemption Council of the Republic of Ghana
The Head of State and Commander-in-Chief of the People's Revolutionary Armed Forces, President of the Republic of Guinea
The President of the Republic of Guinea Bissau
The President of the Republic of Ivory Coast The President of the Republic of Liberia
The Chairnlan of the Military Committee of National Liberation, President of the Republic of Mali
The President of the Islamic Republic of Mauritania
The Head of State and President of the Supreme Military Council of the Republic of Niger
The Head of the Federal Military Government, Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria
The President of the Republic of Senegal
The President of the Republic of Sierra Leone
The President of the Togolese Republic
The President of the Republic of Upper Volta
Concious of the overriding need to accelerate, foster and encourage the economic and social development of their states in order to improve the living standards of their peoples;
Convinced that the promotion of harmonious economic development of their states calls for effective economic co-operation largely through a determined and concerted policy of self-reliance;
Recognising that progress towards sub-regional economic integration requires an assessment of the economic potential and interests of each state;
Accepting the need for a fair and equitable distribution of the benefits of co-operation among Member States;
Noting that forms of bilateral and multilateral economic co-operation existing in the sub-region give hope for wider co-operation;
Recalling the Declaration of African Co-operation, Development and Economic Independence (2) adopted by the Tenth Assembly of Heads of State and Government of the Organisation of African Unity;
Bearing in mind that efforts at sub-regional co-operation should not conflict with or hamper similar efforts being made to foster wider co-operation in Africa;
Affirming as the ultimate objective of their efforts accelerated and sustained economic development of their states and the creation of a homogeneous society, leading to the unity of the countries of West Africa, by the elimination of all types of obstacles to the free movement of goods, capital and persons;
Decide for the purpose of the foregoing to create an Economic Community of West African States, and agree as follows:
The Treaty came into force definitively in respect of the following States on 20 June 1975, the date when seven signatory States had ratified it in conformity with their constitutional procedures, in accordance with article 62 (I): Liberia, 30 May 1975 (Instrument deposited on 4 June 1975); Nigeria, 2 June 1975 (Instrument deposited on 3 June 1975.); Guinea, 5 June 1975 (Instrument deposited on 16 August 1975) Ghana, 6 June 1975 (Instrument deposited on 17 June 1975); Gambia, 6 June 1975 (instrument deposited on 17 June 1975); Ivory Coast, 12 June 1975 (Instrument deposited on 17 June); Upper Volta, 20 June 1975 (Instrument deposited on 8 December 1975);Subsequently, the Treaty came into force in respect of the following States on the date of ratification: Benin, 24 June 1975 (Instrument deposited on 8 July 1975); Sierra Leone, 26 June 1975 (Instrument deposited on 21 July 1975); Togo, 27 June 1975 (Instrument deposited on 17 1975); Niger, 2 July 1975 (Instrument deposited on 7 July 1975); Guinea-Bissau, 15 March 1976 (Instrument deposited on 19 April 1976); Mauritania,15 March 1976 (Instrument deposited on 19 April 1976).
(2) 'International Legal Materials, vol. 12, 1973, p. 996.
Body
Chapter I. Principles
Article 1. ESTABLISHMENT AND MEMBERSHIP OF THE COMMUNITY
1. By this Treaty the High Contracting Parties establish among themselves an Economic Community of West African States (ECOWAS) hereinafter referred to as "the Community".
2. The members of the Community, hereinafter referred to as " the Member States" , shall be the States that ratify this Treaty and such other West African States as may accede to it.
Article 2. AIMS OF THE COMMUNITY
1. It shall be the aim of the Community to promote co-operation and development in all fields of economic activity particularly in the fields of industry, transport, telecommunications, energy, agriculture, natural resources, commerce, monetary and financial questions and in social and cultural matters for the purpose of raising the standard of living of its peoples, of increasing and maintaining economic stability, of fostering closer relations among its members and of contributing to the progress and development of the African continent.
