31970D0539

Official Journal of the European Communities 5

28.12.70 Official Journal of the European Communities No L 282/ 1

COUNCIL DECISION of 29 September 1970 on the conclusion of the Convention of Association between the European Economic Com­ munity and the African States and Madagascar associated with the Community (70/539/EEC)

(Only the Dutch, French, German and Italian texts of this Convention are authentic)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community ;

Having regard to the Convention of Association between the European Economic Commu­ nity and the African States and Madagascar associated with that Community, signed at Yaounde on 29 July 1969 ;

Having consulted the European Parliament on 9 December 19691,

HAS DECIDED :

Article 1 The Convention of Association between the European Economic Community and the Afri­ can States and Madagascar associated with that Community, the 10 Protocols attached thereto and the annexes to the Final Act, signed at Yaounde on 29 July 1969, are concluded, approved and confirmed on behalf of the Community .

Article 2 The President of the Council shall notify this Decision in accordance with Article 58 of the Convention.

Done at Brussels, 29 September 1970.

For the Council The President S. von BRA UN

1 OJ No C2, 8.1.1970, p. 4.

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TABLE OF CONTENTS

CONVENTION OF ASSOCIATION Page

Preamble 7 Title I Trade 9 Title II Financial and technical cooperation 12 Title III Right of establishment, services, payments and capital movements 14 Title IV The institutions of the Association 15 Title V General and Final Provisions 17

PROTOCOLS

Protocol No 1 on the application of Article 2 (2) of the Convention of Association 20 Protocol No 2 on the application of Article 3 of the Convention of Association 20 Protocol No 3 on the application of Article 7 of the Convention of Association .. 21 Protocol No 4 on the application of the Convention of Association and the conclusion of inter­ national agreements on the granting of generalized preferences 22 Protocol No 5 on measures to be taken by the High Contracting Parties concerning their mutual interests, in particular in respect of tropical products 22 Protocol No 6 on the administration of Community aid 22 Protocol No 7 on the value of the unit of account 25 Protocol No 8 on the Statute of the Arbitration Court of the Association 26 Protocol No 9 on privileges and immunities 28 Protocol No 10 on the operating expenditure of the institutions of the Association 30

Official Journal of the European Communities 7

CONVENTION OF ASSOCIATION between the European Community and the African States and Madagascar associated with the Community (70/540/EEC)

PREAMBLE

His Majesty the King of the Belgians, The President of the Federal Republic of Germany4 The President of the French Republic, The President of the Italian Republic, His Royal Highness the Grand Duke 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 (hereinafter called the 'Treaty'), whose States are hereinafter called 'Member States', and

The Council of the European Communities, of the one part, and The President of the Republic 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 Democratic Republic of the Congo, The President of the Republic of the Congo (Brazzaville), Head of State, The President of the Republic of Dahomey, The President of the Gabonese Republic , The President of the Republic of the Ivory Coast, The President of the Malagasy Republic, The Head of State 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 Somali Republic, The President of the Republic of Togo, The President of the Republic of Upper Volta,

whose States are hereinafter called 'Associated States', of the other part, Having regard to the Treaty establishing the European Economic Community ;

Reaffirming accordingly their desire to maintain their association ; „

Desiring to demonstrate their common desire for cooperation on the basis of complete equality and friendly relations while respecting the principles of the United Nations Charter;

Resolved to develop economic relations between the Associated States and the Community ;

Resolved to pursue their efforts together for the economic, social and cultural progress of their countries ;

Anxious to diversify the economies and to further the industrialization of the Associated States to enable them to strengthen their economic stability and independence;

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Conscious of the importance of the development of intra-African cooperation and trade and of international economic relations ;

Noting that the Convention of Association signed at Yaoundé on 20 July 1963 has expired;

Have decided to conclude a new Convention of Association between the Community and the Associated States ;

and to this end have designated as Plenipotentiaries :

HIS MAJESTY THE KING OF THE BELGIANS : Mr Charles Hanin, Minister for Middle Class Affairs;

THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY : Mr Gerhard Jahn, Parliamentary Secretary of State, Ministry for Foreign Affairs;

THE PRESIDENT OF THE FRENCH REPUBLIC : Mr Yvon Bourges, Secretary of State for Foreign Affairs;

THE PRESIDENT OF THE ITALIAN REPUBLIC :

Mr Mario Pedini, Under-Secretary of State for Foreign Affairs;

HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG :

Mr Albert Borschette, Ambassador Extraordinary and Plenipotentiary ;

HER MAJESTY THE QUEEN OF THE NETHERLANDS :

Mr Joseph M.A.H. Luns, Minister for Foreign Affairs;

THE COUNCIL OF THE EUROPEAN COMMUNITIES :

Mr Joseph M.A.H. Luns, President in Office of the Council of the European Communities;

Mr Jean Rey, President of the Commission of the European Communities;

THE PRESIDENT OF THE REPUBLIC OF BURUNDI i

Mr Lazare Ntawurishira, Minister for Foreign Affairs and Cooperation;

THE PRESIDENT OF THE FEDERAL REPUBLIC OF CAMEROON :

Mr Vincent Efon, Minister for Planning and Development;

THE PRESIDENT OF THE CENTRAL AFRICAN REPUBLIC :

Mr Louis Alazoula, Minister for Industry, Mining and Geology ;

THE PRESIDENT OF THE REPUBLIC OF CHAD :

Mr Abdoulaye Lamana, Minister for Economic Affairs, Finance and Transport;

THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF THE CONGO :

Mr Crispin Kasasa, Deputy Minister for Foreign Affairs,

responsible for External Trade; .

THE PRESIDENT OF THE REPUBLIC OF THE CONGO (BRAZZAVILLE), HEAD OF STATE : , Mr Charles Sianard, Minister for Finance and Economic Affairs ;

THE PRESIDENT OF THE REPUBLIC OF DAHOMEY ; Mr Daouda Badarou, Minister for Foreign Affairs ;

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THE PRESIDENT OF THE GABONESE REPUBLIC : Mr Emile Kassa Mapsi, Minister of State in charge of the Gabonese Embassy to the Benelux countries and to the European Communities ;

THE PRESIDENT OF THE REPUBLIC OF THE IVORY COAST : Mr Konan Bedie, Minister for Economic and Financial Affairs;

THE PRESIDENT OF THE MALAGASY REPUBLIC : Mr Jacques Rabemananjara, Minister of State for Foreign Affairs ;

THE HEAD OF STATE OF THE REPUBLIC OF MALI : Mr Jean-Marie Kone, Minister of State for Foreign Affairs and Cooperation;

THE PRESIDENT OF THE ISLAMIC REPUBLIC OF MAURITANIA : Mr Mokhtar Ould Haiba, Minister for Planning;

THE PRESIDENT OF THE REPUBLIC OF NIGER : Mr Alidou Barkire, Minister for Economic Affairs, Trade and Industry ;

THE PRESIDENT OF THE REPUBLIC OF RWANDA : Mr Sylvestre Nsanzimana, Minister for Trade, Mining and Industry ;

THE PRESIDENT OF THE REPUBLIC OF SENEGAL : Mr Jean Collin, Minister of Finance;

THE PRESIDENT OF THE SOMALI REPUBLIC : Mr Elmi Ahmed Duale, Minister of State for Foreign Affairs;

THE PRESIDENT OF THE REPUBLIC OF TOGO : Mr Paulin Eklou, Minister for Trade, Industry, Tourism and Planning;

THE PRESIDENT OF THE REPUBLIC OF UPPER VOLTA : Mr Pierre-Claver Damiba, Minister for Planning and Public Works ;

Who, having exchanged their Full Powers, found in good and due form,

HAVE AGREED AS FOLLOWS :

Article 1 The object of the provisions of this Convention is to promote cooperation between the Con­ tracting Parties so as to further the economic and social development of the Associated States by increasing their trade and by implementing measures of financial intervention and techni­ cal cooperation. By means of these provisions the Contracting Parties intend to expand their economic rela­ tions, strengthen the economic structure and economic independence of the Associated States and promote their industrialization, encourage African regional cooperation and contribute to the advancement of international trade.

TITLE I

TRADE

Chapter I customs duties and charges having equivalent effect, but the treatment applied to these products shall not be more Customs duties and quantitative restrictions favourable than that applied by the Member States among themselves. Article 2 1 . Products originating in the Associated States shall, 2. Paragraph 1 shall not, however, prejudice the import on importation into the Community, be admitted free of treatment applied to :

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- such products listed in Annex II to the Treaty as come restrictions or measures having equivalent effect other under a common organization of the market within than those that the Member States apply among them­ the meaning of Article 40 of the Treaty ; selves . - products subject, on importation into the Community , 2. Paragraph 1 shall not, however, prejudice the import to specific rules as a consequence of the implementa­ treatment accorded to the products referred to in the first tion of the common agricultural policy. indent of Article 2 (2). Protocol No 1 to this Convention sets out the conditions 3 . At the request of an Associated State, there shall be under which the Community , notwithstanding the gener­ consultations within the Council of Association regard­ al treatment in force in relation to third countries, shall ing the conditions of application of this Article. determine the treatment to be applied to the products re­ ferred to above, when such products originate in the Associated States . Article 7 3 . Consultations may be held within the Council of 1 . Subject to the provisions of this Article, the Associat­ Association regarding the conditions of application of ed States shall refrain from applying any quantitative this Article. restrictions or measures having equivalent effect to im­ ports of products originating in Member States . Article 3 1 . Imports of products originating in the Community 2. The Associated States may, in accordance with the shall be admitted into each Associated State free of cus­ procedure laid down in Protocol No 3 to this Conven­ toms duties and charges having equivalent effect. tion, maintain or introduce quantitative restrictions or measures having equivalent effect on imports of products 2. Each Associated State may , however, maintain or originating in Member States in order to meet their deve­ introduce, in accordance with Protocol No 2 to this lopment needs or in the event of difficulties in their bal­ Convention, customs duties and charges having equi­ ance of payments. valent effect required to meet their development needs or intended to contribute to their budgets. Quantitative restrictions or measures having equivalent effect may be applied, if necessary , at the same time as 3 . Each Associated State shall grant the same treatment the tariff measures referred to in Article 3 (2). to products originating in each of the Member States. 3 . Application of the quantitative restrictions or meas­ 4. At the request of the Community, consultations shall ures having equivalent effect provided for in paragraph 2 shall not give rise, in law or in fact, to discrimination be held within the Council of Association regarding the between Member States . conditions of application of this Article.

4. Associated States in which imports come within the Article 4 province of a State monopoly of a commercial character or of any public body which, in law or in fact, directly or 1 . Where an Associated State levies duties on exports of indirectly limits imports, shall take any steps necessary its products to Member States, these duties may not give to attain the objective defined in this Title, and in parti­ rise, in law or in fact, to any direct or indirect discrimi­ cular that, of non-discrimination between Member States . nation between Member States .

2. If the application of such duties leads to serious dis­ 5 . At the request of the Community, there shall be con­ turbances in the conditions of competition, consultations sultations within the Council of Association regarding shall be held within the Council of Association without the conditions of application of this Article. prejudice to the application of Article 16 (2).

