ext/celex/31960L0201

38 Official Journal of the European Communities

10.2.60 OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES 147/60

DIRECTIVES

determining the procedure for progressive implementation of the right of establishment in the overseas countries and territories and the French overseas departments

THE COUNCIL OF THE EUROPEAN ECONOMIC Whereas, account being taken of the fact that other COMMUNITY, economic measures affecting the association are being implemented, the abolition of discrimination as Having regard to the provisions of the Treaty, and regards the right of establishment in the overseas in particular Articles 131 , 132 (5 ), 136, 189 and 198 countries and territories , must take place thereof. progressively;

Having regard to the provisions of the Implementing Whereas Article 14 of the Implementing Convention Convention on the Association of the Overseas provides that the results achieved by the end of the Countries and Territories with the Community, in fifth year as regards the right of establishment must particular Articles 8 , 14, 16 and 17 thereof, . be maintained ;

Having regard to the Opinion of the Economic and Whereas under the second paragraph of Article 136 Social Committee, of the Treaty aforesaid the Council, before the Implementing. Convention expires, is to lay down provisions for a further period on the basis of the Having regard to the opinion of the governmental or experience acquired and of the principles set out in local authorities of the associated overseas countries the Treaty; . and territories,

Whereas consequently the abolition of certain Having regard to the proposal from the discriminations must be deferred until after the Commission, five-year period ;

Whereas priority should be given to activities in Whereas present circumstances mak£ it difficult for respect of which freedom of establishment would the time being to apply Article 8 of the Implementing make an especially useful contribution to promotion Convention in the territories specified in Article 16 of of the economic and social development of the that Convention, save as regards certain laws, overseas countries and territories ; regulations and administrative provisions in the French overseas departments ; Whereas in preparing these directives account has been taken of the degree of freedom of establishment Whereas in the Belgian Congo and Ruanda-Urundi that has actually been attained in the judicial systems there is triple tax exemption . in favour only of of the various countries as described by the Belgian societes anonymes which convert themselves governments concerned, and whereas the purpose of into Congolese companies limited by shares, and these directives is to strengthen, by setting out certain whereas a study is at present being conducted as to results to be achieved, the steps which those whether this exemption should be cancelled by the governments have taken ; authority which introduced it, and whereas it is accordingly appropriate to set this question aside for Whereas, therefore, none of them could . be the time being ; interpreted to preclude any measures to extend the right of establishment which might be taken by Whereas consequently it appears to be unnecessary at national or local authorities themselves , within the the present time to issue any directives on that framework of the Treaty and the Implementing subject; Convention annexed thereto ; Whereas there exists no discrimination in Italian Whereas the Implementing Convention has been Somaliland and consequently there is no need to concluded for a limited period ; issue any directives in regard to that country;

Official Journal of the European Communities 39

"Whereas any Member State is entitled to invoke the in French Somaliland, New Caledonia and provisions of Article 8 aforesaid of the Implementing dependencies, French Polynesia : Convention concerning each associated country or the right to carry on the occupation of territory, whatever the present international status of hotel-keeper shall be extended to nationals and such country or territory may be ; companies and firms of Member States other than the French Republic. Whereas under Article 132 (5 ) the right of establishment of nationals and companies or firms of 3 . In the Republic of Senegal, the Republic of the associated countries and territories is to be Soudan, the Republic of Ivory Coast, the' regulated in accordance with the provisions and Republic of Dahomey, the Islamic Republic of procedures laid down in the Chapter relating to the Mauritania, the Republic of Niger, the right of establishment and on a non-discriminatory Republic of Upper Volta, the Republic of basis, subject to any special provisions laid down Madagascar, pursuant to Article 136; in French Somaliland : Whereas the problems relating thereto do not form the right to carry on the occupation of the subject of the text hereinafter contained; land-surveyor and valuer shall be extended to nationals of Member States other than the French Republic who hold the official certificate or diploma required in France or an HAS ADOPTED THE FOLLOWING DIRECTIVES : equivalent certificate in their State of origin, on condition in the latter case that the Article 1 functions of a land-surveyor and valuer are subject to regulation in that State. In the overseas countries and territories the right of establishment shall be extended progressively to 4. In the Republic of Senegal, the Republic pf nationals and companies or firms of Member States Soudan, the Republic of Ivory Coast, the other than the Member State which has special Republic of Dahomey, the Islamic Republic of relations with the countries or territories concerned, Mauritania, the Republic of Niger, the in manner following: Republic of Upper Volta, the Republic of Congo, the Central African Republic, the ( a) In the second year of application of the Republic of Chad, the Republic of Gabon, the Convention : Republic of Madagascar,

