§j\ Official Journal Vo l . 42 
of the Economic Community of 
West African States (ECOWAS) 
English Edit ion J a n u a r y 2 0 0 3 
C O N T E N T S PAGE 
1. PROTOCOL A/P1/01/Q3 RELATING TO THE DEFINITION OF THE 
CONCEPT OF PRODUCTS ORIGINATING FROM MEMBER 
STATES OF THE ECONOMIC COMMUNITY OF WE ST AFRICAN 
STATES THE HIGH CONTRACTING PARTIES 
2. PROTOCOL A/P2/01/03 RELATING TO THE APPLICATION OF 
COMPENSATION PROCEDURES FOR LOSS OF REVENUE 
INCURRED BY ECOWAS MEMBER STATES AS A RESULT 
OF THE TRADE LIBERALIZATION SCHEME 
3. ECOWAS PROTOCOL A/P3/01/03 ON EDUCATION AND TRAINING 
4. ECOWAS ENERGY PROTOCOLA/P4/01/03 
a 
12 
32 
CONVENTIONS 
1. GENERAL CONVENTIONAL. 1/1/03 ON THE RECOGNITION AND 
EQUIVALENCE OF DEGREES, DIPLOMAS. CERTIFICATES AND OTHER 
QUALIFICATIONS IN ECOWAS MEMBER STATES. B1 
DECISIONS 
1r DEC1SIONA'DEC1/01/03 FORMALLY ADOPTION THE FLAG OFTHE 
ECONOMIC COMMUNITYOF WEST AFRICAN STATES (ECOWAS) 
2. DECISIONA/DEC.2/01/03 RELATING TO THE CREATION OFTHE 
ECOWAS ENERGY OBSERVATORY THE AUTHORITY OF HEADS OF 
STATEAND GOVERNMENT 
86 
B7 
3. DECISION A/DEC.3/01/03ADOPTING THE ECOWAS PROTOCOL 
ON EDUCATION AND TRAINING 88 
4. DECIS ION A/DEC.4/01/03 RELATING TO THE ADOPT ION OF A GENERAL 
CONVENTION ON RECOGNITION AND EQUIVALENCE OF DEGREES, 
DIPLOMAS. CERTIFICATES AND OTHER QUALIFICATIONS IN 
ECOWAS MEMBER STATES. 89 
5. DECISION A/DEC.5/01/03 RELATINGTO THE ADOPTION OF PLAN OF 
ACTION TO FACILITATE SUB REGIONAL INTEGRATION OF 
EDUCATION OBJECTIVES PURSUNTTO SUSTAINABLE 
DEVELOPMENT. 90 
6. DECISION A/DEC.6/01/03 RELATING TO THE ADOPTION OF PLAN OF 
ACTION FOR THE ENHANCEMENTAND REACTIVATION OF 
CULTURAL COOPERATION AMONG MEMBER STATES, WITHIN THE 
FRAMEWORK OF NEPAD. 92 
7. DECISION A/DEC.7/01/03 RELATING TO THE ADOPTION OF THE AFRICAN 
PUBLIC SERVICE CHARTER BY MEMBER STATES OF ECOWAS. 93 
* 
8. DECISIONA/DEC.8/01/03 RELATING TO PREPARATION FOR 
NEGOTIATIONS BETWEEN WESTAFRICAAND THE EUROPEAN UNION 
ON ECONOMIC PARTNERSHIPAGREEMENTS (EPAPS) 94 
9. DECISION A/DEC.9/01/03RELATINGTO ECOWAS REPRESENTATION 97 
10. DECISION A/DEC. 10/01/03 ON THE DEFERMENT OF THE ENTRY INTO 
EFFECT OF THE SUBSTANTIVE REGIME OF THE ECOWAS COMMUNITY 
LEVY. 98 
11. DECISIONA/DEC.11/01/03 RELATING TO THE PAYMENT OF DUTY 
ALLOWANCE TO THE VICE PRESIDENT OF THE COMMUNITY COURT OF 
JUSTICE. 99 
12. DECISION A/DEC.12/01/03 ESTABLISHINGAN ECOWAS LIAISON 
OFFICE IN BRUSSELS. 100 
13. DECISION A/DEC.13/01/03 RELATING TO THE ESTABLISHMENT 
OFAREGIONAL ROAD TRANSPORT AND TRANSIT FACILITATION 
PROGRAMME IN SUPPORT OF INTRA-COMMUNITY TRADE AND 
CROSS BORDER MOVEMENTS. 102 
14. DECISIONA/DEC.14/01/03 RELATING TO THE PLAN OF ACTION 
FOR THE HARMONIZATION OF NATIONALACCOUNTS IN 
MEMBER STATES. 105 
15. DECISION A/DEC. 15/01/03 ON PLAN OF ACTION FOR THE 
HARMONIZATION OF CONSUMER PRICE INDICES IN 
MEMBER STATES. 106 
16. DECISION A/DEC. 16/01/03 RELATING TO THE TRANSFORMATION 
OFTHE WESTAFRICAN WOMEN ASSOCIATION (WAWA) INTO THE 
ECOWAS GENDER DEVELOPMENT CENTRE. 107 
17. DECISION A/DEC.17/01/03 RELATING TO THEADOPTION OF AN 
ECOWAS PROTOCOL ON ENERGY. 108 
18. DECISION A/DEC.18/01/03 ON HE POSTPONEMENT OFTHE DATE 
FOR THE CREATION OFTHE ECOWAS SINGLE MONETARY 
ZONE. 109 
19. DECISIONA/DEC.19/01/03 RELATING TO THE DESIGNATION OF 
MEMBERS OF THE COUNCILOF ELDERS 2003 110 
1. REGULATION C/REG1 /01 /03 RELATING TO THE PARTIALALLOCATION 
OFTHE COMMUNITY LEVY TO THE PAID UP CAPITAL OF ECOWAS 
BANK FOR INVESTMENT AND DEVELOPMENT(EBID). 112 
2. REGULATIONVC/REG2/01/03 RELATING TO PLACEMENTS ECOWAS 
BANK FOR INVESTMENT AND DEVELOPMENT OF THE BALANCE OF 
THE PROCEEDS FROM COMMUNITY LEVY 113 
3. REGULATION C/REG3/01/03 RELATING TO THE IMPLEMENTATION 
ON THE REGULATION ON TRANSHUMANCE BETWEEN THE ECOWAS 
MEMBER STATES. 114 
4. REGULATION C/REG4/01/03 RELATING TO THE RENEWAL OF LEASE 
AGREEMENTS ON THE RESIDENCE OFTHE EXECUTIVE SECRETARIAT 
STAFF INABUJA. 116 
5. REGULATION C/REG5/01/03APPROVING THE AUDITED FINANCIAL 
STATEMENTS OF THE EXECUTIVE SECRETARIAT FOR THE 2001 
FINANCIAL YEAR. 117 
6. REGULATION C/REG6/01/03 APPROVING THE BUDGET OF THE WEST 
AFRICAN HEALTH ORGANISATION FOR THE 2003 FINANCIAL YEAR. 118 
7. REGULATION C/REG7/01/03APPROVINGTHE BUDGET OFTHE 
COMMUNITY PARLIAMENT FOR THE 2003 FINANCIAL YEAR. 119 
8. REGULATION C/REG8/01/03 REGULARISING THEAPPOINTMENT OF 
CERTAIN OFFICERS OF THE COMMUNITY PARLIAMENT AND 
GRANTING THE STATUS OF STATUTORY APOINTEE TO THE 
SECRETARY GENERALAND THE DEPUTY SECRETARY GENERAL. 120 
9. REGULATION C/REG9/01/03APPROVINGTHE BUDGETOFTHE COMMUNITY 
COURTOF JUSTICE FOR THE 2003 FINANCIAL YEAR. 121 
10. REGULATION C/REG. 10/01/03 APPROVING THE BUDGETOFTHE 
EXECUTIVE SECRETARIAT FOR THE 2003 FINANCIAL YEAR. 122 
11. REGULATION C/REG 11/01/03 APPROVING THE COMPENSATION 
BUDGETS FOR LOSS OF REVENUE SUFFERED BY ECOWAS MEMBER 
STATES IN 2000,2001 AND 2002ASA RESULT OF THE LIBERALIZATION 
OF INTRA ECOWAS TRADE. 123 
12 REGULATION C/REG 12/01/03 ON THEADDITIONAL LIST OF 
ENTERPRISES AND PRODUCTS APPROVED UNDER THE ECOWAS 
TRADE LIBERALIZATION SCHEME. 124 
13. REGULATION C/REG13/01/03 APPROVING THE WORK PROGRAMME 
OF THE EXECUTIVE SECRETARIAT FOR THE 2003 FINANCIAL YEAR. 125 
14. REGULATION C/REG14/01/03APPROVING THE REVISED ORGANOGRAM 
OFTHE EXECUTIVE SECRETARIAT OF ECOWAS IN ORDER TO ACCOMADATE 
THE FORTY NINE (49) NEWLY CREATED POSTS. 126 
ii 
15. REGULATION C/REG. 15/01/03 ESTABLISINGAN AD HOC MINISTERIAL 
COMMITTEE ON THE HARMONISATION OF THE LEGISLATIVE TEXTS 
OFTHE COMMUNITY. 127 
16. REGULATION C/REG. 16/01/03 RELATING TO THE BUDGETOFTHE 
ECOWAS BANK FOR INVESTMENTAND DEVELOPMENT (EBID) 
FORTHE YEAR 2003. 128 
17. REGULATION C/REG. 17/01/03 RELATING TO THE BUDGETOFTHE 
ECOWAS REGIONAL INVESTMENT BANK (ERIB) FORTHE YEAR 2003. 129 
18. REGULATION C/REG.18/01/03 RELATINGTOTHE BUDGETOFTHE 
ECOWAS REGIONAL DEVELOPMENT FUND (ERDF) FORTHE YEAR 2003. 130 
RECOMMENDATIONS 
1. RECOMMENDATION C/REC.1/01/03ADOPTINGTHE FLAGOFTHE 
ECONOMIC COMMUNITY OF WEST AFRICAN STATES (ECOWAS). 131 
2. RECOMMENDATION C/REC.2/01/03 RELATING TO THECREATION 
OFTHE ECOWAS ENERGY OBSERVATION. 132 
3. RECOMMENDATION C/REC.3/01/03ADOPTING THE ECOWAS 
PROTOCOL ON EDUCATION AND TRAINING. 133 
4. RECOMMENDATION C/REC.4/01/03 RELATING TO THEADOPTION 
OF AGENERAL CONVENTION ON RECOGNITION AND EQUIVALENCE 
OF DEGREES, DIPLOMAS, CERTIFICATES AND OTHER QUALIFICATIONS 
IN ECOWAS MEMBER STATES. 134 
5. RECOMMENDATION C/REC.5/01/03 RELATING TO THEADOPTION OF A 
PLAN OF ACTION TO FACILITATE SUB REGIONAL INTERPRETATION OF 
EDUCATION OBJECTIVES PURSUANTTO SUSTAINABLE DEVELOPMENT. 135 
6. RECOMMENDATION C/REC.6/01/03 RELATING TO THEADOPTION OFA 
PLAN OF ACTION FORTHE ENHANCEMENTAND REACTIVATION OF 
CULTURAL COOPERATION AMONG MEMBER STATES, WITHIN THE 
FRAMEWORK OF NEPAD. 136 
7. RECOMMENDATION C/REC.7/01/03 RELATINGTO THEADOPTION OF 
THE AFRICAN PUBLIC SERVICE CHARTER BY ECOWAS MEMBER STATES. 137 
8. RECOMMENDATION C/REC.8/01/03 RELATINGTO PREPARATIONS FOR 
NEGOTIATIONS BETWEEN WESTAFRICAN AND THE EUROPEAN UNION 
ON ECONOMIC PARTNERSHIP AGREEMENTS (EPAS). 138 
9. RECOMMENDATION C/REC.9/01/03 RELATINGTO ECOWAS REPRESENTATION 
AT MEETINGS WITH THE EUROPEAN UNION WITHIN THE FRAMEWORK OF 
THE POLITICAL DIALOGUE BETWEEN THE TWO ORGANIZATIONS. 139 
10. RECOMMENDATION C/REC.10/01/03 ON THE DEFERMENTOF 
THE ENTRY INTO EFFECTOFTHE SUBSTANTIVE REGIME OFTHE 
ECOWAS COMMUNITY LEVY. 140 
iii 
nc V^-MVIVIUINI I T 
COURT OF JUSTICE. 141 
12. RECOMMENDATION C/REC.12/01/03 ESTABLISHING AN ECOWAS 
LIAISON OFFICE IN BRUSSELS. 142 
13. RECOMMENDATION C/REC.13/01/03 RELATING TO THE ESTABLISHMENT 
OF A REGIONAL ROAD TRANSPORTAND TRANSIT FACILITATION 
PROGRAMME IN SUPPORTOFINTRACOMMUNITY TRADE AND 
CROSS BORDER MOVEMENTS 143 
14. RECOMMENDATION C/REC. 14/01/03 RELATING TO THE PLAN OF 
ACTION FORTHE HARMONIZATION OF NATIONAL ACCOUNTS IN 
MEMBER STATES. 144 
15. RECOMMENDATION C/REC. 15/01/03 ON THE PLAN OF ACTION FOR 
THE HARMONIZATION OF CONSUMER PRICE INDICES IN MEMBER STATES. 145 
16. RECOMMENDATION C/REC. 16/01/03 RELATING TO THE TRANSFORMATION 
OFTHE WEST AFRICAN WOMEN ASSOSIATION (WAWA) INTO THE 
"ECOWAS GENDER DEVELOPMENTCENTRE". 146 
17. RECOMMENDATION C/REC. 17/01/03 RELATING TO THEADOPTION 
OFAN ECOWAS PROTOCOL ON ENERGY. 147 
18. RECOMMNDATION C/REC. 18/01/03 RELATING TO THE POSTPONEMENT OF 
THE DATE FORTHE CREATION OFTHE ECOWAS SINGLE MONETARY ZONE. 148 
19. RECOMMENDATION C/REC. 19/01/03 RELATING TO THE DESIGNATION 
OF MEMBERS OFTHE COUNCILOF ELDERS 2003. 149 
RESOLUTIONS 
1. RESOLUTION C/RES.1/01/03APPEALFORARETURNTO PEACE IN 
COTED'IVIORE 150 
2. RESOLUTIONC/RES.1/01/03 RELATINGTO THE USE OFTHE LIQUID 
RESOURCESC FROM THE COMMUNITY FOR PAYMENTOF THE FIRST 
TRANCHE OFTHE CAPITALOF EBID. 151 
FINAL COMMUNIQUE 153 
iv 
PROTOCOL A/P1/1/03 RELATING TO 
THE DEFINITION OF THE CONCEPT 
OF PRODUCTS ORIGINATING FROM 
MEMBER STATES OF THE ECONOMIC 
COMMUNITY OF WEST AFRICAN 
STATES 
THE HIGH CONTRACTING PARTIES 
MINDFUL of Articles 7, 8, and 9 of the 
Treaty establishing the Authority of Heads 
of States and Government and defining its 
composition and functions. 
MINDFUL of paragraph 3, Article 38 of the 
Treaty of the Economic Community of 
West African States relating to possible 
amendments to the definition of the 
concept of products originating from 
Member States. 
RECOGNISING the pressing need to 
harmonise the integration programes of 
the Economic Community of West African 
States with those of the West African 
Economic and Monetary Union, with a 
view to creating a single economic zone in 
West African. 
DESIROUS of ensuring that the definition 
of the concept of products originating from 
Member States is in conformity with the 
new regulations of the World Trade 
Organization, and of amending the 
protocol relating thereto accordingly. 
HAVE AGREED AS FOLLOWS: 
Article 1: Definitions 
In this protocol, 
"Treaty" Means the revised Treaty of the 
Economic Community of West African 
States signed in Cotonou on 24 July 1993. 
"Community" means the Economic 
Community of West African States whose 
establishment is reaffirmed in Article 2 of 
the Treaty. 
"Member States" means a Members 
State of the Community. 
"Authority" means the Authority of 
Heads of State and Government of the 
Community established by Article 7 of the 
Treaty. 
"Counci l" means the Counc i l of 
Ministers of the community established by 
Article 10 of the Treaty. 
"Executive Secretariat" means the 
Executive Secretariat established by 
Article 17 of the Treaty. 
"Commission" means the Trade, 
Customs, Taxation, Statistics, Money and 
Payments Commission established by 
Article 22 of the Treaty. 
"Manufacture" means any form of 
processing or transformation, including 
assembly or any other special operation. 
"Material" means any ingredient, raw 
material, component or part used in the 
manufacture of goods. 
"Product" means a finished product, 
even if the product is to be used thereafter 
in the manufacture of another product. 
"Goods" means materials and products. 
"Import Duties" means all customs 
duties and taxes of equivalent effect 
levied on goods upon importation. 
"Customs Value" means the value of an 
article determined in conformity with the 
1994 ag reemen t re lat ing to the 
implementation of Article VII of the 
General Agreement on Tariffs and Trade 
(Agreement on the WTO Customs value). 
"Value of materials" means the customs 
value at the time of importation of non-
originating materials to be used in a 
process of production or, where such 
value is not known or cannot be 
determined, the earliest ascertainable 
price paid for them in the Member State 
where they are used in a process of 
production. 
"Value-added" means the difference, 
expressed as a percentage, between the 
ex-factory price of the finished product 
before tax, and the CIF value of raw 
_ w w » i < \ v ^ < ^ i i y n i , U O C U I I I n i t : 
manufacture of the final product in the 
form under which it is released into 
circulation. 
"Input" means any material, product 
used in the manufacturing process. 
"Chapters" means the chapters used in 
the nomenclature of the harmonized 
system of designation and codification of 
goods, referred to in this protocol as the 
"Harmonised System" or "HS". 
"Sub-headings" means the sub­
headings (4 figures) used in the 
nomenclature of the harmonized system 
of designation and codification of goods, 
referred to in this protocol as the 
"Harmonised System" or"HS". 
"Classified" means the classification of a 
product or a material under a particular 
sub-heading. 
"Consignment" means all the products 
forwarded at the same time by an exporter 
to a consignee, or transported under the 
cover of a single document from an 
exporter to a consignee, or, in the 
absence of such a document, under the 
cover of a single invoice. 
Article 2: Rules of origin of 
Community Goods. 
1. For the purpose of the provisions 
ofChapter VIII of the Treaty 
relating to trade liberalization, 
goods shall be considered as 
originating from Member States if: 
a) They have been wholly produced 
in Member States, in accordance 
with the provisions of Article 3 of 
this protocol. 
B) They have been produced in 
Member States but contain raw 
materials which were not wholly 
obtained from Member States, 
provided that such materials have 
u n d e r g o n e o p e r a t i o n s and 
processes that confer Community 
protocol. 
2. Originating products consisting of 
materials wholly produced or 
sufficiently transformed in one or 
several Member States shall be 
considered as products originating 
from the Member State in which 
t h e l a s t p r o c e s s i n g o r 
t r a n s f o r m a t i o n took p l a c e , 
inasmuch as the processing or 
transformation carried out there 
exceeds the processing and 
transformation d e f i n e d in 
Article 5 of this protocol. 
Article 3: Goods wholly produced 
in Member States. 
1. The following products shall be 
regarded as wholly produced in the 
Member States" 
a) Live animals born and raised as 
wholly produced in the Member 
States. 
b) Mineral products extracted from 
the ground, sub-soil or sea bed of 
Member States. 
c) Vegetable products harvested 
within the Member States. 
d) Products obtained from animals 
living or raised in Member States. 
e) Products obtained by hunting or 
fishing within the Member States. 
f) Products obtained from the sea, 
rivers and lakes within the Member 
States by vessels belonging to the 
Member states. 
g) Products manufactured aboard 
ship fac tor ies be long ing to 
Member States, exclusively from 
the products referred to in 
paragraph (f) of this Article. 
h) Used articles fit only for the 
recove ry of raw mate r ia l s , 
provided that such articles have 
2 
been collected from users within 
the Member States. 
I) Scrap and waste resulting from 
manufacturing operations within 
Member States. 
j) Goods produced from the material 
listed in paragraphs (b) to (i) of this 
article, used alone or mixed with 
other materials, provided that they 
represent at least 60% of the total 
quantity of raw materials used. 
k) Electr ic energy produced in 
Member States. 
2. The terms "vessels" and "factory 
ships" used in paragraph 1 (f) and 
(g) s h a l l a p p l y o n l y to 
vessels and factory ships: 
Wh ich are reg is te red in a 
Member State. 
Which sail under the flag of 
a Member State. 
Which carry a complement, 
i n c l u s i v e of t h e M a s t e r 
thereof, of which not less than 50% 
a re n a t i o n a l s of M e m b e r 
States. 
Article 4: O p e r a t i o n s a n d 
processes conferring origin 
For the purpose of this protocol, the 
following operations and processes shall 
be considered as sufficient to support a 
claim of origin from a Member State: 
Where: 
1) Goods are not wholly produced in 
Member States and where 
their production requires the 
exclusive use of materials which 
are to be classified under a 
different tariff sub-heading from 
that of the product. 
The above rule shall be accompanied by a 
list of exemptions mentioning the cases 
where the change in the sub-heading is 
not a determining factor, or imposing 
additional conditionals. The list shall be 
established in by a regulation of the 
Council of Ministers. 
Or 
2) Goods are not wholly produced in 
Member States and where their 
production requires the use of 
materials which have received a 
value-added of at least 30% of the 
ex-factory price of the finished 
goods. 
Article 5: T h e c o n c e p t o f 
originating industrial Products. 
Originating industrial goods shall be those 
referred to in articles 2 and 3 (j) of this 
protocol, with the exception of hand-made 
articles or articles produced without the 
use of tools instruments or implements 
directly operated by the manufacturer. 
Article 6: O p e r a t i o n s a n d 
processes not conferring origin. 
For the purpose of this protocol, the 
following operations and processes shall 
be considered as insufficient to support a 
claim that goods originate from a Member 
State. 
a) O p e r a t i o n s to e n s u r e the 
preservation of merchandise in 
g o o d c o n d i t i o n d u r i n g 
transportation and storage such as 
ventilation, spreading out, drying, 
freezing, placing in brine, sulphur 
dioxide or other aqueous solutions 
removal of damaged parts a n d 
similar operations. 
b) Simple operations consisting of 
removal of d u s t , s i f t i ng or 
screening, sorting, classifying, 
matching, including the making up 
of sets of goods, washing painting 
and cutting up. 
c) (i) Changes of packaging and 
breaking up or assembly of 
consignment. 
flasks, bags, cases boxes, 
fixing on cards or boards 
and all other simple packing 
operations. 
d) Marking or labeling in order to 
distinguish products or their 
packages. 
e) Simple mixing of products, even of 
different types, where one or 
several of the components do not 
satisfy the community origin 
criteria set out in this protocol. 
f) Simple assembly of parts of a 
product to constitute a complete 
product. 
g) A combination of two or more 
operations specif ied in sub­
paragraphs (a) to (f) of this 
protocol. 
h) Slaughter of animals. 
i) Salting, placing in brine, drying or 
smoking of meat, f ish, and 
shellfish. 
j) Freezing of meat, offal, fish, 
shellfish, fruits, vegetables or 
garden plants. 
k) Preparation and conservation of 
meat, offal, blood, fish, and 
shellfish from products listed in 
c h a p t e r 2 a n d 3 of t he 
nomenclature of the harmonized 
system. 
I) Cutting and processing of leaves 
and foliage of all types. 
Article7: Goods produced in free 
zones or under special 
economic regimes. 
Goods transformed within the framework 
of economic or suspensive customs 
regimes or certain special regimes 
involving the suspension or partial or total 
exemption from customs duties on inputs 
shall in no case be considered as 
originating products. 
1. For the purpose of this protocol, 
the unit of qualification shall be the 
product used as the base unit in 
order to determine classification 
under on the nomenclature of the 
harmonized system. 
Consequently: 
Where a group, set or assemble of 
products is to be classified under a 
single heading, such group, set or 
assembly shall be treated as one 
products. 
W h e r e a c o n s i g n m e n t is 
composed of a number of identical 
products classified under the same 
heading in the harmonized 
system, each product in the 
consignment shall be considered 
separately. 
2. Where, in application of the 
Genera l Rule No. 5 of the 
harmonized system, packaging is 
considered as forming a whole 
with the goods, the packaging shall 
be considered as forming a whole 
with the goods when determining 
origin. 
Article 9: Accessories, Spare Parts 
and Tools 
Accessories, spare parts and tools which 
are imported with a material, machine, 
appliance or vehicle, and whose price is 
included in that of the product or for which 
no separate charge is made, shall be 
considered as forming a whole with the 
material, machine, appliance or vehicle 
under consideration. 
Article 10: Proof of Origin. 
Proof of the community origin of goods 
shall be supported by a certificate of origin 
stating the conditions set out in this 
protocol. 
However, a certificate of origin shall not be 
required for agricultural and livestock 
4 
products as well as hand-made articles or 
articles produced without the use of tools, 
instruments or implements directly 
operated by the manufacturer. 
