COMlssAo DA CEDEAO ECWJ CM LXIVJ19 Original: English SIXTY-FIFTH ORDINARY SESSION OF THE ECOWAS COUNCIL Of MINISTERS Abuja, 25t h _ 26th November 2010 IIC"........ 11.,.. FINAL REPORT ttt' _.... ~_ .. --w·· .. - ECONOMIC COMMUNITY OF WEST AFRICAN STATES COMUIlIDADE DOS ESTADOS DAAFRICA DO OESTE COMMUNAUTE ECDNOMIOUE DES ETATS DE L'AFR1QUE DE L'OUEST I. INTRODUCTION 1. The Sixty-fourth Ordinary Session of the ECl:ANAS Council of Ministers was held at the 8X)\/\fASCommission, Abujafrom 25th to 26th November 2010. 2. 111e following MemberStates were represented: r / Republic of BENIN;91 Cl BURKINA FASO; 0 Republic of CAPEVERI:E; l!l Republic of COTE D'IVOIRE; III Republic of TheGl\MBIA; D Republic of GHANA; 111 Republic of GUINEA; III Republic of GUINEA-BISSA.U; III Republic LlBffiIA; 13 Republic of MALI; 13 Republic of NIGffi; (J Federal Republic of NIGERIA; B Republic ofSEf\EGAL; IJ Republic of SIffiRALEONE; la Tc:x3OlB::ERepublic. 3. The representatives of Guinea andNiger were invited asobservers 4. The following institutionsandspecialized agencies of ECOWftS werealso represented: D 8X)\/\fASParliament; B Community Court of Justice; El WestAfricanHealth Organisation (WAHO); III Inter-Governmental ActionGroup against Money Laundering inWestAfrica (GIABA); m 8X)\/\fASGender Development Centre; fa The EOOWAS Bank for Investment and Development (EBID) !l WestAfricanPowerPool rvvPf1P); 1iI WestAfrican MonetaryAgency 0NAMA); 121 EaJW,ASRegional Centre for Renewable Energy and Energy Efficiency (ECH±E) IJ 8X)\/\fPSYouth andSports Development Centre 5. The list of participants isattached asanAnnex to this report. 2 Sllm'-FIFTHORDINARY SESSION OF THE ECOWAS COUNCIL OF MINISTERS - FINAL REPORT u. OPENING SESSION e Opening Statement by the Host Minister. Chairman of the Council of Ministers 6. In his opening address, Chairman of the Council, the Nigerian Minister of Foreign Affairs Dr. Henry Odein Ajumogobia welcomed participants to the es" Ordinary Session of the ECOWftS Council of Ministers and expressed appreciation to the Ministers for taking time out of their busy schedules to attend this important meeting. He described this as a clear manifestation of "our strong commitment to the objectives of our regionalorqanzation." 7. He characterized Nigeria's tenure as chairman of ECOWftS as a period that witnessed significant strides in the areas of peace, political stability, democratic governance and economic development as exemplified by the processes in Cote d'lvoire, Guinea, Guinea Bissau and Niger towards enshrining democratic governance and paid tribute to all the Member States for contributing to this success. He paid tribute to Ghana for setting an excellent example for the region in democratic transition and urged that this be replicated in other Member States in order to deepen the culture of democracy in the region. 8. He then urged Member States to continue along this path of promoting full democratic governanceto ensure the sustainability of peaceand political stability in the sub-region, describing this asa prerequisite for economic development. 9. The Minister further highlighted the other challenges facing the region such as the food shortages, the energy deficiency and shortage of capital all of which require collective effort to address. In this regard, he identified the EaJWPS Agricultural Policy fJ:-COWPfJ) and the comprehensiveAfrican Agricultural Development Programme (CAADP) as initiatives that exemplify this spirit and which enjoys the support of our partners who have not only committed significant resources but also signed a compact on Regional Agricultural Investment Planwith ECOWftS. 10. TheChairman of Council said that CAADP, which should complement national agricultural investment programmes, is estimated to cost $900 million of which ECONPS hascommitted $150 million over five years. 11. The Minister further expressed concern about the poor implementation of the flagship H:DWPSProtocol on Free Movement of Persons, Goodsand Servicesand the Right of Residence and Establishment as this has potential implications for regional food security as it could hinder the free intra-community movement of agricultural products. ... i, 3 \\t>~,'· SIXTY·FIFTH ORDINARY SESSION OFTIlE ECOWAS COUNCIL OF MINISTERS - FINAL REPORT a Address by the President of the ECOWAS Commission 12. In his speech, the President of the HXJNPS Commission, His Excellency James Victor Gbeho, also commended members of Council for their demonstrated commitment to the Community's objectives through regularattendance and active participation in the deliberations of the Council despite their tight schedules. 13. He stressed that the present session of the Council coincides with a period when Member States and the organisation are intensifying their efforts towards the consolidation of regional integration and described the impressive, number of democratic and peaceful elections that have taken place in the region as a good omen for the future. 14. He further said that most of the proposals to be tabled before the Council by the Commission and Community Institutions go to the core of integration agenda and involve the priority areas identified by member States, although responsibility for the regional integration agenda lies with MemberStates. In this regard, he noted that the impacts ofCommunity initiatives are judged by the level of traction they achieve in the lives of Community citizens in Member States. 15. The full texts of the speechesare annexed to thi~ report. Ill. ELECTION OF BUREAU 16. The following bureau was elected: III Chairman ­ Rapporteurs Nigeria SierraLeone Togo r: IV. ADOPTION OF AGENDA AND WORK PROGRAMME 17. The following agenda was adopted: 1. OpeningCeremony: n OpeningStatement by the Host Minister, Chairman of the Council of Ministers; 11 Statement by the President of the ECQWPSCommission. 2. Election of Bureau; Adoption of the Draft Agendaand Work Programme 4 ,),,?'.:-t SIxtY·FIFTH ORDINARY SESSION OFTH: ECOWAS COUNCIL OF MINISHRS- FINAL REPORT Items for Decis ions 3. Presentation and Consideration of the 2010 Annual Report of E£OWPS (Summary Report) and Status of Tasks Assigned from the 64th Ordinary Session of the E£OWPS Council of Ministers; 4. Presentation and Consideration of the FinancialController's 2010 Interim Report; 5. Presentation and Considerat ion of the Report of the 1i h Meeting of the Audit Committee; 6. Presentation and Consideration of the Report of the Eighth Meeting of the Administrat ion and FinanoeCommittee; 7. Presentation and Consideration of the Report on the Causes of Low Budget Absorption Capacity in E£OWPSInstitutions; 8. Presentation and Consideration of the Memorandum from the President of the Commission on Administrative Issues; 9. Presentation and Consideration of the Memorandum on Ut ilization of Community Levy for the Co-financing of the Emergency Power Supply Programme for Bissau with the UEMOA; 10. Presentation and Consideration of the Draft Agenda of the Thirty-Ninth Ordinary Session of the Authority of Heads of State andGovemment. Items for Adoption 11. Presentation and Consideration of the Memorandum on the Regulation on the Status, Organisation, Mode of Operation, Functions and Attributes of the ECOWPS Regional Centre for Renewable Energy and EnergyEfficiency (ECREEE); 12. Presentation and Consideration of the Report of the Meeting of the Specialized Technical Committee on Agriculture, Environment and Water Resources on the Harmonization of the Sanitary and Phyto-Sanitary Regulations within the E£OWPS Region; 5 SoIXTY·fln H ORDINARYsessc »Of TtIE ECO WASCOUNCIl O~ Mltl ISTEP.S - fi NAl REPOR T • :_~ ;-;.1\ -i" , ,.. l ,... 13. Presentation and Consideration of the Memorandum on the Operational Manual for the Functioning of the ECOWPS National Units; 14. Presentation and consideration of the Memorandum on the Report of the Meeting of the ECDW/JS Ministersof Sports. Items for Information 15. Presentation of the Memorandum on theWeatAfricaQualityProgramme; 16. Presentation of the Report on the 3rd EaJWPSBusinessForum; 17. Presentation of the Report of 2nd ECOWIS Mineral Sector Ministers Meeting on EOOWftS MineralPolicy; 18. Presentation of the Memorandum on the Status of the Economic Partnership Agreement (EPA) Negotiations between WeatAfrica andEuropean Union; 19.· Anyother Business; 20. Adoption of Report; 21. Closing Session. v. OUTCOME OF DELIBERATIONS ITEMS FOR DECISIONS Item 3: Presentation and Consideration of the 2010 Annual Report of ECOWAS (Summary Report) and Status of Tasks Assigned from the 64th Ordinary Session of the ECOWAS Council of Ministers 18. The ECDWPS Commission President, H.E. Ambassador James Victor Gbeho presented to Council the 2010 ECOWPS annual report which indicated the region'seconomic petiormance for the first nine (9) months of the year, the prospects for growth until the end of December 2010, the status of the implementation of the Community's 2010 programmes as well as the progress achieved in the areas of regionalpeace andsecurity 19. In the report, the President indicated that the region benefitted in 2010 from the global business recovery as a result of variousmeasures taken by the governments with the support of international financial institutions which were meant to overcome the adverse effects of the global economic and financial crisis of 2009 which plunged the economies of the developed countries into a major recession. 6 SIXTY·FIFTH ORDINARY seSSIONOFTHEECOWAS COUNCIL OF MINISTERS - FINAL REPORT 20. Citing the IMF's October 2010World EconomicOutlook, the President said that the world economy'isforecast to grow by 4.8% in 2010 against-0.t10/0 in 2009. In that favourable context, the growth rate of West Africa (including Mauritania) is also expected to stand at 6.2%) in 2010, increasing by 1.4 points over the figure for 2009. 21. He added that although circumstances appear opportune for the ECOW~member states with an expected growth rate of 6.20/0 in 2010 compared to 4.4% in 2009, this prospect masks seriousdisparities between the States and remainsbelow the 1010 minimum economic growth rate required for attaining the MD<3s. He therefore urged all EOOWAS member states to further increase investments in the social sectorsand improve the quality of their expenditure. 22. Speaking to the implementation of the ECOWAS Work programme, the Presidentnoted that the increased efforts made by all the departments made it possible to attain satisfactory levels of achievement with various programmesand projects. In addition, he said the Commission pursued measures to improve the microeconomic management in member states, the promotion of the private sector, the consolidation, of the free trade area through the ECOWAS Trade Liberalization Scheme (TLS), and the establishment of the Customs Union. He also spoke of the significant progress that was achieved with the implementation of the EOOWPS Common Agricultural Policy (EOOWftP), the preparation of National Agricultural Investments Programmes by all the fifteen (15) ECDWPS member states, the establishment of the transport facilitation programme with the actual commencement of the process for the construction of juxtaposed control posts, as well as the continuation of other activities in the area of energy with the operationalisation of the regional Centre for the promotion of Renewable Energy and energy efficiency headquartered in Praia,Cape Verde. 23. As part of the process of bringing the Commission closer to the citizens, he told the Council of plans to open permanent offices in the fifteen (15) Community member states during the next twelve months. 24. He also presented the security situation of the region, noting that there was general improvement with signs of stabilization in many areas. He attributed the situation to the concertedefforts by ECONPSand member states particularly in promoting dialogue and engaging in preventive diplomacy both of which contributed to the improvement of the political climate. fts evidence, the President cited the on-going organization of presidential elections in Cote d'lvoire and Guinea, the consolidation of democracy in Guinea Bissau and the encouraging progress achieved in the return to constitutional rule in Niger. 7 SIXTY·mTH ORDINARY SESSION OFTHEECOWAS COUNCil OF MINISTERS - FINALREPORT ~ . 25. In concluding, the President reiterated the major achievements of 2010 in the region particularly the significant progress in the lmplementation of Community proqrammes, the successful organisation of Presidential elections in Guinea, the success of the first round of the Presidential election in Cote d'lvoire and the gradual return to constitutional rule in Niger, attributing these achievements to the Community's efforts and the support of the various Mediators and the Special Representative of the United Nations Secretary-General noting their inestimable contributions in Guinea,Cote d'lvoire and Niger. 26. Lastly, the ECOWASCommission President informed the Council of Ministers of the outlook for 2011 through a Work programme driven by: the negotiation of the Economic Partnership Agreement, the creation of an ECOWASCommon Market, faithful implementation of the ECOWAS Trade Liberalisation Scheme (ETlS), efforts towards the creation of a Customs Union and improvements in Regional infrastructure, Agricultural Policy, Human development, institutional capacity building, private sector development, macroeconomic convergence, and collaboration with other ECDNPS Institutions and developmentpartners. 27. Following the presentation of the 2010 ECOWPSAnnual Report, Council commended the President of the Commission for the quality and clarity of the report. Council, however, directed that future reports should equally present activity reports of other Community Institutions in order to provide a holistic picture of the Community. 28. The presentation of the 2010 Annual Report was followed by a report on the implementation status of tasks assigned to Community Institutions. In considering this report, Council directed that the Commissionshould conclude and present to the consideration of its next session, the report on the status of surplus funds. Item 4: Presentation and Consideration of the Financial Controller's 2010 Interim Report '.... 29. The 2010 Interim Report of the Financial Controller was presented to the Council of Ministers. The report covers the budgetary, financial and staffing situations of the community institutions for the period January to June, 2010. The report recalled that Council of Ministers at its sixty-third ordinary session approved a total budget of UA 169,529,940 for community institutions for the year 2010, an increase of 2% over the preceding year to be funded as follows; UA 139,384,627 from community levy, UA 1,400,000 from contribution arrears, UA 11,326.327 surplus funds from previous years, UA 161969,414 from donor grants and UA 449,572 in miscellaneous income. 8 SIXTY·FIFTH ORDINARY SESSION OFTHEECOWAS COUNCIL OF MINISTERS - FINAL REPORT 30. The report showed that total income stood at UA 93,683,202 at the end of the fiscal year, representing 55% of the budgeted income for the year. Of this income, community levy accounted for UA 79,647,4n or 85% of total receipts representing 570/0 of the community levy budget. Contribution arrears came from only one member state during the period and amounted to UA 275,293, surplus funds from previous years came to UA 10,589,325, and donor grant was UA 2,821 ,076 and miscellaneous income UA 350,031. The report further noted that the rate of income achieved for the period was very good from all income sources of income, except for receipts from contribution arrears and donor grants which constitutes 20%and 170/0 respectively asexecution rates. 31. The Financial Controller reported some challenges in the management of the Community levy. She pointed out that the statement on levy assessments are grossly behind schedule which makes it difficult to establish the levy balance due from member states at the end of the period. The report noted that almost all the statements of levy deposited into the community levy bank accounts have been received but there were delays in receiving some of them especially those from Nigeria, which constitute 490/0 of the total levy receipts for the period. The report stated that contrary to the decision of the Authority A/DEC.4/01/05, Nigeria continues to control and restricts access to the ECDNPS levy bank account at the Central Bank of Nigeria making it difficult for the Commission to manage about 500/0 of the resources coming from the Community levy. She recommended that the Council come up with a lasting solution to this recurring problem. Furthermore, she stressed the need to assess and build the human and material capacity of the unit responsible for the management of the Community levy funds. 32. The Financial Controller also reiterated the recommendations in her previous report concerning the need to improve the mobilisation, budgeting and accounting for donor funds. To this end, she urged all institutions to accelerate the implementation of plans geared towards improving mobilisation and management of donor grants and assistance. 33. On the expenditure side, the report recorded UA 45,267,822 as committed for the period January to June 2010 representing 270/0 of the budget for the year, a performance that was just above average.The performance per institution varied from 230/0 to as high as 420/0. Administrative expenditure was UA 23,670,050 programme UA 17,238,066and others UA4,359,705. The rate of implementation of the budget for administration of 3SO,la was also higher than that achieved under the programme budget of 200/0. Programme to administrative expenditure ratio was reported to be 42:58, reverse of the 57:43 budgeted. 34. The report highlighted a number of challenges faced by the institutions in programme implementation and expenditure management, procurement, mission planning , delegation of authority and staffing. 9 SIXTY·FIFTH ORDINARV SESSION OFTHEECOWAS COUNCIL OF MINISTERS - FINAL REPORT 35. On the staffing situation, it vtJas reported that a total of fifty-three staff were appointed . during the period under review, one (1) statutory appointee, ten (10) professionals and forty two (42) local staff. At the end of June 2010 the total staff strength was nine hundred and thirteen (913) of which two hundred and seventeen (216) were female, a slight increase in the overall female representation. Accordinq to the report, Staff expenditure accounted for UA 16,746,888 representing 33% of the staff expenditure budget for the year and 37%> of the total expenditure for the period. . " 36. On the financial situation, the Financial Controller reported that a total of UA 275.1 million was held in various bank accounts by the community institutions. at the end of the period June 2010. Of the total amount held, UA 240.1 million wascommunity funds and UA 35 million donor funds. 37. At the end of the report, the Financial Controller made seven (7) recommendations for the consideration of the Council of Ministers, namely: i. the Council of Ministers is called upon to resolve the restrictions placed by Nigeria on the EroWftS Levy bank account held at the Central Bank of Nigeria so that the Commission can exercisefull and effective control over the account; ii. a detailed assessment of the capacity requirements of the Community Levy Unit located in the Finance Directorate of the Commission should conducted and the Unit reorganized appropriately so that it can manage the Community Levy effectively and efficiently; iii. proposals emanating from the stakeholders' workshop on the Community Levy relating to a) the amendments to the Community Levy texts, b) adoption of harmonized procedures for assessment, collection and lodgement of Community Levy proceeds, and c) guidelines for the utilization and management of the Levy subvention to the National Units should be submitted by the Commission to the Councilof Ministers for consideration and approval; iv. the President of the Commission is urged to put into operation the instrument of delegation of authority to all Heads of Institutions and all relevant officers at the Corrm ission, to facilitate operationsand implementation of activities; v. an evaluation of the operations and activities of agencies and outposts of the Commission is recommended to enableCouncilgive clear direction for the future; SIXlY·FIFTH ORDINARY SESSION OFTHEECOWAS COUNCIL OF MINISTERS - FINAL REPORT 10 ========================:::;;;======:;:~=========== vi. adequate planning-and timely reporting of parliamentary expenses during sessions and other missions should be enforced by the Secretariat of Parliament to ensure better control and efficient management of financial resources; vii. capacities of the monitoring and evaluation units of WAHO, GIABA and the tsXNVPSCommission should be strengthened to ascertain whether the results and objectives set in the work programmes for the period have been achieved. 38. The Financial Controller used the occasion of the presentation of her report to recount some of the achievements of her tenure and thanked members of the Council of Ministers for ~ , their support throughout the period. She also thanked her staff and the management and staff of all community institutions for their cooperation which contributed to the steady improvements in the financial management of the institutions. 39. Council congratulated the FinancialController for the quality of her report and enjoined all Institutions to faithfully implement recommendations adopted by it. Item 5: Presentation and Consideration of the Report of the 17th Meeting of the Audit Committee; 40. In the report, the Audit Committee presented to the Council of Ministers different resolutions emanating from the 16th and 17th Meeting of the Committee which were .held respectively from 9 to 13 August and from 22 to 24 November 2010. These resolutions include the following: i. Information on the Programme for the Implementation of iPSAS in 2011 41. The Commission was strongly urged to prepare an overall and realistic timetable as part of the detailed programme of activities, with a view to implementing the IPSAS standards in accordancewith the financial regulations. ii. Consideration of the Commission Management's response to the audit reports on recruitment , .~ • 42. The Committee recommended a global Action Plan on the basis of an integrated approach and the adoption of transparent and reliable recruitment practices. The Committee requested for the formulation of policies governing HR, including finalising and sharing with the Audit Committee a recruitment manual by 31 f\~arch 2010. UL Consideration of the Report on the Study on travels and the Commission's Management response I 1 SIXTY·FIFTH ORDINARY SESSION OFTHEECOWp.,s COUNCIL OF MINISTERS - FINAL REPORT .. 43. TheCommittee observed with extreme concern the continued high and uncontrollable travel rate which hot only entail huge costs but also impact on staff output. In this regard, the Committee welcomed Manaqement's initiative to commission a study in encouraged it to implement its recommendations. Furthermore, the Committee observed that it was absolutely necessary to undertake an overallevaluation of ECDWPS missions, in order to resolve the problem of the highpropensity for travels. 44. TheCommitteetherefore recommended thata comparative study on travelsbe conducted at the EBID, ADS, DflD, the World Bank, and the UN not later than 31 December 2010, to ensure that ECOWPS travelpractices are madeto conform with bestpractices and doesnot frustrate the successful implementation of its programmes and the attainment of its objectives. TheCommittee further asked the Commission, at its next meeting, to provide the status of implementation of the recommendations arising from the studyon travels. iv. Consideration and recommendations on the Report of the External Auditors on the 2009 Community levy accounts for the ECOWAS Commission, ECOWAS Gender Development Centre, ECOWAS Parliament, ECOWAS Court of Justice, West African Health Organisation and Intergovernmental Action Group against Money Laundering 45. Following the presentation of the audit report on the accounts of the Commission and other ECOWPS Institutions, the Committee confirmed that the "annual financial statements were regular andaccurate.' 111e report noted that thestatements provided give a true reflection of the financial situation, income and expenditure of the EaJWAS Commission at the end of 2009 financial year in accordance with the ECOWPS accounting and financial regulation at 31 December 2009". 46. TheAuditCommittee commended theCommission and other Institutions for implementing the recommendations of previousaudits. 5. Consideration and recommendation of the Report of the External Auditors on the 2009 financial year Community levy accounts 47. After discussions on the audit report of the External Auditors on the Community levy, the Committee recommended for adoption by the Council of Ministers the financial statements of audited Community levyaccount for the financial yearending 31 December 2009. 12 SIXlY·FIFTH ORDINARY SESSION OF THEECOWAS COUNCilOFMINISTERS - FINAL REPORT 48. Following the consideration of audit reports of all ECOWftS Institutions, the Committee observed a number of cross-cutting problems suchas: Lack of uniformity in the accounting practices ofCommunity Institutions; Non compliance with the provisions of Article 012 of the Finandal Regulations and Manual of Accounting Procedures stipulating that financial operations in several currencies (FCFA, Pound Sterling, US dollars) shall be re-evaluated in UA at the end of the quarter, then at the end of the period in accordance with the exchange rate provided by the FinancialController; G Poor staff management (tax on remunerations, health insurance, pension deductions from salaries, staff movement); 49. Similarly, the Audit Committee made the following recommendations: o Accelerate the acquisition of the SAPsoftware for all institutions in order to harmonise accounting and financial management; • Comply with the provisions of Article 012 of the Financial Regulations and Manual of Accounting Procedures mentioned above. Review the ECOWPS Staff Rules with the assistance of a consultant and involvement of all institutions before the end of 2011. In the interim, the Institutions are requested to harmonise their practices in the area of salaries, with the assistance of the Court ofJustice. Take measures, in collaboration with all other institutions, to accelerate the establishment of an ECONPSStaffPensionFund. Conduct a study to ensure Headquarters agreements are correctly implemented as part of efforts to monitor the implementation of the recommendations of the 15th meeting on taxes and duties on salaries. o Conduct a study to ensure the follow-up on the provisions of headquarters agreements. Following the request of the External Auditors for the review of their fees, the Audit Committee recommended the approval of the sum of Three 13 SIXTY·FIFTH ORDINARY SESSION OFTHEECOWAS COUNCIL OF MINISTERS - FINAL REPORT • -.. Hundred and Twenty Thousand US Dollars (USO 320 ODD) as fees for the audit of the 2009 and 2010 accounts of Community institutions. This figure represents an increase of 13°,10 in comparison to the previous contract. 50. After the presentations, the Council of Ministers adopted audited financial statements for the year2009 and congratulated the AuditCommittee for their excellent job done and the quality c of the report. Council endorsed the recommendations made by the Audit Committee and approved the review of the audit fees of the external auditorsas requested. Council alsodecided that the Office of the Financial Controller should monitor the implementation of the various recommendations emanating from both the Audit Committee and the Financial Controller's report. Item 6: Presentation and Consideration of the Report of the Eighth Meeting of the Administration and Finance Committee; 51. The report was presented by Ambassador Adamu A. Abass who presided over the meeting and focussed on the following points discussed during the meeting: implementationstatusof tasks assigned to theCommunity Institutions; implementationstatusof Community Levy Protocol; memorandUl11 of the establishment of the ECOWASSolidarity Fund; Memorandum on Special Grant to support the West African Institute (WAI) 2011 budget; Special memorandum on financing of the Economic Policy Analysis Unit (EPAU) in the 2011 budgetof the EOJWASCommission; Memorandum on the establishment of the Project Preparation and Development Unit (PPDU); Memorandum on the allocation of a special budget for the 2011 Presidential Election Monitoring Missions in Benin, Cape Verde, the Gambia, Liberia, Nigerand Nigeria; Memorandum on a 2011 cost budget for ECOSAP staff; SIXTY·FIFTH ORDINARY SESSION OFTHEECOWAS COUNCilOF MINISTERS - FINAL REPORT 14 =========~~~~~~~~:==:=:===::::::===::::==?===::===::=================== Memorandum on the mobilisation of EOOWAS Financial Contribution to the implementation of the Regional Agricultural Investment Plan under the FrDNPSICAfJ.fF Process; Memorandum on the mobilisation of ECOWAS Financial contribution for the Implementation of a Regional Project on Food and Nutritional Security in West Africa-Joint Projectwith the French Development Agency (AFD); Consideration of aSpecial Memorandum on the ITCICIDAandECOWASCommission Agreement signed to improve the Export Competitiveness of the Micro, Small and MediumEnterprise of the EClJWPSRegion; Consideration of a Memorandum on the Request for Additional Funds for Completion of Renovation Workson theCommission's Headquarters Building; Consideration of a Memorandum on Staffing of the Intergovernmental Action Group against MoneyLaundering (GIA8A); Consideration of a Memorandum on theECOWASStaff Pension Scheme; Consideration of a Memoranda on the Review of (i) ECDWASStaffSalaries and of (ii) Housing Allowances; 2010 InterimReport of the Financial Controller; - Activity Reportof Commissioners and Heads of Institutions; Consideration of the 2011 Budgets of EOOWPS Institutions. 52. After discussions, Council adopted the reportof theEighth Meetingof the Administration and Finance Committeeandmadethe followingspecific recommendations onsome itemsof the report: Council adopted the recommendation to extend the deadline for the paymentof arrears of contributionsby MemberStates for another period of five (5)years from the end of2010. To this end, theCommission wasdirected to continue the tradition of negotiating repayment termswith each of the concerned MemberState. 15 SIXTY-FIFTH ORDINARY SESSION OFTHEECOWAS COUNCilOF MINISTERS - FINAL REPORT , ~ 31 • On theSolidarityFund, theCOmmission wasdirected to review the roadmap and the guidelines andsubmit to its nextsession through the Administration and Finance Committee. Thebudgetary provision for election monitoringasprovided in the 2011 budget should not only be used for observation missions but shouldalsofocus on capacity buildingof the electoral commissions of MemberStates. 53. Council alsoapproved the upward review of basic salaries, and housing allowances for Directors, Professional andGeneral Service Staff in the following rates: Directors: 15% Professionals andGeneralService: 10°..10 A 50 % increase in the current housing allowances for General Service staff and30 % increase for Directors andProfessional staff at Abuja, which is regarded as the base and the following corresponding percentage ratesapplied for other locations as reflected in the table below: Category Locations Applicable HousingAllowance Payable 60 % of Nigeria rateCategory 0 ~tegory_~_ '"_. __~igeria._ ..__ _.. ._._.__ .__. ._ Baserate__.._.__._..___.__ ._. . categoryB Ghana* 90% of Nigeria rate _.._--_..__.•_.__ _-_.-._-_.- ~._-_.__._.__.._-_.__..----_._-- Category C senegal 75°..10 of Nigeria rate _._---_._------_.__.--_.__ ._..__...._- _._-------._---_._--_..._-_...---~_._- Coted'lvoire Mali Benin Guinea Sierra Leone Liberia Guinea-Bissau ---_._-------------_.---_ .•__..._-_._._-_...__..._...-_..._..._.- .. --•..-_.__._-_.-f---..------..---- CategoryE TheGambia Togo Niger Burkina Faso CapeVerde 50%) of Nigeria rate *The General Service staff In Ghana are benchmarked at 60% of Niqeii« rates 54. Thesalary increases VI/ill take effect fromJanuary 2011. SIXlY-FIFTH ORDINARY SESSION OFTHEECOWAS COUNCIL OF MINiSTERS - FINAL REPORT 55. Finally, Council adopted 2011 budget for EClJWPSlnstitutions as reflected in the tables below: TABLE 1: SUMMARY OF DRAFT 2011 INCOME BUDGET OF THE COMMUNITY INSTITUTIONS PROPOSAL RECOMMENDED VARIATIONS INCOME BY THE BYTHEAFC INSTITUTIONS UA UA AMOUNTS % Community Levy 150,714,215 151,134,773 420,558 0.3% Contribution Arrears 5,200,000 5,200,000 ° 0 Interest on Placements 34,108 44,108 10,000 29% Income from Services 69,916 69,916 0 0% Income from External 23,364,588 23,364,588 0 0% Sources TOTAL 179,382,827 179,813,385 430,558 0.24% TABLE 2: SUMMARY OF DRAFT 2011 EXPENDITURE BUDGETS OF THE INSTITUTIONS PROPOSAL RECOMMENDED VARIATIONS EXPENDITURE BY BY THE BY THE AFC INSTITUTION INSTITUTIONS UA UA AMOUNTS % ECOWAS COMMISSION 132,988,973 132,988,973 0 OO!O ECOWAS PARLIAMENT 11,526,000 11,743,396 217,396 2010 COMMUNITY COURT OF 11,633,546 11,327,083 -306,463 -3% JUSTICE 17 SIXTY-FIFTH ORDINARY SESSION OFTHEECOWAS COUNOL OF MINISTERS - FINAL REPORT WEST AFRICAN HEALTH 15,290,599 15,810,224 - 519,625 3°/0 ORGANISATION (WAHO) G1ABA 7,943,709 7,943,709 0 COlo TOTAL 179,382s827 179,8135385 430,558 0.24% 56. The ratios relating to the draft 2011 budget of the Institutions of the Community are as c follows: • Administrative Cost Programme Cost 57. Council considered the issueof the absence of a fixed rate of responsibility allowances for Controllers and Internal Auditors and decided that the same rates of 15°/0 for Professional staff and 10°10 for General Service staff as provided in the relevant Regulation for Accountants and Cashiers should also apply to them. Item 7: Presentation and Consideration of the Report on the Causes of Low Budget Absorption Capacity in ECOWAS Institutions: 58. The ECfJWAS Commission presented a report on the causes of low budget absorption in Community Institutions in response to a task assigned by the Sixty-Fourth Ordinary Sessionof the Council of Ministers. The main causes identified were: over-budgeting, poor programme prioritisation, duplication of funding, poor delegation of functions with regards to programme implementation and inadequate staffing. 59. The Commission also made seven (7) recommendations in order to deal with the issue of low budget absorption capacity in Institutions. These include: Budget estimates and subsequent recommendations to the N=C shouId be based strictly on previous budget absorption levelsand the capacity of departments; Budgetary allocations to be disbursed to Institutions based on predetermined performance indicators and the submission of reports on the implementation of the Annual Action Plan and Budget; iii. The Council of Ministers should direct the Commission to identify a single entry-point for donor funded proqrarrmes for all Community institutions; i. " - !- ii. • IV. Council should give clear directives on the immediate creation of a Fund to whicn surplus funds will be channelled; 18 SIXTY·FIFTH ORDINARY SESSiON OFTHEECOWAS COUNCIL OF MINISTERS - FINAL REPORT v. Council should give directives on the formulation of proposals aimed at the establishment by EroWPS of a profit-based investment policy; vi. Efforts should be focused either on infrastructural development in the sub-region or human development sectors while five or 10year rolling plan could be adopted at best; vii. Council may wish to direct the Audit Committee or appoint an ad-hoc Ministerial Committee to look into the recommendations made in the report and present its findings to Council. 60. Following the presentation of the Report on the Causes of Low Budget Absorption capacity in EroWPS Institutions, the Council of Ministers commended the frankness and insight of the report and approved the establishment of a four -member Ad..hoc Ministerial Committee headed by the Chairman.of the Council and comprising BurkinaFaso, Cape Verde and Sierra Leone. It will be supported by requisite expertise from the Commission and wfll be required to take a critical look at the recommendations presented in the report and revert back to Council. Item 8: Presentation and Consideration of the Memorandum from the President of the Commission on Administrative Issues; 61. Council went into a brief closed-door session to consider a memorandum from the Presidentof the Commission on some administrative issues in the Commission regarding: i. the appointment of Ms. Mercedes Mensah asActing Director ofCabinet; ii. the issue of monetisation of the domesticservants; and iii. t he attitude of the FinancialController. 62. Council listened attentively to the presentation of the President of the Commission and also heard from the FinancialController. 63. After due deliberations and interventions from Council members, Council endorsed the actions taken on its behalf by the Chairman ofCouncil in: i. approving the appointment of the Acting Director ofCabinet; ii. approving the waive of Council Regulation CIREG.16/12/07 of is" December 2007 in respect of the President's domestic servants by the granting of short-term contract appointments to them. 19 SIXTY·FIFTH ORDINARY SESSION OFTHEECOWAS COUNOl OF MINISTERS - FINAL REPORT tI 64. Council however noted that these exceptional endorsements should not be cited as precedence' 65. Council further called for harmonious relations in the Commission through better collaboration of the Financial Controller with th e President of the Commission as Head of Institution for the smooth running of the Commission. Item 9: Presentation and Consideration of the Memorandum on Utilization of Community Levy for the Co-financing of the Emergency Power Supply Programme for Bissau with the UEMOA 66. In its presentation, the Commission recalled that a directive was issued at the 35th Ordinary Session of the Authority of ECOWPS Heads of State and Government for the development of an emergency power supply plan for Guinea Bissau. In compliance with this directive, the ECOWPS Commission and UEMOA Commission undertook a joint mission to Bissau in February 2009 to assess the financial and technical requirements of providing power to the capital city of Bissau. 67. Following this assessment mission, a Protocol of Agreement wassigned on 11 August2010 in Bissau between the Government of Guinea Bissau, ECOWAS, UEMOA and the WftPP for a special assistance programme as a complement to the efforts of development partners for improvedpower supply in Bissau. . 68. The Commission presented the various contributions of each Institution. While the K:lJWPS Commission is providing a 600/0 contribution, representing six million (6,000,000) US dollars while the UEMOA would contribute the remaining 40% contribution, equivalent to four million (4,000,000) US dollars. The Commission also informed the Council of Ministers that the World Bank has provided a grant of twelve million US dollars (US$12,OOO,OOO) for the project through the signing of an agreementon 13September 2010. 69. At the end of discussions, the Council of Ministers approved the memorandum. Item 10: Presentation and Consideration of the Draft Agenda of the Thirty-Ninth • Ordinary Summit of the Authority of Heads of State and Government 70. Council considered the draft agenda presented by the Commission and adopted it after amendments with the recommendation that the ordinary summit be preceded by an extraordinary summit of the Authority to consider the recommendations of the ad hoc ministerial comrnitteeon the allocation of statutory positionsin the Commission and the CommunityCourt of Justice. 20 SIXiY·FIFTH ORDINARY SESSION OFTHEECOWAS COUNCIL OF MINISTERS - FINAL REPORT " "'",\\~-,}~: ITEMS FOR ADOPTION Item 11: Presentation and Consideration of the Memorandum on the Regulation on the Status, Organisation, Mode of Operation, Functions and Attributes of the ECOWAS Regional Centre for Renewable Energy and Energy Efficiency (ECREEE); 71. Council directed that the document should be withdrawn and represented through the next meeting of the Administration and Finance Committee since its contents relate to administrative and financial issues. Item 12: Presentation and Consideration of the Report of the Meeting of the Specialized Technical Committee on Agriculture, Environment and Water Resources on the Harmonization of the Sanitary and Phyto-Sanitary Regulations within the ECOWAS Region 72. A meeting of the Statutory Specialized Technical Committee on Agricult~re, Environment and Water Resources was held at ministerial level in the EOOWPS Commission, Abuja on 23 February 2010. The ministerial session deliberated on the harmonization of the sanitary and phyto-sanitary regulations within the ECOWPS region. 73. At the end of the deliberations, the Ministerial Committee proposed for adoption by the Community appropriate regulations for improving collaboration on sanitary and phyto-sanitary issues amongECDWPS MemberStates. 74. Council adopted the regulations presented for its consideration. Item 13: Presentation and Consideration of the Memorandum on the Operational Manual for the Functioning of the ECOWAS National Units 75. In the memorandum presented by the Commission, the importance of National Units as entry points for ECOWPS initiatives within Member States to facilitate the implementation, coordination, and monitoring of regional integration programs outlined in the Protocols, Decisions, and Acts of Community institutions was re-emphasized. The establishment and operations of National Units have been codified in various recommendations and decisions adopted between November 1982 (Recommendation CIREC.1/11/82) and June 2005 (Regulation CJREG.4/06/05.) SIXTY-FIFTH ORDINARY SESSION OFTHEECOWAS COUNCilOFMINISTERS - FINAL REPORT z • " . .. 76. The Memorandum further recalled the deepening of the integration process and the far­ reaching structural transforrnations of the Community Institutions, particularly the Ea:N\lAS Commission, and draws attention to the need for a consequent updating of the mandate and functions of the National Units due their structural weaknesses which militates against the visibility and ownership of ECDWP6 initiativesat the national level, thereby constituting a major stumbling block to the achievement of the goals of an "ECQVVfJS of people". 77. The draft Operational Manual for EOOWPS National Units, which addresses these issues and the strengthening of their operational capacity, was reported to have been extensively discussed at variousmeetingsincluding the 5th JointRetreatof the ECOWASCommission, National Units, Permanent Representatives and other ECDNftS Institutions. 78. After exhaustive deliberations, Council adopted the document presented as Operational Guidelines for the National Unitsand tasked the Commission to produce a full operational manual to accompany the guidelinesfor the consideration of its nextsession. Item 14: Presentation and consideration of the Memorandum on the Report of the Meeting of the ECOWAS Ministers of Sports 79. Council considered the report of the meeting of ECOWftS Ministers of Youth and Sports held in Dakar, Senegal on 17 May 2010. The report, presented by the Sports Minister Mr. Faustin Diatta, sets out the responsibilities, objectives and expected outcomes of the sports policy for WestAfrica. 80. TheCouncil of Ministers concluded its deliberations by recommending the adoption by the summit of Heads of State andGovernment of the ECOWPS policyand strategic plan in the areaof ~ sports. ITEMS FOR INFORMATION fte,n 15: Presentation of the Memorandum on the West Africa Quality Progralnme 81. The ECOWf:6 Commission, in collaboration with UNIDO, is implementing the West Africa Quality Programme (yVOPP) which is funded by the European Commission. The programme forms 22 SIXTY·FIFTH ORDINARY sESSION OFTHEECOWAS COUNCIL OF MINiSTERS - FINAL REPORT -part of the overall strategy to foste r regional integration th rough enhanced int ra-regional trade and improved industrial competit iveness. 82. 111e Commission is submitting the Memorandum to update the Council on progress made since the programme was started in 2007 and plans to establish the West Africa Quality Infrastructure in 2011. 83. Council took note of the memorandum. Item 16: Presentation of the Report on the 3rd ECOWAS Business Forum 84. The Commission has insti tu ted an ECOWPS Business Forum for the purpose of mobms\ng the West Africa Business communi ty and promoting its involvement in the development of the regional economy. The 3rd session of the Forum was held in Abidjan, from 28 September to 01 October 201 0, on the theme : Harnessing Energy Resources to Enhance the Competitiveness of West Africa's Economy. 85. The Business Forum critically examined the energy situation in the region with a view to identify ing factors that have accounted for the gap between energy demand and supply in the region.The report contains a number of recommendations for the consideration of Council. 86. Council took note of the report. Item 17: Pres entation of th e Report · of 2nd ECOWAS Mineral Sector Ministers Meeting on ECOWAS Mineral Policy 87. In accordance with Regulation CIREG.3/5/09 directing the establishment of an Ad-hoc Committee to follo w up on the implementation of the directive on the mining sector, the second HXJVVPS Mineral Sector Min isters Meeting was held in Liberia on 8 October 2010. During the meeting the Ad-hoc Committee was inaugurated and the Ministers requested for the establishment of a permanent forum (ECOWAS Mineral & Oil Forum-ECOMOF) to deal with matters affecting the mineral sector in the region. 88. Council took note of the report. Item i 8: Presentation of the Mem orandum on the Status of th e Economic Partnership Agreeme nt (EPA) Negot iations between vest Africa and Eu ropean Union IIXTY·flfTIt ORDINARY5E511011OFTHEECOWA\ couucu OF MINI\TERI- FINALREPORT ." . " . i. ;', ,..) ........ .. 89. TheWESt Africa region (EfrJl/VPS countries and Mauritania) is still engaged in negotiations with the European Union on the Economic Partnership Agreement (EPA) whose completion was initially set for 31 December 2007. 90. The reports on the status of negotiations, with particular emphasis on persisting differences between the two parties leading to their inability to reach a regional, comprehensive, • balancedand development-oriented agreement. The particular problem of the existence of three trade regimes, involving different Member States and the European Union which is the main trading partner of the region, was described as very detrimental to the BXJWPS regional integration process. 91. The Memorandum drew attention to the urgent need for the adoption, at the political level, of clear positions for presentation to the European party regarding the main outstanding negotiation items. 92. Council took note of the memorandum. Item 19: Any other Business i. Community Court of Justice 93. TheCourt ofJustice made an appeal to the Council for upward review of their 2011 budget by 50/0 asenjoyed by other Institutions. Council was informed that for th ree consecutive years, the budget of the Court has been rolled-over based on previous year's budget. Furthermore, an additional appeal was made to Council that, in furtherance of the independence of the Court, it should be allowed to conduct the staff skills audit ordered by the AFC instead of the Commission, as recommended by the Administration and Finance Committee. 94. After considering the presentations, Council agreed that the Court may present a request if necessary for supplementary budget to the mid-year Administration and Finance Committee .. Meeting as provided for in the Financial Regulationsand subject to full utilisation of the approved budget. In addition, it directed that the Commission should engage the consulting firm that will carryout the skills audit of the personnel of the Court and develop the terms of reference for such a consultant. 24 SIXTY·FIFTH ORDINARY SESSION Of THEECOWAS COUNCIL OF MINISTERS - FINAL REPORT ,'.;\.::~~\: ii. Progress Report on the Establishment of the West African Institute (WAI) 95. The Republic of Cape Verde reported on the progress made in the process for the establishment of the Institute and expressed appreciation to the ECDJVPS Community for the support extended to Cape Verde towards the establishment of the Institute. 96. The Council of Ministers welcomed the information on the satisfactory progress made in the establishment of the West Africa Institute of Integration, in particular the appointment of its board. Council congratulated the steering committee and Cape Verde for the dedication and commitment demonstrated in managing the Institute's transition period, during which it would transform from a project into an institution. 97. Council Called on the Board to pursue efforts to consolidate the institutional structure of this important institution. iii. Elections in Burkina Faso, Cote d'lvoire and Guinea 98. The delegations from the above Member States expressed appreciation to the ECDWAS Community for the support given to them to ensure smooth conduct of elections in their respective countries. iv. Progress made by the republic of Guinea 99. The minister of foreign affairs of the republic of Guinea who was invited to participate as an observer made a presentation on the status of the process for the restoration of democratic governance in the country. 100. After the presentation, Council noted the progress madewith the return to democratic rule and agreed to recommend to the Authority of Heads of State and Government to readmit Guinea to the Community in recognition of the progress made thus far. v. Transitional Arrangements in ECOWAS Institutions 101. Council considered the time frame between the end of the tenure of the present set of Statutory Appointees and deliberated on the necessity of a transitional arrangement that should 25 SIXTY·FIFTH ORDINARY SESSION OF THEECOWAS COUNCIL OF MINISTERS - FINAL REPORT ~ . . .. should be put in place to ensure smooth functioning of the affected institutions pending tile assumption of duty of the next set of statutory appointees. 102. After exhaustive deliberations, Council agreed to recommend to the Heads of State and Government that the principle of precedence could be followed by appointing senior Directors to act in order to avoid a lacuna. The other option is to extend the tenure of present appointees for a few months in order to give time for appointment of their replacements. Item 20: Adoptio~ of Report 103. This report was adopted after amendments. Item 21: Closing Ceremony , 104. In his closing remarks, the Chairman of Council expressed his deep appreciation to all his colleagues for their trust, support and the· spirit of camaraderie which prevailed throughout the deliberations. He wished all participants safe journey to their various destination and declared the Sixty-Fifth Ordinary Session of the Council of Ministers closed. DONE AT ABUJA THIS 26TH DAY OF NOVEMBER 2010 I ' 't,. {1.1 .'" .\ ~r.~ l .~ .',. l :""-. I ··t . t .I l ./ \I / ....\- ~ .....,JJ.