2. For the purposes set out in the preceding paragraph and as hereinafter provided for in this Treaty, the Community shall by stages ensure:
(a) the elimination as between the Member States of customs duties and other charges of equivalent effect in respect of the importation and exportation of goods;
(b) the abolition of quantitative and administrative restrictions on trade among the Member States;
(c) the establishment of a common customs tariff and a common commercial policy towards third countries;
(d) the abolition as between the Member States of the obstacles to the free movement of persons, services and capital;
(e) the harmonisation of the agricultural policies and the promotion of common projects in the Member States notably in the fields of marketing, research and agro-industrial enterprises;
if) the implementation of schemes for the joint development of transport, communication, energy and other infrastructural facilities as well as the evolution of a common policy in these fields;
(g) the harmonisation of the economic and industrial policies of the Member States and the elimination of disparities in the level of development of Member States;
(h) the harmonisation, required for the proper functioning of the Community, of the monetary policies of the Member States;
(i) the establishment of a Fund for Co-operation, Compensation and Development; and
(j) such other activities calculated to further the aims of the Community as the Member States may from time to time undertake in common.
Article 3. GENERAL UNDERTAKING
The Member States shall make every effort to plan and direct their policies with a view to creating favourable conditions for the achievement of the aims of the Community; in particular, each Member State shall take all steps to secure the enactment of such legislation as is necessary to give effect to this Treaty.
Chapter II. INSTITUTIONS OF THE COMMUNITY
Article 4. INSTITUTIONS
1. The institutions of the Community shall be: (a) the Authority of Heads of State and Government;
(b) the Council of Ministers;
(c) the Executive Secretariat;
(d) the Tribunal of the Community; and
(e) the following Technical and Specialised Commissions:
-the Trade, Customs, Immigration, Monetary and Payments Commission;
-The Industry, Agriculture and Natural Resources Commission;
-the Transport, Telecommunications and Energy Commission;
-the Social and Cultural Affairs Commission;
and such other Commissions or bodies as may be established by the Authority of Heads of State and Government or are established or provided for by this Treaty.
2. The institutions of the Community shall perform the functions and act within the limits of the powers conferred upon them by or under this Treaty and by Protocols thereto.
Article 5. AUTHORITY OF HEADS OF STATE AND GOVERNMENT ESTABLISHMENT, COMPOSITION AND FUNCTIONS
1. There is hereby established the Authority of Heads of State and Government of the Member States referred to in this Treaty as " the Authority" which shall be the principal governing institution of the Community.
2. The Authority shall be responsible for, and have the general direction and control of the performance of the executive functions of the Community for the progressive development of the Community and the achievement of its aims.
3. The decisions and directions of the Authority shall be binding on all institutions of the Community.
4. The Authority shall meet at least once a year. It shall determine its own procedure including that for convening its meetings, for the conduct of business thereat and at other times, and for the annual rotation of the office of Chairman among the members of the Authority.
Article 6. COUNCIL OF MINISTERS ESTABLISHMENT, COMPOSITION AND FUNCTIONS
1. There is hereby established a Council of Ministers which shall consist of two representatives of each Member State.
2. It shall be the responsibility of the Council of Ministers:
(a) to keep under review the functioning and development of the Community in accordance with this Treaty;
(b) to make recommendations to the Authority on matters of policy aimed at the efficient and harmonious functioning and development ofthe Community;
(c) to give directions to all subordinate institutions of the Community; and
(d) to exercise such other powers conferred on it and perform such other duties assigned to it by this Treaty.
3. The decisions and directions of the Council of Ministers shall be binding on all subordinate institutions of the Community unless otherwise determined by the Authority.
4. The Council of Ministers shall meet twice a year and one of such meetings shall be held immediately preceding the annual meeting of the Authority. Extraordinary meetings of the Council of Ministers may be convened as and when necessary.
5. Subject to any directions that the Authority may give, the Council of Ministers shall determine its own procedure including that for convening its meetings, for the conduct of business thereat and at other times, and for the annual rotation of the office of Chairman among the members of the Council of Ministers.
6. Where an objection is recorded on behalf of a Member State to a proposal submitted for the decision of the Council of Ministers, the proposal shall, unless such objection is withdrawn, be referred to the Authority for its decision.
Article 7. DECISIONS OF THE AUTHORITY AND THE COUNCIL OF MINISTERS
The Authority shall determine the procedure for the dissemination of its decisions and directions and those of the Council of Ministers and for matters relating to their coming into effect.