1 . In the Republic of Senegal, the Republic of in Saint Pierre and Miquelon, the Comoro Soudan, the Republic of Ivory Coast, the Archipelago, French Somaliland, New Republic of Dahomey, the Islamic Republic of Caledonia and dependencies, French Mauritania, the Republic of Niger, the Polynesia, the Southern and Antarctic Republic of Upper Volta, the Republic of Territories, Madagascar, in the Republic of Togoland and the State of in Saint Pierre and Miquelon , the Comoro Cameroun : Archipelago, French Somaliland, New the right to carry on the occupation of Caledonia and dependencies, French architect on the part of nationals of Member Polynesia, the Southern and Antarctic States other than the French Republic who Territories : hold the diploma required in France or an companies and firms of Member States other equivalent certificate in their State of origin, than the French Republic shall be given full on condition in the latter case that the legal recognition. These companies and firms functions of an architect are subject to and their subsidiaries may, in particular, own regulation in that State, shall no longer be property and carry out judicial acts ; this last subject to reciprocity in favour of French implies inter alia the right to be a party to nationals practising in the other Member legal proceedings. States .

2. In the Republic of Senegal, the Republic of (b) At the latest during the third year of application Soudan , the Republic of Ivory Coast, the of the Convention: Republic of Dahomey, the Islamic Republic of Mauritania, the . Republic of Niger, the 1 . In the Republic of Madagascar, French Republic of Upper Volta, the Republic of Somaliland, New Caledonia and depen ­ Madagascar, dencies :

40 Official Journal of the European Communities

the granting of land concessions and the right the right to carry on the occupations of of free disposal of immovable property shall manufacturer of or trader in wireless be extended to nationals and companies and equipment and spare parts shall be extended firms of Members States other than the French ' to nationals and companies and firms of Republic. Member States other than the French Republic. 2 . In Netherlands New Guinea : 6. In the Republic of Madagascar and French the right to take tenancies and emphyteutic Somaliland : leases of land shall be extended to nationals and companies and firms of Member States the right to carry on the occupations of other than the Kingdom of the Netherlands. entertainments promoter and cinema operator shall be extended to nationals and companies and firms of Member States other than the 3 . In the Republic of Senegal, the Republic of French Republic. Soudan, the Republic of Ivory Coast, the Republic of Dahomey, the Islamic Republic of Mauritania, the Republic of •' Niger, the Republic of Upper Volta, the Republic of (c) At the latest during the fourth year of application Congo, the Central African Republic, the of the Convention: Republic of Chad, the Republic of Gabon, the Republic of Madagascar, 1 . In the Republic of Senegal, the Republic of Soudan, the Republic of Ivory Coast, the in Saint Pierre and Miquelon , the Comoro Republic of Dahomey, the Islamic Republic of Archipelago, French Somaliland, New Mauritania, the Republic of Niger, the •Caledonia and dependencies, French Polynesia Republic of Upper Volta, the Republic of and the Southern and Antarctic Territories, Congo, the Central African Republic, the Republic of Chad, the Republic of Gabon, the in the Republic of Togoland and the State of Republic of Madagascar, Cameroun : permission for nationals of Member States to in Saint Pierre and Miquelon, the Comoro effect banking operations, to direct, administer Archipelago, French Somaliland, New or manage a banking company or firm or the Caledonia and dependencies, French agency of a banking company or firm, and to Polynesia and the Southern and Antarctic sign on behalf of a bank, under a mandate, Territories , documents relating to such operations, shall in the Republic of Togoland and the State of no longer be subject to any condition as Cameroun : regards nationality. the right to carry on mining activities shall be 4. In the Republic of Senegal, the Republic of extended to companies and firms of Member Soudan , the Republic of Ivory Coast, the States other than the French Republic; any Republic of Dahomey, the Islamic Republic of discrimination existing between Member Mauritania, the Republic of Niger, the States as regards the nationality of the Republic of Upper Volta : members, directors, auditors, members of supervisory boards, managers, associates, it shall no longer be possible , on grounds of executives and servants of mining companies nationality to refuse to nationals or companies shall be removed . or firms of Member States other than the French Republic the licence required for the 2. In the Republic of Togoland and the State of opening of a travel agency. However, authorization for organizing parties of Cameroun : pilgrims shall continue to be required . any discrimination existing between Member States as regards majority holdings of capital 5 . In the Republic of Senegal, the Republic of in mining undertakings shall be discontinued. Soudan , the Republic of Ivory Coast, the Republic of Dahomey, the Islamic Republic of 3 . In the Republic of Senegal, the Republic of Mauritania, the Republic of Niger, the Soudan, the Republic of Ivory Coast, the Republic of Upper Volta, the Republic of Republic of Dahomey, the Islamic Republic of Madagascar, Mauritania, the Republic of Niger, the in French Somaliland, New Caledonia and Republic of Upper Volta, the Republic of dependencies and French Polynesia : Madagascar,

Official Journal of the European Communities 41

in French Somaliland : automatically approved by these countries and territories . the possibility of obtaining mining concessions shall be extended to nationals and companies and firms of Member States other than the 2. In the Republic of Senegal, the Republic of French Republic. Soudan, the Republic of Ivory Coast, the Republic of Dahomey, the Islamic Republic of 4 . In Netherlands New Guinea : Mauritania, the Republic of Niger, the Republic of Upper Volta, the Republic of the right to be granted exploration permits Madagascar, and mining concessions shall be extended to nationals and companies and firms of Member in French Somaliland : States other than the Kingdom of the permission to carry on the occupation of Netherlands without distinction of nationality insurance agent shall, for nationals of Member between directors and auditors who are States, no longer be subject to any condition nationals of Member States . as regards nationality.