~••• _J ~ ~~~__~~~__~: ; : _ H.E. H. ODEIN AJUMOGOBIA SAN, OFR HONOURABLE MINISTER OF FOREIGN AFFAIRS FEDERAL REPUBLIC OF NIGERIA CHAIRMAN FOR THE COUNCIL OF MINISTERS 27 SIXTY·FIFTHORDINARY SESSION OFTHEECOWAS COUNOl OFMINISTERS - FINALREPORT COMUNIDADE DOS ESTADOS DA AFRICA DO OESTE Ec orT~TES I (-;-i -=' if;. -"'l R;;1~'~ ~ ',j, "'.iifi ! .-;.... - ~ I~{:'" _" ,_,0 _: ~,~ . ~~~~t~ff y. SO I XANTE CINQUr EME SESSIO N ORDIN.~RE DU CCNSEIL DES rviINIS TRES SIXTY FI FTH OROINARY SESSION OF TH E COU NCIL OF MINI STERS ABUJA 25 - 26 NOVEM BER .2010 --_._--._._._-------_.._--- ITy ped - -LIS lE DES REGLEMENTS LIST OF REG ULAnONS by IEOICTES PAR LE CON SEIL DES MINISTRES/ENAC TED BY THE COU NCIL OF MU,jIST ERS Fr EnQ 1. REGLEMENT Cf REG .1/11f10 portent approbation du REGULATION C/REG .1/11/10 approving the work program me de travail de la Commission de la CEDEAO programme of the ECOWAS Commission for the pour I'exercice 2011 2011 financial year 2. REGLEMEIH CfREG .2111/10 portent approbation du REGULATION C/REG.2f11/10 appr ovin g work programm e de travail du Centre de Developpement du progr amme 01 the ECOWAS Gender Developm ent Genre de la CEDEAO pour rexerclce 2011 Centre for the 2011 financial year 3. REGL EMENT C/REG .3/11/10 portant approbation du REGULATION C/REG .3/11/10 approving the work programm e de travail du Parleme nt de la Communaute programme of the Community Parliament for the pour l'exercic e 2011 2011 financial year 4. REGLEMENT C/REGA/11/10 portant approbat ion du REGULATION C/R EG .4J11/10 approving the work programme de travail de la Cour de Justice de la programm e of the Commu nity Court of Justi ce for Cornmunaute pour l'exercice 2011 the 2011 financia l year 5. REGLE MEN T C/R EG. 5f11/10 portant approbation du REGU LA TION CfREG .5/11/10 approving work programme de travail de I'Organ isation Ques t Africaine programme of the West African Health Organisation Ide la Sante (OOAS) pour I'exercice 2011 (WA HO) lor the 201 1 fin ancial year 6. REGLEM EIH C/ REG.6/11110 portent approbation du REGULATION C/REG.6/11/10 approv ing work programm e de travail du Groupe Intergouvernementale programme of the Intergovernmental Action Group d'Action centre le Blanchiment d'A rqent en Afrique de Against Money Laundering in Wesl Africa (G1ABA) l'Ouest (GIABA) pour l'exerclc e 2011 for the 2011 financial year I 7. REGLEMENT C/REG.7/1 1110 portant approbation du REGULATiO N C/REG .7/ 11110 approvi ng the bud get Ibudget de la Commission de la CEDEAO pour l'exercice of the ECOWA S Commissi on for the 20 11 financial201' year ! 8. REGLEMENT CfREG.8/11/10 portent approbation du REGULATION C/REG .8/11/10 approving the budget Ibudget du Parlement de la Comm unaute pour l'exercice of the Commun ity Parli ame nt for the 2011 financial 2011 year , I g. REGLEMENT C/REG.9/1 111 0 portant approbation du REGULATION C/REG.911 1/10 approving the budget I budget de la Co ur de Justice de la Communaute pour of the Community court of Justice for the 2011 Il'exercice 2011 fmanciat year ' 0. REGLEMENT C/REG .10111/10 portan t approbation du REGULATION C/REG .10/111110 approving the I Ibudget de l"Organisation Ouest Afr icain de la Sante budqet of Ihe Wesl African Health Organisation I (OOAS) pou r l'e xercice 201 1 (WAHO) lor the 201 1 flnancia! year 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. - 2 - REGLEMENT C/REG. 11/11/10 PORTANT APPROBATION DU BUDGET DU GROUPE INTERGOUVERNEMENTAL D'ACTION CONTRE LE BLANCHIMENT D'ARGE NT EN AFRIQ UE DE L'OUEST (GIABA) POUR L'EXERCICE 2011 REGLEMENT C/REG .1211 1/10 portant restructuration du Groupe Intergouvernemental d'Action contre le Blanchiment d'Argent en Afrique de I'Ouest (GIABA) REGLE MENT C/REG.13/11/10 Accord ant une Subvention a I'lnstilut de l'Afrique de I'Ouest pour l'inteqration ReQionale REGLEMENT C/REG .14/11/10 relatif a la Revision des Salaires et lndemn ites des Membres du personne l des Institutions de la CEDEAO REGLEMENT C/R EG.15/11/10 portant adoplion de la Revision des lndernnites de logemenls accordes aux membres du personnel des Institutions de la CEDEAO REGLEMENT C/REG.16/11/10 portant creation d'une unite d'analyse des politiques econorniques (EPAU) au sein du Departernent de la politique ma croeconorntque de la Commission de la CEDEAO REGLEMENT C/REG.17/11 /10 portanl revision de l'indern nite de transport du personnel des services generaux des Institutions de la CEDEAO REGLEMENT C/R EG.18 /11/10 portant allocation d'un budget provisoire au programme de la CEDEAO sur les armes legeres (ECOSAP) REGLEMENT C/REG.19/11110 approuvant le Budge t du programme visant a arneliorer la cornp entivite a I'exportation des micros, pelites et movenn es entreprises dans l'espace CEDEAO REGLEMENT C/REG.20/11110 approuvanl le taux pour le calcul de l'lndemnite de responsabtlite a verser aux Contr61eurs~~ professionnels REGLEMENT C/REG.21111 /10 portant harmonisation du cadre structure! et des Reglements cp erationnetles en matiere de securi te sanitaire des vegetaux, des animaux et des aliments dans l'espace CEDEAO REGLEMENT C/REG.2211 1/10 relatif au processus communautaire de gestion du medicament veterin alre, REGLEMENT C/REG.23/11/10 portant creation el rnodalites de fonctionnement d'un cornite velerinaire regional (CVR) au sein de la CEDEAO REGULATION C/R EG.11/11/10 APPROVING THE BUDGET OF THE INTER-GOVER r~MENTAL ACTIO I~ GROUP AGAINST MONEY LAUNDERING IN WEST AFRICA FOR THE 2011 FINANCIAL YEAR REGULA TION C/REG.1211 1110 on restructuring of the Inlergovern menlal Action Group Against Money Laundering in West Africa (GIABA) REGLE MENT C/REG.13/11/10 providing a grant to Ihe West African Institute for regional integrat ion REGULATION C/REG.14/11/10 Relating to the Review of Salaries of Staff Members of ECOWAS Instituli ons REGULATION C/REG.15/11/10 Relating 10 the Adoption of the Revised Rates for Housing Allowance for Staff of ECOWAS Institutions. REGULATION C/REG.16/11/10 relaling too lhe establishment of an Economic Policy analysis Unit (EPAU) within lhe Macroeconomic Policy Department of ECOVVAS Commission REGULATION C/REG .17/11/10 relati ng to the Review of Transport Allowanc e for Ihe General Staff of ECOWAS Instilulions REGULATION C/REG.18/11/10 on provisional Budget allocation for the ECOWAS Small Arms control Programme (ECOSAP) REGULATION C/REG.19/11/10 on Ihe Budget of the Programme for the improvement of the export competitiveness of the Ivlicro, small and medium Enterprises within ECOWAS REGULATION C/REG.20/11110 approving the rate for the calculation of Ihe respon sibilily allowance payable 10 ~~~ Controllers REGULATION C/REG.21111/10 on the harmonization of the structural framework and operational rules pertaining to the Heallh safety for Plants animals and foods in Ihe ECOWAS as Region REGULATION C/REG.22111110 Establi shing Community procedures for management of Veterinary Drugs or Biologics REGULATION C/REG.23/11110 on the establishment and modalities of operation of a regional veterinary committee within ECOWAS. •\ - 3 - 2.;. REGL EMENT C/REG.24/11 /10 PORTANT REGULATION CfREG.24fl11 10 ON THE ADOPTIO I~ DU rvlANUEL DE PROCEDURES DES OPERATIONAL MANUAL OF THE ECOWAS NATIONAL CELLULES r~ATIONALES CEDEAO UNITS 25. REGLEMENT CfREG.25f11f10 relalif a la revision a REGULATION CfREG.25f l l f 2010 on the Upward la hausse des honorair es du Commissaire aux review of fees for the External Auditors for the Comptes au titre des Exercices cornptables 2009f2010Accounting year of ECOWAS Institutions 2009f201 0 des Inslilutions de la CEDEAO 26. REGLE MENT CfREG.27/11f10 Portanl Adoption de REGULATION CfREG .26f11f 2010 adopting new Nouvell es Mesures pour l'amelioration de La Gestion measures for improving the admini strative and Administrative et Financiere Des Institutions de la financial management of Community Institutions Comrnunaute 27. REGLEM ENT C/REG.27f11f10 PORTANT REGULATION CfREG.27/11f 2010 adoptin g the 2009 ADOPTION DES ETATS FINANCIERS AUDITES audited financia l statement of the ECOWAS DE LA COMMISSION DE LA CEDEAO POUR Commission L'EXERCICE 2009 28. REGLEMEN T C/REG.28/11/10 Portant adoption REGULATION CfREG.28f11/ 2010 adopting the 2009 des Etats Financiers Audites du Parlement de la Audited Financial Statement of the Community Cornrnunaute pour I'exercice 2009 Parliament 29. REGLE £IIIErn CfREG.29f11f10 portant adoption des REGULATIO N CfREG.29f11/ 2010 adopting the Etats Financiers Audites de I'Organisation Ouest 2009 Audit ed Financial Statement of the Wes t African Africaine de la Sante pour I'Exercice 2009 Heallh Organisation (VVAHO) 30. REGLEMENT CfREG .30f11f10 portant adoption des REGULATION CfREG.30f11f 2010 adopting the Etats Financiers audites de la Cour de Justice de la 2009 Audite d Financial Statement of the Community Comrnunaute pour I'exercice 2009 Court of Justice 31. REGLEMENT CfREG.31f11f10 portant utilisation REGULATION CfREG.31/11f :!010 on utilization cf des excecents du prelevernent communautaire pour surplus funds from the Community levy for cofinancing cofina ncer avec I'UEMOA le programme of emergency power supply programme for Guinea d'approvisionnement d'urgence en enerqie electrique Bissau de la ville de Guinee Bissau 32. REGLEME NT C/REG.32/11/ l 0 enterinant a titre REGULATION CfREG.32/11f 2010 retroactively exceptionnel et validant retroacuvement des actes validating on exceptional ground s some administrative administral ifs du President de la Commission actions of the President of the Commission ECONOMIC COMMUNITY OF WEST AFRICAN STATES COMMUNAUTE ECONOMIQUE DES ITATS DEl'AFRIQUE DEL'OUEST .. ". .. Sixty fifth Ordinary Session of the Council of Ministers Abuja, 25 to 26 November 2010 R.EGULATiON C/REG 1/11/10 APPROVING THE WORK PROGRArJiME OF THE ECOWAS COMMISS20N FOR THE 2011 FINANCIAL YEAR THE COUNCIL OF MINISTERS, MINDFUL 0 f Articles 10, 11 and 12 of the ECOWAS Treaty as amended, establishing the Council of Ministers and defining its compcsltlon and functions; HAVING CONSIDERED the Work Programme of the ECOWAS Commission, its Agencies, Centres and Offices for the 2011 Financial Year recommended by the Eighth meeting of the Administration and Finance Committee held in Abuja, from 26 to 31 October 2010; . ENACTS ARTICLE 1 The Work Programme attached hereto, is hereby approved and shall be executed by the ECOWAS Commission during the 2011 Financial Year. ARTICLE 2 ThIS Regulation shall be published by the ECOWAS Commission in the Official Journal of the Community within thirty (30) days upon signature by the Chairman of the Council of Ministers. It shall also be published by each Member State in its National Gazette thirty (30) days after notification by the Commission. DONE AT ABUJA, THIS 25TH DAY OF NOVEMBER 2010 ·1 " ;,'1. ~.i.=" ! . I .' ~ • \ ' , l ...:''''', ..... : ;-;;..':: :' ~.~ \ '~ - H.E. H. Odein AJUMOGOBIA, SAN CHAIRfviAN FOR COUNCIL ECONot-1iC CO~~fvlUNITY or: WEST AFRiCAN STATES COH"'iUNAUTE ECONOHIQUE DES ETATS DE L'AFRiQUE DE L'OUEST SExt y 1~fth OrcHna ry Se ssio n o f t he COtH1C£~ 0 - Mh1 ~sters Abuja, 25 to 26 November 20 10 R EGULAT tON CiREG 2 /1 1/i O AP P ROVi NG i HE WORK PROGRA MM E OF THE ECOWAS GENDER DEVELOPIVlEI.\~T CENT RE FOR THE 201i r=~NANC'AL Y EAR THE COUNCI L OF MINISTERS, MIND FU L 0 f Articles 10, 11 and 12 of the ECOWAS Tr eaty as amended, establishing the Council of Min isters and definin g its composition and functions; HA.ViNG CQ !-lSfD ERED the Wor-k Programme of the ECOWAS Gender Develo pment Centre for the 20 11 Financial Year recommended by the Eight h meeting of t he Admin istra tion and Finance Com m itt ee held in Ab uja , from 26 to 3 1 October 2010; A RT I C L E i The Work Pr-ogramme attached hereto, is hereb y approved and shall be executed by t he ECOWAS Gender Development Centre during th e 201 1 Financial Year. A.RT IC L E 2 This Regula tion shall be published by the ECOWAS Commission in the Official Journ al of the Communi ty within thirty (30) days upon signatu re by the Chairman of the Council of Ministers. It shall also be published by each Member State in its National Gazette thirty (30) days after notification by the Commission. DON E AT A B UJA, THIS 25T H DAY OF N OV E['-1 BER 2010 i '..' ,"I!. '.. . l ' I I ' ] . .,-t- r ,.,,' L· ,/ "i:- .. _ \....'~- .... •. ... . . . . . .t. ..: : • . •• . . . . . .. . . . .. • .0 ••••• • ••• • •••• • • •••• H.E . H. Odein AJUrYi OGOBI.o" SA f\l CHAIRIVl AN FOR COUNCI L ECONOMIC COMMUNITY OF WEST AFRICAN STATES COMMUNAUTE ECONOMIQUE DES ETATS DEL'AFRIQUE DEL'OUEST • • . . Sixty fifth Ordinary Session of the Council of Ministers Abuja, 25 to 26 November 2010 REGULATION C/REG 3/11/10 APPROVING THE WORK PROGRAMME OF THE ECOWAS PARLBAMENT FOR THE 2011 FINANCIAL YEAR THE COUNCIL OF MINISTERS, MINDFUL of Articles 10, 11 and 12 of the ECOWAS Treaty as amended, establishing the Council of Ministers and defining its composition and functions; HAVING CONSIDERED the Work Programme of the ECOWAS Parliament for the 2011 Financial Year recommended by the Eighth meeting of the Administration and Finance Committee held in Abuja, from 26 to 31 October 2010; ENACTS ARTICLE 1 The Work Programme attached hereto, is hereby approved and shall be executed by the ECOWAS Parliament during the 2011 Financial Year. ARTICLE 2 This Regulation shall be published by the ECOWAS Commission in the Official Journal of the Community within thirty (30) days upon signature by the Chairman of the Council of Ministers. It shall also be published by each Member State in its National Gazette thirty (30) days after notification by the Commission. DONE AT ABUJA, THIS 26TH DAY OF NOVEMBER 2010 t'.. i j;'l /\ /L_-. .{..' ;' \ / ~" i . ,c, i '.-wJ_ ······.········l·.. ·· ··L...·l ! .. H.E. H. Odein AJUMOGOBIA, SAN CHAIRMAN FOR COUNCIL ECONot"iIC COMMUNITY OF WEST AFRICAN STATES COMMUNAUTE ECONOMIQUE DES ETATS DEL'AFRIQUE DEL'OUEST • • . . Sixty fifth Ordinary Session of the Council of Ministers Abuja, 25 to 26 November 2010 REGULATION C/REG 4/11/10 APPROVING THE WORK PROGRAMME OF THE COMMUNITY COURT OF JUSTICE FOR THE 2011 F1NANCIAL YEAR THE COUNCIL OF MINISTERS, MINDfUL of Articles 10, 11 and 12 of the ECOWAS Treaty as amended, establishing the Council of Ministers and defining its composition and functions; HAVING CONSIDERED the Work Programme of the Community Court of Justice for the 2011 Financial Year recommended by the Eighth meeting of the Administration and Finance Committee held in Abuja, from 26 to 31 October 2010; ENACTS ARTICLE 1 The Work Programme attached hereto, is hereby approved and shall be executed by the Community Court of Justice during the 2011 Financial Year. ARTCCLE 2 This Regulation shall be published by the ECOWAS Commission in the Official Journal of the Community within thirty (30) days upon signature by the Chairman of the Council of Ministers. It shall also be published by each Member State in its National Gazette thirty (30) days after notification by the Commission. DONE AT ABUJA, THIS 26TH DAY OF NOVEMBER 2010 d.. /1 /" l\..-~·, ~ "1 i /' ~_.,_., C,.- ~/.. '" l ._........_., .....~ 'H:E;'H':Od~i~'AJUMOGOBi:A;'SA~~' CHAIRMAN FOR COUNCIL ECONOMIC COMMUNITY OF WEST AFRICAN STATES COMlvJUNAUTE ECONOMIQUE DES ETATS DEl'AFRIQUE DEl'OUEST • • . . .. • Sixty fifth Ordinary Session of the Council of Ministers Abuja, 25 to 26 November 2010 REGULATiON C/REG 5/11110 APPROVING THE WORK PROGRAMME OF THE WEST AFRICAN HEALTH ORGANiSATION fOR THE 2011 FINANClAL YEAR THE COUNCIL OF MINISTERS, MINDFUL of Articles 10 , 11 and 12 of the ECOWAS Treaty as amended, establishing the Council of Ministers and defining its composition and functions; HAVING CONSIDERED the Work Programme of the West African Health Organisation for the 2011 Financial Year recommended by the Eighth meeting of the Administration and Finance Committee held in Abuja, from 26 to 31 October 2010; ENACTS ARTICLE 1 The Work Programme attached hereto, is hereby approved and shall be executed by the West African Health Organisation during the 2011 Financial Year. ARTiCLE 2 This Regulation shall be published by the ECOWAS Commission in the Official Journal of the Community within thirty (30) days upon signature by the Chairman of the Council of Ministers. It shall also be published by each Member State in its National Gazette thirty (30) days after notification by the Commission. DONE AT ABUJA, THIS 26TH DAY OF NOVEMBER 2010 ... ,£1 ;,~ /; ~ .,\ ~.~ ;. - .r_ I'" L< I < l < "'( \..,.,. ",~- •••••: {•••••• -t;..f.. (•• 'h~"••• !.(~ •••• :.•••• ~'-. ••••• "••••••• H.E: H. odetn AJUMOGOBIA, SAN CHAIRMAN FOR COUNCIL ECONOMIC COMMUNITY OF WEST AFRICAN STATES COMMUNAUTE ECONOMIQUE DES ETATS DEL'AFRIQUE DEL'OUEST "a .. • Sixty fifth Ordinary Session of the Council of Ministers Abuja, 25 to 26 November 2010 REGULATION C/REG 6/11/10 APp·ROVING THE WORK PROGRAMME OF THE INTERGOVERNMENTAL ACTiON GROUP AGAINST MONEY LAUNDERING IN WEST AFRiCA (GIABA) FOR THE 2011 FiNANCIAL YEAR THE COUNCIL. OF MINISTERS, Mil'!DFUL 0 f Articles 10, 11 and 12 of the ECOWAS Treaty as amended, establishing the Council of Ministers and defining its composition and functions; HAVING CONSIDERED the Work Programme of the Intergovernmental Action Group against Money Laundering in West Africa (GIABA) for the 2011 Financial Year recommended by the Eighth meeting of the Administration and Finance Committee held in Abuja, from 26 to 31 October 2010; ENACTS ARTICLe 1 The Work Programme attached hereto, is hereby approved and shall be executed by the Intergovernmental Action Group against l"ioney Laundering in West Africa (GIABA) during the 2011 Financial Year. ARTICLE 2 This Regulation shall be published by the ECOWAS Commission in the Official Journal of the Community within thirty (30) days upon signature by the Chairman of the Council of Ministers. It shall also be published by each Member State in its National Gazette thirty (30) days after notification by the Commission. DONE AT ABUJA, THIS 26TH DAY OF NOVEMBER 2010 . ~k I 'i /i r. ,I \ . --,.~. {. \. ./ I " \. .: .~..-\ \...,"-'-- •••• I ~ ••••••• ':.~ •••~: & I • ~...... , ;:, •••••\ ••••"; • I •••••••••••• H.E', H. Odein AJUMOGOBIA, SAN CHAIRMAN FOR COUNCIL ECONOMIC COMr~UNITY OF WEST AFRICAN STATES COMMUNAUTE ECONOMIQUE DES ETATS DE L'AFRIQUE DE L'OUEST \' .. 10 • Sixty fifth Ordinary Session of the Council of Ministers Abuja, 25 to 26 November 2010 REGULA.TION C/REG 7/11/10 APPRO'V"RNG THE BUDGET OF THE ECOWAS COMMISSION, ;TS AGENCIES, CENTRES AND OFFDCES FOR THE 2011 FINANCIAL YEAR THE COUNCIL OF MINISTERS, MINDFUL of Articles 101 11 and 12 of the ECOWAS Treaty as amended I establishing the Council of Ministers and defining its composition and functions; MINDFUL of the provision of Article 17 of the said Treaty on the Establishment and the composition of the ECOWAS Commission; MINDFUL of the provision of Article 72 of the Treaty relating to the Community levy; MINDFUL of the provisions of Article 69 of the Treaty which relate to the budqet of the Community Institutions; MINDFUL of the Regulation CiREG.5/05/09 of May 27 1 2009 adopting the Financial Regulations of the Institutions of the Economic Community of West African States (ECOWAS); HAVING CONSIDERED the budget of the ECOVVAS Commission proposed by the Eighth meeting of the Administration and Finance Committee held in Abuja, from 26 to 31 October 2010; , .. I # - 2- ENACTS ARTICLE 1 The budget of the ECOWAS Commission, Agencies, Centres and Offices for the 2011 financial year, balanced in income and expenditure at the sum of one hundred and thirty-two million, nine hundred and eighty-eight thousand, nine hundred and seventy-three Units of Account (132,988,973.UA) is hereby approved. ARTICLE 2 1. An amount of one hundred and five million, nine hundred and forty-eight thousand, four hundred and fourteen Units of Account (105,948,414 UA) shall be derived from resources obtained from the Community Levy. 2. An amount in the sum of twenty-two million, five thousand, five hundred and fifty-nine Units of Account (22,005,559 UA) shall be derived from external sources. 3. Additional amounts in the sum of five million Units of Account (5,000,000 UA) shall be derived from arrears of contributions. 4. An amount of thirty-five thousand Units of Account (35,000 UA) shall be derived from other sources. ARTICLE 3 This Regulation shall be published by ECOWAS Commission in the Official Gazette of the Community within thirty (30) days upon signature by the Chairman of the Council of Ministers. It shall also be published by each Member State in its National Gazette thirty days after its notification by the Commission. DONE AT ABUJA, THIS 26TH DAY OF NOVEMBER 2010 ~ . '\./ ./ :". /" -~ .~ .c - f / \ ,I t :' 'i./' I... c.~••••••••~ ••••••~:: •••}~: ••••--:•••:~••••••-..1••••••••••••• H.E. H. Odein AJUMOGOBIA., SAN CHAIRMAN FOR COUNCIL ECONOMIC COMMUNITY OF W EST AFRICAN STATES COMMUNAUTE ECONOMIQU::: DES ETATS DE L'AFRIQU::: DE L'OUEST • Si:djf fifth Ord ina ry Sess!on of t he Council of Mil1isters Abuja, 25 t o 26 r~ ovember 20 10 R EGU LA T ION C/REG 8 /11 /10 A F' ?RQV!NG T H E BUDG ET OF THE ECCWA S ?ARLIAMEI 'T FOR T HE 20 11 F !NANC~A!. YEAR THE COUNCIL or: fv'i lNISTERS, MINDFUL of Articles 10, 11 and 12 of the ECOWAS Treaty as amended, establishing the Council of Ministers and defining its composition and functions; MINDFUL of Article 13 of the said Treaty establishing the ECOWAS Parliament; MINDFUL cf the provisions of Article 72 of the said Treaty relating to the Community Levy; MINDFUL of Protocol A1P.2/8/94 and its amendments, defining the composition, functions, powers and organisation of the ECOWAS Parliament; l\~ IN DF U L of the Protocol A/P1 /7/96 relating to the conditions for the application of the Community Levy; MINDFUL of the provisions of Article 69 of the ECOWAS Treaty which relate to the budget of the Community Institutions; MINDFUL of the Regulation C/REG.5/05/09 of May 27, 2009 adopting the Financial Regulations of the Institutions of the Economic Community of West African States (ECOVVAS); HAVING COI~SIDERED the budget of the ECOWAS Parliament recommended by the Eighth m eeting of th e Adm inistra t ion and Finance Comm ittee held in Abuja . from 26 to 31 October 2010; - . .. - 2- ENACTS ARTICLE 1 The budget of the ECOWAS Parliament for the 2011 financial year, balanced in income and expenditure at the sum of eleven million, seven hundred and forty­ three thousand, three hundred and ninety-six Units of Account (11,743,396 UA) is hereby approved. ARTICLE 2 1. An amount of eleven million, two hundred and thirty-four thousand, three hundred and ninety-six Units of Accounts (11,234,396 UA) shall be derived from resources obtained from the Community Levy. 2. Additional amounts in the sum of two hundred and fifty thousand Units of Account (250,000 UA) shall be derived from excess funds. 3. An amount in the sum of two hundred thousand Units of Account (200,000 UA) will be derived from arrears of contributions. 4. Another amount in the sum of fifty thousand Units of Account (50,000 UA) shall be derived from other sources. ARITICLE 3 This Regulation shall be published by the ECOWAS Commission in the Official Journal of the Community within thirty (30) days upon signature by the Chairman of the Council of Ministers. It shall also be published by each Member State in its National Gazette thirty (30) days after notification by the Commission. DONE AT ABUJA, THIS 26TH DAY OIF NOVEMBER 2010 1 (.... /1 (\ r; i'. - - ~ / ~ / \ / \ ./ ;,\ L,,~{,I ~,/ ' ,. w' •••••• r t..', ,. . H.E. H. Odein AJUMOGOBIA, SAN CHAIRMAN FOR COUNCIL ECONOMIC COMMUNITY OF WEST AFRICAN STATES COMMUNAUTE ECOI~OMIQUE DES ETATS DE L'AFRIQUE DE L'OUESi , . • Sixty fifth Ordinary Session of the Council of ~1inisters Abuja, 25 to 26 November 2010 REGULATION C/RE 9/11/10 APPROV!NG THE BUDGET OF THE COMMUNITY COURT OIF JUSTICE FOR THE 2011 FiNANCIAL YEAR THE COUNCIL OF 1\.1INISTERS, MINDFUL of Articles 10, 11 and 12 of the ECOWAS Treaty as amended, establishing the Council of Ministers and defining its composition and functions; MINDFUL of Article 15 of the said ECOWAS Treaty establishing the Community Court of Justice; MINDFUL of the provisions of Article 72 of the said Treaty relating to the Community Levy; MINDFUL of Protocol AJP.1/7/91 defining the composition, functions, powers and organisation of the Community Court of Justice; MINDFUL of the provisions of Article 69 of the ECOVVAS Treaty which relate to the budget of the Community Institutions; MINDFUL of Protocol NP1/7/96 relating to the conditions for the application of the Community Levy; MINDFUL of the Regulation C/REG.5/05/09 of May 27, 2009 adopting the Financial Regulations of the Institutions of the Economic Community of West African States (ECOWAS); HAVING CONSIDERED the budget of the Community Court of Justice recommended by the Eighth meeting of the Administration and Finance Committee held in Abuja, from 26 to 31 October 2010; . . • i - 2- ENACTS ARTICLE 1 The budget of the Community Court of Justice for the 2011 financial year, balanced in income and expenditure at the sum of eleven million, three hundred and twenty-seven thousand and eighty-three Units of Account (11,327,083 UA) is hereby approved. ARTICLE 2 1. An amount of eleven million, three hundred and twelve thousand, four hundred and thirty-three units of Accounts (11,312,433 UA) shall be derived from resources obtained from the Community Levy. 2. Additional amount of fourteen thousand, six hundred and fifty units of account (14,650 UA) shall be derived from other sources. ARITICLE 3 This Regulation shall be published by the ECOWAS Commission in the Official Journal of the Community within thirty (30) days upon signature by the Chairman of the Council of Ministers. It shall also be published by each Member State in its National Gazette thirty (30) days after notification by the Commission. DONE AT ABUJA, THIS 26TH DAY OF NOVEMBER 2010 :). ['.1.' .. /1") .~ " .i ;~ / l j j.._\ (' . .... .: L·~ ..~:'..k::. J::'..~.~ ..~";..~i'~'.'.'" H.E. H. Odein AJUMOGOBIA, SAN CHAIRfVlAN FOR COUNCIL ECONOMIC COMMUNITY OF WEST AFRICAN STATES COMMUNAUTE ECONOMIQUE DES ETATS DE L'AFRIQUE DE L'OUEST . ~ • Sixty fifth Ordinary Session of the Council of fJlinisters Abuja, 25 to 26 November 2010 REGULATION C/REG 10/11/10 APPROVING THE BUDGET OF THE "'\lEST AFRICAN HEALTH ORGANISATION FOR THE 2011 FINANCIAL YEAR THE COUNCIL OF l\11NISTERS, MINDFUL of Articles 10, 11 and 12 of the ECOWAS Treaty as amended, establishing the Council of Ministers and defining its composition and functions; MINDFUL of Protocoi NP.2/7/87 relating to the creation of the West African Health Organisation (VVAHO); MINDFUL of the provisions of Article 72 of the said Treaty relatlng to the Community Levy; MINDFUL of the provisions of Article 69 of the said Treaty which relate to the budgets of the Community Institutions; MINDFUL of the Protocol A1P1/7/96 relating to the conditions for the application of the Community Levy; MINDFUL of the Regulation C/REG.5/05/09 of May 27, 2009 adopting the Financial Regulations of the Institutions of the Economic Community of West African States (ECOWAS); HAVING CONSIDERED the budget of the West African Health Organisation recommended by the Eighth meeting of the Administration and Finance Committee held in Abuja, from 26 to 31 October 2010; - 2- ENACTS ARTICLE 1 The budget of the West African Health Organisation for the 2011 financial year, balanced in income and expenditure at the sum of fifteen million, eight hundred and ten thousand, two hundred and twenty-four Units of Accounts (15,810,224 UA) is hereby approved. ARTICLE 2 1. An amount of fourteen million, five hundred and eighty-six thousand, eight hundred and twenty-one Units of Account (14,586,821 UA) shall be derived from resources obtained from the Community Levy. 2. Additional amount of ... one million, two hundred and nine thousand and twenty-nine Units of Account (1,209,029 UA) shall be derived from external sources. 3. Additional amounts in the sum of fourteen thousand, three hundred and seventy-four Units of Account (14,374 UA) shall be derived from other sources. ARITICLE 3 This Regulation shall be published by the ECOWAS Commission in the Official Journal of the Community within thirty (30) days upon signature by the Chairman of the Council of Ministers. It shall also be published by each Member State in its National Gazette thirty (30) days after notification by the Commission. DONE AT ABUJA, THIS 26TH DAY OF NOVEMBER 2010 /: f ':1 1\ _-. q {' I~ 'r I I '_y ~ "I t ! '. I ~""""''''". ; 'I 'f / t'/ \.../ \ ~.--= •••••••••••••••~••\h ••••••••••••••••••••••••••••••••• , HIE. H. Odein AJUMOGOBIA, SAN CHAIRMAN FOR COUNCIL ECONOMIC COMMUNITY OF WEST AFRICAN STATES COMMUNAUTE ECONOMIQUE DES ETATS DE L'AFRIQUE DE L'OUEST .. Sixty fifth Ordinary Session of the Council ef n.ffinisters Abuja, 25 to 26 November 2010 REGULATION C/REG 11/11/10 APPROViNG THE BUDGET OF THE INTERGOVERNMENTAL ACTIOr~ GR.OUP AGJ.UNST MONEY LAUNDERiNG IN WEST AFRICA (G6ABA) FOR THE 2011 FINANCIA.L YEAR ·THE COUt...lCIL OF ntUNiSTERS, MINDFUL of Articles 10, 11 and 12 of the ECOWAS Treaty as amended, establishing the Council of Ministers and defining its composition and functions; MINDFUL of the provisions of Article 69 of the said Treaty which relate to the budget of the Community Institutions; MiNDFUL of the provisions of Article 72 of the Treaty relating to the Community Levy; MINDFUL of Protocol A1P1/7/96 relating to the conditions for the application of the Community Levy; MINDFUL of Decision AlDEC.9/12/99 establishing GIABA. and the Revised Statutes of the Intergovernmental Action Group Against Money Laundering in West Africa. MINDFUL of the Regulation C/REG.5/05/09 of May 27, 2009 adopting the Financial Regulations of the Institutions of the Economic Community of West African States (ECOWAS); HAVING CONSIDERED the budget of the Intergovernmental Action Group Against Money Laundering in West Africa recommended by the Eighth meeting of the Administration and Finance Committee held in Abuja from 26 to 310ctober 2010; .. - 2 - ENACTS ARTICLE 1 The budqet of the Intergovernmental Action Group Against Money Laundering in West Africa for the 2011 financial year, balanced in income and expenditure at the sum of seven million, nine hundred and forty-three thousand, seven hundred and nine Units of Accounts (7,943,709 UA) is hereby approved . ARTICLE 2 1. An amount of seven million, nine hundred and forty-three thousand, seven hundred and nine Units of Accounts (7,943,709UA) shall be derived from resources obtained from the Community Levy. 2. Additional amounts in the sum of one hundred and fifty thousand Units of Accounts (150,000 UA) shall be derived from external sources. ARITICLE 3 This Regulation shall be published by the ECOWAS Commission in the Official Journal of the Community within thirty (30) days upon signature by the Chairman of the Council of Ministers. It shall also be published by each Member State in its National Gazette thirty (30) days after notification by the Commission. DONE AT ABUJA, THIS 26TH DAY OF NOVEMBER 2010 I 4 '\ r,t r f i't / ~ I ~ !; ,..- f l ' '. / 'i ..: -h '_.u .._ 'r i / .,..... ',,/ ..... \ t •••••~•••••• ;'<•••••••••••••••••••••••••••••••••••••••• • • • H.E. H. Odein AJUMOGOBIA, SAN CHAIRMAN FOR COUNCIL COMMUNAUTE ECONOMIOUE DES ETATS DE L'AFRIQUE~DE L'OUEST ECONOMIC COMMUNITY OF WEST AFRICAN STATES , • ... Sixty...fifth Ordinary Session of the Council of l\'1inisters Abuja, 25 to 26 November 2010 REGULATION C/REG 12/11/10 ON RESTRUCTURING OF THE INTERGOVERNMENTAL. ACTION GROUP AGAINST MONEY LAUNDERING It.a WEST AFRICA (GfABA) THE COUNCIL OF MlNISTERS, MINDFUL of Article 1D. 11 and 12 of the Revised ECOWAS Treaty creating the Council of Ministers and defining its functions and composition; MINDFUL of Protocol A1P1 /7/96 relating to the conditions for applying the Community Levy; MINDFUL of Decision NDEC.9/12/99 on the creation of the Intergovernmental Action Group against Money Laundering together with its revised statutes; MINDFUL of Regulation C/REG.19/11/08 of 29 November 2008 approving the revised organogram of the Intergovernmental Action Group against Money Laundering (GIABA); MINDFUL of Regulation C/REG 16/06/10 relating to the establishment of two (2) information centres for the Intergovernmental Action Group Against Money Laundering in West Africa (GIABA); RECALLING the recommendation of the GIABA Ministerial Committee Meeting to the Council of Ministers to reinforce the capacity of GIABA because of its dual mandate as a Financial Action Task Force Style Regional Body (FSRB) and a programme based Institution, which has increased its activities subsequently depreciating its operational capacity; CONSIDERING the need to strengthen its financial and human resources, in order to fill the gap of low capacitated countries in the sub region in the fight against money laundering and terrorism; DESIROUS of restructuring GIABA by creating three (3) Directorates and recruiting personnel in line with the ECOWAS Scheme of Service; ON THE RECOMMENDATION of the eighth meeting of the Administration and Finance Committee held in Abuja from 26 - 31 October 2010; - 2 - ENACTS ARTICLE 1 By this Regulation, the following new directorates and positions shall be created in GIABA: - Programme and Project Directorate - Research, Monitoring and Evaluation Directorate - Administration and Finance Directorate - IT Assistant - Interpreter - Office Assistant. ARTICLE 2 1. The Information Centre based in Lagos, Nigeria shall comprise one (1) P4 officer, supported by 2 assistants and one (1) driver; 2. The centre in Abidjan, Cote d'lvoire shall comprise one (1) P4 officer supported by one (1) assistant and one (1) driver. ARTICLE 3 This Regulation shall be published by the Commission in the Official Journal of the Community within thirty (30) days after its signature by the Chairman of the Council of Ministers. It shall also be published by each Member State in its Official Gazette thirty (30) days after notification of the Regulation by the Commission. DONE AT ABUJA, THIS 26TH DAY OF NOVEMBER 2010 1 ( 1 ~. .I, , I -'L-. f ... " ,- , ""'"""r------ " ......:( ;..~:: ..~:".~~/ :: ~ ..:':::-:~ . H.E. H. Odein AJUMOGOBIA, SAN CHAIRMAN FOR COUNCIL COMMUNAUTE ECONOMIQUE DES ETATS DE L'AFRIQUE DE L'OUEST - ECONOMIC COt>\I>1UNITY OF WEST AFRICAN STATES .. • . ;, • I Sixty fifth Ordinary Session of the Council of ~lftinisters Abuja, 25 to 26 November 2010 REGULATION C/REG 13/11/10 PROVIDING A GRANT TO THE WEST AFRICAN lNSTKTUTE FOR REGIONAL iNTEGRATION THE COUNCIL OF MINISTERS, MINDFUL of Articles 10, 11 and 12 of the ECOWAS Treaty as amended establishing the Council of Ministers and defining its composition and functions; MINDFUL on Article 3 of the said Treaty defining the areas to which the Community shall direct its actions in order to achieve its aims and objectives; MINDFUL of Article 27 of the Treaty relating to Science and Technology stipulating that Member States shall harmonise, at the Community level, their national policies on scientific and technological research; MINDFUL of Regulation C/REG2/05/09 relating to the preparation for the establishment of the West African Institute for Regional Integration; CONSIDERING that the establishment of the West African Institute for Regional Integration was approved in principle on 18 January 2008 by the Thirty-third Session of the Authority of Heads of State and Government; CONSCIOUS of the need to provide the Institute with a grant to enable it undertake the necessary pre-operational measures; DESIROUS therefore of assisting the West African Institute for Regional Integration commence its work program in 2011; ON THE RECOMMENDATION of the Sixty-second session of the Council of Ministers; . , - 2- ENACTS Article 1 a) The West African Institute for Regional Integration is hereby provided a grant of three hundred thousand U.S. Dollars (US$300 ,000) to implement its work programme in 2011. b) The Institute shall present financial statement of expenditure in relation to the initial grant of U$200,000 extended to it. Article 2 This Regulation shall be published by the ECOWAS Commission in the Official Journal of the Community within thirty (30) after its signature by the Chairman of the Council of Ministers. It shall also be published by each Member State in its Official Gazette within the same timeframe after its notification by the Commission of this Regulation. DONE AT ABUJA, THIS 26TH OF NOVEMBER 2010 I· :"\ . ~ ( ..; I' il / I '. ··f ! ! / t ... • / .. ..f--. !- -f I· 'j I / 'V s ( '-..- , t' V ,,' '. D • • • •• • •• "v{ •••••• a •• DD. Cl •• a a ••• D 0 HaEa Ha Odein AJUMOGOBIA., SAN CHAIRMAN FOR COUNCIL ECONOMIC COMMUNITY OF WEST AFRICAN STATES COMMUNAUTE ECONOMIQUE DES ETATS DE L'AFRIQUE DE L'OUEST "f • Sixty-fifth Ordinary Session of the Council of Ministers Abuja, 25 to 26 November 2010 REGULATION C/REG 14/11/10 RELATING TO THE REVIEW OF SALARIES OF STAFF MEMBERS OF ECOWAS INSTITUTIONS THE COUNCIL OF MINISTERS, MINDFUL of Articles 10, 11 and 12 of the ECOWAS Treaty as amended, establishing the Council of Ministers and defining its composition and functions; MINDFUL of Regulation C/REG 17/01/05 adopting the New ECOWAS Principles for Staff Employment and ECOWA.S Staff Regulation; MINDFUL of the provisions of Article 29 (e) of the ECOWAS Staff Regulation which prescribes that comprehensive review of salary scales shall take place at least every five (5) years to ensure fairness and competitiveness; CONSIDERING that by Regulation C/REG 12/01/05 the last salary review was conducted in 2005 and there is need to review same to ensure compliance with the Regulation; DESIROUS therefore of reviewing the salaries of Staff members of ECOWAS Institutions; ON THE RECOMMENDATION of the Eighth Meeting of the Administration and Finance Committee held in Abuja from 26 to 31 October 2010; ENACTS ARTICLE 1 The salaries of the 8taff of the ECOWAS Institutions are hereby increased for the following categories of staff at the following rates: • Directors and P6 officers Cl Professionals G General and Auxiliary Service Staff +15% of basic salary +10% of basic salary +10% of basic salary . , • - 2- ARTICLE 2 These increases shall take effect from the 2011 budgetary year. ARTICLE 3 This Regulation shall be published by the ECOWAS Commission in the Official Journal of the Community within thirty (30) days upon signature by the Chairman of the Council of Ministers. It shall also be published by each Member State in its National Gazette thirty (30) days after notification by the Commission. DONE AT ABUJA, THIS 26TH DAY OF NOVEMBER 2010 f· A +- {I.' /} .....l l:L/Lv:r.-.\ ~ .. HaEa Ha Odein AJUMOGOBIA, SAN CHAIRMAN FOR COUNCIL ECONOMIC COMMUNITY OF WEST AFRICAN STATES COMMUNAUTE ECONOMIQUE DES ETATS DE l'AFRIQUE DEL'OUEST . . Sixty fifth Ordinary Session of the Council of Ministers Abuja, 25 to 26 November 2010 REGULATION CfREG 15/11/10 RELATING TO THE ADOPTION OF REVISED RATES FOR HOUSING ALLOWANCE FOR STAFF OF ECOWAS INSTITUTIONS THE COUNCIL OF MINISTERS, MINDFUL of Articles 10, 11 and 12 of the ECOWAS Treaty as amended, establishing the Council of Ministers and defining its composition and functions; MINDFUL of Regulation C/REG 17/01/05 adopting the New ECOWAS Principles for 8taff Employment and revised ECOWAS 8taff Regulation; MINDFUL of the provisions of Article 32 of the ECOWAS Staff Regulation which states that ECOWA8 shall pay 8taff members a compensatory housing allowance; RECALLING that the last review of the housing allowance was in 2006 through Regulation C/REG.13/01/06; ANXIOUS of ensuring that 8taff members are provided with an acceptable level of comfortable housing; ON THE RECOMMENDATION of the Eighth Meeting of the Administration and Finance Committee held in Abuja from 26 to 31 October 2010; ENACTS ARTICLE 1 1. The housing allowances of the Staff of the ECOWAS Institutions using Abuja as the base are hereby increased for the following categories of staff at the following rates: Directors +30% increase of the current housing allowance The corresponding rate for housing allowance for other ECOWAS locations are reflected in the table below: . ~ 2. Professionals General and Auxiliary Service Staff - 2- +30% increase of the current housing allowance +50% increase of the current housing allowance CATEGORY LOCATIONS APPLICABLE HOUSINGALLOWANCE PAYABLE Category A Accra (Ghana) 90% of Abuja rate Category B Dakar (Senegal) 750/0 of Abuja rate Abidjan (Cote d'lvoire) Bamako (Mali) Cotonou (Benin) Category C Conakry (Guinea) 60% of Abuja rate Freetown (Sierra Leone) Monrovia (Liberia) Bissau (guinea-Bissau) Banjul (The Gambia) Lome (Togo) Category 0 Niamey (Niger) 50% of Abuja rateOuagadougou/Bobo Dioulasso (Burkina Faso) Praia (Cape Verde) ARTICLE 2 These increases shall take effect from the 2011 budgetary year. ARTICLE 3 This Regulation shall be published by the ECOWAS Commission in the Official Journal of the Community within thirty (30) days upon signature by the Chairman of the Council of Ministers. It shall also be published by each Member State in its National Gazette thirty (30) days after notification by the Commission. DONE AT ABUJA, THIS 26TH DAY OF NOVEMBER 2010 I. 1 .; 1'.1 .' • IJ. I ( ;' i /1 .I '(- L ...... ~i•••• ; ' ":'••ii~··'. ~"'::~•..\. ~ :-:.:: .. H.E. H. Odein AJUMOGOBIA, SAN CHAIRMAN FOR COUNCIL ECONOMIC COMt"UNITY OF WEST AFRICAN STATES COMMUNAUTE ECONOMIQUE DES ETATS DEL'AFRIQUE DE L'OiJEST S&xty fifth Ordinary Session of the Council of Ministers Abuja I 25 to 26 November 2010 REGULATION C/REG 16/11/10 RELATING TO THE ESTABLISHMENT OF AN ECONOMiC POLICY ANALYSIS UNIT (EPAU) WITHIN THE r\llACROECONOMIC POLICY DEPARTMENT OF ECOWAS COMr\lllSSION THE COUNCIL OF rJlIN1STERS, MINDFUL of Articles 10, 11 and 12 of the ECOVVAS Treaty as amended, establishing the Council of Ministers and defining its composition and functions; MINDFUL of the provisions of Article 17 of the said Treaty on the establishment and the composition of the ECOWAS Commission; MINDFUL of the provisions of Article 51 of the ECOWAS Treaty which prescribes the promotion of monetary and financial integration within the ECOWAS region with the objective of establishing a Monetary Union; rv'llNDFUL also of Decision AJDEC.17/12/01 creating a Mechanism for the Multilateral surveillance of the economic and financial policies of ECOWAS Member States; CONSIDERING Article 10 (3) (f) of the ECOWAS Treaty which empowers Council to approve the organizational structure of the lnstnutlons of the Community; NOTING that on 25th April 2008, the Executive Board of the African Capacity Building Foundation (ACBF) approved a four (4) year grant for the establishment of an Economic Policy Analysis Unit (EPAU) in the ECOWAS Commission; RECALLING the extension of the EPAU grant by ACBF declaring it effective from 28 January, 2010; DESIRING therefore to strengthen the Commission's institutional capacity to effectively implement its mandate of establishing a Monetary Union; ON THE RECOMMENDATION of the eighth meeting of the Administration and Finance Committee held in Abuja from 26 to 31 October 2010; - 2- ENACTS ARTICLE 1: There is hereby established an Economic Policy Analysis Unit (EPAU) within the ECOWAS Commission to assist in the implementation and monitoring of economic and financial policies in ECOWAS Member States. ARTICLE 2: The Economic Policy Analysis Unit shall be located within the Macroeconomic Policy Department of the ECOWAS Commission. ARTICLE 3: The ECOWAS Commission shall make necessary budgetary allocation for the running of the Unit and shall solicit in collaboration with ACBF and other development Partners to provide assistance funding for the Unit. ARTICLE 4: This Regulation shall be published by the ECOWAS Commission in the Official Journal of the Community within thirty (30) days upon signature by the Chairman of the Council of Ministers. It shall also be published by each Member State in its National Gazette thirty (30) days after notification by the Commission. DONE AT ABUJA, THIS 26TH DAY OF NOVEMBER 2010 I . "1- ~ ( t' ,1 ;1 /l.... ' .' ,/1 r f, " r \ ~,..",.," .............. 10':." .(...l:.;'••••o,; ~'••••Y••••••••••••••••• H.E. H. Odein AJUMOGOBIA, SAN CHAIRMAN FOR COUNCIL ECONOMIC COMMUNITY OF WEST AFRICAN STATES COMMUNAUTE ECONOMIQUE DES ETATS DE L'AFRIQUE DE L'OUEST ". r • Sixty-fifth Ordinary Session of the Council of Ministers Abuja, 25 to 26 November 2010 REGULATION C/REG 17/11/10 RELATING TO THE REVIEW OF TRANSPORT ALLOWANCE FOR THE GENERAL STAFF OF ECOWASINSTlTUTIONS THE COUNCIL OF MINISTERS, MINDFUL of Articles to, 11 and 12 of the ECOWAS Treaty as amended, establishing the Council of Ministers and defining its composition and function; MINDFUL of Regulation C/REG/17101/05 Adopting the new ECOWAS principles for Staff Employment and revised ECOWAS Staff Regulation; MINDFUL of the provisions of Article 36 (d) of the said Regulation which provides that Staff members shall be paid a monthly transport allowance which will be subject to review from time to time; CONSIDERING the constant rise in the cost of transportation in the Member States hosting the Headquarters of the ECOWAS Institutions and the need to ensure that Staff members afford transport fares to enable them report at their duty post; DESIROUS of raising the present rate of transport allowance for the General Staff of ECOWAS Institutions; ON THE RECOMMENDATION of the Eighth Meeting of the Administration and Finance Committee held in Abuja from 26to 31 October 2010; ENACTS ARTICLE 1 The transport allowance payable to G and M Staff of the Institutions of ECOWAS is hereby increased. - 2- ARTICLE 2 1. An upward review of 10% increase of transport allowance shall be paid to G and M Staff of the Institutions of ECOWAS. • . 2. This increase shall take effect from the 2011 budgetary year. ARTICLE 3 This Regulation shall be published by the ECOWAS Commission in the Official Journal of the Community within thirty (30) days upon signature by the Chairman of the Council of Ministers. It 'shall also be published by each Member State in its National Gazette thirty (30) days after notification by the Commission. DONE AT ABUJA, THIS 26TH DAY OF NOVEMBER 2010 i . 1 /1:'" 'l { • 'J /1 ~<~. - A / ~ 'l I. I f J f t__/ V /Tt "'-=~...... . ~ \.: . H.E. H. Odein AJUMOGOBIA, SAN CHAIRMAN FOR COUNCIL COMMUNAUTE ECONOMIQUE DES ETATS DE L'AFRIQUE DE L'OUEST ECOI-JOMIC COMlvlUNITY OF Vv'EST AFRICAN STATES . • ... Sixty-Fifth Ordinary Session of the Councul of ~'inisters Abuja, 25 to 26 November 2010 R.EGULATION C/REG 18/11/10 ON PROVISIONAL BUDGET ALLOCATION FOR THE ECOWAS SMALL ARMS CONTROL PROGRAMME (ECOSAP) THE COUNCIL OF rtlUNISTERS, MINDFUL of Articles 'lO, 11 and 12 of the ECOVVAS Treaty as amended in June 2006 establishing the Council of Ministers and defining its composition and functions; MINDFUL of Article 58 of the said Treaty relaiing to Regional Security; MINDFUL of the ECOVVAS Convention on Small Arms and light Weapons, their ammunition and other related materials; MINDFUL of Regulation C/REG.17/06/10 on the extension of ECOSAP and the adoption of its activity programme; CONSIDERING that because of the importance of ECOSAP in achieving the objectives of the Community in the fight against the proliferation of small arms within the ECOWAS region, the Council of Ministers decided to maintain the programme and extended it for five (5) additional years thereafter; CONSCIOUS of the need to allocate to ECOSAP a provisional budget to bear personnel cost as well as to maintain infrastructure and equipment, pending evaluation of the programme; ON THE RECOMMENDATiON of the eighth meeting of the Administration and Finance Committee held in Abuja from 26 to 31 October 2010; -2- ENACTS ARTICLE 1 A provisional budget of one million,. five hundred thousand Units of Accounts (1,500,000 UA) is hereby allocated to ECOSAP for the year 2011 1 pending an assessment by the Commission and final decisions on the future of ECOSAP in 2011. ARTICLE 2 This Regulation shall be published by the Commission in the Official Journal of the Community within thirty (30) days afterits---sign-atore---by--th-e-Ch-alrm-a-n-of-the--- Council of Ministers. It shall also be published by each Member State in its Official Gazette thirty (30) days after its notification of the Regulation by the Commission. DONE AT ABUJA, THIS 26TH DAY OF NOVEMBER 2010 f { ,. -/1 /\• ,J ,', / .. ( __~ ( _.c.....f ; f / S,/" 1 ~-.....'-,,- .......... .:.,,; "'~ t~ '. H.E. H. Odein AJUMOGOBIA, SAN CHAIRMAN FOR COUNCIL COMMUNAUTE ECONOlv1IQUE DES ETATS DE L'AFRIQUE DE L'OUEST ECONOIv1IC COMI"'IUNITY OF WEST AFRICAN STATES .. • Sixtyczfifth Ordinary Session of the Council of Ministers Abuja, 25 to 26 November 2010 REGULATION C/REG 19/11/10 ON THE BUDGET OF THE PROGRAMME FOR THE IMPROVEMENT OF THE EXPORT COMPETITIVENESS OF THE MICRO, SMALL AND MEDIUM ENTERPRISES WlTHIN ECOWAS MINDFUL of Articles 10, 11 and 12 of the ECOWAS Treaty as amended establishing the Council of Ministers and defining its composition and functions; MINDFUL of Article 50 of the said Treaty relating to trade promotion; MINDFUL of the provisions of A:1:icle 72 of the said Treaty on the Community Levy; MINDFUL of the aqreement between the ECOWAS Commission and the International Trade Centre in February 2009; RECALLING that the purpose of the said agreement is to address the issue of export competitiveness and the Capacity gaps in the Micro, Small and Medium Enterprise Sector (MSME); CONSCtOU~ of the need for the two Parties to jointly implement Programme for Building African Capacity for Trade (PACTI!) which is significant to build the Export Competitiveness of the MSME sector; ACKNOWLEDGING that 70°,la of the business in MSME sector operates in the informal economy; CONVINCED that it is critical to give significant focus to the said programme for a sector that accounts for more than 70% of the business sector and with a majority operating in the informal economy and predominantly poor; .