SIXTY-SIXTH ORDINARY SESSION OF THE COUNCIL OF MINISTERS Abuja, 1 7 - 1 9 August 2011 REGULATION C/REG.1/08/11 ESTABLISHING THE REGIONAL FOOD AND AGRICULTURE AGENCY (RFAA) THE COUNCIL OF MINISTERS, MINDFUL of Articles 10, 11 and 12 of the E C O W A S Treaty as amended, establishing the Council of Ministers and defining its composition and functions; MINDFUL of Article 25 of the said E C O W A S Treaty on Agricultural Development and Food Security; MINDFUL of Decision A /DEC. 11/01/05 adopting the E C O W A S Agricultural Policy; CONSIDERING the need to establish operational structures with autonomous administrative and financial management to ensure implementation of the E C O W A P / C A A D P projects and programmes; CONSIDERING that the purpose of establishing these structures is not to replace existing technical cooperation institutions or to preclude the establishment of such institutions in the future; CONSIDERING the need to put in place technical institutions that have the capacity to implement activities and investment programmes within the Agricultural sector; CONSIDERING therefore that the Agency shall serve as the technical institution through which E C O W A S would fully play its role of providing support to the actors and regional cooperation institutions to implement the investment programmes; CONVINCED that, by virtue of the purpose of the E C O W A P / C A A D P which is to promote food security, in West Africa, there is a need to establish the Regional Food and Agriculture Agency to ensure the technical implementation of the required regional investment plans and programmes with the support of the regional institutions, organisations and actors that have proven competencies; DESIROUS therefore of establishing a Regional Food and Agriculture Agency (RFAA); ON THE RECOMMENDATION of the meeting of the Specialised Ministerial Committee on Agriculture, Environment and Water Resources of the E C O W A S Member States held on 3rd February 2011 in Accra, Ghana; AGREE AS FOLLOWS: ARTICLE 1 ESTABLISHMENT This Regulation hereby establishes the Regional Food and Agriculture Agency (RFAA). ARTICLE 2 INSTITUTIONAL ARRANGEMENT 1. The Agency specified in Article 1 of this Regulation shall be a specialised technical structure that will work in the Agricultural sector. 2. The Agency shall be established in one of the E C O W A S countries and shall have a Headquarters Agreement which shall vest on it all privileges accorded an international institution in conformity with the E C O W A S General Convention on Privileges and Immunities of 1978. 3. It shall have administrative and financial autonomy and its rules of procedure, legal, administrative and financial operating regulations shall be (staff regulations, administrative and financial 2 management procedures) in conformity with those enforced in E C O W A S . 4. The Commissioner for Agriculture, Environment and Water Resources shall supervise RFAA on behalf of the President of the E C O W A S Commission. ARTICLE 3 MANDATE AND MISSION 1. The mandate of the Agency is to ensure the technical implementation of programs and regional investment plans and contribute to the operationalization of the E C O W A S agricultural policy, by working with regional institutions, agencies and stakeholders with proven expertise. 2. The functions shall include: a) To enhance the intervention capacity of the E C O W A S Commission, particularly the Department for Agriculture, Environment and Water Resources, reinforcing its technical capacity to implement investment programs and enable it provide strategic orientation, regulation and control. b) To contribute in the capacity building of the regional actors in document preparation and implementation of activities and help improve the various services provided by the technical cooperation institutions and other regional actors undertaking activities in the agricultural sector (private sector, professional agricultural organisations and civil society). c) To coordinate and streamline the activities of the specialized technical institutions in the agricultural and agro-food sectors. ARTICLE 4 OPERATIONS 1. The Agency shall submit, for approval, requests for financing to the managers of the Regional Food and Agriculture Fund established by Council Regulation C /REG.2 /08/11. 2. The Agency shall request for technical advice from the Advisory Committee on Food and Agriculture established by Council Regulation C/REG.3/08/11 and from an Inter-departmental 3 Committee to be established by the President of the Commission. ARTICLE 5 OPERATING STRUCTURES The Agency shall comprise one executive Directorate under which two operational units shall be established: the administration and finance unit and the technical unit for implementation of the programmes. ARTICLE 6 FUNCTIONS OF THE EXECUTIVE DIRECTORATE 1. The Executive Directorate shall be responsible for the management of the Agency, and shall manage relations with the Department of Agriculture, Environment and Water Resources, as well as other structures involved in the implementation of the agricultural policy, technical cooperation institutions, (Regional Advisory Committee and the inter-department) other Producers and socio-professional organisations, civil society and all other regional actors that contribute towards achieving the goal of E C O W A P . 2. The Executive Directorate shall coordinate the preparation of programme budget estimates for submission to the E C O W A S Statutory Authorities through the Commissioner for Agriculture, Environment and Water Resources. 3. The Executive Directorate shall receive and centralise the projects and programmes jointly financed and submitted to the Agency for implementation by the Member States, technical institutions, other regional actors and banks prior to submitting these to the E C O W A F Food and Agricultural Fund (ECOWADF) managers. 3. The Executive Directorate shall ensure proper functioning of the Agency and shall submit reports on its activities to the E C O W A S statutory authorities. 5. The Executive Directorate shall organize financial and technical audits on the Agency and submit same to the President of the Commission through the Department of Agriculture, Environment and Water Resources. 4 ARTICLE 7 FUNCTIONS OF THE ADMINISTRATION AND FINANCE UNIT 1. The Administration and Finance Unit shall be under the authority of the Executive Directorate and shall be responsible for the management of administrative and financial affairs. 2. It shall ensure compliance of the administrative and financial actions undertaken by the Agency with the relevant rules and regulations enforced in E C O W A S . 3. It shall keep the Agency's accounts, prepare, sign and monitor contracts signed with the partner institutions. 4. It shall manage the human resources of the Agency and be in charge of Staff Welfare. 5. It shall ensure compliance with all Protocols signed with partner institutions on matters that fall within its purview. ARTICLE 8 FUNCTIONS OF THE TECHNICAL UNIT 1. The Technical Unit in charge of programme implementation shall collaborate in the development of policy instrument aimed at stimulating agricultural production. It shall coordinate the technical implementation of investment programmes and the establishment of policy incentives for agricultural production. 2. The Unit shall ensure the proper execution of all planned activities. To that end, it shall undertake two categories of tasks: appropriate preparation of the programme documents and regular monitoring of the status of implementation of the activities by different service providers. 3. The Unit shall undertake capacity building of the Institutions and all actors eligible to directly execute activities under the three specific objectives of the Regional Agricultural Investment Programme: support for the preparation of bid tenders, training of those involved in project management and issues relating to gender mainstreaming and the environment. 4. Regarding monitoring, the technical unit is responsible for auditing activities to verify compliance with project or program 5 specifications. It may suggest, after discussion with the different stakeholders and analysis of the context, adjustments to be made. ARTICLE 9 STAFFING The staffing of the Agency as well as the matching job profiles as contained in the detailed "Note on the institutional mechanism and financial arrangements for E C O W A P / C A A D P implementation" attached to this Regulation are hereby adopted. ARTICLE 10 PUBLICATION This Regulation shall be published by the E C O W A S Commission in the Official Journal of the Community within thirty (30) days after its signature by the Chairman of Council. It shall also be published by each Member State in its Official Gazette within thirty (30) days after its notification thereof by the Commission. DONE AT ABUJA, THIS 1 9 m DAY OF AUGUST 2011 H.E. OLUGBENGA ASHIRU CHAIRMAN FOR COUNCIL 6 COMMUNAUTE ECONOMIQUE DES ETATS DE L'AFRIQUE STATES DE L'OUEST SIXTY-SIXTH ORDINARY SESSION OF THE COUNCIL OF MINISTERS ABUJA, 1 7 - 1 9 August 2011 REGULATION C/REG. 2/08/11 CREATING THE REGIONAL FOOD AND AGRICULTURE FUND (ECOWADF) THE COUNCIL OF MINISTERS, MINDFUL of Articles 10, 11 and 12 of the E C O W A S Treaty as amended, establishing the Council of Ministers and defining its composition and functions; MINDFUL of Article 25 of the said E C O W A S Treaty on Agricultural Development and Food Security; MINDFUL of Decision A /DEC. 11/01/05 adopting the E C O W A S Agricultural Policy; RECALLING the recommendation of the Extraordinary Session of the Joint Meeting of E C O W A S Ministers of Regional Integration, Agriculture, Trade, Economic Affairs and Finance held on 23 r d October 2009 in Yamoussoukro on the creation of the Regional Food and Agriculture Fund; CONSIDERING that the E C O W A S Agricultural Policy adopted in 2005 provides for intervention activities within its any components and that various structures have been established by legal acts to undertake activities within the framework of E C O W A P ; RECOGNISING the need for the provision of funds to support the operations of these structures; ECONOMIC COMMUNITY OF WEST AFRICAN DESIROUS therefore of establishing a fund for investment in the Agricultural sector, to implement and monitor programmes derived from E C O W A P ; ON THE RECOMMENDATION of the meeting of the Specialised Ministerial Committee on Agriculture, Environment and Water Resources held on 3 r d February 2011 in Accra, Ghana; E N A C T S : ARTICLE 1 This Regulation hereby creates the Regional Food and Agriculture Fund (ECOWADF) . ARTICLE 2 1. The Regional Food and Agriculture Fund referred to in Article 1 of this Regulation assures funding for the regional investment programmes being implemented by the Regional Food and Agriculture Agency by channeling all domestic and foreign resources towards financing the E C O W A S / C A A D P regional programmes. 2. It shall supplement the national financing arrangements put in place by E C O W A S Member States to ensure financing of the National Agricultural Investment Programmes (NAIP). ARTICLE 3 1. The Fund shall be managed by the E C O W A S Bank for Investment and Development (EBID) under a Delegation Agreement establishing the rules and procedures jointly defined by the E C O W A S Commission and EBID. 2. Accordingly, the Regional Food and Agriculture Fund shall be established within the EBID premises in Lome, Togolese Republic. 2 ARTICLE 4 This Regulation shall be published by the E C O W A S Commission in the Official Journal of the Community within thirty (30) days after its date of signature by the Chairman of the Council of Ministers. It shall also be published by each Member State in its Official Journal within thirty (30) days after its notification thereof by the Commission. DONE AT ABUJA, THIS 19 t h DAY OF AUGUST 2011 H.E. OLUGBENGA ASHIRU CHAIRMAN FOR COUNCIL 3 COMMUNAUTE ECONOMIQUE DES ETATS DE L'AFRIQUE DE L'OUEST ECONOMIC COMMUNITY OF WEST AFRICAN STATES SIXTY-SIXTH ORDINARY SESSION OF THE COUNCIL OF MINISTERS Abuja, 1 7 - 1 9 August 2011 REGULATION C/REG.3/08/11 ESTABLISHING THE ADVISORY COMMITTEE FOR FOOD AND AGRICULTURE THE COUNCIL OF MINISTERS, MINDFUL of Article 10, 11 and 12 of the E C O W A S Treaty as amended, establishing the Council of Ministers and defining its composition and functions; MINDFUL of Article 25 of the said E C O W A S Treaty relating to Agricultural Development and Food Security; MINDFUL of Decision A /DEC. 11/01/05 adopting the E C O W A S Agricultural Policy; RECOGNISING that the establishment of an Advisory Committee will institutionalize the multi-actor partnership initiated during the E C O W A S / C A A D P process for the implementation of the Agricultural Policy; DESIROUS of establishing the Advisory Committee for Food and Agriculture; ON THE RECOMMENDATION of the Extraordinary Session of the joint meeting of Ministers in charge of Regional Integration, Agriculture, Trade, Economy and Finance, held in Yamoussoukro on 23 October 2009; ENACTS ARTICLE 1: Establishment This Regulation hereby establishes the Advisory Committee for Food and Agriculture (ACFA) as a forum for regular consultation on all aspects relating to the implementation of E C O W A S / C A A D P . ARTICLE 2: Composition 1. The composition of the Advisory Committee for Food and Agriculture (ACFA) shall reflect a fair representation of Member States' representatives, professional organisations (farmers' organisations and private food-processing industries), regional cooperation organisations and technical and financial partners. 2. The A C F A shall comprise: a) Representatives of E C O W A S Institutions, namely: i) President of the Commission; ii) Commissioner for Agriculture, Environment and Water Resources; iii) Representative of the E C O W A S Parliament, and iv) Director of Agriculture and Rural Development; b) Representatives of Member States from the Ministries of Agriculture and E C O W A S Affairs: c) Representatives of professional organisations, namely: i. Four representatives of professional farmers' organisations; ii. Two representatives of the Regional Network of Chambers of Agriculture; iii. Two representatives of the private food-processing industries; d) A Representative from each of the regional Institutions below: i. Comite permanent Inter-etats de Lutte contre la Secheresse (CILSS) ii. West African Economic Monetary Union (UEMOA) iii. La Conference des Ministres de TAgriculture de I'Afrique de I'Ouest (CMAAOC) iv. Conseil Ouest et Centre Africain pour la Recherche et le Developpement Agricoles (CORAF) v. Africa Rice Centre vi. International Institute of Tropical Agriculture (IITA) vii. Rural Hub. e) Three representatives of technical and financial partners appointed from the Tradition Famille Propriete (TFP) coordinating group; f) Two representatives of NGOs supporting agricultural development; g) Other invited or resource persons from within or outside the region. Invited by Chairman of A C F A depending on the subject matter. 