Articles Articled Without prejudice to the special provisions laid down in Articles 6 and 7 shall not prejudice the treatment which this Convention , each Contracting Party shall refrain a Contracting Party signatory to a world agreement from any internal fiscal measure or practice that directly applies to any product under such an agreement. or indirectly leads to discrimination between its own products and like products originating in the territory of Article 9 the other Contracting Parties. Articles 6, 7 and 8 shall not preclude prohibitions or res­ trictions on imports, exports or goods in transit justified Article 6 on grounds of public morality, public policy or public 1 . The Community shall not apply to imports of prod­ security ; the protection of health and life of humans, ucts originating in the Associated States any quantitative animals or plants ; the protection of national treasures

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possessing artistic, historic or archaeological value; or 2. At the request of the Community there shall be con­ the protection of industrial and comipercial property. sultations within the Council of Association.

Such prohibitions or restrictions shall not, however, con­ 3. If these consultations reveal any incompatibility be­ stitute a means of arbitrary discrimination or a disguised tween the undertakings given by the Associated States restriction on trade. referred to in paragraph 1 and the principles or pro­ visions of this Convention, the Council of Association Article 10 shall, if need be, take any measures necessary for the proper functioning; of the Association. It may also make 1 . For the purposes of implementing this Title, the con­ any necessary recommendations. cept of 'originating products', and the methods of admin­ istrative cooperation relating thereto, defined pursuant to the Convention of Association signed at Yaounde on 2 Article 14 July 1963, shall continue to apply. Each Associated State may likewise maintain or es­ 2. The Council of Association may adopt any amend­ tablish customs unions or free-trade areas or conclude ment to the texts referred to in paragraph 1 . economic cooperation agreements with one more other, third countries, if they are compatible with this Con- * 3. If for any product the concept of 'originating prod­ vention, and in particular with Article 11 thereof, and ucts' has not been defined pursuant to one of the preced­ with provisions adopted for the application of Article 1Q. ing paragraphs,. each Contracting Party shall continue to apply its own rules. The Associated State or States concerned shall keep the Council of Association informed.

Chapter II At the request of the Community there shall be consulta­ tions within the Council of Association. Provisions concerning commercial policy

Article 15 Article 11 1 . With regard to commercial policy the Contracting Subject to the special provisions for frontier-zone traffic Parties shall inform each other of any measures they and without prejudice to Articles 1 2 and 1 3 : propose to take regarding trade with third countries if - the treatment applied in Associated States by virtue of such measures are likely to be prejudicial to the interests this Title to products originating in the Community of one or more of the Contracting Parties. shall not be less favourable than that applied to prod­ ucts originating in the most favoured third State; 2. At the request of the Community or of an Associated - the treatment applied in Associated States by virtue of State there shall be consultations within the Council of Association. this Title to their products and destined for the Com­ munity shall not be less favourable than that applied to products destined for the most-favoured third State. 3 . The Council of Association shall determine the procedure for providing information and holding consul­ tations regarding the application of this Chapter. Article 12 The Associated States may maintain or establish among themselves customs unions or free-trade areas or con­ clude among themselves economic cooperation agree­ ments. Chapter ΠΙ

Protective clauses The Associated States concerned shall keep the Council of Association informed.

Article 13 Article 16 1 . Each Associated State may maintain or establish cus­ 1 . If serious disturbances occur in a sector of the econ­ toms unions or free-trade areas or conclude economic omy of one or more Associated States or prejudice their cooperation agreements with one or more African third external stability, or if difficulties arise which adversely countries at a comparable stage of development provided affect the economic situation of a given area in one or that provisions on origin relating to the application of more Associated States, the Associated State or States this Convention are not thereby affected. concerned may take the necessary protective measures.

The Associated State or States concerned shall keep the Such measures and the rules for their application shall be Council of Association informed. notified without delay to the Council of Association.

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2 . If serious disturbances occur in a sector of the econ­ 3. In the application of paragraphs 1 and 2, preference omy of the Community or of one or more of its Member shall be given to such measures as will least disturb the States, or prejudice their external financial stability, or if functioning of the Association. The scope of these meas­ difficulties are which adversely affect the economic situ­ ures must not exceed what is strictly necessary to remedy ation of a given area of the Community, the latter may the difficulties that have arisen. take, or may authorize the Member State or States con­ cerned to take, the necessary protective measures. 4. There may be consultations within the Council of Such measures and the rules for their application shall be Association regarding the measures taken in the applica­ notified without delay to the Council of Association. tion of paragraphs 1 or 2.

TITLE u FINANCIAL AND TECHNICAL COOPERATION

Article 17 - measures of general technical cooperation, or technical cooperation linked with investments; In accordance witn the provisions of this Title and of Protocol No 6 to this Convention, the Community shall - measures to promote the marketing and sale of prod­ participate in measures, complementary to the action ucts exported by the Associated States. taken by the Associated States, to promote their econ­ omic and social development. 2. Decisions on the various measures provided for in paragraph 1 shall take into account : Article 18 - the desirability of achieving integrated schemes by means of harmonized application of such measures; For the purposes set out in Article 17, and for the dura­ tion of this Convention, an aggregate amount of 918 mil­ - the development difficulties peculiar to each Associat­ lion" "units of account shall be supplied with a view to ed State owing to the natural conditions prevailing therein; covering the whole of the Community's aid, as follows : (a) 828 million units of account by the Member States. - the desirability of promoting regional cooperation This amount shall be paid into the European Deve­ between Associated States and, where appropriate, lopment Fund (hereinafter called the 'Fund') as between them and one or more neighbouring States. follows : - 748 million units of account shall be used in the Article 20 form of non-reimbursable grants; 1 . In addition, a reserv fund is hereby established - 80 million units of account shall be used in the which shall be financed from aid in the form of non­ form of loans on special terms and of contribu­ reimbursable grants provided for in Article 18 to assist tions to the creation of risk capital, in particular the Associated States to deal with particular or unusual by participating in it. occurrences which lead to an exceptional situation (b) up to 90 million units of account by the European having serious repercussion on their economic potential Investment Bank (hereinafter called the ' Bank') in the due to a fall in world prices or to natural disasters such as famine or floods . form of loans extended on the terms set out in Proto­ col No 6 to this Convention and in the Statute of the In the event of such an exceptional situation occurring, Bank . These loans may carry a rebate on the interest. The aggregate cost of the interest rebates on loans the Community may grant aid. Such aid shall be allocat­ ed case by case. It shall either take the form of a cash granted to the Associated States after 1 June 1964 shall be charged against the total of non-reimburs­ payment or, according to the circumstances, any other form. able grants.

Article 19 2. The fund provided for in paragraph 1 shall receive an initial appropriation of 20 million units of account. 1 . Without prejudice to Articles 20 and 21 , the amount fixed in Article 1 8 shall be used for the financing of pro­ At the beginning of the second, third, fourth and fifth jects and programmes adopted as far as possible within years of the application of this Convention the balance the framework of a development programme or plan and not used during the preceding year shall automatically relating to : be made up to the full amount of the initial appropria­ - investment in production and in economic and social tion. infrastructure, in particular with a view to diversi­ fying the economic structure of the Associated States The aggregate of the additional amounts paid in, apart and, especially , to promoting their industrialization from the initial appropriation, shall not exceed 45 mil­ and their agricultural development ; lion units of account.

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However, if at the end of the third year and due to the the Associated State or group of Associated States con­ extent of the occurrences referred to in paragraph 1 , the cerned, take the form of co-financing in which, in parti­ amounts provided for are obviously insufficient, the cular, credit and development bodies and institutions of Council of Association may decide to levy for the aid the Associated States, Member States, third States or provided for in this Article an amount of not more than international finance organizations may take part. IS million units of account on the amount of non-reim­ bursable grants provided for in Article 18. Article 25 1 . In accordance with Articles 22 and 24, the following Article 21 may be recipients of the various forms of Community aid provided for in Article 19 : Associated States ; legal The Community may grant advances from the liquid persons in the Member States or Associated States, assets of the Fund up to a total amount of up to 50 million which are not primarily profit-making, if their work is in units of account in order to alleviate the consequences of the general interest and they are subject to government temporary fluctuations in world prices. control in those States ; producer groups or similar bod­ ies approved by the Community and by the Associated Article 22 States or, in their absence and exceptionally , individual producers themselves ; regional or inter-State bodies in 1 . The Associated States shall, if possible upon the entry which the Associated States take part. into force of this Convention, inform the Commission of their development plans and programmes and of any In addition, the following may be recipients : measures for which they wish to seek financial aid from (a) of non-reimbursable grants for general technical the Community . cooperation : specialist bodies and institutions or, exceptionally, undertakings whose business is the They shall communicate any subsequent modifications training of specialists for others ; and scholarship of such plans or programmes. holders, trainees or persons following training courses ; 2. Documentation shall be transmitted to the Communi­ ty for each project or programme for which financing is (b) of loans from the Bank and rebates on interest there­ requested pursuant to Article 19 or for each advance on, loans on special terms, contributions to the requested pursuant to Article 21 , either by the Associat­ creation of risk capital and any non-reimbursable ed State or group of Associated States concerned or, grants made for technical cooperation linked with with the latter's agreement, by the undertaking or the investments : undertakings applying industrial and regional or inter-State agency concerned. commercial management methods and formed in an Associated State as companies or firms within the However, the Community may put forward proposals meaning of the second paragraph of Article 35 . for projects and programmes for technical cooperation. It shall first secure the consent of the Associated State or 2. The recipients of the aid referred to in Article 20 shall group of Associated States concerned on the broad out­ be the Associated States. The procedure for distributing lines of such projects or programmes. this aid shall be laid down by common accord between the Community and the recipient Associated State or States. Article 23 The Community shall examine requests for financing Article 26 referred to it pursuant to Article 22. It shall maintain 1 . As regards measures financed by the Community , such contacts with the Associated States concerned as it participation in tendering procedures and other proce­ may require in order that its decisions on the project or dures for the award of contracts shall be open, on equal programmes submitted to it may be taken in full know­ terms, to all natural and legal persons of the Member ledge of the facts, and in order to be able to contribute to States and Associated States. the promotion of a harmonious and balanced develop­ ment >of the Associated States as a whole. In examining 2. The provisions of paragraph 1 shall be without preju­ these requests the Community shall take into account the dice to measures intended to assist construction or large particular problems facing the countries which are at the or small-scale production undertakings of the Associated greatest disadvantage in order to ensure that they receive State concerned, or of another Associated State in the appropriate financial and technical aid. The Associated same area, to take part in the execution of public works x State or group of Associated States concerned shall be contracts of limited scope or of contracts for the supply informed of the decision taken on its request. of locally produced goods.

Article 24 Article 27 Aid contributed by the Community for the execution of The fiscal and customs arrangements applicable m the certain projects or programmes may, with the consent of Associated States to contracts financed by the Commu­

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nity shall be laid down by a decision of the Council of report submitted to it by the Commission on the admin­ Association taken at the first meeting following the date istration of the Community's financial and technical aid. of entry into force of this Convention. That report shall take into account the experience gained and the contacts made with the Associated States provided for in Article 23 . It shall be drawn up in colla­ Article 28 boration with the Bank as regards the parts concerning 1 . The amounts allocated for financing projects or pro­ the latter and shall, in particular, set out the position as grammes under this Title shall be expended in accord­ regards the commitment, implementation and utilization ance with the agreed allocations and to the best econom­ of the aid, specifying the type of financing and the reci­ ic advantage. pient State; it shall also give details of any disparities and other irregularities noted, particularly in respect of 2. The management and upkeep of the economic and the principles set out in Article 19 (2). social infrastructure and of the production plant provid­ ed through Community aid shall be the responsibility of the recipients. Article 30 Should an Associated State fail to ratify the Convention Article 29 in accordance with Article 59, or denounce the Conven­ The Council of Association shall lay down the general tion in accordance with Article 64, the Contracting Par­ pattern for financial and technical cooperation within the ties shall adjust the amounts of the financial aid provided framework of the Association on the basis of an annual for in this Convention.