• .. - 2- DESlROUS to approve the budget for the programme of the improvement of the Export competitiveness of the Micro, Small and Medium Enterprises within ECOWAS; ON THE RECOr\/lMENDATiON of the eighth meeting of the Adminlstratton and Finance Committee which was held in Abuja from 26 to 31 October 2010: ENACTS Article 1: The amount of one million seven hundred and seventy-six thousand, five hundred and sixty-nine Units of Accounts (UA 1,776,569) is hereby approved programme relating to the improvement of the Export competitiveness of the Micro, Small and Medium Enterprises within ECOWAS for the 2010 to 2013 programme years. Article 2: For the 2011 budget year the ECOWAS Commission shall contribute a maximum of three hundred and fifty-six thousand, seven hundred and fifty-eight Units of Account (UA 356,758) for the joint implementation of the PACT 11 programme by ECOWAS and ITC/CIDA. Article 3: This Regulation shall be published by the ECOWAS Commission in the Official Journal of the Economic Community of West African States 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 26TH NOVEMBER 2010 '. ~ 1 ; II ~ I I· ; ll.... -» f,' £ .II /; i.' ,.""'" I ,'\ I, I " l. \ / \. \ ,~."J ......' : . ::":.' :'.. ';~{ . H.E. Ho Odein AJUMOGOBIA, SAN CHAIRMAN FOR COUNCIL ECONOMIC COMMUNITY OF WEST AFRICAN STATES COMMUNAUTE ECONOMIQUE DES ETATS DE L'AFRIQUE DE L'OUEST • i Sixty fifth Ordinary Session of the Council of Ministers Abuja, 25 to 26 November 2010 REGULATION C/REG 20/11/10 APPROVING THE RATE FOR THE CALCULATION OF THE RESPO~JSIBILITY ALLOWANCE PAYABLE TO THE CONTROLLERS OF COMrJlUNITY INSTITUTIONS THE COUNCIL OF MlNISTERS MINDFUL of Articles 10, 11, and 12, of the ECOWAS Treaty as amended establishing the Council of Ministers and defining its membership and its functions; MINDFUL of the Regulation C/REG.11/01/05 on the payment of a responsibility allowance to Accountants and imprest holders/cashiers of the ECOWAS Institutions; MINDFUL of Regulation C/REG.32/12/07 of 15th December 2007 defining the functions of the Commissioner for Administration and Finance, the Financial Controller and the Chief Internal Auditor; MINDFUL of Regulation C/REG.5/05/09 of zz" May 2009 adopting the financial regulation of the Institutions of the Economic Community of West African States (ECOWAS) which application commenced in January 2010 and prescribes the payment of responsibility allowance to Accountants and Financial Controllers within Community Institutions; CONSIDERING that the Regulation C/REG.11/01/05 has fixed the rate of the allowance for Accountants based on their responsibility; RECALLiNG that the justification of the payment of the responsibility allowance is based on the liabilities imposed on the Controllers of Community Institutions to make good in whole or in part any prejudice suffered by the ECOWAS Institutions as a result of serious misconduct displayed by them in the course of their work; ft, . .. - 2- CONSIDERING the severity of the liabilities imposed on them; DESIROUS to authorize the payment of the responsibility allowance to the said Controllers at the same rate as the Professional Accounting Staff of the ECOWAS Institutions; ENACTS ARTICLE 1: The payment of responsibility allowance to Controllers of the Community Institutions is hereby authorized. ARTICLE 2: The responsibility allowance referred to in Article 1 shall be 15%) of the basic salary for the Staff concerned. ARTICLE 3: The payment of the approved responsibility allowance shall take effect from January 2010 which is the date of application of the Revised Financial Regulations of the Community. ARTICLE 4: This Regulation shall be published by the ECOWAS Commission in the Official Journal of the Community within thirty (30) days upon signature by the Chairman of the Council of Ministers. It shall also be published by each Member State in its National Gazette thirty (30) days after notification by the Commission. DONE AT ABU.:JA, THIS 26TH DAY Or: NOVEMBER 2010 l .~ (.'~ /'\ /\ / ~\-'\. c. { ••••• :~~ ••••• • • .f•• • ':'::•••Y.•••~•••.':e••••••••~:.•••••••• H.E. H. Odein AJUMOGOBIA, SAN CHAIRMAN FOR COUNCIL ECONOMIC COMMUNITY OF WEST AFRICAN STATES COMMUI\lAUTE ECONOMIQUE DES ETATS DE L'AFRIQUE DE L'OUEST . . • i Sixty fifth Ord,nary Session of the Council of Ministers Abuja, 25 to 26 November 2010 REGULATlON C/REG 21/11/10 ON THE HARMONIZATION OF THE STRUCTURAL FRAMEWORK AND OPERATIONAL RULES PERTAINING TO THE HEALTH SAFETY OF PLANTS, ANI1\,1ALS AND FOODS IN THE ECOVVAS REGION THE COUNCIL OF MINiSTERS MINDFUL of Articles 10, 11, and 12, of the ECOWAS Revised Treaty as amended on establishment of the Council of Ministers and defining its membership and its functions; MINDFUL of Article 25 of the ECOWAS Revised Treaty relating on Agricultural Development and Food Security which prescribes to member states that they pledge to cooperate in the area of protection of plant and animal species, the strengthening of existing institutions in the area of natural disaster management and control of animal and plant diseases; MINDFUL of the Supplementary Act NSA 12/01/07 on the establishment of a Sub-regional Mechanism of Coordination and Prevention and Response against Avian Influenza in West Africa; MINDFUL of Decision AlDEC.11.01.05 on the adoption of the ECOWAS Agricultural Policy; MINDFUL· of Decision C/DEC/1/5/81 on the components of control of hunger, extinction of certain plant and animal species, funding programs, research and agricultural projects of production, storage, and treatment of agricultural products; MINDFUL of Decision AlDEC 5/10/98 of the Conference of Heads of States and Governments on transhumance within the ECOWAS region; ... • • 6 - 2- CONSIDERING the wro SPS Agreements on the implementation of the phytosanitary measures (WTO SPS Agreements); CONSIDERING that transhumance is a livestock production system which affects pastoral resources and increase cattle production in the ECOWAS region but it constitutes, however, a source of numerous health related problems; BEARING IN MIND that recent development of animal diseases outside the ECOWAS region did not spare our sub-region which organized itself for its own defense, despite its limited resources; NOTING that good human health is, in many respects, dependent on good animal health; AWARE of the fundamental necessity to protect consumer and animal health in order to prevent the spread of diseases and enforce the processes applied to trading of food products; OBSERVING that the procedures and regulations set up in Member States are not often complementary in the protection of the ECOWAS region in the area of animal and food security, and require harmonization; DESIROUS therefore to set up a regional legal framework of harmonization of national legislations in the area of phytosanitary, zoo sanitary and food safety in line with international health requirements, which will contribute to improve trading in animals and food commodities in the community as well as their regional and international trade. Also it will constitute the framework of actions aimed at furthering and consolidating the common market; DETERMINED to ensure better protection of economic agents, notably consumers. ON RECOMMENDATION of the Meeting of ECOWAS Agriculture, Livestock and Fishery Ministers which was held on 23 February 2010 at Abuja ENACTS: CHAPTER 1: DEFINITIONS, GOALS, SCOPE OF APPLICATION Article 1: Definitions In the terms of this Regulation, the following definitions are applied: - 3- Affected: infected or infested by an agent harmful to animals or food of animal origin; Animal: includes all domestic and wild animals, terrestrial as well as aquatic; Animal feed: any product intended for nutrition or animal feeding; Animal products: products obtained from animals intended for human consumption; Biotechnology: any technological application which uses biological systems, living organisms or by-products of those to carry out or modify products or specific usage processes; Commercialization: supply to one or several economic operators or consumers; subject to payment, free of charge, or promotion, of a product or service; Common market: unified market formed with ECOWAS member States; Commission: ECOWAS Commission; Communication on risks: Interactive exchange, all along the risk analysis process, of information and opinions on. the risks, risk related factors and perceptions of risks, between those who are in charge of their evaluation and management, consumers, industry, academics and other interested parties, and notably the explanation of the results of the risk assessment and the foundations of decisions taken in risk management; . Compliance: made for a given product to meet technical specifications, technical regulations and sanitary measures; Consumer: any natural person or legal entity purchasing or offering to purchase, uses or benefits as end user, of a good, service or technology, whatever its public or private, individual or collective nature of those individuals who have produced, facilitated their provision or transmission. Economic Operator: any natural person or legal entity handling an activity of manufacturing, preparation, processing, packaging, conditioning, transport, handling, storage, or sale of plants, plant products, animal products or feed, commodities or food products; National Organization of Plant Protection or NPPA: official service established by the Government of a Member State to implement the functions specified by the ICPP. ECOWAS: Economic Community of West African States; -. - 4- Food, Commodity or Food Product: any substance treated, partially or grossly treated, intended for human consumption, and including drinks, chewing gums and any substances used in the manufacture, preparation and processing of foods, excluding those substances used only as drugs cosmetics; in subsequent articles, the term "food" without specification means derived from animals Food toxicity: contamination caused in the process of feeding due to a micro­ organism or a toxin; Free zone: zone in which the absence of the disease in question has been demonstrated by the observance of conditions stipulated in the sanitary code for terrestrial animals of the OIE for recognition of free zone status. Within and at the borders of this zone, an official veterinary control is effectively carried out on animals and animal products, as well as on their transport. Genetically Modified Organism: any biological entity capable of reproducing itself or transferring genetic material, except the human species, whose genetic material has been modified in a way which is produced neither naturally in the environment nor by natural recombination; Health measure: any measure enforced on the territory of the community for: Protecting the health and life of humans and animals from risks caused by additives, toxin contaminants or pathogens present in foods or in animal feed; those issues which are not under the domain of the above-mentioned organizations, the appropriate standards, guidelines and recommendations promulgated by other relevant international organizations such as the OIE and the Codex Alimentarius. Health safety: covers the sectors of health safety of plants, animals and foods in order to protect the health of consumers, animals, and plants, and guarantee environmental protection within the Community; International veterinary certificate: certificate established in accordance with the provisions on the notification and epidemiological information of the World Animal Health Organization (DIE) and describing the requirements to be met by exported goods in the area of animal and/or public health; Labeling: set of information appearing on the product and/or its package, intended for the consumer's information; Mandatory Reporting Disease: disease listed on a list established by the Veterinary Authority in charge of zoosanitary control and the detection or suspicion of which must be reported immediately to the Veterinary Authority in charge of zoosanitary control; Member State: Any member State of ECOWAS; - 5- National Food Safety Agency: official service established by the Government of a member state in charge of the sector of the safety of foods; Network: connecting and establishing complementarity between human, material, financial or informational resources; New foods: products or food products for which human consumption within ECOWAS is so far unknown or marginal as well as foods or ingredients produced from genetically modified organs; Official veterinarian : veterinarian designated by the Veterinary Authority of a Member State to carry out zoo sanitary control and certification of animals and animal products, and animal feed for the protection of animal health and human health; OIE: World Organisation for Animal Health; OTC or OTC Agreement(s): Agreement on the Technical Obstacles to Trade; Quarantine: official confinement of animal and animal products, for observation and research or for inspection, analysis and/or subsequent treatments; Reporting a harmful agent: document providing information concerning the presence or absence of a given harmful agent, at a specific time and place within an area, generally a country, and in specific circumstances; Risk: function of probability of an adverse effect for health and of its gravity, because of the presence of one or more hazards in a food. Risk analysis: process involving risk assessment, risk management and communication over risks; Risk assessment: scientific process compnsmq identification and characterization of hazards, assessment of exposure, and risk characterization; Risk management: process consisting in balancinq out the different policies possible in consultation with all interested parties, taking into account the assessment of risks and other factors which have significance over the protection of consumers' health and the promotion of lawful trade practices and, if needed, in choosing appropriate prevention and control measures; Safe product: any food commodity, agricultural or of agricultural origin intended for human or animal consumption which, in normal or reasonably foreseeable conditions of use, does not present any risk or only reduced risk at a level considered acceptable, given the circumstances; Sanitary Mandate: Administrative deed by which the State entrusts to a veterinarian in private practice. the performance for the State or in its behalf, of zoosanitary and veterinary interventions concerning collective prophylaxis, zoosanitary police, epidemiological surveillance or control of animals and animal products; .. • .. - 6- SPS or SPS Agreement{s): Agreement on enforcement of sanitary and phytosanitary measures; Standard: document established by consensus agreement and approved by a recognized agency, which provides, for common and repeated uses, rules, guidelines or characteristics, for activities or their outcomes; Technical regulation: document which specifies the characteristics of a product or related processes and methods of production, including applicable administrative provisions the observance of which is mandatory. It can also deal in part or in whole with terminology, symbol , prescription in the area of packaging, marking or labeling, for a given product, service, process or method of production; Technical Specifications: rules of law setting the requirements and conditions of the supply, marketing, use or elimination of a product and which deals notably with: - The composition, characteristics, packaging, labeling or the sign of conformity of the products; - The production, transport, or storage of the products; - The evaluation of the conformity, recording, certification or the process of obtaining the conformity sign; Veterinary authority: the Member State Veterinary Service competent to implement in the country those zoosanitary measures, processes, supervision and or issuance of international veterinary certification in accordance with the standards selected by the Commission and to monitor and audit their application; Veterinary Certificate: certificate in line with the models advocated by the World Animal Health Organization (DIE); Veterinary Control Post: any airport, port or railroad, road or river post open to international trade of animals, animal products, products of animal origin and animal feed, where veterinary inspections may be carried out on import and export as well as transit; Veterinary Notification: procedure through which the Veterinary Authority informs relevant sub-regional or international veterinary authorities of the outbreak of a disease, infection or advent of an epidemiological event, in accordance with the provisions of the OIE Code for Terrestrial and Aquatic Animals. WTO: World Trade Organization; Zoosanitary inspection: methodical examination practiced on a living animal, an animal product and/or animal origin product in order to determine the points of - 7- sanitary non compliance (presence of a contagious disease transmissible to animals or to humans) or the presence of residues or contaminants in animals and the inspection of animal feed in order to ensure a maximum level of protection of consumers' health and well-being; Zoosanitary Control: set of hygiene, medical, legal, and regulatory measures, as well as administrative rules setting the organization of the official control of animals and their by-products intended to prevent the outbreak or diffusion of mandatory reporting diseases and the presence of residues and contaminants in animals, in animal products and products of animal origin and in animal feed, in order to ensure a maximum level of protection of the health and well-being of humans and animals; Article 2: Object 1. This regulation hereby establishes the general principles as well as the provisions and organizational processes to ensure the health of plants and, animals as well as food safety, at the community and national levels. It shall institute the structures and mechanisms of cooperation in the area of health and food safety within the ECOWAS space. 2. In addition, its goal shall be: a. The sanitary protection of animals, animal products, animal by­ products, animal feed and veterinary public health, including products stemming from modern biotechnologies; b. The sanitary protection of food commodities, including products derived from modern biotechnologies. .. Article 3: Scope of application This regulation shall apply to all activities and all areas of food safety and the health safety of animals and humans, including the products' derived from biotechnologies. It shall also apply to all stages of production, transformation, and distribution of animals and commercialized food commodities. CHAPTER 2: Article 4: GENERAL PRINCIPLES Mutual recognition The member States shall enforce the principle of mutual recognition of technical specifications and standards as well as procedures of accreditation and certification health measures in the area of the sanitary protection of animals and foods in force in the Member States and recognizing them as equivalent to one another. Article 5: - 8- Recognition of international standards .. • .. In order to permit free movement within the Community, plants, animal products, animal by-products, animal feed and food commodities, as well as products derived from modern biotechnologies and promote their international and regional trade in satisfactory health conditions, the Member States shall: a. Develop their health measures on the standards, gUidelines, and other international recommendations, notably those of the Codex Alimentarius, the WTO (SPS and aTC Agreements), the DIE, as well as those established by the Carthagena Protocol on the prevention of biotechnological risks; b. Support the health safety structures of the Community instituted by the current Regulation, in order to assess the opportunity and the scope of adoption of international standards. Article 6: Level of protection and assessment of risks 1. In compliance with international standards, the Member States, in close collaboration with the ECaWAS Commission, shall determine, through the health safety structures of the Community instituted by the present Regulation, the level of health protection of animals, and foods that they deem appropriate for their territory, avoiding those arbitrary or unjustifiable distinctions between levels of risk that they shall consider appropriate in different situations. 2. To that end, the Member States shall: a. Conduct an appropriate assessment of the health risks based on scientific data, as far as the approach followed is coherent and non arbitrary according to the modalities planned under Article 9 of this Regulation; b. Develop, adopt and apply those risk management measures necessary and proportionate to the risk incurred in order to ensure the health safety of animals and food items as well as to protect human health and the environment, without prejudice to article 41 of paragraph (3C) of the ECaWAS Treaty. Article 7: Precautionary principle 1. In order to ensure a high level of protection of the health of people, plants, and animals, and guarantee environmental protection, precautionary measures shall be applied by member States. 2. In case of risk of serious or irreversible damage in the area of food safety, the absence of absolute scientific data shall not be used as an excuse by a Member State for deferring adoption of effective measures aimed at preventing such risks. - 9- 3. In case there is scientific uncertainty, but if an evaluation of available information indicates possible harmful effects on human health, on plants and animals, the Commission and its member States shall adopt, pending scientific information, provisional measures of prevention of risks in order to ensure a high level of health protection. Such measures are proportionate and shall not impose any more restrictions on trade than necessary to obtain the high level of health protection desired by the Community by taking into account its technical and economic capacities. Article 8: Harmonization Without prejudice to article 41 of the ECOWAS Treaty and for the purposes of harmonization, the Community shall contributes to bringing closer those policies and actions in the area of health safety, in accordance with articles 3 and 4 of the SPS Agreements. Article 9: Risk analysis In the context of the common Market and implementation of the Community's Agricultural Policy, the Commission shall resort to risk analysis as an objective method to assess and manage health risks and communicate such risks in accordance with Article 5 of the SPS Agreements of WTO. Article 10: Principle of free movement of products and equivalents 1. Animals and animal products shall move freely over the COMMUNITY's territory as long as they are in compliance with the standards of safety and quality provided for under community legislation in force and articles 3 and 4 of the WTO SPS Agreements. 2. Subject to Article 41 below Each member State shall accept on its territory all the plants, plant products, animals, animal products in compliance with technical and sanitary standards adopted by another Member State. Article 11: Guarantee of rights under sanitary inspection processes In the framework of the implementation of health inspection procedures, the natural persons and legal entities are presumed to guarantee transparency, impartiality and proportionalities which are required in such cases. Article 12: Participation and access to information 1. The member states shall organize the participation of stakeholders, at appropriate levels, in decision making processes concerning the health safety of animals and food commodities. 2. They shall adopt appropriate measures depending on the nature, gravity and scale of risks for health safety of plants, animals, and food commodities and inform the actors concerned about the nature of such risks and the measures taken to prevent, reduce or eliminate such risks. - 10- 3. They shall guarantee access to information on the health safety including information concerning hazardous substances and activities. CHAPTER 3: REGIONAL COMMITTEE ON SANITARY SAFETY OF PLANTS AND FOOD COMMODITIES • it! Article 13: Establishment and Organization 1. It is hereby established in the Community, a Regional Sanitary Safety Committee on Plants, Animals and Food Commodities hereinafter called the "Regional Sanitary Safety Committee", which is under the authority of the ECOWAS Commission. 2. The Regional Sanitary Safety Committee is the relevant technical consultative body in the area of sanitary: 3. For purposes of achieving its goals, the Regional Sanitary Safety Committee relies on the following three sub-committees: a. Sub-committee on the sanitary safety of plants; b. Sub-committee on the sanitary safety of animals; c. Sub Committee on sanitary safety of food, 4. The composition of the Regional Sanitary Safety Committee and its sub committees shall be determined by a Regulation of Implementation in compliance with Article 9 paragraph 2 (c) of the Protocol NSP1/0606 amended by Supplementary Act A1SA3/02/10 of 16 February 2010 amending the revised Treaty of ECOWAS. Article 14: Functions 1. The Regional Food Safety Committee shall assist the Commission in the organization of sanitary cooperation between Member States and facilitating the development of a coherent food safety policy in the Community by providing it with appropriate technical opinions. 2. It shall support the Commission and Member States in the monitoring of international commercial negotiations on the SPS Agreements. 3. it shall coordinate the positions of Member States to facilitate their representation within the relevant international organizations involved in the phytosanitary, zoosanitary and food health safety areas. 4. Concerning issues on the sanitary safety of animals, the Regional Sanitary Safety Committee relies on the Regional Veterinary Committee. Article 15: Mode of Operation - 11 - 1. For purposes of carrying out its missions, on safety of food commodities, the Regional Food Safety Committee relies on the following two sub­ committees: a. b. Sub-committee on the health safety of plants and food of plants origin; Sub-committee on the safety of food or animal origin. 2. Concerning issues on the health safety of animals, the Regional Food Safety Committee relies on the Regional Veterinary Committee Article 16: Funding The funding of the operation of the Regional Food Safety Committee and its sub­ committees shall be from the general budqet of the Community's organs. CHAPTER 4: EXPERT AND COOPERATIVE MECHANISM Article 17: Networks and Observatories 1. In the implementation of its missions, the Regional Food Safety Committee shall rely on the network of expert, institutional cooperative mechanisms and observatories as follows: a. the network of experts; b. the network of laboratories; c. the early warning network; d. the network of national agencies; e. the network of training institutions; a. Expert Network: referral and missions Upon the request of the regional food safety structures, the network of experts supports the latter through scientific advice, during health crises. b. Laboratories Network: denomination and organization The regional network of analytical laboratories, hereinafter called « laboratories' networks» I shall collate all public or private -laboratories in Member States likely to form referral structures for analysis of veterinary products. .# - ., - 12- c. Early Warning Network: The regional early warning network, hereinafter designated « early warning network» shall be tasked with the monitoring and immediate transmission of information on food safety risks, to the appropriate structures. d. Network of National Agencies: denomination and missions The regional network of national health safety agencies hereinafter called « Regional network of national agencies» shall strengthen food safety cooperation and shall ensure information flow in the areas of the Community's food safety and health policies. e. Network of training institutions: designation and missions The regional network of training institutions, hereinafter called « training networks» shall contribute to improved training supply. 2. National Information Authorities (Watchdogs) 1. Without prejudice to the activities carried out by the regional structures and other information tools set up within the Community and in order to meet specific needs in certain health safety sectors, National Information Authorities shall be set up. 2. They shall be tasked with creating and managing the databases necessary for sanitary cooperation and establishing an inventory of legislation and international food safety agreements which bind the Community's Member States. CHAPTER 5: APPLICATION OF INSTITUTIONAL ARRANGEMENTS Article 18: Enforcement Regulation The Commission shall state, through enforcement regulation, the attributions, the organization and operation of regional facilities of safety of food commodities, established by this Regulation as well as the list of reference laboratories on proposal of the regional food safety Committee. -13- CHAPTER 6: GENERAL RULES OF ENFORCEMENT OF SAFETY MEASURES OF FOOD COMMODITIES Article 19: Notification procedures The Member States shall inform the Commission about notifications provided for by the SPS Agreements, according to the procedures and modes of presentation established by WTO, notably Annex B on regulation concerning transparency. Article 20: Annual review of health regulations In application of article 41 of the ECOWAS Treaty, the regional food safety Committee shall provide the Commission with the information that will enable it review annually health regulations with a direct or indirect impact on regional trade, in order to propose their harmonization or their gradual elimination according to articles 3 and 4 of the WTO SPS Agreements. CHAPTER 7: HARMONISATION OF HEALTH MEASURES .!' • Article 21: Establishment of a joint strategy for safety of food commodities Under the enforcement of the Community Agricultural Policy, the Commission shall develop, based on the work of the regional committee, a joint strategy in the area of food safety aimed at: a. Coordinating and harmonizing activities in this domain; b. Developing food safety action programs in order to meet the specific needs of the common market, in collaboration with international organizations, other relevant regional organizations and organizations representing producers and consumers; c. Strengthening the existing infrastructures and rationalize their use in order to make them accessible to all member states. Article 22: Harmonization of food safety measures 1. For the strengthening of the Common Market in the agricultural sector and in order to contribute to implementation of the joint strategy of food safety of the COMMUNITY, the COMMISSION shall: 14 - a. Develop an inventory of mutual recognitions of legislation in the area of food safety ; b. Organize and maintain up to date notification procedures of food safety measures adopted by Member States; c. Adopt community food safety measures; d. Coordinate the positions of Member States in the activities of relevant regional and international organizations. 2. In accordance with article 41 of the ECOWAS Treaty and in observance of the international health safety standards under articles 3 and 4 of WTO Agreements; the Member States shall: a. Develop programs and activities in the area of food safety regulation; b. Establish structures and activities for their national food safety agencies; c. Develop their technical and legal capacities so as to make possible an effective and rational cooperation; d. Assist with the promotion and application of technical specifications and regulations in the food safety area for an appropriate protection of their populations and their environment; e. Apply ECOWAS' rules and procedures as adopted and implemented by the Community. Article 23: Development of technical specifications and regulations 1. The member states shall enact technical specifications in the area of safety of food commodities and exchange their mutual information by notification processes provided for by Annex B of the SPS Agreements of WTO. 2. The member states shall coordinate the activities of their different ministries, administration and relevant services in the development of technical regulations in the area of the' safety of food commodities as provided for - by articles 3 and 4 of the SPS Agreements of WTO. 3. Such technical specifications and regulations shall be formulated so as not to cause food safety and technical obstacles to trade or other obstacles or unnecessary measures and shall be developed to be compatible with the international and regional agreements. 4. The technical specifications and regulations in the area of food safety shall be coherent, simple, and transparent, and shall involve administrative and implementation costs which shall be as light as possible. Article 24: Standards collection The Regional Secretariat of Normalization, Certification and Quality Promotion (f\JORrviCERQ) shall rely on the Regional food safety Committee for the collection 15- of national standards and annual standardization programs of Member States in the area of food safety in accordance with the provisions of the WTO SPS Agreements. Article 25: Supporting the analysis of food safety risks 1. The Commission shall turn to risk assessment as an objective and justifiable method to assess food safety risks in the ECOWAS region. 2. To that end, it shall: a. Support the food safety policies of the different Member States; b. Bring together regularly a group of experts who shall be tasked with analyzing the food safety risks and shall provide Commission through the regional food safety Committee with appropriate advice. c. Make certified laboratories of the network, carry out analyses according to the standards and procedures defined by the relevant international organizations; d. Collate and make available necessary information for the establishment of a common food safety territory and in particular set up legal, scientific and technical data bases. Article 26: Mutual information systems 1. The member states shall agree to adopt under the Community agricultural information arrangement, compatible management systems for the documentation and information in the area of food safety in order to facilitate exchanges between the regional food safety Committee, the cooperation and expertise mechanisms and the corresponding international bodies. 2. The cooperation and expertise mechanisms shall provide the regional food safety committee with all necessary information for harmonization of regular activities in the area of food safety. 3. The regional food safety committee shall apply provisions of the general mutual information system and the information processes provided for between member states, in the area of standards and technical specifications provided for by articles 3 and 4 of the SPS Agreements of WTO. Article 27: Participation in the work of international agencies 1. The Commission shall encourage member states to participate in the work of health safety international agencies which are notably the 01E, and the Codex Alimentarius. - 16- 2. The Commission shall coordinate the positions of member states in the work of the relevant international agencies, notably the DIE, the Codex Alimentarius and WTO (SPS Agreements, and aTC) 3. The Commission shall participate, through the regional food safety Committee, in their activities, on behalf of member states. • ei CHAPTER 8: MUTUAL RECOGNITION AND EQUIVALENCY OF HEALTH SAFETY SYSTEMS Article 28: Implementation of the principle of mutual recognition In accordance with article 41 of the Revised ECaWAS Treaty and articles 3 and 4 of the SPS Agreements of WTO, any economic operator shall be entitled to market plant products, animal products and food commodities in the market of another Member State when the latter are imported, manufactured, or commercialized in another Member State in accordance with the technical specifications and health measures in force in the Community. Article 29: Level of mutual recognition The equivalence of the quality or conformity in the area of health safety within member states intervenes through mutual recognition of: a. Technical regulations, technical specifications, and health measures; b. Inspection and control procedures, sampling and verification by analysis; c. Verification and sampling methods by analysis as well as its interpretation systems of the analysis results. Article30: Application of the equivalence principle At the intra-community and the extra-community level, each member state shall prove, in accordance with article 4 of the SPS of wra, that: a. The plants and plant products are produced or commercialized in observance of the regulations in force and that they are in compliance with the technical specifications, technical regulations and international health plant protection measures in force; b. The animals and animal products are produced. transported or commercialized in observance of the rules in force and that they are of the technical specifications, technical regulations, and animal health measures in forced; c. The food products are manufactured or commercialized in observance with the regulations in force and are of technical specifications and international health safety measures of food commodities in force. 17 - CHAPTER 9: MEASURES OF PREVENTION, WARNING AND RISK ASSESSMENT Article 31: Implementation of risk assessment 1. In application of the principle established under article 60f this Regulation and article 5 of the SPS Agreements of wro, member states shall take health measures which would ensure the appropriate level of national protection. The latter shall depend on scientific information and its maintenance shall be based on available evidence. 2. However, such measures must not be more restrictive for trade. 3. Any member state which conducts such assessment shall rely if need be on the regional food safety Committee, taking into account: a. The health risk assessments undertaken by international health safety agencies; b. Scientific evidence and all technical information available; c. Processes or methods of production or transformation likely to modify the characteristics of the plant, animal, or food commodities; d. Methods of operation. inspection, assessment of conformity, sampling or trial and environmental parameters; e. Of the destination and use of animals, animal products and food products. 4. If the 'assessment of a health risk reveals an important danger for the food safety, health of plants and animals as well as the environment, the national health safety agencies shall immediately inform the authorities of the Member States. involved, the Early Warning Network of food safety of the Community and if necessary, the relevant international organizations. 5. The member states shall make available the relevant documentation about risk assessment procedures which was used as ground work to establish their level of protection justifying the banning or restrictive measures involved. . Article 32: Measures of conservation and health warning 1. In case of suspicion of a health crisis, the member state(s) involved shall inform the Commission and other member states immediately through the early warning network. The Commission shall immediately request for the opinion of the regional food safety Committee on the case. 2. In case of a proven health crisis, the member state(s) shall immediately take any conservative health measure appropriate for control. Should the case arise, .." .~ and for legitimate and duly justified motives, they shall take provisional measures of restriction and trade at their intra and extra community borders in the same - 18 - precautionary conditions as those provided for under the SPS Agreement. They shall immediately inform the Early Warning Network and the Commission, and the 01E, in case of a zoosanitary crisis. 3. The Commission and the Member States shall lend support without restriction for the measures taken in order to prevent or control the crisis. 4. The conservative health measures shall cease with the control of the health crisis. The member state having taken such measures shall notify the Commission and other member states including the OIE on the end of their enforcement, in case of a zoosanitary crisis. CHAPTER 10: CAPACITY BUILDING Article 33: Training and equipment In the context of those regional health safety structures established by this Regulation, the member states, relying notably on the training network, shall agree to: a. Consult each other on their common training needs in the area of health safety; b. Coordinate among them the use of existing infrastructures and pedagogic means in order to make them accessible to other member States; c. Develop training programs in the area of health safety aimed at meeting the specific needs of the Common Market; d. Strengthen their infrastructures and equipments for control and health surveillance. Article 34: Communication and dissemination 1. The Commission and the member states shall advise, through the regional health safety structures set up by this Regulation, on their activities in the area of food safety, to the Community's population, as well as all partners involved, notably through sensitization, seminars, advertisements or publication of reports and opinions. 2. The communication and dissemination activities shall be aimed at contributing to the promotion of a participatory approach by the communities in the detection, evaluation, prevention and management of food safety risks within the Community. CHAPTER 11: - 19 - ROLE OF THE COMMUNITY IN CASE OF PROVEN HEALTH CRISIS Article 35: The Commission's powers 1. Where there is a confirmed major health crisis, the Commission shall ensure that the conservative health measures and other precautionary measures are taken by member states in order to control the health risks. 2. In case of proven deficiency of the conservative health measures in one or more member state(s) involved in the health crisis, the Commission shall urgently convene a meeting with the relevant national agencies in order to jointly determine the measures or substitutes that the situation requires. Article 36: Emergency fund The Community encourages member states to set up national health emergency funds to which they shall contribute in order to meet the emergency needs in case of proven health crisis CHAPTER 12: PLANTS SANITARY SECURITY Article 37: Member States Member States shall prohibit introduction, possession, transport and dissemination of parts of organisms or products that constitute known, identified or potential risk for plants in the ECOWAS Region. They shall ensure that donations in food supplies, seeds or any other plant material offered by the International Community comply with the Community technical requirements, technical regulations or sanitary measures. Article 38: National Plan Protection Orqanlsation (NPPO) 1. Each Member State shall put in place a national organisation officially in charge of plant protection and management of phytosanitary risks, and whose functions shall be in conformity with those indicated by the competent international and regional organisations operating within the framework of the International Plant Protection Convention (IPPC). 2. The NPPO shall be attached to the administrative or ministerial authorities in charge of Agriculture who participate in the activities of the regional plant protection organisation in conformity with Article IX of the IPPC. Each Member State shall indicate the composition, status and operational principles of the NPPO. It shall especially provide it with the required operational means to execute its duties of phytosanitary risk management and participate in Community policies on control and fight against harmful organisms to plants and plant products. -,. ,. - 20- 3. The NPPO shall be in charge of implementing the phytosanitary legislation prepared in conformity with the international agreements, especially the WTO Agreement on Sanitary and Phytosanitary Measures (SPS) and the IPPC.. 4. The NPPO shall participate in the activities and notably provide support to the missions of the regional sanitary security Committee, the phytosanitary warning networks and any sanitary cooperation mission as stipulated in this Regulation. 5. The NPPO shall prepare and update the lists of phytosanitary requirements of importing and exporting countries and transmit them to the Secretariat of the ECOWAS Regional sanitary security Committee. Article 39: Plant Protection Consultative Council 1. Each Member State shall put in place a Plant Protection Consultative Council with a view to assisting the ministerial authority in charge of plant protection and in order to determine whole or part of the required measures for prevention of phytosanitary risks. 2. Each Member State shall ensure proper representation of the administrations and the professional and consumer organisations in the said Council. Article 40: National structures and cooperation mechanisms 1. Member States shall put in place national structures and mechanisms with a view to ensuring their participation in plant sanitary security cooperation and the expertise mechanisms provided in the institutional provisions of this Regulation. 2. To this end, they shall: a. nominate experts to participate in the experts network in the area of Community sanitary security; b. propose to the Commission a list of national laboratories in the area of plant sanitary security likely to become members of the Community network of reference laboratories; c. ensure their participation in the warning network in the area of plant sanitary security; d. nominate the members of the regional sanitary security Commiitee; e. indicate the demand and offer relating to training in the area of plant sanitary security; f. organise the appropriate procedures in order to supply data on plant sanitary security to the observatory databases. Article 41: Economic operators - 21- 1. Any individual or corporate body, public or private, owning or exploiting a rural or urban estate shall preserve the plant material and harmful organisms therein in conformity with the Community technical requirements, technical regulations and sanitary measures. 2. Any individual or corporate body, public or private, in charge of protection, storage, transport and marketing of plant material and harmful organisms therein shall preserve the said plant material in good phytosanitary condition as stipulated in the Community technical requirements, technical regulations and sanitary measures. This obligation shall be extended to warehouses as well as transport and distribution equipment. 3. Any individual or corporate body, public or private undertaking routine or professional production, storage, transport and marketing of plant materials and harmful organisms therein shall declare such to the relevant NPPO office in conformity with the modalities stipulated in the Community technical requirements, technical regulations and sanitary measures. 4. Any individual or corporate body, public or private that observes the presence and proliferation of organisms in either a private or exploited rural or urban estate, or stored products or materials, as stipulated in this Regulation, shall declare such urgently to the relevant NPPO office. Article 42: Legitimate objectives of compliance verifications Authorised control organisations shall undertake compliance verifications in each Member State in order to avoid production or marketing of plants and plant products contrary to the enforced Community regulation and technical requirements, technical regulations and sanitary measures. NPPOs shall ensure that the concerned economic operators comply with their compliance and security obligations as stipulated in Articles 4 and 70 of this Regulation and are able to provide verification officers with all required documents. During such verification activities, appropriate information on better prevention of phytosanitary risks shall also be collected in order to assist the national and community warning networks and ensure effective control of harmful organisms. Article 43: Phytosanitary inspection measures 1. All plant product inspection measures stipulated in this Regulation are aimed at preventing phytosanitary risks. 2. The measures must: a. be used in line with the target objective and severity of the risk indicated by the controls undertaken by the authorised inspection officers; b. specify the conditions where the required individual measures should be implemented in order to prevent marketing of non-compliant goods; e. f. .4 g. ~ h. ! i. a ." , .. - 22- c. be transmitted to the Community Phytosanitary Committee and NPPO network of the Member States. ARTICLE 44: Powers of verification officers 1. The list of verification officers under the authority of the NPPO or individuals under its direct authority that are authorised to undertake inspections shall be prepared by the Member States who should establish their technical qualification in conformity with Article V (a) of the IPPC on phytosanitary certification. 2. Member States shall acknowledge the power of authorised phytosanitary verification officers to undertake the following missions: a. control of plants, plant products or other imported items subject to the technical requirements, technical regulations and sanitary measures, irrespective of their farming, storage or transit conditions, in order to evaluate the existence, infestation and dissemination of harmful organisms and/or plant pests whose list has been indicated by the implementation regulation of the Commission; b. inspect consignments of plants, plant products or other imported items subject to technical requirements and sanitary measures destined for import in order to verify, if necessary through collection of samples or any other appropriate mechanism, whether these consignments are infected; c. ensure disinfection of consignments of plants, plant products or other items meant for import or export from the ECOWAS region, as well as their containers, packages, storage areas or means of transport; d. verify that wastes collected from aircraft, ships or any other means of transport arriving into the ECOWAS region do not pose any risk for plant resources of the community region; issue phytosanitary certificates inconformity with the norms stipulated by the competent international and regional organisations operating within the framework of the IPPC; inspect and certify exports of plants, plant products and other items subject to technical requirements, technical regulations and sanitary measures; undertake detection activities and collection of information in order to up­ date the national and community lists of harmful organisms and pests; undertake studies information and documentation research, in case of suspicion of violation of the requirements of this Regulation and enforced texts; undertake all other missions assigned to the NPPO by the Member States. 3. Verification officers may also, within the framework of their verification and investigation activities, request for assistance from other institutions in order to ensure the effectiveness of any measure required in the protection of plants or plant products especially in case of propagation of phytosanitary risk. - 23- 4. Member States shall harmonise their phytosanitary inspection practices' through the plant sanitary security sub-Committee and if need be authorise joint inspections by the NPPOs of the Member States, especially in case of field inspections. ARTICLE 45: Guarantees granted to people under inspection 1. During routine checks, individuals or corporate bodies under inspection may take advantage of the guarantees prescribed in Article 11 of this .,.. Regulation, especially: a. the professional secret of the officers authorised to carry out the checks; b. the representative nature of the samples serving as the basis for questioning the administrative measure; c. the right to have access to second expert's opinion and to appeal in accordance with the procedures in force in each concerned Member State. 2. As part of these procedures, individuals or corporate bodies may also request for: a. notification of measures taken against them and their underlying reasons; b. receipts for the samples and declaration of seized goods or products; c. outcome of the analysis or the written technical justification of the measure taken against them; d. copy of their declarations and any other document which contributed to taking this particular decision against them. Article 46: Preventive measures 1. Control of harmful organisms shall be carried out in consultation with ECOWAS cooperation and phytosanitary institutions in order to harmonise and strengthen phytosanitary security in the Community. 2. Through the NPPOs and phytosanitary institutions, Member States shall investigate, inspect, study, analyse and carry out laboratory research activities in order to detect and identify harmful organisms to plants and the environment and recommend methods for an integrated fight against them. 3. These preventive measures shall be backed with information, sensitisation and dissemination missions aimed at involving the populations in the integrated control activities, especially in case of phytosanitary warning. 