The certificate of origin shall be issued by 
the competent authority designated for 
that purpose by the Member State of 
origin and countersigned by the Customs 
Department of that Member State. 
Article 11: I d e n t i f i c a t i o n o f 
Originating Industrial Products. 
Originating industrial products shall, 
where it is technically possible, carry an 
identification mark on them or on their 
packaging. 
Article 12: C o o p e r a t i o n i n 
Administrative Procedure 
In order to ensure the proper and uniform 
implementation of this protocol, Member 
States shall, through the intermediary of 
their respective administrations and 
services, give mutual aid and assistance 
in the authentication of certificates of 
origin. 
Article 13: Settlement of Disputes. 
1. In the event that the origin of a 
product is contested, the Member 
States contesting the community 
origin of the product shall, on its 
own initiative or that of any other 
party concerned, bring the issue to 
the attention of the competent 
authority in the issuing country. 
2. The exporting Member State shall, 
within a period of forty-five 
(45) working days, finish all 
necessary information on the 
condi t ions under which the 
contested certificate was issued. 
3. Products whose origin is in dispute 
shall not be denied the advantages 
granted to originating products, 
provided that the importer deposits 
an amount as guarantee for the 
duties and taxes payable in the 
importing Member States. 
Article 14: 
Disputes which remain unresolved by the 
Member States concerned within the 
time-limit prescribed in article 13 above 
shall be brought before the commission 
by any of the parties concerned through 
the intermediary of the Execut ive 
Secretariat. 
Article 15: 
The commission shall determine the 
merits and demerits and demerits of the 
case at its next session, and transmit the 
dossier of the case to the case to the 
council of Ministers which shall take a 
decision thereon and inform the parties 
concerned accordingly. 
Article 16: A m e n d m e n t a n d 
Revision. 
1. Any Member State may submit 
proposals for the amendment or 
revision of this protocol. 
2. Any such proposals shall be 
submit ted to the Execu t i ve 
Secretariat which shall send notice 
thereof to the Member States not 
later than thirty (30) days after their 
receipt. Amendments or revisions 
shall not be considered by the 
Authority unless Member States 
have been received one month's 
notice thereof. 
3. Amendments or revisions shall be 
adopted by the Authority. 
Article 1T: Entry into force. 
1. This protocol shall enter into force 
provisionally upon signature by the 
Heads of State and Government. 
Accordingly, signatory Member 
S t a t e s a n d the E x e c u t i v e 
Secretariat hereby undertake to 
commence implementation of all 
provisions of the protocol u p o n 
signature. 
2. This protocol shall enter fully into 
force upon ratification by at least 
nine (9) signatory states, and in 
5 
K , u v - v - u u i c o <ji cc iu i i ivierrioer^siate. 
3. This protocol and all instruments of 
ratification shall be deposited with 
the Executive Secretariat which 
shall transmit certified true copies 
thereof to all Member States and 
notify them of the dates of deposit 
of instruments of ratification by the 
Member States and shall register 
of African Unity (OAU), the United 
Nations Organisation (UNO), and 
such other organizations as the 
council may determine. 
Article 18: 
This protocol repeals and replace all 
e x i s t i n g p r o v i s i o n s w h i c h a r e 
incompatible with the above provisions. 
IN FAITH WHEREOF WE, THE HEADS OF STATE AND GOVERNMENT OF 
THE MEMBER STATES OF THE ECONOMIC COMMUNITY OF WEST AFRICAN 
STATES (ECOWAS) HAVE SIGNED THIS PROTOCOL IN SINGLE ORIGINAL IN 
THE ENGLISH, FRENCH AND PORTUGUESE LANGUAGES, ALL TEXTS BEING 
EQUALLY AUTHENTIC. 
DONE AT DAKAR, THIS 31 ST DAY OF JANUARY 2003 
Vice President of the Republic of Liberia President of the Republic of Mali 
For and on behalf of the 
President of the Republic of Liberia 
6 
Jfr®$**&**^.. 
H i s E x c e l l e n c y C h i e f O l u s e g l t f i O B A S A N J O 
President and Commander-in-Chief of the Armed 
Forces of the Federal Republic of Nigeria 
President of the Togolese Republic 
H i s E x c e l l e i 
Presid 
d o u T A N D J A 
He of Niger 
7 
COMPENSATION PROCEDURES FOR 
LOSS OF REVENUE INCURRED BY 
ECOWAS MEMBER STATES AS A 
R E S U L T O F T H E T R A D E 
LIBERALISATION SCHEME 
The High Contracting Parties 
Mindful of articles 7,8, and 9 of the Treaty 
establishing the Authority of Heads of 
state and Government and defining its 
composition and functions. 
Mindful of article 48 of the treaty relating 
to compensation for loss of revenue 
registered incurred by a Member States 
as a result of trade liberalization. 
Mindful of the protocol relating to the 
evaluation of loss of revenue registered 
by the E C O W A S Member States. 
Mindful of protocol A/P1/7/96 relating to 
the conditions for the application of the 
Community levy. 
Mindful of dec is ion A / D E C . 6 / 7 / 9 2 
amending decision /1/5/83 relating to the 
adoption and implementation of a single 
E C O W A S trade liberalization scheme. 
Mindful of decision A / D E C . 19/5/80, 
dated 28 May, relating to the application of 
compensation procedures for loss of 
revenue incurred by the Member states. 
Considering that one of the major 
obstacles to the implementation of the 
E C O W A S trade liberalization scheme 
stems from the inadequacies observed in 
the system adopted for the compensation 
of the loss of customs revenue. 
Conscious that harmonization of the 
trade liberalization schemes operating in 
the sub-region is a necessary condition 
for the creation of a common market. 
Desirous of enact ing a protocol 
introducing a judicious and effective 
compensation system for loss of revenue. 
Hereby agreed as follows: 
ARTICLE 1: 
For the purpose of this protocol, 
"Treaty" Means the revised Treaty of 
the Economic Community 
of West African States 
signed in Cotonou, on 24 
July 1993 
"Community" Means the Economic 
C o m m u n i t y of W e s t 
A f r i c a n S ta tes w h o s e 
creation was reaffirmed by 
article 2 of the Treaty 
"Member State" Means a Member State 
of ECOWAS. 
"Authority" M e a n s the E C O W A S 
Authority of Heads of state 
a n d G o v e r n m e n t of 
established by article 7 of 
the Treaty. 
"Council" M e a n s the E C O W A S 
C o u n c i l of M i n i s t e r s 
established by article 10 of 
the Treaty. 
"Executive Secretariat and Executive 
Secretary" M e a n s the E C O W A S 
E x e c u t i v e S e c r e t a r i a t 
provided for and Executive 
Secretary appointed under 
article 17 and 18 of the 
Treaty respectively. 
Article 2: 
Under the terms of article 48 of the Treaty, 
compensation shall be paid to Member 
States incurring loss of customs revenue 
from imports as a result of the 
implementation of the E C O W A S trade 
liberalization scheme. 
8 
II. EVALUATION OF REVENUE 
LOST 
Article 3: 
Loss of customs revenue incurring by a 
Member state is defined as total shortfall 
in receipts recorded by the Member State 
a s a result of its importat ion of 
approved originating industrial products. 
Article 4: 
Total loss of custom revenue incurred by 
an E C O W A S Member State importing 
industrial products originating from 
another E C O W A S Member State, as a 
result of the application of the preferential 
intra-community regime shall b e 
assessed according to the following 
formula: 
C R L = (Cde + Str),Vcif 
Where 
C R L = Customs revenue 
lost 
Cde = Customs duty and 
taxes of equivalent 
effect 
Str = Statistical taxation 
rate 
Vcif = CIF value of product. 
Article 5: 
Shall be compensated, any customs 
revenue lost as a result of the imposition 
of import duties and taxes assessed on 
the basis of the formula stipulated in 
article 4 above. This provisions shall not 
be applicable to domestic taxes levied on 
locally produced goods or goods imported 
from within the community. 
Ill DURATION: 
Article 6: 
The duration of the compensation 
mechanism is fixed at four (4) years, 
dating from 1 January 2002. 
Amounts payable as compensation shall 
be calculated on a decreasing scale in the 
following manner: 
100% of loss incurred, in 2002 
80% of loss incurred, in 2003 
60% of loss incurred, in 2004 
30% of loss incurred, in 2005 
0% of loss incurred, with effect from 1 
January 2006. 
Article 7: 
Member States shall transmit to the 
Executive Secretariat, within a time-limit 
not exceeding six months from the date of 
reference, a list of customs declarations 
processed under the E C O W A S trade 
liberalization scheme, accompanied by 
the originals of the certificates of origin 
of each product, and copies of the 
declaration of release for consumption. 
IV. COMPENSATION PROCEDURE: 
Article 8: 
The Executive Secretariat shall be given a 
time-limit of 90 days from the date of 
receipt of applications for compensation, 
to screen the applications, determine the 
amounts payable as compensation and 
effect payment. 
Article 9: 
Payment of compensation shall be 
effected by the Executive Secretary 
who shall render account thereof to the 
Council of Ministers. 
V. FINANCING: 
Article 10: 
Compensat ion for loss of revenue 
incurred by Member States shall be 
financed from the p r o c e e d s of the 
community levy. 
Article 11: 
Pending the entry into full force of the 
community levy, the Executive Secretariat 
shal l effect payment of the 
compensation, in consultation with the 
Member States, in accordance with the 
current rules. 
VII. FINAL PROVISION: 
Article 12: A m e n d m e n t a n d 
Revision 
1. Any Member State may submit 
proposals for the amendment or 
revision of this protocol. 
2. Any such proposals shall be 
submit ted to the Execu t i ve 
Secretariat which shall notify the 
Member States, not later than thirty 
(30) days after receipt of the 
p r o p o s a l s . A m e n d m e n t s or 
revisions shall not be considered 
by the Authority unless Member 
States have been given at least 
one month's notice thereof. 
3. Amendments or revisions shall be 
adopted by the Authority. 
Article 13: Entry into force 
1. This protocol shall enter into force 
provisionally upon signature by 
G o v e r n m e n t . A c c o r d i n g l y , 
Signatory Member States and 
Execut ive Secretariat hereby 
undertake to start implementation 
of all provision of the protocol upon 
signature. 
2. This protocol shall enter into force 
upon ratification by at least (nine) 
signatory state in a c c o r d a n c e 
with the constitution procedures of 
each Member State. 
3. This protocol and all instruments of 
ratification shall be deposited with 
the Executive Secretariat which 
shall transmit certified true copies 
to all Member States and notify 
them of the dates of deposit of 
instruments of ratification by the 
M e m b e r S t a t e s and s h a l l 
register it with the Organsation of 
African Unity (OAU), the United 
Nations Organisation (UNO), and 
other organization as the council 
may determine. 
Article 14: 
The protocol relating to assessment of 
l o s s of r e v e n u e a n d d e c i s i o n 
A /DEC. 19/5/80 dated 28 May 1980, 
r e l a t i n g to the a p p l i c a t i o n of 
compensation procedure for loss of 
revenue and all the provisions therein 
shall be abrogated upon the entry into 
force of this protocol. 
IN FAITH WHEREOF WE, THE HEADS OF STATE AND GOVERNMENT 
OF THE MEMBER STATES OF THE ECONOMIC COMMUNITY OF WEST 
AFRICAN STATES(ECOWAS) HAVE SIGNED THIS PROTOCOL IN SINGLE 
ORIGINAL IN THE ENGLISH, FRENCH AND PORTUGUESE LANGUAGES, 
ALL TEXTS BEING EQUALLY AUTHENTIC 
DONE AT DAKAR, THIS 31 ST DAY OF JANUARY 2003. 
10 
M i n i s t e r o f F o r e i g n A f f a i r s , C o o p e r a t i o n P r e s i d e n t o f t h e R e p u b l i c o f C o t e d i v o t n e 
a n d C o m m u n i t i e s , 
F o r a n d o n b e h a l f o f t h e P r e s i d e n t o f 
t h e R e p u b l i c o f C a p e V e r d e — 
His Excellency D r . Alhatfl Y a h y a A J J . 
P r e s i d e n t o f t h e R e p u b l i c o f T h e G a m b i a 
H o n . L a m i n e SIDXME 
P r i m e M i n i s t e r , r e p r e s e n t i n g t h e 
P r e s i d e n t o f t h e R e p u b l i c o f G u i n e a 
H i s Excellency K o u m b a Y a l a I 
N H A N C A 
P r e s i d e n t o f t h e R e p u b l i c o f G u i n e a - B i s s a u 
H . E . M o s e s Z . B L A H 
Vice President of the Republic of Liberia 
For and on behalf of the 
President of the Republic of Liberia 
/ 
H i s E x c e l l e n c y A m a d o u T o u m a n i T O U R E 
President of the Republic of Mali 
President of the Togolese Republic 
... v n i-L/uunilWDI HNU I K A I N I N U 
TABLE OF CONTENTS 
Page 
Preamble 
Chapter 1 DEFINITIONS 
Article 1 Definitions 13 
Chapter II PRINCIPLES AND OBJECTIVES 
Article 2 principles 14 
Article 3 Objective 15 
Chapter III AREAS OF COOPERATION 
Article4 Cooperation in Education Training Policies 15 
Article 5 Cooperation in Basic and Secondary 
Education 16 
Article 6 Cooperation at the Intermediate Level of 
Education and Training: certificates and other 
qualifications 17 
Article 7 Cooperation in Higher Education and Training 18 
Article 8 Cooperation in Research and Development 22 
Article 9 Cooperation in Teaching or continuing 
Education 23 
Article 10 Cooperation in publishing and the equipment of libraries 25 
Chapter IV INSTITUTIONS 
Article 11 Creation of an Education and Training section 25 
Article 12 Composition and Functions of the Organ 26 
Article 13 Composition and Functions of the Technical Committee 27 
Chapter V RESOURCES, TRAINING FUND AND ASSETS 
Article 14 Resources 29 
Article 15 The Education and Training fund 29 
Article 16 Partnership 29 
Article 17 Assets 30 
Chapter VI FINAL PROVISIONS 
Article 18 Final Provision 30 
Article 19 Revision and Amendments 30 
Article 20 Withdrawal 30 
Article 21 Entry into force 30 
Article 22 Application 30 
Article 23 Relationship with other Organizations 30 
Article 24 Deposit 30 
12 
PREAMBLE 
The High contracting parties, 
Mindful of Article 7, 8, 9 establishing the 
Authority of Heads of state and 
Government and defining its composition 
and functions. 
Mindful of the provision of the E C O W A S 
Revised Treaty, Articles 60 66, identifying 
areas of cooperation with regard to 
human resources, information, social and 
cultural affairs, and of chapter XII relating 
to cooperation in other areas. 
Reaffirming their final objective of 
accelerated, planned and sustained 
economic development in the West 
African sub-region and prosperity for the 
E C O W A S Member States. 
Considering that education and training 
are an indispensable part of the 
mechanism for the realization of the 
objectives of E C O W A S . 
Convinced that the full development of 
human resources is a prerequisite for the 
resolut ion of the soc io -economic 
problems confronting the sub-region. 
Further convinced that a high rate of 
literacy and numeracy, promotion of 
education of girls, and training for women 
are factors for sustained development. 
Conscious of the fact that socio­
economic and technological research is 
crucial for sustained development. 
Noting that no E C O W A S Member State 
can single-handedly provide long-term 
internationally recognized education and 
training programmes for its citizens. 
Recognizing the need for a national and 
regional dimension to development 
programmes, the utilization of human 
resources and increased productivity. 
Considering that Member States have a 
responsibility to make a concerted effort 
to equip the sub-region to face the 
challenges of the 21st century and 
beyond. 
D e s i r o u s o f e n s u r i n g t h e 
implementation, coordination and overall 
integration of regional education and 
training programmes in order to fulfil the 
aspirations of the Member States. 
Have agreed as follows: 
CHAPTER I 
DEFINITIONS 
ARTICLE 1 
For the purposes of this protocol: 
"Centre of Excellence: shall mean a 
research institute within the sub-region, 
established in accordance with the 
provisions of Article 8b of this protocol. 
"Specialised Centre" shall mean a 
spec ia l i zed teaching and training 
institution within the region established in 
accordance with the provisions of Article 
7e of this protocol. 
"Community" shall mean the Economic 
Community of West African States the 
establishment of which is reaffirmed by 
Article 2 of the E C O W A S Revised Treaty. 
"Council" shall mean the E C O W A S 
Council of Ministers, established by 
Article 10 of the E C O W A S Revised 
Treaty. 
"Qualification" shall mean a certification 
of a level of education, apprenticeship 
and training, which may be dispensed in 
different institutions and under different 
conditions, applying different methods. 
"Equivalence" shall mean the accepted 
standards expected with regard to the 
different levels of education and training, 
and the different educational system. 
"Executive Secretary" shall mean the 
Execut ive Secretary appointed in 
accordance with the provisions of Article 
18 of the E C O W A S Revised Treaty 
"Harmonisation" shal l mean the 
approved and accepted provisions 
per fo rmance and qual i ty of two 
educational or training systems or groups 
of systems. 
"HRD Sector" means the human 
resource development sector. 
"Section" shall mean the section of the 
sub-section created under the terms of 
article 11 of this protocol. 
"Protocol" shall mean the E C O W A S 
Protocol on cooperation in Education and 
Training. 
"Region" shall mean the E C O W A S 
region 
"A Basic Education shall mean early 
childhood and minimum of 9 years formal 
education and non formal education 
"High contracting parties" shall means 
E C O W A S Members States. 
CHAPTER II 
PRINCIPLES AND OBJECTIVES 
ARTICLE 2 
PRINCIPLES 
The High Contracting Parties, in pursuing 
the objectives stated in article 2 of this 
protocol, hereby affirm and declare their 
adherence to the following principles. 
a) Recognition of the equality of all 
Member States. 
b) Equitable part icipation, even 
distribution and mutual benefit 
from the proceeds of Regional 
cooperation. 
c) Optimal utilization of available 
expertise, institutions and other 
e d u c a t i o n a l a n d t r a i n i n g 
resources in the Region for the 
purposes of ensuring sustained 
c o o p e r a t i o n a m o n g t h e 
d) R e j e c t i o n of u n p r o d u c t i v e 
measures which only serve to 
undermine the effects of education 
and training policies at all levels. 
e) C rea t i on and promot ion of 
specialized centres and centres of 
excellence in the region to provide 
high quality education and training 
and conduct research. 
f) Co-option of all parties interested 
in education and training into 
act ively participating in and 
functioning as resource persons 
fo r t h e p u r p o s e s of t he 
programmes provided for in this 
protocol. 
g) Guaran tee of the academic 
freedom of institutions of learning 
and research as a means of 
promoting academic pursuite 
throughout the region. 
h) T o t a l c o m m i t m e n t to t he 
achievement of the achievement 
of the objectives of this protocol 
within the prescribed time-frame in 
order to reduce the development 
gap between the E C O W A S 
Community and the industrialsed 
world. 
i) S i m p l i f i c a t i o n and u l t imate 
e l i m i n a t i o n of imm ig ra t i on 
formalities in order to facilitate the 
free movement of students and 
workers within the region for the 
spec i f i c pu rposes of study, 
teaching, research and any other 
pursuits relating to education and 
training. 
j) Formulation of policies designed to 
create an enabling environment 
with incentives based on merit, 
and targeting well educated and 
trained individuals, with a view to 
encouraging them to use their 
expertise in the service of the 
entire region. 
14 
k) Promotion of the teaching and 
study of National and c r o s s -
border languages 
I) Gradual achievement of the 
objective identified in paragraph 
"k" above, within a period which 
shall not exceed fifteen years from 
the date of entry into force of this 
protocol. 
m) P h a s e d i n t r o d u c t i o n o f 
equivalences, harmonization and 
standardization of the educational 
and training systems and training 
systems in the region. 
n) Elimination of all discriminatory 
measures against women in order 
to ensure equity in all areas of 
education at all levels. 
ARTICLE 3 
OBJECTIVES 
By the terms of this protocol, Member 
States undertake to cooperate in the 
areas of education and training with a 
view to achieving the following objectives. 
a. To set up an efficient system 
linking the Member states, for the 
co l la t ion and e x c h a n g e of 
information and data on the 
present and projected education 
and training needs of the region. 
b. To mobilize resources of Member 
S ta tes for the c rea t ion of 
mechan isms and institutions 
which w i l l p r o d u c e t h e 
professional, technical, research 
and management cadres needed 
to facilitate the development 
of the region in every sector. 
c. To encourage and coordinate 
efforts by the Member States to 
f o r m u l a t e a n d i m p l e m e n t 
comparable educat ional and 
training policies, strategies and 
systems appropriate to their 
needs. 
d. To formulate and implement 
policies and strategies involving 
t he p r i v a t e s e c t o r , n o n ­
governmental organizations and 
other par t ies in te res ted in 
education and training. 
e. To encourage and coordinate the 
formulation and implementation of 
p o l i c i e s , s t r a t e g i e s a n d 
programmes aimed at promoting 
the study and application of the 
sciences, technology, computer 
programming, and research and 
development. 
f. To reduce and eliminate the 
constraints, preventing nationals 
of Member States, both men and 
women, from having access to a 
good education and from availing 
themselves of the openings for 
training within the sub-region. 
g. To promote the education of girls 
and ensure girls' full access to and 
achievement in all levels of the 
educational system. 
CHAPTER III 
AREAS OF COOPERATION 
ARTICLE 4 
COOPERATION IN EDUCATION AND 
TRAINING POLICIES. 
Member States acknowledge that despite 
the existence of national education and 
training policies, regional cooperation and 
mutual assistance in this area can be 
enhanced and extended to include other 
sectors by the implementation of 
coherent, comparable, harmonized and 
standardized policies within the following 
areas: 
1) Accessibility of education and 
training for all, with special 
scholarship/bursaries for the girl 
c h i l d f rom d i s a d v a n t a g e d 
communities. 
2) Raising of educational standards 
and adaptation of education and 
training to respond to the needs 
of the development process. 
3) Harmonisation of the admissions 
requirements forinstitutions 
of higher learning and vocational 
training institutions, as well as 
procedures for the recognition of 
c e r t i f i c a t e s a n d o t h e r 
qualifications; 
4) Introduction of measures to 
encourage the joint p repara t i on 
and production of teaching and 
learning materials. 
5) Establishment of partnerships to 
finance education and training 
schemes, with the involvement 
of governments, private sector and 
all other stakeholders. 
6) Encouragement of academic 
freedom and excellence as a 
contribution to the development of 
the region. 
7) Achievement of comparability, 
equivalence and standardization 
of the education and training 
systems. 
ARTICLES 
COOPERATION IN BASIC AND 
SECONDARY EDUCATION: 
1. Member States shall recognize the 
i m p o r t a n c e of b a s i c a n d 
secondary education as the 
foundation upon which tertiary 
e d u c a t i o n i s b u i l t a n d 
consequently undertake to raise 
educational standards at both the 
basic and secondary school level. 
2. Members States shall recognize 
the importance of amiliarizing 
E C O W A S R e g i o n , t h e r e b y 
acce le ra t ing the integrat ion 
process. They therefore undertake 
to inc lude mater ia l on the 
E C O W A S Member States in the 
curricula of their basic and 
secondary schools. 
3. Member States sha l l , as a 
measure for the eradication of 
i l l i teracy, undertake to take 
individual measures to ensure that 
every child of school age shall 
enjoy a minimum of nine years 
basic education. 
4. Member States shall undertake to 
give special assistance to the most 
soc ia l l y d i sadvan taged and 
physically challenged groups in 
gaining access to basic education; 
however this measure shall be 
without prejudice to the normal 
admission requirements. 
5. Member States shall ensure that 
basic education will teach students 
skills designed to equip them for 
life. 
6. Member States shall endeavour to 
ensure that basic and secondary 
school education shall remain for 
the most part under State control 
and that the following areas shall 
be the focus of cooperation and 
mutual assistance: 
A) The formulation and execution of 
school programmes in order to 
ensure high standards and the 
suitability of subjects taught, and 
achievethe h a r m o n i z a t i o n of the 
e d u c a t i o n a l s y s t e m s o f t h e 
Region. 
b) The joint development, supply and 
exchange of teaching and learning 
materials in order to improve 
quality and adapt education to the 
needs of the society. 
c) Exchange of experiences, views 
and in fo rmat ion so as to 
broaden the body of knowledge 
and expe r t i se ava i l ab l e to 
16 
programme planners, teachers, 
t r a i n e r s a n d e d u c a t i o n 
administrators. 
d) E s t a b l i s h m e n t of n a t i o n a l 
examinations and accreditation 
systems for the harmonization and 
standardization of certificates and 
otherqualifications. 
e) Support regional examination and 
a c c r e d i t a t i o n s y s t e m s and 
encourage same to accommodate 
emerging regional demands. 
7. Adult Education 
1. M e m b e r S ta tes de f ine the 
objectives of adult education to 
include the following: 
a) To make education and training 
more accessible to all and create a 
more level playing field for their 
acquisition; 
b) To achieve universal literacy. 
c) Promote the use of local/national 
languages in adult education 
programmes. 
d) To develop skills designed to equip 
the learners for life 
e) To contribute to the development 
of the ECOWAS Community. 