TITLE III

RIGHT OF ESTABLISHMENT, SERVICES, PAYMENTS AND CAPITAL MOVEMENTS

Article 31 Article 34 The rules applied in each Associated State as regards the Services shall be considered to be 'services within the right of establishment or the provision of services shall meaning of this Convention where they are normally not, in law or in fact, constitute, either directly or in­ provided for remuneration, in so far as they are not directly, discrimination between nationals, companies or governed by the provisions relating to trade, the right of firms of individual Member States. establishment or capital movements. Services shall in particular include activities of an industrial, commercial, Nevertheless, nationals, companies or firms of a Member craft or professional nature but not those of employed State, may avail themselves of the first paragraph in res­ persons . pect of a given activity in an Associated State only in so far as the State to which they belong grants similar ad­ Article 35 vantages for the same activity to nationals, companies or firms of the Associated State concerned. For the purpose of this Convention, 'companies or firms' means companies or firms constituted under civil or commercial law, including cooperative societies and other Article 32 legal persons governed by public or private law, save for those which are non-profit-making. Where, in an Associated State, nationals, companies or firms of a State which is neither a Member State nor an ' Companies or firms of a Member State or of an Asso­ Associated State within the meaning of this Convention ciated State' means companies or firms formed in ac­ receive treatment more favourable than that accorded cordance with the law of a Member State or Associated under this Title to nationals, companies or firms of State and whose registered office, central administration Member States, the same treatment shall be extended to or principal place of business is in a Member State or nationals, companies or firms of the Member States, save Associated State; however, a company or firm having where it from regional agreements. only its registered office in a Member State or Associat­ ed State must be engaged in an activity which has an ef­ fective and continuous link with the economy of that Article 33 Member State or Associated State. Subject to the provisions relating to capital movements, the right of establishment shall, for the purposes of this Article 36 Convention, include the right to take up and pursue ac­ tivities as self-employed persons ; to set up and manage At the request of the Community or of the Associated undertakings, in particular companies or firms ; and to States the Council of Association shall examine prob­ set up agencies, branches or subsidiaries. lems raised by the application of Articles 31 to 35 . It

Official Journal of the European Communities 15

shall also take any decision or make any recommenda­ for the alleviation of the consequences of fluctuations tion required for the application thereof. in the prices of products ; - to make available to the Bank the currency necessary for the transfer of all the sums representing the reve­ Article 37 nue and proceeds from transactions contributing to Each Signatory State undertakes, in so far as it has the creation of risk capital of undertakings. powers in such matters, to authorize any payments con­ nected with movements of goods, services or capital, A rticle 39 and with earnings, and the transfer of such payments to the Member State or Associated State in which the credi­ 1 . The Associated States shall endeavour to apply liber­ tor or the beneficiary resides, to the extent that the move­ al exchange arrangements to investments and current ment of goods, services, capital and persons has been payments connected with capital movements resulting liberalized pursuant to this Convention. therefrom, where these are made by persons residing in the Member States .

2 . The Associated States shall treat nationals and com­ Article 38 panies and firms of Member States on an equal footing Throughout the period of subsistence of the loans and in respect of their investments and the capital move­ participations provided for in Articles 6, 7, 8, 9 and 1 1 ments resulting therefrom. of Protocol No 6 to this Convention, the Associated States undertake : Article 40 - to make available to debtors the currency necessary for the payment of interest and commission on and The Council of Association shall formulate such recom­ amortization of loans granted for the execution of mendations to the Contracting Parties as may be neces­ projects in their territory and for the repayment of sary concerning the application of Articles 37, 38 and advances or loans granted to the bodies responsible 39 .

TITLE IV

THE INSTITUTIONS OF THE ASSOCIATION

Article 41 Article 43 The institutions of the Association shall be : The office of President of the Council of Association shall be held alternately by a member of the Council of - a Council of Association, assisted by a Committee of the European Communities and a member of the Govern­ Association; ment of an Associated State. - a Parliamentary Conference of the Association ; - an Arbitration Court of the Association.

Article 44 Article 42 The Council of Association shall meet once a year on The Council of Association shall consist of the members the initiative of its President . of the Council and of members of the Commission of the The Council of Association 'shall also meet whenever European Communities on the one hand, and ofa member of the Government of each Associated State on the other. necessary in accordance with its rules of procedure.

Any member of the Council of Association unable to Article 45 attend a meeting may be represented. Such representa­ tive shall exercise all the rights of the member. The Council of Association shall act by mutual agree­ ment between the Community and the Associated States. The proceedings of the Council of Association shall be valid only if half the members of the Council of the Euro­ The Community on the one hand, and the Associated pean Communities, one member of the Commission and States on the other, shall each determine by an internal half the members representing the Governments of the protocol the procedure for arriving at their respective Associated States are present. positions.

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Article 46 Article 51 The Council of Association shall have the power to take The secretariat of the Council of Association and of the decisions in the circumstances referred to in this Con­ Committee of Association shall be provided on* an equal vention ; such decisions shall be binding on the Contract­ basis, it shall operate in accordance with the rules of ing Parties, who shall take the necessary measures to procedure of the Council of Association. implement the decisions.

Article 52 The Council of Association may likewise formulate such resolutions, recommendations or opinions as it may con­ The Parliamentary Conference of the Association shall sider necessary to achieve the common objectives and to meet once a year. It shall consist of an equal number of ensure the smooth functioning of the Association ar­ members of the European Parliament and of members of rangements . the Parliaments of the Associated States .

The Council of Association shall periodically review the The Council of Association shall submit annually a results of the Association arrangements, account being report on its activities to the Parliamentary Conference. taken of the objectives of this Association . The Parliamentary Conference may pass resolutions on The Council of Association shall adopt its rules of matters concerning the Association. It shall appoint its procedure. President and its officers and shall adopt its rules of procedure. Article 47 The Parliamentary Conference shall be prepared by a The Council of Association shall be assisted in the per­ Joint Committee set up on an equal basis. formance of its tasks by a Committee of Association consisting, on the one hand, of a representative of each Member State and a representative of the Commission Article 53 and, on the other, of a representative of each Associated State. 1 . Any dispute arising between one Member State, several Member States or the Community on the one hand, and one or more Associated States on the other; Article 48 concerning the interpretation or application of this Con­ The chairman of the Committee of Association shall be vention, shall be submitted by one of the parties to the a representative of State which is in office as President of dispute to the Council of Association, which shall seek the Council of Association . an amicable settlement thereof at its next meeting. If the Council of Association cannot settle the dispute or if the The Committee of Association shall adopt its rules of parties to the dispute fail to agree upon an appropriate procedure, which shall be submitted to the Council of method of settlement, the dispute shall, at the request of Association for approval. either party, be submitted to the Arbitration Court of the Association . v

Article 49 2 . The Arbitration Court shall consist of five members : 1 . In its rules of procedure the Council of Association a President who shall be appointed by the Council of shall lay down the functions and powers of the Commit­ Association and four judges chosen from persons of re­ tee of Association, with the object of ensuring the con­ cognized independence and competence. The judges shall tinuity of cooperation necessary for the smooth function­ be appointed by the Council of Association within three ing of the Association . months from the entry into force of the Convention and for the duration thereof. Two of the judges shall be ap­ 2 . The Council of Association may , where necessary pointed on the proposal of the Council of the European and on the terms and within the limits laid down by the Communities and the other two on the proposal of the Council, delegate to the Committee of Association the Associated States. Following the same procedure, the powers entrusted to it by this Convention. Council of Association shall, for each judge, appoint an alternate who shall sit in the event of the judge being In that event, the Committee of Association shall act as unable to do so. provided for in Article 45 . 3 . The Arbitration Court shall decide by a majority of the votes cast. Article 50 The Committee of Association shall report to the Coun­ 4. . The decisions of the Arbitration Court shall be bind­ cil of Association, particularly as regards matters which ing on the parties to the dispute who shall take all neces­ have been the subject of delegated powers. sary measures to carry them out.

It shall also submit any pertinent proposals to the Coun­ 5 . The Statute of the Arbitration Court is set out in Pro­ cil of Association . tocol No 8 to this Convention. On the proposal of the

Official Journal of the European Communities 17

Arbitration Court, the Council of Association may the Community and representatives of the various trades amend that Statute. and professions of the Associated States.

6. The Arbitration Court shall, at its first session, adopt its rules of procedure. Article 55 Article 54 The operating expenditure of the institutions of the Associ­ The Council of Association may make any appropriate ation shall be met as provided in Protocol No 10 to this recommendation in order to facilitate contacts between Convention.

TITLE V

GENERAL AND FINAL PROVISIONS

Article 56 3. As regards those States which have not ratified the Convention by the date of its entry into force as provid­ No treaty, convention, agreement or arrangement of any kind between one or more Member States and one or ed for in paragraph 1 , the provisions of the Convention shall become applicable on the first day of the month fol­ more Associated States shall preclude the application of this Convention. lowing the deposit of their respective instruments of ratif­ ication. Article 57 The Signatory States which ratify the Convention in This Convention shall apply to the European territories accordance with paragraph 2 shall recognize the validity of the Member States and to the territories of the Asso­ of all measures taken in implementation of that Conven­ ciated States . tion between the date of its entry into force and the date when its provisions become applicable to them. Without Title I of this Convention shall also apply to relations prejudice to any extension which might be granted to between the French overseas departments and the Asso­ than by the Council of Association, they shall, not later ciated States. than six months following the deposit of their instru­ ments of ratification, carry out all the obligations dev­ Article 58 olving upon them under this Convention or under imple­ As regards the Community, this Convention shall be val­ menting decisions adopted by the Council of Association. idly concluded by a decision of the Council of the Euro­ pean Communities taken in conformity with the Treaty 4. The rules of procedure of the institutions of the Associ­ ation determine whether and under what conditions the and notified to the Parties. It shall be ratified by the Sig­ natory States in conformity with their respective consti­ representatives of the Signatory States which, on the date tutional requirements. of entry into force of the Convention have not yet ratified it, may attend meetings of the institutions of the Asso­ The instruments of ratification and the act of notification ciation as observers. The provisions thus adopted shall of the conclusion of the Convention shall be deposited be effective only until the date on which the Convention with the Secretariat of the Council of the European becomes applicable to those States; at all events, they Communities who shall advise the Signatory States of shall cease to apply on the date on which, pursuant to the deposit thereof. paragraph 2, the State concerned may no longer ratify the Convention. Article 59 Article 60 1 . This Convention shall enter into force on the first day of the month following the deposit of the instruments of 1 . The Council of Association shall be informed of any ratification of the Member States and of at least 15 of the request by a State for membership of, or association Associated States, and of the act of notification of the with, the Community. conclusion of the Convention by the Community. 2. Any request for association with the Community by a 2. An Associated State which has not ratified the Con­ State whose economic structure and production are vention by the date of its entry into force as provided for comparable with those of the Associated States, and in paragraph 1 shall be able to do so only within 12 which, after examination by the Community, has been months following such entry into force, unless before the referred by the latter to the Council of Association, shall expiry of that period it gives notice to the Council of be the subject of consultations within the Council of Association of its intention to ratify the Convention not Association. later than six months following that period, and on con­ dition that it deposits its instruments of ratification with­ 3. An Agreement of Association between the Commu­ in that time. nity and a State covered by paragraph 2 may provide for

18 Official Journal of the European Communities

the accession of that State to this Convention. That State Associated States which, owing to international obliga­ shall then enjoy the same rights and be subject to the tions applying at the time of the entry into force of the same obligations as the Associated States . However, the Treaty and making them subject to a special customs Agreement which associates that State with the Commu­ treatment, consider themselves not yet able to offer the nity may determine the date on which certain of those Community the reciprocity provided for by Article 3 ( 1). rights and obligations shall become applicable to it.

