CELEX: 31970D0539
Language: en
Date: 1970-09-29 00:00:00
Title: Council Decision of 29 September 1970 on the conclusion of the Convention of Association between the European Economic Community and the African States and Madagascar associated with the Community

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.
 ---pagebreak--- 6                          Official Journal of the European Communities
                                          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
 ---pagebreak---                          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;
 ---pagebreak--- 8                         Official Journal of the-European Communities
  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;
 ---pagebreak---                                        Official Journal of the European Communities                                        9
             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:
 ---pagebreak---  10                                     Official Journal of the European Communities
 - 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,
      to specific rules as a consequence of the implementa­         2. Paragraph 1 shall not, however, prejudice the import
      tion of the common agricultural policy.                       treatment accorded to the products referred to in the first
                                                                    indent of Article 2 (2).
 Protocol No 1 to this Convention sets out the conditions
 under which the Community, notwithstanding the gener­              3. At the request of an Associated State, there shall be
 al treatment in force in relation to third countries, shall        consultations within the Council of Association regard­
 determine the treatment to be applied to the products re­          ing the conditions of application of this Article.
 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
be held within the Council of Association regarding the            shall not give rise, in law or in fact, to discrimination
 conditions of application of this Article.                        between Member States.
                                                                   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
rise, in law or in fact, to any direct or indirect discrimi­       to attain the objective defined in this Title, and in parti­
                                                                   cular that, of non-discrimination between Member States.
nation between Member States.
2. If the application of such duties leads to serious dis­
turbances in the conditions of competition, consultations
                                                                   5 . At the request of the Community, there shall be con­
shall be held within the Council of Association without            sultations within the Council of Association regarding
prejudice to the application of Article 16 (2).
                                                                   the conditions of application of this Article.
                            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
the other Contracting Parties.                                                               Article 9
                                                                   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
 ---pagebreak---                                          Official Journal of the European Communities                                         11
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 11
                                                                                              Article 15
 Subject to the special provisions for frontier-zone traffic         1 . With regard to commercial policy the Contracting
and without prejudice to Articles 1 2 and 1 3 :                     Parties shall inform each other of any measures they
                                                                    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
      this Title to their products and destined for the Com­        Association.
      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
 The Associated States concerned shall keep the Council                                    Protective clauses
 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.
 ---pagebreak---  12                                      Official Journal of the European Communities
  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
 In accordance witn the provisions of this Title and of                   cooperation linked with investments;
 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
 covering the whole of the Community's aid, as follows :                  therein;
 (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
      form of loans extended on the terms set out in Proto­          as famine or floods.
       col No 6 to this Convention and in the Statute of the
      Bank. These loans may carry a rebate on the interest.         In the event of such an exceptional situation occurring,
      The aggregate cost of the interest rebates on loans            the Community may grant aid. Such aid shall be allocat­
      granted to the Associated States after 1 June 1964             ed case by case. It shall either take the form of a cash
      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.
 ---pagebreak---                                            Official Journal of the European Communities                                         13
  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
  The Community may grant advances from the liquid                    aid provided for in Article 19 : Associated States; legal
  assets of the Fund up to a total amount of up to 50 million         persons in the Member States or Associated States,
  units of account in order to alleviate the consequences of          which are not primarily profit-making, if their work is in
  temporary fluctuations in world prices.                             the general interest and they are subject to government
                                                                      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
   the Community.                                                     (a) of non-reimbursable grants for general technical
                                                                            cooperation : specialist bodies and institutions or,
   They shall communicate any subsequent modifications                      exceptionally, undertakings whose business is the
   of such plans or programmes.                                             training of specialists for others; and scholarship
                                                                            holders, trainees or persons following training
   2. Documentation shall be transmitted to the Communi­                    courses ;
   ty for each project or programme for which financing is
   requested pursuant to Article 19 or for each advance               (b) of loans from the Bank and rebates on interest there­
   requested pursuant to Article 21 , either by the Associat­               on, loans on special terms, contributions to the
   ed State or group of Associated States concerned or,                     creation of risk capital and any non-reimbursable
   with the latter's agreement, by the undertaking or the                   grants made for technical cooperation linked with
   regional or inter-State agency concerned.                                investments : undertakings applying industrial and
                                                                            commercial management methods and formed in an
   However, the Community may put forward proposals                         Associated State as companies or firms within the
   for projects and programmes for technical cooperation.                   meaning of the second paragraph of Article 35 .
   It shall first secure the consent of the Associated State or
   group of Associated States concerned on the broad out­             2. The recipients of the aid referred to in Article 20 shall
   lines of such projects or programmes.                              be the Associated States. The procedure for distributing
                                                                      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
   such contacts with the Associated States concerned as it            1 . As regards measures financed by the Community,
   may require in order that its decisions on the project or          participation in tendering procedures and other proce­
   programmes submitted to it may be taken in full know­              dures for the award of contracts shall be open, on equal
                                                                      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
   these requests the Community shall take into account the           2. The provisions of paragraph 1 shall be without preju­
   particular problems facing the countries which are at the          dice to measures intended to assist construction or large
   greatest disadvantage in order to ensure that they receive         or small-scale production undertakings of the Associated
                                                                      State concerned, or of another Associated State in the
   appropriate financial and technical aid. The Associated
x  State or group of Associated States concerned shall be             same area, to take part in the execution of public works
   informed of the decision taken on its request.                     contracts of limited scope or of contracts for the supply
                                                                      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
 ---pagebreak---  14                                    Official Journal of the European Communities
 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
receive treatment more favourable than that accorded
                                                                  ciated State' means companies or firms formed in ac­
                                                                  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
 ---pagebreak---                                           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.