3. The Committee shall be chaired by the Minister of Agriculture of the country at the chairmanship of E C O W A S at the given time. 4. A representative of the professional farmers' organisations shall be the Vice Chairman of the Committee. 5. The Department of Agriculture, Environment and Water Resources of the E C O W A S Commission shall provide secretarial services for A C F A . ARTICLE 3: Mandate The Advisory Committee for Food and Agriculture shall advise on all issues relating to the implementation of the E C O W A S Agricultural Policy (ECOWAP/CAADP) . It shall: a. Advise on E C O W A P / C A A D P orientations; b. Advise on the annual plan of action of the Regional Investment Programmes; c. Advise on budgetary orientations; d. Review the annual monitoring and evaluation report, the report of the implementation of the Regional Fund for Food and Agriculture; e. Submit to the E C O W A S Commission, any matter members may consider relevant within the framework of the E C O W A P / C A A D P operationalisation; f. Provide a forum for discussions on the initiatives of various stakeholders; g. Monitor the implementation of the Regional Partnership Agreement. ARTICLE 4: Operation 1. The Committee shall meet once (1) a year at the invitation of its Chairman. 2. The meeting shall be scheduled based on the timetable for the preparation of the Regional Investment Programme (RAIP) Annual Operational Plan, before submission to E C O W A S decision-making bodies. 3. Its operational costs shall be charged to the budget of the Department of Agriculture, Environment and Water Resources. ARTICLE 5: Publication This Regulation shall be published by the E C O W A S Commission in the Official Journal of the Community within thirty (30) days after its date of signature by the Chairman of the Council of Ministers. It shall also be published by each Member State in its Official Journal within thirty (30) days after its notification thereof by the Commission. DONE AT ABUJA, THIS 1 9 m DAY OF AUGUST 2011 H.E. OLUGBENGA ASHIRU CHAIRMAN FOR COUNCIL COMMUNAUTE ECONOMIQUE DES ETATS DE L'AFRIQUE DE L'OUEST ECONOMIC COMMUNITY OF WEST AFRICAN STATES SIXTY-SIXTH ORDINARY SESSION OF THE COUNCIL OF MINISTERS Abuja, 1 7 - 1 9 August 2011 REGULATION C/REG.4/08/11 ON THE VALIDATION OF THE STRATEGIC ACTION PLAN FOR THE DEVELOPMENT AND TRANSFORMATION OF LIVESTOCK FARMING IN WEST AFRICA THE COUNCIL OF MINISTERS, MINDFUL of Articles 10, 11 and 12 of the E C O W A S Treaty as amended, relating to the establishment of the Council of Ministers and defining its composition and functions; MINDFUL of Article 25 of the said E C O W A S Treaty on Agricultural Development and Food Security; MINDFUL of Decision A /DEC. 11/01/05 adopting the E C O W A S Agricultural Policy; MINDFUL of Decision C /DEC. 1/5/81 on the components of the fight against hunger, multiplication of certain varieties of plant and animal species, funding of research programs and project for agricultural production, storage and treatment of agricultural products; MINDFUL of Decision A/DEC/5/10/98 of the Authority of the Heads of States and Government of transhumance within the E C O W A S region; MINDFUL of the Supplementary Act A/SA/12/01/07 on establishment of a sub-regional mechanism of coordination of the prevention and Response against Avian Influenza in West Africa; - 2 - MINDFUL of Directive C/DIR.1/11/10 on the E C O W A S Veterinary Pharmacy; MINDFUL of regulation C/REG.21/11/10 on harmonizing the structure and the operating rules in security and protection of plants, animals and fruits; MINDFUL of Regulation C / R E G . 22/11/10 on the Procedure for the management of veterinary medicine; MINDFUL of Regulation C/REG.23/11/10 on the establishment, composition and modalities of operation of the Veterinary Regional Committee within E C O W A S ; MINDFUL of the Maputo declaration which obliges African countries to allocate 10% of their budgets to fund agricultural matters; CONSIDERING that livestock constitutes a major component of E C O W A P for which veterinary structures and organs have been established; CONVINCED by the need of adopting a regional plan of action for the implementation and monitoring of programmes and activities relating to the development of livestock; ON RECOMMENDATION of the meeting of E C O W A S Agriculture and Livestock Ministers which was held on 10 March 2011 at Bamako, Republic of Mali; ENACTS ARTICLE 1 The Strategic Action plan for the Development and Transformation of Livestock Farming in West Africa attached to the Regulation is hereby adopted. - 3 - ARTICLE 2 1. The E C O W A S Commission shall take necessary measures for the implementation of the Strategic Action Plan for the Development and Transformation of Livestock Farming in West Africa. 2. The President of the Commission through the Commissioner for Agriculture, Environment and Water Resources shall monitor the implementation of the Strategic Plan of Action. ARTICLE 3 This Regulation shall be published by the E C O W A S Commission in the Official Journal of the Community within thirty (30) days of its signature by the Chairman of the Council of Ministers. It shall also be published by each Member State in its Official Journal within the same time frame after due notification by the Commission. DONE AT ABUJA, THIS 19™ DAY OF AUGUST 2011 H.E. OLUGBENGA ASHIRU CHAIRMAN FOR COUNCIL COMMUNAUTE ECONOMIQUE DES ETATS DE L'AFRIQUE DE L'OUEST SIXTY-SIXTH ORDINARY SESSION OF THE COUNCIL OF MINISTERS Abuja, 1 7 - 1 9 August 2011 REGULATION C/REG.5/08/11 RELATING TO THE DENOMINATION AND THE ESTABLISHMENT OF THE RULES FOR THE FUNCTIONS, ORGANIZATION AND MODE OF OPERATION OF THE ECOWAS PROJECT PREPARATION AND DEVELOPMENT UNIT (PPDU) THE COUNCIL OF MINISTERS, MINDFUL of Articles 10, 11 and 12 of the E C O W A S Treaty as amended, establishing the Council of Ministers and defining its composition and functions; MINDFUL of the provisions of Article 28 of the said Treaty relating to the coordination and harmonisation of policies and programmes in the field of energy; MINDFUL of the provisions of Article 32 of the said Treaty on the coordination and harmonisation of policies and programmes in the field of transport; MINDFUL of Protocol A/P1/7/96 on the conditions governing the application of the Community Levy; MINDFUL of Supplementary Act A/SA.6/01/08 amending Decision A/DEC.9/01/06 on the allocation of resources from the Community Levy to Community Institutions; ECONOMIC COMMUNITY OF WEST AFRICAN STATES MINDFUL of Regulation C/REG.9/12/99 approving the restructuring of the E C O W A S Executive Secretariat in order to make it more functional and to pursue E C O W A S and N E P A D objectives, thereby fulfilling the expectations of Member States; MINDFUL of Regulation C / R E G . 18/01/05 of 18 January 2005 relating to the creation within the E C O W A S Executive Secretary of a Project Development and Implementation Unit (PDIU) for the Development and Implementation of NEPAD Infrastructure Projects; DESIROUS of amending, by this Regulation, the provisions of Regulation C / R E G . 18/01/05 of 18 January 2005 to make the said provisions consistent with the texts establishing the P P D U ; MINDFUL of Regulation C / R E G . 18/11/08 of 29 November 2008 relocating the E C O W A S Project Preparation and Development Unit (PPDU) to E C O W A S Bank for Investment and Development (EBID) and establishing the Infrastructure Fund for financing the activities of the Unit; BEARING IN MIND that the term " P P D U " is commonly used by various stakeholders in the infrastructure sector and that the said term may be retained as the designation for the Project Preparation and Development Unit; OBSERVING that the term "PDIU" has changed to become " P P D U " for reasons of the partial change in the mandate and responsibilities of the Unit; CONSIDERING the imperative need to define the organisation, functions and mode of operation of the Project Preparation and Development Unit to facilitate the take-off of its activities; CONSIDERING that, upon the creation of the P P D U , a Working Group comprising E C O W A S Commission and its technical and financial partners was established, and that the said Group affirmed the importance of conferring autonomy on the P P D U ; DESIROUS therefore of adopting Regulations to govern the organisation, functions and mode of operation of the P P D U ; ON THE RECOMMENDATION of the ninth meeting of the Administration and Finance Committee held in Abuja in May 2011; 2 ENACTS: CHAPTER 1: DEFINITIONS, DENOMINATION, FUNCTIONS, ORGANISATION AND MODE OF OPERATION OF THE PPDU Article 1 Definitions For the purpose of these Regulations, and unless the context otherwise dictates: "Treaty" means the Revised Treaty of the Economic Community of West African States (ECOWAS) signed in Cotonou on 24 July 1993 and all its amendments; "ECOWAS" means the Economic Community of West African States, established under Article 2 of the 1993 Revised Treaty of E C O W A S ; "Unit" means the Project Preparation and Development Unit (PPDU); "Community" means the Economic Community of West African States (ECOWAS) referred to under Article 2 to the revised Treaty and subsequent protocols; "Commission" means the E C O W A S Commission established by virtue of the New Article 17 of the Supplementary Protocol A/SP.1/06/06 amending the Revised Treaty; "Director" means Director of PPDU "Member States" means the Member States of E C O W A S ; "Council of Ministers" means the Council of Ministers as established by Article 10 of the E C O W A S Revised Treaty; "NEPAD" means the New Partnership for Africa's Development: 3 "Technical and Financial Partners" means the donors and development partners which support P P D U activities through financing, technical assistance and capacity building; "The Advisory Facility" (AF): means the facility support to the public sector or in some cases the private sector in partnership with the public sector; "The Infrastructure Developer Challenge Fund" (IDCF): means the facility provided for the funding of the operations of projects preparation of the private sector. "Stakeholder" means all entities that will benefit from the activities of the P P D U and/or have provided a financial contribution or technical assistance to it. Article 2 Denomination 1. The N E P A D Infrastructure Projects Development and Implementation Unit (PDIU) established in the E C O W A S Commission is hereby re-designated Project Preparation and Development Unit (PPDU). 2. The P P D U shall be vested with legal personality and the autonomy necessary to discharge its mandate. Article 3 Functions of the PPDU 1. The P P D U shall be responsible for: a. preparing and developing regional integration infrastructure projects in E C O W A S Member States; b. management of a dedicated infrastructure fund for preparation of the projects; c. promotion of public/private partnerships in investment financing and project management in E C O W A S ; d. discharging such other tasks as may be assigned to it by its governance organs. 4 2. To this end, the P P D U shall: a) Identify, select and prioritize regional integration infrastructure projects in consultation with the E C O W A S Commission, Member States and the private sector; b) Mobilise the resources required for preparation and development of infrastructure projects; c) Undertake the studies and activities required for preparation and development of infrastructure projects with a view to making the projects bankable; d) Create a more attractive climate for regional infrastructure projects financing and investment; e) Manage the Infrastructure Funds, and all the other Funds placed at its disposal; f) Serve as regional focal point for capacity-building of similar structures in E C O W A S Member States; g) Negotiate and conclude cooperation and/or partnership agreements with regional and sub-regional institutions in the area of infrastructure project preparation and development. h) Monitor and evaluate the implementation of projects it supports. Article 4 Governance organs The governance organs of the P P D U shall be: - The Steering Committee; and - The Directorate. Article 5 Composition and Functions of the Steering Committee The Steering Committee shall be the strategic decision-making organ of the P P D U . 5 1. Composition of the Steering Committee a) The Steering Committee shall be composed of the following nine (9) members representing P P D U stakeholders: i. Two (2) Representatives of the E C O W A S Commission; ii. One (1) Representative of the E C O W A S Bank for Investment and Development (EBID); iii. Two (02) Members representing E C O W A S Member States; iv. Three (03) Members representing the Technical and Financial Partners; and v. One (01) Member representing the Private Sector. b) One of the Representatives of E C O W A S Commission shall be the Chairperson of the Steering Committee. The Deputy Chairperson shall be elected by Members of the Steering Committee. c) Members of the Steering Committee shall be persons recognised for their technical and managerial competence. d) The Director of P P D U shall participate in meetings of the Steering Committee in a non-voting capacity. 2. Functions of the Steering Committee The Steering Committee shall perform the following functions: a) Propose from time to time for adoption by E C O W A S Statutory Authorities the overall mandate and management policy of the P P D U ; b) Approve the operating strategy of the P P D U ; c) Appoint External Auditors and review and approve the annual audited financial accounts; 6 d) Approve the annual operating plan and budget submitted by the P P D U Management; e) Approve the organisational structure of the P P D U ; f) Appoint the Director, evaluate his/her performance and, if need be, terminate his/her appointment; g) Approve the appointment proposal for the senior management staff of the P P D U ; h) Approve the applications for the Advisory Facility (AF) and the Infrastructure Developer Challenge Fund (IDCF); i) Approve P P D U Management submissions in respect of distribution/allocation of A F and IDCF; j) Approve the commitments and expenditures of the A F and the IDCF; k) Approve the risk management plan, financial audit and control procedures of the P P D U ; I) Approve the Rules of Procedure and the Manuals of Accounting, Financial, Administrative and Human Resource Management Procedures of the P P D U ; m)Monitorthe performance of the PPDU in relation to its mandate; n) Review the performance of the P P D U from time to time and make appropriate recommendations to the statutory authorities of E C O W A S . The periodicity for review shall be specified in the Manual of Procedure. Article 6 Mode of Operation of the Steering Committee a) The Steering Committee shall hold two (2) ordinary sessions in a calendar year, and an extra-ordinary session (s) where the need arises, at the invitation of its Chairperson or at the instance of at least two-thirds (2/3) of its members. The Chairperson shall address a written notification to each member not later than fifteen (15) days before any of the meetings. 