Such accession shall not adversely affect the benefits The Contracting Parties concerned shall re-examine the accruing to the Associated States signatories to this situation not later than three years after the entry into Convention from the provisions on financial and techni­ force of the Convention. cal cooperation.

Article 61 Article 64 This Convention is concluded for a period of five years This Convention may be denounced by the Community from the date of its entry into force and shall expire on in respect of any Associated State, and by any Associ­ 3 1 January 1975 at the latest. ated State in respect of the Community, subject to six months' notice.

Article 62 Article 65 Eighteen months before the expiry of this Convention the The Protocols annexed to this Convention shall form an Contracting Parties shall examine any provisions which integral part thereof. might be made for a further period. Article 66 The Council of Association shall take any transitional This Convention, drawn up in a single original in the measures required until the new Convention enters into Dutch, French, German and Italian languages, each of force. these texts being equally authentic, shall be deposited in the archives of the Secretariat of the Council of the Euro­ Article 63 pean Communities, which shall transmit a certified copy The Community and the Member States shall assume the thereof to the Government of each of the Signatory obligations laid down in Articles 2 and 6 in respect of States .

Done at Yaounde this twenty-ninth day of July in the year one thousand nine hundred and sixty-nine.

For His Majesty the King of the Belgians : Charles HANIN

For the President of the Federal Republic of Germany : Gerhard JAHN

For the President of the French Republic : Yvon BOURGES

For the President of the Italian Republic : Mario PEDINI

For His Royal Highness the Grand Duke of Luxembourg : Albert BORSCHETTE

For Her Majesty the Queen of the Netherlands : Joseph M.A.H. LUNS

For the Council of the European Communities Joseph M.A.H. LUNS

Jean REY

Subject to the reservation that the European Economic Community shall not be finally bound until notification has been given to the other Contracting Parties of the completion of the procedures required by the Treaty establishing the European Economic Community.

Official Journal of the European Communities 19

For the President of the Republic of Burundi : Lazare NTAWURI SHIRA

For the President of the Federal Republic of Cameroon : Vincent EFON

For the President of the Central African Republic : Louis ALAZOULA

For the President of the Republic of Chad : Abdoulay LAMANA

For the President of the Democratic Republic of the Congo : Crispin KASASA

For the President of the Republic of the Congo ( Brazzaville), Head of State : Charles SIANARD For the President of the Republic of Dahomey : Daouda BADAROU

For the President of the Gabonese Republic : Emile KASSA MAPS!

For the President of the Republic of the Ivory Coast : Konan BEDIE

For the President of the Malagasy Republic : Jacques RABEMANANJARA

For the Head of State of the Republic of Mali : Jean-Marie KONE

For the President of the Islamic Republic of Mauritania : Mokhtar Ould HAIBA

For the President of the Republic of Niger : Alidou BARKIRE

For the President of the Republic of Rwanda : Sylvestre NSANZIMANA

For the President of the Republic of Senegal : Jean COLLIN

For the President of the Somali Republic : Ahmed DUALE

For the President of the Republic of Togo : Paul n EKLOU

For the President of the Republic of Upper Volta : Pierre Claver DAMIBA

20 Official Journal of the European Communities

PROTOCOLS

PROTOCOL No I on the application of Article 2 (2) of the Convention of Association

THE HIGH CONTRACTING PARTIES, Article 2 HAVE AGREED upon the following provisions, which shall If products originating in the Associated States and spe­ be annexed to the Convention : cified in the first indent of Article 2 (2) of the Convention are liable to customs duties on importation into the Community and if under the common agricultural policy Article 1 there is no provision for trade in those products with 1 . After consultation within the Council of Association, third countries, their importation into the Community the Community shall determine, case by case, what shall, notwithstanding Article 1 , be governed by Article treatment is to be applied to imports of each of the prod­ 2 ( 1) of the Convention. ucts or groups of products referred to in Article 2 (2) of Articles the Convention and originating in the Associated States where the latter have an economic interest in exporting 1 . The treatment laid down for the various products on such products. the basis of this Protocol shall apply until the expiry of the Convention. The treatment which the Community applies to these products shall be more favourable than the general treat­ 2. However, in the event of a change in the Community ment applied to like products originating in third coun­ organization of markets, the Community reserves the tries . right to modify the treatment laid down, after consulta­ tion within the Council of Association. 2. However, the Community may, exceptionally, refrain from applying special treatment to a particular product In that event, the Community undertakes to extend to the from the Associated States if the economic situation in Associated States under the new treatment advantages the Community in respect of that product so justifies. comparable to those which they enjoyed previously .

PROTOCOL No 2 on the application of Article 3 of the Convention of Association

THE HIGH CONTRACTING PARTIES, - their need to balance then* payments and to counter difficulties arising mainly from their efforts to expand HAVE AGREED upon the following provisions, which shall their domestic markets but also from instability in their be annexed to the Convention : terms of trade; - the need to achieve a rapid and substained increase in export earnings. Article ! Article 2 The development needs of the Associated States referred 1 . Each Associated State shall communicate to the to in Article 3 (2) of the Convention are those arising from : Council of Association, within three months following the entry into force of this Convention, the customs tariff - the implementation of economic development pro­ or the complete list of customs duties and charges having grammes aimed at raising the general standard of equivalent effect which the Associated State levies on living in the country in question; imports of products originating in the Community and in - their requirements for economic development, in par­ third countries. ticular for promoting new branches of production with a view to raising the country's general standard In the communication each Associated State shall speci­ of living ; fy the customs duties and charges having equivalent ef­

Official Journal of the European Communities 21

feet which, by virtue of Article 3 (2) of the Convention, ures mentioned in paragraph 1 before their entry into will continue to apply to products originating in the force. If such consultations have not been held within Community . two months following the date of the communication, the Associated State concerned may apply the proposed 2. At the request of the Community , consultations shall measures . be held within the Council of Association on the customs tariffs or lists mentioned in paragraph 1 . In justifiable cases of urgency these measures may be put into force provisionally even before consultation on condition that the Council of Association is simulta­ neously informed thereof. Article 3 Article 4 1 . Each Associated State shall inform the Council of Association in good time of any customs duties or 1 . For the purpose of levying customs duties and charges having equivalent effect which it is proposed to charges having equivalent effect, which have been main­ introduce or increase pursuant to Article 3 (2) of the tained or introduced pursuant to Article 3 (2) of the Convention. Convention, the customs Value of the goods shall be the price that they would actually fetch, at the place and The communication shall give the economic and finan­ time of their introduction into the customs territory, in a cial information which is required in order to assess sale in the open market between a buyer and a seller who whether such measures should be( introduced or main­ are independent of each other. tained. 2. At the request of the Community, consultations shall 2. At the request of the Community consultations shall be held within the Council of Association on the applica­ be held within the Council of Association on the meas­ tion of this Article.

PROTOCOL No 3 on .the application of Article 7 of the Convention of Association

THE HIGH CONTRACTING PARTIES, tion, together with all the explanations required in order to assess whether they should be introduced. HAVE AGREED upon the following provisions, which shall be annexed to the Convention : At the request of the Community, consultations on the measures shall be held within the Council of Association Article 1 within one month . The development needs mentioned in Article 7 (2) of the Convention are those listed in Article 1 of Protocol In justifiable cases of urgency, in particular in respect of No 2 . the agricultural products of the Associated States, the measures may be put into force provisionally even before Article 2 consultation on condition that the Council of Associ­ ation is simultaneously informed thereof. 1 . Quantitative restrictions and measures having equi­ valent effect, which were in force on the date of the entry 3 . The Council of Association shall hold the consulta­ into force of the Convention and which have been main­ tions referred to in paragraphs 1 and 2 within two tained by the Associated States by virtue of Article 7 ( 2) months following the date of the communication. If con­ of the Convention, shall be notified to the Council of sultations do not take place within that period, the Asso­ Association not later than three months after the entry ciated State concerned may maintain or introduce the into force of the Convention, together with all the expla­ measures in question. nations required in order to assess whether they should be introduced. A rticle 3 The measures mentioned in Article 2 shall be applied At the request of the Community consultations shall be subject to the condition that the Associated State con­ held within the Council of Association on these meas­ cerned maintains import possibilities without discrimina­ ures . tion in respect of products originating in the Communi­ ty- 2 . The Associated States shall inform the Council of Association in good time of any quantitative restrictions These measures must be progressively relaxed so as to be and measures having equivalent effect which they intend eliminated as far as possible by the end of a period to be to introduce in pursuance of Article 7 (2) of the Conven­ determined in each case.

22 Official Journal of the European Communities

Article 4 Council of Association, suspend imports of that product for a limited period to be determined case by case, if it Where difficulties arise in the marketing of a particular can show that such difficulties exist and supplies all the product on the domestic market of an Associated State, explanations required in order to assess whether imports that State may , notwithstanding Article 3 and on condi­ of that product should be prohibited . tion that prior consultations have been held within the

PROTOCOL No 4 on the application of the Convention of Association and the conclusion of international agreements on the granting of generalized preferences

THE HIGH CONTRACTING PARTIES ,

DESIRING to define their position on the compatibility of the preferences which are granted by the Associated States to the European Economic Community, with the generalized preferences within the framework of the United Nations Conference on Trade and Development.

HAVE AGREED upon the following provisions, which shall be annexed to the Convention :

The provisions of the Convention, in particular Article 3 thereof, do not conflict with the in­ troduction of a generalized system of preferences and do not prevent the Associated States from participating therein .

PROTOCOL No 5 on measures to be taken by the High Contracting Parties concerning their mutural interests, in particular in respect of tropical products

THE HIGH CONTRACTING PARTIES,

HAVE AGREED upon the following provisions, which shall be annexed to the Convention :

1 . The Contracting Parties agree to take account of their mutual interests at international level in accordance with the principles which are the basis of the Convention.

2. To that end, they shall ensure the necessary cooperation, particularly through consulta­ tions within the Council of Association, and shall assist each other in every way possible.

3 . Such consultations shall be held particularly for the purpose of carrying out, by common consent and at international level, appropriate measures to solve problems arising from the disposal and marketing of tropical products .