2. Those Member States which do 
not operate adult educat ion 
schemes are urged to introduce 
them without delay as a means of 
achieving universal adult literacy, 
thetraining of adult e d u c a t o r s 
and trainers, and the conduct of 
studies and evaluation exercises 
on adult literacy and education 
programmes. 
3. Member States shall undertake to 
promote Cooperation between 
i n s t i t u t i o n s , c e n t r e s a n d 
departments of adult education in 
the region for the d e s i g n , 
production and distribution of adult 
education teaching materials and, 
wherever possib le, the joint 
teaching of certain courses. 
ARTICLE 6 
C O O P E R A T I O N A T T H E 
I N T E R M E D I A T E L E V E L O F 
EDUCATION ANDTRAINING: 
C E R T I F I C A T E S A N D O T H E R 
QUALIFICATIONS 
1. Member States shall ensure that 
intermediate educational and 
training institutions will form the 
breeding ground for the human 
resources required for economic 
development. 
2. Member States shall ensure that 
in termedia te educat ion and 
training will dispense knowledge 
and expertise and help shape the 
minds of its beneficiaries. 
3. Member States acknowledge that 
despite the praiseworthy efforts 
d e p l o y e d by i n d i v i d u a l 
g o v e r n m e n t s t o b o o s t 
in termedia te educat ion and 
training, cooperation and mutual 
assistance are necessary in the 
following areas: 
1) Training of Teachers 
i) Formulation and implementation 
of high quality, practical and 
s u i t a b l y a d a p t e d t r a i n i n g 
programmes designed as the 
building blocks for a harmonized 
and standardized teacher training 
system. 
ii) Joint development, supply and 
exchange of teaching materials for 
teacher training, of a standard that 
will ensure the quality of the 
training received. 
iii) Exchange of experiences, views 
and information to broaden the 
k n o w l e d g e a n d s k i l l s of 
programme planners, teacher 
t r a i n e r s a n d e d u c a t i o n 
administrators; 
and accreditation bodies to 
facilitate conversion to the use of 
h a r m o n i z e d , s t a n d a r d i z e d 
c e r t i f i c a t e s a n d o t h e r 
qualifications. 
v) Joint formulation of teacher 
development programmes to 
e n h a n c e the c o m p e t e n c e , 
teaching and administrative skills 
of the beneficiaries. 
vi) C r e a t i o n of p r o f e s s i o n a l 
associations at the sub-regional 
level, to provide for the exchange 
of views, ideas and experiences 
between programme planners and 
teacher trainer in their various 
areas of specialization. 
2) T e c h n i c a l E d u c a t i o n a n d 
Vocational Training 
i) Planning and formulation of 
programmes designed to ensure 
the quality and suitability of 
technical and vocational training 
based on the pr inc ip les of 
comparability, harmonization and 
standardization. 
ii) Joint development and exchange 
of training materials designed to 
enhance the quality and suitability 
of the training received. 
iii) Exchange of experiences, ideas 
and information with a view to 
broadening the knowledge of 
trainers. 
iv) Creation of national examinations 
and accreditat ion bodies to 
faci l i tate the harmonizat ion, 
equivalence and standardization 
of the certificates awarded 
v) Creation of regional associations 
of professionals in the field of 
technical education and vocational 
training, in order to provide for the 
exchange of views, ideas and 
experiences between programme 
planners, teachers and trainers. 
management techniques and 
entrepreneurial skills which should 
be incorporated into the technical 
and training programmes. 
3) Creation of specialized teacher 
training centres in accordance with 
the provisions of Article 7 of this 
protocol, to formulate and teach 
joint programmes, particularly for 
the educat ion of phys ica l ly 
challenged children. The areas of 
specialization shall be identified 
and embodied in agreements 
which shall from time to time be 
concluded between the Member 
States. 
4) Creation, in accordance with the 
provisions of Article 7e of this 
Protocol, of specialized training 
centres for technical education 
and vocational training, which shall 
f o r m u l a t e and t e a c h jo in t 
p r o g r a m m e s d e s i g n e d for 
special ized projects such as 
distance education.The areas of 
specialization shall be identified 
and embodied in agreements 
which shall from time to time be 
concluded between the Member 
States. 
ARTICLE 7 
C O O P E R A T I O N IN H I G H E R 
EDUCATION AND TRAINING 
(A) Access to Universities: Student 
and Teaching Staff Mobility 
1. Member States shall direct Heads 
of universities a n d o t h e r 
tert iary inst i tut ions of their 
countries to reserve at least 5% 
of admissions for students from 
other E C O W A S countries. 
2. Member States shall endeavour to 
ha rmon i se and s tanda rd i ze 
requirements for admission to their 
universities. 
3. Member States shall undertake, in 
order to prevent expens ive 
18 
duplication of courses, and as a 
con t r ibu t ion to the mutua l 
recognition of certificates and 
other qua l i f i ca t ions by the 
authorities throughout the sub-
region, to direct the universities to 
devise mechanisms to facilitate 
the inter-university transfer of 
creditsand knowledge; 
4. Member States shall acknowledge 
the need to work towards the 
harmonization of the academic 
year in order to facilitate staff and 
student transfers. 
5. Member States shall undertake to 
grant to students from other 
E C O W A S countries the same 
privileges as to their own students 
i n t e r m s o f f e e s a n d 
accommodation, within a period of 
five years from the date of entry 
into force of this Protocol. 
6. Member States shall undertake to 
facilitate the movement of their 
students and teaching staff within 
the region for purposes of study, 
research, teaching and any 
other ac t i v i t i es re la t ing to 
education and training. To this end 
they shall e n d e a v o u r t o 
gradually simplify and ultimately 
eliminate immigration formalities 
that obstruct the free movement 
of students and teaching staff. 
(B) Undergraduate Studies 
1. The Member States acknowledge 
that although u n d e r g r a d u a t e 
studies remain essentially under 
the control of the nat ional 
e d u c a t i o n a l a u t h o r i t i e s , 
c o o p e r a t i o n a n d m u t u a l 
assistance will be necessary in 
certain disciplines,, which will be 
determined by the institutions 
concerned. In this regard they 
sha l l direct their univers i ty 
authorities to: 
a) Cooperate, as necessary, in the 
f o r m u l a t i o n of a c a d e m i c 
programmes, with a particular 
emphasis on joint programmes. 
b) Establish bilateral and multilateral 
relations designed to encourage 
joint or sp l i t -s i te teach ing , 
collaboration in consultancy work, 
and, where necessary, in other 
areas of academic endeavour. 
T h e f o r m , c o n t e n t a n d 
practical modalities for such 
exercises shall be determined by 
the universities concerned. 
c) Collaborate in the production of 
teaching and training materials 
such as textbooks and computer 
software, in order to create 
economies of scale and contribute 
to the harmonization of academic 
and professional programmes in 
the region. 
d) Promote bilateral and multilateral 
university student and teaching 
staff exchange programmes for 
educational reasons and in o r d e r 
to promote cultural ties and 
engender a sense of identity with 
the region. 
e) Make more use of external 
examine rs and examinat ion 
boards in order to build up the 
number of intellectuals within the 
r e g i o n a n d e n s u r e t h e 
development of internationally 
acceptable educational standards. 
f) Encourage and support the 
e s t a b l i s h m e n t of r e g i o n a l 
associations of professionals in 
the field of education, thereby 
providing a forum for the exchange 
of views, ideas and experiences 
on the different disciplines, and 
allowing the formulation of top 
q u a l i t y p r o g r a m m e s 
corresponding to the development 
needs of the Community. 
g) Inform the educational sub-sector 
of bi lateral and mult i lateral 
c o o p e r a t i o n a g r e e m e n t s 
between the universities of the 
region for purposes of sharing 
information and experiences. 
19 
u e s e i v i n g o u t s o c i a l l y 
disadvantaged and physically 
challenged candidates shall be 
accorded favourable conditions for 
admission into their chosen fields 
of study. Each case shall be 
c o n s i d e r e d separa te ly , and 
without prejudice to the regular 
c r i t e r i a f o r a d m i s s i o n . 
Government scholarships shall 
be awarded to this category of 
student, based on the results of 
tests which shall be organsied 
for the purpose. 
3. Member States shall direct their 
university authorities to ensure 
that the content, quality and 
re levance of undergraduate 
studies should be of the standard 
demanded by higher training 
institutions, employers in the 
region and in the international 
community. 
4. Member States undertake to 
provide adequate resources to 
enab le their un ivers i t ies to 
f o r m u l a t e h i g h q u a l i t y 
u n d e r g r a d u a t e s t u d i e s 
programmes and also provide 
them with well-equipped, modern 
t e a c h i n g i n f r a s t r u c t u r e s , 
libraries and state of the art 
equipment for studies in the 
s c i e n c e s , t e c h n o l o g y a n d 
information. 
(2). Post-Graduate Studies 
Admissions 
1. Member States agree that the 
entry requirement for admission 
to a receiving institution shall 
c o n s t i t u t e an a c c e p t a b l e 
requirement for every post­
graduate degree programme in the 
region. 
2. Member States shall ensure that 
the proportion of admissions to 
post-graduate study programmes 
as a g a i n s t a d m i s s i o n s to 
should represent a greater number 
of s tudents from E C O W A S 
Member States. 
3. Member States shall ensure that 
d e s e r v i n g b u t s o c i a l l y 
disadvantaged and physically 
challenged candidates shall be 
accorded f a v o u r a b l e 
conditions for admission into their 
chosen fields of study. Each case 
shall be considered separately, 
and without prejudice to t h e 
regular criteria for admission. 
Government scholarships shall 
be awarded to this category of 
student, based on the results of a 
test, which shall be organized 
for the purpose. 
4. Member States shall provide 
adequate resources to enable their 
universities to formulate high 
qua l i ty pos tg radua te s tudy 
programmes and also provide 
them with well-equipped, modern 
teaching infrastructure, libraries 
and state of the art equipment for 
studies in the sciences, technology 
and information. 
D. Areas Of Cooperation 
Member States acknowledge that the 
post of sustained, specialized post­
graduate programmes in all disciplines is 
too heavy for their individual budges to 
bear. Consequently, they undertake to 
pool the resources of the Region with a 
view to formulating high quality study 
programmes at les cost. To this end, the 
universities of the Member States shall 
undertake to cooperate in the following 
areas: 
a) The formulation of academic and 
e s p e c i a l l y jo in t a c a d e m i c 
programmes. 
b) The establishment of bilateral and 
multilateral relations with one 
another, with a view to providing 
teaching services, conducting 
research and acting in an advisory 
20 
c a p a c i t y in any a c a d e m i c 
d i sc i p l i ne as the o c c a s i o n 
demands. The institutions to 
perform these services and the 
modalities for their e x e c u t i o n 
shal l be determined by the 
universities concerned. 
c) Collaboration to produce teaching 
and learning materials such as 
textbooks and computer software, 
in order to create economies of 
sca le and contribute to the 
harmonization of academic and 
training programmes in the region; 
d) P romot ion of b i la te ra l and 
multilateral student and staff 
e x c h a n g e p r o g r a m m e s , 
strengthening of cultural ties and 
engendering of a sense of identity 
within the region; 
e) I n c r e a s e d use of ex te rna l 
examiners and examina t ion 
boards as a contribution to the 
creation of a regional intelligentsia 
and the raising of the educational 
level to a comparable level 
throughout the sub-region. 
f) Encouragement and support for 
the establishment of sub-regional 
associations of professionals in 
the field of education, thereby 
providing a forum for the exchange 
of views, ideas and experiences on 
thedifferent d i s c i p l i n e s , and 
allowing the formulation of high 
q u a l i t y p r o g r a m m e s 
corresponding to the development 
needs of the Community. 
g) Revitalization of the regional 
association of Vice-chancellors of 
universities as a forum which will 
promote the policy of cooperation 
in university education, training, 
research and development; 
h) Creation of a data bank to facilitate 
the dissemination of information. 
E. Specialized Centres 
1. Members States acknowledge that 
the final objective in creating 
s p e c i a l i z e d c e n t r e s is to 
establish reliable regional teaching 
and training institutions with a view 
to building up the number of 
properly qualified persons in the 
region. Specialised centre shall 
a lso be responsible for the 
preparation of teaching materials 
and the compilation of data on 
case studies for use in adapting 
teaching programmes to the needs 
of the region. 
2. Member States undertake to 
create specialsied departments 
where necessary within existing 
institutions in order to up-grade 
and up-date them. 
3. Member States undertake to 
support the specialised centres by 
s e n d i n g the i r s c h o l a r s h i p 
students and civil servants to 
attend courses there in preference 
to institutions outside the region. 
4. Member States shall ensure that 
applicants are mainly of post­
g r a d u a t e l e v e l . H o w e v e r , 
undergraduates may register for 
degree programmes in medicine, 
engineering and technology. 
5. Member States shall ensure that 
the sitting of specialized centres 
shall be determined with an 
eye to geographical spread and 
balance. Selection criteria shall be 
defined for each centre and the 
statutes of the centres shall be 
adopted at a later date. 
6. Member States acknowledge that 
the disciplines and areas of 
specialization of the centre shall be 
determined through consultations 
between the education sub-sector, 
t h e u n i v e r s i t i e s a n d t h e 
government authorities; 
7. Member States shall ensure that 
the official language in use at the 
centres is that of the host 
21 
i i i c a c i n i c si ic i i i p i u v i u e l a n g u a g e 
classes to make their courses 
accessible to as wide a section of 
the region as possible. 
8. Member State shall direct the 
authorities of the universities and 
the specialized centres and the 
education sub-sector in general, to 
ensurethat c o n t r o l a n d 
evaluation mechanisms are set up 
to monitor proper execution of their 
mandate. 
9. Where the performance of the 
c o n t r o l a n d e v a l u a t i o n 
m e c h a n i s m s p r o v e s 
unsatisfactory, the university 
concerned shall be given a period 
of two years within which to 
redress the situation, failing which, 
g o v e r n m e n t s u p p o r t a n d 
recognition shall be withdrawn. 
The education authorities shall 
then meet and submi t the 
outcome of their deliberations to 
the governments of the Member 
States for consideration. 
ARTICLE 8 
COOPERATION IN RESEARCH AND 
DEVELOPMENT 
1. Member States acknowledge that 
sc ien t i f i c and t echno log i ca l 
expertise can only be acquired 
through the introduction of post­
graduate and first-rate training 
programmes, and using the 
findings of basic and applied 
research with a view to achieving 
the development of the region. 
2. Member States acknowledge the 
key role-played by institutions of 
higher education in research and 
h u m a n d e v e l o p m e n t . 
Consequently, they shall strive to 
ensure that research programmes 
in the region respond to national 
and regional needs. 
3. Member States acknowledge that 
ana lecnnoiogy, imposes a heavy 
financial burden and that not every 
country disposes of sufficient 
resources to e n a b l e i t s 
institutions to develop a high 
quality research capacity in all 
disciplines. They therefore shall 
undertake to jointly develop and 
share research facilities. 
4. Member States shall undertake, 
within ten years from the date of 
entry into force of this protocol, to 
have formulated the national 
science and technology policies, 
which will establish guidelines for a 
regional science 
5. + 
6. And technology policy. 
A Research at the University Level 
1. Member States shall encourage 
their universities to take necessary 
measures to boost basic and 
applied research, and consultancy 
services, in order to enhance 
national and regional development 
efforts. 
2. Member States shall undertake to 
enjoin their universit ies and 
research institutes to cooperate 
in research projects and establish 
r e l a t i o n s w i t h 
manufacturers, investors, the 
private and other sectors within the 
region with a view to i d e n t i f y i n g 
priority research areas, and to take 
all necessary action to this end. 
3. Member States shall undertake to 
direct their university departments 
of research as well as their 
research institutes to develop, 
make accessible and share their 
f a c i l i t i e s , i n c l u d i n g h i g h -
t e c h n o l o g y e q u i p m e n t a n d 
m a t e r i a l s , a s a m e a n s of 
maximizing the utilization of their 
scarce resources. 
4. Member States shall undertake to 
promote and provide financial and 
a l l o t h e r s u p p o r t fo r the 
22 
establishment of associations of 
research scientists at the regional 
level, in order to facilitate the 
exchange of information, views 
and experience and thereby up­
g r a d e t h e q u a l i t y a n d 
re levance of their research 
programmes. 
B. Centres of Excellence 
1. M e m b e r S t a t e s s h a l l , in 
collaboration with un i ve rs i t i es 
and research institutes, set up 
centres of excellence in vital 
research areas in order to optimize 
the utilization of their scarce 
financial resources and costly 
research facilities. These centres 
shall be located evenly throughout 
the region and shall be able to pool 
human resources. 
2. Member States shall consult with 
universities and research institutes 
in order to determine modalities for 
the selection of the centres and of 
priority research areas. 
3. Member States undertake to 
facilitate the free movement of 
research scientists within the 
E C O W A S countries for purposes 
of research, consultancy services 
and related pursuits, by gradually 
e l iminat ing the immigrat ion 
formalities, which hinder free 
movement. 
4. Member States shall ensure that 
the education authorities, in 
co l labora t ion with the host 
institutions of the centres of 
excellence, shall organize and 
c o n d u c t the p e r f o r m a n c e 
evaluation of the mechanisms 
designed to ensure the smooth 
functioning of the centres. 
5. Where the results of the monitoring 
a n d e v a l u a t i o n p r o v e 
unsat isfactory, the research 
institutes concerned shall be given 
a period of two years within which 
to redress the situation, failing 
which, government support and 
recognition shall be withdrawn. 
The education authorities shall 
then meet and submit the outcome 
of their deliberations to the 
governments of the Member 
States for consideration. 
ARTICLE 9 
COOPERATION IN TEACHING AND 
CONTINUING EDUCATION 
1. Member States reaffirm their 
commitment to the achievement 
of universal literacy in their 
countries within the shortest 
p o s s i b l e t ime and h e r e b y 
undertake to provide the requisite 
resources to this end. 
2. Member States acknowledge that 
the achievement of universal 
literacy is primarily a national 
respons ib i l i ty and therefore 
undertake to establish national 
adult literacy and distance learning 
centres throughout their territories 
and the region. 
I. Distance Learning 
1. M e m b e r S ta tes de f ine the 
o b j e c t i v e s o f d i s t a n c e 
learning to be the following: 
a) To make education and training 
more accessible to all and create a 
more level playing field for their 
acquisition. 
b) To work towards ach iev ing 
universal literacy; 
c) To reduce the cost of education 
and training, taking advantage of 
the economies of scale created by 
distance education; 
d) To develop skills designed to equip 
the subjects for life. 
2. Member States shall undertake to 
harmonise policies on distance 
learning with a view to creating a 
framework for cooperation at the 
sub-regional level. 
23 
learning programme to make use 
of the facilities available at every 
level in any other Member State 
until such time as they may be able 
to create their own. 
4. Member States shall set up a 
multilingual distance learning 
centre, using the English, French 
and Portuguese languages, and 
designed to back up and improve 
on existing distance learning and 
t r a i n i n g f a c i l i t i e s in t he 
region. 
5. Member States shall undertake to 
promote cooperation between the 
distance learning institutions in the 
region in the design, p r o d u c t i o n 
and distr ibution of d is tance 
learning materials, teacher and 
trainertraining, and the teaching of 
some of their programmes. 
6. Member States shall encourage 
and support the revitalization (or 
creation where non exists) of 
regional associations of distance 
lea rn ing t e a c h e r s and the 
organization of teacher exchange 
programmes between distance 
learning institutions by way of 
establishing a forum for the 
exchange of ideas, viewpoints and 
experiences, thereby enhancing 
the quality and relevance of their 
programmes. 
II. C o u r s e s , S e m i n a r s and 
Workshops 
1. Member States undertake to 
promote cooperation between 
development institutions, through 
training institutes, universities and 
other i n s t i t u t i o n s o f f e r i n g 
c o u r s e s , s e m i n a r s a n d 
workshops. 
2. M e m b e r S ta tes de f ine the 
object ives of such courses , 
seminars and workshops to be the 
following: 
a) To teach programme development 
b) To effect the timely up-dating and 
up-grading of skills in keeping with 
the constantly evolving working 
environment. 
c) To familiarize the work force with 
technological advances. 
d) To de l i ve r m a n a g e r i a l and 
administrative training. 
3. Member States shall encourage 
universities and other training 
institutions in E C O W A S to offer a 
wide range of courses; organize 
seminars and workshops targeting 
par t i c ipan ts f rom the host 
country as well as the rest of the 
region, and aimed at transferring 
skills which will enhance the 
productivity of their workers. The 
methods to be adopted for this 
purpose shall include lectures, 
distance learning and evening 
classes. 
4. Member States shall direct their 
universities and other training 
institutions to conduct regular 
evaluation exercises in order to 
assess requirements with regard 
to s u c h a c t i v i t i e s as the 
organization of courses, seminars 
and workshops. 
5. Member States shall urge their 
universities and other training 
institutions to work closely with 
employers and the appropriate 
departments of the E C O W A S 
E x e c u t i v e S e c r e t a r i a t in 
determination the content of their 
courses seminars and workshop. 
III. S c i e n c e and Techno logy 
Competitions 
M e m b e r S t a t e s s h a l l o r g a n i z e 
competitions in the disciplines of science 
and technology to showcase the 
inventions and discover ies of the 
research community. The competitions 
shall be restricted to E C O W A S nationals, 
and prizes will be awarded to the best 
entries. 
24 
ARTICLE 10 
COOPERATION IN PUBLISHING AND 
THE EQUIPMENT OF LIBRARIES 
A. Publishing 
1. Member States acknowledge that 
they have difficulty in producing 
and d issemina t ing teach ing 
materials. Publishing houses are 
reluctant to publish academic 
materials, including journals, 
which are not widely marketable. 
They are also sometimes reluctant 
to publish local textbooks if not 
assured of a large market. 
2. M e m b e r S t a t e s f u r t h e r 
a c k n o w l e d g e tha t not a l l 
Member States have sufficient 
resources with which to set up 
university presses and publishing 
houses. 
3. Member States therefore shall 
undertake to set up regional 
presses and publishing houses for 
the purpose of publishing and 
disseminating research findings, 
text books, academic journals and 
creative work produced by local 
talents. 
4. Member States shall undertake to 
encourage the publication of 
journals and text books by 
institutions and writers whenever 
the need arises, thereby creating 
e c o n o m i e s of s c a l e , a n d 
s t i m u l a t i n g r e s e a r c h a n d 
publishing in the region. 
5. Member States shall undertake to 
encourage and support the 
publication of a wide range of 
r e a d i n g m a t e r i a l s in t he 
indigenous languages in order to 
promote the development and 
growth of these languages, the 
national cultures and the works of 
authors writing in the vernacular. 
B. Libraries 
1) Member States acknowledge the 
vital importance of libraries as 
centres for learning, teaching and 
research; and affirm that a sound 
education is largely dependent on 
access to good schools and public 
libraries as well as information and 
documentation centres. 
2) Member States also acknowledge 
the need to link up with the virtual 
library network. 
CHAPTER FOUR 
INSTITUTIONS 
ARTICLE 11 
CREATION OF AN EDUCATION AND 
TRAINING SECTION 
1. Member States hereby undertake 
to create such appropriate organs 
within the human resource 
development sector as shall be 
n e c e s s a r y for the ef fect ive 
implementation of this protocol. 
2. Without prejudice to paragraph 1 
above, the Member States shall 
create a section for cooperation in 
education and training, which shall 
constitute the core section of the 
human resource development 
sector. The objectives of this 
section shall be: 
a) To develop and establ ish a 
common network for the collection 
and regular dissemination of 
information on the current and 
projected status of supply and 
demand, and priority areas where 
education and training must be 
provided in the sub-region; 
b) To establish mechanisms and 
institutions which will enable 
Member States to pool their 
r e s o u r c e s e f f e c t i v e l y a n d 
efficiently for the training of the 
t e c h n i c a l , r e s e a r c h a n d 
administrative personnel for the 
planning and administration of 
global development in the sub-
region; 
25 
appropr iate and comparab le 
policies, strategies and systems of 
education and training in the 
Member States. 
d) To develop and implement policies 
and s t ra teg ies des igned to 
promote the participation a n d 
contribution of the private sector 
and other key stakeholders in the 
sectors of education and training. 
e) To promote and coordinate the 
formulation and implementation of 
p o l i c i e s , s t r a t e g i e s a n d 
p r o g r a m m e s d e s i g n e d to 
encourage the teaching of applied 
science and technology, with 
a focus on new information 
technology and research and 
development. 
f) To work towards the reduction and 
ultimate elimination of constraints 
w i t h a v i e w to e n s u r i n g 
E C O W A S nationals unrestricted 
access to a good education and 
t r a i n i n g w i t h i n t h e s u b -
region. 
g) To formulate and promote policies 
designed to create an enabling 
e n v i r o n m e n t by p r o v i d i n g 
incentives to deserving educated 
and trained individuals in order to 
encourage them to effectively 
exploit their special knowledge 
a n d k i l l s fo r the o v e r a l l 
development of the sub-region. 
h) To enhance mobilization of funds 
and other resources for the 
implementation of educational 
and training programmes and 
projects. 
i) To provide technical assistance to 
Member States, institutions and 
t e c h n i c a l c o m m i t t e e s on 
request. 