4. In case the phytosanitary warning constitutes a cross-border threat, the Commission shall coordinate the preventive measures at regional level in collaboration with cooperation and phytosanitary institutions from the Union and Member States. The Commission and Member States shall make necessary arrangements to cover the costs incurred during implementation of such measures. - 24- ARTICLE 47: Quarantine stations and entry points Member States shall create quarantine stations and entry points at vantage positions and ensure their networking. They shall inform the secretariat of the Regional Sanitary Security Committee accordingly. Member States shall equip the said stations and entry points with the necessary equipment for their operation. ARTICLE 48: Quarantine and joint information 1. Through their NPPOs, Member States shall make necessary arrangements to quarantine any space, area or premises affected or suspected to be affected by harmful organisms, plants and plant material indicated on the lists prepared by the regulation of the concerned State and inform the secretariat of the Regional Sanitary Security Committee for purposes of Community harmonisation. 2. They shall recommend the required measures for treatment or destruction of plants, plant products or other imported goods subject to the regulations as well as to the treatment of their place of storage or means of transport in order to avoid spreading of the present or suspected harmful organisms. 3. Member States shall determine the duration of the quarantine for risk eradication as well as the modalities for verifying the implemented or applied requirements. ARTICLE 49: Prerogatives of verification agents in case of quarantine 1. In case of suspicion or presence of a harmful organism which affect plants or plant products in an affected or suspected to be affected area, Member States shall authorise their verification officers to: a. go into such an area at any material time, inspect plants, plant products or other goods subject to the regulation and collect samples for the necessary analyses; b. demand that, for a certain period, the owner or tenant of the premises in question take the appropriate measures to contain or reduce the spread or eradication of the harmful organism. 2. In case of negligence from the owner or tenant of the premises to comply with a given notification, Member States shall make the necessary arrangements for verification officers of each NPPO to go into these places, carry out the directives and if the need arises to destroy plants, plant products or other qoods affected by the identified risk. ARTICLE 50: Quarantine alert and eradication measures On the basis of inspection made or in view of the results of sample analyses, Member States, through their NPPOs, shall declare a phytcsanitary emergency to the warning network mentioned in Articles 16 and 38 of this Regulation. 25 - Art icle 51: Removal of the quarantine 1. Through their NPPOs, Member States shall regularly reassess the situation of the quarantine places and after ascertaining the eradication of the harmful organism, authorize the removal of the quarantine. 2. Despite the removal of the quarantine, Member States through their NPPO s shall take all phytosanitary measures to introduce a surve illance system in order to keep these surfaces free of harmful organisms and/or plant pests and to declare them as such. Whenever a harmful organism and/or plant pest is present at a low rate in a given area, Member States through their NPPOs shall adopt phytosanitary measures to maintain its presence at a low level and introduce a surveillance system to that end in order to declare it a low prevalence area for harmful organisms and/or plant pests. ART ICLE 52: Li st of hosts and quarantine bod ies 1. To apply this Regulation, Member States shall make reference to the list of hosts and quarantine bodies which do not exist within the ECOWAS phytosanitary region (A1) as well as those existing but regulated (A2) . 2. This list is prepared by the Commission through implementation Regulation. ARTICLE 53: Mov ement of imported plants and plant prod ucts In conformity with the principles of free movement, mutual respec t and compliance with international standards and subject to the respect for the principle of equivalence as prescribed in this Regulation, imported plants and plant products must conform or at least be equivalent to technical requirements and regulations as well as sanitary measures recommended by the competent regional and international organisations operating within the framework of the IPPC. ARTICLE 54: Inspection before ente ring the ECOWAS region Any plant material, as well as any product likely to transmit regulated harmful organisms which may destroy plants and the environment, even on transit, must: a. be subjec t to phytosanitary inspection at entry points within the Community in accordance with the conditions determined by the Commission, b. come with a phytosanitary certificate issued by the officia l plant protection agencies from the country of origin or by people under their authority which shall certify that they are harmless to plants and plant material and labelled in conformity with the models at the annex of the IPPC. ART ICLE 55: Movement and import restric tions 1. Some restrictions may be placed on the free movement of plants and plant products within ECOWAS in conformity with Article 25 of the Revised .. - 26- Treaty. Member States who enact such restrictions may justify the rationale for the restriction or suspected risk assessment to any exporting country or economic operator in accordance with the international guiding principles enacted by the competent regional and international organisations operating within the framework of the IPPC and on the basis of well established scientific proofs, technical data or climate factors. 2. However, for research purposes, individuals or corporate bodies shall be subject to prior authorisation from the competent NPPO bureau, in order to introduce to the Community territory any plant material likely to destroy or bring harmful organisms or materials which may transmit harmful organisms or parts of living organisms which may have direct or indirect impact on plants. They must be able to prove it. ARTICLE 56: Phytosanitary inspection for intra- and extra- Community trade Within the framework of intra and extra Community trade, plants, plant products, plant materials or other items affected by this Regulation shall be subject to phytosanitary inspection at border entry points by the official responsible for issuing a phytosanitary certificate prepared in conformity with the models at the annex of the IPPC. ARTICLE 57: Phytosanitary certificate The Commission shall determine the verification procedures for granting phytosanitary certification in conformity with international guiding principles on inspection and risk assessment. ARTICLE 58: Phytosanitary protection measures In conformity with this Regulation, Member States must take all necessary measures in order to contain and halt the spread of any harmful organism within the ECOWAS region. ARTICLE 59: Inspection of modern biotechnology products 1. Import of modern biotechnology plants and plant products within the ECOWAS region shall be subject to prior authorisation from the competent Authority on biosecurity. 2. The competent Authority on biosecurity shall inform the Commission through the plant sanitary security sub-committee. - 27- CHAPTER 13: HEALTH SAFETY OF ANIMALS ARTICLE 60: Obligations of member states 1. Individual member states shall : a. Ensure the health safety of animals and animal products by the technical staff of the public or private sector under the responsibility of the veterinary authority in charge of sanitary control in the country; b. Report to the Commission and other relevant international authorities in charge of sanitary control, the mandatory reportable diseases noted on its territory. 2. The Commission shall request as per the regulation for the list of animals and animal products that are subject to the said sanitary measure as well as the mandatory reportable diseases and measures to be taken for each one of these diseases. It shall update the general and specific steps applicable to mandatory reportable animal diseases upon advice of the competent Veterinary Committee. ARTICLE 61: Relevant national administrations in charge of formal controls 1. Every member state shall have an official national agency in charge of implementing zoosanitary measures and veterinary certification procedures selected by the Community and shall monitor the implementation according to DIE's standards. 2. The veterinary administration of individual member states of the Community shall participate in activities and supports missions of the Regional Food Safety Committee in accordance with the international agreements and notably the SPS Agreement and the OIE. It shall designate the relevant authority which is directly responsible for zoosanitary measures in the territory of the Member State as well as the issuance of international veterinary certificates. Article 62: National structures and Cooperative mechanisms 1. Member states shall set up structures and national arrangements for their participation in the cooperative and expert mechanisms of health safety of plants provided for under chapter 4 of this Regulation. 2. To this end, they shall: a. Designate those experts participating in the expert network in the area of health safety of the Community; b. Propose to the Commission, the list of national laboratories in the area of health safety of plants, likely to fit into the Network of reference laboratories of the Community; c. Ensure their participation in the early warning Network in the area of the health protection of plants; -• - 28- d. Designate the members of the regional health safety committee and the veterinary services which will be associated with the Regional Network of national agencies intervening in the area of health safety of animals in the Community; e. Define the supply and demand in the area of training in the domain of the health safety of animals; f. Organize processes appropriate to supply the data bases of the Observatory in the area of the health safety of animals. Article 63: Sanitary Mandate 1. In order to strengthen zoosanitary protection and promote maximum allocation of resources, the veterinary authority of individual member states may issue sanitary mandate to a private veterinarian, to carry out for the Government in its name zoosanitary and veterinary interventions. 2. Such mandate shall outline the conditions of attribution and the domains of intervention, notably mass prophylaxis, epidemiological surveillance as well as health inspection of animals and animal products. Article 64: Zoosanitary protection procedures After noting the existence of a mandatory reportable disease, the relevant national administrative authority, on the recommendation of the authority in charge of zoosanitary control, shall take an appropriate administrative act. Such act shall carry reports of disease and shall indicate the enforcement within a given perimeter of the prescribed measures, in accordance with the special measures applicable to mandatory reportable diseases and their conditions of enforcement as determined through execution regulation of the Commission. Article 65: Zoosanitary protection measures 1. The individual member state concerned, mentioned under article 40 above, shall be responsible for organizing the appropriate zoosanitary protection measures on its territory. 2. The Commission. on proposal of the Veterinary Committee, shall take the appropriate measures for harmonization of zoosanitary protection practices. Article 66: Emergency procedures for zoosanitary protection 1. The member states shall organize appropriate emergency measures for the prevention and rapid response against emerging or re-emerging diseases. 2. The Commission, on proposal of the Veterinary- Committee, shall take appropriate action for the harmonization of emergency measure for zoosanitary protection and shall establish an emergency intervention plan. 29 - 3. The emergency preparedness plan shall define all appropriate measures in case of a zoosanitary crisis both for preventing the outbreak and for containing zoosanitary epidemic diseases in the Community. 4. The Commission, on the recommendation of the Veterinary Committee, shall take the necessary measures to set up an emergency fund intended for funding emergency zoosanitary preparedness plans for the prevention and rapid response against transboundary animal diseases as well as accompanying measures, notably, compensation schemes. Article 67: Disease free zone declaration 1. The declaration of freedom of a country or area from a disease shall be undertaken at the national level by individual member states. 2. The Member States shall inform the Commission' about this declaration and shall submit an application for certification of disease free zone by the relevant regional or international authorities. ARTICLE 68: Facility subject to veterinary inspection Any facility undertaking activities which pertain to the domain of health safety of animals shall be subject to veterinary inspection. ARTICLE 69: Control of products stemming from modern biotechnologies 1. The importation into the territory of the Community, of animals, animal products or animal by-products stemming from biotechnologies shall be subject to prior special authorization by the relevant authority in the area of biosecurity and biosafety. 2. The Commission, through the Veterinary Committee, shall be informed of this accordingly by the relevant authority in the area of biosecurity and biosafety. . ARTICLE 70: Veterinary Certificates 1. For purposes of controlling the health condition of animals, an international veterinary certificate shall be issued by an official veterinarian official for any animal imported into the ECOWAS territory. Such certificate shall be presented at veterinary control posts located on the route followed. 2. For intra-community trade, a veterinary certificate shall be issued by a veterinary officer for any animal which is moved on the Community's territory. Sue h certificate shall be presented at veterinary control posts located on the route followed. -. - 30- Artfcle 71: Sanitary Control measures at importation of animals and animal products 1. In order to avoid introducing mandatory reportable diseases into the Community's territory, the animals being imported or in transit by road, rail, sea. river or air shall be subjected, to a zoosanitary control at the border posts. 2. The sanitary controls shall be operated by the veterinary officer in charge of control at the border post. 3. The animals being imported shall carry an international veterinary certificate issued according to 01E standards by a veterinary officer from the exporting country. 4.Entry into the territory of the Community shall be authorized for animals only after presentation to the customs service of a veterinary certificated issued by the veterinary officer in charge of the sanitary control at the border post concerned. Only those animals certified as healthy shall be allowed entry. They shall be identified according to a procedure certified by the Commission on the recommendation of the Veterinary Committee. The fees related to the sanitary control of animals at borders shall be paid by their importers. 5. Animals without a health certificate at the border posts shall be sent back or put in quarantine at their owners' expense. 6. At the completion of the quarantine, the animals shall be subjected to sanitary controls and other necessary interventions, notably those related to care and vaccinations, at their owners' expense, in accordance with the program of epidemiological surveillance in force in the Community territory. 7. A zoosanitary pass shall be issued for those animals admitted on the Community territory. The pass shall be stamped by a veterinary officer at the control posts located on the route followed for control of the health condition of animals. . 8. The animal by-products shall also be subjected to inspection and safety certification prior to entry into Community territory. 9. In any case, they shall carry a sanitary certificate of healthiness or wholesomeness. issued by the veterinary official of the country of origin, certifying that these products: a. Are coming from healthy animals; b. Were manufactured. handled, and stored according to the rules of food safety. Article 72: 31 - Measures of sanitary control at exportation of animals and animal products 1. Animals intended for export by road, railway, sea, river or air, shall be subjected to export fees, to sanitary control carried out by the veterinary office at the authorized exit post. They shall be accompanied to the exit post with a veterinary certificate issued by an official vetenarian of the place of origin. 2. At exit point, the export of animals is authorized only after presentation at the customs service of a health certificate issued by the veterinary official in charge of the control of the exit post concerned. 3. The safety or hygienic inspection shall also be applied to animal products, fresh or stored, intended for export. A safety certificate shall be issued to .that effect. 4 The other animal products, such as green or salty skins, dry skins, hair, feathers and horns, shall be issued with: a certificate of origin and a certificate of disinfection. ARTICLE 73: Border transhumance In accordance with decision AIDEC/5/1O/98The member states shall implement necessary procedures and actions in order to facilitate the movement of transhumant animals and, in particular, shall adopt the international transhumance certificate of ECOWAS. Article 74: Sanitary Control measures specific to intra-community trade 1. Individual member states shall ensure that animals and animal products be shipped from their territory towards the territory of another member state with a veterinary certificate issued by a veterinary official. Such certificate shall be presented at those veterinary control posts located on the itinerary followed for purposes of control of the health status of animals. 2. Individual member states shall communicate to the Commission and to other Member States the list of border posts which shall be used for importing animals and animal products into their territory. The choice of border posts shall take into account the usable commercialization channels and modes of transport. 3. Every member state shall ban introduction of animals or animal products in its territory, if on inspection at a border point by a veterinary officer, such animals and or animal products are affected or contaminated with a mandatory reportable disease. The member state of destination shall take necessary steps, including quarantine, in order to determine the animals or animal products likely to be affected or contaminated with a mandatory reportable disease or likely to represent a risk of spreading such disease. -. - 32- 4. A member state shalt in case of risk of spread of animal diseases through introduction on its territory of animals coming from another member state, take the necessary measures: a. In cases of outbreak of an epizootic disease in this other Member State, ban or temporarily restrict introduction of animals and animal products coming from portions of the territory of this member state where the disease broke out; b. In cases where an epizootic disease takes on an extensive nature or in case of outbreak of a new serious contagious disease for animals, ban or temporarily restrict introduction of animals and animal products from the entire territory of this Member State. 5. The measures taken by a member state shall be communicated immediately, to the extent possible, to the Commission and to the member States with a precise indication of the reasons. If the member state involved deems that the ban or restriction is unjustified, it shall address the Commission in order to obtain an immediate opening of negotiations. ARTICLE 75: Veterinary control posts In relation with the member states and on the advice of the Veterinary Committee, the Commission shalt establish, by way of Execution Regulation, the list of authorized veterinary control posts at ports, airports, railroads and roads for the importation and exportation of animals in ECOWAS territories. CHAPTER 14 FOOD SAFETY ARTICLE 76: Commodities banned for consumption 1. The member states shall ban within the ECOWAS territory the consumption of any food, commodity or food product harmful to health and inappropriate for human consumption and animal feed. 2. In pursuance to the above objective, they shall: a. Observe the principles and food safety measures enacted by the Community; b. Organize the food safety in production, importation, and intra­ community movement of foods; c. Adopt measures making possible the verification for compliance of food commodities with such specifications and standards; - 33- d. Define the extent of .safety and obligations of different economic operators and the precautions appropriate to ensure food safety, safety of human and animals and the prevention of environmental risks. ARTICLE 77: National structures and cooperative mechanlsms 1. The member states shall establish national structures and arrangements as part of their participation in the cooperative and expert mechanisms of food safety as provided for under chapter 4 of this Regulation. 2. in pursuance to the above objective" they shall: - a. Designate those experts who shall participate in the Experts' Network in the area of food safety; b. Propose to the Commission the list of national laboratories in the area of food safety, likely to fit into the Network of the Community's Reference Laboratories; - c. Ensure their participation in the alert network in the area of food safety; - d. Designate those individuals sitting in the Regional Food Safety Committee and in the National Food Safety Organization which shall be linked to the regional network of national organizations intervening in the area of food safety in the Community; - e. Define the supply and demand in the area of training in the safety of food commodities; - f. Organize effective procedures for information gathering for the data bases in the Center for food safety. ARTICLE 78: Economic· operators of the food sector: obligation of caution, safety and information 1. The economic operators of the food sector shall be responsible for the safety and quality of the food commodities that they put on the community's market. 2. They shall put on the market safe products for the consumer. 3. In exercising their respective activities, they have an obligation to monitor the food commodities that they provide, by obtaining information on the risks that these commodities could present and shall engage appropriate measures for avoiding such risks. 4. The economic operators of the food sector shall ensure that at every stage of the production, transformation, storage and distribution of the products that they put on the market, such products shall conform with the technical specifications and standards of the food legislation applicable to their activities. -. - .. - 34- 5. According to the obligation of caution, every economic operator of the food sector shall inform the relevant authorities when he considers or has reason to believe that a food commodity that he has put on the market may be harmful to human or animal health. He shall adopt any measure to prevent any damage for the consumer and shall advise authorities to that effect. 6. The obligations arising compliance with the obligation of safety and which are required under the verifications of compliance shall be commensurate with the intended goal. 7. The extent of safety presented by the product or commodity shall take into account not only its properties, characteristics, and known effects, but also of its packaging, labeling and consumer categories it is intended for. Article 79: Self-regulatory and monitoring obligations 1. The implementation of self regulation shall be the responsibility of the first marketing officer who shall bring the necessary justifications. It shall also be the responsibility of the different economic operators to carry out, for their respective operations, these prior verifications, and justify them. 2. The member states, after gathering the appropriate scientific viewpoints, particularly from the scientific authority and the structures and cooperative and expert mechanisms of the Community, shall assess and determine concrete measures for complying with the obligations of self regulation, caution, and follow-up, on account of the nature of the product, its conditions of production, commercialization, or consumption. 3. As far as imported commodities are concerned, the self-regulatory obligation shall be the responsibility of the importing agent taking into account the objective and verifiable guarantees provided in international trade by the exporting country or the foreign manufacturer. Article 80:· .National agency for Food Safety 1. The member states shall ensure coordination of the different public services and authorities concerned in the safety of food commodities. They shall designate the national administration responsible for this sector hereinafter designated as « national committee for food safety» 2. The member states shall be responsible for the composition, status, and modalities of the operation of the national committee for food safety. They shall ensure in particular the credibility and means of operation to accomplish their missions of management of health risks and participation in the Community's health policies. 35- 3. The national committee on food safety shall be tasked with the management of health risks. It shall participate in the activities and supports the ECOWAS missions of food safety, notably those of cooperative and expert structures and mechanisms. 1. Every member state shall have an advisory board for analyzing the risks of safety of food commodities in order to assist the inter-ministerial authority in charge of the food safety and to determine all or part of the measures necessary to analyze risks for risk prevention, Article 81: Food safety authority in charge of analyzing health risks . , 2. It shall ensure an adequate representation of administrations, professional organizations, and consumers within the said board. Such board shall work in close collaboration with the structures and mechanisms Of cooperation and expertise of the Community, notably the experts' network, the laboratories network and the early warning network. It shall participate in defining the national policy necessary to the safety and health of individuals as well as environmental protection. Article 82: Goals of compliance monitoring 1. The goal of compliance monitoring shall be to prevent the production or marketing of food commodities that: a. are harmful for human as well as animal health; b. do not J'!leet the requirement of consumer information; c. do not meet the requirement of the United Nations Codex Alimentarius Commission's ethics code for international trade on food commodities d. do not meet the requirements attached to experimentation or marketing of foods or new ingredients; 2. The goal of the compliance monitoring shall be to ensure that economic operators of the food sector concerned have personally met their requirements of compliance, monitoring, consumer information and safety of food commodities. Such operators shall be able to provide controlling agents to justify their own self-monitoring and trade information on food commodities which have undergone such verifications. 3. In the course of such controls, information shall also be collected to ensure better risk prevention and particularly for regulation applicable to food commodities. -. 36 - Article 83: Powers of verification agents 1. The member states shall set the list of agents authorized to carry out compliance monitoring of food commodities. 2. To fulfill their missions, the agents authorized to carry out verifications shall have investigative powers enabling them notably: a. To visit industrial facilities; b. To seize and communicate documents; c. To seize objects, products, and risk assessment elements; d. To collect representative samples, for quality control tests; e. To test and verify the provisional consignment of commodities, products or instruments. 3. In the process of such investigations, the authorized agents may also request from the relevant administrative authorities any extensions of the consignment, seizures, destructions, or changes of destination of commodities recognized as non compliant. Article 84: Strengthening sanitary control measures in emergency cases 1. In case of serious or immediate danger to human health, control measures shall be strengthened by the national committee on food safety. 2. In pursuance of the above (order to control the hazard) the national committee on food safety shall adopt the most appropriate measures which may be to: a. Suspend the production, manufacturing, exportation or marketing of the commodity involved; b. Proceed to withdraw the product from anywhere it may be found; c. Proceed to destroy it or have it destroyed when this is considered the most appropriate way to control the hazard. 2. The above measures shall cease to be applicable as soon as evidence is brought that the commodity involved has met the food safety requirements. 3. In case of a warranted emergency, the control measures referred to above can be enforced by the competent national authorities for a maximum period of one month, provided they advise the national committee on food safety within twenty four (24) hours. After that one month period, the control measures shall cease being applicable, unless there is an official notification of the special arrangements by the national committee on food safety under the conditions specified above. - 37- ARTICLE 85: Official recognition of compliance 1. The food commodities to be imported and those to be exported having met the requirement of official controls organized prior to customs clearance, shall be presumed compliant with the technical specifications and standards defined by the community food safety measures in the case. 2. The Commission shall establish the formal verification procedures for food commodities prior to their being cleared by customs. It shall determine the conditions under which the established lists of economic operators are engaged in alleviating the controls carried out in advance. 3. The food commodities moving on the territory of the Community and which have been subjected to the necessary verifications are considered compliant with the technical specifications defined by the community food safety measures in the case. ARTICLE 86: Principle of free movement of imported food commodities 1. Imported food commodities shall circulate freely on the territory of the Community when they are in compliance with the technical specifications, the technical regulations, and notably the quality and safety regulation and the food safety measures in force within the ECOWAS region, 2. The economic operators shall ensure the compliance of such food commodities with the entire set of regulations and technical specifications and food safety measures, and shall show evidence of verification to that effect. 3. Subject to the rule of reciprocity, and in compliance with the standards recommended by the Joint FAOIWHO Cornmlssion of the Codex Alimentarius, the food commodities known to be compliant with the safety and quality regulation of the exporting country shall move freely in the territory of the Community. Restrictions shall be imposed on this principle, if the commercialization of the product is likely to undermine public health. ARTICLE 87: Routine of prior authorization for new food commodities 1. Production and commercialization of new food commodities shall be subject to prior authorization issued by the national committee on food safety, upon request by the person responsible for their preparation, production or first putting on market. The Committee shall take the opinion of the advisory board on analysis of the risks involved in the food safety, and the board shall advise the ECOWAS Commission to that effect. .. - 38- 2. Such authorization shall be in line with- the precautionary principle which is mandatory particularly for economic operators and publlc authorities, and shall be in line with the advice of the Advisory Board on analysis of the risks in terms of the food safety. It shall be issued on a provisional basis, for a limited duration. 3. Such authorization shall be revoked at any moment upon well-founded decision or limited in its scope concerning the conditions of production, commercialization, or consumption. ARTICLE 88: Reinforced information of the consumer for new food commodities 1. New food commodities shall come with adequate labeling information, to the consumer, on the presence of any genetically modified organisms or any other treatment made on the commodity or product. 2. In addition, the label shall inform the consumer on the precaution for use of the new food item. Article 89: Procedures considered as equivalent to official recognition of compliance The following food commodities or products shall be compliant with regulation: a. Those coming with a compliance certificate that meets the regulation criteria of the exporting country and coming from formal authorities, conditionally with reciprocity and except contrary specifications; b. Those Presenting commercial or contractual guarantees shall be considered as equivalent to the control administrative procedures; c. Those coming from member States. CHAPTER 15: MISCELLEN10US AND FINAL PROVISIONS ARTICLE 90: Implementation 1. The member states shall put together the technical and scientific resources available for progressive harmonization of food safety requlations and standards in Member States 2. The Commission shall be entitled to call on all economic operators, personalities, institutions or entities likely to provide the Community with necessary technical, scientific and financial support. - 39- ARTICLE 91: Entry into force This Regulation, shall become effective from the date of signing, and shall. be published in the official bulletin. DONE AT ABUJA, THIS 26TH DAY OF NOVEMBER 2010 lfJ VI !) .......t:... J';:.(<:.~ .....\t~(:)...J...~ .... HoE. H. Odein AJUMOGOBIA, SAN CHAIRMAN FOR COUNCIL . .. ~CONOMIC Cor-1MUNfTY OF WEST AFRICAN STATES COMf" UNAUTE ECONOf" IQUE DES ETATS DE L'AFRlQUE DE L'OUEST Sixty fifth Ordinary Sess ion of the Coundl of Ministe rs Abuj e, 25 t o 26 November 20 10 REGULATION C/REG 22/11/10 ESTABLI SHING COMIViUNITY PROCEDURES FOR MANAGeMENT OF VETERINARY DRUGS OR BIOLOGICS THE COUNCIL OF MINISTERS , MINDFUL of Articles 10, '" and 12, of the ECOWAS Revised Treaty as amended and on the establishment of the Council of Ministers and defining its composition and functions; MINDFUL of Articles 25 of the ECOWAS Revised Treaty on Agricultural Development and Food Security which prescribes to member states that they pledge to cooperate in the area of protection of plant and animal species control of animal and plant diseases; and the strengthening of existing institutions in the area of natural disaster management MINDFUL of Decision Al DEC.l 1/01/05 on the adoption of the Agricultural the ECOWAS Agricultural Policy; MINDFUL of Decision C/DEC/1/5/81 on the components of control of hunger, extinction of certain plant and animal species, funding programs, research and agricultural projects of production, storage, and treatment of agricultural products; MINDFUL of Decision AlDEC 5/10/98 of the Conference of Heads of States and Government on transhumance within the ECOWAS region; MINDFUL of the Supplementary Act AlSA 12/01/07 on the establishment of a Sub-regional Mechanism of Coordination and Prevention and Respon se against Avian Inftuenza in West Africa, MINDFUL of Regulation C/REG.23/11/10 on the establishment, composition, and modalities of operation of the Veterinary Regional Committee within ECOWAS, MINDFUL of Directive No ... dated 22/11/10 on the Veterinary Pharmacy .. .... • -2- CONSIDERING the heterogeneity of national provisions in the area of marketing authorization of veterinary drugs or biologies; RECALLING the WTO SPS Agreements (Marrakech Accord) on animal and plant health as well as food safety . WONDERING the risks to human and animal health and the environment that may arise from inadequate monitoring of the flow and use of veterinary drugs or biologies; CONSCIOUS of the need to harmonize market authorization procedures, through establishment of a community agency in charge of assessing dossiers and through instauration of a centralized market observatory; TAKING into account the necessity to provide financial arrangements necessary to establish the implementation of the community regulation in the area of veterinary drugs or biologies; TAKING also into account the necessity to ensure that good quality, effective and safe veterinary drugs or biologicals are marketed in the ECOWAS region; NOTING that the current inadequacy of available resources does not enable individual ECOWAS member states to have a laboratory specifically assigned the task of quality control of veterinary drugs or biologies; DETERMINED to organize the networking of laboratories and harmonize their operation in order to maximize their effectiveness and minimize the risks to animal and human health in the ECOWAS region; ON RECOMMENDATION of the Meeting of Ministers in charge of Agriculture and Animal Resources, held in Abuja on 23rd February 2010 ENACTS CHAPTER 1: DEFINITIONS AND SCOPE OF APPLICATION Article one: Definitions In the terms of this Regulation, the terms below are defined as follows: 1) Veterinary drug Means those Biologicals, Pesticides and products of bio-technology that safe guard the health and welfare of aquatic and terrestrial animals to enhance their -3- production and ensure that foods produced from the animals are safe for human consumption and free of potentially harmful residues; and should not cause harm to the environment - plants, insects, non-target animals and wildlife. Any substance or composition which could be administered to an animal in order to establish a medical diagnosis or restore, correct or modify physiological functions or behaviour. 2) Substance Any matter or material the source of which could be:: animal, such as: the micro-organisms, complete animals, organ portions, animal secretions, toxins, substances obtained by extraction, blood by­ products, plant, such as: the micro-organisms, plants, plant portions, plant secretions, substances obtained by extraction from it, Chemical, such as: the elements, natural or synthetic that could be organic or inorganic. 3) Pharmaceutical formulations Any drug prepared to be put on the market under a special name and particular packaging. 4) Raw material for veterinary drug Any raw material(s) used for the manufacture of veterinary drug, that is not a pharmaceutical formulation, put on the market in a pharmaceutical form usable in its natural form without any change. 5) Veterinary biologies Means any of the substances commonly known as vaccines serum, toxin, antitoxin, antibody and antigen used in disease prevention, diagnosis and treatment in animals. . 6) Medicinal pre-mixes Any veterinary drug used for the subsequent manufacture of medicinal feed. 7) Medicinal feed Any mixture of drug pre-mixes and feeds prepared prior to being put on the market and destined to be administered to animals without transformation, because of the curative or preventive properties or other properties of the premixes such as those listed under item 1. T .. a -4- 8) Generic drug Any veterinary drug which has the same active principle or substance in the same pharmaceutical form as the reference drug and whose bioequivalence with the reference drug has been demonstrated by appropriate bioavailability studies. 9) Extemporaneous preparation Any preparation made upon prescription by a veterinary doctor which at the time of use meets a specific therapeutic need in particular location and time. 10) Withdrawal period (Withdrawal Period) This is the necessary period between the last administration of a veterinary drug on an animal in normal conditions of use and the time meat or milk are obtained from the same animal, The withdrawal period guarantees that the animal's food products such as meat or milk does not contain any amounts of residues exceeding the maximum established limits for residues in such food commodities. The maximum limits of residues to be taken into account in order to preserve the consumer's health are as much as possible those established by the Codex Alimentarius pending the establishment by ECOWAS of the maximum limits of residues at the community level. 11) Experimentation All trials, research or experiments hereinafter designated as trials, which are made in order to obtain marketing authorization or modification. It is an act of testing the efficacy or safety of the drug or biologies. 12) Promoter Any manufacturer or group of manufacturers who applies for clinical or field trial or authorisation of veterinary drugs or biologies. 13) Experimenter Any individual who carries out any trial, research or experiment on a veterinary drug or biologic with the purpose of discerning its efficacy and safety. 14) Investigator Any individual who conducts a clinical trial on a veterinary drug and biologic to determine its efficacy and safety. -5- 15) Veterinary enterprise Any economic project or entity of an industrial or commercial nature in the area of veterinary drugs or biologies. A veterinary enterprise can involve several veterinary pharmaceutical establishments. 16) Organisation An organised public establishment or association carrying out a veterinary pharmaceutical activity 17) Veterinary pharmaceutical establishment Any structure or institution containing a grouping of human and material resources used for industrial or commercial operations in the area of veterinary drugs veterinary drugs or biologies. It may consist of a portion of a building or one or several buildings in a single geographic area. 18) Manufacturer Any veterinary pharmaceutical establishment carrying out, for wholesale or free donation or use the manufacture of drugs and biologies. 19) Manufacture of veterinary drugs or biologies This is any industrial pharmaceutical activity leading to the production of a veterinary drug or biologic as defined under point 1, namely the supply or acquisition of raw materials and packaging materials, putting in galenical form, quality control, release of batches of drugs or biologies as well as corresponding storage operations, as defined by the good practices applicable to this activity. The manufacturer. or his representative shall carry out monitoring operations on the drugs or biologic to determine the withdrawal period. 20) Operator Any licensed or authorised enterprise person or body that operates one or several veterinary pharmaceutical establishments involved in the production and sale of veterinary drugs or biologies. 21) Operation This is the manner of functioning of a veterinary pharmaceutical establishment. It consist of the sale or free donation. publicity, information, pharmaco­ vigilance, batch monitoring, drug withdrawal, as well as storage. .. • .. -6- The operation is handled either by the holder of the marketing authorization, or for that holder, by another enterprise or body. 22) Agent Any individual, enterprise or organisation or several veterinary pharmaceutical establishments authorised to carry out, by order and on behalf of one or several holders of marketing authorization (MA) or users, the storage and wholesale distribution of veterinary drugs or biologies. 23) Wholesaler Any enterprise or organism or person involving one or several pharmaceutical establishments licensed to carry out the purchase, importation or sale and distribution of veterinary drugs or biologies in large quantity other than those submitted to clinical tests. 24) Wholesale distribution of veterinary drugs or biologies Any pharmaceutical activity of a commercial nature which includes the purchase, sale, distribution, importation or exportation of veterinary drugs or biologies or any other commercial operation dealing with veterinary drugs or biologies, for profit or not, except the provision by a manufacturer of veterinary drugs or biologies manufactured by self, or the retail sale of veterinary drugs or biologies by individuals authorized to conduct such activity in accordance with the national regulation of individual member states. 25) Medicinal feed manufacturer Any enterprise or organisation or person including veterinary pharmaceutical establishments authorised to carry out, for the purpose of selling, or donating, or conducting clinical tests on the animal. the manufacture of medicinal feed; such manufacture involves operations about the purchasing of medicinal premixes, packaging materials, mixing, quality control, corresponding storage operations, corresponding controls notably in the area of homogeneity as well as batch monitoring and if need be, withdrawal of the batches . For those medicinal feeds subjected to clinical trials, the operations of distribution, monitoring of the said drugs and, if need be, their withdrawal will be carried out by the manufacturer, or his authorised representative.. 26) Medicinal feed importer Any enterprise or organisation or persons including veterinary pharmaceutical establishments authorised to carry out, for purposes of sale, free donation or conduct of clinical trials on the animal, importation, storage, quality control of medicinal feed batches coming from Non-Community Member States. For those medicinal feeds subjected to clinical trials, the operations of distribution, -7- monitoring, and if need be, withdrawal, are carried out by the importer. or his authorised representative. 27) Medicinal feed distributor Any enterprise or organism or persons including veterinary pharmaceutical establishments authorised to engage in the purchase and storage and distribution of medicinal feed other than those subjected to clinical. 28) Importation The bringing in or entry into the territory of the Community of batches of veterinary drugs or biologies, from Non-Community Member States or Foreign countries to be sold wholesale, to be donated or to be used in animals .. 29) Exportation The shipping away or sending out from the territory of the Community of batches of veterinary drugs or biologies manufactured within these territorial limits or previously imported for sale or exchange. 30) Intra-community movement Exchange or shipping or movement of batches of veterinary drugs or biologies between Community Member States, be those drugs manufactured in a Member State or imported from a third country for use or sale.. 31) Side-Effects Any harmful and unwanted reaction, occurring with doses of the drug or biologic normally used with animals for the prophylaxis, diagnosis or treatment of a disease or modification of a physiological function. 32) Human Side-effects Any harmful and unwanted reaction, occurring with a human being following exposure to a veterinary drug or biologic. 33) Severe side-effects Any side-effect leading to death, or is likely to endanger life, or provoking a major disability or significant inability or translates into a congenital abnormality/malformation or which causes permanent or extended symptoms in treated animals. • "'. -8- 34) Risk related to veterinary drugs or biologies Any risk related to the use and handling of a veterinary drug and biologies for human or animal health, or the environment. 35) Marketing Authorisation The approval of certain concentration of chemical and biologic substance(s) in a given pharmaceutical form under a unique trade or generic name for a specific period and conditions for the purpose of use in animal diseases treatment, prevention and control and control or for modification of physiological function(s) or change in behaviour. . 36) Pharmaeovigilance of Veterinary Drugs and biologies This relates to the detection, assessment. understanding, prevention and communication of adverse effects, in particular, short and long term side effects of drugs and biologies. Article 2 : Scope of Application 1. The present Regulation shall establish community procedures, for the authorization of surveillance and control of veterinary drugs and biological as well as the establishment of a Regional Committee for Veterinary drugs and iological for assessment of drugs. 2. The provision of these regulations shall apply to veterinary drugs and biological intended to be put on the market, in the form of pharmaceutical products, raw material for veterinary drugs and biological as well as medicinal premixes. 3. The present regulation shall not apply to medicinal feed. However, medicinal feed can only be manufactured from medicinal premixes having received an authorization to be put on the market in accordance with Article 10 of this Regulation. 4. The provisions of the current Regulation shall not affect' the competences of member states authorities in the area of control of importation and wholesale distribution establishments, conditions of wholesale distribution and retail sale of veterinary drugs and biological which (for streamlining purposes) will be the subject of a Directive. 5. The setup of the centralized process for the marketing of veterinary drug based on scientific criteria of quality safety I and efficiency aimed at free circulation and movement of veterinary drug in ECOWAS. CHAPTER 2: -9- ESTABLISHMENT OF THE REGIONAL COMMITTEE OF VETERINARY DRUGS AND BIOLOGICALS AND ITS PERMANENTSECRETA~AT Article 3: Establishment and Functions 1. A Regional Committee of Veterinary Drugs and Biologicals (RCVD) called « Regional Committee» is hereby established. The Regional Committee reports to the ECOWAS Commission; 2. A Regional Committee shall be composed by a Chairman and 16 experts all of whom shall be nationals of the ECOWAS Community. 3. The Regional Committee shall, at the request of the ECOWAS Commission, assess the market authorization files and major modifications, from the preparation of proposals to issue, may refuse or ask for additional information, may suspend or withdraw authorisation to put on the market. It also shall advise on all measures related to pharmaco-vigilance. It shall establish a centralized process of marketing veterinary drugs and biologicals, on the basis of scientific criteria of safety and efficacy and shall target the free movement of veterinary drugs and biologicals. Article 4 : Permanent Secretariat 1. The Regional Committee shall have a permanent secretariat hereinafter called ({ Regional Committee Secretariat», hosted at the headquarters of the ECOWAS Commission and in charge of managing administrative matters. 