Article 8. THE EXECUTIVE SECRETARIAT
1. There shall be established an Executive Secretariat of the Community.
2. The Executive Secretariat shall be headed by an Executive Secretary who shall be appointed by the Authority to serve in such office for a term of four (4) years and be eligible for reappointment for another term offour (4) years only.
3. The Executive Secretary shall only be removed from office by the Authority upon the recommendation of the Council of Ministers.
4. The Executive Secretary shall be the principal executive officer of the Community. He shall be assisted by two Deputy Executive Secretaries who shall be appointed by the Council of Ministers.
5. In addition to the Executive Secretary and the Deputy Executive Secretaries, there shall be a Financial Controller and such other officers in the Executive Secretariat as the Council of Ministers may determine.
6. The terms and conditions of service of the Executive Secretary and other officers of the Executive Secretariat shall be governed by regulations that may be made by the Council of Ministers.
7. In appointing officers to offices in the Executive Secretariat due regard shall be had, subject to the paramount importance of securing the highest standards of efficiency and technical competence, to the desirability of maintaining an equitable distribution of appointments to such posts among citizens of the Member States.
8. The Executive Secretary and officers of the Executive Secretariat, in the discharge of their duties, owe their loyalty entirely to the Community.
9. The Executive Secretary shall be responsible for the day to day administration of the Community and all its institutions.
10. The Executive Secretary shall:
(a) as appropriate, service and assist the institutions of the Community in the performance of their functions;
(b) keep the functioning of the Community under continuous examination and, where appropriate, report the results of its examination to the Council of Ministers;
(c) submit a report of activities to all sessions of the Council of Ministers and all meetings of the Authority; and
(d) undertake such work and studies and perform such services relating to the aims of the Community as may be assigned to him by the Council of Ministers and also make such proposals thereto as may assist in the efficient and harmonious functioning and development of the Community.
Article 9. TECHNICAL AND SPECIALISED COMMISSIONS ESTABLISHMENT, COMPOSITION AND FUNCTIONS
1. There shall be established the following Commissions:
(a) the Trade, Customs, Immigration, Monetary and Payments Commission;
(b) the Industry. Agriculture and Natural Resources Commission;
(c) the Transport, Telecommunications and Energy Commission; and
(d) the Social and Cultural Affairs Commission.
2. The Authority may from time to time establish other Commission as it deems necessary.
3. Each Commission shall consist of representatives designated one each by the Member States. Such representatives may be assisted by advisers.
4. Each Commission shall:
(a) submit from time to time reports and recommendations through the Executive Secretary to the Council of Ministers either on its own initiative or upon the request of the Council of Ministers or the Executive Secretary; and
(b) have such other functions as are imposed on it under this Treaty.
5. Subject to any directions which may be given by the Council of Ministers, each Commission shall meet as often as necessary for the proper discharge of its functions and shall determine its own procedme, including that for convening its meetings and the conduct of business thereat and at other times.
Article 10. EXTERNAL AUDITOR
1. There shall be an External Auditor of the Community who shall be appointed and removed by the Authority on the recommendation of the Council of Ministers.
2. Subject to the provisions of the preceding paragraph, the Council of Ministers shall make regulations governing the terms and conditions of service and powers of the External Auditor.
Article 11. TRIBUNAL OF THE COMMUNITY
1. There shall be established a Tribunal of the Community which shall ensure the observance of law and justice in the interpretation of the provisions of this Treaty. Furthermore, it shall be charged with the responsibility of settling such disputes as may be referred to it in accordance with Article 56 of this Treaty.
2. The composition, competence, statutes and other matters relating to the Tribunal shall be prescribed by the Authority.
Chapter III. CUSTOMS AND TRADE MATTERS
Article 12. LIBERALIZATION OF TRADE
There shall be progressively established in the course of a transitional period of fifteen (15) years from the definitive entry into force of this Treaty, and as prescribed in this Chapter, a Customs Union among the Member States. Within this Union, customs duties or other charges with equivalent effect on imports shall be eliminated. Quota, quantitative or like restrictions or prohibitions and administrative obstacles to trade among the Member States shall also be removed. Furthermore, a common customs tariff in respect of all goods imported into the Member States from third countries shall be established and maintained.