J) To gradually streamline and 
harmonise the educational and 
training systems in the sub-region. 
3) The fo l lowing sha l l be the 
implementating organs for this 
protocol: 
M J I I I V ^ I A>.yj\^\ L O U U I I II I 11 l l l ^ l ^ , 
c) The Decade of Education in West 
Africa (DEWA) Secretariat for all 
activities relating to education and 
training. 
4 a) The Coordinating Unit shall 
comprise the following technical 
committees, which shall report to 
the experts' committee: 
i) The technical committee on basic 
education (basic, secondary and 
non formal). 
ii) The technical committee on 
in termediate educa t ion and 
teachertraining. 
iii) The technical committee on 
in termediate educa t ion and 
technical training) 
iv) The technical committee on higher 
education, training, research and 
development. 
v) The technical committee on 
continuing education and training: 
vi) The technical committee on the 
administration of the educational 
fund. 
vii) The technical committee on the 
equivalence of certificates and 
other qualifications. 
viii) The technical committee on 
distance education 
b) The coordinating unit may 
create more technical committees 
as the need arises. 
ARTICLE 12 
COMPOSITION AND FUNCTIONS OF 
THEORGANS 
1. The organs establishes by article 
11 of this protocol are the following: 
a. The committee of Ministers 
of Education. 
26 
b. T h e E x p e r t s ' C o m m i t t e e 
comprising Senior Officials in 
charge of Education and Training 
in the Member States 
c. The Decade of Education in West 
Africa (DEWA) Secretariat, which 
shall comprise a Director and staff 
appointed or seconded by the 
Member State coordinating the 
HRD sector. 
2. The ministerial committee shall 
have the following functions: 
a) To formulate policy and strategy in 
the section 
b) To examine areas of cooperation 
as stipulated in article 4 of this 
protocol. 
c) To consider and recommend the 
annual reports on the section for 
approval by council. 
d) To c o n s i d e r a n d a p p r o v e 
recommendations on projects and 
programmes 
e) To c o n s i d e r a n d a p p r o v e 
recommendations on rules and 
r e g u l a t i o n s g o v e r n i n g the 
coordinating unit. 
f) To address any issues relating to 
the objectives, orientations and 
implementation of this protocol 
which may be brought to its 
attention by a Member State. 
g) To r e c o m m e n d to c o u n c i l , 
amendments to the protocol and / 
or changes or modifications to the 
structure of the section. 
h) To elect the chairpersons, vice-
chairpersons of the meetings of 
the ministerial committee and 
decide on the venue and date of 
such meetings. 
3. The experts committee shall have 
the following functions 
i. To a d v i s e the m i n i s t e r i a l 
committee on the activities of the 
section. 
ii. To recommend the agendas, draft 
work programmes, studies and 
projects proposed by the DEWA 
Secretariat to the ministerial 
committee for consideration. 
iii. To perform such other functions as 
may be assigned to it by the 
ministerial committee. 
iv. From time to time, seek the advise 
of prominent individuals preferably 
of E C O W A S citizenship, on issues 
relating to the protocol and its 
implementation. 
4. The Decade of Education in West 
Africa (DEWA) Secretariat shall 
have the following functions: 
a) To coordinate the day to day 
functions of the section. 
b) To facilitate the implementation of 
this protocol and monitor the 
degree of its effectiveness in 
Member States. 
c) To implement the decisions of the 
ministerial committee. 
d) To c o n v e n e and o r g a n i z e 
meetings of the section and its 
committees. 
e) To prepare and disseminate 
reports of meetings. 
5) Each organ shall draw up its own 
Rules of Procedure. 
ARTICLE 13 
COMPOSITION AND FUNCTIONS OF 
THE TECHNICAL COMMITTEES. 
The composi t ion of the technical 
committee established by article 11 of this 
protocol shall be as follows: 
a) The technical committee on basic 
education, which shall comprise 
one representative per Member 
State from at least one of the 
following categories: 
1) Ministry officials responsible for 
basic education 
27 
3) Non-governmental organizations 
with a key stake in basic education 
4) Teachers' associations 
5) The private sector 
6) Students'organizations. 
7) . Development Partners 
The general functions of the committee 
shall relate to cooperation in basic 
education and training as agreed upon 
under the terms of this protocol. 
b) The technical committee on 
in termedia te educa t ion and 
training which shall comprise one 
representative per Member State 
from at least one of the following 
categories. 
1. Ministry officials responsible for 
intermediate education 
2. Teacher training for vocational 
training 
3. Teacher trainer 
4. Teachers' associations 
5. The private section 
6. Student s organizations 
The general functions of the committee 
shall relate to cooperation in intermediate 
education and training as agreed upon 
under the terms of this protocol. 
c) The technical committee on higher 
education, advanced training, and 
research and development which 
shall c o m p r i s e o n e 
representative per Member State 
from at least one of the following 
categories. 
1. Ministry officials responsible for 
higher education and training 
2. Technical or research institutions 
3. Councils on higher education or 
4. The Private sector 
5. Student organizations 
The general functions of the committee 
shall relate to cooperation in higher 
education, advanced training, research 
and development, as agreed upon under 
the terms of this protocol. 
d) The technical committee on 
continuing education and training 
w h i c h s h a l l c o m p r i s e one 
representative per Member State 
from at least one of the following 
categories. 
1. Ministry officials responsible for 
adult education 
2. Institutions for administration, 
development and training 
3. Non-governmental organizations 
with a key stake in continuing 
education and training 
4. The private sector 
5. Student organisations 
6. African Academy of languages 
The general functions of the committee 
shall relate to cooperation in education, 
further education as agreed upon under 
the terms of this protocol. 
e) The technical committee on the 
administration of the educational 
fund which shall comprise one 
representative per Member State 
from at least one of the following 
categories. 
1. Ministry officials responsible for 
scholarships or bursaries. 
2. Ministry officials responsible for 
in termediate educa t i on and 
training 
3. Ministry officials responsible for 
higher education, training and 
28 
research and development 
4. The private sector 
5. Non-governmental organizations 
offering scholarships 
6. Student organizations 
D e v e l o p m e n t p a r t n e r s o f f e r i n g 
scholarships may attend as observers. 
The general functions of the committee 
shall relate to cooperation on issues 
r e l a t i n g to the e s t a b l i s h m e n t , 
disbursement and administration of the 
educational fund, as agreed upon under 
the terms of this protocol. 
e) The technical committee on 
certification and accreditation 
w h i c h s h a l l c o m p r i s e one 
representative per Member State 
from at least one of the following 
categories. 
1. Ministry officials responsible for 
basic education 
2. Ministry officials responsible for 
intermediate education 
3. Ministry officials responsible for 
higher education and training 
4. Ministry officials responsible for 
distance education 
5. Ministry officials responsible for 
scholarships or bursaries 
6. Councils on higher education or 
their equivalent 
7. Examinations councils 
8. Accreditation boards / councils 
f) The technical committee on 
distance education, which shall 
comprise one representative per 
Member State from at least one of 
the following categories. 
1. Ministry officials responsible for 
distances education 
2. Councils on higher education or 
their equivalent 
3. A s s o c i a t i o n s for d i s t a n c e 
education 
4. Non-governmental organizations 
involved in distance education 
5. The private sector 
6. P r i v a t e d i s t a n c e educa t i on 
institutions 
7. Student organizations. 
The general functions of the committee 
shall relate to cooperation in distance 
education, as agreed upon under, the 
terms of this protocol. 
CHAPTER FIVE 
RESOURCES, THE TRAINING FUND 
AND ASSETS 
ARTICLE 14 
RESOURCES 
The cost of cooperation in education and 
t ra in ing s h a l l be pa id for f rom 
contributions from the Member States and 
other sources. 
ARTICLE 15 
THE EDUCATION AND TRAINING 
FUND 
Member States shall establish a fund to 
be known as the E C O W A S Training Fund. 
The objects, organs and functioning of the 
fund shall be defined in the statutes and 
regulations of the fund. 
ARTICLE 16 
PARTNERSHIPS 
1. Member States agree that donor 
funding must be targeted to 
recipient countries' articulated 
objectives. 
2. Member states shall develop more 
flexible funding mechanisms to 
assistance more effective. 
ARTICLE 17 
ASSETS 
Assets acquired by Member States 
through the implementation of this 
protocol shall be considered to be 
Community assets and shall be 
administered by a committee appointed 
by Council for that purpose. 
CHAPTER SIX 
ARTICLE 18 
AMENDMENTS AND REVISION 
1. Any Member State may submit 
proposals for the amendment 
or revision of this protocol. 
2. Any such proposals shall be 
submitted to the Executive 
Secre ta r ia t , which sha l l 
communicate them to other 
Member States not later than thirty 
days after receipt of such 
proposals. Amendments and 
revision shall be considered by the 
Authority of Heads of State and 
Government after the interested 
parties have given one month=s 
notice thereof. 
3. Amendments and revisions shall 
be adopted by the Authority of 
Heads of State and Government. 
ARTICLE 19 
WITHDRAWAL 
1. Any Member State wising to 
withdraw from this protocol shall 
notify the Executive Secretary of 
its intention in writing. The 
withdrawal shall take effect twelve 
months after the date of receipt of 
the notification. At the expiry of 
this one-year period, if the 
notification is not withdrawn, the 
2. However, during this one-year 
period, the Member State shall 
continue to observe the provisions 
of this protocol, and honour its 
obligations. 
ARTICLE 20 
ENTRY INTO FORCE 
1. This protocol shall enter into force 
provisionally upon signature by the 
Heads of State and Government. 
Consequently, the Member States 
and the Executive Secretariat shall 
commence its implementation 
immediately upon signature. 
2. This protocol shall enter finally into 
force upon ratification by at least 
nine signatory States, in 
accordance with the constitutional 
procedures applicable in each 
Member State. 
ARTICLE 21 
APPLICATION 
Member States agree that this protocol 
shall apply to cooperation in education 
and training in the region. However, 
States are mandated to undertake their 
own sector specific training with the 
cooperation and guidance of the sub-
sector. 
ARTICLE 22 
R E L A T I O N S H I P WITH O T H E R 
REGIONAL AND INTERNATIONAL 
ORGANISATIONS 
Member states shall maintain good 
working relations and other forms of 
cooperation and may enter into 
agreement with other states, regional and 
international organization, whose 
objectives are compatible with the 
objectives and the provisions of this 
protocol. 
30 
H.E. Madam Fatima VEIGA 
Minister of Foreign Affairs, Cooperation 
and Communities, 
For and on behalf of the President of 
the Republic of Cape Verde 
His Excellency Dr.lAlhaji Yahya AJp. JAMMEH 
President of the Republic of The Gambia 
Hon. Lamine SIDIME 
Prime Minister, representing the 
President of the Republic of Guinea 
His Excellency Koumba Yala Kobde 
NHANCA 
President of the Republic of Guinea-Bissau 
31 
TABLE OF CONTENTS 
ECOWAS ENERGY PROTOCOL 
ECOWAS ENERGY PROTOCOL 
Preamble 34 
CHAPTER1 Definitions and purpose 
A r t l Definitions 36 
Art 2. Purpose of the Protocol 37 
CHAPTER 11 Commerce 
Art 3 International Market 37 
Art 4 Non-derogation from 
WTOAgreement 37 
Art 5. Trade-related Investment Measures 38 
Art 6 Competition 38 
Art 7. Transit 39 
Art 8. Transfer of Technology 42 
Art 9. Access to Capital 42 
CHAPTER 111 Investment Promotion and Protection 
Art 10 Promotions, Protection and 
Treatment of Investments 43 
Art 11 Key Personnel 44 
Art 12. Compensation for Losses 45 
Art 13. Expropriation 45 
Art 14. Transfers Related to Investment 46 
Art 15. Subrogation 46 
Art 16. Relation to Other Agreement 47 
Art 17. Non-application of Part III in Certain Circumstances 47 
CHAPTER IV Miscellaneous Provisions 
Art 18. Sovereignty over Energy Resources 47 
Art. 19 EnvironmentalAspects 48 
Art 20 Transparency 49 
Art 21 Taxation 50 
Art 22 State and Privileged Enterprises 51 
Art 23 Observances by Sub-national Authorities 52 
Art 24 Exceptions 52 
Art 25 Economic Integration Agreements 53 
CHAPTERV Dispute Settlement 
Art 26 Settlement of Disputes between an 
Investor and a Contracting Party 53 
Art 27 Settlement of Disputes between contracting Parties 55 
Art 28 Non-application of Article 27 to Certain Disputes 56 
CHAPTER VI Transitional Provisions 
Art 29 Interim Provisions on Trade-Related Matters 56 
Art 30 Energy-related Equipment 58 
32 
CHAPTER VII Structure and Institutions 
Art 31. Implementation 58 
Art 32 Secretariat 59 
Art 33. Voting 59 
CHAPTER VIII Final Provisions 
Art. 34 Ratification, Acceptance or Approval 59 
Art 35 Accession 60 
Art. 36 Amendments 60 
Art 37 Energy Protocols, Agreements 
And Declarations 60 
Art 38. Association Agreements 61 
Art 39. Entry into Force 61 
Art 40. Provisional Application 61 
Art 41. Reservations 62 
Art 42. Withdrawal 62 
Art 43. Energy Efficiency 62 
Art 44 Depositor 64 
Art 45 Authentic Texts 64 
ANNEXES TO THE PROTOCOL RELATING TO ENERGY 
AnnexA Energy Materials and Products 65 
Annex B Non-applicable Energy Materials and Products For 
Definition of Economic Activity in the "Energy Sector" 65 
Annex C Notification and Phase-Out 
(TRIMS) 65 
Annex D Exceptions and Rules 
Governing theApplication 
of the Provisions of the 
WTO Agreement 66 
Annex E Interim Provisions for Trade 
Dispute Settlement 72 
PREAMBLE 
THE HIGH CONTRACTING PARTIES 
MINDFUL of Articles 7, 8 and 9 of the 
E C O W A S Treaty establ ish ing the 
Authority of Heads of State and 
Government and defining its composition 
and functions. 
CONSIDERING the provisions of the 
Treaty of the Economic Community of 
West African States (hereinafter referred 
to as, the "ECOWAS Treaty") relating to 
the promotion, cooperation, integration 
and development of the energy projects 
and sectors of Member States of the 
Community, with particular reference to 
Articles 3,26,28 and 55. 
NOTING the decision A/DEC.3/5/82 of 
the Authority of the Heads of States and 
Governments of E C O W A S relating to the 
E C O W A S Energy Policy. 
MINDFUL of the fac t that the 
r e s p o n s i b i l i t y for the e c o n o m i c 
development of the West African region 
rests with the Member States themselves. 
WANTING to secure regionally efficient 
and reliable supplies of electricity and 
other forms of energy. 
CONSIDERING that the principles 
articulated and adopted by 51 nations of 
Europe and Asia, and memorialized in the 
document known as the Energy Charter 
Treaty which was signed in December, 
1994, and which went into effect in April, 
1 9 9 8 , r e p r e s e n t t h e l e a d i n g 
internationally accepted basis for the 
promotion, cooperation, integration and 
development of energy investment 
projects and energy trade among 
sovereign nations. 
APPRECIATING the fact that the Energy 
Charter Treaty is the outcome of a 
thorough and thoughtful deba te , 
deliberation and compromise among its 
signatory nations. 
CONVINCED that adherence to the terms 
j j — - -
C o m m u n i t y wi l l d e m o n s t r a t e to 
international investors and capital 
markets that the E C O W A S Region is a 
very attractive region for investing in 
energy projects and infrastructure. 
WISHING to implement the basic concept 
of the Energy Charter initiative, which is to 
cata lyse economic growth in the 
E C O W A S region by means of measure to 
liberalize energy investment and trade in 
energy. 
AFFIRMING that the Member State of 
E C O W A S attach the highest importance 
to implementing the most favoured nation 
treatment and that such commitments will 
make it possible to realize investments in 
accordance with this Protocol. 
HAVING REGARD to the objective of 
progressive liberalization of international 
trade and to the principle of avoidance of 
discrimination in international trade as 
enunciated in the Agreement Establishing 
the World Trade Organization and as 
otherwise provided for in this Protocol. 
DETERMINED to progressively remove 
technical, administrative and other 
barriers to trade in electricity, gas and 
other Energy Materials and Energy-
Related Equipment, technologies and 
services. 
MINDFUL of the rights and obligations of 
certain contracting Parties which are also 
m e m b e r s of t he W o r l d T r a d e 
Organisation; 
HAVING REGARD to competition rules 
concerning mergers, monopolies, anti­
competitive practices and abuse of 
dominant position. 
RECOGNIZING the necessity for the 
most efficient exploration, production, 
c o n v e r s i o n , s t o r a g e , t r a n s p o r t , 
distribution and use of energy. 
UNDERSTANDING that sustaining the 
environment is an essential component of 
all phases of development and trade in 
the energy sector; 
34 
RECOGNIZING the vital role of the 
pr ivate sec to r in promot ing and 
implementing energy investments, and 
intent on ensur ing a favourab le 
institutional framework for economically 
v i a b l e i n v e s t m e n t in e n e r g y 
infrastructure. 
CONVINCED of the urgency of the need 
to promote energy sector investment and 
energy trade in West Africa; and 
RECOGNIZING that adoption of the 
highest international trade standards is 
the most efficient course to pursue to 
attract energy sector investors to the 
E C O W A S Region. 
HAVE AGREED AS FOLLOWS: 
(6) "Energy Cycle" means the entire 
energy chain, including activities 
re la ted to p rospec t i ng for, 
e x p l o r a t i o n , p r o d u c t i o n , 
conversion, storage, transport, 
distribution and consumption of 
the various forms of energy, and 
the treatment and disposal of 
w a s t e s , a s w e l l a s t h e 
decommissioning, cessation or 
c losu re of t hese act iv i t ies , 
minimizing harmful Environmental 
Impacts; 
(7) "Energy Materials and Products", 
based on the Harmonized System 
o f t h e W o r l d C u s t o m s 
Organization, means the items 
included inAnnexesA. 
(7bis) "Energy -Re la ted Equipment" , 
based on the Harmonised System 
o f t h e W o r l d C u s t o m s 
Organization, means the items 
included in a list as adopted by the 
Meeting of Energy Ministers. 
(8) "Environmental Impact" means 
any effect caused by a given 
activity on the environment, 
including human health and safety, 
flora, fauna, so i l , air, water, 
climate, landscape and historical 
monuments or other physical 
structures or the interactions 
among these factors; it also 
inc ludes effects on cul tural 
her i tage or s o c i o - e c o n o m i c 
c o n d i t i o n s r e s u l t i n g f r o m 
alterations to those factors. 
(9) "Executive Secretariat" means the 
Executive Secretariat under Article 
17 of the E C O W A S Treaty. 
(10) "Freely Convertible Currency" 
means a currency which is widely 
traded in international foreign 
exchange markets and widely 
used in international transactions. 
(11) "Improving Energy Efficiency" 
means acting to maintain the same 
unit of output (of goods or services) 
without reducing the quality or 
performance of the output, while 
reducing the amount of energy 
r e q u i r e d to p r o d u c e tha t 
output. 
(12) "Intellectual Property" includes 
copyrights and related rights, 
t r a d e m a r k s , g e o g r a p h i c a l 
indications, industrial designs, 
pa ten ts , layout d e s i g n s of 
in tegrated c i rcu i ts and the 
p r o t e c t i o n of u n d i s c l o s e d 
information. 
(13) "Investment" means every kind of 
assets , owned or control led 
directly or indirectly by an Investor 
and includes: 
(a) Tangible and intangible, and 
movable and immovable, property, 
and any property rights such as 
leases, mortgages, liens, and 
pledges. 
(b) A company or business enterprise, 
or shares, stock, or other forms of 
equity participation in a company 
or business enterprises, and 
bonds and other debt of a 
company or business enterprise. 
35 
DEFINITIONS AND PURPOSE 
ARTICLE 1 
DEFINITIONS 
As used in this Protocol 
(1) "Area" means with respect to a 
state that is a Contracting Party. 
(a) The territory under its sovereignty, 
it being understood that territory 
includes land, internal waters and 
the territorial sea; and 
(b) subject to and in accordance with 
the international law of the sea, the 
sea, sea-bed and its subsoil with 
regard to which that Contracting 
Party exercises sovereign rights 
and jurisdiction. 
(C) With respect to a Regional 
E c o n o m i c I n t e g r a t i o n 
Organizat ion which is a 
Contracting Party, Area means the 
Areas of the member states of 
such Organization, under the 
provisions contained in the 
agreement establishing that 
Organization. 
(2) " C o m m u n i t y " means the 
Economic Community of West 
African States established by 
Article 2 of the ECOWAS Treaty. 
(3) "Contracting Party" means an 
ECOWAS Member State or 
Regional Economic Integration 
Organization which has consented 
to be bound by this Protocol and for 
which the Protocol is in force. 
(4) "Cost-Effective" or "Cost-
E f f e c t i v e n e s s " m e a n s 
achievement of a defined objective 
at the lowest cost or to achieve the 
greatest benefit at a given 
cost. 
(5) "Economic Activity in the 
Energy Sector" means an 
- — i " — » • ^ • 
production, storage, land 
t ranspor t , t r a n s m i s s i o n , 
distribution, trade, marketing, or 
sale or Energy Materials and 
Products except those included in 
Annex B, or concerning the 
distribution of heat to multiple 
premises. 
(c) Claims to money and claims to 
performance pursuant to contract 
having an economic value and 
associated with an Investment 
(d) Intellectual Property 
(e) Returns 
(f) Any right conferred by law or 
contract or by virtue of any licences 
and permits granted pursuant to 
law to undertake any Economic 
Activity in the Energy Sector. 
A change in the form in which assets are 
invested does not affect their character as 
investments and the term "Investment" 
includes all investments, whether existing 
at or made after the later of the date of 
entry into force of this Protocol for the 
Contracting Party of the Investor marking 
the investment and that for the 
Contracting Party in the Area of which the 
investment is made (hereinafter referred 
to as the "Effective Date") provided that 
this Protocol shall only apply to matters 
affecting such investments after the 
Effective Date. 
"Investment" refers to any investment 
associated with an Economic Activity in 
the Energy Sector and to investments or 
classes of investments designated by a 
Contracting Party in its Area as "efficiency 
projects" and so notified to the Executive 
Secretariat of ECOWAS. 
(14) "Investor" means: 
(a) A natural person having the 
citizenship or nationality of, or who 
resides or established an office in 
the Area of, a Contracting Party in 
36 
accordance with its applicable 
laws; or, 
(B) A company or other organization 
organ ized, or registered, in 
accordance with the law applicable 
in that Contracting Party. 
(15) "Make Investments" or "Making of 
Investments" means establishing 
new Investments, acquiring all or 
part of existing Investments or 
moving into different fields of 
Investment activity. 
(16) "Meeting of Energy Ministers" 
means the meeting of the organ 
responsible for implementation of 
the present Protocol composed by 
the Energy Ministers of E C O W A S . 
(17) "Regional Economic Integration 
O r g a n i z a t i o n " m e a n s an 
o rgan iza t ion const i tu ted by 
Member States to which they have 
transferred competence over 
certain matters a number of 
which are governed by this 
Protocol, including the authority to 
take decisions binding on them 
in respect of those matters. 
(18) "Returns" means the amounts 
derived from or associated with an 
Investment, irrespective of t h e 
form in which they are paid, 
inc luding profi ts, d iv idends , 
i n t e r e s t , c a p i t a l g a i n s , 
royalty payments, management, 
technical assistance or other fees 
and payments in kind. 
(19) (a) "WTO" means the World 
Trade Organization established by 
the Agreement Establishing the 
World Trade Organization. 
(b) "WTO Agreement" means the 
Agreement Establishing the World 
Trade Organizaiton, its Annexes 
and the decisions, declarations 
and unders tand ings related 
thereto, as subsequently rectified, 
amended and modified from time 
to time. 
(c) "GATT 1994" means the General 
Agreement on Tarriffs and Trade 
as specified in Annex 1A of the 
Agreement Establishing the World 
T r a d e O r g a n i z a t i o n , a s 
subsequently rectified, amended 
or modified from time to time. 
A party to the A g r e e m e n t 
Establishing the World Trade 
Organization is considered to be a 
party to GATT 1994. 
(d) "Related Instruments" mans, the 
Agreement Establishing the World 
Trade Organization including its 
Annex 1 (except GATT 1994), its 
Annexes2,3 and 4, and the 
dec i s i ons , dec la ra t ions and 
understandings related thereto as 
subsequently rectified, amended 
or modified. 
ARTICLE 2 
PURPOSE OF THE PROTOCOL 
This Protocol estab l ishes a legal 
framework in order to promote long-term 
co-operation in the energy field, based on 
complementarities and mutual benefits, 
with a view to achieving increased 
investment in the energy sector, and 
increased energy trade in the West Africa 
region. 