7 b) The Deputy Chairperson shall stand in for the Chairperson: - At the request of the Chairperson; or - Where the Chairperson is unable to carry out his/her duties. c) In case of vacancy of the position of Deputy Chairperson, the Chairperson shall provisionally appoint a member of the Steering Committee to serve as Deputy Chairperson until the next meeting of the Committee at which a new Deputy Chairperson shall be appointed. d) Two-thirds (2/3) of the Steering Committee shall constitute a quorum. Decisions of the Steering Committee shall be taken by a simple majority of the members present and voting. In the event of a tie, the Chairperson shall have a casting vote. e) The deliberations of the Steering Committee shall be recorded in a report signed by its Chairperson and the designated Rapporteur. f) The P P D U Directorate shall serve as the Secretariat of the Steering Committee. g) Members of the Steering Committee shall receive sitting allowance as prescribed in the P P D U Manual of Procedures referred to under Article 9 of this Regulation. Their participation in the various sessions shall be covered by the budget of the P P D U . i) The Steering Committee may set up technical committees whenever necessary. Article 7 Election and Term of Office, Resignation and Removal, Vacancy of Position 1. Election and Term of Office a) With the exception of the Representatives of the E C O W A S Commission and those of EBID, members of the Steering Committee shall be appointed for a non-renewable tenure of four (4) years with effect from the date of their appointment. 8 b) The Representatives of E C O W A S Commission, namely: the Commissioner for Infrastructure and the Commissioner for Finance and Administration or their respective representatives, shall be appointed in their official capacity. c) The Representative of EBID, namely, the Vice President in charge of Operations or his/her Representative shall be appointed in his/her official capacity. d) Representatives of Member States shall be appointed by consensus from among E C O W A S Member States on a two (2) year rotational basis. e) Without prejudice to Article 11 (2) of this Regulation the procedure for appointing representatives of the Steering Committee with the exception of the representatives of the E C O W A S Commission and EBID shall be defined in a regulation to be adopted by the Steering Committee established under Article 3 of this Regulation. 2. Resignation and Removal from Office a) Any member wishing to resign from the Steering Committee shall give fifteen (15) days notice thereof to the Chairperson of the Steering Committee who shall inform the other members accordingly. b) A member of the Steering Committee may be removed from office for dereliction of duty, gross misconduct, repeated unjustified absence from committee sessions or where he/she has been convicted of a criminal offence, in accordance with the Rules of Procedure of the Committee. c) In case of resignation, death or removal from office of a member of the Steering Committee, his/her replacement shall be chosen without prejudice to the composition of the Steering Committee. 3. Vacancy of position Where the position of a member of the Steering Committee becomes vacant during his/her tenure, the Chairperson of the Steering Committee shall take all appropriate measures for 9 replacement of the member without prejudice to the composition of the Steering Committee. Article 8 Directorate of the PPDU 1. Functions of the Director The Director shall: a) Act as the principal representative of the P P D U in its dealings with all the key stakeholders; b) Implement the decisions of the Steering Committee; c) Represent the P P D U in all contractual transactions and act as its legal representative. d) Initiate and conduct staff recruitment in conformity with the organizational structure and the relevant procedures, as adopted by the Steering Committee; e) Organise and coordinate all activities of the P P D U ; f) Manage the assets of the Unit; g) Sign contracts within the limits set by the Steering Committee; h) Authorize expenditure within the limits set by the Steering Committee; i) Recruit experts and consultants to render services relating to the effective running of the Unit, depending on the workload of the relevant staff; j) Manage and supervise the staff of the P P D U in the execution of their day-to-day activities and report to the Steering Committee; k) Build a good image for the Unit by the quality of the projects presented ; I) Perform such other functions as may be assigned to him/her by the Steering Committee. 10 2. Recruitment of the PPDU Director a) The profile and grade required for the position of Director of the P P D U shall be determined by the Steering Committee which shall adopt the Terms of Reference for the said position. b) Recruitment of the Director of the P P D U shall be conducted in a transparent manner through competitive international recruitment procedure, open only to nationals of E C O W A S Member States. c) The Director of the P P D U shall be recruited on account of his/her competences and experience in infrastructure project management as defined in the profile of the position. d) In collaboration with the appropriate Human Resource Committee of the E C O W A S Commission, three (3) members of the Steering Committee shall participate in the process of selecting the Director. e) The Director of the P P D U shall be appointed by the Steering Committee for a tenure of five (5) years, renewable once. f) The personal emoluments of the Director shall be determined by the Steering Committee and shall be competitive in relation to comparable institutions. g) Renewal of the tenure of the Director shall be subject to an evaluation of his/her performance by the Steering Committee. The Steering Committee shall decide whether or not to renew the tenure of the Director depending on the outcome of the evaluation. Article 9 Staff of the P P D U 1. The P P D U staff complement shall comprise of a Director, a technical team and support administrative staff recruited on the basis of the organizational structure and the P P D U Staff Regulations adopted by the Steering Committee. 2. Recruitment shall be carried out in collaboration with the appropriate Human Resources Committee of the E C O W A S Commission. n Article 10 Manuals of Procedure and Rules of Procedure 1. The rules governing the operation of the P P D U shall be set out in the Manuals of Procedure and Operation adopted by the E C O W A S Council of Ministers on the recommendation of the Steering Committee. 2. The Steering Committee shall adopt its own Rules of Procedure Article 11 Communication The P P D U shall devise a communication policy with a view to promoting and ensuring the transparency of its activities. It shall publish a report on its activity, on annual basis. CHAPTER 2: FINANCIAL AND ACCOUNTING PROVISIONS Article 12 Funding and Utilization 1. The P P D U shall be financed by contributions from the stakeholders. The funds so raised shall be used to finance: a. The Infrastructure Fund; and b. The operating budget. 2. The Infrastructure Fund 1) The Infrastructure Fund shall comprise two types of Fund: the Advisory Facility (AF) and the Infrastructure Developer Challenge Fund (IDCF). 2) The sources of funding for the Infrastructure Fund shall be: a) The Community; b) Donors, contributors, foundations and development partners; c) Public-private sector partnership mechanisms; and d) All other sources. 12 3. The Advisory Facility (AF): The Advisory Facility shall serve to provide support to the public sector in the form of technical assistance towards preparation and negotiation of infrastructure projects. The Facility shall also be used to support the public sector during project preparation and negotiation with the private sector. 4. The Infrastructure Developer Challenge Fund (IDCF) a. The IDCF shall serve to provide support towards development of private sector-led infrastructure projects emanating from public-private partnership. 5. Common procedures of the two funds b. Distribution of the funds shall be determined by the Steering Committee. c. The procedure for use as well as the criteria for accessing the A F and the IDCF shall be established by the P P D U Directorate and approved by the Steering Committee. d. For both the AF and the IDCF, there shall be open invitations for the tendering of proposals from E C O W A S Member States' Governments and private sector regarding the provision of grants and/or contributions towards the cost of infrastructure projects. 6. Operating Budget The Operating budget of the P P D U shall be made up of resources as a determined by the Steering Committee of the P P D U . 7. Adoption of PPDU Budget The budget for the upcoming year shall be adopted by the Steering Committee in the last quarter of the current year. 13 Article 13 Financial Regulations of the PPDU 1. The P P D U shall provide itself with Financial Regulations and a Manual of Accounting Procedures approved by the Steering Committee. 2. The Financial Regulations referred to in paragraph 1 of this article shall be in conformity with the E C O W A S Financial Regulation and Manual of Accounting Procedures. CHAPTER 3: TRANSITIONAL AND FINAL PROVISIONS Article 14 Transitional Provisions 1 .a) For the purpose of speedy takeoff of the activities of the P P D U , interim personnel shall be recruited for the Unit on one-year renewable contract. The said recruitment shall be undertaken under the supervision of the President of the E C O W A S Commission. A Recruitment Committee is hereby established, with membership comprising the Representatives of E C O W A S Commission (Infrastructure Department, Human Resources Directorate), financial and technical partners, and two resource persons recognized for their competence in infrastructure development. 1 .b) The Committee shall select the candidates on the basis of a fair, transparent and competitive process. 2. The appointment of the Steering Committee members shall be undertaken under the supervision of the President of E C O W A S Commission in consultation with the stakeholders. 3. The operating budget of US$8,864 million appropriated by the Council of Ministers by Regulation C / R E G . 18/11/08 of 29 November 2008, for a period of five years, shall be reallocated for five (5) years with effect from the date of signing of this Regulation. 4. The Infrastructure Fund shall start off with the sum of US$ten (10) million as per Regulation C / R E G . 18/11/08 of 29 November 2008 adopted by the E C O W A S Council of Ministers. Other project funding needs shall be met by this Fund, as well as by the donors 14 and development partners participating in the financing of the P P D U . Article 15 Final Provisions 1. This Regulation abrogates all contrary previous provisions, particularly the provisions of Regulation C / R E G . 18/01/05 of 18 January, 2005 establishing within the E C O W A S Executive Secretariat, a Unit for the development and implementation of N E P A D infrastructure projects. 2. It shall be published by E C O W A S Commission in the Official Journal of the Community within thirty (30) days of its signature by the Chairman of the Council of Ministers. It shall also be published by each Member State in its National Gazette within thirty (30) days after notification by the Commission. Done at Abuja this 19™ day of August 2011 H.E. OLUGBENGA ASHIRU CHAIRMAN FOR COUNCIL 15 COMMUNAUTE ECONOMIQUE DES ETATS DE L'AFRIQUE DE L'OUEST SIXTY FIFTH ORDINARY SESSION OF THE COUNCIL OF MINISTERS Abuja, 17 - 19 August 2011 REGULATION C/REG.6/8/11 APPROVING THE 2010 AUDITED FINANCIAL STATEMENTS OF THE ECOWAS COMMISSION THE COUNCIL OF MINISTERS, MINDFUL of Art icles 10, 11 and 12 of the E C O W A S Treaty as amended, establishing the Council of Ministers and defining its composition and functions; MINDFUL of Article 75 of the Treaty appointing the External Auditors of the E C O W A S Institutions; MINDFUL of Regulation C /REG.5 /05 /09 of 2 7 t h May 2009 relating to the Financial Regulation of E C O W A S Institutions; MINDFUL of Decision A /DEC.1 /07 /10 of 2 n d July 2010 relating to the renewal of the contract of the Firm Deloitte et Touche Cote d'lvoire as External Auditors of the Community Institutions; MINDFUL of the contract between E C O W A S and the Firm Deloitte et Touche Cote d'lvoire relating to the conditions of service of the Internal Auditors of the Community Institutions; ECONOMIC COMMUNITY OF WEST AFRICAN STATES - 2 - AFTER CONSIDERING the report of the firm, « Deloitte and Touche, Cote d'lvoire », on the 2010 financial statements of the Community Parliament; ON THE RECOMMENDATION of the twentieth meeting of the Audit Committee, held in Abuja from 11 to 15 August 2011; ARTICLE 1er: The audited financial statements of the E C O W A S Commiss ion for 2010 is hereby approved. ARTICLE 2: This Regulat ion shall be published by the E C O W A S Commiss ion in the Official Journal of the Community within thirty (30) days after its date of signature by the Chairman of the Counci l of Ministers. It shall also be published by each Member State in its Official Journal within thirty (30) days after its notification thereof by the Commiss ion . DONE AT ABUJA, THIS 1 9 m DAY OF AUGUST 2011 ENACTS H.E. OLUGBENGA ASHIRU C H A I R M A N F O R C O U N C I L COMMUNAUTE ECONOMIQUE DES ETATS DE L'AFRIQUE DE L'OUEST ECONOMIC COMMUNITY OF WEST AFRICAN STATES SIXTY FIFTH ORDINARY SESSION OF THE COUNCIL OF MINISTERS Abuja, 17 - 19 August 2011 REGULATION C/REG.7/8/11 APPROVING THE 2010 FINANCIAL STATEMENTS OF THE COMMUNITY LEVY MANAGED BY THE ECOWAS COMMISSION THE COUNCIL OF MINISTERS, MINDFUL of Articles 10, 11 and 12 of the E C O W A S Treaty as amended, establishing the Counci l of Ministers and defining its composition and functions; MINDFUL of the provisions of Article 72 of the said Treaty relating to Community Levy; MINDFUL of Article 75 of the Treaty appointing the External Auditors of the E C O W A S Institutions; MINDFUL of the Protocol A/P1/7/96 relating to the conditions of application of the Community Levy; MINDFUL of Decision A / D E C . 