PROTOCOL No 6 on the administration of Community aid

THE HIGH CONTRACTING PARTIES , (a) directly productive investments, especially in indus­ try and tourism ; HAVE AGREED upon the following provisions, which shall Ua onnovA/l ts-i itkA f~* Am;onfmn '

CHAPTER 1 (b) development measures for the economy of rural areas, in particular measures to improve the struc­ Nature of operations ture of production, to diversify output and to in­ crease productivity , in particular through short-term A rticle 1 measures. These development measures may include The investments provided for in Article 19 of the Con­ specific applied research forming part of integrated vention shall comprise : projects ;

Official Journal of the European Communities 23

(c) investments in economic and social infrastructure, Article 4 including infrastructure . designed to stimulate the The purposes of the marketing and sales promotion aid local development of industry and crafts. provided for in Article 19 of the Convention are : to improve the structure and working methods of or­ ganizations, services or undertakings contributing to the Article 2 development of the external trade of the Associated The technical cooperation linked with investments States or to promote the creation of such organizations, provided for in Article 19 of the Convention includes : services or undertakings ; (a) planning and special and regional development (b) to promote participation by the Associated States in studies; international trade fairs and exhibitions ; (b) technical, economic and commercial studies, and (c) to train external trade and sales promotion speci­ research and advance planning required to prepare alists ; projects; (d) to undertake market surveys and market research (c) aid in the preparation of documentation; and to encourage use of their results ; (d) aid in the execution and supervision of work ; (e) to improve the dissemination of information in the Community and the Associated States with a view to (e) temporary aid for establishment, launching and oper­ developing trade. ation of a specific investment or of installations, in­ cluding where necessary the training of personnel for the operation and maintenance of the investment or installations ; CHAPTER II (0 temporary responsibility for the cost of technicians and of the provision of consumer goods necessary to Methods of financing the proper execution of an investment project. Article 5 1 . Projects and programmes may be financed , by non­ Articles reimbursable grants, by loans on special terms, by loans from the Bank with or without interest rebates or by The general technical cooperation provided for in Article several of these methods in combination . 19 of the Convention includes : (a) the grant of scholarships for studies, training courses Furthermore, undertakings applying industrial and and postal tuition to provide, as a general rule in the commercial management methods may , in respect of Associated States, for the vocational training of the their investments, receive contributions to the creation of nationals thereof; their risk capital. (b) the organization of specific training programmes in 2. The technical cooperation provided for in Articles 2 , the Associated States, in particular for the staff of 3 and 4 of this Protocol and the aid provided for in Arti­ public services and institutions of the Associated cle 20 of the Convention shall, however, be financed States or of undertakings therein; through non reimbursable grants. (c) at the request of the Associated States, the provision of experts, advisers, technicians and instructors of the Member States or the Associated States, for spe­ Article 6 cific missions and for limited periods; Loans for the financing of economic investment projects (d) the supply of experimental and demonstration equip­ shall be granted either direct to the recipient, or, where ment ; appropriate, through the State concerned or through a (e) the organization of short training courses for nation­ national or multinational organization undertaking the als of the Associated States and advanced training financing of development measures . courses for civil servants of those States; The terms and conditions according to which the ulti­ (0 sectoral studies; mate recipient receives the loans through the intermedi­ (g) studies of the prospects and opportunities for eco­ ary borrower shall be drawn up simultaneously and by nomic development and diversification in the Asso­ common accord between the intermediary borrower and ciated States, and of problems of interest to the As­ the Community institutions responsible for granting the sociated States as a whole; loan. (h) general information and documentation to promote Article 7 the economic and social development of the Asso­ ciated States, the development of trade between those 1 . Investment projects of general benefit to the economy States and the Community , and the achievement of of the Associated State in which they are executed may the aims of financial and technical cooperation. be financed wholly or partly by means of loans on spe­

24 Official Journal of the European Communities

cial terms where the financial viability of such projects Specifically , where these difficulties result from a fall in and the economic situation of the Associated State con­ world prices, account shall be taken , Vhen giving consi­ cerned so allow . deration to the grant of such aid, to the importance of the product or products concerned to the economy of the 2. Such loans may be granted for a period of up to 40 State in question and the economic situation in that years and for a redemption-free period of up to 10 years. State. It shall be granted on favourable interest terms . Article 11 3 . The Community shall lay down the terms for these 1 . Requests for advances provided for in Article 21 of loans and the rules for payment and repayment. the Convention shall be submitted either by the national or inter-State institutions responsible for alleviating the consequences of fluctuations in the price of products or, Articles with the consent of the Associated State or States con­ 1 . Scrutiny by the Bank of the eligibility of projects and cerned, by producer groups. the granting of loans from its own resources shall be ef­ fected in accordance with the rules, conditions and 2. Advances shall be for a maximum of three years irres­ procedures provided for in its Statute, consideration pective of the period of application of the Convention. being given to the economic situation of the State con­ Advances shall be free of interest for the period of cerned . repayment specified.

2. The redemption period of each loan from the Bank 3 . The repayment of advances and the payment of any shall be determined on the basis of the economic and fi­ compensation in respect of delayed payments shall be nancial characteristics of the project : that period may guaranteed by the Associated State or States concerned. not exceed 25 years.

o 3 . The rate of interest shall be the rate charged by the CHAPTER III Bank at the time of signature of the loan. Interest rebates on these loans may not reduce to less than 3% the rate of Use of aid interest which the recipients will actually bear. However, in the case of loans granted through State-controlled Article 12 development financing institutions , the minimum rate to 1 . The documentation prepared in accordance with Ar­ be borne by the intermediary borrower may not be less ticle 22 ( 2) of the Convention shall be submitted to the than 2 %. Community through the Commission. 4. The total value of interest rebates at the time of signa­ However, projects for which either a loan from the Bank, ture of the loan , calculated at a rate and according to with or without interest rebates, or a contribution to the rules to be laid down by the Community , shall be paid creation of risk capital is requested shall be submitted direct to the Bank . to the Bank . Article 9 2. The method of financing indicated in the request shall In order to encourage the execution of projects of general not prejudge the method of financing to be adopted by interest to the economy of the Associated State in which the Community . they are to be executed, the Community may contribute to the formation of risk capital by participating in it or Article 13 by other appropriate methods, in such a way as to in­ 1 . Financial aid may be used to cover import expenses crease the resources of the recipients referred to in Arti­ and the local expenditure necessary for the execution of cle 25 of the Convention . approved investment projects. These contributions shall be of minority nature. They 2. Such aid may not be used to cover current adminis­ may be made in conjunction with a loan from the Bank , trative, maintenance and operating expenses . or, exceptionally , with a loan on special terms.

Article 14 Article 10 The provisions relating to monopolies and quantitative Requests relating to the aid provided for in Article 20 of restrictions retained or introduced pursuant to Article 7 the Convention shall , on submission to the Community , of the Convention and Protocol No 3 shall not apply to be accompanied by all the economic and financial infor­ imports into an Associated State where such imports are mation required to enable an assessment to be made of financed out of Community aid. the consequences for the economy of the State concerned of the particular and unusual occurrences justifying The Community and the Associated States shall collabo­ grant of exceptional aid by the Community . rate in all measures necessary to ensure that the amounts

Official Journal of the European Communities 25

allocated by the Community are used in accordance with 2. The Governments of the Associated States and, Articles 26 and 28 of the Convention . where appropriate, the institutions or other specialised organizations of the Member States or of the Associated States shall be responsible for the execution of technical Article 16 cooperation measures submitted by their Governments. The general clauses and conditions applicable to the award and execution of public work contracts financed by the Fund shall be the subject of joint rules adopted, Article 18 on a proposal of the Commission, by a decision of the Council of Association at its first meeting following the The financial and administrative expenses of the Fund entry into force of the Convention. and the cost of supervising projects and programmes shall be charged to the funds allocated to non-reimburs­ able grants. Article 17 1 . The competent authorities of the Associated States Article 19 shall be responsible for the execution of the projects submitted by their respective Governments and financed A representative of the Bank shall attend the meetings of by the Community. Furthermore, undertakings and re­ the Council of Association and of the Committee of gional or inter-State institutions shall be responsible for Association whenever items relating to fields with which executing the projects which they submitted. it is concerned are on the agenda.

PROTOCOL No 7 on the value of the unit of account

THE HIGH CONTRACTING PARTIES , and on the basis of the par value communicated to the International Monetary Fund for that convertible cur­ HAVE AGREED upon the following provisions, which shall rency . be annexed to the Convention :

Article 1 Article 3 The value of the unit of account used to express amounts The unit of account defined in Article 1 shall remain mentioned in the Convention of Association or in the unchanged throughout the period of application of the provisions made in implementation thereof shall be 0*88867088 grammes of fine gold. Convention. If, however, before the end of that period a uniform proportionate change in the par values of all currencies in relation to gold should be decided by the Articles International Monetary Fund under Article IV, Section 7, of its Articles of Agreement, the weight of fine gold The parity of the currency of a Member State m relation contained in the unit of account shall altar in inverse to the unit of account defined in Article 1 shall be the ratio to that change. relation between the weight of fine gold contained in the unit of account and the weight of fine gold corresponding to the par value of that currency communicated to the If one or more Member States do not-apply the Decision International Monetary Fund. If no par value has been taken by the International Monetary Fund referred to in communicated or exchange rates differing from the pari­ the preceding subparagraph, the weight of fine gold con­ ty by a margin exceeding that authorized by the Interna­ tained in the unit of account shall alter in inverse ratio to tional Monetary Fund are applied to current payments, the change decided by the International Monetary Fund. the weight of fine gold corresponding to the parity of the However, the Council shall examine the situation thus currency shall be calculated on the basis of the exchange created and shall take the necessary measures acting by rate for a currency directly or indirectly expressed in and a qualified majority after receiving a proposal from the convertible into gold which is applied in the Member Commission and the opinion of the Monetary Commit­ State to current payments on the day of the calculation, tee.

26 Official Journal of the European Communities

PROTOCOL No 8 on the Statute of the Arbitration Court of the Association

THE HIGH CONTRACTING PARTIES, If, for some special reason, the President considers that one of the judges of the Court should not sit in a particu­ HAVE AGREED upon the following provisions, which shall be annexed to the Convention : lar case, he shall put the question to the Court , which shall give a ruling thereon.

Article 1 The Court established under Article 41 of the Conven­ Articled tion shall be constituted and shall perform its duties in In the event of a judge being unable to attend, his alter­ accordance with the provisions of the Convention and of nate shall replace him temporarily under the conditions this Statute. laid down in Article 1 1 (3); should this alternate likewise be unable to attend, the alternate of the other judge ap­ pointed on the same list of nominees shall replace him Chapter I under the same conditions .

Members of the Court Article 7 Article 2 In the event of the President being unable to attend, for The judges and alternate judges shall be appointed for any reason other than death, the Council of Association the period of the Convention. In the event of the death or may assign a person to replace him provisionally in re­ resignation of a judge or of an alternate judge, the Presi­ spect of all or part of his functions. dent of the Court shall notify the Council of Association which shall immediately appoint a new judge or alter­ nate judge on the recommendation of the Council of the Articles European Communities or the Associated States, as the case may be. The members of the Court shall, to enable them to per­ form their duties, be entitled to the privileges, immunities Judges and alternate judges who have resigned shall con­ and facilities normally accorded to members of interna­ tinue to hold office until their successor has been ap­ tional law courts or international arbitration tribunals . pointed. In this connection they shall be entitled to legal immuni­ Article 3 ty in respect of acts performed by them in their official capacity . They shall retain this immunity after the expiry Members or alternate members of the Court shall, in of their term of office. open court, take an oath to perform their duties con­ scientiously and with complete impartiality and to pre­ The Court may suspend the immunities provided for in serve the secrecy of the deliberations . This oath shall be this Article with the exception of immunity in respect of taken at the first public sitting following their appoint­ acts mentioned in the preceding paragraph . ment , in the manner prescribed by the national laws of the member or alternate member concerned.

