CELEX: 31960L0201
Language: en
Date: 1959-11-23 00:00:00
Title: EEC Council: Directives determining the procedure for progressive implementation of the right of establishment in the overseas countries and territories and the french overseas departments

38                                  Official Journal of the European Communities
10.2.60                        OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES                                       147/60
                                                      DIRECTIVES
              determining the procedure for progressive implementation of the right of establishment
                     in the overseas countries and territories and the French overseas departments
THE COUNCIL         OF THE EUROPEAN ECONOMIC                    Whereas, account being taken of the fact that other
COMMUNITY,                                                      economic measures affecting the association are being
                                                                implemented, the abolition of discrimination as
Having regard to the provisions of the Treaty, and              regards the right of establishment in the overseas
in particular Articles 131 , 132 (5 ), 136, 189 and 198         countries and territories , must take place
thereof.                                                        progressively;
Having regard to the provisions of the Implementing             Whereas Article 14 of the Implementing Convention
Convention on the Association of the Overseas                   provides that the results achieved by the end of the
Countries and Territories with the Community, in                fifth year as regards the right of establishment must
particular Articles 8 , 14, 16 and 17 thereof, .                be maintained;
Having regard to the Opinion of the Economic and                Whereas under the second paragraph of Article 136
Social Committee,                                               of the Treaty aforesaid the Council, before the
                                                                Implementing. Convention expires, is to lay down
Having regard to the opinion of the governmental or             provisions for a further period on the basis of the
local authorities of the associated overseas countries          experience acquired and of the principles set out in
and territories,                                                the Treaty; .
                                                                Whereas    consequently the abolition        of certain
Having     regard     to    the   proposal    from    the       discriminations must be deferred until after the
Commission,
                                                                five-year period ;
Whereas priority should be given to activities in               Whereas present circumstances mak£ it difficult for
respect of which freedom of establishment would                 the time being to apply Article 8 of the Implementing
make an especially useful contribution to promotion             Convention in the territories specified in Article 16 of
of the economic and social development of the                   that Convention, save as regards certain laws,
overseas countries and territories ;                            regulations and administrative provisions in the
                                                                French overseas departments ;
Whereas in preparing these directives account has
been taken of the degree of freedom of establishment            Whereas in the Belgian Congo and Ruanda-Urundi
that has actually been attained in the judicial systems         there is triple tax exemption . in favour only of
of the various countries as described by the                    Belgian societes anonymes which convert themselves
governments concerned, and whereas the purpose of               into Congolese companies limited by shares, and
these directives is to strengthen, by setting out certain       whereas a study is at present being conducted as to
results to be achieved, the steps which those                   whether this exemption should be cancelled by the
governments have taken ;                                        authority which introduced it, and whereas it is
                                                                accordingly appropriate to set this question aside for
Whereas, therefore, none of them could . be                     the time being ;
interpreted to preclude any measures to extend the
right of establishment which might be taken by                  Whereas consequently it appears to be unnecessary at
national or local authorities themselves, within the            the present time to issue any directives on that
framework of the Treaty and the Implementing                    subject;
Convention annexed thereto ;
                                                                Whereas there exists no discrimination in Italian
Whereas the Implementing Convention has been                    Somaliland and consequently there is no need to
concluded for a limited period ;                                issue any directives in regard to that country;
 ---pagebreak---                                        Official Journal of the European Communities                                    39
"Whereas any Member State is entitled to invoke the                       in French Somaliland, New Caledonia and
provisions of Article 8 aforesaid of the Implementing                     dependencies, French Polynesia :
Convention concerning each associated country or
territory, whatever the present international status of                   the right to carry on the occupation of
such country or territory may be ;                                        hotel-keeper shall be extended to nationals and
                                                                          companies and firms of Member States other
                                                                          than the French Republic.
Whereas under Article 132 (5 ) the right of
 establishment of nationals and companies or firms of                 3 . In the Republic of Senegal, the Republic of
the associated countries and territories is to be
                                                                          Soudan, the Republic of Ivory Coast, the'
regulated in accordance with the provisions and                           Republic of Dahomey, the Islamic Republic of
procedures laid down in the Chapter relating to the                       Mauritania, the Republic of Niger, the
right of establishment and on a non-discriminatory                        Republic of Upper Volta, the Republic of
 basis, subject to any special provisions laid down                       Madagascar,
 pursuant to Article 136;
                                                                          in French Somaliland :
Whereas the problems relating thereto do not form                         the right to carry on the occupation of
 the subject of the text hereinafter contained;                           land-surveyor and valuer shall be extended to
                                                                          nationals of Member States other than the
                                                                          French Republic who hold the official
HAS ADOPTED THE FOLLOWING DIRECTIVES :                                    certificate or diploma required in France or an
                                                                          equivalent certificate in their State of origin,
                                                                          on condition in the latter case that the
                            Article 1                                     functions of a land-surveyor and valuer are
                                                                          subject to regulation in that State.