                          Article 38                                 2 . The Associated States shall treat nationals and com­
                                                                     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
- a Council of Association, assisted by a Committee of               shall be held alternately by a member of the Council of
   Association;                                                       the European Communities and a member of the Govern­
                                                                      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.
 ---pagebreak--- 16                                     Official Journal of the European Communities
                          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 Council of Association shall be assisted in the per­          The Parliamentary Conference shall be prepared by a
formance of its tasks by a Committee of Association               Joint Committee set up on an equal basis.
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
                          Article 48
                                                                  hand, and one or more Associated States on the other;
                                                                  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
 ---pagebreak---                                        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
No treaty, convention, agreement or arrangement of any            Convention by the date of its entry into force as provid­
kind between one or more Member States and one or                 ed for in paragraph 1 , the provisions of the Convention
more Associated States shall preclude the application of          shall become applicable on the first day of the month fol­
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
and notified to the Parties. It shall be ratified by the Sig­     ation determine whether and under what conditions the
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
 ---pagebreak--- 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.
 ---pagebreak---                          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
 ---pagebreak--- 20                                       Official Journal of the European Communities
                                                            PROTOCOLS
                                                         PROTOCOL No I
                                 on the application of Article 2 (2) ofthe 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 ofthe 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
to in Article 3 (2) of the Convention are those arising               1 . Each Associated State shall communicate to the
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
 ---pagebreak---                                          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
held within the Council of Association on these meas­
                                                                      subject to the condition that the Associated State con­
ures .
                                                                      cerned maintains import possibilities without discrimina­
                                                                      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.
 ---pagebreak--- 22                                            Official Journal of the European Communities
                                Article 4                                  Council of Association, suspend imports of that product
Where difficulties arise in the marketing of a particular                  for a limited period to be determined case by case, if it
product on the domestic market of an Associated State,                     can show that such difficulties exist and supplies all the
that State may , notwithstanding Article 3 and on condi­                   explanations required in order to assess whether imports
tion that prior consultations have been held within the                    of that product should be prohibited.
                                                               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 ;
 ---pagebreak---                                         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
     the Associated States, in particular for the staff of
                                                                   2. The technical cooperation provided for in Articles 2,
                                                                   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
 ---pagebreak---    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
  than 2 %.
                                                                     ticle 22 (2) of the Convention shall be submitted to the
                                                                     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
  direct to the Bank .
                                                                     creation of risk capital is requested shall be submitted
                                                                     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
  cle 25 of the Convention.
                                                                     and the local expenditure necessary for the execution of
                                                                     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
 ---pagebreak---                                        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
be annexed to the Convention :                                       rency .
                          Article 1
                                                                                              Article 3
The value of the unit of account used to express amounts
mentioned in the Convention of Association or in the                The unit of account defined in Article 1 shall remain
provisions made in implementation thereof shall be                  unchanged throughout the period of application of the
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.
 ---pagebreak--- 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
Members or alternate members of the Court shall, in                  capacity. They shall retain this immunity after the expiry
                                                                     of their term of office.
open court, take an oath to perform their duties con­
scientiously and with complete impartiality and to pre­
serve the secrecy of the deliberations. This oath shall be           The Court may suspend the immunities provided for in
taken at the first public sitting following their appoint­           this Article with the exception of immunity in respect of
ment, in the manner prescribed by the national laws of               acts mentioned in the preceding paragraph.
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.
 ---pagebreak---                                        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 lawyer 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
    of Association and that the parties have not agreed on        ments and to supply all information which the Court
    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
 ---pagebreak---  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
cipating in work relating to the application of the Con­                                      Chapter I
vention and to the arrangements applicable to official
communications connected with such work, without pre­                    Persons taking part in the work of the Association
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
 ---pagebreak---                                        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
The archives of the Coordinating Council shall be inviol­
                                                                  and children under age of such diplomatic staff.
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
 ---pagebreak---  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.
                           Article 1                                 One half of the travel and subsistence expenditure in­
                                                                     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
Parliamentary Conference of the Association and of the              G. JAHN
                                                                    Y. BOURGES
Joint Committee.
                                                                    M. PEDINI
                                                                    A. BORSCHETTE
They shall likewise be responsible for the travel and sub­          J. M. A. H. LUNS
sistence expenditure of the personnel required for such             L. NTAWURISHIRA
                                                                    V. EFON
 meetings and for postal and telecommunications charges.            L. ALAZOULA
                                                                    C. KASASA
Expenditure in connection with interpreting at meetings,            C. SIANARD
translation and reproduction of documents, and the or­              K. BEDIE
                                                                    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
take place in the territory of a Member State or in that of         J. M. KONE
                                                                    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
 ---pagebreak---                          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 :
 ---pagebreak--- 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;
 ---pagebreak---                                       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
free of customs duties and charges having equivalent ef­           This Agreement shall be concluded for five years from
fect and free of quantitative restrictions and measures            the date of its entry into force and shall expire on 31
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
and 3 thereto.                                                     tion .
                                                                                             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
 ---pagebreak--- 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
 ---pagebreak---                         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
 ---pagebreak--- 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
 ---pagebreak---                           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
 ---pagebreak--- 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
 ---pagebreak---                         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
 ---pagebreak--- 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.
 ---pagebreak---                             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.
 ---pagebreak--- 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.