10/11/03 relating to the report of 1 s t July 2003 of the day of full entry into force of the Community Levy; MINDFUL of Decision A /DEC.9 /01 /06 on transfer of resources of the Community Levy to the Community Institutions; - 2 - MINDFUL of Supplementary Act A /SA.6 /01 /08 amending the Decision A /DEC.9 /01 /06 on transfer of resources of the Community Levy to Community Institutions; MINDFUL of Resolut ion A /RES.1 /8 /97 relating to the urgent implementation of the Community Levy; MINDFUL of Regulation C /REG.5 /05 /09 of 2 7 t h May 2009 relating to the Financial Regulation of E C O W A S Institutions; MINDFUL of Decis ion A / D E C . 1/07/10 of 2 n d July 2010 relating to the renewal of the contract of the firm, "Deloitte et Touche of Cote d'lvoire, as External Auditors of the Community Institutions; MINDFUL of the contract between E C O W A S and the firm, "Deloitte et Touche of Cote d'lvoire", relating to the conditions of service of the Internal Auditors of the Community Institutions; AFTER CONSIDERING the report of the firm, "Deloitte et Touche of Cote d'lvoire", on the 2010 financial statements of the Community Parliament; ON THE RECOMMENDATION of the twentieth meeting of the Audit Committee, held in Abuja from 11 to 15 August 2011; ENACTS ARTICLE 1: The audited financial statements of the Community Levy for 2010 is hereby approved. - 3 - ART1CLE 2: This Regulation shall be published by the E C O W A S Commiss ion in the Official Journal of the Community within thirty (30) days after its date of signature by the Chairman of the Counci l of Ministers. It shall also be published by each Member State in its Official Journal within thirty (30) days after its notification thereof by the Commiss ion . DONE AT ABUJA, THIS 1 9 m DAY OF A U G U S T 2011 H.E. OLUGBENGA ASHIRU C H A I R M A N F O R C O U N C I L COMMUNAUTE ECONOMIQUE DES ETATS DE L'AFRIQUE DE L'OUEST ECONOMIC COMMUNITY OF WEST AFRICAN STATES SIXTY FIFTH ORDINARY SESSION OF THE COUNCIL OF MINISTERS Abuja, 17 - 19 August 2011 REGULATION C/REG.8/8/11 APPROVING THE 2010 AUDITED FINANCIAL STATEMENTS OF THE COMMUNITY PARLIAMENT THE COUNCIL OF MINISTERS, MINDFUL of Art icles 10, 11 and 12 of the E C O W A S Treaty as amended, establishing the Council of Ministers and defining its composition and functions; MINDFUL of Article 75 of the Treaty appointing the External Auditors of the E C O W A S Institutions; MINDFUL of Regulation C /REG.5 /05 /09 of 2 7 t h May 2009 relating to the Financial Regulation of E C O W A S Institutions; MINDFUL of Decision A /DEC.1 /07 /10 of 2 n d July 2010 relating to the renewal of the contract of the firm, "Deloitte et Touche of Cote d'lvoire", as External Auditors of the Community Institutions; MINDFUL of the contract between E C O W A S and the Firm Deloitte et Touche Cote d'lvoire relating to the conditions of service of the Internal Auditors of the Community Institutions; - 2 - AFTER CONSIDERING the report of the firm, "Deloitte et Touche of Cote d'lvoire", on the 2010 financial statements of the Community Parliament; ON THE RECOMMENDATION of the twentieth meeting of the Audit Committee, held in Abuja from 11 to 15 August 2011; ARTICLE 1: The audited financial statements of the Community Parl iament for 2010 is hereby approved. ARTICLE 2: This Regulation shal l be published by the E C O W A S Commiss ion in the Official Journal of the Community within thirty (30) days after its date of signature by the Chairman of the Counci l of Ministers. It shall also be published by each Member State in its Official Journal within thirty (30) days after its notification thereof by the Commiss ion . DONE AT A B U J A , THIS 1 9 m DAY OF A U G U S T 2011 ENACTS H.E. OLUGBENGA ASHIRU C H A I R M A N F O R C O U N C I L COMMUNAUTE ECONOMIQUE DES ETATS DE L'AFRIQUE DE L'OUEST ECONOMIC COMMUNITY OF WEST AFRICAN STATES SIXTY FIFTH ORDINARY SESSION OF THE COUNCIL OF MINISTERS Abuja, 17 - 19 August 2011 REGULATION C/REG.9/8/11 APPROVING THE 2010 AUDITED FINANCIAL STATEMENTS OF THE WEST AFRICAN HEALTH ORGANISATION (WAHO) THE COUNCIL OF MINISTERS, MINDFUL of Articles 10, 11 and 12 of the E C O W A S Treaty as amended, establishing the Counci l of Ministers and defining its composition and functions; MINDFUL of Article 75 of the Treaty appointing the External Auditors of the E C O W A S Institutions; MINDFUL of Regulation C /REG.5 /05 /09 of 2 7 t h May 2009 relating to the Financial Regulation of E C O W A S Institutions; MINDFUL of Decision A /DEC.1 /07 /10 of 2 n d July 2010 relating to the renewal of the contract of the firm, "Deloitte et Touche of Cote d'lvoire", as External Auditors of the Community Institutions; MINDFUL of the contract between E C O W A S and the firm, "Deloitte et Touche of Cote d'lvoire" relating to the conditions of service of the Internal Auditors of the Community Institutions; - 2 - AFTER CONSIDERING the report of the firm, "Deloitte et Touche of Cote d'lvoire", on the 2010 financial statements of the Community Parliament; ON THE RECOMMENDATION of the twentieth meeting of the Audit Committee, held in Abuja from 11 to 15 August 2011 ; ARTICLE 1: The audited financial statements of the West African Health Organisation (WAHO) for 2010 is hereby approved. ARTICLE 2: This Regulation shal l be published by the E C O W A S Commiss ion in the Official Journal of the Community within thirty (30) days after its date of signature by the Chairman of the Counci l of Ministers. It shall also be published by each Member State in its Official Journal within thirty (30) days after its notification thereof by the Commiss ion . DONE AT ABUJA, THIS 19 t h DAY OF AUGUST 2011 ENACTS C H A I R M A N F O R C O U N C I L COMMUNAUTE ECONOMIQUE DES ETATS DE L'AFRIQUE DE L'OUEST ECONOMIC COMMUNITY OF WEST AFRICAN STATES SIXTY FIFTH ORDINARY SESSION OF THE COUNCIL OF MINISTERS Abuja, 17 - 19 August 2011 REGULATION C/REG.10./8/11 APPROVING THE 2010 AUDITED FINANCIAL STATEMENTS OF THE INTER-GOVERNMENTAL ACTION GROUP AGAINST MONEY-LAUNDERING IN WEST AFRICA (GIABA) THE COUNCIL OF MINISTERS, MINDFUL of Art icles 10, 11 and 12 of the E C O W A S Treaty as amended, establishing the Counci l of Ministers and defining its composition and functions; MINDFUL of Article 75 of the Treaty appointing the External Auditors of the E C O W A S Institutions; MINDFUL of Decis ion A /DEC.1 /07 /10 of 2 n d July 2010 relating to the renewal of the contract of the firm, "Deloitte et Touche of Cote d'lvoire", as External Auditors of the Community Institutions; MINDFUL of Decision A/DEC.9 /12 /99 establishing the Inter- Governmental Act ion Group Against Money-Laundering in West Africa with its revised Status; MINDFUL of Regulat ion C/REG.5 /05 /09 of 2 7 t h May 2009 relating to the Financial Regulat ion of E C O W A S Institutions; - 2 - MINDFUL of the contract between E C O W A S and the firm, "Deloitte et Touche of Cote d'lvoire", relating to the conditions of service of the Internal Auditors of the Community Institutions; AFTER CONSIDERING the report of the firm, "Deloitte et Touche of Cote d'lvoire", on the 2010 financial statements of the Community Parliament; ON THE RECOMMENDATION of the twentieth meeting of the Audit Committee, held in Abuja from 11 to 15 August 2011; ARTICLE 1: The audited financial statements of the Inter-Governmental Action Group Against Money-Laundering in West Afr ica for 2010 is hereby approved. ARTICLE 2: This Regulat ion shall be published by the E C O W A S Commiss ion in the Official Journal of the Community within thirty (30) days after its date of signature by the Chairman of the Counci l of Ministers. It shall also be published by each Member State in its Official Journal within thirty (30) days after its notification thereof by the Commiss ion. DONE AT ABUJA, THIS 19™ DAY OF AUGUST 2011 ENACTS H.E. OLUGBENGA ASHIRU C H A I R M A N F O R C O U N C I L COMMUNAUTE ECONOMIQUE DES ETATS DE L'AFRIQUE DE L'OUEST ECONOMIC COMMUNITY OF WEST AFRICAN STATES SIXTY FIFTH ORDINARY SESSION OF THE COUNCIL OF MINISTERS Abuja, 17 - 19 August 2011 REGULATION C/REG.11/8/11 APPROVING THE 2010 AUDITED FINANCIAL STATEMENTS OF THE ECOWAS GENDER DEVELOPMENT CENTRE THE COUNCIL OF MINISTERS, MINDFUL of Articles 10, 11 and 12 of the E C O W A S Treaty as amended, establishing the Counci l of Ministers and defining its composition and functions; MINDFUL of Article 75 of the Treaty appointing the External Auditors of the E C O W A S Institutions; MINDFUL of Decision A / D E C . 16/04/03 relating to the transformation of the West Afr ican Women Associat ion (WAWA) into the E C O W A S Gender Development Centre MINDFUL of Decision A /DEC.1 /07 /10 of 2 n d July 2010 relating to the renewal of the contract of the firm, "Deloitte et Touche of Cote d'lvoire", as External Auditors of the Community Institutions; MINDFUL of Regulation C /REG.5 /05 /09 of 2 7 t h May 2009 relating to the Financial Regulation of E C O W A S Institutions; - 2 - MINDFUL of the contract between E C O W A S and the firm, "Deloitte et Touche of Cote d'lvoire" relating to the conditions of service of the Internal Auditors of the Community Institutions; AFTER CONSIDERING the report of the firm, "Deloitte et Touche of Cote d'lvoire", on the 2010 financial statements of the Community Parl iament; ON THE RECOMMENDATION of the twentieth meeting of the Audit Committee, held in Abuja from 11 to 15 August 2011; ARTICLE 1: The audited financial statements of the E C O W A S Gender Centre is hereby approved. ARTICLE 2: This Regulation shall be published by the E C O W A S Commiss ion in the Official Journal of the Community within thirty (30) days after its date of signature by the Chairman of the Counci l of Ministers. It shall also be published by each Member State in its Official Journal within thirty (30) days after its notification thereof by the Commiss ion . DONE AT ABUJA, THIS 1 9 m DAY OF AUGUST 2011 ENACTS H.E. OLUGBENGA ASHIRU C H A I R M A N F O R C O U N C I L SIXTY FIFTH ORDINARY SESSION OF THE COUNCIL OF MINISTERS Abuja, 17 - 19 August 2011 REGULATION C/REG.12/8/11 APPROVING THE 2010 AUDITED FINANCIAL STATEMENTS OF THE ECOWAS REGIONAL CENTRE FOR RENEWABLE ENERGY AND ENERGY EFFICIENCY (ECREEE) THE COUNCIL OF MINISTERS, MINDFUL of Art icles 10, 11 and 12 of the E C O W A S Treaty as amended, establishing the Council of Ministers and defining its composit ion and functions; MINDFUL of Article 75 of the Treaty appointing the External Auditors of the E C O W A S Institutions; MINDFUL of Decis ion A / D E C . 1/07/10 of 2 n d July 2010 relating to the renewal of the contract of the firm, "Deloitte et Touche Cote of d'lvoire", as External Auditors of the Community Institutions; MINDFUL of A /DEC.9 /12 /99 establishing the Inter-Governmental Action Group Against Money-Laundering in West Afr ica with its revised status; MINDFUL of Regulation C/REG.23/11 /08 of 29 November 2008 establishing the E C O W A S Regional Centre for Renewable Energy and Energy Efficiency; MINDFUL of Regulation C/REG.5 /05 /09 of 2 7 t h May 2009 relating to the Financial Regulation of E C O W A S Institutions; - 2 - MINDFUL of the contract between E C O W A S and the firm, "Deloitte et Touche of Cote" d'lvoire relating to the conditions of service of the Internal Auditors of the Community Institutions; AFTER CONSIDERING the report of the firm, "Deloitte et Touche of Cote d'lvoire", on the 2010 financial statements of the Community Parliament; ON THE RECOMMENDATION of the twentieth meeting of the Audit Committee, held in Abuja from 11 to 15 August 2011; ARTICLE 1: The audited financial statements of the E C O W A S Regional Centre for Renewable Energy and Energy Efficiency is hereby approved. ARTICLE 2: This Regulation shall be published by the E C O W A S Commiss ion in the Official Journal of the Community within thirty (30) days after its date of signature by the Chairman of the Counci l of Ministers. It shall also be published by each Member State in its Official Journal within thirty (30) days after its notification thereof by the Commiss ion . DONE AT ABUJA, THIS 1 9 m DAY OF AUGUST 2011 ENACTS H .E . OLUGBENGA ASHIRU C H A I R M A N F O R C O U N C I L COMMUNAUTE ECONOMlQUE DES ETATS DE L'AFRIQUE DE L'OUEST ECONOMIC COMMUNITY OF WEST AFRICAN STATES SIXTY-SIXTH SESSION OF THE ORDINARY SESSION OF THE ECOWAS COUNCIL OF MINISTERS Abuja, 1 7 - 1 9 August 2011 REGULATION C/REG.13/08/11 APPROVING THE RATE OF RESPONSIBILITY ALLOWANCE PAYABLE TO INTERNAL AUDITORS OF COMMUNITY INSTITUTIONS THE COUNCIL OF MINISTERS, MINDFUL OF Articles 10, 11 and 12 of the Rev ised E C O W A S Treaty establishing the Counci l of Ministers and laying down its membership and funct ions; MINDFUL OF Regulation C/REG.11 /01 /05 on the payment of a responsibility al lowance to Accountants and Cashiers/Imprest Officers of the . E C O W A S Ins t i t u t i ons ; MINDFUL OF Regulation C / R E G . 