REPLY .
16 THE FIRST QUESTION TO BE CONSIDERED IS WHETHER ARTICLE 2 ( 1 ) OF THE YAOUNDE CONVENTION OF 1963 CONFERS ON THOSE SUBJECT TO COMMUNITY LAW THE RIGHT TO RELY ON IT IN ORDER TO CHALLENGE THE IMPOSITION OF A NATIONAL DUTY . IN ORDER TO DO THIS , REGARD MUST BE SIMULTANEOUSLY PAID TO THE SPIRIT , THE GENERAL SCHEME AND THE WORDING OF THE CONVENTION AND OF THE PROVISION CONCERNED .
17 PURSUANT TO THE FOURTH PART OF THE EEC TREATY , CERTAIN OVERSEAS COUNTRIES AND TERRITORIES WHICH HAD SPECIAL RELATIONS WITH FOUR OF THE FORMER SIX MEMBER STATES WERE ASSOCIATED WITH THE COMMUNITY . BY REASON OF THESE SPECIAL ECONOMIC AND POLITICAL CONNEXIONS , THE ASSOCIATION WAS INTENDED , UNDER ARTICLE 131 OF THE EEC TREATY , TO FURTHER THE INTERESTS AND PROSPERITY OF THE INHABITANTS OF THESE COUNTRIES AND TERRITORIES IN ORDER TO LEAD THEM TO THE ECONOMIC , SOCIAL AND CULTURAL DEVELOPMENT TO WHICH THEY ASPIRE . THE IMPLEMENTING CONVENTION FOR THE ASSOCIATION OF OVERSEAS COUNTRIES AND TERRITORIES TO THE COMMUNITY , ANNEXED TO THE TREATY , WAS CONCLUDED FOR A PERIOD OF FIVE YEARS .
18 SINCE , AT THE END OF THIS PERIOD , SEVERAL OF THE COUNTRIES AND TERRITORIES HAD ADVANCED TOWARDS POLITICAL INDEPENDENCE , THE YAOUNDE CONVENTION WAS CONCLUDED IN ORDER TO MAINTAIN THE ASSOCIATION BETWEEN CERTAIN OF THOSE INDEPENDENT AFRICAN STATES AND MADAGASCAR AND THE EUROPEAN ECONOMIC COMMUNITY . IT WAS CONCLUDED IN THE NAME NOT ONLY OF THE MEMBER STATES BUT ALSO OF THE COMMUNITY WHICH , IN CONSEQUENCE , ARE BOUND BY VIRTUE OF ARTICLE 228 .
19 AS FAR AS CUSTOMS DUTIES AND CHARGES HAVING EQUIVALENT EFFECT ARE CONCERNED , ARTICLE 2 ( 1 ) OF THE 1963 CONVENTION PROVIDES AS FOLLOWS :
' GOODS ORIGINATING IN ASSOCIATED STATES SHALL , WHEN IMPORTED INTO MEMBER STATES , BENEFIT FROM THE PROGRESSIVE ABOLITION OF CUSTOMS DUTIES AND CHARGES HAVING AN EFFECT EQUIVALENT TO SUCH DUTIES , RESULTING BETWEEN MEMBER STATES UNDER THE PROVISIONS OF ARTICLES 12 , 13 , 14 , 15 AND 17 OF THE TREATY AND THE DECISIONS WHICH HAVE BEEN OR MAY BE ADOPTED TO ACCELERATE THE RATE OF ACHIEVING THE AIMS OF THE TREATY . '
ARTICLE 2 ( 5 ) PROVIDES AS FOLLOWS :
' AT THE REQUEST OF AN ASSOCIATED STATE , THERE SHALL BE CONSULTATIONS WITHIN THE ASSOCIATION COUNCIL REGARDING THE CONDITIONS OF APPLICATION OF THIS ARTICLE . '
20 ON THE OTHER HAND , ARTICLE 3 ( 2 ) LIMITS THE OBLIGATION ON THE ASSOCIATED STATES TO ABOLISH CUSTOMS DUTIES AND CHARGES HAVING EQUIVALENT EFFECT BY PROVIDING THAT ' EACH ASSOCIATED STATE MAY RETAIN OR INTRODUCE CUSTOMS DUTIES AND CHARGES HAVING AN EFFECT EQUIVALENT TO SUCH DUTIES WHICH CORRESPOND TO ITS DEVELOPMENT NEEDS OR ITS INDUSTRIALIZATION REQUIREMENTS OR WHICH ARE INTENDED TO CONTRIBUTE TO ITS BUDGET ' .
21 ARTICLE 61 OF THE CONVENTION PROVIDES THAT THE COMMUNITY AND THE MEMBER STATES SHALL UNDERTAKE THE OBLIGATIONS SET