2. The Regional Committee Secretariat shall also be tasked with the study of the administrative admissibility of the requests presented following the centralized process for issuance of an authorization to market veterinary products, modification, renewal, transfer to a new bearer, in accordance with the Chapter 6 of this Provisions, as well as management of pharmaco­ Vigilance. 3. The Regional Committee Secretariat shall prepare regular updates and disseminates the list of authorized veterinary drugs and biologicals. 4. The President of the ECOWAS Commission will decide the composition of the Secretariat .. -10- Article 5 : Chairman and Experts of Regional Committee 1. The Regional Committee shall be led by a Chairman who shall be a citizen of the Community and appointed by the ECOWAS Commission for a period of three years, renewable only once. 2. Experts shall be appointed on an individual basis, depending on their skills and scientific experience in the evaluation of veterinary drugs and/or biologicals. 3. The expert selection process shall be managed by the ECOWAS Commission. It shall comprise an application process which is open at the regional level. The ECOWAS Commission may request the World Organization for Animal Health or any other competent body to assist in the selection process. The Regional Veterinary Committee shall also be called on to give an opinion during the expert selection process. 4. The experts must present necessary guarantees of competence and moral integrity and have adequate resources for the accomplishment of the expert work. . Article 6: Operation • 1. When the Regional Committee assesses a veterinary drug or biologic. one of its members shall be designated to serve as rapporteur and coordinate the assessment. In this case, one or two additional experts whose names shall be found on the list of experts on veterinary drugs and biologicals (LEMV) mentioned under article 7 of Regulation, shall be appointed to assist rapporteur in his assignment. 2. The Chairman of the Regional Committee shall appoint, after consulting with the members of this Committee, the rapporteur and the expert(s) who shall work with him for development of the assessment report. 3. The Chairman of the Regional Committee and his Secretariat shall ensure that all Committee members in turn to act as rapporteurs. 4. On proposal of the rapporteur, the Regional Committee Secretariat, in consultation with the Chairman of the Regional Committee. shall submit the veterinary drug to a laboratory belonging to the network of laboratories for quality control of veterinary drugs and biologicals for analysis, or should the case arise a laboratory recognized by the World Organization for Animal Health (OIE). 5. The Regional Committee shall meet at a frequency defined according to the number of requests deposited at average of four times a year. An emergency meeting may be convened by its chairman in consultation with the secretariat should the need arise. 6. In the course of its deliberations, the Regional Committee shall ensure that it reaches a scientific consensus agreement. If such consensus cannot be -11- reached. the accepted opinion shall be that of the absolute majority of members. The committee shall include in its report and at the request of the parties, the different positions with their reasons for differing. 7. The chairman does not vote. Article 7: Experts List 1. Member States shall transmit to the ECOWAS Commission a list of experts with a proven experience in the areas of drugs assessment, immunology, quality, safety and efficacy of veterinary drugs and biologicals by indicating their qualifications and areas of expertise. 2. Such list of experts shall include the laboratory expert members of the network of quality control laboratories of veterinary drugs and biologies. 4. Such list of experts in veterinary drugs or biologies shall be regularly updated. 4. The experts shall be called on to intervene in the assessment of requests for authorization to put on the market or to participate in specific working groups set up by the Regional Committee in agreement with the ECOWAS Commission or in order to carry out analyses of veterinary drugs and biologicals. Article 8: Remuneration of Members The participation of Regional Committee members in proceedings of the said Committee and expert services in a plenary session or specific meetings shall entitle "them to a fixed rate honorarium determined by the Chairman of the ECOWAS Commission. Article 9: Incompatibilities 1. The composition of the Regional Committee of veterinary drugs or biologies shall be officially announced. During the announcement of individual nominations, the professional qualifications and relevant experience of each member are specified. 2. The members of the Regional Committee and experts mentioned under Article 7, shall not have vested financial interests or other in the pharmaceutical industry, which might call into question their impartiality. Any indirect interest related to this industry shall be reported in a register held by the Secretariat of the Regional Committee and can be accessed by the public. -12- CHAPTER3: MARKETING No veterinary drug shall be given free of charge, or for a fee or administered by a veterinarian to an animal if a marketing authorization has not been issued), except in the case of clinical trials of veterinary drugs and/or biologicals, approved by the Commission under conditions described by Article 23 of this Regulation. Article 10: Marketing authorization • 1. 2. 3. 4. 5. Except for medicinal feed, no veterinary drug and/or biological shall be put on the market of a member state for or without charge without marketing authorization issued by the ECOWAS Commission. The medicinal feeds shall be prepared only from medicinal premixes having received marketing authorization in accordance with the this Regulation. The authorization to put on the market shall be issued to a natural person or legal entity designated hereinafter as "the holder of the marketing authorization" for a veterinary drug or biologic corresponding to a pharmaceutical product or a raw material for veterinary drug or biologic as defined under Article 1, for a qualitative and quantitative composition and a given pharmaceutical form as well as for use on one or several animal species. The authorization to put on the market shall be issued to a holder residing in one of the Member States of the Community. If the latter is not residing in one of the States of the Community, he shall appoint a local representative in charge of following up on the marketing authorization request and after obtaining it, to follow up on pharmaco-vigilance, management claims, batch monitoring and withdrawal if necessary. It shall only be granted if the holder shows evidence of best practice as foliows: i) He has a manufacturing method and control procedures guaranteeing the quality of the drug at the level of the serial production, He has carried out verification of the pharmaceutical properties and that of safety to animals, humans, and the environment, ii) For those drugs for use in animals producing commodities for human consumption, the maximum amount of residues depending on the active substances that they contain and potentially harmful residues for humans in commodities derived from such animals is determined, as well as the withdrawal period necessary for -13- obtaining them is justified and that he has a method to detect such residues. iii} That he has proceeded to the verification of the effectiveness of the drug in the light of the claimed therapeutic indications. 6. The authorization to put on the market shall be issued for a period of five (5) years, and renewable on the terms found under Article 33. Article 11: Waiver 1. Any drug which shall be authorized on the market shall be SUbjected to special monitoring given the state of progress of veterinary scientific knowledge. In this case, the marketing authorization is reviewed annually. 2. If, because of the rarity of indications planned or because of the state of advancement of scientific knowledge, the demand is not coupled with the set of planned justifications, a marketing authorization can be granted, under reserve that the veterinary drug shall be obtained on prescription by a veterinary doctor and administered by the latter. Article 12: Mandatory Labellings The marketing authorization shall be coupled with: a. A mandatory labelling on the primary packaging, the external packaging as well as on the directions for use, special mentions for the security or for the protection of health, notably the particular precautions of use and other warnings resulting from clinical and pharmacological tests planned under article 22, paragraph 3. and under article 23, paragraph 1, or which, after the commercialization, result from the experience acquired during the use of the veterinary drugs and/or biologicals ; b. Issuance of particular prescription rules and restricted conditions necessary for animal and human protection; c. Technical conditions which shall be observed by the manufacturer of corresponding medicinal feeds, as well as the modalities of use of such medicinal feeds, which is written on a medicinal pre-mix. •-14- Article 13: Rejection or refusal The marketing authorization shall be refused if it appears: a, that the application and accompanying file are not in line with the contents set under articles 22 or 23'1 b. that the veterinary drug or Bioloqlc does not have the qualitative or quantitative composition claimed, c. that it is harmful under the conditions of use indicated in the application file, d. that the therapeutic effect announced is lacking on the intended animal species, e. that putting on the market of the veterinary drug or Biologic is likely to seriously jeopardize human or animal health; f. that, for drugs intended for use on commodity producing animals intended for human consumption, the withdrawal period indicated in the dossier is inadequate to ensure that food commodities derived from the treated animals would not contain residues at levels likely to be dangerous for consumers, or that it is inadequately justified., g. that the veterinary drug or biologic presented for use is prohibited on ECOWAS territory. Article 14: Suspension: conditions, motives 1. The marketing authorization shall be suspended for maximum period of one month by the Chairman of the ECOWAS Commission when it appears that: a. It does not have the required qualitative or quantitative composition, b. The controls provided for in the file have not been carried out, c. The veterinary drug or biologic is harmful in the conditions of use indicated in the dossier of request for authorization to put on the market based on the pharmaco-vigilance data collected after the marketing on ECOWAS territory or coming from a third party, d. The drug present a risk for human or animal health, e. For, those drugs intended to be used on animals producing commodities intended for human consumption, the withdrawal period indicated is inadequate to ensure that the food commodities derived from the treated animal would not contain residues which could present dangers for the health of the consumer, 15- f. The therapeutic effect claimed is not seen on the intended animal, g. The use for which the veterinary drug is presented is subject to a ban by virtue of other community provisions, h. The documentation and information provided in the application dossier turn out to be erroneous, i. The documentation and information provided in the application dossier have not been modified according to article 31, paragraphs 1 and 2 of this regulation, j. The holder of the marketing authorization has not advised the Regional Committee about any new information in accordance with article 31, paragraph 3 of this regulation. k. The labels or instructions are not in line with the labelling requirements or specifications urider articles 36 through 39 of this regulation. 2. The President of the ECOWAS Commission shall withdraw the marketing authorization if the reasons for suspension are not addressed on the expiration of the deadline. Article 15: Modification of the marketing authorization The President of the ECOWAS Commission, upon the advice of the Regional Committee shall modify the marketing authorization, of a veterinary drug and/or biological in order to limit its contra-indications, the conditions of issuance, modify its dosage, add a contra-indication or any other preventive measure when it appears, subsequent to the assessment of pharmaco-vigilance data, that the veterinary drug does not meet the conditions stipulated under Article 22 of this Regulation. Article 16: Modification and information 1. When the decisions reached on modification, suspension or withdrawal are justified, the channels and appeals deadlines are indicated. Except in case of emergency, the decision is upheld only after the holder of the marketing authorization has been invited to present his remarks. Such decisions are reported to the holder of the marketing authorization and relevant authorities in the Member States. 2. When the authorization is suspended, withdrawn or formally modified, the holder shall immediately notify the stock holders so that the latter take all necessary steps to end to the distribution of the veterinary drug or biologic concerned. If such steps are not taken within reasonable period compatible with the public health interest as defined in the decision, the Chairman of the ECOWAS Commission shall ensure that in conjunction with the relevant authorities of Members States, all appropriate measures are taken. - 16 - Article 17: Recall of authorized batches Independent of the suspension, formal modification and recall decisions as mentioned above and as a protective measure, the President of the ECOWAS Commission may prohibit the issuance of certain batches of drugs authorized which are the subject of a dispute and request that the holder of the marketing authorization recall those batches. Article 18: Exceptions: provisional import authorization 1. Not withstanding the provisions of Article 10 (1), in the event of a severe epizootic disease outbreak, a member state can temporarily authorize: a. the importation by a veterinary pharmaceutical establishment: b. The use by one or several veterinary doctors, of veterinary drugs on its national territory, without the marketing authorization under article 10, in the absence of adequate drugs and after having informed the Commission on the detailed conditions of use. 2. Within a period of six months, the ECOWAS Commission, after consulting with the Regional Committee, shall take a position on the use of the drug by issuing if necessary a special provisional authorization. 3. In case of need, the ECOWAS Commission may extend such authorization to other member states. 4. The member states shall prepare a quarterly bulletin of the epidemiological situation and the use of the drug to the ECOWAS Commission. Article 19: Modes of special administration of veterinary drugs 1. When there are no veterinary drugs authorized for a given condition, a veterinary doctor can, in exceptional cases, administer to one or more animals on a farm: a. A veterinary drug which has been authorized by virtue of this Regulation for animals of another species or animals of the same species, but for a different disease. or b. b) if the drug referred to under item (a) does not exist, a human drug authorized in the Member State concerned by virtue of the national regulation; c. c) If the drugs referred to under items a) and b) do not exist, a veterinary drug authorized in a third party state. In this case, the veterinary doctor requests a special authorization for importation and use, limited to his client, from his country's veterinary authority. The veterinary authority of each member state shall address the list of drugs imported through this process every year to ECOWAS. 19 - a) The qualifications and experience required for the aforementioned experts are the following: i) For the expert working on the documentation on clinical trials: according to the case, a veterinary degree or pharmacy degree or a degree in chemistry, biology, micro-biology or bio-technology and a practical experience of no less than five years, either in the field of research and development, or in production, or in the control of drugs; ii) For the expert working on the documentation on safety trials: a veterinary degree or a doctorate in clinical pharmacy or a degree in general or special toxicology and a practical experience of at least five (5) years in this discipline; iii) For the expert preparing the documentation on residue studies: a degree certifying a general or special qualification in the area of pharmacology, toxicology, biology, or chemistry, and a practical experience of at least five (5) years; . iv) For the expert preparing the documentation on preclinical trials: a degree certifying qualification in pharmacology, toxicology, or biology and a practical experience of no less than five (5) years; v) For the expert working on the documentation on clinical trials: a veterinary doctor degree and a practical experience of no less than five (5) years. b) According to their qualification, the experts' role shall be as follows: i) Carry out the activities in their discipline (analysis, pharmacology and related experimental sciences, clinical) and objectively describe the results obtained (quantitative and qualitative); ii) describe the findings that they made according to the Standardsand Analytical Protocols, of safety, preclinical and clinical trial of veterinary drugs or biologies referred to under paragraphs 3 of article 22 and notably: For the analyst, to make a decision about the conformity of the drug to the declared composition, and justify control methods which will be used by the manufacturer; - For the pharmacologist as well as the specialist with adequate skins in toxicology to make a decision on the safety or possible toxicity of the drug, its pharmacological properties, degree of tolerance of the drug and the validity of the withdrawal period; •-14- Article 13: Rejection or refusal The marketing authorization shall be refused if it appears: a. that the application and accompanying file are not in line with the contents set under articles 22 or 23., b. that the veterinary drug or Bloloqic does not have the qualitative or quantitative composition claimed, c. that it is harmful under the conditions of use indicated in the application file, d. that the therapeutic effect announced is lacking on the intended animal species, e. that putting on the market of the veterinary drug or Biologic is likely to seriously jeopardize human or animal health; f. that, for drugs intended for use on commodity producing animals intended for human consumption, the withdrawal period indicated in the dossier is inadequate to ensure that food commodities derived from the treated animals would not contain residues at levels likely to be dangerous for consumers, or that it is inadequately justified., g. that the veterinary drug or biologic presented for use is prohibited on ECOWAS territory. Article 14: Suspension: conditions, motives 1. The marketing authorization shall be suspended for maximum period of one month by the Chairman of the ECOWAS Commission when it appears that: a. It does not have the required qualitative or quantitative composition, b. The controls provided for in the file have not been carried out, c. The veterinary drug or biologic is harmful in the conditions of use indicated in the dossier of request for authorization to put on the market based on the pharmaco-vigilance data collected after the marketing on ECOWAS territory or coming from a third party, d. The drug present a risk for human or animal health, e. For, those drugs intended to be used on animals producing commodities intended for human consumption, the withdrawal period indicated is inadequate to ensure that the food commodities derived from the treated animal would not contain residues which could present dangers for the health of the consumer, 15 - f. The therapeutic effect claimed is not seen on the intended animal, g. The use for which the veterinary drug is presented is subject to a ban by virtue of other community provisions, h. The documentation and information provided in the application dossier turn out to be erroneous, i. The documentation and information provided in the application dossier have not been modified according to article 31, paragraphs 1 and 2 of this regulation, j. The holder of the marketing authorization has not advised the Regional Committee about any new information in accordance with article 31, paragraph 3 of this regulation. k. The labels or instructions are not in line with the labelling requirements or specifications urider articles 36 through 39 of this regulation. 2. The President of the ECOWAS Commission shall withdraw the marketing authorization if the reasons for suspension are not addressed on the expiration of the deadline. Article 15: Modification of the marketing authorization The President of the ECOWAS Commission, upon the advice of the Regional Committee shall modify the marketing authorization, of a veterinary drug and/or biological in order to limit its contra-indications, the conditions of issuance, modify its dosage, add a contra-indication or any other preventive measure when it appears, subsequent to the assessment of pharmaco-vigilance data, that the veterinary drug does not meet the conditions stipulated under Article 22 of this Regulation. Article 16: Modification and information 1. 2. When the decisions reached on modification, suspension or withdrawal are justified, the channels and appeals deadlines are indicated. Except in case of emergency, the decision is upheld only after the holder of the marketing authorization has been invited to present his remarks. Such decisions are reported to the holder of the marketing authorization and relevant authorities in the Member States. When the authorization is suspended, withdrawn or formally modified, the holder shall immediately notify the stock holders so that the latter take all necessary steps to end to the distribution of the veterinary drug or biologic concerned. If such steps are not taken within reasonable period compatible with the public health interest as defined in the decision, the Chairman of the ECOWAS Commission shall ensure that in conjunction with the relevant authorities of Members States, all appropriate measures are taken. - .. - 16 - Article 17: Recall of authorized batches Independent of the suspension, formal modification and recall decisions as mentioned above and as a protective measure, the President of the ECOWAS Commission may prohibit the issuance of certain batches of drugs authorized which are the subject of a dispute and request that the holder of the marketing authorization recall those batches. Article 18: Exceptions: provisional import authorization 1. Not withstanding the provisions of Article 10 (1), in the event of a severe epizootic disease outbreak, a member state can temporarily authorize : a. the importation by a veterinary pharmaceutical establishment: b. The use by one or several veterinary doctors, of veterinary drugs on its national territory, without the marketing authorization under article 10, in the absence of adequate drugs and after having informed the Commission on the detailed conditions of use. 2. Within a period of six months, the ECOWAS Commission, after consulting with the Regional Committee, shall take a position on the use of the drug by issuing if necessary a special provisional authorization. 3. In case of need, the ECOWAS Commission may extend such authorization to other member states. 4. The member states shall prepare a quarterly bulletin of the epidemiological situation and the use of the drug to the ECOWAS Commission. Article 19: Modes of special administration of veterinary drugs 1. When there are no veterinary drugs authorized for a given condition, a veterinary doctor can, in exceptional cases, administer to one or more animals on a farm: a. A veterinary drug which has been authorized by virtue of this Regulation for • animals of another species or animals of the same species, but for a different disease, or b. b) if the drug referred to under item (a) does not exist, a human drug authorized in the Member State concerned by virtue of the national regulation; c. c) If the drugs referred to under items a) and b) do not exist, a veterinary drug authorized in a third party state. In this case, the veterinary doctor requests a special authorization for importation and use, limited to his client, from his country's veterinary authority. The veterinary authority of each member state shall address the list of drugs imported through this process every year to ECOWAS. 2.· 3. 17 - The provisions under paragraph 1 above shall apply only on condition that the drug, when administered to commodity producing animals intended for human consumption, contain only substances already present in a veterinary drug authorized in such animals in the Community and that the veterinary doctor in charge of administering the drug sets an appropriate withdrawal period. If no withdrawal period for the animals concerned is indicated for the drug utilised, the withdrawal period specified must not be less than: a. 7 days for milk; b. 14 days for poultry meat; c. 28 days for the meat of mammals, including fats and giblets; d. 500 degrees - day for fish. Article 20 : Information register In the course of implementation of the provisions of Article 20 by a veterinary doctor, the latter shall hold a register of all appropriate information, namely: a. The date of visit of the animals, b. Owner identification, c. Number of animals treated, d. Diagnosis, e. Drugs prescribed, f. Doses administered, g. Duration of treatment as well as recommended withdrawal period. He shall make such documentation available to the relevant authorities, for inspection purposes, over a period of at least three years. Article 21: Waiver of presentation of trial results 1. By waiver as per article 25, and without prejudice to the rights on the protection of industrial and commercial property, the applicant shall not be bound to provide the results of toxicological, pharmacological and clinical trials, if he can demonstrate: 4 . Cl 18 - a) That the veterinary drug or biologic is essentially similar to a drug authorized in the Community and that the holder of the marketing authorization of the original veterinary drug or biologic has agreed that the toxicological, pharmacological and/or clinical documentation found in the dossier of the original veterinary drug or biologic be used for processing the application in question; b) That the component(s) of the veterinary drug or biologic have a well established medical use and present a proven efficacy as well as an acceptable level of safety, using a detailed scientific bibliography; c) That the veterinary drug or biologic is a generic of an authorized drug in the Community according to community arrangements in force or in a third country, for at least ten years, and commercialized in the Community. 2. The President of ECOWAS Commission shall by an implementation regulation apply by analogy in the course of the presentation of a detailed scientific bibliography as per paragraph 1, item b above. Article 22: Trial report: validity 1. The documents on the trials referred to under article 21 of this Regulation are produced and signed by experimenters or investigators and endorsed by the authorised person or ethical committee. 2. Any trial undertaken should generate a report produced by the experimenter or investigator who has carried it out. Such report must include: a. The identity of the experimenter(s) or investigator(s). title(s), experience(s) and functions; b. The dates and places of the trials; .c. Information on the drug SUbjected to the trial; d. Information on the control drug or to the placebo; e. Presentation of the results of trials conducted; f. The trials shall observe, depending on the case, best practices involving the principles of Good Laboratory Practices (GLP) or Good Clinical Practices (GCP) set at the international level. 3. The documents referred to under article 21 and 25 of this Regulation, shall be produced and signed by experts having the technical or professional qualifications required, before being presented to the ECOWAS Commission. 19 - a) The qualifications and experience required for the aforementioned experts are the following: i) For the expert working on the documentation on clinical trials: according to the case, a veterinary degree or pharmacy degree or a degree in chemistry, biology, micro-biology or bio-technology and a practical experience of no less than five years, either in the field of research and development, or in production, or in the control of drugs; ii) For the expert working on the documentation on safety trials: a veterinary degree or a doctorate in clinical pharmacy or a degree in general or special toxicology and a practical experience of at least five (5) years in this discipline; iii) For the expert preparing the documentation on residue studies: a degree certifying a general or special qualification in the area of pharmacology, toxicology, biology, or chemistry, and a practical experience of at least five (5) years; . iv) For the expert preparing the documentation' on preclinical trials: a degree certifying qualification in pharmacology, toxicology. or biology and a practical experience of no less. than five (5) years; v) For the expert working on the documentation on clinical trials: a veterinary doctor degree and a practical experience of no less than five (5) years. b) According to their qualification, the experts' role shall be as follows: i) Carry out the activities in their discipline (analysis, pharmacology and related experimental sciences, clinical) and objectively describe the results obtained (quantitative and qualitative); ii) describe the findings that they made according to the Standards 'and Analytical Protocols, of safety, preclinical and clinical trial of veterinary drugs or biologies referred to under paragraphs 3 of article 22 and notably: For the analyst. to make a decision about the conformity of the drug to the declared composition, and justify control methods which will be used by the manufacturer; - For the pharmacologist as well as the specialist with adequate skins in toxicology to make a decision on the safety or possible toxicity of the drug. its pharmacological properties, degree of tolerance of the drug and the validity of the withdrawal period; - 20- - For the clinician, validate the data dealing with the effectiveness of the drug on the animals treated, at the recommended dose, on the tolerance of the drug and on the possible contra-indications and side-effects. Hi) When there is a reference to the published scientific literature, experts shall justify resorting to this bibliographic documentation and shall demonstrate that it meets the requirements of protocols found in Annex 11, on account notably of the pharmaceutical form and the components of the excipient. c) The experts shall present the criteria of competence and guarantees of integrity of honorability necessary to have adequate resources for conducting the expert works. A brief curriculum vitae of the expert is found in the annex of every report. Should the case arise, the professional links with the promoter shall be reported. Article 23: Characteristics of Veterinary Products The summary characteristics of the product include the following information in the order indicated: a. name of the veterinary drug; b. qualitative and quantitative composition in active substances and components of the excipient??? which must be known for a good administration of the drug. International generic names recommended by the World Health Organization (WHO) are used whenever such. names exist or, if not the common generic names or chemical names are used; c. pharmaceutical form; d. pharmacological properties and, to the extent that such information is useful for therapeutic use, pharmaco-kinetic elements; e. Clinical information: i. Target species, ii. indications of use, by specifying the target species, iii. contr a-indications, iv. side effects (frequency and seriousness), v. special precautions of use, vi. usage in case of pregnancy and lactation, vii. medicinal interactions and others, viii.dosage and mode of administration, - 21- ix. over-dosage (symptoms, emergencies, antidotes should the case arise), x. warnings special to each target species, xi. withdrawal period, xii. particular precautions to be taken by people administering the drug to animals; f. Pharmaceutical information: i. major incompatibilities, ii. limited duration of use, if necessary after the drug has been reconstituted or when the container is opened for the first time, iii. speci al storage precautions, iv. nature and content of container, v. especial measures to take during elimination of unused medication or wastes, should the need arise; g. name or corporate name and permanent address or head office of the holder of marketing authorization and those of the local representative as per article 13, paragraph 2 of this Regulation Article 24 : Clinical trials 1. The promoter who wants to make a trial shall forward to the ECOWAS Commission within three (3) months a dossier including the following information: a. Promoter's identificatlon; b. the trial context: i. title and goal of the trial, ii. place or places of the trial, iii. ide ntity of investigator(s), their titles, experiences, and functions, iv. if the latter is distinct from the promoter, identification of the manufacturer of the drug subject to trial and of the placebo or control drug, v. identification of the importer for imported drugs, vi. references for market authorizations obtained in a third country for the drug under trial as well as those of possible decisions to refuse, suspend or withdraw such authorizations, vii. the date when it is planned to begin trial and the possible duration of the trial; c) d. I. 11. Ill. IV. V. VI. VII. VIII. IX. X. XI. e. ~ ~ I. '!:" 11.~ Ill. IV. V. VI. - 22- The trial protocol specifying in particular: i. the type of trial and design, ii. the therapeutic indication object of the trial, iii. the dosage of the experimental drug and, if necessary, that of the control drug, iv. the length of the treatment, v. the number of animals that should eventually be included in the trial and the principal inclusion criteria; For the veterinary drug experimented: its name as defined under article 25, paragraph 2 or its code name, its pharmaceutical form, its qualitative and quantitative composition by using, if necessary, international designations if any or by default, the designations of European or French pharmacopoeia, the possible presence of a new active principle, the indication, if known, of chemical classes, pharmacological and clinical that the active principle belongs to, manufacturers' full location address, the method of administration, the intended animals, the proposed withdrawal period I if necessary manufacturing and expiry dates the batch number; For a reference drug: its name, its pharmaceutical form, its qualitative and quantitative composition in active principles, the withdrawal period, if necessary batch number manufacturing and expiry dates; - 23- VII. manufacturer's full location address f. For a placebo: I. its pharmaceutical form, 11. manufacturer's full location address, Ill. its qualitative and quantitative composition IV. batch number V. manufacturing and expiry dates; g) The synthesis of the other trials conducted previously and referred to under Article 22, together with references of the major works used for this synthesis. 2. The President of the ECOWAS Commission after consulting with the Regional Committee, may oppose, within a period of three months after reception of the information above, the implementation of this trial by well­ founded decision. He advises the promoter about his decision and informs the relevant authority of the member state where the trial must take place. CHAPTER 4: Procedure on Authorization for Marketing Article 25: Marketing Authorization: procedures and, formalities 1. To obtain a marketing authorization for a veterinary drug and biologicals, a request shall be made to the ECOWAS Commission together with payment of a fee as per Chapter 8 of this Regulation. 2. Such request shall include information indicated under paragraph 3 and 4 below as well as the summary of product characteristics (RCP) planned under article 24 of this Regulation. 3. The request, the RCP proposals, branding and instructions are written in at least two working languages of ECOWAS. 4. In addition, the applicant shall submit to the Commission samples of the drug and shall make available samples of raw materials, reference standards and other components, in adequate quantities to proceed on to controls planned under paragraph 2 of article 31 of this Regulation. t' • ,.. '... 6. - 24- 5. Any request for marketing authorization of a veterinary, drug or biologic shall include the following information: a) The name of the drug (trade name, generic name, coupled or not with reference pharmacopoeia and chemical formula. b) The qualitative and quantitative composition of all components of the veterinary drug or biologic in common terms and with the international generic name recommended by the World Health Organization, if such a name exists, c) The pharmaceutical form, the dosage and the presentations, d) The modes and methods of administration, e) The intended species and the dosage for each of the different animal species for which the veterinary drug or biologic is intended. f) Therapeutic indications, contra-indications, and side-effects g) Maximum duration of use, h) The withdrawal period shall be indicated for animal species producing commodities intended for human consumption: the applicant shall propose and justify a level of residues acceptable in food commodities without any risks for the consumer. i) The name or the company name and address of the applicant, and that of the local representative for imported veterinary drug or biologic, j) The name or company name and address of manufacturer(s), k) The designation of the places of manufacture, including packaging and quality control, I) Should the need arise, the list of third countries which have granted a marketing authorization for this drug or in which an application is being processed. m) The number and title of volumes of documents presented in support of the application including license to manufacture, free sale certificate, certificate of analysis of the drug and/or biologicals etc ). ' The application shall also be prepared along with the following information and documents, presented according to the Standards and Analytical Protocols on quality and safety of veterinary drugs or biologies. a) Description of the manufacturing method, - 25- b) Description of the control methods used by the manufacturer (quantitative and qualitative analysis of the components and of the finished product, particular trials, for example sterility and pyrogenic tests, research analysis for heavy metals, stability studies, biological and toxicity tests, control on lnterrnediate products in the manufacturing process. c) The routine analytic methods that can be used by the relevant authorities for testing residues, d) If need be, the explanations on the precautionary and safety measures during the storage of the drug, its administration to animals and the elimination of waste, as well as indication of potential risks that the drug could present for the environment, human and animal health, and for plants, e) The results of trials, namely analytical trials, safety tests, residue studies, preclinical and clinical trials or effectiveness tests, f) Expert reports about these documents and essays, samples of the veterinary drug or biologies as well as instructions of use, g) The copy of administrative authorization decisions of manufacturing establishments issued to the manufacturer of the drug in question, in enforcement of the national legislation of the establishment, and should the need arise a document proving that the manufacturer has been inspected by the relevant authorities and has been operating in accordance with the principles of Best Manufacturing Practices in force at the international level, h) A copy of any marketing authorization secured for this veterinary drug or biologic in a third country, as well as a copy of the instructions proposed in that country, the deadlines for any decision to refuse authorization and the reasons for such decision. Article 26: Procedure for granting Marketing Authorization 1. ANY INDIVIDUAL OR ENTITY REQUESTING A MARKETING AUTHORIZATION FOR A VETERiNARY DRUG SHALL SUBMIT A FILE TO THE REGIONAL COMMITTEE. 2. THE SECRETARIAT OF THE REGIONAL COMMITTEE SHALL RECEIVE, RECORD THE DOSSIER AND EVALUATE IT, IN CONJUNCTION WITH THE CHAIRMAN OF THE REGIONAL COMMITTEE. FOR PURPOSES OF EXAMINATION OF THE SAID DOSSIER, THE CHAIRMAN OF THE REGIONAL VETERINARY COMMITTEE DESIGNATES A RAPPORTEUR. 3. THE DURATION OF THE PROCEDURE FOR GRANTING THE MARKETING AUTHORIZATION OF A VETERINARY DRUG AND/OR BIOLOGICAL SHALL NOT EXCEED TWO HUNDRED AND FORTY (240) DAYS FROM THE SUBMISSION OF A NORMAL APPLICATION. 4. AFTER EXAMINATION OF THE FILE AND THE DOSSIER, THE REGIONAL COMMITTEE SHALL TAKE THE FOLLOWING MEASURES AS APPROPRIATE: i. DECLARES IT RECEIVABLE \f\1HEN THE CONDITIONS UNDER ARTICLE 22 AND ARTICLE 23, PARAG.1 ARE MET. COMMITTEE THEN NOTIFIES THE , ... 26 - APPLICANT FOR THE AUTHORIZATION OF THE TWO HUNDRED AND FORTY (240) DAYS PERIOD NECESSARYFOR THE PROCESSING OF THE FILE; H. IF THE FILE IS DEEMED INCOMPLETE, THE APPLICANT. SHALL BE INVITED TO COMPLETE IT; T. iii. IF THE FILE DOES NOT MEET THE LEGAL CONDITIONS REQUIRED, IT SHALL BE CLASSIFIED AS NO RESPONSE TO THE APPLICATION AND THE APPLICANT SHALL BE ADVISED OF THE DECISION. '- t· 5. ALL THESE MEASURES SHALL BE CONTAINED IN THE EXPERT REPORT. Article 27: Processing of the Application for marketing authorization 1. To process the marketing authorization application, the rapporteur and the Regional Committee experts: 1. Shall verify the conformity to Article 26 of the file presented, and examine, based on reports produced by experts, in accordance with Article 27, if the conditions of issuance of the marketing authorization have been fulfilled; 2. Shall subject the veterinary drug, its raw materials, and if necessary, its intermediate products or other components and especially those drugs which have no marketing authorization and control by a laboratory belonging to the network of quality control laboratories of veterinary drugs and/or bioiogicals or a Laboratory recognised by the World Animal Health Organization, and shall ensure that the control methods used by the manufacturer and described in the application file are satisfactory should the need arise, the control of the analytical method proposed by the applicant for testing residues; 3. SHALL REQUIRE THAT THE APPLICANT PROVIDE SUBSTANCES IN ADEQUATE QUANTITIES TO CONTROL THE METHOD OF ANALYTICAL DETECTION PROPOSED BY THE APPLICANT, IN ACCORDANCE WITH ARTICLE 24 AND FOR THE IMPLEMENTATION, UNDER ROUTINE CONTROLS AIMED AT DETECTING THE PRESENCE OF RESIDUES OF THE VETERINARY DRUGS AND/OR BIOLOGICALS CONCERNED; 4. SHALL REQUIRE, SHOULD THE NEED ARISE, THAT THE APPLICANT COMPLETE THE FILE AS AFAR AS THE ELEMENTS REFERRED TO UNDER ARTICLE 24 AND ARTICLE 25, PARAGRAPH 1, ARE CONCERNED. WHEN THE REGIONAL COMMITTEE OF VETERINARY DRUGS OR BIOLOGICS TAKES ON THIS PREROGATIVE, THE DEADLINE STIPULATED UNDER ARTICLE 29 IS SUSPENDED UNTIL THE ADDITIONAL DATA REQUIRED IS SUBMITTED. LIKEWISE, THIS DEADLINE IS SUSPENDED OVER THE TIME LEFT, SHOULD THE NEED ARISE, TO THE APPLICANT TO EXPLAIN HIS CASE ORALLY OR IN WRITING. Article 28: Verification and control At the request of the Regional Committee, the ECOWAS Commission shall ensure from the relevant authorities of Member States or third countries that the - 27- manufacturers of veterinary drugs or biologies submitted for marketing authorization are capable of achieving manufacturing and carrying out controls in observance of indications provided in implementation of Article 21 and in accordance with best manufacturing practices. It can also request that the relevant authorities allow for an on-the-spot inspection or study of the conditions of manufacture and control. Article 29: Evaluation report 1. The Regional Committee shall deliberate on the evaluation report prepared by the rapporteur, the summary of product characteristics, the instructions and the labeling. This finalized report and the attached documents aforementioned shall be submitted with a draft proposal to the President of the ECOWAS Commission, not later than sixty days before the deadline provided at Article 26. This sixty (60) day period includes the consultation of the Veterinary Committee. 2. The Regional Committee shall keep this evaluation updated. 3. The President of the ECOWAS Commission makes a decision within two hundred and forty (240) days from the date of presentation of a complete and regular, application which may be extended should the need arise with periods necessary for the submission of additional elements provided under article 27, paragraph 4. Failure to respond by the Chairman of the ECOWAS Commission is synonymous with refusal to authorize at the expiration of the aforementioned deadline until notification of the justified decision, which shall be made not later than four (4) months following the said deadline. 4. THE DECISION SHALL BE REPORTED TO THE APPLICANT, THE VETERINARY AUTHORITIES AND THE AUTHORITIES IN CHARGE OF LIVESTOCK, COMMERCE, AND CUSTOMS IN THE MEMBER STATES. THE DECISION TO ISSUE A MARKETING AUTHORIZATION SHALL BE COUPLED WITH THE SUMMARY OF THE CHARACTERISTICS OF THE PRODUCT REFERRED TO UNDER ARTICLE 25, AS APPROVED BY THE REGIONAL COMMITTEE AND THE DRAFT INSTRUCTIONS AND VALIDATED LABELlNG BY THE SAID COMMITIEE. 5. DECISIONS ON MARKETING AUTHORIZATIONS SHALL BE PUBLISHED IN THE OFFICIAL BULLETIN OF THE COMMUNITY. • Article 30: Change of conditions of manufacture and control of veterinary drugs and/or biologicals 1. After issuance of a marketing authorization, the holder shall take into account scientific and technical progress made and shall introduce all necessary changes into the methods of manufacture referred to under Article 285 of this Regulation, so that the veterinary drug or biologic shall be manufactured and controlled according to generally accepted scientific methods. - 28- Such modifications are submitted to the ECOWAS Commission for approval. 2. At the request of the ECOWAS Commission, the holder of the marketing authorization shall also examine all methods of analytical detection of residues provided for under Article 22 and shall propose any modification potentially necessary to take into account scientific and technical progress. .... 3. The holder of the marketing authorization shall immediately forward to the Regional Committee any new element which could cause a modification of information and documents provided for under Article 23 and Article 24, of this Regulation, or of the approved summary of product characteristics. He shall advise the Regional Committee about any prohibition or restriction imposed by the relevant authority of the countries where the veterinary drug or biologic is commercialized and of any side-effect on human beings or any serious side­ effect on treated animals. Article 31: Information of the Regional Committee 1. The holder of the marketing authorization shall automatically inform the Regional Committee of any modification provided for under Article 33 that he has proposed to bring information and documents provided for under Article 24, paragraph 3, and Article 25, paragraph 1. 2. The modifications shall be classified into the following two categories: a. MINOR MODIFICATIONS: ADMINISTRATIVE MODIFICATIONS AND TECHNICAL MODIFICATIONS NOT AFFECTING THE QUALITY, SAFETY, OR EFFICACY OF THE VETERINARY DRUG OR BIOLOGIC AND NOT REQUIRING ANY SCIENTIFIC ASSESSMENT; b. Major modifications: technical modifications affecting the quality, safety or effectiveness of the veterinary drug and requiring a scientific assessment. 3. A decision of the ECOWAS Commission specifies the list of minor and major modifications. Modifications concerning information and documents provided for under paragraph 1 shall be authorized beforehand by the ECOWAS Commission. Any request for modification shall be presented and processed as per the provision under Article 31 of this Regulation: Applications for minor modifications shall be directly processed by the Regional Committee Secretariat. No later than fifteen (15) days before the deadline, the Secretariat shall address a notice and a draft decision to the ECOWAS Commission. 4. ., '. ~ s: 5. 6. An aggrieved applicant may request for a review before the authorities 7. An aggrieved applicant can appeal before the ECOWAS Court of Justice - 29- 8. For major modifications, when the file is deemed valid, the chairman of the Regional Committee in liaison with the Secretariat shall designate one of the members of the Regional Committee to act as rapporteur and shall ensure or coordinate the evaluation. Should the need arise, additional experts belonging to the group of experts referred to under article 7 may be called on. They shall assist the rapporteur in developing the evaluation report. 9. The Secretariat may request from the applicant any additional information that the Regional Committee deems necessary, in light of information or items in the file, in order to rule on the application, by making known the reasons for his decision. The time planned under paragraph 2 above shall therefore be suspended until reception of the items requested. The Regional Committee shall make a decision on the evaluation report produced by the rapporteur, and the modifications to be made should the need arise on the summary of product characteristics, instructions and labeling. This finalized report and the attached documents shall be forwarded with a draft decision to the President of the ECOWAS Commission, no later than sixty (60) days prior than the deadline as per paragraph 3. 10. The President of the ECOWAS Commission shall take a decision in a period of sixty (60) days for the minor modifications and one hundred and fifty (150) days for the major modifications, from the date of the presentation of a complete and regular modification application file. 11. Failure by the President of the Commission to reply shall be synonymous with refusal to authorize modification at the expiration of the aforementioned deadlines. 12. The requests for modification shall be rejected on the same grounds as those planned for under article 16. 13. The President of the ECOWAS Commission shall inform the applicant and the relevant authorities of member states of his decision. 14. Any other change shall be subjected to a new request presented under conditions provided for under article 24 and article 25 in paragraph 1 of this Regulation and processed in accordance with articles 29 and 30 of this Regulation. Article 32~ Renewal of marketing authorization of veterinary drugs or biologies 1. THE APPLICATION FOR RENEWAL SHALL BE INTRODUCED BY THE HOLDER OF THE . MARKETING AUTHORIZATION AT LEAST THREE (3) MONTHS PRIOR TO THE DATE OF EXPIRATION OF THE AUTHORIZATION TO PUT ON THE MARKET. THE APPLICATION FOR RENEWAL SHALL BE SENT TOGETHER WITH A SUMMARY OF MODIFICATIONS AUTHORIZED SINCE OBTAINING THE INITIAL AUTHORIZATION OR THE LAST RENEWAL OR OF A DOCUMENT CERTIFYING THAT NO MODIFICATION HAS EVER • f 30- BEEN MADE IN THE ELEMENTS PRODUCED TO SUPPORT THE INITIAL AUTHORIZATION REQUEST OR THE LAST REQUEST FOR RENEWAL. ~ . 