3 2/12/07 of 15 December 2007 defining the functions of the Commissioner for Administration and Finance, the Financial Controller and Chief Internal Auditor; MINDFUL OF Regulation C/REG.5 /05 /09 of 27 May 2009 adopting the Financial Regulations of the Institutions of the Economic Community of West African States ( E C O W A S ) ; CONSIDERING that Regulation C/REG.11 /01 /05 has fixed the rate of al lowance to be paid to Accountants on the basis of their responsibilities; RECALLING that the justification for payment of responsibility al lowance is based on the responsibilities incumbent on the Chief Internal Auditors by extension, all other Internal Auditors with a view to fully or partially rectifying any impairment suffered by the E C O W A S institutions as a result of serious breaches, which is part of their remit in the accomplishment of their work; CONSIDERING the magnitude of the responsibilities entrusted them; DESIROUS of authorizing the payment of a responsibility al lowance to the Internal Auditors at the same rate as that paid to Professional Accountants and the Controllers in the E C O W A S Institutions ; ON RECOMMENDATION by the eighth meeting of the Administration and Finance Committee held from 26 to 31 October 2010; HEREBY ENACTS ARTICLE 1 E R It is hereby approved by this Regulation the payment of a responsibility al lowance to Internal Auditors of Community Institutions. ARTICLE 2 : The al lowance shall be calculated at the rate of 15% of the basic salary of the Internal Auditors in the professional category and 10% for those in the general service category. ARTICLE 3 : Payment of the approved responsibility al lowance shall take retroactive effect from 1 August 201. ARTICLE 4 : This Regulation shall be published by the E C O W A S Commiss ion in the Official Journal of the Community within thirty (30) days of its 2 signature by the President of the Counci l of Ministers, and shall equally be published by each Member State in its Official Gazette thirty (30) days after notification by the Commiss ion. DONE AT ABUJA, THIS 19™ DAY OF AUGUST 2011 H.E. OLUGBENGA ASHIRU C H A I R M A N F O R C O U N C I L 3 ECONOMIC COMMUNITY OF WEST AFRICAN STATES COMMUNAUTE ECONOMIQUE DES ETATS DE L'AFRIQUE DE L'OUEST SIXTY-SIXTH ORDINARY SESSION OF THE COUNCIL OF MINISTERS Abuja, 1 7 - 19 August 2011 DIRECTIVE C/DIR. 1/08/11 ON FIGHTING CYBER CRIME WITHIN ECOWAS THE COUNCIL OF MINISTERS, MINDFUL of Articles 10, 11 and 12 of the E C O W A S Treaty as amended, establishing the Council of Ministers and defining its composition and functions; MINDFUL of Articles 27, 32 and 33 of the said Treaty on Science and Technology, and on the areas of Communication and Telecommunications; MINDFUL of Article 57 of the said Treaty on judicial and legal cooperation, which provides that Member States undertake to promote judicial cooperation with a view to harmonizing judicial and legal systems; MINDFUL of the E C O W A S Supplementary Act A / S A 1/01/07 of 19 January 2007 on the harmonization of the policies and regulatory framework of the Information and Communication Technology sector (ICT); MINDFUL of the E C O W A S Supplementary Act A /SA . 1/01/10 on Personal Data Protection within E C O W A S ; MINDFUL of the E C O W A S Supplementary Act A/SA.2/01/10 on Electronic Transaction within E C O W A S ; MINDFUL of Convention A/P1/7/92 of E C O W A S relating to the Mutual Assistance in Criminal Matters; MINDFUL of Convention A/P1/94 relating to extradition; MINDFUL of the cooperation as regards matters of criminal policing between the member States of E C O W A S which provides the pooling of expertise and sharing of experiences by security services with a view to establishing an efficient method of police investigations; CONSIDERING that the use of information and communication technologies, among others, the internet or cybernetics, has generated an upsurge of reprehensible acts; NOTING that cyber crime is a new phenomenon that requires the definition of specific offences that must be substantially linked with conventional offences such as theft, swindling, the receipt of stolen goods, blackmail, and damages caused by the use of the internet; CONSCIOUS that criminal acts committed by means of internet require the identification of a legal regime and a suitable punishment because of the level of damage they generate; DESIROUS to adopt a framework for criminal liability in order to effectively fight against cyber crime and provide for efficient and reliable international cooperation. HAVING OBTAINED THE OPINION of the E C O W A S Parliament dated 23 May 2009; PRESCRIBES: CHAPTER I GENERAL PROVISIONS Article 1 Definitions For the purposes of this Directive: 2 Electronic communication means making communication available to the general public or a category of the public through a process of electronic or electromagnetic means, signs, signals, written documents, images, sounds or messages of any kind; Computer data: any representation of facts, information or concepts in a form suitable for processing in a computer system; Racism and xenophobia in relation to ICTs refer to any document, image or any other depiction of ideas or theories, which advocates or encourages hatred, discrimination or violence against a person or group of persons by reason of their race, colour, ancestry, affiliation or their national or ethnic origin or religion, to the extent that this reason serves as a pretext for one or the other of such elements or incites such acts; Minor: any person under the age of eighteen (18) as stipulated in the United Nations Convention on the Rights of the Child; Child pornography: any data of whatever nature or form, that visually depicts a minor engaged in a sexually explicit conduct or realistic images representing a minor engaged in a sexually explicit conduct; Computer system: any isolated or non-isolated device or group of interconnected devices that all or in part carries out automatic processing of data pursuant to a programme. Information Technology and Communication (ITC): technologies used to gather, store, use and send information, including technologies that involve the use of computers or any communication system, including any telecommunication system. Article 2 Objective The objective of this Directive is to adapt the substantive criminal law and the criminal procedure of E C O W A S Member States to address the cybercrime phenomenon. Article 3 Scope This Directive shall be applicable to all cyber crime-related offences within the E C O W A S sub-region as well as to all criminal offence whose detection shall require electronic evidence. 3 CHAPTER II OFFENCES SPECIFICALLY RELATED TO INFORMATION AND COMMUNICATION TECHNOLOGIES For the purposes of this Directive, the following shall constitute offences: Article 4 Fraudulent access to computer systems Fraudulent access to computer systems is the act by which a person fraudulently accesses or attempts to access the whole or part of a computer system. Article 5 Fraudulently remaining in a computer system Fraudulently remaining in a computer system is the act by which a person fraudulently remains or attempts to remain within the whole or part of a computer system. Article 6 Interfering with the operation of a computer system Interfering with the operation of a computer system is the act by which a person impedes, alters or attempts to impede or alter the functioning of a computer system. Article 7 Fraudulent input of data in a computer system Fraudulent input of data in a computer system is the act by which a person fraudulently inputs or attempts to input data into a computer system. Article 8 Fraudulent interception of computer data Fraudulent interception of computer data is the act by which a person fraudulently intercepts or attempts to intercept computer data during their non-public transmission to, from or within a computer system using technological means. 4 Article 9 Fraudulent modification of computer data Fraudulent modification of computer data is the act by which a person fraudulently damages or attempts to damage, delete or attempts to delete, worsen or attempting to worsen, alter or attempts to alter, modify or attempt to modify computer data. Article 10 Computer data forgery Computer data forgery is the act by which a person produces or manufactures a set of digital data through fraudulent input, deletion or suppression of computer data stored, processed or transmitted by a computer system, resulting in counterfeit data, with the intent that it be considered or used for legitimate purposes as if it were genuine. Article 11 Obtaining benefit from Computer related fraud Obtaining benefit from Computer related fraud is the act of obtaining fraudulently for oneself or for another person material or economic benefit through the input, alteration, deletion or suppression of computer data or through any other form of interference with the functioning of a computer system. Article 12 Fraudulent manipulation of personal data Fraudulent manipulation of personal data is the act by which a person, even through negligence, processes personal data or causes personal data to be processed without having complied with the prerequisite conditions stipulated by the relevant law on personal data provided for in each Member State. Article 13 Use of forged data Use of forged data is the act by which a person knowingly uses forged data. Article 14 Obtaining equipment to commit an offence Obtaining equipment to commit an offence is the act by which a person knowingly without any legitimate reason produces, sells, imports, possesses, distributes, offers, transfers or makes available equipment, computer programmes, or any device or data, any password, access code or similar computer data by which they 5 commit any offence as stipulated in this Directive. Article 15 Participation in an association or agreement to commit computer offences Participation in an association or agreement to commit computer offences is the act by which a person participates in an association that is formed or an agreement that is established for the purpose of preparing or committing one or several of the offences described in this Directive. Article 16 Production of child pornography or pornographic representation Production of child pornography or pornographic representation is the act by which a person produces, records, offers or makes available, distributes or transmits child pornography or pornographic representation through a computer system. Article 17 Import or export of child pornography or pornographic representation Import or export of child pornography or pornographic representation is the act by which a person procures for oneself or for another person, imports or causes to be imported, exports or causes to be exported, child pornography through a computer system. Article 18 Possession of child pornography or pornographic representation Possession of child pornography or pornographic representation is the act by which a person possesses child pornography or pornographic representation through a computer system or through any other computer data storage medium. Article 19 Facilitation of access of minors to pornography, documents, sound or pornographic representation Facilitation of access of minors to pornography, documents, sound or pornographic representation is the act by which a person facilitates access of a minor to pornographic pictures, sounds or representation. 6 Article 20 Possession of racist or xenophobic written documents or pictures through a computer system Possession of racist or xenophobic written documents or pictures through a computer system is the act by which a person creates, downloads, disseminates, or makes available in whatever form, written documents, messages, photographs, drawings or any other depictions of racist and xenophobic ideas and theories by means of a computer system. Article 21 Threat through a computer system Threat through a computer system is any threat through a computer system to commit a criminal offence against a person by reason of his affiliation to a group that is characterised by race, colour, ancestry, ascendants, religion, national or ethnic origin , to the extent that this affiliation serves as a pretext for such a threat to that person or a group of persons that is distinguished by one of the foregoing characteristics. Article 22 Abuse through a computer system Abuse through a computer system is any abuse to a person through a computer system by reason of his belonging to a group that is characterised by race, colour, ancestry, ascendants, religion, national or ethnic origin, to the extent that this affiliation serves as a pretext for such an abuse to the person or a group of persons that is distinguished by the foregoing characteristics. Article 23 Denying or justifying acts or crimes against humanity by means of a computer system Denying or justifying acts or crimes against humanity by means of a computer system is any intentional act to deny, approve or justify established acts of genocide or crimes against humanity by means of a computer system. 7 CHAPTER III INCORPORATING TRADITIONAL OFFENCES INTO INFORMATION AND COMMUNICATION TECHNOLOGY OFFENCES Article 24 Aggravating Circumstances of Common Law Offences Under this Directive, the use of ICTs to commit common law offences such as theft, fraud, possession of stolen goods, breach of trust, extortion, terrorism, and money laundering or organised crimes shall constitute a higher degree of offence than the common law offences. Article 25 Violations of computer data, software and programme Under this Directive, theft, fraud, possession of stolen goods, breach of trust, extortion, acts of terrorism, and counterfeiting relating to computer data, software and programme shall constitute an offence. Article 26 Media offence committed through electronic means of communication Media offences committed through electronic means of communication under this Directive shall be subjected to the provisions relating to media offences which are applicable in Member States. Article 27 Liability of Corporate Bodies other than Public Entities Any corporate body, excluding the State, local authorities and public establishments, shall be held liable for any of the offences described in this Directive that are committed for their benefit by their representatives. Such liability shall not exclude the liability of individuals who commit such acts or abet the commission of such acts. 8 CHAPTER IV SANCTIONS Article 28 Major penalties 1) The offences stipulated under this Directive shall be punishable under the criminal Court of Member States. Sanctions shall be proportionate and dissuasive. 2) Any corporate body found liable under this Directive shall be punishable by proportionate and dissuasive sentences, including criminal and civil penalties. Article 29 Supplementary Penalties 1. In the event of conviction for an offence committed through an electronic communication medium, the relevant jurisdiction may decree supplementary sanctions. 2. In the event of conviction, the court may decide that materials, equipment, instruments, computer programmes or data, as well as proceeds from an offence and belonging to the convicted person be confiscated. 3. Conviction decisions shall be published in the National Gazette of Member States and in an electronic medium at the expense of the convict. CHAPTER V: RULES OF PROCEDURE Article 30 Search or access to a computer system 1. The national competent authority may carry out searches or effect seizures or have access to any computer system in order to establish the truth. 9 2. However, where seizure of the electronic medium is undesirable, the data required to understand it shall be copied on a computer data storage medium and sealed. Article 31 Expedited preservation of data Where the exigencies of information so require, and where there is reason to believe that computerized data recorded in a computer system can be lost, the national competent authority shall order any individual to keep and protect in secret the integrity of data in his possession or under his control within a time line set by a Member State. Article 32 Method of Proof Electronic evidence shall be accepted as proof to establish an offence provided the person from whom they emanate can be identified and that they are kept in such conditions as to guarantee their integrity. Article 33 Judicial Cooperation 1. Where Member States are informed by another Member State of the alleged commission of an offence as defined in this Directive, such Member States shall cooperate in the search for and establishment of that offence, as well as in the collection of evidence pertaining to the offence. 