Article 4 Chapter II The President of the Court shall be appointed for the per­ iod of the Convention . In the event of the death or resig­ Organization and services of the Court nation of the President , the Court shall inform the Coun­ cil of Association, which shall immediately appoint a Article 9 new President . The Court shall sit at the place where the Court of Jus­ tice of the European Community sits. Where the President resigns , he shall continue to hold office until his successor has been appointed.

Article 10 A rticle 5 The services for the Court shall be provided by the Re­ If, for some special reason, one of the members of the gistry of the court of Justice of the European Commu­ Court considers that he should not sit in a particular nities; in particular, the functions of Registrar of the case, that member shall so inform the Court, which shall Court shall be exercised by the Registrar of the Court of give a ruling on the question. Justice of the European Communities.

Official Journal of the European Communities 27

Chapter III Article 16 The Registry shall submit a copy of the application to Functioning of the Court the Council of Association, which shall communicate it to the Member States , to the Community and to the As­ Article 11 sociated States who may, until the completion of the The President shall convene the Court, whenever this is written proceedings provided for in the Rules of Proce­ required. dure, submit their observations, in writing, to the Court without thereby being considered as becoming parties to The sessions and deliberations of the Court shall be valid the dispute. only when the President and four judges are present. Where this Statute provides for the opening of oral pro­ An alternate judge who is called upon to sit in a case ceedings, States which have submitted written observa­ shall continue to do so until the dispute is settled. tions may be represented in Court. This provision shall also apply to the Community .

Article 12 Article 17 The parties shall be represented by one or more agents appointed for the purpose. The agent may be assisted by The deliberations of the Court shall be and shall remain a lawy er entitled to practise before a Court of a Member secret. State or of an Associated State, or by a university teach­ er being a national of a Member State or Associated Article 18 State whose internal law accords him a right of audience. The awards of the Court shall state the reasons on which they are based; they shall contain the names of the judges who took part in the deliberations. Article 13 Such agents, advisers and lawyers shall, when they ap­ They shall be read in open court. peal before the Court enjoy the customary privileges and immunities throughout the performance of their task , In matters of costs, the Court shall rule ex aequo et including the time spent travelling in this connection. bono.

They shall in particular enjoy immunity from legal proceedings ii} respect of their words, both spoken and Article 19 written, relating to the case. Any of the four languages mentioned in Article 66 of the Convention may be used before the Court, in both written The Court may waive the privileges and immunities and oral proceedings . Whenever one of the parties or a provided for in the first paragraph where it considers Member State or Associated State, availing itself of the that such waiver would not be detrimental to the case. provisions of Article 16, requests the translation of docu­ ments or pleadings, such translations shall be undertaken Article 14 by the Registry.

The proceedings shall be based on argument on both Article 20 sides ; the details thereof shall be established by this Sta­ tute and the Rules of Procedure of the Court. The Court may mstitute preparatory inquiries, or order such inquiries to be made. Article 15 Witnesses duly summoned to appear before the Court A case shall be brought before the Court by submis­ shall comply with such summons and be present at the sion of a written application to which the defendant shall hearing. be given the opportunity to reply within a time-limit to be set by the President. The Court may report to the national authorities any cases of perjury, defaulting witnesses or attempts to su­ The application shall contain : born witnesses . - the subject-matter of the dispute; Article 21 - a brief statement of the facts establishing that an ami­ cable settlement has not been reached by the Council The Court may require the parties to produce all docu­ ments and to supply all information which the Court of Association and that the parties have not agreed on a suitable mode of settlement; considers necessary .

- the plaintiffs submissions; The Court may also require the Council of Association, - a brief statement of the grounds on which the applica­ the Community, Member States or Associated States not tion is based. being parties to the dispute to supply all information

28 Official Journal of the European Communities

which the Coiart considers necessary for the settlement of Chapter IV the dispute. ^ Operating expenditure of the Court Article 22 Article 24 Whenever the Court decides, either at the request of one of the parties or of its own motion, to institute a special The travel and subsistence expenditure incurred by the inquiry it shall order the parties or one of the parties to members of the Court, for which provision is made in deposit m a special account the amount of money which Article 3 (2) of Protocol No 10, shall be met by advances it consifes will fee required in order to carry out such provided by the Court of Justice of the European Com­ mquMes., munities .

When deciding on costs, the Court shall also rule on At the end of each year the President of the Arbitration the apportionment of that amount. Court shall forward an account of sums paid out for this purpose, together with a special report on expenditure incurred and all documentary evidence of accounts Article 23 relating thereto, to the Council of Association. Recoverable costs shall include the actual expenditure incurred by She parties in defending their rights, includ­ This account shall be approved by the Council of Asso­ iKg the cost of tkeir travel and subsistence and the remu­ ciation, which shall order the repayment within two neration of an agent o:c a lawyer representing or assisting months of its decision. The Community shall pay one them in Court, and also costs in respect of any special half of the account and the other half shall be borne by inquiry within the meaning of Article 22. the Associated States .

PROTOCOL No 9 on privileges and immunities

THE HIGH CONTRACTING PARTIES, and whereas Article 2 of the said Internal Protocol re­ cognized the Coordinating Council as having legal per­ Desiring, by the conclusion of a Protocol on privileges sonality : and immunities, to facilitate the smooth functioning of the Association, the preparation of its work and the im­ HAVE AGREED upon the fol'owing provisions, which shall plementation of the measures adopted for its application ; be annexed to the Convention :

Whereas it is therefore necessary to specify the privileges and immunities which may be claimed by persons parti­ Chapter I cipating in work relating to the application of the Con­ vention and to the arrangements applicable to official Persons taking part in the work of the Association communications connected with such work, without pre­ judice to the provisions of the Protocol on the privileges Article 1 and immunities of the European Communities, signed at Brussels on 8 April 1965 ; The Representatives of the Governments of the Member States and of the Associated States and the Representa­ Whereas it is also necessary to lay down the treatment to tives of the institutions of the European Communities, be accorded to the property, funds and assets of the as also their advisers and experts and the members of the Coordinating Council and its staff; staff at the Coordinating Secretariat taking part, in the territory of the Member States or of the Associated Whereas the Protocol concerning the measures to be States, in the work either of the institutions of the Asso­ taken for the application of Article 45 of the Convention, ciation or of the coordinating bodies , or in work connect­ signed this day by the Associated States, has established ed with the application of the Convention, shall enjoy the as a coordinating body for the Associated States a Coor­ customary privileges, immunities and facilities while dinating Council, composed of the African and Malaga­ carrying out their duties and while travelling to or from sy members of the Council of Association set up by the the place at which they are required to carry out such Convention of Association, assisted by a Coordinating duties. Committee composed of the African and Malagasy members of the Committee of Association set up by the The provisions of the preceding paragraph s&aSl also ap­ said Convention; whereas that Council and that Com­ ply to members of the Parliamentary ■r'onferencs of the mittee are to be assisted by a Coordinating Secretariate, Association. Members of the Arbitr : : jn Com:: oi the

Official Journal of the European Communities 29

Association, officials and employees of these institu­ nity, the institutions of the Association and the coor­ tions, and also to the members of the agencies of the dinating bodies shall enjoy in the territory of the Signa­ European Investment Bank and its staff. tory States the treatment accorded to international orga­ nizations. Chapter II Official correspondence and other official communica­ tions of the European Economic Community , the institu­ Property, funds and assets of the Coordinating Council tions of the Association and the coordinating bodies Article 2 shall not be subject to censorship.

The premises and buildings occupied by the Coordinat­ ing Council for official purposes shall be inviolable. They shall be exempt from search, requisition, confisca­ Chapter IV tion or expropriation, Staff of the Coordinating Secretariat Except when required for the purpose of investigating an accident caused by a motor vehicle belonging to the said Article 7 Council or being used on its account, or in the event of an infringement of road traffic regulations or of an acci­ The Secretary and Deputy Secretary of the Coordinating dent caused by such a vehicle, the property and assets of Council shall enjoy , in the State in which the Coordinat­ the Coordinating Council shall not be the subject of any ing Council is established, under the responsibility of the administrative or legal measure of constraint without the Chairman in Office of the Coordinating Committee, the authorization of the Arbitration Court of the Associa­ advantages accorded to the diplomatic staff of diplomat­ tion. ic missions. Their spouses and their children under age living in their household shall be entitled, under the same Article 3 conditions, to the advantages accorded to the spouses and children under age of such diplomatic staff. The archives of the Coordinating Council shall be inviol­ able.

Article 4 Articles The Coordinating Council, its assets, income and other The State in which the Coordinating Council is es­ property shall be exempt from all direct taxes. tablished shall grant immunity from legal proceedings to permanent members of the staff of the Coordinating The host State shall, wherever possible, take the ap­ Secretariat, apart from those referred to in Article 7 , propriate measures to remit or refund the amount of indi­ only in respect of acts done by them in the performance rect taxes or sales taxes included in the price of movable of their official duties. Such immunity shall not, how­ or immovable property , where the coordinating Council ever, apply to infringements of road traffic regulations makes, strictly for its official use, substantial purchases by a permanent member of the staff of the Coordinating the price of which includes taxes of this kind. Secretariat or to damage caused by a motor vehicle be­ longing to, or driven by, him. No exemption shall be granted in respect of taxes , charges, duties or fees which represent charges for ser­ vices rendered. Articles The names, positions and addresses of the Chairman in Articles Office of the Coordinating Committee, the Secretary and The Coordinating Council shall be exempt from all cus­ Deputy Secretary of the Coordinating Council and of the toms duties, prohibitions and restrictions on imports and permanent members of the staff of the Coordinating Se­ exports in respect of articles intended for its official use; cretariat shall be communicated periodically by the articles so imported may not be sold or otherwise dis­ President of the Coordinating Council to the Govern­ posed of, whether or not in return for payment, in the ter­ ment of the State in whose territory the Coordinating ritory of the country into which they have been import­ Council is established. ed, except under conditions approved by the Govern­ ment of that country.

Chapter III Chapter V

Official communications General provisions

Article 6 Article 10 For their official communications and the transmission The privileges, immunities and facilities provided for in of all their documents, the European Economic Commu­ this Protocol shall be accorded to those concerned solely

30 Official Journal of the European Communities

in the interests of the proper execution of their official Article 11 duties . Article 53 of the Convention shall apply to disputes re­ lating to this Protocol. Each institution or body referred to in this Protocol shall be required to waive immunity wherever it considers that The Coordinating Council and the European Investment the waiver of such immunity is not contrary to its own Bank may be party to proceedings before the Arbitration interests . Court of the Association .

PROTOCOL No 10 on the operating expenditure of the institutions of the Association

THE HIGH CONTRACTING PARTIES, latter shall be 20 units of account for each day during which members of the Arbitration Court sit. Payment HAVE AGREED upon the following provisions, which shall be annexed to the Convention : shall be made to them by the Arbitration Court.

One half of the travel and subsistence expenditure in­ Article 1 curred by the members of the Arbitration Court shall be The Member States and the Community on the one borne by the Community and the other half by the Asso­ hand, and the Associated States on the other, shall be ciated States. responsible for such expenditure as they shall incur by reason of their participation in the meetings of the Coun­ Expenditure relating to the Registry of the Arbitration cil of Association and its dependent bodies, both with Court, to preparatory inquiries into disputes and to the regard to staff, travel and subsistence expenditure and to organization of hearings (premises, personnel, interpret­ postal and telecommunications expenses. ing, etc.) shall be borne by the Community.