CHAPTER II 
COMMERCE 
ARTICLE 3 
INTERNATIONAL MARKETS 
The Contracting Parties shall work to 
promote access to international markets 
relating to Energy Materials and Products 
and Energy-Related Equipment on 
commercial terms and generally to 
develop an open and competitive energy 
market. 
ARTICLE 4 
NON-DEROGATION FROM WTO 
AGREEMENT 
Nothing in this Protocol shall derogate, as 
between particular Contracting Parties 
37 
are applied between those Contracting 
Parties. 
ARTICLES 
T R A D E - R E L A T E D INVESTMENT 
MEASURES 
(1) A Contracting Party shall not apply 
any trade-related investment 
measure that is inconsistent with 
the provisions of article III or XI of 
the GATT 1994; this shall be 
w i t h o u t p r e j u d i c e to t he 
Contracting Party's rights and 
obl igat ions under the W T O 
Agreement and Article 29 of this 
Protocol. 
(2) Such measures include any 
investment measure which is 
mandatory or enforceable u n d e r 
domest ic law or under any 
a d m i n i s t r a t i v e r u l i n g , or 
c o m p l i a n c e w i th w h i c h is 
necessary to obtain an advantage, 
and which requires: 
(a) The purchase or use by an 
enterprise of products of domestic 
origin or from any domestic 
source, whether specified in terms 
of particular products, in terms of 
volume or value of products, or in 
terms of a proportion of volume or 
value of its local production; or 
(b) That an enterprise's purchase or 
use of imported products be limited 
to an amount related to the value of 
local products that it exports. 
Or which restricts: 
(c) The importation by an enterprise of 
products used in or related to its 
local production, generally or to an 
amount related to the volume or 
value of local production that it 
exports. 
(d) The importation by an enterprise of 
products used in or related to its 
local production by restricting its 
c u i i u u i l l I C I C U C U I U Lilt! luitiiyn 
exchange inflows attributable to 
the enterprise; or 
(e) The exportation or sale for export 
by an enterprise of products, 
whether specified in terms of 
particular products, in terms of 
volume or value of products or in 
terms of a proportion of volume or 
value of its local production. 
(3) Nothing in paragraph (1) shall be 
construed to prevent a Contracting 
Party from applying the trade-
related investment measures 
described in subparagraphs (2) (a) 
and (c) as a condition of eligibility 
for export promotion, foreign aid, 
government procurement or 
p re fe ren t ia l tariff or quota 
programmes. 
(4) Notwithstanding paragraph (1), a 
Contracting Party may temporarily 
continue to maintain trade-related 
investment measures which where 
in effect more than 180 days 
before its s ignature of this 
Protocol, subject to the notification 
and phase-out provisions set out in 
AnnexC. 
ARTICLE 6 
COMPETITION 
(1) Each Contracting Party shall work 
to alleviate market distortions and 
b a r r i e r s to c o m p e t i t i o n in 
Economic Activity in the Energy 
Sector. 
(2) Each Contracting Party shall 
ensure that within its jurisdiction 
it has and enforces such laws as 
are necessary and appropriate to 
address unilateral and concerted 
ant i -compet i t i ve conduc t in 
Economic Activity in the Energy 
Sector. 
(3) C o n t r a c t i n g P a r t i e s w i t h 
experience in applying competition 
rules shall give full consideration to 
providing, upon request and within 
38 
available resources, technical 
assistance on the development 
and implementation of competition 
rules to other Contracting Parties. 
(4) Contracting Part ies may co­
operate in the enforcement of their 
competition rules by consulting 
and exchanging information. 
(5) If a Contracting Party considers 
that any specified anti-competitive 
conduct carried out within the Area 
of another Contracting Party is 
adversely affecting an important 
interest relevant to the purposes 
identified in this Article, the 
Contracting Party may notify the 
other Contracting Party and may 
request that its competi t ion 
authorities initiate appropriate 
enforcement action. The notifying 
C o n t r a c t i n g P a r t y s h a l l 
inc lude in such noti f icat ion 
sufficient information to permit the 
notified Contracting Party to 
identify the ant i -compet i t ive 
conduct that is the subject of the 
notification and shall include an 
offer of such further information 
and co-operation as the notifying 
Contracting Party is able to 
provide. The notified Contracting 
Party or, as the case may be, the 
relevant competition authorities 
may consult with the competition 
author i t ies of the noti fying 
Contracting Party in deciding 
whe the r or not to in i t ia te 
enforcement action with respect to 
the a l leged ant i -compet i t ive 
c o n d u c t i d e n t i f i e d in the 
n o t i f i c a t i o n . T h e n o t i f i e d 
Contracting Party shall inform the 
notifying Contracting Party of its 
decision or the decision of the 
relevant competition authorities 
and may if it enforcement action 
is initiated, the notified Contracting 
Party shall advise the notifying 
Contracting Party of its outcome 
and, to the extent possible, of 
a n y s i g n i f i c a n t i n t e r i m 
development. 
(6) Any information provided under 
the terms of this Article shall be 
made only with due regard for 
internal laws of a Contracting Party 
r e g a r d i n g d i s c l o s u r e o f 
information, confidentiality or 
business secrecy. 
(7) The procedures set forth in 
paragraph (5) and Article 27 (1) 
shall be the exclusive means 
within this Protocol of resolving 
any disputes that may arise over 
t h e i m p l e m e n t a t i o n o r 
interpretation of this Article. 
(8) Contracting Parties agree that 
open and non-discr iminatory 
access to power generat ion 
sources and transmission facilities 
e n c o u r a g e s i n v e s t m e n t in 
genera t i on and d is t r ibut ion 
facilities, and thereby increases 
c o m p e t i t i o n in s u c h s u b -
sectors of the power industry, in 
turn leading to reduced cost for 
power. Contracting Parties agrees 
therefore to make accessible for 
a l l o t h e r C o n t r a c t i n g 
Parties and Investors, without any 
discrimination, power generation 
sources and transmission facilities 
sited within their Areas. 
ARTICLE 7 
TRANSIT 
(1) Each Contracting Party shall take 
the necessa ry measures to 
facilitate the Transit of Energy 
Materials and Products consistent 
with the principle of freedom of 
transit and without distinction as to 
the o r i g i n , d e s t i n a t i o n or 
owne rsh ip of s u c h E n e r g y 
M a t e r i a l s and P r o d u c t s or 
discrimination as to pricing on the 
basis of such distinctions, and 
w i t h o u t i m p o s i n g a n y 
unreasonable delays, restrictions 
or charges. 
(2) C o n t r a c t i n g P a r t i e s s h a l l 
encourage relevant entities to co­
operate in: 
39 
of Energy materials and Products. 
(b) The development and operation of 
Energy Transport Facilities serving 
the Areas of more than one 
Contracting Party; 
(c) Measures to mitigate the effects of 
interruptions in the supply of 
Energy Materials and Products; 
(D) Facilitating the interconnection of 
Energy Transport Facilities. 
(3) E a c h C o n t r a c t i n g P a r t y 
undertakes that its p r o v i s i o n s 
relating to transport of Energy 
Materials and Products and the 
use of Energy Transport Facilities 
shall treat Energy Materials and 
Products in Transit in no less 
favourable a manner than its 
provision treat such materials and 
products originating in or destined 
for its own Area, unless an existing 
international agreement provides 
otherwise. Contracting Parties 
shall, subject to paragraphs (6) 
and (7), secure established flows 
of Energy Materials and Products 
to, from or between the Areas of 
other Contracting Parties. 
(4) In the event that Transit of Energy 
Materials and Products cannot be 
a c h i e v e d b y m e a n s o f 
e x i s t i n g E n e r g y T r a n s p o r t 
F a c i l i t i e s c o n s i s t e n t w i t h 
paragraph (1), the established, 
except in the case where a 
Contracting Party can prove 
that the new capacity or the 
building of new capacities would 
e n d a n g e r the s e c u r i t y or 
efficiency of the existing energy 
system, including supply security, 
except as may be otherwise 
provided in applicable legislation 
which is consistent with paragraph 
<+>• 
(5) A Contracting Party through whose 
A r e a Energy Mater ia ls and 
Products may transit shall not be 
obliged to 
i i iuuii iucuiun u i cn t J i yy i i a i i s p u u 
Facilities; or 
(b) Permit new or additional Transit 
through existing Energy Transport 
Facilities. 
Which it demonstrates to the other 
Contracting Parties concerned would 
endanger the security or efficiency of its 
energy systems, including the security of 
supply. 
(6) A Contracting Party through whose 
A r e a Energy Mater ia ls and 
Products transit shall not, in the 
event of a dispute over any matter 
arising from that Transit, interrupt 
or reduce, permit any entity subject 
to its control to interrupt or reduce, 
or require any entity subject to its 
jurisdiction to interrupt or reduce 
the exist ing flow of Energy 
Materials and Products prior to the 
c o n c l u s i o n of the d i s p u t e 
resolution procedures set out in 
paragraph (7), except where this is 
specifically provided for in contract 
or other agreement governing 
such Transit or permitted in 
accordance with the conciliator's 
decision. 
(7) The following provisions shall 
apply to a dispute envisioned by 
paragraph (6), but only following 
the exhaustion of all relevant 
contractual or other dispute 
resolution remedies previously 
agreed between the Contracting 
Parties party to the dispute or 
between any entity referred to in 
paragraph (6) and an entity of 
another Contracting Party to the 
dispute: 
(a) A Contracting Party to the dispute 
may refer it to the Executive 
Secretariat of E C O W A S by a 
notif ication summar iz ing the 
m a t t e r s in d i s p u t e . T h e 
E x e c u t i v e S e c r e t a r i a t of 
E C O W A S s h a l l no t i f y a l l 
Contracting Parties of any such 
referral. 
40 
(b) Within 30 days of receipt of such a 
no t i f i ca t i on , the E x e c u t i v e 
Secretariat of E C O W A S , in 
consultation with the parties to the 
dispute and the other Contracting 
Parties concerned, shall appoint a 
conciliator. Such a c o n c i l i a t o r 
shall have experience in the 
matters subject to dispute and 
shall not be a national or citizen of 
or permanently resident in the Area 
of a party to the dispute or one of 
the other Contracting Parties 
concerned. 
(c) The conciliator shall see the 
agreement of the parties to the 
dispute to a resolution thereof or 
upon a procedure to achieve such 
resolution. If within 90 days of his 
appointment he has failed to 
secure such agreement, he shall 
recommend a resolution to the 
dispute or a procedure to achieve 
such resolution and shall decide 
the interim tariffs and other terms 
and conditions to be observed for 
Transit from a date which he shall 
specify for 12 months or until the 
dispute is resolved, whichever is 
earlier. 
(d) The Contracting Parties undertake 
to observe and ensure that the 
entities under their control or 
jurisdiction observe any interim 
decision under subparagraph (c) 
on tariffs, terms and conditions for 
12 m o n t h s f o l l o w i n g the 
conciliator's decision or until 
r e s o l u t i o n of the d i s p u t e , 
whichever is earlier. 
(e) Notwithstanding subparagraph (b) 
t h e E C O W A S E x e c u t i v e 
Secretariat may elect not to 
a p p o i n t a c o n c i l i a t o r if in i ts 
j u d g m e n t the d i s p u t e c o n c e r n s 
Transit that is or has been the 
subject of the dispute resolut ion 
p r o c e d u r e s s e t o u t i n 
subparagraphs (a) to (d) and those 
proceedings have not resulted in 
resolution of the dispute. 
(f) The Meeting of Energy Ministers 
shall adopt standard provisions 
concerning t he c o n d u c t of 
conciliation and the compensation 
of conciliators. 
(8) Nothing in this Art ic le shal l 
derogate from a Contracting 
Party's rights and obligations 
under international law including 
customary internat ional law, 
existing bilateral or mu l t i l a t e ra l 
agreements , inc luding rules 
concerning submarine cables and 
pipelines. 
(9) This Article shall not be so 
interpreted as to oblige any 
Contracting Party which does not 
have a certain type of Energy 
Transport Faci l i t ies used for 
Transit to take any measure 
under this Article with respect to 
that type of Energy Transport 
Facilities. Such a Con t rac t i ng 
Party is, however, obliged to 
comply with paragraph (4) 
(10) Forthe purpose of this Article: 
(a) "Transit" means 
(i) The carriage through the Area of a 
Contracting Party, or to or from port 
facilities in its Area for loading or 
unloading, of Energy Materials and 
Products originating in the Area of 
another state and destined for the 
Area of a third state, so long as 
either the other state or the third 
state is a Contracting Party; or 
(11) the carriage through the Area of a 
Contract ing Party of Energy 
Materials and Products originating 
in the Area of another Contracting 
Party and destined for the Area of 
that other Contracting Party. 
(b) "Energy Transport Faci l i t ies" 
consist of high-pressure gas 
t ransmission pipel ines, high-
voltage electricity transmission 
grids and lines, and other fixed 
facilities specifically for handling 
Energy Materials and Products. 
41 
TRANSFER OF TECHNOLOGY 
(1) The Contracting Parties agree to 
promote access to and transfer of 
e n e r g y t e c h n o l o g y on a 
c o m m e r c i a l a n d n o n ­
discriminatory basis to assist 
effective trade in Energy Materials 
and Products and Investment and 
to implement the objectives of this 
Protocol subject to their laws and 
regulations, and to the protection 
of Intellectual Property rights. 
(2) A c c o r d i n g l y , to the extent 
necessary to give effect to 
paragraph (1) the Contracting 
Parties shall eliminate existing 
obstacles and create no new ones 
to the transfer of technology in 
the field of Energy Materials and 
Products and related equipment 
and services, subject to non-
p r o l i f e r a t i o n a n d o t h e r 
international obligations. 
ARTICLE 9 
ACCESS TO CAPITAL 
(1) T h e C o n t r a c t i n g P a r t i e s 
acknowledge the importance of 
o p e n c a p i t a l m a r k e t s in 
encouraging the flow of capital to 
finance trade in Energy Materials 
and Products and for the making of 
and assisting with regard to 
Investments in Economic Activity 
in the Energy Sector in the Areas 
of other Contracting Parties. Each 
C o n t r a c t i n g P a r t y s h a l l 
accordingly endeavour to promote 
conditions for access to its capital 
marke t by c o m p a n i e s and 
nationals of other Contracting 
Parties, or, any other third state, for 
the purpose of financing trade in 
Energy Materials and Products 
and for the purpose of Investment 
in Economic Activity in the Energy 
Sector in the Areas of those other 
Contracting Parties, on a basis no 
less favourable than that which it 
accords in like circumstances to its 
third state, whichever is the most 
favourable. 
(2) A Contracting Party may adopt and 
maintain programmes providing 
for access to their Investors to 
public loans, grants, guarantees or 
insurance for facilitating trade or 
Investment within the Area of 
other Contract ing Part ies. It 
s h a l l m a k e s u c h f ac i l i t i e s 
available, consistent with the 
objectives, constraints and criteria 
of such programmes (including 
any objectives, constraints or 
criteria relating to the place of 
business of an applicant for any 
such facility or the place of delivery 
of goods or services supplied with 
the support of any such facility) for 
Investments in the Economic 
Activity in the Energy Sector of 
other Contracting Parties or for 
financing trade in Energy Materials 
a n d P r o d u c t s w i t h o t h e r 
Contracting Parties. 
(3) Contract ing Part ies shal l , in 
implementing programmes in 
Economic Activity in the Energy 
Sector to improve the economic 
stability and investment climates of 
the Contracting Parties, seek as 
appropriate to encourage the 
operations and take advantage 
of the expert ise of relevant 
international financial institutions. 
(4) Nothing in this Article shall prevent. 
(a) Financial institutions from applying 
their own lending or underwriting 
p rac t i ces based on market 
p r i n c i p l e s a n d p r u d e n t i a l 
considerations; or 
(b) A Contracting Party from taking 
prudent measures, including 
(i) Steps to protect its investors, 
consumers, depositors, insured or 
persons to whom a fiduciary duty is 
owed by a financial service 
supplier; or 
42 
(ii) Steps to ensure the integrity and 
stability of its financial system and 
capital markets. 
CHAPTER III 
INVESTMENT PROMOTION AND 
PROTECTION 
ARTICLE 10 
PROMOTION, PROTECTION AND 
TREATMENT OF INVESTMENTS 
(1) Each Contracting Party shall, in 
accordance with the provisions of 
this Protocol, encourage and 
c r e a t e s t a b l e , e q u i t a b l e , 
f avou rab le and t ransparen t 
conditions for Investors to make 
Investments in its Area. Such 
c o n d i t i o n s s h a l l i n c l ude a 
commitment to accord at all times 
to Investments of Investors fair and 
e q u i t a b l e t r e a t m e n t . S u c h 
Investments shall also enjoy the 
most constant protection and 
security and no Contracting Party 
shal l in any way impair by 
unreasonable or discriminatory 
measures their management, 
maintenance, use, enjoyment or 
disposal. In no case shall such 
I n v e s t m e n t s be a c c o r d e d 
treatment less favourable than that 
required by international law, 
including treaty obligations. Each 
Contracting Party shall observe 
any obligations it has entered into 
with an Investor or with respect to 
an Investment. 
(2) Each Contracting Party shall 
endeavour to accord to Investors, 
as r ega rds the M a k i n g of 
Investments in its Area , the 
Treatment described in paragraph 
(3). 
(3) For the purposes of this Article, 
"Treatment" means treatment 
accorded by a Contracting P a r t y 
which is no less favourable than 
that which it accords to its own 
Investors or to Investors of any 
other Contracting Party or, indeed, 
of any third state, whichever is the 
most favourable. 
(4) Each Contracting Party shall, as 
regards the making of Investments 
in its Area, endeavour to: 
(a) L imi t to the m in imum the 
except ions to the Treatment 
described in paragraph (3). 
(b) Progressively remove existing 
restrictions affecting Investors. 
5 (a) A Contracting Party may, as 
regards the Making of Investments 
in its Area, at any time declare 
voluntarily to the Meeting of 
Energy Ministers, through the 
E x e c u t i v e S e c r e t a r i a t of 
E C O W A S , its intention not to 
introduce new exceptions to the 
Treatment described in paragraph 
(3). 
(b) A C o n t r a c t i n g P a r t y may, 
furthermore, at any time make a 
voluntary commitment to accord to 
Investors, as regards the Making 
of Investments in some or all 
Economic Activities in the Energy 
Sector in its Area, the Treatment 
described in paragraph (3). Such 
commitments shall be notified to 
the Execut ive Secretariat of 
E C O W A S and shall be binding 
under this Protocol 
(6) Each Contracting Party shall, in its 
Area, accord to Investments of 
Investors and their re lated 
activities including management, 
maintenance, use, enjoyment or 
d i sposa l , treatment no less 
favourable than that which it 
accord to its own Investors or of the 
Investors of any third state and 
their related activities including 
management, maintenance, use, 
enjoyment or disposal, whichever 
is the most favourable. 
(7) The modalities of application of 
paragraph (6) may exc lude 
programmes under which a 
43 
other financial assistance, or 
enters into contracts, for energy 
technology research and 
development. Each Contracting 
Party shall through the Executive 
Secretariat of ECOWAS keep the 
Meeting of Energy Ministers 
informed of the modalities it 
applies to the programmes 
described in this paragraph. 
(8) Each state or Regional Economic 
Integration Organization which 
signs or accedes to this 
Protocol shall, on the date it signs 
theProtocol or deposits its 
instrument of accession, submit to 
the Executive Secretariat of 
ECOWAS a report summarizing all 
laws, regulations or other 
measures relevant to: 
(a) Exceptions to paragraph (2); or 
(b) The programs referred to in 
paragraph (7) 
A contracting party shall keep its report up 
to date by promptly submitting 
amendments to the Executive Secretariat 
of ECOWAS. The Meeting of Energy 
Ministers shall review these reports 
periodically. 
In respect of subparagraph (a) the report 
may designate parts of the energy sector 
in which a contracting party accords to 
Investor the Treatment described in 
paragraph (3). 
In respect of subparagraph (b) the review 
by the Meeting of Energy Ministers may 
consider the effects of such programmes 
on competition and Investors. 
(9) Notwithstanding any other 
provision of this Article, the 
treatment described in paragraphs 
(3) and (6) shall not apply to the 
protection of Intellectual Property, 
instead, the treatment shall be as 
specified in the corresponding 
provisions of the applicable 
international agreements for the 
protection of Intellectual property 
(10) For the purpose of Article 26, the 
application by a contracting party 
of a trade-related investment 
measure as described in Article 5 
(1) and (2) to an Investment of an 
Investor existing at the time of such 
application shall, subject to Article 
5 (3) and (4), be considered a 
breach of an obligation of the 
former contracting party under this 
part. 
(11) Each contracting party shall 
ensure that its domestic law 
provides effective means for the 
assertion of claims and the 
enforcement of rights with respect 
to Investments, investment 
agreements, and investment 
authorizations. 
ARTICLE 11 
KEYPERSONNEL 
(1) Acontracting partyshall, subjectto 
its laws and regulations relating 
to the entry stay and work of 
natural persons, examine in good 
faith requests by Investors and key 
personnel who are employed by 
such Investors or by Investments 
of such Investors, to enter and 
remain temporarily in its Area to 
engage in activities connected with 
the making or the development, 
management, maintenance, 
use enjoyment or disposal of 
relevant Investments, including 
the provision of advice or key 
technical services. 
(2) A contracting party shall permit 
Investors which have Investments 
in its Area, and Investments of 
such Investors, to employ any key 
person of the Investor's or the 
Investment's choice regardless of 
nationality and citizenship 
provided that such key person has 
been permitted to enter, stay and 
work in the Area of the contracting 
party and that the employment 
concerned conforms to the terms, 
44 
conditions and time limits of the 
permission granted to such key 
person. 
ARTICLE 12 
COMPENSATION FOR LOSSES 
(1) Except where Article 13 applies, an 
Investor which suffers a loss with 
respect to any Investment in the 
Area of a contracting party owing 
to war or other armed conflict, state 
of national emergency, civil 
disturbance, or other similar event 
in that Area, shall be accorded by 
the latter contracting party, as 
r e g a r d s r e s t i t u t i o n , 
indemnification, compensation or 
other settlement, treatment which 
is the most favourable of that which 
that contracting party accords to 
any other Investor, whether its own 
Investor, the Investor of any other 
contracting party, or the Investor of 
any third state. 
(2) Without prejudice to paragraph (1), 
an Investor which, in any of the 
situations referred to in that 
paragraph, suffers a loss in the 
A rea of a contracting party 
resulting from 
(a) Requisitioning of its Investment or 
part thereof by the latter's forces or 
authorities 
Or 
(b) Destruction of its Investment or 
part thereof by the latter's forces 
or authorities which was not 
required by the necessity of the 
situation, 
Shall be accorded restitution or 
compensation which in either case 
shall be prompt adequate and 
effective 
ARTICLE 13 
EXPROPRIATION 
(1) Investments of Investors "in the 
Area of any contract ing party 
s h a l l not be n a t i o n a l i z e d , 
expropriated or subjected to a 
measure or measures having 
effect equivalent to nationalization 
or expropr iat ion (hereinafter 
referred to as "Expropriation" 
except where such Expropriation 
is: 
(a) For a purpose which is in the public 
interest 
(b) Not discriminatory 
(c) Carried out under due process of 
law, and 
(d) Accompanied by the payment of 
prompt, adequate and effective 
compensations. 
Such compensation shall amount to the 
fair market value of the Investment 
expropriated at the time immediately 
before the Expropriation or impending 
Expropriation became known in such a 
way as to affect the value of the 
Investment (hereinafter referred to as the 
"Valuation Date") 
Such fair market value shall at the request 
of the Investor be expressed in a freely 
convertible currency on the basis of the 
market rate of exchange existing for that 
cu r rency on the va lua t ion date. 
Compensation shall also include interest 
at a commercial rate established on a 
marke t b a s i s f rom the da te of 
Expropriation until the date of payment. 
(2) The Investor affected shall have a 
right to prompt review, under the 
law of the contracting party making 
the Expropriation, by a judicial or 
other competent and independent 
authority of that contracting party, 
of its case of the valuation of its 
Investment, and of the payment 
of compensation, in accordance 
with the principles set out in 
paragraph (1). 
(3) For the avoidance of doubt, 
. .. Exp rop r i a t i on . s h a l l i nc lude 
situations where a contracting 
party expropriates the assets of a 
company or enterprise in which an 
45 
shares. 
ARTICLE 14 
T R A N S F E R S R E L A T E D T O 
INVESTMENTS 
1). Each contracting party shall with 
respect to Investments made in its 
Area by Investors guarantee the 
freedom of transfer into and out of 
its Area, including the transfer of: 
(a) The initial capi tal plus any 
a d d i t i o n a l c a p i t a l for the 
maintenance and development of 
an Investment. 
(b) Returns 
(c) Payments under a contract, 
including amortization of principal 
and accrued interest payments 
pursuant to a loan agreement 
(d) Unspent earnings and other 
r emune ra t i on of p e r s o n n e l 
e n g a g e d f r o m a b r o a d in 
connection with that Investment. 