2. Such cooperation shall be carried out in line with relevant international instruments and mechanisms on international cooperation in criminal matters. CHAPTER VII: FINAL PROVISIONS Article 34 Publication This Directive shall be published by the Commission in the Community Official Journal within thirty (30) days of the date of signature by the 10 Chairman of the Council of Ministers. It shall equally be published by each Member State in its national Gazette thirty (30) days after notification by the Commission. Article 35 Implementation 1. Member States shall adopt the necessary legislative, regulatory and administrative measures in order to comply with this Directive not later than 1 s t January 2014. 2. The measures referred to in Paragraph 1 of this Article should make reference to this Directive or shall be accompanied by such reference upon their official publication. 3. Member States shall inform the E C O W A S Commission of the measures they will adopt to comply with this Directive. 4. Member States shall notify the President of the Commission of the difficulties they encounter in implementing this Directive. The President of the Commission shall report such difficulties at the next session of the Council of Ministers which shall, in turn, take the appropriate measures to ensure the effective implementation of this Directive. DONE AT ABUJA, THIS 19™ DAY OF AUGUST 2011 H.E. OLUGBENGA ASHIRU CHAIRMAN FOR COUNCIL 11 DECISION C / A H S G . 1 / 0 9 / 1 1 ON MEASURES TO RESPOND TO THE SECURITY SITUATION IN COTE D'lVOIRE AND LIBERIA AND ALONG THE BORDER CORRIDOR BETWEEN THE TWO MEMBER STATES THE CHAIRMAN OF THE AUTHORITY OF HEADS OF STATE AND GOVERNMENT, MINDFUL of Art icles 7, 8 and 9 of the ECOWAS Treaty as amended establishing the Authority of Heads of State and Government and defining its composition and funct ions; MINDFUL of new Article 9 of the ECOWAS Treaty as amended by Article 1 of the Supplementary Act A / S A . 3 / 0 1 / 1 0 on the Legal Regime of Acts of the Communi ty that prescribes that the Authority shall adopt decisions that are directed to whom they are meant under the said decisions; MINDFUL of Decision A /DEC.2 /07 /10 of 2 July 2010 adopting the Rules and Procedures of the Authority of heads of State and Government ; MINDFUL of Article 13 paragraph 3 of the Rules and Procedure of the Authority of Heads of State and Government prescribing in Article 13 Paragraph 3 that, in-between two sessions, the Chairman shall exercise the powers of the Authority and act on its behalf; RECALLING that at the Thirty-Ninth Ordinary Session of Authority held in Abuja on 23 and 24 March 2011 , the Heads of State and Government renewed the tenure of the Federal Republic of Nigeria as Chair of the ECOWAS Authori ty of Heads of State and Government until 31 December 2011 ; CONSIDERING that the border zone between Cote d' lvoire and Liberia is teeming with mercenaries and armed bandits amidst the unchecked flow of small arms and light weapons; CONSIDERING that the said arms and weapons are used to terrorize the civilian population and for cross-border criminality; NOTING that more than one million cit izens of both Cote d' lvoire and Liberia have been internally displaced by acts of v iolence, revenge killing and intimidation in their own countries; NOTING also that as a result of protracted conflicts in Cote d' lvoire and Liberia, thousands of community cit izens were forced to flee across borders to seek refuge in neighboring countr ies; AWARE that ECOWAS is working closely with the United Nations High Commission for Refugees (UNHCR) to identify new refugees and Internal Displaced Persons (IDPs) in all Member States involved, with the view to managing their serious humanitar ian situation; CONCERNED about the huge humanitarian challenge to be faced by the region in feeding more than one million people daily, until normalcy is restored in the above mentioned Member States; ENCOURAGED by the deliberate policy adopted by Cote d' lvoire and Liberia to reconcile political and ethnic opponents with a view to achieving unity of purpose and action in both countries; CONSCIOUS of the fact that Cote d' lvoire and Liberia have already taken steps to embark on national reconciliation processes, including the setting up of Truth and Reconciliation Commissions (TRC), to examine the violent past with a view to reconciling the people; CONSCIOUS also that Cote d' lvoire and Liberia need tremendous assistance from ECOWAS and external partners to supplement their effort in dealing with the after effects of the decisions emanating from the findings of the TRC; DESIROUS to respond to the grave security situation that has developed in Cote d'lvoire and Liberia and to assist in stabil izing the border zone between these Member States; ON THE RECOMMENDATION of the ECOWAS Mini-Summit of Head of States and Government held in Abuja on the 10 t h September 2011 HEREBY DECIDES Article 1 The ECOWAS Commission shall work in close collaboration with the Security Forces in Cote d' lvoire and Liberia in order to provide additional support to the efforts of the United Nations (UN). Article 2 The ECOWAS Commission shall consider the possibility of developing new security alternatives with Cote d' lvoire and Liberia within the framework of the ECOWAS Mechanism. Article 3 The ECOWAS Commission shall solicit the assistance of the United Nations in order to achieve the following: 1. greater United Nations security efforts in the region as well as greater cooperation between ECOWAS and the United Nations; 4 2. additional technical assistance for the peace-keeping missions for the intensification of a joint UNOCI-UNMIL monitoring and control of the common border zone between Cote D'lvoire and Liberia; 3. a more secure environment which is conducive for the conduct of free, fair and transparent elections in Liberia and for the unhindered movement of people along the border areas of the two countries. Article 4 1. The President of the Commission shall appoint a Special Envoy in Liberia who shall act as liaison between the ECOWAS Commission and that Country and in particular assist with the monitoring of the forthcoming elections in Liberia. 2. The President of the Commission shall also engage UNOWA in order to undertake a joint ECOWAS - UNOWA mission to Liberia to interact with all stakeholders in order to sensitize them on the need for their cooperation for the successful holding of the elections in Liberia. Article 5 The ECOWAS Commission shall oversee the effective implementation of the ECOWAS convention on small arms and light weapons (SALW) in particular within the Mano River Basin, with a view to controlling the acquisit ion, proliferation and misuse of the weapons. Article 6 1. The President of the Commission shall intensify ECOWAS efforts at mobilizing and delivering humanitarian assistance for the refugees and IDPs along the common borders between Cote d'lvoire and Liberia. 2. The President of the ECOWAS Commission shall ensure more effective collaboration with the UN agencies in facilitating the return and sett lement of refugees and IDPs of the two Member States. Article 7 l . T h e ECOWAS Commission shall work closely with the Government of Cote d' lvoire in its efforts to achieve justice and national recondliation. 2. The Commission shall assist Cote d' lvoire in the identification and provision of experts, consultants and other technical/financial support. Article 8 This Decision shall be published by the ECOWAS Commission in the Official Journal of the Community within thirty (30) days of its signature by the Chairman. It shall also be published by each Member State in its Official Gazette within the (30) thirty-day timeframe after notification by the Commission thereof. DONE AT ABUJA, THIS 1 0 t h DAY OF SEPTEMBER 2011 H.E. GOODLUCK EBELE JONATHAN (GCFR) FOR THE AUTHORITY, THE CHAIRMAN COMMUNAUTE ECONOMIQUE DES ETATS DE L'AFRIQUE DE L'OUEST ECONOMIC COMMUNITY OF WEST AFRICAN STATES SIXTY-SIXTH ORDINARY SESSION OF THE COUNCIL OF MINISTERS Abuja 1 7 - 19 August 2011 RECOMMENDATION C/REC.1/08/11 RELATING TO THE HARMONISATION OF STANDARDS AND PROCEDURES FOR THE CONTROL OF DIMENSION, WEIGHT AND AXLE LOAD OF GOODS VEHICLE WITHIN MEMBER STATES OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES THE COUNCIL OF MINISTERS, MINDFUL of Articles 10, 11 and 12 of the E C O W A S Treaty as amended, establishing the Council of Ministers and defining its composition and functions; MINDFUL of Article 32 of the said Treaty which provides for the adoption of common transport and communication policies, laws and Regulations as a means of ensuring harmonious integration of the physical infrastructure of Member States and the promotion and facilitation of movement of persons, goods and services within the Community; MINDFUL of Decision A /DEC. 2/5/81 relating to the harmonization of highway legislations in the Community; MINDFUL of the E C O W A S Convention No. A/P2/5/82 of 29 May 1982 Relating to Inter-State Road Transportation between E C O W A S Member States providing amongst other issues, the tonnage for axle load and other dimensions for vehicles; MINDFUL of Resolution C/RES.5/5/90 of 27 May 1990 urging Member States to introduce Weighbridge and axle scales as a means of effectively monitoring the tonnage transported as well as axle load; MINDFUL OF Decision C/DEC/7/7/91 of 3 July 1991 Relating to the Road Traffic Regulations based on 11.5 Axle Load to protect Road Infrastructures and Road Transport Vehicles, especially the annex thereof, which provides for eventual harmonization of the sanctions imposed on any one in breach of the said Regulations; MINDFUL OF Decision A /DEC. 2/8/94 relating to the Community Programme on Road Safety and Accident prevention in E C O W A S Member States; MINDFUL OF Decision A/DEC.6/7/96 of 27 t h July 1996 establishing standards for the design of Community roads; CONSIDERING Regulation14/2005/CM/UEMOA of 16 December 2005 on Harmonization of the Control of the Dimension, Weight and Axle Load of Heavy Duty Goods Transport Vehicles in U E M O A Member States; CONSIDERING Resolution No. 2 of the Meeting of E C O W A S Transport Ministers on Implementation of the Regulation on the Control of Vehicle Axle Load, held in Yamoussoukro in Cote d'lvoire on 5 June 2009; CONSIDERING the Road map of March 2010 relating to the abolition of the surcharge adopted by the Ministers responsible for Infrastructures and Transport in the UEMOA Member States and in Ghana; DETERMINED to effectively preserve the road heritage of Member States; DESIROUS of harmonizing the standards and procedures for the control of the load, dimension limits and axle load of vehicles amongst Member States of the Community; ON THE RECOMMENDATION of the meeting of Ministers of Infrastructure and Transport held in Accra, on the 1 s t April, 2011; HAVING obtained the opinion of the Community Parliament 2 RECOMMEND to the Authority of Heads of State and Government to adopt the Draft Supplementary Act relating to the Harmonisation of Standards and Procedures for the Control of Dimensions, Weight and Axle Load of Goods Vehicle within Member States of the Economic Community of West African States (ECOWAS). DONE AT ABUJA, THIS 19™ DAY OF AUGUST 2011 CHAIRMAN FOR COUNCIL 3 COMMUNAUTE ECONOMIQUE DES ETATS DE L'AFRIQUE DE L'OUEST ECONOMIC COMMUNITY OF WEST AFRICAN STATES Fortieth Ordinary Session of the Authority of the Heads of State and Government Abuja,... 2011 Draft SUPPLEMENTARY ACT/SP.1/08/11 RELATING TO THE HARMONIZATION OF STANDARDS AND PROCEDURES FOR THE CONTROL OF DIMENSIONS, WEIGHT AND AXLE LOAD OF GOODS VEHICLE WITHIN MEMBER STATES OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES MINDFUL of Articles 7, 8 and 9 of the E C O W A S Treaty as amended, establishing the Authority of Heads of State and Government and defining its composition and functions; MINDFUL of Article 32 of the said Treaty which provides for the adoption of common transport and communication policies laws and Regulations as a means of ensuring harmonious integration of the physical infrastructure of Member States and the promotion and facilitation of movement of persons, goods and services within the Community; MINDFUL of Decision A / D E C . 2/5/81 relating to the harmonization of highway legislations in the Community; MINDFUL of the E C O W A S Convention No. A/P2/5/82 of 29 May 1982 Relating to Inter-State Road Transportation between E C O W A S Member States providing amongst other issues, the tonnage for axle load and other dimensions for vehicles; MINDFUL of Resolution C/RES.5/5/90 of 27 May 1990 urging Member States to introduce Weighbridge and axle scales as a means of effectively monitoring the tonnage transported as well as axle load; MINDFUL of Decision C/DEC.7/7/91 of 3 July 1991 Relating to the Road Traffic Regulations based on 11.5 Axle Load to protect Road Infrastructures and Road Transport Vehicles, especially the annex thereof, which provides for eventual harmonization of the sanctions imposed on any one in breach of the said Regulations; MINDFUL of Decision A /DEC. 2/8/94 relating to the Community Programme on Road Safety and Accident prevention in E C O W A S Member States; MINDFUL of Decision A/DEC.6/7/96 of 27 t h July 1996 establishing standards for the design of Community roads; CONSIDERING Regulation14/2005/CM/UEMOA of 16 December 2005 on Harmonization of the Control of Dimension, Weight and Axle Load of Heavy Duty Goods Transport Vehicles in U E M O A Member States; CONSIDERING Resolution No. 2 of the Meeting of E C O W A S Transport Ministers on Implementation of the Regulation on the Control of Vehicle Axle Load, held in Yamoussoukro in Cote d'lvoire on 5 June 2009; CONSIDERING the March 2010 road map forbidding transport overloading adopted by the UEMOA Ministers in Charge of Infrastructure and Transport in Ghana. DETERMINED to effectively preserve the road heritage of Member States; DESIROUS of the harmonization of standards, and procedures for the control of load, dimension limits, and axle load of vehicles amongst Member States of the Community; ON THE RECOMMENDATION of meeting of Ministers of Road Transport and Infrastructure for the Review and adoption of the E C O W A S Axle Load and the P P D U Regulations which was held in Accra on 1 s t April 2011; HAVING OBTAINED the opinion of the Community Parliament; 2 HAVE AGREED AS FOLLOWS: CHAPTER I: DEFINITIONS, OBJECTIVE AND SCOPE OF APPLICATION Article 1 Definitions The technical terms used in this Supplementary Act with regard to vehicle type, vehicle axle, vehicle dimensions and weight and to goods transport activity, are defined in Annex 1 attached to this Supplementary Act. Article 2 Objective and scope of application 1. The objective of this Supplementary Act is to harmonize amongst E C O W A S Member States, the standards the control of dimension, weight and axle load of heavy duty goods transport vehicles, and the sanctions imposed for non-compliance with these standards. 