Expenditure in connection with interpreting at meetings, Expenditure relating to special inquiries shall be settled translation and reproduction of documents, and the prac­ by the Arbitration Court together with the other costs, in tical arrangements for meetings (premises, equipment, accordance with its Statute; to cover such expenditure, messengers, etc.) shall be borne by the Community or by the parties shall deposit advances as determined by an the Associated States, according to whether the meet­ Order of the Arbitration Court, or of its President, in ings take place in the territory of a Member State or in which such measures are prescribed. that of an Associated State. In witness whereof, the Plenipotentiaries of the High Article 2 Contracting Parties have signed the above 10 Protocols. The Community and the Associated States shall be sever­ J. M. A. H. LUNS ally responsible for the travel and subsistence expendi­ J.REY ture of their respective participants at the meetings of the C. HANIN G. JAHN Parliamentary Conference of the Association and of the Y. BOURGES Joint Committee. M. PEDINI A. BORSCHETTE They shall likewise be responsible for the travel and sub­ J. M. A. H. LUNS L. NTAWURISHIRA sistence expenditure of the personnel required for such V. EFON meetings and for postal and telecommunications charges. L. ALAZOULA C. KASASA Expenditure in connection with interpreting at meetings, C. SIANARD K. BEDIE translation and reproduction of documents, and the or­ D. BADAROU ganization of meetings (premises, equipment, messen­ E. KASSA MAPSI gers, etc .) shall be borne by the Community or by the P. C. DAMIBA Associated States, according to whether the meetings J. RABEMANANJARA J. M. KONE take place in the territory of a Member State or in that of M. O. HAIBA an Associated State. A. BARKIRE S. NSANZIMANA A rticle 3 J. COLLIN A. DUALE Members of the Arbitration Court shall be entitled to a A. LAMANA refund of their travel and subsistence expenditure. The P. EKLOU

Official Journal of the European Communities 31

AGREEMENT on products within the province of the European Coal and Steel Community ( 70/54 1/ECSC)

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 Italian Republic , His Royal Highness the Grand Duke of Luxembourg, Her Majesty the Queen of the Netherlands ,

Contracting Parties to the Treaty establishing the European Coal and Steel Community , signed at Paris on 17 April 195 1 , whose States are hereinafter referred to as ' Member States',

of the one part ; and

The President of the Republic 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 Democratic Republic of the Congo, The President of the Republic of the Congo (Brazzaville), Head of State, The President of the Republic of Dahomey , The President of the Gabonese Republic, The President of the Republic of the Ivory Coast, The President of the Malagasy Republic , The Head of State 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 Somali Republic, The President of the Republic of Togo, The President of the Republic of Upper Volta,

whose states are hereinafter referred to as 'Associated States',

of the other part ;

Having regard to the Treaty establishing the European Coal and Steel Community ;

Having regard to the Treaty establishing the European Economic Community , and in parti­ cular to Article 232 thereof;

Considering the fact that the Convention of Association between the European Economic Community and the African States and Madagascar associated with that Community , signed this day , does not apply to products within the province of the European Coal and Steel Community ;

Desiring nevertheless to maintain and increase trade in those products between the Member States and the Associated States ;

Noting that the Agreement concluded to that end and signed at Yaounde on 20 July 1963 has expired ;

Have designated as their Plenipotentiaries :

32 Official Journal of the European Communities

HIS MAJESTY THE KING OF THE BELGIANS : Mr Charles Hanin , Minister for Middle Class Affairs ;

THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY : Mr Gerhard Jahn, Parliamentary Secretary of State, Ministry for Foreign Affairs ;

THE PRESIDENT OF THE FRENCH REPUBLIC : Mr Yvon Bourges, Secretary of State for Foreign Affairs ;

THE PRESIDENT OF THE ITALIAN REPUBLIC : Mr Mario Pedini , Under-Secretary of State for Foreign Affairs ;

HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG : Mr Albert Borschette, Ambassador Extraordinary and Plenipotentiary ;

HER MAJESTY THE QUEEN OF THE NETHERLANDS : Mr Joseph M.A.H. Luns, Minister for Foreign Affairs ;

THE PRESIDENT OF THE REPUBLIC OF BURUNDI : Mr Lazare Ntawurishira, Minister for Foreign Affairs and Cooperation ;

THE PRESIDENT OF THE FEDERAL REPUBLIC OF CAMEROON : Mr Vincent Efon, Minister for Planning and Development ;

THE PRESIDENT OF THE CENTRAL AFRICAN REPUBLIC : Mr Louis Alazoula, Minister for Industry , Mining and Geology ;

THE PRESIDENT OF THE REPUBLIC OF CHAD : Mr Abdoulaye Lamana, Minister for Economic Affairs, Finance and Transport ;

THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF THE CONGO : Mr Crispin Kasasa, Deputy Minister for Foreign Affairs, responsible for External Trade;

THE PRESIDENT OF THE REPUBLIC OF THE CONGO (BRAZZAVILLE), HEAD OF STATE : Mr Charles Sianard, Minister for Finance and Economic Affairs ;

THE PRESIDENT OF THE REPUBLIC OF DAHOMEY : Mr Daouda Badarou, Minister for Foreign Affairs ;

THE PRESIDENT OF THE GABONESE REPUBLIC : Mr Emile Kassa Mapsi, Minister of State, Gabonese Embassy to the Benelux Countries and the European Communities ;

THE PRESIDENT OF THE REPUBLIC OF THE IVORY COAST : Mr Konan Bedie, Minister for Economic and Financial Affairs ;

THE PRESIDENT OF THE MALAGASY REPUBLIC : Mr Jacques Rabemananjara, Minister of State for Foreign Affairs ;

THE HEAD OF STATE OF THE REPUBLIC OF MALI : Mr Jean-Marie Kone, Minister of State for Foreign Affairs and Cooperation ;

THE PRESIDENT OF THE ISLAMIC REPUBLIC OF MAURITANIA : Mr Mokhtar Ould Haiba, Minister for Planning;

THE PRESIDENT OF THE REPUBLIC OF NIGER : Mr Alidou Barkire, Minister of Economic Affairs, Trade and Industry ;

Official Journal of the European Communities 33

THE PRESIDENT OF THE REPUBLIC OF RWANDA : Mr Sylvestre Nsanzimana, Minister for Trade, Mining and Industry ;

THE PRESIDENT OF THE REPUBLIC OF SENEGAL : Mr Jean Collin, Minister of Finance;

THE PRESIDENT OF THE SOMALI REPUBLIC : Mr Elmi Ahmed Duale, Minister of State for Foreign Affairs ;

THE PRESIDENT OF THE REPUBLIC OF TOGO : Mr Paulin Eklou, Minister for Trade, Industry , Tourism and Planning ;

THE PRESIDENT OF THE REPUBLIC OF UPPER VOLTA : Mr Pierre-Claver Damiba, Minister for Planning and Public Works ;

WHO, having exchanged their Full Powers, found in good and due form,

HAVE AGREED , for the period of application of the Convention of Association, as follows :

Article 1 Article 4 Save where measures are taken pursuant to Chapter X of This Agreement shall not afreet the provisions of the the Treaty establishing the European Coal and Steel Treaty establishing the European Coal and Steel Com­ Community , products within the province of that Com­ munity , nor the powers of jurisdiction conferred by that munity shall, when they originate in the Associated Treaty . States, on importation into the Community be admitted free of customs duties and charges having equivalent ef­ Articles fect ; however, the treatment applied to these products shall not be more favourable than that applied by the This agreement shall be approved by each Signatory Member States among themselves. State in accordance with its own constitutional require­ ments. The Government of each State shall notify the Secretariat of the Council of the European Communities of the completion of the procedures required for the en­ Article 2 try into force of this Agreement. This Agreement shall enter into force on the same day as the Convention of Without prejudice to the application of Article 63 of the Association . Convention of Association, the products mentioned above shall, when they originate in the Member States , Articled on importation into the Associated States be admitted This Agreement shall be concluded for five years from free of customs duties and charges having equivalent ef­ the date of its entry into force and shall expire on 31 fect and free of quantitative restrictions and measures having equivalent effect, under similar conditions to January 1975 at the latest. It shall case to apply to any those laid down in Title I , Chapter I , and Article 16 ( 1 ) Signatory State which, under Article 64 of the Conven­ of the Convention of Association and in Protocols Nos 2 tion of Association, is no longer a Party to that Conven­ tion . and 3 thereto.

Article 7 This Agreement, drawn up in a single original in the Article 3 Dutch, French , German and Italian languages , each of Consultations shall take place between the Parties con­ these texts being equally authentic, shall be deposited in cerned in all cases where, in the opinion of one of them, the archives of the Secretariat of the Council of the Eu­ the implementation of the above provisions calls for such ropean Communities, which shall transmit a certified consultations . copy to each of the Governments of the Signatory States.

In witness whereof, the undersigned Plenipotentiaries have signed this Agreement.

Done at Yaounde, this twenty-ninth day of July in the year one thousand nine hundred and sixty-nine.

For His Majesty the King of the Belgians, Charles HANIN

34 Official Journal of the European Communities

For the President of the Federal Republic of Germany , Gerhard JAHN

For the President of the French Republic , Yvon BOURGES

For the President of the Italian Republic Mario PEDINI

For His Royal Highness the Grand Duke of Luxembourg, Albert BORSCHETTE

For Her Majesty the Queen of the Netherlands, Joseph M.A.H. LUNS

For the President of the Republic of Burundi, Lazare NTAWURISHIRA

For the President of the Federal Republic of Cameroon, Vincent EFON

For the President of the Central African Republic, Louis ALAZOULA

For the President of the Republic of Chad, Abdoulaye LAMANA

For the President of the Democratic Republic of the Congo, Crispin KASASA

For the President of the Republic of the Congo ( Brazzaville), Head of State, Charles SIANARD

For the President of the Republic of Dahomey, Daouda BADAROU

For the President of the Gabonese Republic , Emile KASSA MAPSI

For the President of the Republic of the Ivory Coast, Konan BEDIE

For the President of the Malagasy Republic, Jacques RABEMANANJARA

For the Head of State of the Republic of Mali, Jean-Marie KONE

For the President of the Islamic Republic of Mauritania, Mokhtar Ould HAIBA

For the President of the Republic of Niger, Alidou BARKIRE

For the President of the Republic of Rwanda, Sylvestre NSANZIMANA

For the President of the Republic of Senegal, Jean COLLIN

For the President of the Somali Republic, Ahmed DUALE

Official Journal of the European Communities 35

For the President of the Republic of Togo, Paulin EKLOU

For the President of the Republic of Upper Volta, Pierre-Claver DAMIBA

36 Official Journal of the European Communities

FINAL ACT ( 70/542/EEC)

The Plenipotentiaries of His Majesty the King of the Belgians , The President of the Federal Republic of Germany , The President of th ? French Republic, The President of the Italian Republic , His Royal Highness the Grand Duke of Luxembourg, Her Majesty the Queen of the Netherlands, and of the Council of the European Communities , of the one part , and The President of the Republic 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 Democratic Republic of the Congo, The President of the Republic of the Congo (Brazzaville), Head of State, The President of the Republic of Dahomey , The President of the Gabonese Republic, The President of the Republic of the Ivory Coast, The President of the Malagasy Republic , The Head of State 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 Somali Republic , The President of the Republic of Togo, The President of the Republic of Upper Volta, of the other part, Meeting at Yaounde this twenty-ninth of July in the year one thousand nine hundred and six­ ty-nine for the purpose of signing the Convention of Association between the European Econ­ omic Community and the African States and Madagascar associated with the Community, have adopted the following texts :

The Convention of Association between the European Economic Community and the Afri­ can States and Madagascar associated with that Community ,

and the following Protocols : Protocol No 1 on the application of Article 2 ( 2) of the Convention of Association Protocol No 2 on the application of Article 3 of the Convention of Association Protocol No 3 on the application of Article 7 of the Convention of Association Protocol No 4 on the application of the Convention of Association and the conclusion of international agreements on the granting of generalized preferences Protocol No 5 on measures to be taken by the High Contracting Parties concerning their mutual interests, in particular in respect of tropical products Protocol No 6 on the administration of Community aid Protocol No 7 on the value of the unit of account Protocol No 8 on the Statute of the Arbitration Court of the Association Protocol No 9 on privileges and immunities Protocol No 10 on the operating expenditure of the institutions of the Association

Official Journal of the European Communities 37

The Plenipotentiaries of the Member States and the Plenipotentiaries of the Associated Afri­ can States and Madagascar have also adopted the text of the Agreement on products within the province of the European Coal and Steel Community .