Article 13.
1. Member States shall reduce and ultimately eliminate customs duties and any other charges with equivalent effect except duties notified in accordance with Article 17 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 15 of this Treaty. Any such duties or other charges are hereinafter referred to as " import duties" .
2. Within a period of two (2) years from the definitive entry into force of this Treaty, a Member State may not be required to reduce or eliminate import duties. During this two-year period, Member States shall not impose any new duties and taxes or increase existing ones and shall transmit to the Executive Secretariat all information on import duties for study by the relevant institutions of the Community.
3. Upon the expiry of the period of two (2) years referred to in paragraph 2 of this Article and during the next succeeding eight (8) years, Member States shall progressively reduce and ultimately eliminate import duties in accordance with a schedule to be recommended to the Council of Ministers by the Trade, Customs, Immigration, Monetary and Payments Commission. Such a schedule shall take into account, inter alia, the effects of the reduction and elimination of import duties on the revenue of Member States and the need to avoid the disruption of the income they derive from import duties.
4. The Authority may at any time, on the recommendation of the Council of Ministers, decide that any import duties shall be reduced more rapidly or eliminated earlier than is recommended by the Trade, Customs, Immigration, Monetary and Payments Commission. However, the Council of Ministers 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 14. COMMON CUSTOMS TARIFF
1. The Member States agree to the gradual establishment of a common customs tariff in respect of all goods imported into the Members States from third countries.
2. At the end of the period of eight (8) years referre·d to in paragraph 3 of Article 13 of this Treaty and during the next succeeding five (5) years, Member States shall gradually, in accordance with a schedule to be recommended by the Trade, Customs, Immigration, Monetary and Payments Commission, abolish existing differences in their external customs tariffs.
3. In the course of the same period, the above-mentioned Commission shall ensure the establishment of a common customs nomenclature and customs statistical nomenclature for all the Member States.
Article 15. 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 State from the territory of another Member State and originate in the Member States.
2. The definition of products originating from Member States shall be the subject of a protocol to be annexed to this Treaty.
3. The Trade, Customs, Immigration, Monetary and Payments Commission shall from time to time examine whether the rules refered 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 of Ministers may from time to time amend them.
Article 16. DEFLECTION OF TRADE
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 State 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 would cause serious injury to production which is carried on in the territory of the importing Member State.
2. The Council of Ministers shall keep under review the question of deflection of trade 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 deflection of trade 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 of Ministers shall study the question in order to arrive at a just solution.
Article 17. REVENUE DUTIES 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 one (1) year after the period of two (2) years referred to in paragraph 2 of Article 13 of this Treaty. Where by virtue of obligations under an existing contract entered into by a Member State and such a Member State is unable to comply with the provisions of this Article, the Member State shall duly notify the Council of Ministers 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 of eight (8) years referred to in paragraph 3 of Article 13 of this Treaty.
4. Each Member State shall, not later than the end of the period of two (2) years referred to in paragraph 2 of Article 13 of this Treaty, notify the Council of Ministers of any duty it wishes to apply under the provisions of paragraph 3 of the aforementioned Article.
Article 18. QUANTITATIVE RESTRICTIONS ON COMMUNITY GOODS
1. Except as may be provided for or permitted by this Treaty, each of the Member States undertakes to relax gradually and to remove ultimately in accordance with a schedule to be recommended by the Trade, Customs, Immigration, Monetary and Payments Commission and not later than ten (10) years from the definitive entry into force of this Treaty, 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.
2. The Authority may at any time, on the recommendation of the Council of Ministers, decide that any quota, quantitative or like restrictions or prohibitions shall be relaxed more rapidly or removed earlier than is recommended by the Trade, Customs, Immigration, Monetary and Payments Commission.
3. A Member State may, after having given notice to the other Member States of its intention to do so, introduce or continue or 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 of life, or the protection of public morality;
(d) the transfer of gold, silver and precious and semi-precious stones; or
(e) the protection of national treasures;
provided that a Member State shall not so exercise the right to introduce or continue to execute the restrictions or prohibitions conferred by this paragraph as to stultify the free movement of goods envisaged in this Article.
Article 19. 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.