2. This Supplementary Act complements and amends all relevant E C O W A S texts, particularly Convention A/P2/5/82 of 29 May 1982, Decision C/DEC/7/7/9 of 13 July 1991 and Council of Ministers Resolution 5/5/90 of 27 May 1990. 3. Annexes 1 and, 2 to this Supplementary Act form an integral part thereof. The weight and dimension limits set forth herein, deriving from the aforementioned previous texts, shall constitute the load standards for heavy-duty goods transport vehicles plying public roads in E C O W A S Member States. 3 CHAPITER II: LIMITS TO THE DIMENSIONS, WEIGHT AND AXLE LOAD OF HEAVY DUTY GOODS TRANSPORT VEHICLES Article 3 Limits to heavy duty vehicle dimensions The external dimensions of any vehicle or assembly of vehicles plying the road network of E C O W A S Member States shall not exceed the authorized maximum dimensions set forth in Annex 2 of this Supplementary Act. Article 4 Limits of axle load In accordance with Article 4 of Convention A/P2/5/82 of the Authority of Heads of State and Government of E C O W A S and Article 1 of the Council of Ministers Decision C/DEC/7/7/91, transport vehicle traffic on roads networks of E C O W A S Member States shall be permissible subject to a maximum axle load of 11.5 tons for single load-carrying axles. The Authorized Maximum Axle Loads (AMAL) for the various types of axle are listed in Annex 2 of this Supplementary Act. Article 5 Limits to laden weight For each type of vehicle or assembly of vehicles, the authorized Total Laden Weight (ATLW) or the authorized Total Transported Weight (ATTW) shall be defined in conformity with Annex 2 of this Regulation. Article 6 Exceptions for exceptional transport In conformity with Article 7 of the Convention A/P2/5/82 and as provided in the annex to Decision 7/7/91 Special transport vehicles or exceptional convoys of vehicles that are not compliant with the standards defined in Article 3, 4 and 5 of this Supplementary Act shall, while transiting in each Member State, be subject to prior authorization for exceptional transport issued by the competent authorities. The beneficiary of such authorization shall hold the same in possession in the course of the journey. 4 CHAPTER III: MEASURES TO IMPLEMENT AND CONTROL THE STANDARDS Article 7 Load and Dimensions Inspection Certificate 1. Pursuant to implementation of this Supplementary Act, each Member State shall formulate and incorporate in its official transport document (traffic document or road consignment note) a note in the certificate attesting that a vehicle's weight and dimensions have been duly checked. The total laden weight and the overall axle system load of the concerned vehicle shall be clearly mentioned, and there shall be express indication as to the vehicle's conformity with the dimension standards. 2. With respect to exceptional transport, the authorization for exceptional transport set forth in Article 6 shall apply. Article 8 Technical inspection of heavy-duty vehicles 1. Prior to registration and entry into service, every vehicle shall be subject to technical inspection by the competent administration in the Member State. The dimension, weight and axle type specifications (with the nomenclature used in this Supplementary Act) shall be clearly inscribed in two plates: a) A tare plate clearly displaying: i) The unladen weight (UW) - at full tank; ii) Authorized total laden weight (ATLW) of the vehicle; and iii) Type of the vehicle axle. b) A dimensions plate displaying the dimension specifications of the vehicle. 2. The two plates shall be affixed to the vehicle. 3. Technical inspection shall be compulsory upon a vehicle's entry into circulation after an accident or significant transformation thereto. The vehicle owner shall request for this inspection from the Competent Authority. 5 4. During the periodic vehicle inspection stipulated in Article 10 of Convention A/P2/5/82, the dimension and weight specifications inscribed on the plates shall be checked. 5. A s regards an assembly of vehicles, the provisions of this Article shall apply to each component of the fleet. Article 9 Obligatory Inspection of Equipment and Devices A. For Member States 1) Pursuant Resolution C/RES.5/5/90 and for the purposes of effective inspection, Member States shall install or cause to be installed equipment for control of the set limits to vehicle load and dimensions. The equipment in question are essentially weighbridges, weighing scales and dimension gauges. 2) The said equipment shall be installed in the form of fixed posts along inter-State road corridors, at the beginning and at the end of such corridors, and at the borders where the equipment can be used by the relevant authority of neighbouring Member States in line with the concept of adjoining check points. In addition, mobile weighing scales shall be used for unscheduled inspections. 3) It shall be the responsibility of the State to ensure that the inspection equipment is installed at the exit of urban agglomerations which generate annual road freight for heavy- duty vehicles of over two hundred thousand (200,000) ton 4) The equipment forming part of the installations referred to under paragraph 3 of this article shall be inspected frequently each year and recalibrated by a metrology service recognized or certified by the State. B. For platforms that generate heavy traffic 6 1) Operators of port and airport transit platforms, logistics platforms, rail-road inter-modal platforms, warehousing and storage facilities, as well as industrial and/or mining institutions which generate heavy-duty vehicle goods traffic of over two hundred thousand (200,000) tones annually, shall equip their platforms or facilities with an installation having the specialized facilities required for inspection of the dimensions, weight and axle load of heavy-duty cargo transport vehicles loading in their respective domains. 2) The operator shall be required to obtain a certificate of compliance from the national administration in charge of transport 3) Member States shall ensure the implementation of these provisions by those in charge of platforms. CHAPITE IV: INSPECTION OF HEAVY-DUTY VEHICLES DIMENSION, WEIGHT AND AXLE LOAD ALONG ROAD CORRIDORS Article 10 Responsibilities of loading platforms prior to departure of a laden truck 1. Operators of the platforms and facilities mentioned in Article 9(B) of the Supplementary Act shall ensure and certify in their inspection installations by their respective services or by any other service provider operating on behalf of their services, that the standards regarding the dimensions, weight and axle load limits for heavy-duty vehicles loaded in the said platforms and/or facilities have been complied with. The services or service providers in question shall accordingly issue an inspection certificate as provided for in Article 7 of this Supplementary Act. 2. Such inspection shall be conducted at the expense of the vehicle operator. The inspection certificate where so issued shall 7 be kept aboard the vehicle for presentation on demand during road inspections. 3. The vehicle may not leave the premises of the platform or facility with its cargo and re-embark on the journey unless it is in compliance with the standards set forth by this Supplementary Act, or the vehicle operator has an authorization for exceptional transport. Prohibition from leaving the platform/facility premises for non-compliance shall be the responsibility of the owners of the said platforms or facilities. 4. Every urban agglomeration generating outgoing road cargo traffic for heavy-duty vehicles of over two hundred thousand (200,000) tones annually shall offer every heavy-duty vehicle transporter the opportunity to ensure that his/her laden vehicle conforms with the dimensions, weight and axle load standards set for such vehicles. The offer shall be extended by putting in place an appropriate technical facility operated by or on behalf of the services of the administration or by a private operator accredited by the road administration. Article 11 Responsibilities of vehicle operators prior to departure of laden trucks The vehicle operator or his/her representative shall ensure that, at the point of loading and of departure that the said vehicle is compliant with the dimensions, weight and axle load standards set for the vehicle. The vehicle operator shall be held responsible, unless proved otherwise, for non-compliance with the said standards on public roads. Article 12 Inspection at fixed posts 1. Each fixed inspection post shall, at the minimum, be equipped with vehicle weighing facility for inspection of axle load and total vehicle weight, as well as a facility for measuring vehicle dimensions. The fixed inspection posts shall have secured cargo warehousing facilities and secured parking spaces for immobilized vehicles in order to facilitate implementation of the 8 sanctions set forth in Articles 16 and 17 of the Supplementary Act. 2. The number of inspection posts along any Community transit corridor in a Member State may not exceed three [3] in each traffic direction, including the posts in the precincts of the aforementioned sources of heavy traffic where such posts are located on the border corridors and posts. The inspection posts situated on Community transit corridor feeder roads are not subject to this limit.. 3. Weighing-toll posts shall not be included in the number of inspection fixed posts mentioned in paragraph 2 of this Article. Transit transport vehicles with the stickers provided for in the regional road inspection plan shall not be subject to the weighing formalities at the said weighing-toll posts. Article 13 Inspection by mobile brigade 1. In addition to establishing the system of inspection fixed posts stipulated in Article 12, the road inspection system in each Member State shall be provided with standardized mobile equipments. 2. Mobile road inspection shall be conducted without prior notice. It is primarily intended to control offences and fraud committed on crossing inspection fixed posts. It is also aimed at controlling the vehicles not intercepted at an inspection fixed post. Mobile road inspection shall entail only the verification of compliance with the standards stipulated in this Supplementary. 3. Mobile road inspection along any Community transit corridor in a Member State may be operated only within the limits of a total of three consecutive inspection points, in each traffic direction along the corridor, fixed posts and mobile inspection posts inclusive, counted in the same way as in Article 12 above. 9 4. Inspection at mobile check points shall be conducted at random and through sampling of units of traffic plying the road without forming a queue. No other vehicle in circulation shall be intercepted during a vehicle inspection operation; and no vehicle shall be kept waiting for the purpose of inspection. 5. A transit transport vehicle may be inspected right through the journey, for every transit corridor in a Member State. Article 14 Content of road inspection and mode of management 1. Apart from the inspection of vehicle and driver's particulars, fixed and mobile posts inspection shall entail verification of conformity with the dimension and load standards set forth in Articles 3. 4 and 5 of this Supplementary Act. 2. In each Member State, the road inspection system defined in Articles 12 and 13 of this Supplementary Act and the mode of management and operation thereof fall under the purview of the Member State, with the exception of the adjoined inspection posts at the border of two Member States, which shall be governed by a special regime. 3. The inspection posts juxtaposed at the border of two Member States shall be located on common land entry-exit platforms. Legal provisions defining the status of such platforms shall be put in place by the E C O W A S Commission. CHAPTER V: SANCTIONS FOR NON-COMPLIANCE WITH THE DIMENSIONS, WEIGHT AND AXLE LOAD LIMITS Article 15 Content of the Sanctions 1. A breach of the standards and non-compliance with the responsibilities laid down in this Supplementary Act shall attract sanctions set forth in Articles 16 to 24 hereunder. 10 2. In general terms, in the event of non-conformity with dimensions and weight limits, the sanctions imposable shall comprise: a) Corrective measures as well as measures imposed to oblige compliance with the relevant standards (weight and load shedding) at the expense of the offender with a view to eliminating the impact of the offence on the rest of the journey; b) Dissuasive fine determined in accordance with seriousness of the offence to be defined in the manner provided under Article 18 of this Supplementary Act. 3. The level of fine for overloading shall be determined in such a way that the amount applicable shall be at least equal to the income expected by a public transporter on the transportation of the cargo weight that constituted the overload. In this regard, account shall be taken of the average cost of heavy-duty transportation of a kilometer tone and the average transportation distances in respect of national and inter-State transport. Article 16 Compulsory overload shedding and correction of dimensions 1. The operator of a vehicle found to be non-compliant with the loading standards stipulated in this Supplementary Act shall have the obligation to conform with the Act prior to putting the vehicle back in circulation. 2. Payment of the fine incurred notwithstanding, the vehicle operator shall be required to cause the excess load to be discharged and/or re-order the vehicle load with a view to bringing the vehicle load and dimensions back to permissible limits. 3. The operations to load and re-load off-loaded cargo shall be the responsibility of the vehicle operator who shall exclusively bear the cost. ii 4. In the case of a sealed vehicle or a transit transport vehicle under ISRT regime, the operations referred to in paragraph 3 of this Article shall be conducted under customs oversight. 