(e) P r o c e e d s from the sa le or 
liquidation of all or any part of an 
Investment 
(f) Payments arising out of the 
settlement of a dispute 
(g) P a y m e n t s of c o m p e n s a t i o n 
pursuanttoArticles12and 13 
(2) Transfers under paragraph (1) 
shall be effected without delay and 
(except in case of a return in kind) 
in a freely convertible currency. 
(3) Transfers shall be made at the 
market rate of exchange existing 
on the date of transfer with respect 
to spot transactions in the currency 
to be transferred. In the absence of 
amarketfor foreign exchange, 
the rate to be used will be the most 
recent rate applied to inward 
investments or the most recent 
R igh t s , w h i c h e v e r is more 
favourable to the Investor. 
(4) Notwithstanding paragraphs (1) to 
(3), a contracting party may protect 
the rights of creditors, or ensure 
compliance with laws on the 
issuing, trading and dealing in 
securities and the satisfaction of 
judgments in civil, administrative 
a n d c r i m i n a l a d j u d i c a t o r y 
proceeding, through the equitable, 
non-discriminatory, and good faith 
appl icat ion of its laws and 
regulations. 
(5) Notwithstanding subparagraph 
(1)(b), a contracting party may 
restrict the transfer of a return in 
kind in circumstances where the 
contracting party is permitted 
under Article 29(2)(a) or the WTO 
Agreement to restrict or prohibit 
the exportation or the sale for 
export of the product constituting 
the return in kind, provided that a 
contracting party shall permit 
transfers of returns in kind to be 
effected as authorized or specified 
in an investment agreement, 
investment authorization, or other 
written agreement between the 
contracting party and either an 
Investor or its Investment. 
ARTICLE 15 
SUBROGATION 
(1) If a contracting party or its 
designated agency (hereinafter 
referred to as the "Indemnifying 
Party") in the Area of another 
contracting party (hereinafter 
referred to as the "Host Party"), the 
Host Party shall recognize: 
(a) T h e a s s i g n m e n t to t h e 
Indemnifying party of all the rights 
and claims in respect of such 
investment, and 
(b) The right of the indemnifying party 
to exercise all such rights and 
46 
enforce such claims by virtue of 
subrogation. 
(2) The indemnifying party shall be 
entitled in all circumstances to: 
(a) The same treatment in respect of 
the rights and claims acquired by it 
by virtue of the a s s i g n m e n t 
referred to in paragraph (1), and 
(b) The same payments due pursuant 
to those rights and claims, as the 
Party Indemnified was entitled to 
receive by virtue of this protocol in 
r e s p e c t of the i n v e s t m e n t 
concerned. 
(3) In any proceeding under Article 26, 
a contracting party shall not assert 
asa defence, counterclaim, 
right of set-off or for any other 
reason, that indemnification or 
other compensation or all or part 
of the alleged damages has been 
received or will be received 
pursuant to an insurance or 
guarantee contract. 
ARTICLE 16 
RELATION TO OTHER AGREEMENTS 
Where two or more contracting parties 
have entered into prior international 
agreement, or enter into a subsequent 
international agreement, whose terms in 
either case concern the subject matter of 
chapter III or V of this protocol. 
(1) Nothing in chapter III or V of this 
protocol shall be construed to 
derogate from any provision of 
such terms of the other agreement 
or from any right to dispute 
resolution with respect thereto 
under that agreement and 
(2) Nothing in such terms of the other 
agreement shall be construed to 
derogate from any provision of 
chapter III or V of this protocol or 
from any right to dispute resolution 
with respect thereto under this 
protocol. 
Where any such provision is more 
favourable to the Investor or 
Investment. 
ARTICLE 17 
NON-APPLICATION OF CHAPTER III IN 
CERTAIN CIRCUMSTANCES 
Each contracting party reserves the right 
to deny the advantages of the provisions 
ofchapterlllto: 
(1) A legal entity if citizens or nationals 
of a third state own or control such 
entity and if that entity has no 
substantial business activities in 
the Area of the contracting party in 
which it is organized or 
(2) An investment, if the denying 
contracting party establishes that 
such investment is an investment 
of an investors of a third state with 
or as to which the denying 
contracting party: 
(a) Does not maintain a diplomatic 
relationship or 
(b) Adopts or maintains measures 
that 
(i) Prohibit transactions with 
investors of that state or 
(ii) Would be violated or circumvented 
if the benefits of this chapter were 
accorded to investors of that state 
or to their investments. 
CHAPTER IV 
MISCELLANEOUS PROVISIONS 
ARTICLE 18 
S O V E R E I G N T Y O V E R E N E R G Y 
RESOURCES 
(1) The contracting parities recognize 
state sovereignty and sovereign 
rights over energy resources . 
The reaffirm that these must be 
exercised in accordance with and 
47 
iciw. 
(2) Without affecting the objectives of 
promoting access to energy 
resources, and exploration and 
d e v e l o p m e n t the reo f on a 
commercial basis, this protocol 
shall in no way prejudice the rules 
in contracting parties governing 
the system of property ownership 
of energy resources. 
(3) Each state continues to hold in 
particular the rights to decide the 
geographical areas within its Area 
to be m a d e a v a i l a b l e for 
exploration and development of its 
energy resources, the optimization 
of their recovery and the rate at 
which they may be depleted or 
otherwise exploited, to specify and 
enjoy any taxes, royalties or other 
financial payments payable by 
virtue of such exploration and 
exploitation, and to regulate the 
environmental and safety aspects 
of such exploration, development 
and reclamation within its Area, 
and to participation i n s u c h 
exploration and exploitation, inter 
alia, through direct participation by 
the government or through state 
enterprises. 
(4) The contracting parties undertake 
to facilitate access to energy 
r e s o u r c e s , i n t e r a l i a , by 
allocating in a non-discriminatory 
manner on the basis of published 
criteria authorizations, licences, 
concessions and contracts to 
prospect and explore for or to 
e x p l o i t or e x t r a c t e n e r g y 
resources. 
(f) Promote public awareness of the 
Environmental Impacts of energy 
systems, of the scope for the 
prevention or abatement of their 
adverse Environmental Impacts 
and of the costs associated with 
various prevention or abatement 
measures. 
(g) Promote and co-operate in the 
r e s e a r c h , deve lopmen t and 
application of energy efficient and 
processes which will minimize 
harmful environmental impacts of 
all aspects of the Energy Cycle in 
an economically efficient manner. 
(h) Encourage favourable conditions 
for the transfer and dissemination 
of such technologies consistent 
with the adequate and effective 
protection of Intellectual Property 
rights 
(1) P r o m o t e t he t r a n s p a r e n t 
assessment at an early state and 
prior to decision, and subsequent 
monitoring, of environmental 
impac ts of env i ronmen ta l l y 
significant energy investment 
projects. 
(j) Promote international awareness 
and information exchange on 
contracting p a r t i e s r e l e v a n t 
environment programmes and 
s t a n d a r d s a n d o n t h e 
i m p l e m e n t a t i o n of t h o s e 
programmes and standards and 
on the implementation of those 
programmes and standards. 
(k) Participate, upon request, and 
within their available resources, in 
t h e d e v e l o p m e n t a n d 
implementation of appropriate 
environmental programmes in 
theirAreas. 
(2) At the request of one or more 
contracting parties, d i s p u t e s 
concerning the application or 
interpretation of provisions of this 
Article shall, to the extent that 
a r r a n g e m e n t s f o r t h e 
consideration of such disputes do 
not exist in other appropriate 
international for a, be reviewed by 
the Meeting of Energy Ministers 
aiming at a solution. 
ARTICLE 19 
ENVIRONMENTAL ASPECTS 
(1) In p u r s u i t of s u s t a i n a b l e 
development and taking into 
48 
account its obligations under those 
i n t e r n a t i o n a l a g r e e m e n t s 
concerning the environment to 
which it is party, each contracting 
party shall strive to minimize in an 
economically efficient manner 
harmful Environmental Impacts 
occurring either within or outside 
its Area from all operations within 
the Energy Cycle in its Area, taking 
proper account of safety. In doing 
so each contracting party shall act 
in a cost-effective manner. In its 
p o l i c i e s and a c t i o n s e a c h 
contracting party shall strive to 
take precautionary measures to 
prevent or minimize environmental 
degradation. The contracting 
parties agree that the polluter in 
the Areas of contracting parties, 
shal l bear the cost of the 
avoidance, elimination, and clean­
up of any pollution, as well as the 
cost of any other consequences of 
such pollution, including trans-
boundary pollution, with due 
regard to the public interest a n d 
without distorting investment in the 
Energy Cycle or international trade 
c o n t r a c t i n g p a r t i e s s h a l l 
accordingly. 
(a) Take account of environmental 
considerations throughout the 
formulation and implementation of 
their energy policies. 
(b) Promote market-oriented price 
formation and a fuller reflection of 
environmental costs and benefits 
throughout the Energy Cycle. 
(c) Encourage co-operation in the 
attainment of the environmental 
objectives of this protocol and co¬
o p e r a t i o n in the f i e l d of 
in te rna t iona l e n v i r o n m e n t a l 
standard for the Energy Cycle. 
(d) Have par t icu lar regards to 
improving Energy Efficiency, to 
developing and using renewable 
energy sources, to promoting the 
use of cleaner fuels and to 
employing techno log ies and 
technological means that reduce 
pollution. 
(e) Promote the collection and sharing 
among contracting parties of 
information on environmentally 
sound and economically efficient 
energy policies and cost-effective 
practices and technologies. 
ARTICLE 20 
TRANSPARENCY 
(1) L a w s , r e g u l a t i o n s , j ud i c i a l 
dec is ions and administrative 
rulings of general application 
which affect trade in Energy 
Materials and Products or Energy-
Re la ted Equ ipmen t are , in 
accordance with Article 29(2) (a), 
among the measures subject to 
the transparency disciplines of the 
WTOAgreement. 
(2) L a w s , r e g u l a t i o n s , j ud i c i a l 
dec is ions and administrative 
rulings of general application 
made effective by any contracting 
party, and agreements in force 
between contracting parties, which 
affect other matters covered by 
this protocol sha l l a lso be 
published promptly in such a 
manner as to enable contracting 
parties and investors to become 
acqua in ted with them. The 
provisions of this paragraph shall 
not require ant contracting party to 
disclose confidential information 
w h i c h w o u l d i m p e d e law 
enforcement or otherwise be 
contrary to the public interest or 
would prejudice the legitimate 
commercia l interests of any 
investor. 
(3) Each contracting party shall 
designate one or more enquiry 
points to which requests for 
information about the above the 
a b o v e m e n t i o n e d l a w s , 
regulations, judicial decisions and 
administrative rulings may be 
addressed and shall communicate 
promptly such designation to the 
Executive Secretariat of E C O W A S 
which shall make it available on 
request. 
49 
TAXATION 
(1) Except as otherwise provided in 
this Article, nothing in this protocol 
shall create rights or impose 
obligations on investors with 
respect to Taxation Measures of 
the contracting parities. In the 
event of any incons is tency 
between this Article and any other 
provision of this protocol, this 
Article shall prevail to the extent of 
the inconsistency. 
(2) Article 7(3) shall apply to Taxation 
Measures other than those on 
income or on capital, except that 
such provision shall not apply to: 
(a) An advantage accorded by a 
Contracting Party pursuant to the 
tax provision of any convention, 
a g r e e m e n t d e s c r i b e d in 
subparagraph (7)(a)(ii); 
or 
(b) Any taxation Measure aimed at 
ensuring the effective collection 
taxes, except where the measure 
of a Contracting Party arbitrarily 
discriminates against Energy 
Materials and Products originating 
in, or destined for the area of 
another Contracting Party or 
arbi t rar i ly restr ic ts benef i ts 
accorded under Article 7(3). 
(3) Article 10(2) and (6) shall apply to 
Taxa t i on M e a s u r e s of the 
Contracting Parties other than 
those on income or on capital, 
except that such provisions shall 
not apply to: 
(a) impose most favoured nation 
ob l iga t ions with respec t to 
advan tages a c c o r d e d by a 
Contracting Party pursuant to the 
tax provisions of any convention, 
a g r e e m e n t or a r rangemen t 
d e s c r i b e d in s u b p a r a g r a p h 
(7)(a)(i i) or resu l t ing f rom 
membership of any Regional 
E c o n o m i c I n t e g r a t i o n 
Organization; or 
ensuring errecuve c o n e u u u n u i 
taxes, except where the measure 
arbitrarily discriminates against 
and Investor or arbitrarily restricts 
benefits accorded under the 
Investment provisions of this 
Protocol. 
(4) Article 29(2) to (8) shall apply to 
taxation Measures other than 
those on income or on capital. 
(5) (a) Article 13 shall apply to taxes. 
(b) Whenever an issue arises 
under article 13, to the 
extent it pertains to whether 
a tax c o n s t i t u t e s an 
expropriation or whether a 
tax alleged to constitute an 
e x p r o p r i a t i o n i s 
discriminatory, the following 
provisions shall apply: 
(i) The Investor or the Contracting 
Party alleging expropriation shall 
refer the issue of whether the tax is 
an expropriation or whether the tax 
is discriminatory to the relevant 
Competent Tax Authority. Failing 
such referral by the Investor or the 
Contracting Party, bodies called 
upon to settle disputes pursuant to 
article 26(2)© or 27(2) shall make a 
referral to the relevant Competent 
Tax authorities. 
(ii) The Competent Tax Authorities 
shall, within a period of six months 
of such referral, strive to resolve 
the issues so referred. Where non-
d i s c r i m i n a t i o n i s s u e s a re 
concerned, the Competent Tax 
Authorities shall apply the non 
d iscr iminat ion prov is ions of 
relevant tax convention or, if there 
is no non-discrimination provision 
in the relevant tax convention 
applicable to the tax or no such tax 
convention is in force between the 
Contracting Parties concerned, 
they sha l l app ly the non ­
discrimination principles under the 
Model Tax Convention on Income 
and Capital of the Organization for 
50 
economic Co-operation and 
Development or any other model 
agreed upon by the Contracting 
Parties; 
(iii) Bodies called upon to settle 
disputes pursuant to article 26(2) 
(c) or 27(2) may take into account 
any conclusions arrived at by the 
Competent Tax authorities 
regarding whether the tax is an 
expropriation. Such bodies shall 
take into account any conclusions 
arrived at within the six-month 
period prescribed in subparagraph 
(b)(ii) by the Competent Tax 
Authorities regarding whether the 
tax is discriminatory. Such bodies 
may also take into account any 
conclusions arrived at by the 
Competent Tax Authorities after 
the expiry of the six-month period. 
(iv) Under no circumstances shall 
involvement of the Competent Tax 
Authorities, beyond the end of the 
six-month period referred to in 
subparagraph (b)(ii), lead to a 
delay of proceedings under 
Articles 26 and 27. 
(6) For the avoidance of doubt, Article 
14 shall not limit the right of a 
Contracting Party to impose or 
collect a tax by withholding or other 
means. 
(7) Forthe purposes of this Article: 
(a) The term "Taxation Measure" 
includes 
(i) Any provision relating to taxes of 
the domestic law of the 
Contracting Party or of a political 
subdivision thereof or a local 
authority therein; and 
(ii) Any provision relating to taxes 
of any convention for the 
avoidance of double taxation or of 
any other international agreement 
or arrangement by which the 
contracting Party is bound. 
(b) There shall be regarded as taxes 
on income or on capital all taxes 
imposed on total income, on total 
capital or on elements of income or 
of capital, including taxes on gains 
from the alienation of property, 
taxes on estates, inheritances and 
gifts, or substantially similar taxes 
on capital appreciation. 
(c) A "Competent Tax authority" 
means the competent authority 
pursuant to a double taxation 
agreement in force between the 
Contracting Parties or, when no 
such agreement is in force, the 
minister or ministry responsible for 
taxes or their authorized 
representatives. 
(d) For the avoidance of doubt, the 
terms "tax provisions" and taxes" 
do no include customs duties. 
ARTICLE 22 
S T A T E A N D P R I V I L E G E D 
ENTERPRISES 
(1) Each Contracting Party shall 
ensure that any state enterprise 
which it maintains or establishes 
shall conduct its activities in 
relation to the sale or provision of 
goods and services in its Area in a 
manner consistent with the 
Contracting Party's obligations 
under Chapter III of this Protocol. 
(2) No Contracting party shall 
encourage or require such a state 
enterprise to conduct its activities 
in its Area in a manner inconsistent 
with the Contracting Party's 
obligations under other provisions 
of this Protocol. 
(3) Each Contracting Party shall 
ensure that if it establishes or 
maintains an entity and entrusts 
the entity with regulatory, 
a d m i n i s t r a t i v e or o ther 
governmental authority, such 
entity shall exercise that authority 
in a manner consistent with the 
Contracting Party's obligations 
under this Protocol. 
51 
wntcn IT grams exclusive or special 
privileges to conduct its activities in 
its area in a manner inconsistent 
with the contracting Party's 
obligations under this Protocol. 
(5) For the purposes of this Article, 
"entity includes any enterprise, 
agency or other organization or 
natural person. 
ARTICLE 23 
OBSERVANCE BY SUB-NATIONAL 
AUTHORITIES 
(1) Each contracting party is fully 
responsible under this protocol for 
the observance of all provisions of 
the protocol, and shall take such 
reasonable measures as may be 
available to it to ensure such 
observance by regional and local 
government and authorities within 
its Area. 
(2) The dispute settlement provisions 
in chapter II, IV and V of this 
protocol by a invoked in respect of 
m e a s u r e s a f fec t ing the 
observance of the protocol of the 
protocol by a contracting party 
which have been taken by regional 
or local governments or authorities 
within the Area of the contracting 
party. 
ARTICLE 24 
EXCEPTIONS 
(1) This Article shall not apply to 
Articles 12,13 and 29 
(2) The provisions of this protocol 
other than 
(a) Those referred to in paragraph (1), 
and 
(b) With respect to subparagraph (1), 
chapter III of the protocol shall not 
preclude any contracting party 
from adopting or enforcing any 
measure. 
(ii) Essential to the acquisition or 
distribution of Energy Materials 
and Products in conditions of short 
supply arising from causes outside 
the control of that contracting party, 
provided that any such measure 
shall be consistent with the 
principles that 
(A) All other contracting parties are 
entitled to an equitable share of the 
international supply of such 
Energy Materials and products 
and 
(B) Any such measure that is 
inconsistent with this protocol shall 
be discontinued as soon as the 
conditions giving rise to it have 
ceased to exist or 
(iii) Designed to benefit investor who 
are aboriginal people or social or 
economically disadvantage 
individuals or groups or their 
investments and notified to the 
secretariat as such, provided that 
such measure. 
(A) Has no significant impact on that 
contracting party's economy and 
(B) Does not discriminate between 
investors not included among 
those for whom the measure is 
intended, 
Provided that no such measure 
shall constitute a disguised 
restriction on Economic Activity in 
the Energy Sector, or arbitrary or 
arbitrary or unjustif iable 
d i s c r i m i n a t i o n b e t w e e n 
contracting parties or between 
investors or other interested 
persons of contracting parties. 
Such measure shall be duly 
motivated and shall not nullify or 
impair any benefit one or more 
other contracting parties may 
reasonably expect under this 
protocol on an extent greater than 
is strictly necessary to the stated 
end. 
52 
(3) The provisions of this protocol 
other than those referred to in 
paragraph (1) Sha l l not be 
c o n s t r u e d t o p r e v e n t 
any contracting party from taking 
any measure which it considers 
necessary. 
(a) For the protection of its essential 
security interests including those 
(i) Relating to the supply of Energy 
Materials and products to a military 
establishment or 
(ii) Taken in time of war, armed conflict 
or other emergency in international 
relations 
(b) Relating to the implementation of 
national policies respecting the 
non-pro l i fe ra t ion of nuc lear 
w e a p o n s or o ther n u c l e a r 
explosive devices or needed to 
fulfil its obligations under this 
protocol or any other treaty on the 
non-pro l i ferat ion of Nuc lea r 
Weapons, the Nuclear Suppliers 
Guidelines, and other international 
n u c l e a r n o n - p r o l i f e r a t i o n 
obligations or understanding; or 
(c) For the maintenance of public 
order. 
Such measure shall not constitute 
restriction on Transit 
(4) The provisions of this protocol 
which accord most favoured nation 
treatment still not oblige any 
contracting party to extend to an 
investor any preferential treatment 
resulting from that contracting 
party's membership of a free-trade 
area or customs union. 
ARTICLE 25 
E C O N O M I C I N T E G R A T I O N 
AGREEMENTS 
(1) The provisions of this protocol 
shall not be so construed as to 
oblige a contracting party which is 
party to an Economic Integration 
Agreement (hereinafter referred to 
as "ElA") to extend, by means of 
most favoured nation treatment, to 
another contracting [arty to that 
EIA, any preferential treatment 
application between the parties to 
that ELA as a result of their being 
parties thereto. 
(2) For the purpose of paragraph (1), 
"EIA) means an agreement 
substantially l iberalizing, inter 
alias, trade and investment, by 
providing for the absence or 
elimination of substantially all 
discrimination between or among 
part ies thereto through the 
e l i m i n a t i o n o f e x i s t i n g 
discrimination measures and / or 
the prohibition of new or more 
discriminatory measures, either at 
the entry into force of that 
agreement or on the basis of a 
reasonable time frame. 
CHAPTERV 
DISPUTE SETTLEMENT 
ARTICLE 26 
S E T T L E M E N T O F D I S P U T E S 
BETWEEN AN INVESTOR AND A 
CONTRACTING PARTY 
(1) Disputes between a contracting 
party and an investor relating to an 
investment of the latter in the Area 
of the former, which concern an 
alleged breach of an obligation of 
the former under chapter III shall, if 
possible, be settled amicably. 
(2) If such disputers can not be settled 
according to the provisions of 
paragraph (1) within a period of 
three months from the date on 
which either party to the dispute 
requested amicable settlement, 
the investor party to the dispute 
may c h o o s e to submi t for 
resolution. 
(a) To the courts or administration 
tribunals of the contracting party to 
the dispute. 
53 
o c i u c i i i d ii yji u o c u u i c , ui 
(c) In accordance with the following 
paragraph of this Article. 
(3) Each Contracting Party hereby 
gives its unconditional consent to 
the submission of a dispute to 
international arbitration in 
accordance with the provisions of 
this Article. 
(4) In the event that an Investor 
chooses to submit the dispute for 
resolution under subparagraph (2) 
(c), the Investor shall further 
provide its consent in writing for the 
dispute to be submitted to: 
(a) (i) The International Centre for 
Settlement of Investment 
Disputes, established pursuant to 
the Convention on the settlement 
of Investment Disputes between 
States and Nationals of other 
States opened for signature at 
Washington, 18 March 1965 
(hereinafter referred to as the 
"ICSID Convention"), if the country 
of origin of the Investor and the 
Contracting Party to the dispute 
are both parties to the ICSID 
Convention; or 
(Ii) The International Centre for 
Settlement of Investment 
Disputes, established pursuant to 
the convention referred to in 
subparagraph (a) (i), under the 
rules governing the Addition 
Facility for the Administration of 
Proceedings by the Secretariat of 
the Centre (hereinafter referred to 
as the "Additional Facility Rules"), 
if the country of origin of the 
Investor or the Contracting Party to 
the dispute, but not both, is a party 
to the ICSID Convention; or 
(b) a sole arbitrator or ad hoc 
arbitration tribunal established 
under the Arbitration Rules of the 
United Nations Commission on 
(c) An arbitral proceeding under the 
Arbitration Institute of the 
S t o c k h o l m C h a m b e r of 
Commerce; or 
(d) An arbitral proceeding under the 
organization for the Harmonization 
of Trade Laws in Africa (OHADA). 
(5) (a) The consent given in 
paragraph (3) together with the 
written consent of the Investor 
given pursuant to paragraph (4) 
shall be considered to satisfy the 
requirement for: 
(i) Written consent of the parties to a 
dispute for purposes of Chapter II 
of the ICSID Convention and for 
purposes of the Additional Facility 
Rules. 
(ii) an "agreement in writing" for 
purposes of article II of the United 
Nations Convention on the 
Recognition and Enforcement of 
Foreign Arbitral Awards, done at 
New York, 10 June 1958 
(hereinafter referred to as the 
"New York Convention"); and 
(iii) "The parties to a contract [to] have 
agreed in writing" for the purpose 
of article 1 of the UNCITRAL 
Arbitration Rules. 
(b) Any arbitration under this Article 
shall at the request of any part to 
the dispute be held in a state that is 
a party to the New York 
Convention. Claims submitted to 
arbitration hereunder shall be 
considered to arise out of a 
commercial relationship or 
transaction for the purpose of 
article 1 of that Convention. 
(6) A tribunal established under 
paragraph (4) shall decide the 
issues in dispute in accordance 
with this Protocol and applicable 
rules and principles of international 
law. 
54 
(7) An Investor other than an natural 
person which has the nationality of 
a Contracting Party to the dispute 
on the date of the consent in writing 
referred to in paragraph (4) and 
which, before a dispute between it 
and that Contracting Party arises, 
is controlled by Investors of 
another Contracting Party, shall for 
the purpose of article 25(2)(b) of 
the ICSID Convention be treated 
as a "na t iona l of ano the r 
Contracting Party" and shall for the 
purpose of article 1(6) of the 
Additional Facility Rules be treated 
as a "national of another State". 