2. The request shall be addressed to the ECOWAS Commission, together with the fee provided for as per Chapter 8 of this Regulation. Processing of the file is provided for under article 26 of this Regulation and the period for notification of the justified request shall be three months. In a maximum period of fifteen (15) days prior to the end of this period, the Secretariat of the Regional Veterinary Committee shall forward a notification and a draft decision to the ECOWAS Commission. 3. The President of the ECOWAS Commission shall advise the applicant and the relevant authorities of Member States about his decision. If no decision is notified or if no additional justification request is forwarded to the applicant in a period of three (3) months following reception of his complete and regular request, the authorization shall be considered as renewed at the expiration of this deadline. Article 33: Change of holder by transfer ofmarketing authorization 1. Any transfer of the authorization to put on the market to another holder shall be subjected to a decision of the President of the ECOWAS Commission. 2. The request shall include the name or company name, and full location address of the applicant, and should the need arise, those of his local representative, the designation of places of manufacture, including packaging. proposed label of the product and control and the external and primary packaging materials and, if necessary, of instructions It shall also include: a) The agreement of the holder of the marketing authorization. '. b) The commitment of the pharmaceutical officer of the beneficiary enterprise of the transfer or the manufacturing establishment to submit to the entire set of requirements for the marketing authorization, and notably, to observe the methods of manufacturing and control. 3. The request shall be addressed to the Regional Committee Secretariat, together with payment of the fee provided for under Chapter 8 of this Regulation. No later than fifteen (15) days prior to the end of the deadline, the Secretariat shall forward a notice and a draft decision to the ECOWAS Commission. 4. The President of the ECOWAS Commission shall inform the applicant and the veterinary administration of member states about his decision. - 31- 5. Failure to reply by the President shall be deemed to.as being authorized at the expiration of a three (3) month period with effect from the date of the application. Article 34: Manufacturers' Liability The marketing authorization shall not violate the common law liability of the manufacturer andI should the need arise, of the holder of the marketing authorization. , ... CHAPTER 5: Labels and instructions on veterinary drugs and biologicals Article 35: Labelling Requirements 1. The labels or printings on containers and external packagings of veterinary drugs or biologies shall carry in legible characters the following information, in line with the information and documents provided by virtue of Article 23 and article 25, paragraph 1 and shall be approved by the ECOWAS Commission: a. The name of the drug or biologic, which shall bear a trade name or a generic name, together with a brand or the name of the holder or a scientific designation or formula, together with a brand or the name of the holder. b. If the particular name of a drug or biologic containing only one active substance is a trade name, such name shall be associated with, in legible characters, the international generic name recommended by the World Health Organization, when it exists or, by default, the common generic name., c. The qualitative and quantitative composition in active and inactive substances per unit or according to the method of administration for a given size and weight, using generic names recommended by the World Health Organization, if they exist or by default, the common generic name, d. The number of the manufacture batch, e. The number of the marketing authorization, f. The name or the company name and the permanent address or the head office of the holder of the marketing authorization and, should the need arise, of the local representative, g. The animal species for which the veterinary drug or biologic is intended, the mode and the method of administration. - 32- h. The withdrawal period, even if it is equal to zero, for those veterinary drugs or biologies administered to animals producing animal commodities intended for human consumption, i. The dates of manufacture and expiration clearly specified, j. The particular storage precautions, if necessary, k. The particular precautions for disposal of unused drugs or drug derived wastes, if necessary, I. Information on conditions of prescription and issuance, if necessary, m. The mention « for veterinary use », n. Dosage o. Dilution p. Address of the Manufacturer. 2. The information provided for under Paragraph 1 shall be written on the external packaging and on the container of the drugs at least in English, French and Portuguese languages and eventually in the language or languages of the country where the drug is put on the market. Should the need arise, pictograms corresponding to essential information- about administration and safe use shall be added. Article 36: Labelling Veterinary Vials 1. When there are vials. the information under article 36, paragraph 1, shall be written on the outside packaging. On the other hand, only the following information shall be necessary on containers: a. The designation of the veterinary drug, b. The quantity of active substances. c. The method of administration, d. The number of the manufacture batch, e. The dates of manufacture and expiration clearly specified. f. The mention « for veterinary use ». 2. As regards small containers other than vials which contain only a single dose and on which it is impossible to place information provided for under Paragraph 1, the prescriptions of Article 36, Paragraph 1 and 2, are applicable to only the external packaging. Article 37: Container characteristics Short of external packaging, all information which, by virtue of articles 36 and 37, shall be found on the container. - 33- Article 38: Notice of packaging 1. A notice shall be attached to the packaging of the veterinary drug or biologic, unless all necessary information by virtue of the present article can be found on the container and the external packaging. The notice shall be only on the veterinary drug or biologic to which it is attached. 2. 3. The notice shall be written at least in French or in English and in the official language(s) of Member States. Should the need arise, pictograms corresponding to essential information in the area of administration and safe use can be added. The notice shall include at least the following information, in accordance with information and documents provided by virtue of article 24 and article 25 and approved by the ECOWAS Commission: a. Name or company name-and permanent address or head office of holder of marketing authorization and, should the need arise, the local representative. b. Designation and qualitative and quantitative composition of veterinary drug and biologicals in active substances. The international generic names recommended by the World Health Organization (WHO) must be employed whenever such names exist, c. Therapeutic indications, d. contra-indications, side-effects and if any, antidotes, to the extent that such information is necessary for the use of veterinary drugs or biologics, e. animal species for which the veterinary drug and biologicals is intended, dosage depending on individual species, mode and method of administration, indications for a sound administration, if necessary. f. Withdrawal period, even if equal to zero, for veterinary drugs or biologics administered to animals producing commodities intended for human consumption; g. Speci~1 storage precautions, if necessary, h. Information on conditions of prescription and delivery, if necessary, i. Special precautions for disposal of unused drugs or wastes derived from veterinary drugs or biologics, if necessary. 4. The other information must be clearly separated from information as per paragraph 2. ... ., '\' - 34- CHAPTER 6 : MARKET MONITORING AND SURVEILLANCE Article 39: Pharrnaco-vlqtlance 1. The ECOWAS Commission and Member States shall take all appropriate steps to encourage notification about presumed side-effects or any other concerns of veterinary drugs or biologies to ECOWAS by health professionals. 2. The reports of side-effects or other concerns shall be addressed to veterinary authorities who shall forward them to the ECOWAS Commission which, depending on the urgency of the situation and the gravity of side-effects, shall take appropriate measures after consultation with the Chairman of the Regional Committee. The reports of side-effects shall be submitted to the Regional Committee. 3. The holder of the marketing authorization shall have in a permanent and continuing manner at his disposal an individual having the appropriate qualifications, in charge of pharmaco-vigilance. This latter individual is either the local representative or a person linked by convention to the latter and resides in one of the Member States. 4. This qualified individual shall hold a degree that permits exercise of the veterinary profession in one of the Member States. 5. This qualified individual shall be in charge of: a) Establishing and managing a system that would ensure that information about all presumed side-effects or other concerns are reported to him or are reported to importers, shall be collected and processed so as to be accessible upon demand by the ECOWAS Commission; b) Guaranteeing that any request stemming from the ECOWAS Commission and aimed at obtaining necessary additional information for assessment of risks and benefits of a veterinary drug or biologic, shall find a complete and rapid response, including the volume of sales for the veterinary drug or biologic involved; c) Providing the ECOWAS Commission with any other information of interest for assessing the risks and benefits of a veterinary drug or biologic. Article 40: Keeping reports on the side-effects and other concerns of veterinary drugs or biologies 1. The holder of the marketing authorization or his local representative shall keep detailed reports on all presumed side-effects and other concerns which occurred within the Community. - 35- 2. The holder of the marketing authorization or his local representative shall record any serious side-effect or side-effect on humans associated with the use of the veterinary drugs or biologies, that he is reasonably supposed to be knowledgeable about or which was brought to his attention, and shall immediately advise veterinary authorities, no later than fifteen (15) calendar days following his/her communication. . 3. The books established shall be kept on the territory of the Community, at least five years and shall be made available to the relevant authorities of the Community, on request. Article 41 : Suspension, Withdrawal or Cancellation of Marketing Authorization 1. After the assessment of data on veterinary pharmaco-vigilance, if the Regional Committee considers that the marketing authorization must be suspended, withdrawn or modified to reduce indications or-availability, modify dosage, add a contra-indication or a new preventive measure, he shall immediately advice the ECOWAS Commission to that effect. 2. In case of emergency, the ECOWAS Commission shall suspend the marketing authorization of a veterinary drug in accordance with the modalities provided for under Article 17 of this Regulation. CHAPTER 7: Control of Veterinary Drugs and Biologicals Article 42: Control of Veterinary Products by the Commission The ECOWAS Commission shall submit for a formal control by a laboratory of the regional laboratory network of quality control or any other certified laboratory samples of a batch of imported veterinary drugs and biologicals during the first importation after marketing authorization or when he suspects that there is a quality or public health problem on a batch of drugs. Article 43: Enforcement of Inspection The ECOWAS Commission shall mandate one or several inspectors of the member states to carry out inspections deemed necessary on or outside Comm unity territory. CHAPTER 8: FEES Article 44: Determination of fees There shall be within the Community, fees to be collected against services provided for obtaining and maintaining marketing authorizations (MA) of veterinary drugs and biologies, as well as for other services provided in that framework. 36 - Article 45: Fees for the marketing authorization of a veterinary drug and biologies 1. Basic fee A basic fee shall be collected for an application for marketing authorization of a drug, together with a complete file. Such fee shall cover both dosage and pharmaceutical form. This fee shall be raised by 10 % for each additional dosage and/or pharmaceutical form when they are presented simultaneously with the complete authorization request. Such increase shall cover any additional dosage and/or pharmaceutical form. a. ~ b. '~ c. This shall be regardless of the number of species and/or each indication. 2. Reduced fee a. A 500/0 reduction shall apply to marketing authorization requests for a drug which does not require presentation of a complete file, in accordance with the provisions of Regulation establishing community processes for marketing authorization and observation of veterinary drugs and instituting a Regional Committee of Veterinary Drugs. This fee shall cover both dosage and pharmaceutical form of this drug. b. This fee shall be raised by 10% for each additional dosage and/or pharmaceutical form when they are presented simultaneously with the reduced authorization request. Such increase shall cover additional dosage and/or pharmaceutical form. c. This shall be regardless of the number of species and/or each indication. Article 46 - Fees for modification of a marketing authorization 1. Fees for extension of a marketing authorization " A fee corresponding to 250/0 of the basic fee shall be collected for each extension of a marketing authorization already granted when the latter covers a new dosage or a new pharmaceutical form or a new species or a new indication or a new mode of administration which do not appear on the initial file. 2. Fees for minor modifications A fee correspondinq to 5°!c> of the basic fee shall be collected in case of minor modification of the marketing authorization. In case of identical modification concerning several marketing authorizations on a single holder, the fee shall cover all such authorizations. 37 - 3. Fees for major modifications A fee corresponding to 300/0 of the basic fee shall be collected in case of major modification of the marketing authorization. In case of identical modification, concerning several marketing authorizations on a single holder, the fee shall cover all such authorizations. Article 47: Fees for renewal of a marketing authorization A fee corresponding to 50°t'o of the basic fee shall be collected for the renewal of a marketing authorization of a drug. It shall be collected for examination for renewal of a dossier for 5 years for marketing authorization of a drug and/or biological .. Article 48: Fees for transfer of a marketing authorization A fee corresponding to 5°t'o of the basic fee shall be collected in the course of the transfer of the marketing authorization to a new holder. Article 49: Inspection fees A fixed amount shall be collected for any inspection carried out on community territory or outside the Community. For those inspections carried out outside the Community, travel fees shall be charged in addition to the actual cost. Article 50: Modalities for assessing fees a. The respective amounts of the different fees shall be determined in ECOWAS chosen Unit of Account, according to the present Regulation and of which it is part and parcel. b. The amount of the fees can be modified on decision of the ECOWAS Commission. Article 51: Modalities of handling fees a. Fees collected as per the marketing authorization procedure shall fund the operations of the centralized system and support the national structures involved in the control of veterinary drugs and biologicals. b. The ECOWAS Commission shall define the modalities of collection and management of the fees, in accordance with the ECOWAS financial regulation. - 38- Article 52: Transitional arrangements on Fees A 50% reduced fee shall be collected on the Marketing Authorization applications filed as per the transitional arrangements of the ECOWAS Regulation setting up community processes for marketing authorization} monitoring of veterinary drugs and establishment of a regional committee of veterinary drugs; CHAPTER 9: NETWORK OF LABORATORIES FOR QUALITY CONTROL OF VETERINARY DRUGS AND BIOLOGICALS Article 53: Establishment of a Network of Laboratories 1 There shall be established a Network of Laboratories charged with the task of quality control of veterinary drugs and biologicals in the ECOWAS territory. 2 The laboratories which are members of the network shall be designated by the ECOWAS Commission, after consulting with the Regional Committee. Article 54: Goals of the Network The goal of the network of quality control laboratories of veterinary drugs shall be: ", 1. 2. To bring to Member States technical support in the area of control of the quality of pharmaceutical products and vaccines; To build capacities of member laboratories by: a. Promoting their technical cooperation; b. Facilitating their access to new analytical techniques; c. Improving the continuing education of their staff; d. Speeding- up the quality assurance for their activities; e. Providing additional funding as the need arises; f. Accord Reference laboratory status where necessary. Article 55: Modalities of establishment of the network 1. The laboratories identified shall confirm, in writing, their interest in being members of this network. See Daniel - 39- 2. The ECOWAS Commission, in consultation with the Member States, shall approve which of the identified laboratory shall be in the network. The identified laboratories shall operate in the following areas: a. The goals to be reached in the area of control of the quality of veterinary drugs; b. The modalities of such control; c. ECOWAS' obligations toward this laboratory in the area of technical and financial support; d. The obligations of the line authority of this laboratory in the area of technical and financial support and the financial management conditions which help it fulfill its responsibilities. Article 56: Conditions to be fulfilled by the laboratories of the network Each laboratory in the network shall comply with the following conditions: 1. Maintain the best possible level of its scientific and technical expertise in the area of quality control of veterinary drugs; 2. Regularly update the analytical methods used by integrating progress in the knowledge achieved in this area; 3. Implement a continuing education plan for its scientific and technical staff so as to ensure: a. Maximization of the use of analytic devices; b. The quality of obtained results; c. The capacity of the laboratory to integrate achievements in scientific d. knowledge into the area of quality control of veterinary drugs; 4. Contribution to the development of the necessary cooperation with other laboratories in the network through its involvement in: a. Information exchange over analytical methods; b. Harmonization of such methods; c. Organisation of training events; d. Setting up circular tests if the laboratory is designated reference e. laboratory in a particular area; 5. Development of contacts and technical cooperation with other laboratories working in the same domain; - 40- 6. Improvement, particularly thanks to the internet, of access to the relevant bibliography in light of control of the quality of veterinary drugs; 7. Quality assurance of its control activities. Such quality assurance condition and obtaining from an internationally recognized body the accreditation which must ensue, will be programmed based on a timeline adapted to the situation of the laboratory as of the date of its integration in the network; 8. The implementation of the annual work plan decided by the ECOWAS Commission; 9. Observance of the timeline planned for giving test results. Such conditions will be recorded in a specifications book developed by the ECOWAS Commission. Article 57: Modalities of network management 1. The network shall be placed under the responsibility of the ECOWAS Commission which manages it with the assistance of the Regional Committee on Veterinary Drugs established by Regulation establishing community processes for marketing authorization and monitoring of veterinary drugs. 2. The goals and the annual work plans of the network shall be defined by the ECOWAS Commission on the proposal of the Regional Committee in consultation with the network of the laboratories. 3. The coordination of annual program of the network shall be undertaken by the Regional Committee Secretariat on Veterinary Drugs with the support of reference laboratories. Article 58: Organization of network activities 1. The Commission. on proposal of the Regional Committee, shall develop the annual work plan for the network. " 2. It shall define the modalities of the activities in the network with the assistance of the Regional Veterinary Committee and the network laboratories. THE COMMISSION SHALL DESIGNATE WITHIN THIS NETWORK A REFERENCE LABORATORY FOR EACH GROUP OF DRUGS, WHICH SHALL BE TASKED WITH: a. Codifying the control methods; b. Assuring the training of staff from other laboratories on these methods; - 41- c. Organize inter-comparison tests to ensure adequate control over these methods by the network's laboratories. Article 59: Collecting samples 1. The samples to be analyzed by the laboratories in the network shall be collected by inspectors designated to that effect by the authorities in charge of veterinary pharmacy in Member States. 2. SUCH SAMPLES, BEING COLLECTED FOR PUBLIC HEALTH PROTECTION PURPOSES, SHALL NOT BE ENTITLED TO PAYMENT OF ALLOCATIONS BY ECOWAS TO ECONOMIC OPERATORS IN WHOSE PLACES SUCH SAMPLES WOULD HAVE BEEN COLLECTED. Article 60: Technical and financial support 1. The laboratories participating.in the activities of quality control of veterinary drugs in the network shall, if need be, and to the extent of available resources, receive ECOWAS support in terms of: a. Their scientific and technical equipments; b. The training of their staff; c. The quality assurance for their activities. 2. The pricing of the quality controls of veterinary drugs shall be streamlined and fixed by Implementing Regulation through the ECOWAS Commission. CHAPTER 10: TRANSITIONAL ARRANGEMENTS Article 61: Implimentation 1. The Commission has a period of one year, from entry into force of the Regulation, for setting up the centralized system of putting veterinary drugs and/or biologicals on the market. 2. During this period, the applicable procedures in Community Member States, to requests for marketing authorization of the said drugs and biologicals, remain in force. 3. Likewise, the drugs and/or biologicals which are regularly marketed in one of the Member States of the Community, according to the regulation in force in - 42- that State, shall continue to be put on the market, if the following conditions are met: a. The holder of a national authorization shall declare within the twelve (12) months following publication of this Regulation that he markets these drugs and shall pledge to turn in a standard file with the ECOWAS Commission no later than two (2) years after the date of entry into application of this Regulation; b. The national authorization referred to above shall be found on a list provided to the ECOWAS Commission by each member State within a period of three (3) months following publication of this Regulation. 4. The commercialization shall continue in the Member State until the ECOWAS .Commission rules on the request. " 5. The processing deadlines provided for under article 30 shall not apply to the processing of those files deposited under the transitional arrangements of this article. 6: At the end of the two (2) year period, referred to under paragraph 2 of this article, failure to submit a file shall lead to cancellation of authorizations and putting an end to commercialization, without prejudice to penalties applicable in the case, in each member state. Article 62: Miscellaneous 1. One year after the entry into force of this Regulation, the Commission shall submit to the Council of Ministers a report on the state of appiicatlon of the measures as per article 49 of this Regulation. 2. This report shall specify in particular the details about the processing of requests introduced by the holders of national authorization for obtaining centralized marketing authorization. 3. On proposal of the Commission, the Council of Ministers shall adopt, if the need arose, any community action necessary to complete this Regulation. Article 63: Final Provision This Regulation, which goes into effect from the date of signing, shall be published in the Community's Official Bulletin. Article 64: This Regulation shall be published by the ECOWAS Commission in the Official Journal of the Economic Community of West African States within thirty (30) days - 43- of its signature by the Chairman of the Council. 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 26TH DAY OF NOVEMBER 2010 .......4.:..i...vL1/t.J ~ . H.E. H. Odein AJUMOGOBIA, SAN CHAIRMAN FOR COUNCIL , ... ECONOMICcor~r~U r~iTf OF WEST AFRICAN STATES COf\1MUNAVTE ECONOMIQUE DES ETATS DE L'AFRlQUE DE L'OUEST .. Six t y fifth Ord inary Se s s ion of t h e Council of Ministers Abuja , 25 to 26 November 20 10 REGULATION C/REG 23/11110 ON THE ESTABLISHMENT AND MODALlTIES OF OPERATION OF A REGIONA L VETERINA RY COMf\qlTTEE WITHIN ECOWAS MINDFUL of Articles 10, 11, and 12 of the Revised ECOWAS Treaty as amended on the establishment of the Council of Ministers and defining its membersh ip and functions; MINDFUL of Articl e 25 of the Revised ECOWAS Treaty en Agricultural Development and Food Security which prescribes that Member States pledge to cooperate in the area of protection of plant and animal species, the strengthening of existing institutions in the rr.anagement of natural disasters and the control of animal and plant diseases; MINDFUL of Decision A1DEC.1 101/05 on adoption of ECOWAS's agricultural policy; MINDFUL of Decisicn C/DEC 11 /5/81 on the components of fight against hunger, multiplication of certain varieties of plant and animal species, funding of research programs and projects for agricultural production, storage and treatment of agricultural products; MINDFUL of Decision AIDEC 5.10/98 of the Conference of Heads of States and Government on transhuman:::e within the ECOWAS region ; MINDFUL of the Additional Act A1SAI 12/01/07 on establishment of a sub-regiona l mechanism of Coordination of the Prevention and Response against Avian Influenza in West Afr ica, RECALLING the V'ITO SPS Agreements (Marrakech Agreement) on animal and plant health as well as food safety items; CONSIDERING that transhurnance is a livestock production system which affects pastoral resource s and increased cattle product ion in the ECOWAS region but it constitu tes, however, a source of numerous health related problems: 2- NOTING that the handling of the issue of veterinary drugs within the ECOWAS region is not homogenous; CONVINCED of the necessity to harmonize legislations and regulations in the area of health and well-being of aquatic and terrestrial animals, food safety of animal products, veterinary pharmacy, zoonoses and the veterinary profession, in order to meet the Community's livestock goals; DETERMINED to establish a Regional Veterinary Committee in the ECOWAS region to address all veterinary issues related to animal health and institute cooperation between member states; ON RECOMMENDATION of the Meeting of ECOWAS Agriculture and Livestock Ministers which was held on 24 February 2010 at Abuja. ENACTS Chapter 1: GENERAL PROVISIONS Artic'e 1: Establishment It is hereby established in the Community, an advisory technical committee called ECOWAS Regional Veterinary Committee hereafter referred to as "The Committee" which is under the authority of the ECOWAS Commission and governed by the provisions of the this Regulation and subsequent rules pertaining to veterinary matters. Article 2: Functions 1 The Committee shall provide technical advice over all community issues and interests in the areas of health and well-being of aquatic and terrestrial animals, the health safety of animal feed, food safety issues, veterinary pharmacy, zoonoses and the veterinary profession. 2 The Committee shall assist the ECOWAS Commission, by providing technical advice and recommendations in the development of community legislation and harmonization of legislations in the aforementioned areas. 3- Chapter 2: MEMBERSHIP AND OPERATION Article 3: Membership 2. The Committee shall be composed as follows: a. The Chief Veterinary Services as per recommendations of the World Organization of Animal Health (OIE), of each individual member states of the Community; b. The Chairmen of the Regional Committee of Veterinary Drugs, zoosanitary legislation, veterinary bodies and associations, food safety, instituted by Regulation C/REG.../06/10 about Community procedures of management of veterinary drugs c. The Chairman of the Regional Phyto-sanitary Committee 2. Depending on the subjects to be addressed, designated ECOWAS Commission Observers shall participate in sessions of the Committee. 3. The Chairmanship of the Committee shall be the Chief Veterinary Officer of the State which holds the Chairmanship of the Head of States and Government of ECOWAS. Article 4: Operation 1. The meetings of the Committee shall be convened by the ECOWAS Commission in consultation with the President of the Committee determines its agenda. 2. Such meetings shall be convened on the initiative of the ECOWAS Commission or at the request of member States. 3. The Committee shall meet at least once a year. The ECOWAS Commission shall provide the Secretariat of the Committee and for the organization of its meetings. 4. The Committee shall adopt its rules, and shall determine the modalities of operation and holding of its meetings. 5. The rules shall be transmitted to the Commission for publication in the Official Bulletin of the Community. - 4- 6. The advisory opinions and recommendations of the Committee shall be transmitted to the ECO\NAS Commission. Article 5: Miscellaneous and Final Provisions 1. The ECOWAS Commission shall set by way of enforcement regulation, immediately upon signing the this regulation, together with the relevant authorities of Member States, to prepare the list of subjects, issues, and aspects of areas listed under Article 2 and requiring a consultation of the Committee. 2. By the same enforcement regulation, the ECOWAS Commission shall set up an indicative list of observers authorized to participate in sessions of the Committee. 3. The provision(s) of this Regulation may be modified by the Council of Ministers of the Community, on the recommendation by the Commission, upon the advice of the Committee. This Regulation shall go into force from the date of signing and shall within thirty (30) days be published in the Official Bulletin of the Community. DONE AT ABUJA, THIS 26TH DAY OF NOVEMBER 2010 J. t' '. :' ;'i: 1\ ," ~ . " ~ / I ;,! .I._~ "r l. / . \ ./ \../ ~~ \ ....__~. • • • • • • •1•••••••'"':••••••••':: ••••:-••••~ •••'. •••••••••••••••• H.E. H. Odein AJUMOGOBIA, SAN CHAIRMAN FOR COUNCIL COMMUNAUTE ECONOMIOUE DES ETATS DE L'AFRIOUE DE L'OUEST ECONOMIC COMMUNITY OF WEST AFRICAN STATES SixtyaSixth Ordinary Session of the Council of Ministers Abuja, 25 to 26 November 2010 REGULATION C/REG.24/11/10 ON THE GUIDING PRINCIPLES ON THE OPERATION OF THE NATIONAL UNITS MINDFUL of Articles iD, 11 and 12 of the ECOWAS Treaty establishing the Council of Ministers and defining its composition and functions; MINDFUL of Decision AlDEC.3/12/90 Upgrading the Status of ECOWAS National Units in the Member States; MINDFUL of Decision AlDEC.5/01/05 dated 19 January 2005 establishing National Focal Points for ECOWAS/NEPAD Programmes: MINDFUL of Regulation C/REG.4/06/05 on the mission, role and functions of ECOWAS National Units: MINDFUL of Recommendation C/REC.1/11/82 relating to the establishment within each Member State of a National Unit responsible for the coordination and monitoring of ECOWAS activities; CONSIDERING the key role of National Units in the implementation of ECOWAS programmes and in the conduct of the regional integration process in Member States: CONVINCED of the need to strengthen the National Units which add value to the Community for the attainment of an ECOWAS of people through its various components; CONSIDERING the need to harmonise the structure, operation and procedures of National Units towards greater efficiency; RECALLING that, in order to play their full role and perform the tasks assigned to them by ECOWAS, it is necessary to make the national units operational as administrative structures, with a simplified, flexible, efficient and affordable management; - 2- DESIROUS to adopt the guiding principles of the operation of the ECOWAS National Units based on a minimum structure and on effective rules and procedures; ON THE RECOMMENDATION of the meeting of ECOWAS National Units which was held in Kaduna on 2nd and 3rd November 2010; ENACTS Article 1: OBJECTIVE This Regulation shall ensure the harmonisation of the structure, role and operation of ECOWAS National Units in ECOWAS Member States with a view to effectively contributing to the promotion of regional integration. Article 2: ESTABLISHMENT AND MANDATE 1. In accordance with the relevant ECOWAS Decisions, each Member State of the Community shall create a National Unit in charge of coordination and monitoring of ECOWAS activities. 2. The National Units shall have the responsibility of coordinating and ensuring the monitoring of ECOWAS programmes in Member States, under the supervision of the Minister responsible for ECOWAS Affairs. Article 3: COMPOSITION 1. To ensure the implementation of its mandate, the National Unit shall be composed of at least: - A National Head of the Unit with the rank of Director; - A Deputy Head; - Two officers in charge of sectoral programmes; - One Communication Officer; - One Documentation Officer; One Accountant; One Bilingual Secretary. Article 4: MISSIONS AND FUNCTIONS 1. The National Unit shall be the entry point of ECOWAS activities in Member States. - 3- 2. To this end, it shall be responsible for: a) Serving as the focal point between the ECOWAS Commission and Member State on all ECOWAS activities; b) Serving as the intermediary between ECOWAS and sectoral departments and all other stakeholders involved in the integration process of Member State; c) Facilitating the organisation of meetings and implementation of activities of ECOWAS Institutions within the Member State; d) Coordinating the implementation, monitoring and evaluation of regional integration programmes in Member States; e) Coordinating the mobilisation and organisation of actors involved in the integration process at the national level and contributing necessary technical support towards the implementation of ECOWAS activities; f) Promoting the visibility of ECOWAS programmes in the Member State through communication activities; g) Facilitating the participation of actors involved in activities organised by ECOWAS in Member States; h) Promoting the participation of the private sector and civil society and other stakeholders in regional integration activities; i) Participating in the decision-making process on ECOWAS matters at the appropriate level; j) Preparing and presenting on a regular basis reports on the status of implementation of ECOWAS integration programmes and ECOWAS activities; k) Ensuring that ECOWAS Acts and Decisions are published in the National Gazette of the Member State; I) Ensuring that the Member State honours its obligations to the Community, including the application of the Community levy. Article 5: NATIONAL CONSULTATIVE COMMITTEE 1. A National Consultative Committee made up of the National Unit, Sectoral Focal Points, Private Sector, Civil Society and all actors involved in the regional integration process is hereby created. - 4- 2. The National Consultative Committee shall meet at least once in three (3) months under the chairmanship of the Minister in charge of ECOWAS Affairs or his/her representative. 3. The National Consultative Committee shall serve as the forum for the exchange of information and assessment of the status of implementation of programmes. The Committee shall also make recommendations regarding the challenges to be tackled in the implementation of programmes. 4. Regular consultations shall be organized between National Units and sectoral Focal Points to ensure effective collaboration and enhance coordination within the context of implementation of integration programmes. Article 6: FUNDING AND FINANCIAL MANAGEMENT 1. In order to ensure the sustainability and effective operation of the National Unit, the retained 4.5% of the proceeds of the Community levy of Member States shall be allocated to the National Unit for funding its activities and regional integration activities undertaken within the Member State; 2. The said retained funds constitute public resources of the Community and shall be lodged in an account opened in the name of the National Unit with two signatories, one of whom shall be the Head of the National Unit. 3. The Minister in charge of ECOWAS Affairs shall approve a costed annual programme of activities prepared by the National Unit. . 4. The National Unit shall prepare a bi-annual report on how the retained funds were used to the ECOWAS Commission. 5. Where so required, the ECOWAS Commission shall request an audit of the Community levy account operated by the National Unit. Article 7: HORIZONTAL RELATIONS AMONG THE NATIONAL UNITS The National Units shall take necessary measures to promote regular cooperation amongst themselves at the bilateral, zonal and regional levels in all their areas of activities. Article 8: GENERAL PROVISIONS This Regulation shall supersede all contrary provisions of any previous Regulation or Decision. - 5- Article 9: FINAL PROVISIONS This Regulation shall be published by the ECOWAS Commission in the Official Journal of the Economic Community of West African States 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 26TH DAY OF NOVEMBER 2010 Ji ,,'. u h"t· ....t:.L.(; l/..~t. 4- H.E. H. Odein AJUMOGOBIA, SAN CHAIRPERSON FOR COUNCIL OIl COMMUNAUTE ECONOMIQUE DES EfATS DE L'AFRIQUE DE L'OUEST ECONO''1lC COMMUNIlY OF WEST AFRICAN STATES Sixty...fifth Ordinary Session of the Council of Ministers Abuja, 25 to 26 November 2010 REGULATION C IREG.25/11/ 2010 ON THE UPWARD REVIEW OF FEES FOR THE EXTERNAL AUDITOR FOR THE 2009/2010 ACCOUNTING YEAR OF ECOVVAS INSTtTUTIONS THE COUNCIL OF rJlINISTERS, MINDFUL of Articles 10, 11 and 12 of the ECOWAS Treaty as amended in February 2010 establishing the Council of Ministers and defining its composition and functions; i\'lINDFUL of the provisions of Article 69 of the ECOWAS Revised Treaty relating to the budgets of Community Institution; MiNDFUL of the provisions of Article 72 of the said Revised ECOWAS Treaty relating to the Community Levy; MINDFUL of the provisions of Article 74 of the said ECOWAS Revised Treaty relating to the Financial Regulations and Manual of Accounting Procedures of Community Institutions; MIN~FUL. of provisions of Article 75 of the Revised ECOWAS Treaty relating to the appointment of External Auditors MINDFUL of Decision A/DEC 15/01/05 r elating to the establishment of an ECOWAS Audit Committee and the adoption of its Terms of Reference; CONSIDERING that the appointment of an External Auditor is in line with the requirements for monitoring the compliance of the accounting activities of Community Institutions and Agencies with the Financial Regulations and Manual of Accounting Procedures of Community Institutions; CONSCIOUS of the fact that sound budgetary and financial management of Community funds is likely to produce significant results in achieving the objectives of regional integration; :- 2- NOTING that the appointed External Auditor Deloitte and Touch Cote d'lvoire has diligently carried out its assignment which was increased due to additional services requested by the Community; CONSIDERING that these additional services require an upward review of the previous contractual agreement; ON THE RECOMMENDATION of the seventeenth Meeting of the Audit Committee which held in Abuja from 22 to 24 November 2010; ENACTS ARTRCLE 1 : The lump sum of contractual fees to be paid to the External Auditor for the audit of the 2009 and 2010 accounts of ECOWAS Institutions and Agencies shall be Three Hundred and Twenty Thousand US Dollars (USD 320 000) . This shall be the only amount payable to the External Auditor. ARTICLE 2: Entry into force This Regulation shall enter into force upon its signature by the Chairman of the Council of Ministers. ARTICLE 3: Publication This Regulation shall be published by the Commission in the Official Journal of the Community within thirty (30) days after its signature by the Chairman of the Council of Ministers. It shall also be published by each Member State in its Official Gazette thirty (30) days after its notification of the Regulation by the Commission. DONE AT ABUJA, THIS 26TH DAY OF NOVEMBER 2010 ~. .: \ 1 ~I .............·:t.~ :.;.: L~('L,: ;~ ..~:p ~' . H.E. H. Odein AJUMOGOBIA, SAN CHAIRPERSON FOR COUNCIL COMMUNAUTE ECONOMIQUE OES ETATS DE L'AFRIQUE DE L'OUEST ECONOMIC COMMUNITY OF WEST AFRICAN STATES Sixty...fifth Ordinary Session of the Council of Ministers Abuja, 25 - 26 November 2010 REGULATION C/REG.26/11/10 ADOPTING NEW MEASURES FOR IMPROVING THE ADMINISTRATIVE AND FINANCIAL MANAGEMENT OF COflllMUNITY INSTETUTUONS THE COUNCIL. OF MINISTERS, MINDfUL of Articles 10, 11 and 12 of the ECOWAS Treaty as amended in June 2006 establishing the Council of Ministers and defining its composition and functions; MINDFUL of Decision A1DEC.4112/01 restoring the position of Financial Controller of Community Institutions; MINDFUL of Decision A/DEC.15/01/06 relating to the establishment of an ECOWAS Audit Committee and adoption of its mandate and terms of reference; MINDFUL of Regulation C/REG.15/12106 adopting the internal audit charter; CONSIDERING t hat the transformation of the Executive Secretariat into a Commission as well as the restructuring of other Community Institutions was aimed at improving their performances and adapting to international standard; CONSIDERING the need for Community Institutions to initiate, facilitate and monitor the implementation of operational activities which will contribute to accelerating the regional integration process; CONSCIOUS that the direction, management and effective monitoring of the administrative, financial and .accounting activities of Community Institutions contribute in ensuring their effective functioning; 2- NOTING that in spite of the improvements recorded, efforts still need to be made by all Community Institutions in their various fields of activity in order to enhance their performances; DESIROUS of seeing these Institutions redouble their efforts with the view to improving their administrative and financial performances; ON THE RECOMMENDAT&ON of the Financial Controller of Community Institutions during the sixty-fifth ordinary session of the Council of Ministers held in Abuja from 25 to 26 November 2010 and the 1ih Audit Committee meeting held in Abuja from 22 to 24 November 2010; ENACTS ARTICLE 1 The President of the Commission shall put in place instruments of delegation of powers to all Heads of Institutions and competent officials of the Commission so as to facilitate the smooth running of operations and implementation of activities. ARTICLE 2 1. The ECOWAS Commission shall carry out a comprehensive assessment of capacity needs for the management of the community levy placed under the Finance Directorate. 2. The Community Levy Management Unit shall be properly restructured for more effective and efficient community levy management. ARTICLE 3 The ECOWAS Commission shall submit to Council for approval, the recommendations from the stakeholder's workshop on the community levy, regarding: a) amendments to the texts governing community levy; a) adoption of harmonised procedures for liquidation, collection and payment of community levy proceeds; c) guidelines relating to the use and management of grants to National Units; ART6CLE 4 The ECOWAS Commission shall: 1. finalise and share with the Audit Committee the poiicies governing human resources including a manual of recruitment no later than 31 March 2011. COMMUNAUTE ECONOMIQUE DES ETATS DE L'AFRlQUE DE l'OUEST ECONOMIC COMMUNITY OF WEST AFRICAN STATES Sixty fifth Ordinary Session of the Council of Ministers Abuja, 25 to 26 2010 REGULATION C/REGI: 21111/10 ADOPTING THE 2009 AUDITED FINANCIAL STATEMEft!TS OF THE ECOWAS COMMISSION THE COUNCIL OF f\l1IN1STERS, MINDFUL of Articles 10, 11 and 12 of the ECOWAS 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 ECOWAS Institutions; MINDFUL of the Financial Regulations and Manual of Accounting Procedures of the Institutions of ECOWAS, as amended by Regulation C/REG.2/12/95; MINDFUL of Decision AlDEC.19/01/06 appointing the firm «Deloitte and Touche, Cote d'lvoire» as the External Auditors of the Community Institutions; MINDFUL of the contract between ECOWAS and the firm, « Deloitte et Touche, Cote d'lvoire, » signed on 1 April 2006 relating to the conditions under which the services of the External Auditors of the Community Institutions shall be provided; AFTER CONSIDERING the report of the firm, «Deloitte and Touche, Cote d'lvoire », on the 2009 financial statements of the ECO\NAS Commission; ON THE RECOMMENDATION of the Seventeenth meeting of the Audit Committee, held in Abuja from 22nd to 24th November 2010: -2- ENACTS ARTICLE 1: The audited financial statements of the ECOWAS Commission for 2009 is hereby adopted. ARTICLE 2: This Regulation shall be published in the Official Journal of the Community by the ECOWAS Commission within thirty (30) days of its signature by the Chairman of the Council of Ministers, It shall also be published within the same timeframe each Member State in its Official Gazette. DONE AT ABUJA, THIS 26TH DAY OF NOVEMBER 2010 f ('-· ' 1 !. ! \ .i ._ ,.. 'f /1. / \.... {- " / /" / -.:::,... l.; L..!.-: h .. H.E. Ha Odein AJUMOGOBIA, SAN CHAIRMAN FOR COUNCIL ECONOMIC COMMUNITY OF vas: AFRICAN STATES COMMUNAUTE ECONOMIQUE DES fiATS DEL'AFRIQUE DEL'QUEST .. ... Sixty fifth Ordinary Session of the Council of Ministers Abuja, 25 to 26 2010 REGULATIOt~C/REG" 28/11/10 ADOPTlf;SG THE 2009 AUDITED FINANCIAL STATEMENTS OF THE ECOWAS PA.RLIAMENT THE COUNCIL OF MINISTERS: MINDFUL of Articles 10, 11 and 12 of the ECOWAS Treaty as amended in June 2006, establishing the Council of Ministers and defining its composition and functions; MINDFUL of Article 75 of the Treaty appointing the External Auditors of ECOWAS Institutions; MINDFUL of the Financial Regulations and Manual of Accounting Procedures of the Institutions of ECOWAS, as amended by Regulation C/REG.2/12/95; MINDFUL of Decision AlDEC.19/01/06 appointing the firm «Deloitte and Touche, Cote d'lvoire» as the External Auditors of the Community Institutions; MINDFUL of the contract between ECOWAS and the firm, ({ Deloitte and Touche, Cote d'lvoire », signed on 1 April 2006 relating to the conditions under which the services of the External Auditors of the Community Institutions shall be provided; AFTER CONSIDERING the report of the firm, « Deloitte and Touche, Cote d'lvoire », on the 2009 financial statements of the ECOWAS Parliament; ON THE RECOMMENDATION of the Seventeenth meeting of the Audit Committee, held in Abuja from 22nd to 24th November 2010; ... . -2- ENACTS ARTICLE 1 The audited financial statements of the ECOWAS Parliament for 2009 is hereby adopted. ARTICLE 2 This Regulation shall be published in the Official Journal of the Community by the ECOWAS Commission within thirty (30) days of its signature by the Chairman of the Council of Ministers. It shall also be published within the same timeframe by each Member State in its Official Gazette. DONE AT ABUJA, THIS 26TH DAY OF NOVEMBER 2010 -, ·1 ( : 1 ., /'L ' .. t. f.) IL r : I'~ 'l I J ... I I /,' r l' t -_. ...... ~ t ~ :... " \ :::-::-.-.~ .. H.E. H. Odein AJUMOGOBIA, SAN CHAIRMAN FOR COUNCIL - 2 - ENACTS ARTICLE 1: The audited financial statements of the West African Health Organisation for 2009 is hereby adopted. ARTICLE 2: This Regulation shall be published in the Official Journal of the Community by the ECOWAS Commission within thirty (30) days of its signature by the Chairman of the Council of Ministers. It shall also be published within the same timeframe by each Member State in its Official Gazette. DONE AT ABUJA, THIS 26TH DAY OF NOVEMBER 2010 (. h{- l A' ,r • "." , •~ • /".1,' t- ... -:, ~;..k~.L , ~ :-:7':':' H.E. H. Odein AJUMOGOBIA, SAN CHAIRMAN FOR COUNCIL ECONO!"llC COMMUNITY OF WEST AFRICAN STATES COMlvlUNAUTE ECONOMIQUE DES trATS DEL'AFRIQUE DE L'OUEST Sixty fifth Ordinary Session of the Council of Ministers Abuja, 25 to 26 November 2010 REGULATION C/REG 30/11/1Q ADOPTING THE 2009 AUDITED FINANCIAL STATEMENTS OF THE COMMUNITY COURT OF JUSTICE THE COUNCIL OF MINISTERS t MINDFUL of Articles 10, 11 and 12 of the ECOWAS 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 ECOWAS Institutions; MINDFUL of the Financial Regulations and Manual of Accounting Procedures of the Institutions of ECOWAS, as amended by Regulation C/REG.2/12/95; MINDFUL of Decision NDEC.19/01/06 appointing the firm «Deloitte and Touche Cote d'lvoire» as the External Auditors of the Community Institutions; MINDFUL of the contract between ECOVvAS and the firm, « Deloitte and Touche Cote d'lvoire », signed on 1 April 2006 relating to the conditions under which the services of the External Auditors of the Community Institutions shall be provided; AFTER CONSIDERING the report of the firm, «Deloitte and Touche Cote d'lvoire », on the 2009 financial statements of the ECOWAS Parliament; ON THE RECOMMENDATiON of the Seventeenth meeting of the Audit Committee, held in Abuja on 22nd to 24th November 2010; .. It - 2 - ENACTS ARTICLE 1: The audited financial statements of the Community Court of Justice for 2009 is hereby adopted. ARTICLE 2: This Regulation shall be published in the Official Journal of the Community by the ECOWAS Commission within thirty (30) days of its signature by the Chairman of the Council of Ministers. It shall also be published within the same timeframe by each Member State in its Official Gazette. DONE AT ABUJA, THIS 26TH DAY OF NOVEMBER 2010 L- (.... It .. .; i/l /:L[f· 'Q i. , I .~. t"...""- - ......~....... ..: :~ ~.... . \.