5. Where a non-compliant vehicle is intercepted by mobile inspection, such vehicle shall be immediately escorted to the nearest inspection fixed post. Article 17 Immobilization of vehicle and compulsory cargo trans-shipment 1. Where an inspected vehicle is found to be in breach of the dimension standards set forth in Article 3 of this Supplementary Act and the cause of the non-compliance is not due to loading but solely to the technical specifications of the vehicle, the vehicle operator shall be required to transfer its cargo to another vehicle that is compliant with the dimension standards. 2. The defaulting vehicle shall be immobilized at the inspection post under the responsibility of the post operator pending the arrival of the inspection post vehicle to which the cargo is to be trans-shipped. The trans-shipment shall be Effected at the inspection post by the vehicle operator under the supervision of the post operator. 3. The owner of the non-compliant vehicle shall be sanctioned with immobilization of the said vehicle at a location indicated by him/her, until the vehicle is brought to conformity. Article 18 Fine 1. 1 The amounts for fines attached to sanctions prescribed under chapter 5 of this Supplementary Act shall be defined in a Regulation to be adopted by the Council of Ministers on the recommendation of the sector Ministers. All such fines shall be calculated in the United States dollars but paid in the appropriate local currency. The amounts shall be reviewed periodically by the Council of Ministers on the advice of the sector Ministers. 12 2. In the absence of Dimension and Tare Plates Any owner of a vehicle without the dimension and tare plates stipulated in Article 8 of this Supplementary Act shall be sanctioned with a fine. 3. For lack of inspection certificate 1. Any international transport vehicle without inspection certificate in its set of travel documents as prescribed in Article 7 of this Supplementary Act, or without the authorization for exceptional transport in lieu of the certificate, shall be sanctioned with a fine in exchange for the eventual issuance of a certificate of compliance in lieu of inspection certificate, to complete the rest of the journey. 2. In the event of a mobile inspection, the defaulting vehicle shall be escorted to the nearest stationed inspection post for the purpose of issuance of the requisite certificate after verification of compliance with all the prescribed limits. 4. For breach of dimension standards 1. Any breach of the dimension standards resulting exclusively from vehicle load shall attract a fine at the expense of the operator of the vehicle. 2. Any breach of the dimension standards due exclusively to the specifications of the vehicle shall be punished with a fine at the expense of the owner of the vehicle and immobilization shall be imposed in accordance with the provisions of Article 17 of the Supplementary Act. 5. For exceeding the total travelling weight of the vehicle Any overload beyond the regulated total laden weight of a vehicle or assembly of vehicles with regard to national and inter-state transport shall attract fines to be determined in the manner provided for under Article 18 {1} of this Supplementary Act. A five percent (5%) allowance on the total laden weight is however made to take into account the margin of error of the weighing facility. 13 6. For axle overload 1. Any excess of axle load for national and international transport in violation of the standards set forth in Article 4 of this Supplementary Act shall attract fines calculated per ton overload in respect of the axle accounting for the highest overload amongst all the axles of the vehicle.: 2. Where the two kinds of overload, namely, weight overload and axle overload, have been observed in respect of the same road transport vehicle, the penalty applicable shall be the highest. Article 19 Special case of transportation of hydrocarbons, explosives and certain dangerous cargo 1. In special cases where the cargo transported by the weight or dimension non-compliant vehicle is composed of hydrocarbons, explosives and certain dangerous cargo which cannot be manipulated and/or stored in inspection fixed post facility for security reasons, the vehicle shall immediately be escorted to its loading point, its journey starting point, the off load point or destination, depending on the point with the shortest distance between the two destinations, that is, from the inspection point where the offence was observed, and the fixed or mobile post. 2. The fine applicable shall be double the fine set for similar offence in case of ordinary cargo transport. 3. With respect to transit transport, escorting the vehicle back to the loading point shall be supervised by the customs. Article 20 Increased fine for repeated breach 1. Repeated breaches of the standards in respect of both dimension and load shall attract increased fines at rates determined in a Council Regulation as stated in Article 18 {1} of this Supplementary Ac t . 2. For the purpose of implementing the provisions of sub­ paragraph 1 of this Article, annual computation of offences shall 14 be carried out in respect of the offences committed in the territory of the same State and detected at the control system. Such computation shall be managed by the operator of the inspection system. 3. In the special case of adjoining inspection posts at the borders, the provisions of Paragraph 1 of this Article above shall be applied on the basis of computation of offences detected at the same joint border post. Article 21 Fines for proven offences at inspection fixed posts During unscheduled mobile inspection, any offence or offences involving a vehicle at the last inspection of dimension, weight and axle load at a fixed post shall attract the requisite fine. This sanction shall be additional to the other sanctions defined in earlier Articles. Article 22 Obligation to implement sanctions A defaulting vehicle may not be authorized to leave the inspection fixed post or the destination designated for the vehicles mentioned in Articles 17 and 19 of this Supplementary Act, unless the vehicle operator produces proof that the requirements laid down under the sanctions have been met, and that the fine and other sanctions imposed have been cleared at the inspection fixed posts holding and processing the dossier regarding the offense. Article 23 Fine imposed for deliberate refusal to pass through the weigh-bridge and axle weighing scales Any deliberate refusal by the driver of a vehicle to pass through the weigh bridge or axle weighing scale shall be sanctioned in addition to such other coercive measures as may be applicable. Such sanction shall be imposed on the vehicle operator who may institute a claim against the driver. 15 Article 24 Sanction against platforms and facilities generating Out-going road traffic of over 200,000 tones 1. Any corporate body operating a piatform or facility of the category defined in Article 9 (B) of this Supplementary Act without the compulsory inspection facilities mentioned in the said Article, shall attract a fine. This fine becomes applicable at the expiration of two years deadline following the formal notification of the obligation to be compliant, issued by the national administration in charge of transport where the corporate body in question fails to meet the obligation. 2. Any corporate body referred to under Article 9 (B) that has conformed with the obligations in terms of the inspection equipment and facilities mentioned in the same Article but is in breach of the obligations regarding vehicle inspection and prohibition from leaving the inspection post defined in Article 10 of this Supplementary Act, shall be sanctioned with a fine per any vehicle loaded in the precincts of the defaulting platform or facility. CHAPITER VI: GENERAL AND FINAL PROVISIONS Article 25 Adaption and/or amendment of technical standards of vehicles and sanctions 1. The technical standards for heavy duty goods transporting vehicles plying public highways within the limits of dimension of heavy vehicles, axle load, laden load shall be adapted periodically in line with improvements in the manufacturing technology of vehicles. 2. Consequently annexes 1, and 2 attached to this Supplementary Act, and which are part thereof shall be adapted or modified by a Decision of the Council of Ministers upon the recommendation of the sector Ministers. 16 Article 26 Other Obligations 1. A Member State shall not have the right to refuse or prohibit the use of vehicles registered or put into service in any other Member States on its territory for reasons pertaining to the dimensions and weight if such vehicles comply with the maximum values specified in annex 1 and 2 of this Supplementary Act. 2. The provision of paragraph 1 of this Article shall be applicable notwithstanding the fact that the said vehicles do not comply with the provisions of the laws of the Member State regulating some weight and dimension specifications that are not covered by this Supplementary Act. 3. No Member State shall authorize the normal circulation of vehicles or an assembly of vehicles on its territory if they do not comply with the specifications stated in this Supplementary Act. Article 27 Transition period 1. During a one-year transition period starting from the date of entry into force stated in article 29 below, Member States shall put in place their road control system as specified below : i. By the end of the first six months of the transition period, weighing equipment shall be acquired and made operational and temporary areas shall be developed as fixed control posts for the storage of goods offloaded from overloaded vehicles ; ii. By the end of the transition period, road control systems shall be set and made operational as defined in this Supplementary Act. 2. By the end of a two year period starting from the date of entry into force stated in Article 29 below, vehicles transporting hydrocarbons in circulation in the region and which do not comply with the standards Set forth in this Supplementary Act shall be modified to make them compliant. 17 3. A road map defining the modalities for the implementation of this Supplementary Act shall be established by the Council of Ministers on the recommendation of the transport Sectoral Ministers. Article 28 Moratorium 1. In each Member State, a moratorium shall be applicable starting from the date of entry into force of this Supplementary Act as specified in paragraph (2) et (2) below. 2. A general moratorium limited to enforcement of fines shall be granted for a period of twelve (12) months during which only sanctions provided for under article 15 of the Supplementary Act shall be applied 3. Infringements shall be subject to a specific moratorium as follows: - Infringements which attract the sanction provided under paragraph C of Article 18 (4) of this Act: None for new vehicles or registered vehicles for the first time; (ii) one (1) year for other vehicles with the exception of Hydrocarbon transport Vehicle for which a period of two years has been granted; - Breach of provisions of Article 8 of this Supplementary A c t : (i) none for new vehicles or vehicles registered for the first time ; (ii) one (1) year for other vehicles with the exception of Hydrocarbon Transport Vehicles for which 2 years has been granted. . Article 29 Publication This Supplementary Act shall be published by the E C O W A S Commission in the Official Journal of the Community within thirty (30) days of its signing by the Heads of State and Government. It shall also be published by each Member State in its National Gazette within thirty (30) days of notification by the Commission. 18 Article 30 Entry into force This Supplementary Act shall enter into force upon its publication. Consequently, Member States shall undertake to commence implementation of its provisions upon its entry into force. Article 31 Miscellaneous Provisions The Supplementary Act shall supersede any other contrary provisions. Article 32 Depository Authority This Supplementary Act shall be deposited at the Commission which shall forward certified copies to all Member States and shall register same with the African Union, United Nations Organisation and all other organisations selected by the Council. IN FAITH WHEREOF, WE, THE HEADS OF STATE AND GOVERNMENT OF THE MEMBER STATES OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES (ECOWAS), HAVE SIGNED THIS SUPPLEMENTARY ACT DONE AT ABUJA, THIS 19™ DAY OF JULY, 2011 IN SINGLE ORIGINAL IN ENGLISH, FRENCH AND PORTUGUESE LANGUAGES, ALL TEXTS BEING EQUALLY AUTHENTIC. 19 ANNEX 1 : DEFINITIONS RELATING TO THE DIMENSIONS, WEIGHT AND LOAD OF HEAVY-DUTY GOODS TRANSPORT VEHICLES TERMS AND DEFINITIONS BODY FRAME Heavy-duty /cargo vehicle Vehicle (or assembly of vehicles coupled to form a unit of traffic) whose authorized total travelling weight is above 3.5 tones Tractive unit A vehicle motorized so as to be self-propelling Cargo vehicle A motorized vehicle with a fixed cargo casing or platform, which bears its entire load on its frame. Road tractor A motorized (non-cargo) vehicle fitted with a "fifth wheel" as well as electrical and compressed air connections for semi-trailer lights and brakes. Truck trailer Non-motorized vehicle designed to be towed by a motorized vehicle. Truck trailer may also describe the last vehicle of a road train Semi-trailer Trailer without front axle, the wheeless part of which is designed to be coupled to a motorized towing vehicle such that part of this trailer rests on the motorized vehicle and that a substantial part of its weight and load weight rests on the said vehicle WW Articulated Vehicle Combination of vehicles consisting of a road tractor coupled to a semi-trailer Road train Vehicle combination consisting of a cargo vehicle 20 and a trailer or a semi trailer Double road train Vehicle combination consisting of a tractor and two semi-trailers. TERMS AND DEFINITIONS BODY FRAME Load carrying axle A set of wheels mounted symmetrically on the s4me axle beam to support a portion of the load. / — \ j" 1 - — -- > > Axle spread/spacing Distance between the centers of the axle beams confiected to the same suspension a : axle spread Front axle Steering axle located at the front end of a motor vehic Steering axle Load carrying axle with wheels mounted on the components pivoting Powered axle Load carrying axle which receives driving force transmission and transmits to the wheels torn the Single axle Axle system having only one load carrying axle T 21 Tandem axle / Double axle Axle system composed of two axles, either of which may be powered or non-powered Type 1 a ^ 1m t@X§/ Type 2 1m £ a < 1,3m Type 3 1,3m