(8) The awards of arbitration, which 
may include an award of interest, 
shall be final and binding upon the 
parties to the dispute. An award of 
arbitration concerning a measure 
of a sub-national government or 
au thor i t y of the d i s p u t i n g 
Contracting Party shall provide 
that the contracting Party may pay 
monetary damages in lieu of any 
other remedy granted. Each 
Contracting Party shall carry out 
without delay any such award and 
shall make provision for the prompt 
and effective enforcement in its 
Area of such awards. 
ARTICLE 27 
S E T T L E M E N T OF D I S P U T E S 
BETWEEN CONTRACTING PARTIES. 
(1) C o n t r a c t i n g P a r t i e s s h a l l 
endeavour to settle disputes 
concerning the application or 
interpretation of this Protocol 
through diplomatic channels. 
(2) If a dispute has not been settled in 
accordance with paragraph (1) 
within a reasonable period of time, 
either party thereto may, except as 
otherwise provided in this Protocol 
or agreed in writing by the 
Contracting Parties, and except as 
concerns the appl icat ion or 
interpretation of Article 6 or Article 
19 upon written notice to the other 
party to the dispute submit the 
matter to an ad hoc tribunal under 
this Article. 
(3) Such an ad hoc arbitral tribunal 
shall be constituted as follows: 
(a) The Contracting Party instituting 
the proceedings shall appoint one 
member of the tribunal and inform 
the other Contracting Party to the 
dispute of its appointment within 
30 days of receipt of the notice 
referred to in paragraph (2) by the 
other Contracting Party; 
(b) Within 60 days of the receipt of the 
written notice referred to in 
p a r a g r a p h (2) , the o t h e r 
Contracting Party which is a party 
to the dispute shall appoint one 
member. If the appointment is not 
made within the t ime limit 
prescribed, the Contracting Party 
having instituted the proceedings 
may, within 90 days of the receipt 
of the written notice referred to in 
paragraph (2), request that the 
a p p o i n t m e n t be m a d e in 
accordance with subparagraph 
(d). 
(c) A third member, who may not be a 
national or citizen of a Contracting 
Party to the dispute, shall be 
appointed by the Contracting 
Parties to the dispute. That 
member shall be the President of 
the Tribunal. If, within 150 days of 
the receipt of the notice referred to 
in paragraph (2), the Contracting 
Parties are unable to agree on the 
appointment of a third member, 
that appointment shall be made, in 
accordance with subparagraph 
(d), at the request of either 
Contracting Party submitted within 
180 days of the receipt of that 
notice; 
(d) Appointments requested to be 
made in accordance with this 
paragraph shall be made by the 
Execu t i ve Sec re ta ry of the 
Executive Secretariat of E C O W A S 
within 30 days of the receipt of a 
requesttodoso; 
EC 
a c c o r d a n c e wun suDparagrapns 
(a) to (d) shall be made with regard 
to the qua l i f i ca t ions a n d 
experience, particularly in matters 
covered by this protocol, of the 
members to be appointed. 
(f) In the absence of an agreement to 
the con t ra r y b e t w e e n the 
Contracting Parties, the Arbitration 
Rules of UNCITRAL shall govern, 
except to the extent modified by 
the Contracting Parties to the 
dispute or by the arbitrators. The 
tribunal shall take its decisions by a 
majority vote of its members; 
(g) The tribunal shall decide the 
dispute in accordance with this 
Protocol and applicable rules and 
principles of international law; 
(h) The arbitral award shall be final 
and binding upon the Contracting 
Parties to the dispute; 
(i) The expenses of the tribunal, 
including the remuneration of its 
members, shall be borne in equal 
shares by the Contracting Parties 
to the dispute. The tribunal may, 
however, at its discretion direct 
that a higher proportion of the 
costs be paid by one of the 
Contracting Parties to the dispute; 
(j) Unless the Contracting Parties to 
the dispute agree otherwise, the 
tribunal shall sit in Abuja, Nigeria, 
and use the facilities of the 
E C O W A S Court of Justice. 
(k) A copy of the award shall be 
deposited with the Executive 
Secretariat of E C O W A S which 
shall make it generally available. 
ARTICLE 28 
NON-APPLICATION OF ARTICLE 27 
TO CERTAIN DISPUTES 
A dispute between Contracting Parties 
with respect to the application or 
settled under Article 27 unless the 
Contracting Parties to the dispute so 
agree. 
CHAPTER VI 
TRANSITIONAL PROVISIONS 
ARTICLE 29 
INTERIM PROVISIONS ON TRADE-
RELATED MATTERS 
(1) The provisions of this Article shall 
apply to trade in Energy Materials 
and Products and Energy-related 
Equipment while any Contracting 
Party is not a member of the WTO. 
(2) Trade in Energy Materials and 
Products and Energy-Related 
Equipment between Contracting 
Parties at least one of which is not 
a member of the WTO shall be 
g o v e r n e d , s u b j e c t t o 
subparagraphs (b) and to the 
exceptions and rules provided for 
in Annex D, by the provisions of the 
WTO Agreement, as applied and 
practiced with regard to Energy 
Mater ia ls and Products and 
Energy Related Equipment by 
members of the WTO among 
themselves, as if all Contracting 
Parties were members of the 
WTO. 
(3) Each signatory to this Protocol, 
and each state or Regional 
E c o n o m i c I n t e g r a t i o n 
Organization acceding to this 
Protocol, shall on the date of its 
signature or of its deposit of its 
instrument of accession provide to 
the Execut ive Secretariat of 
E C O W A S a list of all customs 
duties and other charges levied on 
Energy Materials and Products at 
the t ime of importat ion or 
exportation, notifying the level of 
such duties and charges applied 
on such date of signature or 
deposit. Any changes to such 
duties or other charges shall be 
56 
n o t i f i e d to the E x e c u t i v e 
Secretariat of E C O W A S , which 
shal l inform the Contract ing 
Parties of such changes. 
(4) Each contracting Party shall 
endeaour not to increase any 
customs duty or tariff rate or other 
charge levied at the time of 
importation or exportation: 
(a) in the case of the importation of 
Energy Materials and Products 
listed in Annex A or Energy-
Related Equipment listed in the 
document to be adopted by the 
Meeting of Energy Ministers under 
the terms of Article 30 of this 
Protocol and described in Part I of 
the Schedule relating to the 
Contracting Party referred to in 
article II of the GATT 1994, above 
the level set forth in that Schedule, 
if the Contracting Party is a 
member of the WTO; 
(B) In the case of the exportation of 
Energy Materials and Products 
listed in Annex A or Energy-related 
Equipment listed in the document 
to be adopted by the Meeting of 
Energy Ministers under the terms 
of Article 30 of this Protocol, and 
that of their importation if the 
Contracting Party is not a member 
of the WTO, above the level most 
recently notified to the Executive 
Secretariat of E C O W A S , except as 
permitted by the provisions made 
applicable by subparagraph (2) 
(a). 
(5) A Contracting Party may increase 
such customs duty or other charge 
above the level referred to in 
paragraph (4) only if. 
(a) in the case of a customs duty or 
other charge levied at the time of 
importation, such action is not 
inconsistent with the applicable 
provisions of the WTO Agreement, 
other than those provisions of the 
WTO Agreement listed in Annex D; 
or. 
(b) It has, to the fullest extent 
practicable under its legislative 
procedures, notified the Executive 
Secretariat of E C O W A S of its 
proposal for such an increase, 
given other interested Contracting 
Parties reasonable opportunity for 
consultation with respect to its 
p r o p o s a l , a n d a c c o r d e d 
c o n s i d e r a t i o n t o a n y 
r e p r e s e n t a t i o n f r om s u c h 
Contracting Parties. 
(6) In respect of trade between 
Contracting Parties at least one of 
which is not a member of the WTO, 
no such Contracting Party shall 
increase any customs duty or 
charge of any kind imposed on or 
in connection with importation or 
exportation of Energy Materials 
and Products listed in Annex A or 
Energy-related Equipment listed in 
the document to be adopted by the 
Meeting of Energy Ministers under 
the terms of Article 30 of this 
Protocol above the lowest of the 
levels applied on the date of the 
decision by the Meeting of Energy 
Ministers to list the particular item 
in the relevant Annex or document. 
A Contracting Party may increase 
such customs duty or other charge 
above that level only if: 
(a) In case of a customs duty or other 
c h a r g e i m p o s e d on or in 
connection with importation, such 
action is not inconsistent with the 
applicable provisions of the WTO 
Agreement, other than those 
provisions of the WTO Agreement 
listed in Annex D; or 
(b) In exceptional circumstances not 
elsewhere provided for in this 
Protocol, the Meeting of Energy 
Ministers decides to waive the 
obligation otherwise imposed on a 
C o n t r a c t i n g P a r t y by th is 
paragraph, consenting to an 
increase in a customs duty, subject 
to any conditions the Meeting of 
Energy Ministers may impose. 
57 
importation or exportation of 
Energy Materials and Products or 
Energy-Related Equipment shall 
be subject to the provisions of the 
U n d e r s t a n d i n g o n t h e 
Interpretation of Article II: 1(b) of 
the GATT 19994 as modified 
according to Annex D. 
(8) Annex E shall apply: 
(a) Do disputes regarding compliance 
with provisions applicable to trade 
under this Article; 
(b) To d i s p u t e s r ega rd i ng the 
application by a Contracting Party 
of any measure, whether or not it 
conflicts with the provisions of this 
Article, which is considered by 
another Contracting Party to nullify 
or impair any benefit accruing to it 
directly or indirectly under this 
Article; and 
(c) Unless the Contracting Parties to 
the dispute agree otherwise, to 
disputes regarding compliance 
with Article 5 between Contracting 
Parties at least one of which is not 
a member of the WTO, except that 
Annex E shall not apply to any 
dispute between contract ing 
Parties, the substance of which 
arises under an agreement that: 
(i) Has been notified in accordance 
with and mee ts the other 
requirements of subparagraph (2) 
(b);or 
(ii) Establishes a free-trade area or a 
customs union as described in 
article XXIV of the GATT 1994. 
ARTICLE 30 
ENERGY-RELATED EQUIPMENT 
The Meeting of Energy Ministers shall 
approve a list of Energy- re la ted 
Equipment to be included in the trade 
provisions of this Protocol. The list of 
equipment not included in the list, it must 
submit to the Contracting Party of the area 
in which it is acting an additional list for 
approval. 
CHAPTER VII 
STRUCTURE AND INSTITUTIONS 
ARTICLE 31 
IMPLEMENTATION 
(1) The Meeting of the Energy 
Ministers of the E C O W A S Member 
S ta tes sha l l be the o rgan 
responsible for implementation of 
the West African Energy Protocol. 
(2) The functions of the Meeting of 
Energy Ministers shall be to: 
(a) Carry out the duties assigned to it 
by this Protocol and any other 
Agreements under Article 37 of this 
Protocol; 
(b) Keep under review and facilitate 
the imp lemen ta t i on of the 
principles and provisions of this 
Protocol and other Agreements 
under Article 37 of this Protocol; 
(c) Facilitate in accordance with this 
Protocol and other Agreement 
under Article 37 of this Protocol the 
co-ord inat ion of appropr iate 
measu res to carry out the 
principles of this Protocol; 
(d) Consider and adopt programmes 
of work to be carried out by the 
E C O W A S Executive Secretariat; 
(e) Consider and approve or adopt the 
terms of any headquarters or other 
agreement, including privileges 
and immuni t ies c o n s i d e r e d 
necessary for the Execut ive 
Secretariat of E C O W A S . 
(f) Encourage co-operative efforts 
58 
aimed at facilitating and promoting 
market-oriented reforms and 
modernization of energy sectors in 
the countries of WestAfrica. 
(g) Authorize and approve the terms 
of reference for the negotiation of 
protocols, and consider and adopt 
the t ex t s t h e r e o f a n d of 
amendments thereto; 
(h) Author ize the negotiation of 
declarations, and approve their 
issuance; 
(i) Decide on accessions to this 
Protocol; 
(j) Authorize the negotiation of and 
consider and approve or adopt 
association agreements; 
(k) Consider and adopt texts of 
amendments to this Protocol; 
(I) C o n s i d e r a n d a p p r o v e 
modifications of and technical 
changes to the Annexes to this 
Protocol; 
(m) Commit and bind Contracting 
Parties with respect to obligations 
for facilitating the creation and 
execution of energy systems, 
programmes and projects within 
the framework of implementation 
of this Protocol. 
(n) Establish regulatory bodies for 
energy systems, programmes and 
projects within the framework of 
implementation of this Protocol. 
(3) In the performance of its duties, the 
Meeting of Energy Ministers, 
through the Secretariat, shall co­
operate with and make as full a use 
as possib le, consistent with 
economy and efficiency, of the 
services and programmes of other 
institutions and organizations with 
e s t a b l i s h e d c o m p e t e n c e in 
matters related to the objectives of 
this Protocol. 
(4) The Meeting of Energy Ministers 
may establish such subsidiary 
bodies as it considers appropriate 
forthe performance of its duties. 
(5) The Meeting of Energy Ministers 
shall consider and adopt rules of 
procedure and financial rules. 
ARTICLE 32 
SECRETARIAT 
(1) In accomplishing its mission, the 
Meeting of Energy Ministers shall 
rece ive the support of the 
Executive Secretariat of E C O W A S 
which is responsible for implement 
t ing the d e c i s i o n s of the 
Community. 
(2) The Executive Secretariat of 
E C O W A S shall provide to the 
Meeting of Energy Ministers all 
a s s i s t a n c e n e c e s s a r y for 
accomplishment of its mission and 
sha l l exe rc i se the funct ion 
assigned to it underthis Protocol or 
any other Agreement under Article 
37 of this Protocol and any other 
functions that may be assigned to it 
by the Meet ing of Ene rgy 
Ministers. 
ARTICLE 33 
VOTING 
(1) Decisions of the Meeting of energy 
Ministers shall be by consensus, or 
a simple majority, of members 
present at the meeting. 
(2) Decisions may not be taken unless 
a minimum of two thirds of the 
Member States are represented at 
the meeting. 
CHAPTER VIII 
FINAL PROVISIONS 
ARTICLE 34 
RATIFICATION 
This Protocol shall be subject to 
ratification by signatories. Instruments of 
59 
oe aeposnea witn xne t x e c u u v e 
Secretariat of ECOWAS inAbuja, Nigeria. 
ARTICLE 35 
ACCESSION 
This Protocol shall be open for accession, 
from the date on which the Protocol is 
closed for signature, by states and 
r e g i o n a l E c o n o m i c I n t e g r a t i o n 
Organizations which are Member States 
of E C O W A S on terms to be approved by 
the Meeting of Energy Ministers. The 
instruments of accession shall be 
deposited with the Executive Secretariat 
of ECOWAS. 
ARTICLE 36 
AMENDMENTS AND REVISIONS 
(1) Any Contracting Party may submit 
proposals for amending or revising 
this Protocol. 
(2) All such proposals should be 
submit ted to the Execu t i ve 
Secretariat of the E C O W A S which 
shal l distribute them to the 
Member State within thirty (3) days 
after their receipt. The Meeting of 
the Energy Ministers of E C O W A S 
will examine the amendments or 
revisions proposals within three (3) 
m o n t h s a c c o r d e d to t h e 
Contracting Parties. 
(3) The amendments and revisions 
shall be adopted by the Meeting of 
the Energy Ministers of E C O W A S 
in accordance with the provisions 
of article 33 of this Protocol and 
submitted to all the Contracting 
Parties for ratification according to 
their respective constitutional 
procedures. They will enter into 
force and effect in accordance with 
the provisions of Article 39 of this 
Protocol. 
ARTICLE 37 
E N E R G Y P R O T O C O L S , 
AGREEMENTS AND DECLARATIONS 
(1) The Meeting of Energy Ministers 
n u m b e r of A g r e e m e n t s or 
declarations in order to pursue the 
objectives and principles of this 
Protocol. 
(2) Any signatory to this Protocol may 
participate in such negotiation. 
(3) A state or Regional Economic 
Integration Organization shall not 
become a party to any agreement 
referred to in paragraph (1), above, 
or declaration unless it is, or 
becomes at the same time, a 
signatory and a Contracting Party 
to this Protocol. 
(4) Subject to paragraph (3) and 
subpa rag raph (6) (a), f inal 
provisions applying to a protocol 
shall be defined in that protocol. 
(5) An Agreement shall apply only to 
the Contracting Parties which 
consentto be bound by it, and shall 
not derogate from the rights and 
obligations of those Contracting 
Parties not party to the Agreement. 
(6) (a) An Agreement may assign 
duties to the Meeting of Energy 
Ministers and functions to the 
E x e c u t i v e S e c r e t a r i a t of 
E C O W A S , provided that no such 
assignment is approved by the 
Meeting of Energy Ministers, 
whose approval shall not be 
subject to any provisions of the 
Agreement which are authorized 
by subparagraph (b). 
(b) A n A g r e e m e n t w h i c h 
provides for decisions thereunder 
to be taken by the Meeting of 
Energy Ministers may, subject to 
subparagraph (a), provide with 
respect to such decisions; 
(i) For voting rules other than those 
contained in Article 33; 
(ii) That only parties to the Agreement 
sha l l be c o n s i d e r e d to be 
Cont rac t ing Par t ies for the 
purposes of Article 33 or eligible to 
60 
vote under the rules provided for in 
the Agreement. 
ARTICLE 38 
ASSOCIATION AGREEMENTS 
(1) The Meeting of Energy Ministers 
may authorize the negotiation of 
associat ion agreements with 
states or Regional Economic 
Integration Organizations, or with 
international organizations, in 
order to pursue the objectives and 
principles of this Protocol and the 
provisions of this Protocol or any 
other Agreements such as those 
referred to in Article 37. 
(2) The relationship established with 
and the rights enjoyed and 
ob l iga t ions incur red by an 
assoc ia t i ng s tate, Reg iona l 
E c o n o m i c I n t e g r a t i o n 
Organization, or international 
organization shall be appropriate 
to the particular circumstances of 
the association, and in each case 
shall be set out in the association 
agreement. 
ARTICLE 39 
ENTRY INTO FORCE 
(1) This Protocol and the attache 
annexes which form an integral 
part thereof shall enter into force 
on the ninetieth day after the date 
of deposit of the ninth instrument of 
ratification thereof, or of accession 
thereto, by an E C O W A S Member 
State. 
(2) For each state or Regional 
E c o n o m i c I n t e g r a t i o n 
Organization which ratifies this 
Protocol or accedes thereto after 
the deposit of the ninth instrument 
of ratification it shall enter into 
force on the ninetieth day after the 
date of deposit by such state or 
Regional Economic Integration 
Organization of its instrument of 
ratification, or accession. 
(3) For the purposes of paragraph (1), 
any ins t rument d e p o s i t e d by a 
R e g i o n a l E c o n o m i c I n teg ra t i on 
Organization shall not be counted 
as additional to those deposited by 
Member States of E C O W A S . 
ARTICLE 40 
PROVISIONALAPPLICATION 
(1) Each signatory agrees to apply this 
Protocol provisionally pending its 
entry into force for such signatory 
in accordance with Article 39, to 
the extent that such provisional 
application is not inconsistent with 
i ts c o n s t i t u t i o n , l a w s or 
regulations. 
(2) (a) Notwithstanding paragraph 
(1) any signatory may, when 
signing, deliver to the Depository a 
declaration that it is not able to 
accept provisional application. 
The obl igat ion contained in 
paragraph (1) shall not apply to a 
s i g n a t o r y m a k i n g s u c h a 
declaration. Any such signatory 
may at any time withdraw that 
declaration by written notification 
to the Depository. 
(b) Neither a signatory which makes a 
declaration is accordance with 
s u b p a r a g r a p h (a) nor may 
Investors of that signatory claim 
the benef i ts of p rov i s iona l 
application under paragraph (1). 
(c) Notwithstanding subparagraph 
(a), any signatory making a 
d e c l a r a t i o n re fe r red to in 
subparagraph (a) shall apply 
Chapter VII provisional pending 
the entry into force of the Protocol 
for such signatory in accordance 
with Article 39, to the extent that 
such provisional application is not 
inconsistent with its constitution, 
laws or regulations. 
(3) (a) A n y s i g n a t o r y m a y 
t e r m i n a t e i ts p r o v i s i o n a l 
application of this Protocol by 
notification to the Depository of its 
61 
v _ / U i I Li a ^ L i I l y r a l l y L U U I ^ I I U I U ^ U I . 
T e r m i n a t i o n of p r o v i s i o n a l 
application for any signatory shall 
take effect upon the expiration of 
60 days from the date on which 
s u c h s i g n a t o r y ' s w r i t t e n 
notification is received by the 
Depository. 
(b) In the event that a signatory 
terminates provisional application 
under subparagraph (a), the 
obligation of the signatory under 
paragraph (1) to apply Chapters III 
and V with respect to any 
Investments made in its Area 
during such provisional application 
by Investors of other signatories 
shall nevertheless remain in effect 
with respect to those Investments 
for twenty years following the 
effective date of termination. 
(4) Pending the entry into force of this 
Protocol the signatories shall meet 
periodically in the provisional 
Meeting of Energy Ministers, the 
first meeting of which shall be 
convened by the E C O W A S 
Executive Secretariat. 
(5) A State or Regional Economic 
Integration Organization which 
prior to this Protocol's entry into 
force, accedes to the Protocol in 
accordance with Article 35 shall, 
pending the Protocol's entry into 
force, have the rights and assume 
the obligations of a signatory under 
this Article. 
ARTICLE 41 
RESERVATIONS 
No reservations shall be made to this 
Protocol 
ARTICLE 42 
WITHDRWAL 
(1) At any time after five years from the 
date on which this Protocol has 
entered into force for a Contracting 
y i W U V V I l l l t H I I I U L I I I V / U L I U I I L W LI IV-* 
Depository of its withdrawal from 
the Protocol. 
(2) Any such withdrawal shall take 
effect upon the expiry of one year 
after the date of the receipt of the 
notification by the Depository, or 
on such later date as may be 
specified in the notification of 
withdrawal. 
(3) The provisions of this Protocol 
sha l l con t inue to apply to 
Investments made by Investors in 
the A r e a of a wi thdrawing 
Contracting Party for a period of 20 
y e a r s f rom s u c h da te of 
withdrawal. 
(4) All Agreements referred to in 
Article 37(1) to which a Contracting 
Party is party shall cease to be in 
force for that Contracting Party on 
the effective date of its withdrawal 
from this Protocol. 
ARTICLE 43 
ENERGY EFFICIENCY 
(1) Basic Provisions 
(a) Contracting Parties shall co­
operate and, as appropriate, assist 
each other in developing and 
implementing energy efficiency 
policies, laws and regulations. 
(b) Contracting Parties shall establish 
energy efficiency policies and 
appropriate legal and regulatory 
frameworks which promote, inter 
alia: 
(i) Efficient functioning of market 
mechanisms including market 
oriented price formation and a 
fuller reflection of environmental 
costs and benefits; 
(ii) Reduction of barriers to energy 
e f f i c iency , thus s t imu la t ing 
investments. 
(iii) Mechanisms for financing energy 
efficiency initiatives. 
62 
(iv) Education and awareness 
(v) Dissemination and transfer of 
technologies. 
(vi) T r a n s p a r e n c y of lega l and 
reg u I ato ry f ra m ewo rks. 
(c) Contracting Parties shall strive to 
achieve the full benefit of energy 
efficiency throughout the Energy 
Cycle. To this end the shall, to the 
best of the i r c o m p e t e n c e , 
formulate and implement energy 
e f f i c iency po l i c ies and co ­
operative or coordinated actions 
based on Cost-Effectiveness and 
economic efficiency, taking due 
account of environmental aspects. 
(d) Energy efficiency policies shall 
include both short-term measures 
for the adjustment of previous 
practices and long-term measures 
to improve energy efficiency 
throughout the Energy Cycle 
(e) When Co-operating to achieve the 
object ives of this Pro toco l , 
Contracting Parties shall take into 
account the differences in adverse 
effects and abatement costs 
between Contracting Parties. 
(f) Contracting Parties recognize the 
vital role of the private sector. 
They shall encourage by energy 
utilities, responsible authorities 
and specialized agencies, and 
c lose co-opera t ion between 
industry and administrations. 
(g) Co-operative or coordinated action 
shall take into account relevant 
principles adopted in international 
agreements, aimed at protection 
a n d i m p r o v e m e n t of t he 
environment, to which Contracting 
Parties are parties. 
(h) Contracting Parties shall take full 
advantage of the work and 
e x p e r t i s e o f c o m p e t e n t 
international or other bodies and 
shall take care to avoid duplication. 
(2) Division of Responsibility and 
Coordination: Each Contracting 
Party shall strive to ensure that 
energy efficiency policies are 
coordinated among all of its 
responsible authorities. 
(3) Domestic Programmes. 