In the overseas countries and territories the right of
 establishment shall be extended progressively to                     4. In the Republic of Senegal, the Republic pf
 nationals and companies or firms of Member States                        Soudan, the Republic of Ivory Coast, the
other than the Member State which has special                             Republic of Dahomey, the Islamic Republic of
relations with the countries or territories concerned,                    Mauritania, the Republic of Niger, the
in manner following:                                                      Republic of Upper Volta, the Republic of
                                                                          Congo, the Central African Republic, the
 ( a) In the second year of application of the                            Republic of Chad, the Republic of Gabon, the
       Convention :                                                       Republic of Madagascar,
       1 . In the Republic of Senegal, the Republic of                    in Saint Pierre and Miquelon, the Comoro
           Soudan, the Republic of Ivory Coast, the                       Archipelago, French Somaliland, New
           Republic of Dahomey, the Islamic Republic of                   Caledonia       and    dependencies,     French
           Mauritania, the Republic of Niger, the                         Polynesia, the Southern and Antarctic
           Republic of Upper Volta, the Republic of                       Territories,
           Madagascar,
                                                                          in the Republic of Togoland and the State of
           in Saint Pierre and Miquelon, the Comoro                       Cameroun :
           Archipelago,      French    Somaliland,     New
                                                                          the right to carry on the occupation of
           Caledonia       and     dependencies,     French               architect on the part of nationals of Member
           Polynesia,    the    Southern    and    Antarctic              States other than the French Republic who
           Territories :
                                                                          hold the diploma required in France or an
           companies and firms of Member States other                     equivalent certificate in their State of origin,
           than the French Republic shall be given full                   on condition in the latter case that the
           legal recognition. These companies and firms                   functions of an architect are subject to
           and their subsidiaries may, in particular, own                 regulation in that State, shall no longer be
           property and carry out judicial acts ; this last               subject to reciprocity in favour of French
           implies inter alia the right to be a party to                   nationals practising in the other Member
           legal proceedings.                                              States .
       2. In the Republic of Senegal, the Republic of             (b) At the latest during the third year of application
           Soudan , the Republic of Ivory Coast, the                  of the Convention:
           Republic of Dahomey, the Islamic Republic of
           Mauritania, the . Republic of Niger, the                   1 . In the Republic of Madagascar, French
           Republic of Upper Volta, the Republic of                        Somaliland, New Caledonia and depen­
           Madagascar,                                                     dencies :
 ---pagebreak--- 40                                  Official Journal of the European Communities
        the granting of land concessions and the right                  the right to carry on the occupations of
        of free disposal of immovable property shall                    manufacturer      of   or   trader  in   wireless
        be extended to nationals and companies and                      equipment and spare parts shall be extended
       firms of Members States other than the French                  ' to nationals and companies and firms of
        Republic.                                                       Member       States   other   than  the   French
                                                                        Republic.
   2 . In Netherlands New Guinea :
                                                                   6. In the Republic of Madagascar and French
        the right to take tenancies and emphyteutic                     Somaliland :
        leases of land shall be extended to nationals
        and companies and firms of Member States                        the right to carry on the occupations of
        other than the Kingdom of the Netherlands.                      entertainments promoter and cinema operator
                                                                        shall be extended to nationals and companies
                                                                        and firms of Member States other than the
   3 . In the Republic of Senegal, the Republic of
        Soudan, the Republic of Ivory Coast, the                        French Republic.
