OUT IN ARTICLES 2 , 5 AND 11 EVEN WITH RESPECT TO ASSOCIATED STATES WHICH , ON THE GROUNDS OF INTERNATIONAL OBLIGATIONS APPLYING AT THE TIME OF THE ENTRY INTO FORCE OF THE EEC TREATY AND SUBJECTING THEM TO A PARTICULAR CUSTOMS TREATMENT , MAY CONSIDER THEMSELVES NOT YET ABLE TO OFFER THE COMMUNITY THE RECIPROCITY PROVIDED FOR BY ARTICLE 3 ( 2 ) OF THE CONVENTION .
22 IT IS APPARENT FROM THESE PROVISIONS THAT THE CONVENTION WAS NOT CONCLUDED IN ORDER TO ENSURE EQUALITY IN THE OBLIGATIONS WHICH THE COMMUNITY ASSUMES WITH REGARD TO THE ASSOCIATED STATES , BUT IN ORDER TO PROMOTE THEIR DEVELOPMENT IN ACCORDANCE WITH THE AIM OF THE FIRST CONVENTION ANNEXED TO THE TREATY .
23 THIS IMBALANCE BETWEEN THE OBLIGATIONS ASSUMED BY THE COMMUNITY TOWARDS THE ASSOCIATED STATES , WHICH IS INHERENT IN THE SPECIAL NATURE OF THE CONVENTION , DOES NOT PREVENT RECOGNITION BY THE COMMUNITY THAT SOME OF ITS PROVISIONS HAVE A DIRECT EFFECT .
24 SINCE THE PROVISION ACCORDING TO WHICH CONSULTATIONS REGARDING THE CONDITIONS OF APPLICATION OF ARTICLE 2 OF THE CONVENTION SHALL TAKE PLACE ONLY AT THE REQUEST OF AN ASSOCIATED STATE , IT FOLLOWS THAT THE ABOLITION OF CHARGES HAVING EQUIVALENT EFFECT MUST , ON THE PART OF THE COMMUNITY , PROCEED AUTOMATICALLY .
25 BY EXPRESSLY REFERRING , IN ARTICLE 2 ( 1 ) OF THE CONVENTION , TO ARTICLE 13 OF THE TREATY , THE COMMUNITY UNDERTOOK PRECISELY THE SAME OBLIGATION TOWARDS THE ASSOCIATED STATES TO ABOLISH CHARGES HAVING EQUIVALENT EFFECT AS , IN THE TREATY , THE MEMBER STATES ASSUMED TOWARDS EACH OTHER . SINCE THIS OBLIGATION IS SPECIFIC AND NOT SUBJECT TO ANY IMPLIED OR EXPRESS RESERVATION ON THE PART OF THE COMMUNITY , IT IS CAPABLE OF CONFERRING ON THOSE SUBJECT TO COMMUNITY LAW THE RIGHT TO RELY ON IT BEFORE THE COURTS AND TO DO SO WITH EFFECT FROM 1 JANUARY 1970 .
26 THE ANSWER TO BE GIVEN TO THE NATIONAL COURT IS , IN CONSEQUENCE , THAT , WITH EFFECT FROM 1 JANUARY 1970 , ARTICLE 2 ( 1 ) OF THE YAOUNDE CONVENTION OF 1963 CONFERS ON COMMUNITY CITIZENS THE RIGHT , WHICH THE NATIONAL COURTS OF THE COMMUNITY MUST PROTECT , NOT TO PAY TO A MEMBER STATE A CHARGE HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES .
27 THE LAST QUESTION ASKS WHETHER THE PROHIBITION OF THE IMPOSITION OF CHARGES HAVING EQUIVALENT EFFECT IMPOSED UPON THE MEMBER STATES BY THE TWO YAOUNDE CONVENTIONS HAS APPLIED WITHOUT INTERRUPTION SINCE 1 JANUARY 1970 .
28 ARTICLE 59 OF THE 1963 CONVENTION PROVIDES THAT IT SHALL BE CONCLUDED FOR A PERIOD OF FIVE YEARS FROM THE DATE OF ITS ENTRY INTO FORCE . ARTICLE 60 PROVIDES THAT THE CONTRACTING PARTIES SHALL EXAMINE THE PROVISIONS WHICH MIGHT BE MADE FOR A FURTHER PERIOD AND THAT THE ASSOCIATION COUNCIL SHALL , IF NECESSARY , TAKE ANY TRANSITIONAL MEASURES REQUIRED UNTIL THE NEW CONVENTION ENTERS INTO FORCE .
29 SINCE THE FIRST