5 . In the Republic of Senegal, the Republic of 3 . In Netherlands New Guinea : Soudan, the Republic of Ivory Coast, the Republic of Dahomey, the Islamic Republic of the right to carry on inshore fishing and pearl Mauritania, the Republic of Niger, the fishing shall be extended to nationals and Republic of Upper Volta, the Republic of companies and firms of Member States other Madagascar, than the Kingdom of the Netherlands .

in Saint Pierre and Miquelon, the Comoro Archipelago, New Caledonia and depen ­ Article 2 dencies and French Polynesia :

the franchise and eligibility for assemblies of In the French overseas departments the right of chambers of commerce and of agriculture establishment shall be extended progressively to the (assemblies consulates), excepting the office nationals and companies and firms of Member States of president, shall be extended to nationals other than the French Republic, in manner following ; and companies and firms of Member States other than the French Republic. ( a) During the second year of application of the Convention : (d) At the latest during the fifth year of application of the Convention : 1 . In Guadeloupe, Martinique and Réunion : 1 . In the Republic of Senegal, the Republic of the right to carry on the occupation of Soudan, the Republic of Ivory Coast, the hotel-keeper shall be extended to nationals and Republic of Dahomey, the Islamic Republic of companies and firms of Member States other Mauritania, the Republic of Niger, t|ie than the French Republic. Republic of Upper Volta, the Republic of Congo, the Central African Republic, the 2 . In Guadeloupe, Martinique and Réunion : Republic of Chad, the Republic of Gabon, the the . right to carry on the occupation of Republic of Madagascar, land-surveyor and valuer shall be extended to in Saint Pierre and Miquelon , the Comoro nationals of Member States other than the Archipelago, French Somaliland, New French Republic who hold the official Caledonia and dependencies, French Polynesia certificate or diploma required in France or an and the Southern and Antarctic Territories, equivalent certificate in their State of origin, on condition in the latter case that the in the Republic of Togoland and the State of functions of a land-surveyor and valuer are Cameroun : subject to regulation in that State. if the problem of control of insurance is regulated within the European Economic ( b) At the latest during the third year of application Community, reciprocity relating to the of the Convention: obligation to provide guarantees shall no 1 . In French Guiana : longer be required of insurance companies of Member States other than the French the possibility of obtaining agricultural and Republic. If it is not so regulated, insurance stock-raising concessions shall be extended to companies approved in France by the Minister nationals and companies and firms of Member of Finance of the French Republic shall be States other than the French Republic.

42 Official Journal of the European Communities

2. In the French overseas departments : (d) At the latest during the fifth year of application of the Convention: permission for the nationals of Member States to effect banking operations, to' direct, , In Guadeloupe, Martinique and Reunion : administer or manage a banking company or permission to carry on the occupation of firm or the agency of a banking company or insurance agent shall, for nationals of Member firm, and to sign on behalf of a bank, under a States, no longer be subject to any condition as mandate, documents relating to such regards nationality. operations, shall no longer be subject to any condition as regards nationality. Article 3 3 . In the French overseas departments : it shall no longer be possible on grounds of The Member States to which these directives are nationality to refuse to nationals or companies addressed are the Kingdom of Belgium in respect of the Belgian Congo and Ruanda-Urundi ; the French or firms of Member States other than the Republic in respect of the States of the Community French Republic the licence required for the established between that Republic and certain opening of a travel agency. associated countries, the French overseas territories and departments, the Republic of Togoland and the 4. In Guadeloupe, Martinique and Reunion : State of Cameroun ; and the Kingdom of the the right to carry on the occupations of Netherlands in respect of Netherlands New Guinea. manufacturer of or trader in wireless equipment and spare parts, entertainments . . Article 4 promoter and cinema operator shall be extended to nationals and companies and The Member States to which these directives are firms of Member States other than the French addressed shall notify the Commission of the Republic. European Economic Community of amendments introduced into the laws, regulations and administrative provisions • relating to the right of ( c) At the latest during the fourth year of application, establishment in the overseas countries, territories of the Convention :- •and departments mentioned in Article 3 above and affecting the nationals and companies and firms of the Member States . In French Guiana :

Done at Strasbourg, 23 November 1959. the right to carry on mining operations shall be extended to companies and firms of j Member States other than the French For the Council Republic, and French nationality shall no The Secretary- General The President longer be a requirement for managerial staff of these companies or firms. CALMES G. PELLA