~ . a.s. H. Odein AJUMOGOBIA, SAN CHAIRMAN FOR COUNCIL COlli\MUNAUTE ECONOMIQUE DES ETATS DEL'AFRIQUE DE L'OUEST ECONOMIC COIv1MUNITY OF WEST AFRICAN STATES SixtyaFifth Ordinary Session of the ECOWAS Council of Ministers Abuja, 25-26 November 2010 REGULATION C/REG.31/11/10 ON UTILISATION OF SURPLUS FUNDS FROM THE COMMUNITY LEVY FOR CO-FINANCING V\JITH UEMOA THE EMERGENCY POWER SUPPLY PROGRAMrJlE FOR BISSAU MINDFUL of Articles 10, 11 and 12 of the ECOWAS Treaty creating the Council of Ministers and defining its composition and functions; MINDFUL of Supplementary Act AJSA.4/1/08 adopting the Emergency and Security Plan for Power Supply (ESPPS); MINDFUL of Decision NDEC.3/5/82 of the Authority of Heads of State and Government on the ECOWAS Energy Policy;; MINDFUL of Decision A/DEC.5/12/99 of the 22nd Summit of Authority of Heads of State and Government relating to the establishment of a \Nest African Power Pool (WAPP); CONSIDERING item 20 of paragraph E of the Final Communique of the 35th Ordinary Session of the Authority of Heads of State and Government held on 19 December 2008 and relating to the establishment of a special emergency plan for power supply in Guinea Bissau; CONSIDERING Resolution NO.6 of the Ninth Meeting of ECOWAS Ministers of Energy dated 29 August 2008; CONSIDERING that the ECOWAS Commission and UEMOA Commission as well as WAPP undertook a joint mission to Guinea Bissau in February 2010 to assess the technical and financial requirements of providing power to the capital city of Bissau; CONCERNED with the present state of affairs characterised by various obstacles in the production and distribution of energy, particularly the supply of fuel and lubricants to operate existing installations in Bissau hydroelectric power station; '". ' .. - 2- NOTING that no alternative arrangement had been made for the purchase of fuel, lubricants and spare parts necessary for the effective operation of the production capacity and installed distribution; AWARE that in-depth analyses had led to the definition of a special assistance programme by the ECOWAS Commission and UEMOA Commission to complement the efforts of development partners in the provision of the generators and restoration of the electricity distribution network for the gradual return of Bissau into a secure and pleasant town; RECALLING the convention signed on 11 August 2010 in Bissau between the Government of Guinea Bissau, ECOWAS, UEMOA and WAPP for the adoption of the said programme; TAKING NOTE of the fact that the operational needs of these installations have been estimated at US$10,OOO,OOO for a continuous period of at least a year; RECALLING that the ECOWAS Commission and UEMOA Commission, after the consideration of the report, agreed to provide 60% and 40%. respectively toward the financing of the requested assistance; DESIROUS of authorising the utilisation of surplus funds from Community levy as ECOWAS contribution to the programme; ENACTS Article 1: The utilisation of US$6,OOO,OOO from the surplus of Community levy is hereby authorised to co-finance the emergency power supply programme for Bissau. Article 2 : This Regulation shall be published by the ECOWAS Commission in the Official Journal of the Economic Community of West African States 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 26TH DAY OF NOVEMBER 2010 ...... .J ......LL.:.'.LL...·h....':. s.::- H.E. H. Odein AJUMOGOBIA, SAN CHAIRMAN FOR COUNCIL 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, 25 to 26 November 2010 REGULAT~ONC/REG.32/11/10 RETROACTIVELY VALIDATING ON EXCEPTIONAL GROUNDS SOME ADMINISTRATIVE ACTIONS OF THE PRESIDENT OF THE COMMISSiON THE COUNCIL OF MINISTERS, MINDFUL of Articles 10, 11 and 12 of the ECOWAS Treaty as amended establishing the Council of Ministers and defining its functions and composition; MINDFUL of Article 10 paragraph 3 of the Revised Treaty which tasks the Council of Ministers to ensure the smooth running and development of the Community; MINDFUL of the 2010 Final report of the Financial Controller which was presented at the sixty-fifth ordinary session of the Council of Ministers and particularly in its paragraph 166 and 167 respectively on the appointment of the acting Director of Cabinet and the payment of allowances to cover expenses for domestic staff Cif statutory officers; MINDFUL of the Memorandum of the President of the Commission on administrative issues which was presented to the aforementioned session of the Council of Ministers; CONSIDERING that some misunderstanding over the interpretation of ECOWAS texts arose between the President of the Commission and the Financial Controller of Community Institutions, with regards to the appointment by the President of the Commission of his acting Director of Cabinet and the issuance of short-term contracts to domestic staff of the President in the place of the allowance provided by the Regulation on the conditions of service of statutory officers; NOTING that following the referral of the matter by the President of the Commission, the Chairman of the Council of Ministers, acting on behalf of Council, acceded to the requests made by the President of the Commission given the exceptional circumstances associated with the short duration of the tenure of the latter; - 2- CONSCIOUS of the need to ensure that the activities of the Commission continue without hindrance and in order to promote the smooth running as well as effective and harmonious development of the Commission ; CONVINCED that reaffirming the authority of the President is essential for the good governance of the Commission; RECALLING also the obligation of all to scrupulously respect Community texts; RECALLING that in the exercise of it duties, the Financial Control should work towards assisting the Heads of Institutions to ensure good governance of the institutions they oversee; DESIROUS to accord special attention to the exceptional circumstances of the brevity of tenure of the President of the Commission. ENACTS Article 1: The actions of the President of the Commission in appointing an acting Director of Cabinet and issuing short-term contracts to his domestic staff are hereby approved and retroactively validated on exceptional grounds and as a result of the special circumstances. Article 2: The Financial Controller of Community Institutions shall approve the payment of arrears due to the acting Director of Cabinet and shall undertake prior verification on the salary and allowances paid to the acting Director of Cabinet. Article 3: 1. . The short-term contracts referred to in paragraph 1 of this Regulation which should run for the duration of office of the President of the Commission are given to the domestic staff in the place of the allowance provided to cover expenses for these staff by the Regulation relating to the conditions of service of statutory appointees. 2. The Financial Controller of Community Institutions shall approve the payment of arrears in application of the short-term contracts of the domestic staff of the President of the Commission and shall undertake prior verification of the salaries and allowances paid to this staff. 3 - - 3- Article 4: This Regulation shall be published by the ECOWAS Commission in the Official Journal of the Community within thirty (30) days of its signature by the Chairperson of the Council of Ministers. It shall also be published by each Member State in its National Gazette within thirty (30) days of notification by the Commission. DONE AT ABUJA THIS 26TH DAY OF NOVEMBER 2010 .........f.:..J!k~~:D...~ ..... H.E. H. Odein AJUMOGOBIA, SAN CHAIRMAN FOR COUNCIL , . COMMUNAUT E EC OIIOM I O UE D ES ETATS D E L'AFRIOUE D E L'OU ES T EC DtlOM IC CO M MUIlITY OF W EST AF RICAII ST A TES ; SOIXANTE CINQUIEr-1E SESSION ORDINAIRE DU CONSEIL DES I-tINISTRE S S I XTY FIFTH ORD INARY SESSION OF THE COUNCIL OF MINISTERS ABUJA 25 - 26 NOVEMBRE .2010 L1STE DES DIRECT IVES DU CONSEIL DES MINISTRES/LlST OF DIRECT IVES OF THE COUNC IL OF MINISTERS 1. DIRECTIVE CIDIR.1I11 /10 relative a la Pharmacie veterinalre de la CEDEAO DIRECTIVE CID IR.l1 /11/10 on ECOWAS veterinary pharmacy Fr En f.CONOr--lIC LOf"i r-'jU ~~ rrY CF COMr--tiJ('JPIJTf ECO!,IQf.;IIQUE DES ETATS DE L'AFRIQUE DE L'OUEST Sixty fifth Ordinary Session of the Council of Ministers Abuja, 25 to 26 Novem ber 2010 DIRE CTI V E C/DlR.1 /1 1/10 ON ECOWAS V ETERINARY PHARMACY T ilE COUNCIL OF MIN ISTERS, MINDFUL of Articles 10, 11, and 12 of the Revised ECOWAS Treaty as amended on the creation of the Council of Ministers and defining its composition and functions; MINDFUL of Article 25 of the Revised ECOWAS Treaty on Agricultural Developm ent and Food Security and prescribing that member states pledge to cooperate in the area of the protection of plant and animal species, controlling animal and plant diseases and the strengthening of existing institutions in the management of natural disasters; MINDFUL of Decision AlDEC.11/01/05 on the adoption of the ECOWAS Agricultural Policy; MINDFUL of Decision C/DEC/.1/5/S1 on the components of the fight against hunger, ext inction of certain plant and animal spec ies, of funding programs of research and agricultural projects of production, storage and treatment of agricultural prod ucts; MINDFUL of Decision A/DEC.5/10/9S of the Confere nce of Head of States and Government on transhum ance within the ECOWAS region; MINDFUL of the supplementary Act AlSA 12/01/07 on the creation of a Sub­ reg ional Mechanism of Coordination of the Prevention and Response against Av ian Influenza in West Africa; Rec alling the WTO SPS Agreements (Marrakech Accord ) on animal and plant health as we ll as food safety items; Constderinqthat transhurnance is a livestock production systemwhich affects pastoral resources and increased cattle production within the ECOWAS Region'; but it constitutes, however, a source of numerous health related problems; Noting that the handling of the issue of veterinary drugs and biologicals in the ECOWAS region is not homogenous; Convinced on the need to harmonize legislations and regulations in the areas of plant, animal and aquatic health as well as their well-being, animal feed and food safety, veterinary pharmacy, zoo noses and the veterinary profession, in order to meet the livestock goals of the Community; Determined to create and set rules on Veterinary Pharmacy within the ECOWAS region in order to address all veterinary drug use and supply issues as it relates to animal health and institute cooperation among member states; On the Recommendation of the Meeting of the ECDWAS Ministers of Agriculture and Livestock, held in Abuja on 3rd February 2010. PRESCRIBES CHAPTER I: DEFINITIONS AND SCOPE OF APPLICATION Article 1: Definitions 1. The definitions in Article 1 of the Regulation C/REG.22/11/1 0 on community Procedures for the Management of Veterinary Drugs and Biologicals are applicable to these Guidelines. 2. For the enforcement of these Guidelines, the veterinary authority is that which is defined by the Terrestrial Animals Code of the World Organization for Animal Health (DIE). Article 2: Scope of application 1. The provisions of these guidelines describe and prescribe the procedures and rules that Member States shall enforce in the areas of control of imports and exports, movement and marketing, the opening and operation of manufacturing establishments, marketing and distribution of veterinary drugs and biological, retail and wholesale within the ECOWAS region. 2. The provisions of these guidelines shall also apply to veterinary drugs and 2 "biotoqicats for testinq,...sales. Honations or presented as raw materiais for veterinary drugs and bioloqicals and medicinal premixes. 3. The medicinal feeds are governed by special provisions in these GUidelines. . .. CHAPTER 2: AUTHORIZATION TO MARKET, IMPORT AND INTRA­ COMMUNITY MOVEMENT Article 3: Requirement of a marketing authorization 1 Except for medicinal feeds, no veterinary drugs and/or biologicals shall be distributed on the Community's market without prior market authorization issued by the Commission in the conditions mentioned in Regulation C/REG.22/11/10 relating to the Community Procedures on Management of Veterinary drugs and biological;. 2. However, a veterinary drug and/or biological shall: a be subjected to a pre-clinical and/or clinical trials after authorization by the ECOWAS Commission under conditions stipulated in Regulation C/REG.22/11/10 on community procedures of management of veterinary drugs and biologicals; b be used in a member state with special authorization issued according to conditions stipulated under articles 19 and 20 of Regulation C/REG.22/11/10 on Community Procedures of Management of Veterinary Drugs and Biologicals. Article 4: Requirements for Imports of veterinary drugs and biologies 1. Imports of veterinary drugs and/or biologicals shall be subject to authorization by the veterinary authority of the importing member state. The modalities for issuance of the authorization shall be set by member states. 2. Authorization to import shall be requested: a. By the officer of an establishment which has the administrative authorization referred to under article 10 of the Regulation C/REG. 22/11/10 on Community Procedures of Management of Veterinary drugs and biologies as agent acting on behalf of the holder of a Marketing Authorization or by the official of an authorized wholesale distributor; 3 3. b. For research purposes, by the otncer of an establishment having received administrative authorization, as per Article 8 of these directives, and acting on behalf of the promoter of the research or by investigators or researchers themselves upon proving their qualification. The request for authorization to import authorized veterinary drugs and biologies shall include at least the following items: a. The name of the drug and the holder of the Market Authorizations (MA), b. The number and references of the batches involved, c. The origin of the drugs and their destination, d. The composition of drug, strength, dosage, form and quantities requested, e. A copy of the marketing authorization. f. Address of manufacturer 4. The request for authorization to import batches of drugs for clinical trials and/ or research shall specify the name of the trial, investigator or promoter, the quantity to be imported, the destination of the product and the reference at experimentation or authorization to experiment. This authorization to import is only valid for a single experiment or trial. 5. Special authorizations of use provided for under articles 19 and 20 of Regulation C/REG.22/11/10 on community procedures of Management of Veterinary Drugs and Biologicals shall be valid as import authorization. The imported drugs, in that respect, shall move only within the Community in transit to the State which has provided the authorization. Article 5: Conditions for circulation of veterinary drugs and biologicals 1. Any drug authorized by the centralized procedure and imported shall be circulated freely in the Community territory, provided it shall be accompanied with the marketing authorization and the authorization to import issued by the Member State for entry into the Community. 2. Any drug authorized by the centralized procedure and manufactured by one of the Member States of the Community shall circulate freely within the Community accompanied with the marketing authorization and the certificate of the manufacturer. 4 CHAPTER 3: MANUFACTURE, WHOLESALE DISTRIBUTION, IMPORTS AND EXPORTS Article 6: Representation requirement or authorized branch The member states shall take the legal and administrative measures to ensure that the manufacture, importation, wholesale distribution and exportation of veterinary drugs and biologicals are subject to clinical trials to be carried out only by businesses or agencies having one or several certified veterinary pharmaceutical establishments and operating under conditions governed by these guidelines. Article. 7: Procedures for opening or changing ownership of Veterinary Pharmaceutical Establishment 1. The opening, modification, or change of ownership of a veterinary pharmaceutical establishment shall be the subject of prior authorization issued by the relevant veterinary authority without prejudice to the other necessary conditions for the exercise of the corresponding industrial or commercial activity. 2. Anyone who requests opening, change in ownership or modification to a pharmaceutical establishment shall submit a request to the relevant veterinary authority. 3. The opening authorization of a veterinary pharmaceutical establishment shall be issued to the business or agency by the veterinary authority, after relevant investigation, inspection and consultation with the Veterinary council that the pharmaceutical officer reports to. a. When a business or agency has several veterinary pharmaceutical establishments, each one of them shall have a separate authorization. b. For establishments where veterinary drugs and biologics are manufactured or imported, the authorization shall specify the nature of the drugs concerned, namely chemical, immunological, or medicinal plant based. c. The authorization to open shall specify the activity for which it is certified. For a single establishment, the authorization may mention several activities. d. The duration of the process of authorization shall not exceed a period of ninety (90) days from the date of receipt of a duly completed application form.. e. The veterinary authority shall request the applicant to provide any additional information necessary for the processing of the application. The deadline 5 scheduled above shall 111 this case be suspended urli;i such information is provided. . f. Any positive or negative decision shall be communicated to the applicant. g. If, in a period of two (2) years following the notification of opening authorization, the establishment is still not operational, its authorization loses its validity. However, upon justification given before expiry of the said deadline, this authorization shall be extended by the veterinary authority. ~ 4. Prior authorization shall be necessary for any modification concerning the premises and technical equipment as described in the file taken into account for the issuance of the initial authorization. 5. For establishments which manufacture or import drugs, such prior authorization shall also be necessary for an extension of activity to new pharmaceutical forms or, veterinary drugs and biologicals of another nature than those listed in the initial authorization. 6. The duration of the procedure shall be ninety (90) days from the date of receipt of the complete application. 7. The relevant authority shall request from the applicant any additional information necessary for processing the application. The period scheduled above shall in this case be suspended until provision of the information. 8. In case of change of ownership of a veterinary pharmaceutical establishment, a request for transfer of the opening authorization to the new business or new agency shall be addressed to the veterinary authority. 9. The administrative authorization shall be, after formal notice, suspended, or withdrawn by the veterinary authority in case of violation of the provisions of this Section. The suspension which shall not exceed one (1) year, and the withdrawal of the opening authorization, shall be pronounced by the veterinary authority. Except in a case of an emergency, these decisions shall be implemented after the individual has been invited to present his/her comments. Article 8: Veterinary Pharmaceutical Establishments: Administration and Operation .. 1. Any enterprise which includes at least one veterinary pharmaceutical establishment as indicated in Article 7 above, shall be owned either by a veterinary pharmacist, or a veterinary doctor, or a holding company with 6 participation of a veterinary pharmacist or-a veterinary doctor according to the provision of corporate law in force in the memberstate. . 2. Any agency which includes at least one veterinary pharmaceutical establishment as indicated Article 7 above shall have within its executive management either a veterinary pharmacist or a veterinary doctor. \ 3. The veterinary pharmacists or veterinary doctors referred to under the previous paragraphs are called "Pharmaceutical Officers". They shall be responsible for the implementation of the provisions on veterinary pharmacy in the company, without prejudice to the corporate accountability of the company in case of failure to implement the provisions of these Guidelines on veterinary pharmacy. 4. In every veterinary pharmaceutical establishment of the enterprise or the agency, where veterinary drugs and biologicals are wholly or partially a component of its production, there shall be in its employ a veterinary doctor or veterinary pharmacist who shall be responsible for the implementation of these guidelines on veterinary pharmacy. When the pharmaceutical officer exercises his activities in one of the pharmaceutical establishments of the enterprise or the agency, the designation of veterinary pharmacist or veterinary doctor shall not be mandatory in this establishment; 5. The pharmaceutical officer(s) shall have relevant practical experience: a. Exercising authority in one or several establishments for manufacture or marketing of veterinary drugs and biologicals in a Community Member State or a third country where similar provisions are in force. All or part of this experience may have been acquired in one or several establishments authorized to manufacture human drugs in a Community member state or in a third country where similar provisions are in force. The pharmaceutical officer(s) shall justify that such practical experience, which shall be at least one (1) year, involves activities in the qualitative analysis of drugs, the quantitative analysis of active ingredients as well as trials and verifications necessary to ensure the good quality of drugs; b. In those enterprises or agencies and their wholesale distribution pharmaceutical establishments (wholesale distributor or agent), the pharmaceutical officer shall have practical experience of at least six (6) months in a pharmaceutical establishment dealing with human drugs or a veterinary pharmaceutical establishment. 7 Article 9: Control of compliance of veterinary drugs and biologica.ls·· ... The member states shall take legal and administrative measures to ensure that the manufacture, importation, and wholesale distribution of veterinary drugs and biologicals shall comply with principles of best practices as defined by decision of the veterinary authority. Article 10: Modalities of distribution or commercialization of veterinary drugs and biologicals 1. The member states shall ensure that the veterinary drugs and biologicals are commercialized by animal health professionals authorized under the following conditions: a) Either the manufacturer shall carry out his/her own activity, Le., sells wholesale, or gives free of charge those drugs that he/she has manufactured; Or b) The manufacturer or holder of the marketing authorization shall resort to an operator who may be the authorised representative. 2. The operators and holder of marketing authorization of veterinary drugs and biologies shall distribute drugs only to other enterprises authorized to distribute them wholesale or to individuals or entities entitled to retail them. 3. The distributors of drugs submitted for clinical trials shall distribute these drugs only to other distributors, investigators, individuals or entities entitled to exercise similar activities outside the national territory. 4. The enterprises or agencies that have marketing Authorizations shall export out of the Community territory, veterinary drugs and biologicals that they manufacture or sell, or give free of charge or distribute. 5. The concessions undertaken by these enterprises or agencies towards other Community Member States shall only be intended for individuals or entities authorized to retail these drugs, or in the case of medicinal feeds, to use them in these States. 6. All these stakeholders involved in the distribution channel shall store veterinary drugs and biologicals in a conducive environment, either as wholesale or for distribution free of charge. Article 11: Prohibition for Sale to the Public 1. The veterinary pharmaceutical establishment shall not be allowed to sale to the public: 8 2. However, for medicinal feeds,ve~erinary pharrnaceutical establishments shall not be authorized to sell or distribute veterinary drugs and bioloqicals to the public, unless prescribed by a veterinary doctor. 3. The Ministry of Livestock/Agriculture of a member state or the public or semi-public establishments under such ministry can acquire veterinary drugs and biologicals directly from- veterinary pharmaceutical establishments, through authorized agents for the realization of missions that they must conduct in terms of prophylaxes or sanitary control measures. Article 12: Pharmaceutical Officers and the Veterinary Pharmaceutical establishment 1. The member states shall ensure that veterinary pharmaceutical establishments operate under the effective responsibility of a pharmaceutical officer in accordance with the rules defined in Article 8 of these Directives. 2. Any act contributing to veterinary pharmaceutical activities shall be carried out under the effective control of a pharmaceutical officer who shall fulfill, depending on the case, the conditions of professional practice in the member state. The pharmaceutical officer of an enterprise or agency shall exercise his activities in a permanent and continuing manner. Any pharmaceutical officer in the employ of a pharmaceutical company shall not while in that employment maintain either a human or veterinary pharmacy for dispensing of veterinary drugs to farmers groups or individual in the case of pharmacists except where such functions are part of his employment. 3. The qualification of a pharmaceutical officer shall be recorded for only one enterprise. 4. In case of absence of the pharmaceutical officer as a result of his being called for another business, there shall be a replacement officer who shall hold and act in that capacity for a maximum period of one year. 5. Deputies shall be appointed to assist the pharmaceutical officers in case of need. For application of these guidelines, these deputies are individuals, who, fulfil! the conditions of practice of pharmacy or veterinary medicine in the member state, or practice their activity in a pharmaceutical establishment, with the pharmaceutical officers or his deputy who is in charge or who is acting. 6. In case of absence or impediment to the functions of the pharmaceutical officer or his deputy, he shall be replaced without delay by a new pharmaceutical officer by the competent bodies of the firm or company. 9 t " Tiie. veterinary doctors-orveterinarvpharmacists employed in veterinary ." pharmaceutical establishments as pharmaceutical officers, or deputies si Idll be registered with the competent legal professional body and shall be subject to the ethical rules and to the discipline of their profession. Article 13: Functions of the pharmaceutical establishment officer For the application of rules prescribed in public health interest, the Member States shall ensure that the pharmaceutical officer fulfils the following functions to the extent that they correspond to the activities of the firm in which he practices and are defined under Article 1 of Regulation on Community Procedures in the Management of Veterinary drugs and biologicals: 1. He shall organize and monitor the entire pharmaceutical operations of the firm, or the organization, in the area of manufacturing, advertizing, information, pharmacovigilance, monitoring and withdrawal of batches, distribution, importation and exportation of veterinary drugs or biologicals as well as corresponding storage operations; 2. He shall ensure that transport conditions guarantee the quality preservation, integrity, quality and safety of these veterinary drugs or biologicals; 3. He shall sign, after reading and agreeing with the report file, any administrative authorization request related to activities that he organizes and supervises; 4. In the absence of, or incapacity of the pharmaceutical officer or his deputies, the Authority shall approve their replacement. 5. He shall inform the management of the firm or organization about any obstacles affecting the performance of his duties. Article 14: APPLICATION OF BEST PRACTICES The member states shall undertake the legal and administrative measures to ensure that: 1. The veterinary pharmaceutical establishments operate in accordance with best practices applicable to them and that they shall possess notably: a) Premises which are prepared, structured and maintained depending on the pharmaceutical operations carried out there; b) Necessary human and material resources needed to carry out these activities; 10 ·~t Establishments take' all the necessary measures to ensure 'that transport and delivery of veterinary drugs or biologicals are handled in conditions guaranteeing their good conservation, integrity, quality, efficacy and safety. Article 15: Procedures for Compliance with Best Practices and Veterinary Safety In addition to the general obligations in Article 14 above, the manufacturers of veterinary drugs and/or biologicals: 1. Shall justify, at any moment, that the products that they used to manufacture and distribute are in conformity with the agreed procedures and that the necessary control operations have been complied with; 2. Shall ensure that all operations of manufacturing of veterinary drugs and biologicals which are the object of marketing authorization shall be conducted in accordance with the data file of this authorization accepted by the ECOWAS Commission. They shall re-assess, and if necessary, shall modify their methods of manufacture according to the scientific and technical progress made. Should the case arise, the manufacturer shall advice the holder of the marketing authorization and the operator of the veterinary drugs and/or biologicals of these modifications; 3. Shall ensure that each batch of veterinary drugs and biologicals which is authorized on the market is subject to a finished product check as detailed in the authorization file prior to the release of the batch. When batches of veterinary drugs or biologicals being authorized on the market are imported from another Member State of the Community, the accounts of the control corresponding to such batches shall be held by the manufacturing establishment located in this Member State as indicated in Article 7 of this Guideline. The holder of the authorization shall inform the veterinary authority of the identity of the holder of these accounts; 4. Shall ensure that the veterinary drugs and/or biologicals that are subcontracted shall be manufactured by duly authorised manufacturers under the legislation or regulations of the Member State concerned and shall be subjected to the best practices equivalent to those in force in the Community; 5. Shall have a quality control laboratory which shall be placed under the authority of a person with necessary qualifications required to manage the laboratory and shall be independent of the other officials, namely those of production. The control laboratory shall be well equipped with the necessary personnel and materials to undertake the necessary controls and tests on the raw materials and packaging articles as well as the controls of intermediate level and finished products. 11 6 Sh111 h~"e a documentation system which Includes the soecifications•. ihe manufacturing formulas, the procedures and statements, reports and recordings, covering the various operations that they shall undertake. The documents on each batch shall be kept by the veterinary pharmaceutical establishment 0 for at least one year after the expiry date of the batch concerned and for at least five years after its retail; 7. Shall register and immediately declare to the veterinary authority when they become aware of it, after the marketing of a batch of veterinary drugs and/or biologicals, any incident or accident that may occur during the manufacturing or the distribution of this batch and can likely cause a public health hazard. Article 16: Obligations of Pharmaceutical Establishments Without prejudice to the general obligations stipulated under Article 14 of this Directives; 1. Any veterinary wholesale distribution pharmaceutical establishment shall keep records of each input and output transaction as follows: a) the transaction date, b) the designation of the veterinary medicine, c) the date and number of the manufacturing batch and the expiration date, d) the quantity received or supplied, e) the names and addresses of the supplier and of the recipient. This information shall be recorded by all appropriate systems allowing an immediate publication on the request of the control authorities and no data modification shall be allowed after validation of their recording. The information thus recorded shall be held for a period of five years, at the disposal of the relevant veterinary authorities and the ECOWAS Commission. 2. Shall ensure that the individuals and legal entities for whom it is intended shall be legally entitled to distribute and retail the veterinary drugs and biologicals, in accordance with the legislation of the Member State where they are installed. 3. Shall register with the veterinary authority, the area on which he conducts his activity of wholesale distribution. This registration shall be undertaken at the opening of the establishment; it can be modified following a change of the initially registered distribution territory. In the registered area of 12 4. distribution,''e~~hveterinarypharmaceutieaLestablishment shall be able to satisfy at any moment the needs of its usual clients. Any veterinary pharmaceutical establishment conducting wholesale trading, giving free of charge or undertaking wholesale distribution of veterinary drugs and bioloqicals shall have an emergency plan which guarantees the effective implementation of any withdrawal of batches of these drugs and biologicals whenever necessary. This obligation applies 'also to the establishments selling wholesale, making free transfers or conducting the wholesale distribution of veterinary drugs and biologicals submitted for clinical trials or medicinal feed distribution that are withdrawn by the manufacturer. 5. The sales agents shall carry out their activities under conditions stipulated in a written contract which shall comply with the best practices applicable to these activities. The respective obligations of selling agent apply and operator for whom he is working. They shall only distribute those batches of veterinary drugs or biologies that have been subject to release by the pharmaceutical officer of the firm or company which shall ensure the manufacturing or the importation. Article 17: Advertising drugs The member States shall provide rules on advertising regarding veterinary profession, veterinary drugs, biologicals and production establishments. These rules are without prejudice to the rules of the veterinary profession. . CHAPTER 4: MEDICINAL FEED Article 18: Rules of compatibility The member States shall provide for the special provrsrons for the establishment of firms manufacturing, importing, or distributing medicinal feed. These special provisions will be compatible with the community arrangements on animal feed. Article 19: Responsibilities of the pharmaceutical officers of the Medicinal Feed Manufacturing Firms 1 The leaders in these firms mentioned in article 18, shall engage a veterinary pharmacist or a veterinary doctor who discharges at least the following functions: a. He shall be responsible for the quality of medicinal feeds manufactured. imported or distributed by the concerned establishments, 13 2" b. He'" shall- organise and .control' the rnanufactunno. unportation. 0r distribution activities in conformity with the best practices applicable to these activities and ensure collaboration with the person in charge of the pharmaco-vigilance control within the Company selling the medicinal premixes being used, as well as with the pharmaceutical officer responsible for advertisement for these companies, c. He shall control the registers or recordings planned and described below: (list with roman numerals) d. He shall monitor the compliance to the retail conditions specified by the national regulation. e. He shall implement any emergency plan for the withdrawal of medicinal feed batches. f. He shall propose all improvement measures that he deems useful to ensure the implementation of best practices. g. In addition, the pharmaceutical officer shall make regular visits to veterinary medicinal feeds establishments to get them to comply with best practices. The frequency of such visits shall depend on the nature and significance of operations relative to medicinal feed applicable to this activity. h. The pharmaceutical officer shall record the dates of visits as well as his observations by any appropriate system allowing an immediate publication upon the request of the control authorities and not authorizing any modification of data after validation of their recording. He puts such information at the disposal of the relevant authority in case of request. The provisions on the full time practice and replacement appearing under Article 12 are not applicable to the pharmaceutical officers mentioned in this article. However, in case of absence or unavailability, the company shall find a replacement to the pharmaceutical officer duly contracted by the company. 4. In case of death or after the company ceases trading or in case of ban of the pharmaceutical officer, the company proceeds immediately to appoint a new pharmaceutical officer. Article 20: Obligations of Medicinal Feed Manufacturers Without prejudice to the general obligations mentioned in article 15 of these directives, the manufacturer for medicinal feeds shall ensure that: 14 • ",0,.,:. • ,~.'."•• :::... • .',.. , ~I::r ,,:. _: ~~" .. 1. 6'~ly medicin~l'premixes authorized to be on the market and' issued 'by the ECOWAS Commission in compliance with the conditions defined by this authorization shall be used. 2 The ingredients and premixes used in the manufacture of medicinal feed shall not contain the same antibiotic or the same coccidiostat as additive used as active principle in the medicinal premixes and to only feeds or combinations of those to be used in compliance the requirements of the national or community rules on animals' feeds. 3. The medicinal feed shall be: a) subject to regular controls to ensure homogeneity, stability and good storage, b) kept during the period covered by the prescription; 4. The composition of medicinal feed shall be compatible with the daily feed ration of the animals treated; when the medicinal feeds are manufactured with a view of undertaken for a clinical trial, this rnanufacturinq shall be conducted according to the dictates of the promoter. The manufacturer shall ensure that the medicinal feeds thus manufactured are used exclusively in the framework of the clinical trial undertaken. 5. All necessary provisions shall be adhered to in order to avoid any contamination by the medicinal feed of the other categories of feed, as well as any contamination of medicinal feed during manufacturing, importation, distribution or transportation operations. 6. The medicinal premixes and the medicinal feed shall be stocked in premises locked up or in hermetically sealed containers or airtight containers separated by category and specially designed for the keeping of these products. 7. The packages, bags and containers for medicinal feed shall not be reusable, modes of closing of these packages or containers shall not allow for reuse after opening Article 21: Requirement for prior import authorization Any importation of medicinal feed shall require a prior importation authorization issued by the national competent authorities, subject to medicinal premixes used, have benefited from Marketing Authorization issued by the ECOWAS Commission as defined under Article 20 above. 15 "Aft.clef22: 'Mandatorily consig-ned information 1. Without prejudice to the provisions of Article 4 Paragraph 2, of these directives, the following information shall be recorded: a. In the case of establishments authorized to manufacture and import medicinal feeds: i. The date of manufacture, importation, transfer or issuance, depending on the case, ii. the denomination, quantity and the number of the batch or used medicinal premixes iii. the nature and quantity of ingredients used and their proportions; iv. the commercial denomination or, failing that, the nature as well as the quantity of manufactured, imported, medicinal feeds held and transferred; v. the number of medicinal feed batch and the expiry date; vi. according to the case, the name and address of the veterinary doctor who made the prescription as well as the name and address of the livestock breeder or owner of animals recipient of the medicinal feed or the name and address of the distributor of the medicinal feed to which it was transferred. b. In the case of establishments authorized to distribute medicinal feeds: i. the date of acquisition, transfer or issuance; ii. the trade designation or, failing that, the nature as well as the quantity of medicinal feed or, failing that, the nature and the quantity of medical feeds acquired and transferred; iii. the batch number of the medicinal feed and the expiry date; iv. the name and address of the manufacturer, supplier or distributor of medicinal feeds; v. the name and the address of the veterinary doctor wrote the prescription; vi. the name and address of the livestock-breeder or the holder of animals or the recipient distributor of medicinal feeds. 16 .. ! ... 0, .2. 0 .The informationmentioned under Article'22('1) sub-Paragraphs {a 'and b) shall be right after each operation, recorded by any appropriate system allowing an immediate publication on the request by control authorities and authorising no modification in the data after validation of their recordings. The registers, the recordings as well as the paper publications of these recordings by maximum periods of one month shall be kept for a period of five years and shall be held at the disposal of control authorities during that period. ~!' Article 23: Restrictions The member states shall ensure that: 1. The marketing of Medicinal feeds remains in a circuit of legally entitled individuals or authorised establishments. 2. The retail delivery shall be subject to the presentation of a veterinary doctor's prescription established in compliance with national regulation. CHAPTER 5: EXTEMPORANEOUS PREPARATION, RETAIL SALE AND DISTRIBUTION :. Article 24: Entitlement to retail sale and distribution 1. The Member States shall take all the necessary legal measures for compliance with the acquisition, distribution and retailing whether freely or subject to payment to the users of veterinary drugs and biologicals shall be reserved to legally entitled persons and under conditions defined by each Member State. 2. These legally entitled persons in the framework of a full exercise shall be: a. veterinary doctors who own a veterinary pharmacy, b. the veterinary pharmacist who owns a pharmacy, c. The Clinicians in veterinary schools, for the treatment of animals admitted in consultation or hospitalized, d. The persons in charge of animal health in Community as appointed in compliance with National rules. 3. As a waiver, for limited categories of veterinary drugs and/or biologicals to be defined by each Member State, the legally entitled persons shall be: 17 , a' ~veterin8ry dO('tti'r:~,··rR'giste[ed in the order tor an activitv within' livestock breeders' groupings or agricultural professionals submitted to an approval procedure in the Member State as regards commonly used veterinary drugs and biologies as defined below and for the exclusive use of their members, b. The persons in charge of State Veterinary Services drugs and/or biologicals required for the implementation of mandatory prophylaxis where there are no practising veterinary doctor or paramedical grouping found in the area. Article 25: Prescription and Labelling guidelines for Veterinary Drugs and/or Biologicals 1. The Member States shall undertake the necessary legal measures for compliance with prescription and labelling guidelines for the retail distribution of veterinary drugs and biologicals based on the following categories: a. the veterinary drugs and biologicals containing one or several active ingredients that may either present toxicity for the animal or dangerous for the user of the medicines or the consumer of products of animal origin through harmful residues: i) Virulent matters and products of microbial onqm intended for diagnosis, prevention and the treatment of animal diseases. ii) Substances of organic origin intended for the same purposes except those which contain only the ingredients known chemically. iii) Hormonal substances, iv) Products likely to remain in the state of toxic or dangerous residues in the foodstuffs of animal origin, v) Products which violate legislations on fraud at the point of origin, vi) Products which may hamper the safety of foods coming from animals to which they were administered; b. the veterinary drugs and biologicals with no toxicity for the animal, no danger for the user-of the drug or the consumer of animal products through harmful residues. 2. the retail distribution, whether free or charged for, of veterinary drugs and biologicals (referred to in Article 25(1 a) above) shall be prescribed, in writing, by a veterinary doctor, before it can be delivered to the user; 18 ,. , - .. ·.··,··3·. 4. The substances referred to in Article:~25(1}(a) above shall not be distributed. in the state to stockbreeders or certified breeders' groupings, or purchased by these stockbreeders or groupings, except if they are authorised or under the prescription of a veterinary doctor. The substances referred to in Article 25(1) (b) can be accessed by stockbreeders or groupings without prescription Article 26: Records of veterinary drugs and biologicals -, 1. The Member States shall make legal arrangements so that: any person legally entitled to engage in retail distribution shall hold detailed documentation for each input and output of prescription drugs as follows: a. the date of the operation, b. the identification of the medicine(name, pharmaceutical form, dosage, target species), c. the manufacturing batch number, d. the quantity received or delivered, e. the name and the address of the supplier or recipient, f. The name and address of the prescribing officer. g. Date of manufacture and expiry h. Manufacturer's full location and address • 2. These records shall be held at the disposal of competent authorities and their control staff. Article 27: Prescribing appropriate veterinary drugs and biologicals The member states shall take all the legal steps to allow the prescription of appropriate drugs and biologicals in accordance with the provisions of Regulation C/Reg.22/11/10 on Community Procedures of Management of Veterinary drugs and biologicals. Article 28: Registration of acquisitions and administration of veterinary medicine The Member States shall encourage the owners of animals producing commodities intended for human consumption to keep a register giving details of the drug and its administration on animals. 19 - ' . . . Article 29 : Extemporaneous preparation. 1. The Member States shall ensure that extemporaneous preparation of veterinary drugs and biologics shall be limited to: a. veterinary doctors owning a veterinary pharmacy, b. veterinary pharmacists holding a veterinary doctor's prescription, c. authorised persons by veterinary authorities under the conditions provided in Article 24 of the these Directives 2. The Member States shall ensure that: a) the extemporaneous preparation of pharmaceutical medicine is only developed from an authorised or approved raw material by the Commission having obtained an authorisation of sale in the market; b) The extemporaneous preparation of medicinal feeds is made by a person designated by Article 29(1) above through installations at the disposal of the user; c) The preparation complies with best practices and shall be subjected to inspection by competent veterinary authorities and basic laboratory analysis of the raw material and the finished product. Chapter 6: CONTROL AND INSPECTION Article 30: Inspection procedures 1. The Veterinary Authority shall ensure through repeated inspections, unannounced if necessary, that the national and community, legal, administrative and technical guidelines concerning veterinary drugs and biologicals as well as veterinary pharmaceutical establishments are respected. 2. The inspections shall be carried out by the agents of the veterinary authorities, who shall have integrity, independence warranties and sufficient competence and shall legally be entitled to: a. carry out inspections in the establishments or manufacturing firm, import, wholesale and retail distribution of veterinary medicines; b. take samples, c. access to all documents concerning their field of competence. 20 ~\, "The,seagents ·s'hail.~submit:.a::·rep,ortat the end of each inspection on .the compliance of these establishments or firms' with respect' to the provisions of these Guidelines to the veterinary authority officials. 4. 5. The veterinary authority can suspend or withdraw the administrative authorization of manufacturing and wholesale or retail distribution when the functioning requirements are not fulfilled. This decision shall be justified only after the officials have had the possibility to submit their observations. The veterinary authorities can ban or forbid the importation of a veterinary drugs and biologies batch coming from a third country if there is suspicion on the quality or pharmaco-vigilance problems. This decision shall be referred to the ECOWAS Commission. In emergencies, the ban can be decided without advice from the Commission. 6. The veterinary authority shall proceed with samplings and forward the analysis to the network of quality control laboratories of veterinary drugs and biologicals instituted by Regulation C/REG.22/11/1 O. . 7. For the destruction of veterinary drugs and biologicals by the competent authorities and considering their potentially hazardous nature to health, as well as for the environment, the Member States shall take appropriate measures to limit possible harm. Article 31 Mutual recognition of Inspections 1. Veterinary authorities shall recognize the inspections carried out by other Member States and mutually communicate any useful information on the various establishments. 2. Upon, the veterinary authority can demand for an inspection report or the results of control carried out by the laboratory of another Member state. Article 32: Pharmaco-vigilance 1. Member States shall encourage the Veterinary Doctors and other health professionals to declare to the veterinary authority all side-effects occurring to man or animal and which are likely to be traced back to a veterinary drug. 2. The information shall be transmitted without delay to the ECOWAS Commission in case of side- effects on man or animal. 3. Member States shall be encouraged to exchange and share pharmaco­ vigilance information between each other. 