The Plenipotentiaries of the Member States and the Plenipotentiaries of the Associated Afri­ can States and Madagascar have also adopted the texts of the Declarations listed below and annexed to this Final Act : 1 . Declaration by the Contracting Parties on Article 10 of the Convention of Association (Annex I) 2. Declaration by the Contracting Parties on petroleum products (Annex II) 3 . Declaration by the Representatives of the Governments of the Member States and the Representatives of the Governments of the Associated States on the fiscal and customs arrangements applicable to contracts financed by the Community (Annex III) 4. Declaration by the Representatives of the Governments of the Member States and the Representatives of the Governments of the Associated States confirming the Resolutions of the Council of Association on financial and technical cooperation (Annex IV) 5 . Declaration by the Representatives of the Governments of the Member States and the Representatives of the Governments of the Associated States on the liberalization of payments (Annex V) 6 . Declaration by the Representatives of the Governments of the Member States and the Representatives of the Governments of the Associated States on non-discrimination be­ tween Member States in the matter of investments (Annex VI)

7. Declarations by the Representatives of the Governments of the Member States and the Representatives of the Governments of the Associated States on Article 1 of Protocol No 9 on privileges and immunities (Annex VII)

8. Declaration by the Contracting Parties on a good offices procedure (Annex VIII) 9. Declaration by the Representatives of the Governments of the Member States and the Representatives of the Governments of the Associated States on the Statute of the Arbi­ tration Court of the Association (Annex IX)

The Plenipotentiaries of the Associated African States and Madagascar have also taken note of the Declarations listed below and annexed to this Final Act :

1 . Declaration by the Representatives of the Governments of the Member States on nuclear products (Annex X) 2. Declaration by the Representatives of the Governments of the Member States on the tariff quota for the importation of bananas (Annex XI) 3 . Declaration by the Community on Article 25 of the Convention of Association and Article 9 of Protocol No 6 on the administration of Community aid (Annex XII) 4. Declaration by the Representative of the Government of the Federal Republic of Ger­ many on the definition of the expression 'German national' (Annex XII) 5 . Declaration by the Representative of the Government of the Federal Republic of Ger­ many on the application to Berlin of the Convention of Association (Annex XIV)

In witness whereof, the undersigned Plenipotentiaries have signed this Final Act.

Done at Yaounde , this twenty-ninth day of July in the year one thousand nine hundred and sixty-nine.

For His Majesty the King of the Belgians. Charles HANIN

For the President of the Federal Republic of Germany, Gerhard JAHN

38 Official Journal of the European Communities

For the President of the French Republic , Yvon BOURGES

For the President of the Italian Republic , Mario PEDINI

For His Royal Highness the Grand Duke of Luxembourg, Albert BORSCHETTE For Her Majesty the Queen of the Netherlands,

Joseph M.A.H. LUNS

For the Council of the European Communities, Joseph M. A.H. LUNS For the President of the Republic of Burundi, Lazare NTAWURISHIRA

For the President of the Federal Republic of Cameroon, Vincent EFON

For the President of the Central African Republic , Louis ALAZOULA

For the President of the Republic of Chad, Abdoulaye LAMANA

For the President of the Democratic Republic of the Congo, Crispin KASASA

For the President of the Republic of the Congo (Brazzaville), Head of State, Charles SIANARD

For the President of the Republic of Dahomey , Daouda BADAROU

For the President of the Gabonese Republic , Emile KASSA MAPSI

For the President of the Republic of the Ivory Coast, Konan BEDIE

For the President of the Malagasy Republic , Jacques RABEMANANJARA

For the Head of State of the Republic of Mali, Jean-Marie KONE

For the President of the Islamic Republic of Mauritania, Mokhtar Ould HAIBA

For the President of the Republic of Niger, Alidou BARKIRE

For the President of the Republic of Rwanda, Sylvestre NSANZIMANA

For the President of the Republic of Senegal, Jean COLLIN

For the President of the Somali Republic, Ahmed DUALE

Official Journal of the European Communities 39

For the President of the Republic of Togo, Paulin EKLOU

For the President of the Republic of Upper Volta, Pierre-Calver DAMIBA

40 Official Journal of the European Communities

ANNEXI

Declaration by the Contracting Parties on Article 10 of the Convention of Association

THE HIGH CONTRACTING PARTIES,

Having decided to extend the period of validity of the texts on the concept of 'originating products adopted pursuant to the Convention of Association signed at Yaounde on 20 July 1963 ,

Conscious that a sole text containing all those provisions would be useful for the proper implementation of the Convention of Association,

Have agreed to instruct the Commission of the European Communities to prepare a draft for a sole text as soon as possible in order that it may be examined as early as possible after the entry into force of the said Convention .

ANNEXII

Declaration by the Contracting Parties on Petroleum products

Regarding petroleum products, the Community reserves the right, when a common policy has been de­ termined, to alter the arrangements provided for in Title I , Chapter I , of the Convention of Association.

In that event, the Community shall accord to imports of such products originating in the Associated States advantages comparable with those laid down in the said Convention.

ANNEX III

Declaration by the Representatives of the Governments of the Member States and the Representatives of the Governments of the Associated States on the fiscal and customs arrangements applicable to con­ tracts financed by the Community

The arrangements in force in each Associated State on 31 May 1969 shall continue to be applied until implementation of the decision provided for in Article 27 of the Convention of Association.

ANNEX IV

Declaration by the Representatives of the Governments of the Member States and the Representatives of the Governments of the Associated States confirming the Resolutions of the Council of Association on financial and technical cooperation

The Representatives of the Governments of the Member States and the Representatives of the Govern­ ments of the Associated States will renew the Resolutions on the general guidelines for financial and technical cooperation adopted by the Council of Association on the basis of Article 27 of the Conven­ tion of Association signed at Yaounde on 20 July 1963, as necessary and where they relate to the imple­ mentation of the provisions set out in the new Convention.

ANNEX V

Declaration by the Representatives of the Governments of the Member States and the Representatives of the Governments of the Associated States on the liberalization of payments

The Governments of the Member States and the Governments of the Associated States will endeavour, within the limits of their relevant powers, and in so far as their economic situation in . neral and the state of their balance of payments in particular permit them to do so, to liberalize the payments covered by Article 37 of the Convention further than provided for in that Article.

Official Journal of the European Communities 41

ANNEX VI

Declaration by the Representatives of the Governments of the Member States and the Representatives of the Governments of the Associated States on non-discrimination between Member States in the mat­ ter of investments

In order to take account, in respect of certain Associated States, of the effects resulting from their mem­ bership of regional monetary groupings, it is agreed that the equality mentioned in Article 39 (2) of the Convention of Association - even if it does not fully exclude possible differences in some of the adminis­ trative formalities to which the transactions referred to in that Article are subject, depending on whether or not they are effected by nationals of the same monetary zone - must, in practice, ensure that nationals of the various Member States are treated on a completely equal footing.

ANNEX VII

Declaration by the Representatives of the Governments of the Member States and the Representatives of the Governments of the Associated States on Article 1 of Protocol No 9 on privileges and immunities

1 . 'Customary privileges, immunities and facilities' means the privileges, immunities and facilities provided for in Article 1 1 of the Protocol of 8 April 1965 on the privileges and immunities of the Euro­ pean Communities.

2. The Governments of the Member States and the Governments of the Associated States will do their utmost to facilitate the grant under the most favourable conditions of temporary visas required by the persons referred to in Article 1 of Protocol No 9 on" privileges and immunities to enable them to carry out their duties.

ANNEX VIII Declaration by the Contracting Parties on a good offices procedure

Contracting Parties who are parties to a dispute within the meaning of Article 53 of the Convention of Association are willing, where circumstances permit, and on condition that the Council of Association is informed so that the parties concerned may assert their rights, to have recourse to a good offices procedure before bringing the dispute before the Council of Association.

ANNEXIX Declaration by the Representatives of the Governments of the Member States and the Representatives of the Governments of the Associated States on the Statute of the Atbitration Court of the Association

The Governments of the Member States and the Governments of the Associated States will endeavour to take all steps necessary to ensure trtat the offences mentioned in Article 20 (3) of the Statute of the Arbi­ tration Court of the Association are dealt with in the same manner as corresponding offences dealt with by a national court having jurisdiction in civil cases.

ANNEX X Declaration by the Representatives of the Governments of the Member States on nuclear products

It results from the provisions of the Treaty establishing the European Atomic Energy Community taken in conjunction with those of the Treaty establishing the European Economic Community that Title I of the Convention of Association applies to the goods and products covered by Articles 92 et seq of the Treaty establishing the European Atomic Energy Community.

42 Official Journal of the European Communities

ANNEX XI

Declaration by the Representatives of the Governments of the Member States on the tariff quota for imports ofbananas

If the Federal Republic of Germany should require quantities in excess of the tariff quota granted to her by virtue of the Protocol on the tariff quota for imports of bananas (heading No ex 08.01 of the Brussels Nomenclature), signed by the Member States on 25 March 1957, the exporting Associated States shall be consulted as to their ability to supply all or part of the quantities required by the Federal Republic of Germany .

ANNEX XII Declaration by the Community on Article 25 of the Convention of Association and Article 9 of Protocol No 6 on the administration of Community aid

Conscious that Article 25 ( 1) of the Convention of Association does not exclude the possibility of parti­ cipation by the Associated States in development banks, the Community nevertheless draws the attention of the latter to the fact that such holdings shall be taken up only in exceptional cases and on condition that the Community possesses sufficient guarantees, to be specified if necessary

ANNEX XIII

Declaration by the Representative of the Government of the Federal Republic of Germany on the defi­ nition of the expression 'German national'

All Germans as defined in the Basic Law for the Federal Republic of Germany shall be considered na­ tionals of the Federal Republic of Germany .

ANNEX XIV

Declaration by the Representative of the Government of the Federal Republic of Germany on the appli­ cation to Berlin of the Convention of Association

The Convention of Association shall apply equally to Land Berlin unless the Government of the Federal Republic of Germany makes a declaration to the contrary to the other Contracting Parties within three months from the entry into force of the Convention.