        Republic of Dahomey, the Islamic Republic of
        Mauritania, the Republic of •' Niger, the
        Republic of Upper Volta, the Republic of               (c) At the latest during the fourth year of application
        Congo, the Central African Republic, the                   of the Convention:
        Republic of Chad, the Republic of Gabon, the
        Republic of Madagascar,                                    1 . In the Republic of Senegal, the Republic of
                                                                        Soudan, the Republic of Ivory Coast, the
        in Saint Pierre and Miquelon, the Comoro                        Republic of Dahomey, the Islamic Republic of
       Archipelago,      French Somaliland, New                         Mauritania, the Republic of Niger, the
       •Caledonia and dependencies, French Polynesia                    Republic of Upper Volta, the Republic of
        and the Southern and Antarctic Territories,                     Congo, the Central African Republic, the
        in the Republic of Togoland and the State of                    Republic of Chad, the Republic of Gabon, the
        Cameroun :                                                      Republic of Madagascar,
        permission for nationals of Member States to                    in Saint Pierre and Miquelon, the Comoro
        effect banking operations, to direct, administer                Archipelago,       French    Somaliland,    New
        or manage a banking company or firm or the                      Caledonia        and     dependencies,    French
        agency of a banking company or firm, and to                     Polynesia and the Southern and Antarctic
        sign on behalf of a bank, under a mandate,                      Territories,
        documents relating to such operations, shall
        no longer be subject to any condition as                        in the Republic of Togoland and the State of
                                                                         Cameroun :
        regards nationality.
                                                                        the right to carry on mining activities shall be
   4. In the Republic of Senegal, the Republic of                       extended to companies and firms of Member
        Soudan, the Republic of Ivory Coast, the                        States other than the French Republic; any
        Republic of Dahomey, the Islamic Republic of                    discrimination existing between Member
        Mauritania, the Republic of Niger, the                          States as regards the nationality of the
        Republic of Upper Volta :                                       members, directors, auditors, members of
                                                                        supervisory boards, managers, associates,
        it shall no longer be possible , on grounds of                  executives and servants of mining companies
        nationality to refuse to nationals or companies                 shall be removed .
        or firms of Member States other than the
        French Republic the licence required for the
        opening of a travel agency. However,                       2. In the Republic of Togoland and the State of
        authorization for organizing parties of                          Cameroun :
        pilgrims shall continue to be required .
                                                                         any discrimination existing between Member
                                                                         States as regards majority holdings of capital
   5 . In the Republic of Senegal, the Republic of                       in mining undertakings shall be discontinued.
        Soudan, the Republic of Ivory Coast, the
        Republic of Dahomey, the Islamic Republic of
        Mauritania, the Republic of Niger, the                     3 . In the Republic of Senegal, the Republic of
        Republic of Upper Volta, the Republic of                        Soudan, the Republic of Ivory Coast, the
        Madagascar,                                                      Republic of Dahomey, the Islamic Republic of
                                                                         Mauritania, the Republic of Niger, the
        in French Somaliland, New Caledonia and                         Republic of Upper Volta, the Republic of
        dependencies and French Polynesia :                             Madagascar,
 ---pagebreak---                                     Official Journal of the European Communities                                     41
        in French Somaliland :                                          automatically approved by these countries and
                                                                        territories .
        the possibility of obtaining mining concessions
        shall be extended to nationals and companies
        and firms of Member States other than the                   2. In the Republic of Senegal, the Republic of
        French Republic.                                                Soudan, the Republic of Ivory Coast, the
                                                                        Republic of Dahomey, the Islamic Republic of
    4 . In Netherlands New Guinea :                                     Mauritania, the Republic of Niger, the
                                                                        Republic of Upper Volta, the Republic of
        the right to be granted exploration permits                     Madagascar,
        and mining concessions shall be extended to
        nationals and companies and firms of Member                     in French Somaliland :
        States other than the Kingdom of the                            permission to carry on the occupation of
        Netherlands without distinction of nationality                  insurance agent shall, for nationals of Member
        between directors and auditors          who   are
        nationals of Member States .
                                                                        States, no longer be subject to any condition
                                                                        as regards nationality.
    5 . In the Republic of Senegal, the Republic of                 3 . In Netherlands New Guinea :
        Soudan, the Republic of Ivory Coast, the
        Republic of Dahomey, the Islamic Republic of                    the right to carry on inshore fishing and pearl
        Mauritania, the Republic of Niger, the                          fishing shall be extended to nationals and
        Republic of Upper Volta, the Republic of                        companies and firms of Member States other
        Madagascar,                                                     than the Kingdom of the Netherlands.
        in Saint Pierre and Miquelon, the Comoro
        Archipelago, New Caledonia and depen­
        dencies and French Polynesia :                                                   Article 2
        the franchise and eligibility for assemblies of        In the French overseas departments the right of
        chambers of commerce and of agriculture                establishment shall be extended progressively to the
        (assemblies consulates), excepting the office          nationals and companies and firms of Member States
        of president, shall be extended to nationals           other than the French Republic, in manner following ;
        and companies and firms of Member States
        other than the French Republic.