21 CHAPTERJ: - PROVISIONAL A'ND-fINAL 'A~RANGEMENTS Article 33: Annual implementation report 1. The veterinary authority of each Member state shall prepare and transmit annually to the ECOWAS Commission, a synthesis report on the implementation of the these Guidelines. The ECOWAS Commission shall specify from time to time the nature of information required. 2. The circulation of already authorized drugs and biologies at the national level at the time of publication of these guidelines is only allowed within that State until the ECOWAS Commission rules on the authorization requests for putting on the market in accordance with Article 49 of the Regulation on establishing Community Procedures for Management of Veterinary Drugs and Biologicals. 3. The Member States shall make legislative, regulatory and administrative arrangements necessary for the implementation of these Directives. 4. In events of emergency, before the implementation of these Guides, protective measures shall be taken by the Member States and immediately notify the Commission. . 5. The adopted legal acts taken to this effect shall contain a reference or shall be accompanied by such a reference during the publication Article 34: Publication These Directives shall be published by the ECOWAS Commission in the Official Journal of the Community within thirty (30) days upon signature by the Chairman of the Council of Ministers. It shall also be published by each Member State in its National Gazette thirty (30) days after notification by the Commission. DONE AT ABUJA, THIS 26TH DAY OF NOVEMBER 2010 \ ·f VVvlib' j," ,- . \.......... 0.0 ••• 000.000 •••• 0....... 0 •• 0 ••• 0 •••••• 00 •••• 0 •• 0.00 H.E. H. Odein AJUMOGOBIA, SAN CHAIRMAN FOR COUNCIL 22 -COMMUNAUTEECO NOMI QU EDE S ~~'~ EC ONO M IC CO M M UN ITYET A T S DE L' AFRIQUE DE L' O UE ST ~~@~a OF W EST AFRICAtl STATES I '. :iP~~~ II ~' 'l \'-. , ''''-' _. '\~>0 " .-I ~ "'~, n .. .., SOIXANTE CINQUIEt-IE SESSION ORDINAIRE DU CON SEIL DES t-IINI ST RES SIXTY FI FTH ORDINARY SESSION OF THE COUNCIL OF t-IINI STERS ABUJA 25 - 26 NOVEMBER 2010 LlSTE DES RECOMMA NDATIONS DU CONS EIL DES MINISTR ES/LlST OF RE COMMENDATIONS OF THE COUN CIL OF MINISTE RS Fr Eng 1. RECOMMANDATION C/R EC.1/11 /10 relative a RECOMMENDATION C/REC.1/11/10 relating to the I'adoption de la politique des Sports de la CEDEAO adoption of lhe ECOWAS sports policy cor-1 j.j,Ii-JAi ;IE ECC:·:m·1JQ;j[ DES ETATS DE L'AFRIQUE DE L'OUEST ECONOMIC CtJi,jr·1UNrry OF WEST :.m!s...~ l ~ . ' ~ 1 b , -. Sixty-Fifth Ordinary Ses sion of t h e Council of Ministers Abuja, 25 - 26 November 2010 RECOMMENDATIO N C/REC.1/11/10 RELATING TO TH E A DOPTION OF THE ECOWAS SPORTS POLICY THE COU NCIL OF MINISTERS, MINDF UL of Articles 10, 11, 12 of the ECOWAS Treaty as amended in February 2010 establishing the Council of Ministers and defining its functions and composition; MINDFUL of Articles 7, 8 and g of the ECOWAS Treaty creating the Authority of Heads of State and Government and defining its functions and composition; MINDFUL of the provisions of Article 60 of the said Treaty relating to human resources, which urge Member States to work together with a view to promoting effective development of the human resources of the region; MINDFUL of Article 61 e) of the said Treaty which tasks Member States to promote and develop sports in order to bring the young people of the region closer together and ensure their development is balanced; MINDFUL of Article 67 of the said Treaty which stipulates that Member States shall commit to work together through the relevant Community institutions in order to ensure their respective sports policies are harmonised and coordinated; MINDFUL of Resolution VII.00.12/CMYS of 1 September 2000 of the CYSM­ ECOWAS meeting in Ouagadougou, Burkina Faso on sports development; MINDFUL of Decision N DEC.l :WW5 on the transformation of the Conference of Youth and Sports Ministers into the ECOWAS Youth and Sports Development Centre; · -,,/'., CONSIDERING that sports affects virtually every country in Africa, as well as all international organisations and civil society organisations in as much as it is a tool for the maintenance of bodily health and development of social and economic activities; CONSIDERING the need to position sports as a key sector in the socio-economic life of people and make it an engine for human development, peaceful co-existence and regional integration; CONSIDERING that in order to better demonstrate the importance of sports as an engine for regional integration and achieve the objectives of the ECOWAS Vision 2020, it is necessary to prepare a policy and strategic plan in the area of sports; CONVINCED that the adoption of an ECOWAS Sports policy and its implementation will allow the majority of ECOWAS citizens to have a sense of belonging to the same Community and enjoy better quality of life as a result of more active participation in sporting activities; CONSCIOUS that sports provides an avenue for Community citizens of all ages and categories to acquire rich and varied sporting experiences due to the participation of volunteers, coaches and qualified and dedicated officers; DESIRING to adopt the ECOWAS Sports Policy; RECOMMENDS TO THE AUTHORITY OF HEADS OF STATE AND GOVERNMENT the adoption of the draft Supplementary Protocol hereby attached, which adopts the ECOWAS Sports Policy. DONE AT ABUJA THIS 26TH DAY OF NOVEMBER 2010 f ~ 1 .. - l/WtA-t t.... ..... . . H.E. H. Odein AJUMOGOBIA, SAN CHAIRMAN FOR THE COUNCIL 2 COMMUNAUTE ECONOMIQUE. DES ETATS DE L'AFRIQUE DE -L'OUEST ., ._.. '-~......~. -.-;.~. ~ .... '-."'T'~:;;':.' ECONOMIC COMMUNITY OF WEST AFRICAN STATES ... .., ;.. . '0.,.. • THIRTY-NINTH ORDINARY SESSION OF THE AUTHORITY OF HEADS OF STATE AND GOVERNMENT Abuja, .... December 2010 Draft SUPPLEMENTARY ACT ASAI••• J. ,'10 ADOPTING THE ECOWAS SPORTS POLICY THE HIGH CONTRACTING PARTIES, MINDFUL of Articles 7, 8 and 9 of the ECOWAS Treaty creating the Authority of Heads of State and Government and defining its functions and composition; MINDFUL of the provisions of Article 60 of the said Treaty relating to human resources, which urge Member States to work together with a view to promoting effective development of the human resources of the region; MINDFUL of Article 61 e) of the said Treaty which tasks Member States to promote and develop sports in order to bring the young people of the region closer together and ensure their development is balanced; MINDFUL of Article 67 of the said Treaty which stipulates that Member States shall commit to work together through the relevant Community institutions in order to ensure their respective sports policies are harmonised and coordinated; MINDFUL of Resolution VII.00.12/CMYS of 1 September 2000 of the CYSM­ ECOWAS meeting in Ouagadougou, Burkina Faso on sports development; MINDFUL of Decision IV DEC.13'01I05 on the transformation of the Conference of Youth and Sports Ministers into the ECOWAS Youth and Sports Development Centre; CONSIDERING that sports affects virtually every country in Africa, as well as all international organisations and civil society organisations in as much as it is a tool for the maintenance of bodily health and development of social and economic activities; ~....~..... CQNSIt2ERJNGt.n.~.need to position sports"as a key sector in-the socio-economic life of the people" and make it an engine for human'-c:t"evelopment, peaceful co-existence" and regional integration; CONSIDERING that in order to better demonstrate the importance of sports as an engine for regional integration and achieve the objectives of the ECOWAS Vision 2020, it is necessary to prepare a policy and strategic plan in the area of sports; CONVINCED that the adoption of an ECOWAS Sports policy ano its implementation will allow the majority of ECOWAS citizens to have a sense of belonging to the same Community and enjoy better quality of life as a result of more active participation in sporting activities; CONSCIOUS that sports provides an avenue for Community citizens of all ages and categories to acquire rich and varied sporting experiences due to the participation of volunteers, coaches and qualified and dedicated officers; DESIRING to adopt the ECOWAS Sports Policy; ON THE PROPOSAL of the meeting of Ministers of Youth and Sports held in Dakar on 17 May 2010; ON THE RECOMMENDATION of the Sixty-fifth Ordinary Session of the Council of Ministers held in Abuja from 25 to 26 November 2010; HAVING CONSIDERED THE OPINION of the ECOWAS Parliament; HEREBY AGREE AS FOLLOWS: ARTICLE 1 The attached ECOWAS Sports Policy is hereby adopted. ARTICLE 2 The Member States shall harmonise their national Sports Policies with the ECOWAS Sports Policy referred to in Article 1 of this Supplementary Act. ARTICLE 3 The ECOWAS Commission shall take necessary steps to diligently implement the ECOWAS Sports Policy. . . ARTICLE 4 --This S-uppiementarY Act shall be ··publishea by the EcbwAS Commission in the Official Journal of the Community within thirty (30) days of its signature by the Heads of State and Government. It shall also be published by each Member State in its National Gazette within thirty (30) days after notification by the Commission. ARTICLE 5 1. This Supplementary Act shall enter into force upon its publication. Consequently, signatory Member States undertake to commence the implementation of its provisions on its entry into force. 2. This Supplementary Act shall be annexed to the Revised Treaty and shall form an integral part thereof. ARTICLE 6 This Supplementary Act shall be deposited with the Commission which shall submit certified true copies thereof to all Member States and shall register it with the African Union, the United Nations and such other organisations as Council may determine. IN WITNESS WHEREOF, WE HEADS OF STATE AND GOVERNMENT OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES, HAVE SIGNED THIS SUPPLEMENTARY ACT DONE AT ABUJA, THIS .... DAY OF DECEMBER 2010 IN SINGLE ORIGINAL IN THE ENGLISH, FRENCH AND PORTUGUESE LANGUAGES, ALL THREE (3) TEXTS BEING EQUALLY AUTHENTIC .•...... _...,.- .:. ~-.:::::.._ "'"0 •••. O • • •~, •• ~ •• • .. W ,.. ......... . '. ~ ...;,...... ., ... ...... II1 'I •• • ECONOMIC COMMUNITY OF WEST AFRICAN STATES ECOWAS FINAL DRAF1' -~ ..~~ ..." .'"':' ~.~-,.,..,... .• ....... ..····Wo~r....t ... , ... >• • '" .'~',.~... • ••• "6'.~ I • 'ABLE OF CONTENTS .1 .2 ..3 .4 .5 I I. ~. ",1: ·.2 -.3 r.~ ~. 5 ~" 6 ;.7 ~.a ~. 9 ~.10 ~.11 ~.12 i.1.1 i.1.2 i.2.1 i.2.2 ;.2.3 ;.2.4 ;.2.5 i.2.6 •• ;.1 ;.2 ;.3 ;.4 ;.5 9. i PREAMBLE Rationale for the ECOWAS SPOits Policy Definition of Sports Vision and Mission of the ECOWAS Sports Policy Objectives of the ECOWAS Sports Policy Guidelines and Expected Outcomes SITUATIONAL ANALYSIS OF MEMBER STATES STAKEHOLDERS AND BENEFICIARIES OF THE POLICIES The ECOWAS SPORTS POLICY ORIENTATION Sports for All Sports and the Promotion of Equal Opportunities for Women Sports for Economic and Infrastructure Development Sports and Youth Development Traditional Sports Ethics in Sports Sports for Development and Peace Sports for Health Sports and Education Sports and Persons with Special Needs Sports and Sustainable Environment Sports Award and Recognition of Excellence RESOURCE REQUIREMENTS FOR THE IMPLEMENTATION OF THE POLICY Capacity Building and Human Resource Development Leadership training and partnership development Funding ECOWAS source of funding Government Budgetary provisions Development Partners and Donor Agencies Donations, Sponsorships' and Volunteerism Private Sector Institutional Framework for the implementation of the Policy The ECOWAS Commission Member States National and International Sports Federations Other Regional Bodies and Communities Sharing of Best Practices Popularisation and promotion of the Policy and its Plan of Action MONITORING AND EVALUATION OF THE IMPLEMENTATION OF THE POLICY AND ITS STRATEGIC PLAN OF ACTION AMENDMENT AND REVIEW OF THE POLICY Page 1 ..........,. .•. 2 '.:~~. 2 2 3 3 4 5 6 6 6 6 7 7 7 7 8 a 8· a 9 9 9 9 10 10 10 10 10 11 11 11 12 13 13 13 13 13 1. PREAMBLE Sports are athlete/partlclpant and...adrnlntstrators centered activities. The sports system is-put In place for athletes/participants' and adrninistratcrs who are the. primary focus in the development of policies, programs and procedures. Athletes/participants, administrators and governments are primarily involved throughout the system in policy formulation and decision making that directly relate to sports development and administration. The policy document represents a declaration of ECOWAS of States' shared values and aspirations on the role of sports as a special purpose vehicle for regional integration and also in pursuant to ECOWAS strategic vision 2020. The policy document declares the rationale for the policy, situational analysis of the community's strength, weaknesses, opportunities and threats to sports development in the region; statement of policy objectives, stakeholders and beneficiaries, policy quldelines and expected outcomes, recommended priority areas for sports development, resource requirements and institutional framework for implementation of the policy. The policy is unique as it is backed by a strategic action plan to translate the policy into concrete actions. Therefore, Member States are called upon to actively support the implementation of the policy at national and regional levels. 1.1 Rationale for the ECOWAS Sports Policy Article 61 of the Revised ECOWAS Treaty, states that \\ ....the commitment of the Community to promote and enhance the practice of sports with the view to bringing together the youths of the region and ensuring their balanced development". Development of a sports policy becomes necessary as a result of, Resolution No. VII.00.12/CMJS of 1/9/00 of the meeting of the session of ECOWAS/CMJS, at Ouagadougou, Burkina Faso on the development of Sports, recommendations of the Conference of Ministers of Youth and Sports held in Cotonou, Benin, July, 2008 on Sports Development in the region and resolution No. VII.OO.12/CMJS of 1/9/00 adopting the Niamey Wrestling tournament as an ECOWAS Sport. This gave the Directorate of Gender Development, Youth, Sports, Civil Society, Employment and Drug Control, and the ECOWAS Youth and Sports Development Centre of the ECOWAS Commission the mandate to develop a sports policy to serve as a tool for cooperation among the Ministries of Youth and Sports in Member States, inter-governmental and non­ governmental sporting organizations. Furthermore the rationale for this policy is in pursuance of the ECOWAS Vision 2020, encapsulated as follows: The Vision: "ECOWAS of Peoples - A borderless, prosperous and cohesive region where people have the capacity to access and harness its enormous resources through the creation of opportunities for sustainable development and environmental preservation. " ..! Objectives of ECOWAS _~~To promote cooperation and lnteqratlon, leading to the establishment of an economic union in \AJest Africa in order to raise' the living .standards ,gf the peoples, and to maintain and enhance economic stability, foster relations among Member States and contribute to the progress and development of the African Continent". To give concrete expression to the transition from "ECOWAS of States to ECOWAS of Peoples", the new vision is articulated around five pillars and summarised as follows: a. Good Governance b. Infrastructure Development c. Private Sector d. Women, Children and Youth, e. Sustainable Natural Resource and Environmental Utilization. This Policy document becomes imperative so that the region shall join the global sporting community in echoing the continental and international priorities as contained in the relevant agreed instruments, such as the AU Policy Framework for sustainable development of sport in Africa (2008-2018) In consonance with ECOWAS objective of integration promoting the development of its people through human capital development initiatives, sports ca be employed as a potent means of achieving these objectives through the organisation of sporting events that bring together people to interact, share and learn in cordial environments. 1.2 Definition of Sports Sports are games and health promoting physical activities that are institutionalized with the codified rules and regulations governing them at the recreational and competitive levels. 1.3 Vision and Mission of the ECOWAS Sports Policy The vision of the ECOWAS Sports Policy is: 1 To position sports as a key sector of the socio-economic lives of its people, a 'yehicle for human development, peaceful co-existence and regional integration, The mission of the ECOWAS Sports Policy is: To provide the overall sports policy framework and direction for sports, facilitate the process of policy implementation, monitoring and evaluation and foster greater public-private sector participation in sports. 2 To achieve this mission, ECOWAS shall be guided by the following core values: . o. Employment of well-trained innovative personnel; .._ • Establishment of good- corporate·"governance and management;. • Adherence to professional standards in all relationships with stakeholders and development partners; and • Commitment to honesty, transparency, dedication and highest ethical values. 1.4 Objectives of the ECOWAS Sports Policy The ECOWAS Sports Policy has the following objectives: • To harmonise and coordinate the position of Member States of ECOWAS With regard to facilitation of: - Sport for All, as a human right in living, learning and work contexts in ECOWAS Member States; - Sport for Excellence, or elitist participation and prestigious achievements; - Sport for Persons with special needs; - Sport for Women; - Sport for Development and Peace; - Sport for Integration; • Development and promotion of traditional African Sports and its placement in the Calendar of International Sports; and • Promotion and entrenchment of African values in sports. 1.5 Guidelines and Expected Outcomes This Policy • represents the shared vision and goals of all ECOWAS Member States and Governmental jurisdictions for sport and challenges the sport community to share in their achievement; • urges that ECOWAS sport people of all ages and abilities enjoy a broad range of sport experiences, enriched by the presence of dedicated and qualified volunteers, coaches, and staff; • emphasizes increased communication and collaboration amongst all the stakeholders; • commits all governments to setting targets for enhanced participation and performance in sport in collaboration with their respective sport confederations, federations, organizations and communities; • commits Member State governments to strengthen their regular and formal communication with their respective sport confederations, federations, organizations and communities on issues affecting sport 3 and in particular to strengthening the fight against doping in sport notably by supporting the regional and national anti-doping agencies; G contains complimentary proposed strategies and activities for National ·i.~;Plans of Action' for sport develo"iJme'nt .for: implementation . bv .... Governments collectively and individually, bi-Iaterally and multilaterally, and by each sport community; • promotes programmes which will meet the needs of all sport people and spectators; and • Contributes to the achievement of the Millennium Development Goals. ~! The Sport Policy is anticipated to produce the followlnq outcomes: ::J • The majority of ECOWAS citizens will share a sense of citizenship and quality of life through an increase in participation in sports; • The sports system will ensure that ECOWAS citizens of all ages and abilities enjoy a broad range of sports experiences, enriched by the presence of dedicated and qualified volunteers, coaches, and staff; • ECOWAS citizens will be recognized internationally for their excellence in national and international competitions and for their leadership in sports and social development through sport in Africa and abroad; and • Sport systems in ECOWAS Member States will focus on meeting the needs of athletes and participants. 2. SITUATIONAL ANALYSIS ON MEMBER STATES Further to the mentioned research activities employed in the development of the Policy, the analysis of Strengths, Weaknesses, Opportunities and Threats (SWOT) relating to Sport in the Member States, were established as follows: STRENGTHS 1. Political will (Decisions of Heads of States) 2. Supportive Legal framework (Art.22, 23, 61 of the Revised ECOWAS Treaty) 3. Existence of ECOWAS Conference of Ministers for Sports 1 4. Supportive Commission with required institutional structure ~v'5. Abundance of talents and skills 6. Availability of Institutional capacity (Youth Development Centre) 7. Existence of regional and national sport associations 8. Existence of sports infrastructure and tralnlnq centres and facilities 4 WEAKNESSES 1. Ineffective transportation network 2. Absence of sport policies and instruments 3. Inadequate funding 4. Lack of capacities and competencies 5. Inadequate empowerment of sport administrators 6. Existing barriers to active participation 7. Dearth of information and data 8. Lack of proper sports management 9. Inadequate technology 10.Lack of adequate sponsorship 11.Inadequate professional approach to procuring sponsorship i2.Gender inequality i3.Inadequate and inappropriate sports for Elite Sports 9. Practicing of traditional sports 1. o. Existence. of pr.otocol for free movement (.f'peopler goods and services ll.Existence of media 12.Good relations with and representation in continental and international sport organisations l3.Efficient stakeholders networks 14.Past and present sports heroes ls.Sustained Government funding for sports OPPORTUNITIES 1. More effective harnessing of media services 2. Hosting of international sporting events 3. Opportunities for resource mobilisation 4. Strengthening of relationships between governments, national and international sports organisations 5. Attraction of funding from donors and development partners 6. Large youthful population 7. Development of traditional sports 8. Human resources capacity building 9. Opportunity for integration lO.Opportunity for people with special needs to participate in sport facilities 14.Inefficient communication system rs.Paucttv orresearch in sports .. -rs.Inadequate access for peoplcwlth .... special needs 17.Prevalence of HIV/AIDSr Malaria and Tuberculosis THREATS 1. Lack of efficient sports management 2. Political instability 3. Drainage of talents and skills to developed countries 4. Drug abuse and doping in sports 5. Increasing Anti-social behaviours in sport 6. Distraction from loca I sport by strong attraction of international sporting events 7. Declining interest of able and willing Sportsmen and women \.- 3. STAKEHOLDERS AND BENEFICIARIES OF THE POLICY Collaboration between the ECOWAS Commission, Member States and relevant Government Agencies, the Private Sector, African Union Commission, and National, Regional and International Sport Organisations (e.g. IOC, FIFA, CONFEJES~ Commonwealth,WAFU), UNESCO and other specialised UN Agencies, the World Anti-Doping Agency (WADA), Civil Society Organisations, the media, Professional Associations and traditional authorities, among other stakeholders, is called for in the Policy. 5 The beneficiaries will be athletes, sports administrators, sports supporters and ultimately the citizens of the region. ·.SuGcessfuI lmptementattcn br'the..Sport Rolic.y and its Strategic Pfan·of. Action will require effective interaction between stakeholders, resulting in strengthened political leadership in Member States in the domain of sport and greater accountability on the part of all stakeholders and beneficiaries. 4. t THE ECOWAS SPORT POLICY ORIENTATION Recommended priority areas for Sport development in the Region -In view of the important role of sport in regional integration and economic development, the ECOWAS Sport Policy calls for the following priorities in planning and judicious allocation of resources for sport in the region. 4. 1. Sports for All Promotion of Sports for All and physical activity initiatives within Member States which would constitute the integrated approach to the development of sports in the region. This would require strong political commitment and support at all levels as an essential prerequisite for ECOWAS leaders in the promotion of health, fitness, well-being and sporting excellence of ECOWAS citizens to be adapted to people of all ages, gender and of different social and economic conditions, regardless of local and regional cultures. 4.2. Sports and the promotion of equal opportunities for women In tandem with the ECOWAS Gender Policy, the Sport Policy strongly highlights the different needs and equal opportunities for women through sports, for example access to public spaces where women can gather, develop new skills together, gain support from others and enjoy freedom of expression and movement. It can promote education, communication, negotiation skills and leadership, all of which are essential for women's empowerment. 4.3. Sport for economic and infrastructure development ,?port for economic and infrastructure development of ECOWAS is amplified by 'this policy, by calling for support to entrepreneurs for the manufacture of sporting goods, the development of sport-related services, infrastructure and Ji>ports events. Additionally, sport shall produce indirect economic effects in the region by improving the overall health of people, thereby contributing to reduction in spending on health, while increasing labour productivity. Considering that sport is a significant sector of the economies, the sport industry shall be supported in the region, as it can account for a significant percentage of 6 Gross Domestic Product and jobs, similar to that of agriculture and industrial sectors. ~evclopment .or' Sport in the ..E·COWAS...Reqion.. requires balanced ....significant.:. investment in the sport infrastructure. As sports generate substantial revenues, both from professional sports and hosting national or international events, ECOWAS Member States are urged to plough back, develop and maintain sport infrastructure with the view to create jobs. Hosting sports events can also have a long-term impact on local and regional economies, especially in the aspect of sports tourism. 4.4 Sports and youth development Contribution to' the development of the youth through sport constitutes a critical priority in this policy. Sport brings the youth into contact with each other and other communities, teach leadership skills, provide a constructive outlet, and generally enhance quality of life for the youth. Sports facilitate the development of citizenship awareness and dissemination of ECOWAS principles and objectives. Social capital is built by learning to organize meetings, negotiate for the use of shared facilities, and deal with expectations, triumphs and failures. In addition, it provides for a popular spectatorship and recreational activities 4. 5. Traditional sports Traditional sports and games which are part of the cultural heritage are prioritised in this policy as sport is an important component of culture in the ECOWAS region. People express themselves and celebrate their communities through traditional sports and games. People share stories, myths, and lessons derived from traditional sports. Through sport people learn values and behaviors that are applied to all aspects of society - friendship, hard work, discipline, excellence, and respect for others. 4.6. Ethics in sports The ECOWAS Sport Policy strongly emphasises ethics in sport such as fairness, health and safety and the avoidance of doping, harassment, abuse, intolerance and violence. Doping in sport poses a continuous threat to the wellbeing of athletes from the region, apart from the foul play component of the use of performance enhancing drugs. Hence, this policy calls for Member States to ratify the UNECSO Convention against Doping in Sports/ and protect those who commit themselves to doping free sports. 4.7. Sports for development and peace Sport activities in geographic areas divided by war and deep-rooted hostility constitute an ideal forum for stimulating social dialogue and encouraging exchange, as well as providing an atmosphere conducive for implementing 7 conflict resolution and reconciliation programmes. In the ECOWAS region, sport can bring people together in ways that cut across boundaries and break down barriers allovying diff~rent groups to interact and exchange ideas. This policy .therefore, .. emphasizes. .the. .Irnportance.. .of .sport . in " the' service of social development and peace. 4.8. Sports and health Promotion of healthy lifestyles for the prevention of non-communicable diseases among citizens of the ECOWAS region is called for in this policy, as physical -actlvftv is fundamental to positive human development and contributes to healthy, long and more productive lives. Research has shown that participation in ~sports and physical activity at all ages can help prevent and manage non communicable diseases such as cardio-vascular diseases, cancer, diabetes, obesity, mental disorders and HIV/ AIDS. 4.9. Sports and education The first point of contact and exposure to sports for the average person is at school. This is where the basics of recreational activity and physical education must be inculcated. It is a fundamental objective of the education system to nurture an inquiring mind in a fit body and the future emergence of exellence in sports will depend on the development of a structured approach to sports in school that involves all the stakeholders in education, including higher educational institutions. The Policy therefore seeks to ensure the monitoring of sport and physical education as compulsory integral part of the school and college curricula in compliance with international instruments. 4.10 Sports and persons with special needs This Policy urges stakeholders to provide conditions that will enable persons with special needs in the region to use their abilities as individuals or in association with others to not only practise sports, but also to contribute to the development of sport and to be self-supporting by participating in different sport events, skills training, gainful employment opportunities and other services. 4.11. Sports and sustainable environment . , ~ The Policy calls for actions to counteract the impact on the environment aimed at Jthe upholding of ethical issues and preventing social degradations and ~nwholesome practices in the sports environment thereby fostering sustainability of the environment 8 '"-1' . 4.12 Sports award and recognition of excellence Sports men and women stqnlncantlv contribute to. bultdlnq a positive image and ..foster patrlotlsm in their. respective, countries and the. reqlon, andshould hence", be valued, recognised and rewarded. 5. RESOURCE REQUIREMENTS FOR THE IMPLEMENTATION OF THE POLICY The implementation of this policy shall be based on the following statements: s 5.1 Human Resources t- 5.1.1 Capacity building and human resource development This policy seriously opposes the soliciting of sport talents and professional and administrative skills from the Region to join programmes in developed countries and areas on the Continent to seek laurels overseas. Opportunities for talented youngsters should be created in regional training centres to limit the drain of sports talents abroad. Due to the lack of training facilities, scholarship opportunities and career incentives for ECOWAS citizens to specialise in the administrative, technical and scientific areas of sport, a significant backlog of sport professionals has built up over time. Hence, the policy highlights the need for establishment of facilities for the training of sportsmen, administrators, technicians and scientists, construed as the backbone of the development strategy. 5.1.2 Leadership training and partnership development For the development of sport in the region, leadership skills need to be developed among athletes, coaches, officials, volunteers, sport federations, the private sector and entrepreneurs, and in various levels of Government. In addition, the capacity for partnerships, based on trust, needs to be fostered between the same individuals and organizations as it will support the implementation of the policy. This will entail accountability training for transparency, measurement of results and performance against objectives. 5.2 Financial Resources 5.2.1 Funding The resource mobilization efforts for implementation of the ECOWAS Sport Policy shall be based upon the following sources. 9 •I 5.2.2 ECOWAS Source of funding .. !h_er~ .sh~~!:, be established an ECOWAS fund for sports development as the .pnmary. ..,souri=e .of fUQ.Q;; m.obilisQtiQfL, for. "the . lrnplernentatlon.vot " sports development aspects of this policy document. 5.2.3 Government budgetary provisions Although national budgets normally include both recurrent and capital expenditure provisions for sports activities, the challenges common to all Member States are the inadequacy of the funds allocated to sports, or the f' inability to access the funds as and when they are required. This is a major inhibitive factor to the growth and development of sports in the sub-region. In order to attain regional goals with regard to sports, government budqetarv allocations for sports shall be enhanced and funds for training and re-training of sportsmen and women, as well as capacity bulldlnq for sports administrators and managers will be released timely. 5.2.4 Development partners and donor agencies Development partners and donor agencies have evidentlv not made the desired impact on policy formulation, programme execution and appropriate feedback for the development of sports in the region. This may be due to the lack of soliciting proactive suggestions from cooperating partners on the management and administration of sports in member states. The region has also not engaged with cooperating partners on adequate funding targets for sports, sponsorship and promotional endeavours. Regional and national sport policies and programmes should recognise the roles and contributions of donor organizations and agencies. This could be done by compiling a directory of stakeholder partners and agencies to ensure systematic eliciting, documenting and recognising of their inputs at the primary stages of sport policy and programme formulation. 5.2.5 Donations, sponsorships and volunteerism Donations and sponsorships by individuals and corporate bodies for the development of sports should elicit tax reliefs or holidays in order to encourage prospective sponsors. Contributions in kind, like voluntary work, should also be encouraged. 5.2.6 Private Sector The private sector would be strongly included as special partner of the State in the development of sports policies and programmes. 10 _ Support the interventionist programmes enunciated by member states in clear cases of gender discrimination ., .. - Give necessary funding and support 6.4 Other Regional Bodies and Communities Through bilateral and multilateral agreements, ECOWAS shall seek t~ collaborate with other regional bodies, such as the African Union Commission, CONFEJES, Commonwealth, WAFU and United Nations System to promote ~ peace, security, health, physical well being and economic development through sports. ~ .... 6.5 Sharing of best practices ECOWAS through this sports policy shall encourage research on best practices on sporting activities, networking and information sharing among Member States to promote excellence in sports 7. POPULARISATION AND PROMOTION OF THE ECOWAS SPORTS POLICY The ECOWAS Commission and Member States shall undertake to popularise and promote the Policy and its strategic Plan of Action in view of sensitising all stakeholders and the general public 8. MONITORING AND EVALUATION OF THE IMPLEMENTATION OF THE POLICY AND ITS STRATEGIC PLAN OF ACTION A Monitoring and Evaluation Committee is hereby established in accordance with the provisions of Article 23 of the Revised ECOWAS Treaty to monitor, evaluate and coordinate the implementation of the provisions of the Sports Policy. ECOWAS shall collaborate with Member States, National and International Sport Federations, development partners, regional bodies and communities to ensure effective and efficient administration and implementation of this policy. 9. AMENDMENT AND REVIEW OF THE POLICY This policy shall be due for review and amendment every ten (10) years from the date of its adoption or such a time as deem fit by the ECOWAS Ministers of Youth and Sports or upon the recommendation of the ECOWAS Commission. 13 COMMUNAUTE eCONOMIQUE DES ETATS DE L'AFRIQUE DE L'OUEST eCONOMIC COMMUNITY WEST AFRICAN STAT~S Rev 2 SIXTY·FIFTH ORDINARY SESSION OF THE ECOWAS COUNCIL OF MINISTERS SOIXANTE CINQUIEME SESSION ORDINAIRE DU CONSEIL DES MINISTRES DE LA CEDEAO AbdJa, 25 - 26 November, 2010 Abuja, 25 - 26 novembre, 2010 LIST OF PARTICIPANTS/LISTE DES PARTICIPANTS ECOWAS Commission Abuja, 25 - 26 November, 2010 PAYs/COUNTRY NOMS'NAMES FONCTlONS'STATUS AORESSe'ADORESS BENIN 8AGUIOI BOKO Oirecleur Gentral des Affalres Economiq~s. Minist~re de l'Economle et des Finances Rep(~sentant le Mini&tre de l'Economie et BP302 Co\onou des Finances rs. +22921307462/960714 36/2130 1247 Fax: +22921 305476 J 21 30185'\ Email ; bbaauidif&yshoo. fr AKPLOGAN ZACHARIC Ambassadeur Oirecleut de 1'Intlllgralion Minist~re des Affalres Elran9~re$ de l'lnl~gralion RICHARD Africaine. Repr(,senlant le Minlstre des Africaine ; de la Francophonle et des B~ninoiB de Affaires Etrangeres, de "Integration Afrlcalne. re~rieur \ de la Francophonie et des B6ninols de Tel: +229·21300400-229·96742589 l'Exterieur Fax; +229-21300245 Emall: 2rakDloaantallJahoo.fr PEREIRA SOLlATOU Chef Service Arraires AdministraUves. Ministtre deI'Economie et des Finances Financi~f'es. Potitiques et Juridlques TeI: +22921 305026/9004 7603 Fax : +229 21 3005 027 ~ Email ; allmisol@vahoo.fr OYEDEKPO MOUFTAOU Ambassadeur Ambassade du Senin prt!sdu Nigeria LALEYE 14.Yedseram Street, Maitama TeI: 234·805 8843775 Email : ambabenti'labula@vahooJr OUOROU GUIWAMARIE- Conselller Ambassade du Benl" presdu Nigeria CLAIRE 14. Yedseram Street. Maitama Tel: 234·807 4131148 Emall : iimoabeninBbuia@...anoo.tr BURKiNA FASO SAMATE MINATA Minlstre D~I~ue Charge de la Coop~ralion Minlst~r9 desAffairesEtrangeres et de la I RAglonale Coop~ration Regionale i 03 BP7038 - Ouagadougou 03Tel: +22650337369 Emall : cessoums(Q)ho{mail.com OUEORAOGO NOELJE Conselller Technique du Minis\t'e Minis\&re desAffairesElrang~res et de la Coop~ration R~gionale 03 BP 7038 Ouagadougou 03 Tel : +226 70 26 87 13 Email: QuednoetlflbhOlmall.com TRAORE NADEGE Expert Minist6re des Affaires Elrang~es et de la Coophllon R6giona\e 03 8P 7038Ouagadougou 03 Te\: +22650337369170264057 Email : nade - hoo.Ir ZOURE VIVIANE Conseiller Ambassade du Burkina Faso TeI: 080811770938 Emall: 2 PAYs/COUNTRY NOMS/NAMES FONCTIONS/STATUS AORESSEJAOORESS DAOOj6nl!ba Inspecteur du Tresor Ministered't'Economie et des Finances 01 BP 92 Ouagadougou 01 Te' : +226 50 32 6084 Emall:teouera~vahoo. fr CAPEVERDE JORGEBORGES Deputy Ministerof ForeignAffairs Ministryof Foreign Affairs P.O.Box60, PraJa Tel: +238 260 78 20 i Email: iorae.boroes@oQYcv.aov.cv BELARMINO MONTEIRO Directeur de 1'lnl6gration Regiona1e Ministryof Foreign Affairs SllVA P.O.Box 60. Prala Tel; +2382607820 Emai': belarmino.sllvalCllmne.Qov.cY COTEO'lVOtRE aEUGREYAOCLAUOE Conseiller Spt:cial du Ministre Mlnlst6re de 11lIEconomle el des Finances Tal: +225202008 80 EmaU : v.claude@vahoDoJr TANONASSI ELOU FElIX ConseiUer Technique charge de I'lnttgration Ministilredes AffairesEtrangeres et de Afr;calne l'int6gratlon Afrlcaine BP: V 109 Abldjan Tel: +22520224299 Fax: +225202241 56 Email: adDtle{(i}vahoo.tr NIANGORAN CAROllNE Chef de Service Poliliques Sectorlelles • Mlnlstere de l'Economieet des Finances Expert 16 BP683 Abidjan 16 Tet: +22520225383 Fax : + 225 2022 53 65 Email: caniangQ2003@yahoo.fr YAOKWAME Responsable de le Cellule Natlonale Mini$t~re des AffalresEtrangeres et de CEDEAO 1'lnt6gratlon Afrlcalne BP: V 109 Abidjan Tel +225 20 22 40 07 Fax; + 225 20 22 41 56 Emat YJQkouam.t@~ohoo.rr ---I TANOU KONE PremierConseil1er, Charg~ d'Affaires Mil"llstere desAffaires etcangeres et de "integration Africairte BP: V 109Abidjan Tel:0807502.6288 Fax: Email: tanou leon@yahoo.fr ) PAYS/COUNTRY NOMS/NAMES FONCTIONS/STATUS ADRESSEJAOORESS THEGAMBIA HON. ABDOU KOLL~Y Ministeror Finance Ministryof Finance. Banjul' Tel: +2204227636 Fax: +220422 8561 Email : akO)lty@molle.goy gm I abdoukodevC&hotmall,com YUSUPHA A. KAH Minister of Trade, Regional tntegratlon & Ministry of Trade. Regional Integration & Employment Employment - Independence Drive· Banjul Tel: +220-4228369 Fax: +220-4227756; 4229220 Emall: V\JBuDha~hotmall.com MAMODOU SABALLY Expert Ministryor Finance Tel: + 220 9376444 Email: mo.odousabaIlY@hO\mail.tom FAT1MA NJtE O.P.S. Ministryof Trade. Independence Drive. Banjul Tet; +220420 1112 Fax : +220 422 n 56 Emall: MRLANG YABOU Charg6d'Affairs The GambiaHigh Commission Abuj8 7 MlsrataStreet. OH Para~ou Crescent. Off AminuKanoCrescent, Wuse 11 Tel; 08062506180 Email : langyabou@va!)oc.co, GHANA HON. MOHAMAMAO MUMUNI Minister for Foreign Affairs & Regional Ministryof Foreign Affairs lntegration P.B. Box M53 Tel. + 233302201000 Email: mmumunl99@vahoo com PERPETUA O.DUFU DeputyDirector Ministryof ForeignAffairs P.O.BoxMS3. Accra Ghana Tel. + 233-302201000 Email : Q~ufU@yahoo.com H. E. ALHAJI BABA KAMARA HighCommissioner GhanaHigh Comml,sion 301 Olu ObasanjoWay. Garkl Tel~ Email: 4 PAYSICOUNTRY NOMS/NAMES FONCTlONS/STATUS AORESSE/AOORESS KWABENA OKU·AFARI Direi:tor. Representing the Honourable Ministryof F\nance and Economic Platlning Ministerof Flnance and Economic Planning P.O.Box MB40. Accra Tet: +233 302 665269/244670071 Fax: +2333026674 64 ErnaJl ; kbpkuarari@mof&p gov gb I kbokuafari@vahoo cam HILARIA MABEL OEY Assistant Director Ministryof Foreign Affatrs P.O.BoxM53 Awa Tel: +233 302 201000 Fax: + 233·302401020 Email: hteU&hevahoo.co_m IRENEMAAMAH DeputyHigh Commissioner GhanaHtgh Commissioner. Abuja Nigeria Tel: 09-4615400 Fax: 09-4615401 Email: dnarkol~vahoo. corn KWM1E ASUMANG·SAKYI TechnicalAssistanl Mmlst'Y of Finance and Economic P\8nning GYESAW P.O.Box MB 40 Accra Tel: Emait: kovesaw(8)mofeD.QOY.oh GUINEE SISSAU GINOMENOES Audit Comilt Guint!eS,ssau Ministre de Finance Email: mendtsgino@gmall,com Tat: +245525 1717 GUINEE FOFANA 6AKARY Minis\re d'Etat chargl! des Affatres Minislere d'Etatdes AffalresEt(ang~(as Etrang~re6. de I'int~ration afrlcalne et de la Conakry Francophonie Te': +22464258916/60236811 Emall: bakarvfofana(Q)hotmail corn KERFALLA YANSANE Minlstrede l'Economie et des Finances Manisttre de l'Economie et des Finances Conakry Tel; +224-60257410: (02)555845 EmaiJ : kerfallavt1J)hotmail.com OR. CHEICK ABDOUl Arnbassadeur. Representant Permanent Ambassade de Guinae~ Abuja CAMARA Conakry Tel: 07034155553 Email: cchelcatfd@vahoo com MME CONOE MABINTY Oirectrlee Natlonale Adjolnte Int6gration Mlnlslred'Etat dlar9~ desAffairesEtrangtres Africa/ne de I'integration Afr/caine et de la Francopnonie Conakry: BP 1210Conakry(RG) Tel : .. 224·64 39 76 28/62 67 05 52 5 PAYSICOUNTRY NOMS/NAMES fONCTIONS/STATUS AORESSE/AODRESS Fax: + 224 304339 38 Email:condemabintvtmvahoo.(r OR. CHEICKABOOUL Ambassador Ministryof Foreign Affairs CAMARA Tel: +234 7034155553 Emai\: ccheicabd ...... fr LIBERIA AMARAKONE Ministerof Economle Planning Ministryof Planning & EconomicAffairs CapitOl Hili, Monrovia Tet t231-6611771 Email: akonneh@moofts gv.le SEBASTIAN MUAH Deputy Minister Ministryof Planning & EconomicAffairs Tel: +2316492 512 Email:stmuah@mopea.gov.lr MALI BADARAALlOU MACALOU Ministre MinistEue des Mallens de l'Exterieur et de 1'lnl6gration Africaine• BamaJd195Q@yahoo.cgm/ mdaramv@ecowa~ inl PROF.N'GALAOJO LAMBERT Commissioner, Macroeconomic Policy ECOWAS Commission BAMBA 101 YakubuGowonCrescent, AsokoroDlstricl. Abuja Tet 234 805 805 26 62 I 803 960 61 43 Email : Inbamba@ecowas.int, nosladlovahoo.com LAGO DANIEL BODO Legal Adviser ECOWASCommission 101YakubuGowon Crescent, Asokoro District Abuja Tet: +234803649 6780 Emai1: c13nietbodo1@yahoo corn OR. YAOUZAOURO-SAMA Legal Adviser ECOWASCommission I 101 YakubuGowon Crescenl, Asokoro District. Abuja Tet +234706 41 89258 Email: NJIE SAIHOU PrincipalOfficer. Manpower ECOWASCommission Planning & Recrullment 101 YakubuGowon Crescent, AsokoroDistrict,Abuja Tel: +234703 413 8344 Email:mamasaihou@yahoo.com/snUe@ecowal.lnt FLORENCE IHEME ProgrammeManager ECOWAS Commission 101YakubuGowon Crescent, Asokoro District. Abuja Tel: +2347064185261(803346 8145 Emall: oruafo@vah I aaiibewa@ecowas.int RICHARDAWUNYO PrincipalController ECOWASCommission 101 YakubuGowon Crescent, Asokoro District,Abuja Tat: +234 7034179019 Email: r,kawunVO@leCQWas int J rkawunvo<&vahoo. com UGOHSUNDAY PPO. Information ECOWASCommission 101 VakubuGowon Crescent. Asokoro District.Abuja Tet: +234 803 659 1265 EmaiJ: su ..... as.mt TONY ELUMELU PPO Free Movement& Migration ECOWASCommission \01 YakubuGowonCrescent. Asokoro Dlstriet, Abuja Tel: +234 8033071029 Emai1: tonvh.IIomail.com OR. ALVES O'AlMADA PPO. SocialAffairs ECOWAS Commission --J101 YakubuGowonCrescent,AsokoroDistrict, Abujalel: +234 703662 2982Email: alvesdalmada..alYahoo rfSAMUElMEDU Consultant ECOWAS Commjsslon101 Yakubu GowonCrescent, AsokoroDistrict, AbuJa Tel: +234 803 5994996 Emall:delem&dulfilvahoo.com ZIDA BERTRANO ExpertlEnvirol'\menl eCOWAScemmaston 101Yakt:bU GawonCrescent. AsokoroDistrict, Abuja Tet: "'234 807 5269250 IS PAYS/COUNTRY NOMS/NAMES FONCT10NS/STATUS ADRESSEJADDRESS Emall: ob~lc.1a((])vahoo.fr AJOKU K.B. PPO, Induslry ECOWAS Commission 101 YakubuGowonCrescent. AsokoroDistrict, Abuja Tel: +234 Email: ONUOHAOBII LegalAdviser ECOWAS Commission 101 Yakubu GowonCrescen~ AsokoroDistrict. Abuja EmaU: obiinuoha@vahoo.com ANUMBA CHINENYE A. Controller Officeof the Financial Controller Ouagadougou let +226 5033 00 91 - 2 Emall:canumba@vahoo.com KUMBAH.V. FODAY InternatAuditor ECOWAS Commis$ion 101 Yakubu GowonCrescent, I AsokoroDistrict. Abuja TeI:+234 7089769180 Email:khfodav@ecowas int GABRILKAMARA Controller ECOWAS CommISsion 101 Yakubu GowonCrescent. I AsokoroDistrict, Abuja TaJ:+234 885 616 95 Ema~: amkamara@.amaJ•.com HIENPIERRETHOMAS ConlrOleur de Gestion Financial ControllerOfftce• Ouagadougou Tel: +226·7661 2065 Emall: hDlerrell\omas@vahoo.fr KOUDJRA KOKOU ContrOleur de Gestion. ECOWAS Commission 101 Yakubu Gowon Crescent AsokoroDistrict Abuja Tel: +234705805 4061 EmalJ: kOlldiraai:!vahoo.1r SA SALlMATA Executive Assistant to CommIssloner for ECOWAS Commission HumanDevelopment and Gender 101 YakubuGowonCrescent, I AsokoroDistrict. Abuja Tet +2347034138341 Emall: i,,,ba@ecowaw I: MICHAELTOGBA Controller ECOWAS CommissiOO -----_._, 101 Yakubu GowonCrescent, Asokoro District Abuia 16 PAYS/COUNTRY NOMS/NAMES FONCTIONS/STATUS ADRESSE/AODRESS DR. SACKOSEYOOU Chargltde Programme Commerce ECOWAS COmmi5tiion et Concurrence 101 Yakubu GowonCrescent, AsokoroDistrict, AbuJa TeI: +2349 3141638 Fax: +23493143005 Email:ssacko@ecowas iot I sackoseydou@yahooJr AJAEROCHRISTOPHER Programme Officer ECQWAS Commis!ion 101 YakubuGowonCrescent, AsokoroDistrict. Abuia AHO L1BEROR OOSCOF Charg~ de Communication ECOWAS Commission I 101 Yakubu GowonCrescent, AsokoroDistrict, Abuja Tel: +234 613817 8915 EmaU: liberorta)ecowas.int Jdoscof(d)l/atloo. fr MRS HELENENNE BASSEY Senior Administrative Assi6tan~ I Heavahoo, com MEOEGAN NOUGBOOE Judge. ECOWASCCJ CommunityCourt of Justice CLOTlLDE 10 OarEs Salaam Crescent Off Aminu Kano CrescentWuse 11 Tel: +234 Email:clomedeiWvahoo. fr HON. POPTEV ELlAMM. Judge, ECOWASCCJ CommunityCO\Jrt of Justice 10OarEa SalaamCrescent Off Aminu Kano CrescentWuse 11 Tel: +2348130674894 EmaU: NORl KOfFI ABOGUEY Ag. OirectorotAdmin. &Finance Community Court of Justice 10 Oar Es SalaamCrescent Off AminuKano CrescentWuse \I Tal: +2348055240166 emauil: kofaboa{(j)vahoo fr I kndti@ecowas.int GNAMOUSIRATOULAHl Chef de DivisionAdministration Community Court of Justice et RessourcesHumaines 23.Agsdez Street Tel: +234706 8261964/ +22676644601 Emaull: siratoul2f@yahoo,(r AKUETEERiC Jbldcoebid.Ol'Q , BASHIR M. IFO VicePresident Finance ECOWAS Bankfor Investment and Development I andCorporate services 128 Boulevard du 13 janvier. BP 2704, Lome,TogoTel : .228 221 6864 Fax: +228 221 86 84 EmaU: bito@bldc-cbid.ora J ifobm@vahoo.com WEST AFRICAN JEANETTA K. JOHNSON Deputy Dire<:tor Generai West AfricanHealth Organization HEALTH BP 153sese Dloulasso ORGANIZATION Tel : +22675557955 rNAMO) EmaU : j;ohosoo@wahooas org STEPHEN NARTEY Director of Administration & Finance WestAfricanHealth Organization -- BP 153 BobeDioulasso Tel:+226 Emall : anyemin@yahoo,co.uk ECOWAS GENDER AM1NATTA DIBBA Director ECOWAS Gender Development Centre DEVELOPMENT AvenueChelkhAnts Oiop, Complexe SICAP CENTRE PointE, Immeub1e C, 1t1' Etage. Oakar Tel: +221 338250327 Fax:+221 825 0330 Email: 8dlbba.eodc((i}oranae.sn WeST AFRICAN ISMAEL DIOUBATE Economist WestAfricanMonetary Agenc~ MONETAR'f AGENCY 11& 13ECOWAS Street Freetown (WAMA) Tel: .232 22 22 44 8516 Emall: wama@a1'l'l80owama·org 20 PAYS/COUNTRY AMES FONCTIONS/STATUS AORESSEJAOORESS WEST AFRICAN ! JIBRIf\ Senior Econom;st IWest AfricanMonetary InstiMe MONETARY . PMB CT75 Golf House.Acera. INSTITUTE (WAMI) Tel: +234-8036844035,1233·249284572 Emall; jvakUbu@Wi!m/-imao ora WEST AFRICAN AMAD:> SecretaryGeneral West AfricanPower Pool POWERPOOL 06 BP 2901 R~sidence des Ambassades, Cotonou (WAPP) Tel: +22991220757 Emait:adial!o@ecowapp Qrg ABOQ)UNTAKILOU Char9~ de Budgetet des Finances West African PowerPool 06 BP 2907 R~sidence des Ambassades. Cotonou Tel: +22997 8642 83 I Emall: mouta157@yahoo.fr ECOWAS REGIONAL THIANA President ECOWASRegionalElectricityRegulatoryAuthorily ELECTRICITY Plol 40 SplntexRoad REGULATORY PM8 76 Min Post OfflCe • Accra AUTHORITY (ERERA) Tel: +233· (0) 544 33 15 34 Emait barhamthlam@ama~.com BANGMAR Legal Expert ECOWASRegionalElectricity Regulatory Authority Plot 40 SpintexRoad PMB 76 Mln Post Office - Acera Tel: +233- (0) 544 331 536 EmaJl: madinabarou((i)vahoo. fr ECOWAS REGlONAL MAH/IAH Director ECOWASRegionalCentre for Renewable Energy CENTRE FOR ~ Floor,Electra Buitding, Achada, St Antonio RENEWABLE Praia ENERGY Email: mkappiah@ecreee org NUR' Accountant ECOWAS RegionalCentre for Renewable Energy 2l'1:li Floor. ElectraBuilding,Actlada, St Antonlo Praia Tel: +238 924 34 80 Emall: niobaldlecreee.ora GtABA OR,61 SHEHU DirecteurG6nt:lral ComplexeSICAP, Point-E. 1°' Etage, ImmeubleA Av. ChelckAnta Olop X Cane' IV, BP32400-Dakar· Po"ty Tel: +221 338591822 Emall: avshehutmolaba oro 21 PAYS/COUNTRY NOMS/NAMES FONCTIONS/STATUS AORESSE/ADORESS KOTOBRIDJA FRANCIS Controller Complexe SlCAP. Point-E. 1"1 Etage. ImmeubleA A\I. Chelck Anta Dlop X Canal IV. BP32400·0akar- Ponty Tel: +221 775526848/234·807341411.5. Email: fkotobrid' - corn BABACAR NOIAYE Headof Administration Complexe SICAP. Polnt-E, 1·' E\age. ImmeubteA Av. Chelck Anta Diop X Canal IV. SP3C!400-0akar· Ponty TeI: +221 338591830 Email: bndia~e(QlQiaba.ora ALHAJI BARRY ChiefAccountant Complex9 SICAP.Point-E. t" Etage.lmnleuble A Av. C/'\eick Anta OiopXCanal IV. BP324GO-Dakar- Penty I Tel: +221 338 59 1835 Email: abarrv@aiaba.orQ CEN1REDE OUEDRAOGOINNOCENT Directorp.L Centrede Coordination des Ressources en Eau COOROINATION DES (CeRE) - Ouagadougou ResSOURCES EN Tel: +22650330090 EAU (CCRE) Fax: +226 50 33 0093 entail : ino~fasonetbf 22 '{