                                                               ( a) During the second year of application of the
                                                                    Convention :
(d) At the latest during the fifth year of application
    of the Convention:                                              1 . In Guadeloupe, Martinique and Réunion :
    1 . In the Republic of Senegal, the Republic of                     the right to carry on the occupation of
        Soudan, the Republic of Ivory Coast, the                        hotel-keeper shall be extended to nationals and
        Republic of Dahomey, the Islamic Republic of                    companies and firms of Member States other
        Mauritania, the Republic of Niger, t|ie                         than the French Republic.
        Republic of Upper Volta, the Republic of
        Congo, the Central African Republic, the                    2. In Guadeloupe, Martinique and Réunion :
        Republic of Chad, the Republic of Gabon, the
                                                                        the . right to carry on the occupation of
        Republic of Madagascar,
                                                                        land-surveyor and valuer shall be extended to
        in Saint Pierre and Miquelon, the Comoro                        nationals of Member States other than the
         Archipelago,     French    Somaliland,     New                 French Republic who hold the official
         Caledonia and dependencies, French Polynesia                   certificate or diploma required in France or an
         and the Southern and Antarctic Territories,                    equivalent certificate in their State of origin,
                                                                        on condition in the latter case that the
        in the Republic of Togoland and the State of                    functions of a land-surveyor and valuer are
         Cameroun :
                                                                        subject to regulation in that State.
         if the problem of control of insurance is
        regulated within the European Economic                 ( b) At the latest during the third year of application
         Community, reciprocity relating to the                     of the Convention:
        obligation to provide guarantees shall no                   1 . In French Guiana :
         longer be required of insurance companies of
         Member     States   other   than    the  French                the possibility of obtaining agricultural and
        Republic. If it is not so regulated, insurance                  stock-raising concessions shall be extended to
         companies approved in France by the Minister                   nationals and companies and firms of Member
        of Finance of the French Republic shall be                       States other than the French Republic.
 ---pagebreak---  42                                   Official Journal of the European Communities
      2. In the French overseas departments :                    (d) At the latest during the fifth year of application
                                                                      of the Convention:
          permission for the nationals of Member States
           to effect banking operations, to' direct,                , In Guadeloupe, Martinique and Reunion :
           administer or manage a banking company or
           firm or the agency of a banking company or                 permission to carry on the occupation of
           firm, and to sign on behalf of a bank, under a             insurance agent shall, for nationals of Member
           mandate, documents relating to such                        States, no longer be subject to any condition as
           operations, shall no longer be subject to any              regards nationality.
           condition as regards nationality.
                                                                                           Article 3
      3 . In the French overseas departments :
           it shall no longer be possible on grounds of          The Member States to which these directives are
          nationality to refuse to nationals or companies        addressed are the Kingdom of Belgium in respect of
          or firms of Member States other than the               the Belgian Congo and Ruanda-Urundi ; the French
          French Republic the licence required for the           Republic in respect of the States of the Community
           opening of a travel agency.                           established between that Republic and certain
                                                                 associated countries, the French overseas territories
     4. In Guadeloupe, Martinique and Reunion :                  and departments, the Republic of Togoland and the
                                                                 State of Cameroun ; and the Kingdom of the
          the right to carry on the occupations of               Netherlands in respect of Netherlands New Guinea.
           manufacturer     of   or  trader   in  wireless
          equipment and spare parts, entertainments                           . .          Article 4
          promoter and cinema operator shall be
          extended to nationals and companies and
          firms of Member States other than the French           The Member States to which these directives are
          Republic.                                              addressed shall notify the Commission of the
                                                                 European Economic Community of amendments
                                                                 introduced       into   the    laws,  regulations  and
                                                                 administrative provisions • relating to the right of
( c) At the latest during the fourth year of application,        establishment in the overseas countries, territories
     of the Convention :-                                       •and departments mentioned in Article 3 above and
                                                                 affecting the nationals and companies and firms of
     In French Guiana :                                          the Member States .
          the right to carry on mining operations shall          Done at Strasbourg, 23 November 1959.
          be extended to companies and firms of                        j
          Member      States   other   than   the  French                              For the Council
          Republic, and French nationality shall no                  The Secretary- General             The President
          longer be a requirement for managerial staff
          of these companies or firms.                                       CALMES                       G. PELLA