(a) In order to achieve the policy aims 
formulated according to Article 5, 
each Contracting Party shall 
develop, implement and regularly 
u p d a t e e n e r g y e f f i c i e n c y 
programmes best suited to its 
circumstances. 
(b) These programmes may include 
activities such as the: 
(i) Development of long-term energy 
demand and supply scenarios to 
guide decision-making. 
(ii) A s s e s s m e n t of the energy, 
environmental and economic 
impact of actions taken; 
(iii) Definition of standards designed to 
improve the efficiency of energy 
using equipment, and efforts to 
harmonize these internationally to 
avoid trade distortions. 
(iv) Development and encouragement 
of private initiative and industrial 
co-operat ion, including joint 
ventures. 
(v) Promotion of the use of the most 
energy efficient technologies that 
are economical ly viable and 
environmentally sound. 
(vi) Encouragement of innovative 
approaches for investments in 
energy efficiency improvements, 
such as Third Financing and Co-
financing. 
(vii) Deve lopment of appropr iate 
energy balances and data bases, 
for example with date on energy 
demand at a sufficiently detailed 
level and on technologies for 
Improving Energy Efficiency. 
advisory and consultancy services which 
may be operated by public or private 
industry or utilities and which provide 
information about energy efficiency 
programmes and technologies, and 
assist consumers and enterprises. 
(ix) Suppo r t and p romot ion of 
confederation and of measures to 
increase the efficiency of district 
heat production and distribution 
systems to buildings and industry; 
(x) Establ ishment of spec ia l ized 
energy ef f ic iency bodies at 
appropr ia te leve ls that are 
sufficiently funded and staffed to 
develop and implement policies. 
(c) In implementing their energy 
e f f i c i e n c y p r o g r a m m e s , 
Contracting Parties shall ensure 
that adequate institutional and 
legal infrastructures exist. 
(4) Role of the E C O W A S Executive 
Secretar iat : The E C O W A S 
Execu t i ve Sec re ta r i a t sha l l 
endeavour to adopt, within 180 
days after the entry into force of 
this Protocol, procedures for 
keep ing under rev iew and 
facilitating the implementation of 
its provisions, including reporting 
requirements. 
ARTICLE 44 
DEPOSITORY 
The E C O W A S Executive Secretariat shall 
be the Depository of this Protocol. 
E C O W A S Executive will provide certified 
copies of the present Protocol to all 
E C O W A S Member States, notifying them 
of the dates for filing of the ratification 
instruments and membership instruments 
and shall have the present Protocol filed 
with the African Union, The United 
Nations, and with any other organizations 
which Meeting of Energy Ministers may 
determine. 
TESTIMONIUM/AUTHENTIC TEXTS 
In witness whereof the undersigned, 
being duly authorized to that effect, have 
signed this Protocol in English, French, 
and Portuguese of which each text is 
equally authentic, in one original, which 
will be deposited with the E C O W A S 
Executive Secretariat. 
DONE AT DAKAR ON THE 31ST OF 
JANUARY IN THE YEAR OF TWO 
THOUSAND AND THREE. 
64 
ANNEXES TO THE WEST AFRICA 
ENERGYPROTOCOL 
ANNEXA 
ENERGY MATERIAL AND PRODUCTS 
(In Accordance with Article 1(5)) 
Nuclear Energy 26.12 Uranium or thorium ores and concentrates 
27.07 Oils and other products of the distillation of high 
temperature coal tar; similar products in which the weight 
of the aromatic constituents exceeds that of the non-
aromatic constituents (e.g. benzole, tolule, xylol*, 
naphtalene, other aromatic hydrocarbon mixtures, phenols, 
creosote oils and others). 
ANNEX B 
NON APPLICABLE ENERGY MATERIALS 
AND PRODUCTS FOR DEFINITIONS OF 
"ECONOMIC ACTIVITY IN THE ENERGY 
SECTOR" 
(In accordance with Article 1(4) 
27.07 Oils and othw products of the distillation o( high 
tempeiature coal tar; similar products in which the wwijlil 
of the aromatic constituents exceeds that of the non-
aromatic constituents (e.g. benzole, Mule, xytole, 
naphtalene. other aromatic hydrocarbon mixtures, phenols, 
creosote oils and others). 
ANNEXC 
NOTIFICATION AND PHASE-OUT 
(TRIMs) 
(In accordance with Article 5(4) 
(1) Each Contracting Party shall notify 
to the Executive Secretariat of 
E C O W A S a l l t r a d e - r e l a t e d 
investment measures which it 
applies that are not in conformity 
with the provisions of Article 5, 
within: 
(a) 90 days after the entry into force of 
this Protocol if the Contracting 
Party is a member of the WTO; or 
(b) 12 months after the entry into force 
of this Protocol if the Contracting 
Party is not a party to the WTO. 
Such trade-related investment 
measures of general or specific 
application shall be notified along 
with their principal features. 
2). In the case of trade-related 
investment measures applied 
under discretionary authority, each 
speci f ic appl icat ion shal l be 
notified. Information that would 
p r e j u d i c e t h e l e g i t i m a t e 
commercial interests of particular 
enterprises need not be disclosed. 
(3) Each Contracting Party shall 
e l i m i n a t e a l l t r a d e - r e l a t e d 
investment measures which are 
notified under paragraph (1) 
within: 
(a) Two years from the date of entry 
into force of this Protocol if the 
Contracting Party is a party to the 
WTO; or 
(b) Three years from the date of entry 
into force of this Protocol if the 
Contracting Party is not a party to 
the WTO. 
(4) During the appl icable period 
referred to in paragraph (3) a 
Contracting Party shall not modify 
the terms of any trade-related 
65 
iiuuiieij U I I U C I pctictyicipii \ \ ) I I U I M 
those prevailing at the date of entry 
into force of this Protocol so as to 
i n c r e a s e t h e d e g r e e o f 
inconsistency with the provisions 
of Article 5 of this Protocol. 
(5) Notwithstanding the provisions of 
paragraph (4), a Contracting Party, 
in order not to disadvantage 
established enterprises which are 
sub jec t to a t r a d e - r e l a t e d 
investment measure notified under 
paragraph (1), may apply during 
the phase-out period the same 
trade-related investment to a new 
Investment where: 
(a) The products of such Investment 
are like products to those of the 
established enterprises; and 
(b) Such application - is necessary to 
avoid distorting the conditions of 
competition between the new 
Investment and the established 
enterprises. 
Any trade-related investment 
measure so applied to a new 
Investment shall be notified to the 
E x e c u t i v e S e c r e t a r i a t of 
E C O W A S . The terms of such a 
trade-related investment measure 
shal l be equivalent in their 
compet i t ive effect to those 
applicable to the established 
enterpr ises, and it shal l be 
terminated at the same time. 
(6) Where a state or Reg iona l 
E c o n o m i c I n t e g r a t i o n 
Organization accedes to this 
Protocol after the Protocol has 
entered into force. 
(a) The notification referred to in 
paragraphs (1) and (2) shall be 
made by the later of the applicable 
date in paragraph (1) or the date of 
deposit of the instrument of 
accession; and 
(b) The end of the phase-out period 
shall be the later of the applicable 
W H I C H me r iuiucui eruers into 
force for that state or Regional 
E c o n o m i c I n t e g r a t i o n 
Organization. 
A N N E X D 
E X C E P T I O N S A N D R U L E S 
GOVERNING THE APPLICATION OF 
T H E P R O V I S I O N S OF T H E W T O 
A G R E E M E N T 
(In accordance with Article 29(2) (a)) 
(A) Exceptions to the Application of the 
Provisions of the WTO Agreement. 
(i) The following provisions of the 
WTO Agreement shall not be 
applicable under Article 29(2) (a). 
(a) Agreement Establishing the World 
Trade Organisation All except 
article IX, paragraphs 3 and 4 and 
XVI, paragraph s 1,3, and 4. 
(i) General Agreement on Tariffs and 
Trade 1994. 
II S c h e d u l e s of C o n c e s s i o n s , 
paragraphs (1)(a), (1)(b, 1st 
sentence), (I) (c) and (7). 
IV Special Provisions relating to 
Cinematographic Films 
X V ExchangeArrangements 
XVIII G o v e r n m e n t A s s i s t a n c e to 
Economic Development 
XXIV Consultation 
X X V Joint Action by the Contracting 
Parties 
XXVI Acceptance. Entry into Force and 
Registration 
XXVII Withholding or Withdrawal of 
Concessions 
XXVIII Modification of Schedules 
XXVIII bis Tariff Negotiations 
XXIX The relation of this Agreement to 
the Havana Charter 
X X X Amendments 
XXXI Withdrawal 
XXXII Contracting Parties 
XXXIII Accession 
X X X V Non-application of the Agreement 
between particular Contracting 
Parties. 
66 
XXXVI Principles and Objectives 
XXXVII Commitments 
XXXVIII Joint Action 
Annex H Relating to Article XXVI 
(Annex I Notes and Supplementary 
P rov i s i ons (re lated to 
above-ment ioned GATT 
provisions) 
Understanding on the interpretation of 
Article 11:1 (b) of the GATT 1994 
2. Date of incorporation of other 
duties and charges into the 
schedule. 
4 Challenges, (1st sentence only) 
6 Dispute settlement 
8 Supersession of BISD 27S/24 
Understanding on the Interpretation of 
Article XVII of the GATT 1994 
1 only the phrase "for review by the 
working party to be set up under 
paragraph (5). 
5 Working Party on state trading 
Understanding on the Balance-of-
Payments Provisions of the GATT 1994. 
5 C o m m i t t e e on B a l a n c e - o f -
Payments Restrictions, except last 
sentence 
7 Review by the Committee, the 
phrase "or under paragraph 12(b) 
ofArticleXVIN" 
8 Simplified consultation procedures 
13 C o n c l u s i o n s of Ba lance -o f -
Payments consultat ions, first 
sentence, third sentence: the 
phrase "and XVII: B, the 1979 
Declaration" and last sentence. 
Understanding on the Interpretation of 
Article XXIV of the GATT 1994 
All except paragraph 13 
Understanding in Respect of Waivers of 
Obligations under the GATT 1994 
3. Nullification and Impairment 
U n d e r s t a n d i n g o n t h e 
Interpretation of Article XXVIII of 
the GATT 1994 
Marrakesh Protocol to the GATT 
1994 
(ii) Agreement on Agriculture 
(iii) Agreement on the Application of 
San i ta ry and Phy tosan i ta ry 
Measures 
(iv) Ag reemen t on Text i les and 
Clothing 
(v) Agreement on Technical Barriers 
to Trade 
Preamble (paragraphs 1,8,9) 
1.3 General provisions 
10.5 The words "Developed country" 
and the words "French or Spanish" 
which shal l be replaced by 
"Russian" 
10.6 The phrase "and draw attention of 
developing country Members ... 
interesttothem." 
10.9 Information about techn ica l 
r egu la t i ons , s t a n d a r d s and 
certification systems (languages) 
11 Technical assistance to other 
Parties 
12 Special and differential treatment 
of developing countries 
13 The Committee on Technical 
Barriers to Trade 
14 C o n s u l t a t i o n a n d d i s p u t e 
settlement 
15 Final provisions (other than 15.5 
and 15.13) 
Annex 2 Technical Expert Groups 
(vi) Agreement on Trade-Related 
Investment Measures 
(vii) Agreement on Implementation of 
Article VI of the GATT 1994 (Anti­
dumping) 
15 Developing Country Members 
16 Commit tee on Ant i -Dumping 
Practices 
67 
18 Final Provisions, paragraphs 2 and 
6 
(vii) Agreement on Implementation of 
Article VII of the GATT 1994 
(Customs Valuation) 
Preamble paragraph 2, the phrase "and to 
secure addit ional benefits for the 
internat ional t rade of deve lop ing 
countries" 
14 Application of Annexes (second 
sentence except as far as it refers 
to Annex III paragraphs 6 and &) 
18 Inst i tu t ions ( C o m m i t t e e on 
Customs Valuation) 
19 C o n s u l t a t i o n a n d D i s p u t e 
Settlement 
20 Special and differential treatment 
of developing countries 
21 Reservations 
23 Review 
24 Secretariat 
Annex II Technical Committee on 
Customs Valuation 
Annex III Extra Provisions (except 
paragraphs 6 and 7) 
(ix) A g r e e m e n t on P resh ipmen t 
Inspection 
Preamble paragraphs 2 and 3 
3.3 TechnicalAssistance 
6 Review 
7 Consultation 
8 Dispute Settlement 
(x) Agreement on Rules of Origin 
Preamble 8th indent 
4 Institutions 
6 Review 
7 Consultation 
8 Dispute Settlement 
9 Harmonization of Rules of Origin 
(xi> ^ ^ ^ t °* 1™*°* Licensing 
1.4£a>_ Gene^f^Kwisions (last sentence) 
2.2 ' A t i t d i t M i c Import L i c e n s i n g 
(footwite5) 
4 Institutions 
6 C o n s u l t a t i o n s and D i s p u t e 
Settlement 
7 Review (except paragraph 3) 
8 Final provisions (except paragraph 
2) 
(xii) Agreement on Subsidies and 
Countervailing Measures 
4 Remedies (except paragraphs 4.1, 
4.2 and 4.3) 
5 Adverse Effects, last sentence 
6 Serious Prejudice (paragraphs 
6.6, the phrases "subject to the 
provisions of paragraph 3 of Annex 
V" and "arising under Article 7, and 
to the panel established pursuant 
to paragraph 4 of Article 7", 6.8 the 
phrase", including information 
submitted in accordance with the 
provisions of Annex V" and 6.9) 
7 Remedies (except paragraph 7.1, 
7.2 and 7.3) 
8 Identification of Non-Actionable 
Subsidies, paragraph 8.5 and 
Footnote 25 
9 Consultat ions and Authorised 
Remedies 
24. Committee on Subsidies and 
Countervail ing Measures and 
Subsidiary Bodies. 
26. Surveillance 
27. Special and Differential Treatment 
of Developing Country Member 
29 T rans fo rmat ion into Marke t 
economy, paragraph 29.2 (except 
first sentence) 
30 Dispute Settlement 
31 Provisional Application 
32.2, 32.7 and 32.8 (only insofar as it 
refers to Annexes V and VII) final 
provisions. 
Annex V Procedures for Developing 
Information Concerning Serious 
Prejudice 
Annex VII Developing Countries. 
(xiii) Agreement on Safeguards 
9 Developing Country Members 
12 Notification and Consultation, 
paragraph 10 
68 
13 Surveillance 
14 Dispute Settlement 
Annex Exception 
(b) Annex IB to the WTO Agreement: 
General Agreement on Trade in 
Services 
(c) Annex IC to the WTO Agreement: 
Agreement on Trade-re lated 
Aspects of Intellectual Property 
Rights. 
(d) Annex 2 to the WTO Agreement: 
Understanding on Rules and 
P r o c e d u r e s G o v e r n i n g the 
Settlement of Disputes 
(e) Annex 3 to the WTO Agreement 
Trade Policy Review Mechanism 
(f) Annex 4 to the WTO Agreement 
Plurilateral Trade Agreements: 
(i) Agreement on Trade in Civil 
Aircraft 
(ii) A g r e e m e n t on G o v e r n m e n t 
Procurement 
(g) Ministerial Decisions, Declarations 
and Understanding: 
(i) Decision on Measures in favour of 
Least-Developed Countries 
(ii) Declaration on the Contribution of 
the WTO to Achieving Greater 
Coherence in Global Economic 
Policy Making. 
(iii) D e c i s i o n on N o t i f i c a t i o n 
Procedures 
(iv) Declaration on the relationship of 
theWTOwiththelMF 
(v) Decision on Measures Concerning 
the Possible Negative Effects of 
the Reform Programme on Least-
D e v e l o p e d and Net F o o d -
Importing Developing Countries. 
(vi) Decision on Notification of First 
Integration under Article 2.6 of the 
Ag reemen t on Text i les and 
Clothing. 
(vii) Decision on Review of the ISO/IEC 
Information Centre Publication. 
(viii) D e c i s i o n o n P r o p o s e d 
Unders tanding on W T O - I S O 
Standards Information System. 
(ix) Decision on Anti-Circumvention 
(x) Decision on Review of Article 17.6 
o f t h e A g r e e m e n t o n 
Implementation of Article W l of 
the GATT 1994 
(xi) Declaration on Dispute Settlement 
pursuant to the Agreement on 
Implementation of Article VI of the 
GATT 1994 or Part V of the 
Agreement on Subsidies and 
Countervailing Measures. 
(xii) Decision Regarding Cases Where 
Customs Administrations Have 
Reason to Doubt the Truth or 
Accuracy of the Declared Value. 
(xiii) Decision on Texts Relating to 
Minimum Values and Imports by 
Sole Agents, Sole Distributors and 
Sole Concessionaries. 
(xiv) D e c i s i o n on I n s t i t u t i o n a l 
Arrangements for the GATS. 
(xv) Decis ion on certain Dispute 
Settlement Procedures for the 
GATS 
(xvi) Decision on Trade in Services and 
the Environment 
(xvii) Decis ion on Negotiations on 
Movement of Natural Persons 
(xviii) Decision on Financial Services 
(xix) Decis ion on Negotiations on 
Maritime Transport Services 
(xx) Decision on Negotiations on Basic 
Telecommunications 
(xxi) Decision on Professional Services 
(xxii) Decision on Accession to the 
C O 
rrocuremeni 
(xxiii) 
(xxiv) Decision on the Application and 
Review of the Understanding on 
Rules and Procedures Governing 
the Settlement of Disputes. 
(xxv) Understanding on Commitments 
in Financial Services 
(xxvi) Decision on the Acceptance of and 
Access ion to the Agreement 
Establishing the WTO 
(xxvii) D e c i s i o n o n T r a d e a n d 
Environment 
(xxviii) Decision on Organizational and 
Financial Consequences following 
from implementat ion of the 
Agreement Establishing the WTO. 
(xxix) Decision on the Establishment of 
the Preparatory Committee for the 
WTO. 
(2) All other provisions in the WTO 
Agreement which relate to: 
(a) Governmenta l ass i s tance to 
economic development and the 
treatment of developing countries, 
except for paragraphs (1) to (4) of 
the Decision of 28 November 1979 
(L/4903) on Differential and more 
F a v o u r a b l e T r e a t m e n t , 
R e c i p r o c i t y a n d F u l l e r 
Par t i c ipa t ion of Deve lop ing 
Countries. 
(b) The establishment or operation of 
specialist committees and other 
subsidiary institutions; 
(c) Signature, accession, entry into 
force, withdrawal, deposit and 
registration. 
(3) All agreements, arrangements, 
decisions, understandings or other 
joint action pursuant to the 
provisions listed as not applicable 
in paragraphs (1) or (2). 
governed by agreements entered 
into by the Meeting of Energy 
Ministers. 
(B) Rules Governing theApplication of 
Provisions of the WTO Agreement. 
(1) In the absence of a relevant 
in te rp re ta t ion of the W T O 
Agreemen t adopted by the 
Ministerial Conference or the 
General Council of the World 
T r a d e O r g a n i z a t i o n unde r 
paragraph 2 of article X of the WTO 
Agreement concerning provisions 
applicable under Article 29(2)(a), 
the Meeting of Energy Ministers 
may adopt an interpretation. 
(2) Requests for waivers under Article 
29(2) and (6)(b) shall be submitted 
to the Meeting of Energy Ministers, 
which shall follow, in carrying out 
these duties, the procedures of 
paragraphs 3 and 4 of article IX of 
the WTO Agreement. 
(3) Waivers of obligations in force in 
the WTO shall be considered in 
force for the purposes of Article 29 
while they remain in force in the 
WTO. 
(4) The provisions of article II of the 
GATT 1994 which have not been 
disapplied shall, without prejudice 
to Article 29(4), (5) and (7), be 
modified as follows: 
(i) All energy Materials and Products 
listed in Annex A and Energy 
Related Equipment imported from 
or e x p o r t e d to any o ther 
Contracting Party shall also be 
exempt from all other duties or 
charges of any kind imposed on or 
in connection with importation or 
exportation, in excess of those 
imposed on the date of the 
standstill referred to in Article 
29(6), first sentence, or under 
Article 29(6), or those directly and 
mandator i ly requi red to be 
imposed thereafter by legislation in 
force in the importing or exporting 
70 
territory on the date referred to in 
Article 29(6), first sentence. 
(ii) Nothing in article II of the GATT 
1994 shall prevent any Contracting 
Party from imposing at any time on 
the importation or exportation of 
any product. 
(a) a charge equivalent to an internal 
tax imposed consistently with the 
provisions of paragraph 2 of article 
III of GATT 1994 in respect of the 
like domestic product or in respect 
of an article from which the 
imported product has been 
manufacture or produced in whole 
or in part; 
(b) A n y a n t i - d u m p i n g o r 
coun te rva i l i ng duty app l ied 
consistently with the provisions of 
article VI ofGATT1994; 
(c) . F e e s o r o t h e r c h a r g e s 
commensurate with the cost of 
services rendered 
(iii) No Contracting Party shall alter its 
method of determining dutiable 
value or of converting currencies 
so as to impair the value of the 
standstill obligations provided for 
inArticle29(6)or(7). 
(Iv) If a n y C o n t r a c t i n g P a r t y 
e s t a b l i s h e s , m a i n t a i n s or 
authorizes, formally or in effect, a 
monopoly of the importation or 
exportation of any Energy Material 
or Product or in respect of Energy 
R e l a t e d E q u i p m e n t , s u c h 
monopoly shall not operate so as 
to afford protection on the average 
in excess of the amount of 
protect ion permitted by the 
standstill obligation provided for in 
Article 29(6) or (7). The provisions 
of this paragraph shall not limit the 
use by Contracting Parties of any 
form of assistance to domestic 
producers permitted by other 
provisions of this Protocol. 
(v) If any Contracting Party considers 
that a product is not receiving from 
another Contracting Party the 
t r e a t m e n t w h i c h the f i rs t 
Contracting Party believes to have 
been con temp la ted by the 
Standstill obligation provided for in 
Article 29(6) or (7), it shall bring the 
matter directly to the attention of 
the other Contracting Party. If the 
latter agrees that the treatment 
contemplated was that claimed by 
the first Contracting Party, but 
declares that such treatment 
cannot be accorded because a 
court or other proper authority has 
ruled to the effect that the product 
involved cannot be classified 
under the tariff laws of such 
Contracting Party so as to permit 
the treatment contemplated in this 
Protocol, the two Contracting 
Parties, together with any other 
Contracting Parties substantially 
interested, shall enter promptly 
into further negotiations with a 
v i e w to a c o m p e n s a t o r y 
adjustment of the matter. 
(vi) (a) The specific duties and 
charges included in the Tariff 
Record relating to the Contracting 
P a r t i e s m e m b e r s of t h e 
International Monetary Fund, and 
margins of preference in specific 
duties and charges maintained by 
such Contracting Parties, are 
expressed in the appropriate 
currency at the par value accepted 
or provisionally recognized by the 
Fund at the date of the standstill 
referred to in Article 29(6), first 
sentence, or under Article 29(7). 
Accordingly, in case this par value 
is reduced consistently with the 
Articles of Agreement of the 
International Monetary Fund by 
more than twenty per centum, 
such specific duties and charges 
and margins of preference may be 
adjusted to take account of such 
reduction; Provided that the 
Conference concurs that such 
adjustments will not impair the 
value of the standstill obligation 
provided for in Article 29(6) or (7) or 
elsewhere in this Protocol, due 
account being taken of all factors 
71 
(b) Similar provisions shall apply to 
any Contracting Party not a 
member of the Fund, as from the 
date on which such Contracting 
Party becomes a member of the 
Fund or enters into a special 
e x c h a n g e a g r e e m e n t in 
pursuance of Article X V of GATT 
1994. 
(Vii) Each Contracting Party shall notify 
t h e E C O W A S E x e c u t i v e 
Secretariat of the customs duties 
and charges of any kind applicable 
on the date of the standstill 
referred to in Article 29(6) first 
sentence. The Secretariat shall 
keep a Tariff Record of the customs 
duties and charges of any kind 
relevant for the purpose of the 
standstill on customs duties and 
charges of any kind under Article 
29(6) or (7). 
(5) The Decision of 26 March 1980 on 
"Introduction of a Loose-Leaf 
System for the Schedules of Tariff 
Concessions" (BISD 27S/24) shall 
not be applicable under Article 
29(2)(a). The applicable provision 
of the Understanding on the 
Interpretation of Article II: 1(b) of 
the GATT 1994 shall, without 
prejudice to Article 29(4), (5) or (6), 
a p p l y w i t h t he f o l l o w i n g 
modifications: 
(i) In order to ensure transparency of 
the legal rights and obligations 
deriving from paragraph 1 (b) of 
article II of GATT 1994, the nature 
and level of any "other duties or 
charges" levied on any Energy 
Materials and Products listed in 
A n n e x A or Energy - re la ted 
Equipment with respect to their 
importation or exportation, as 
referred to in that provision, shall 
be recorded in the Tariff Record at 
the levels applying at the date of 
the standstill referred to in Article 
29(6), first sentence, or under 
Article 29(7) respectively, against 
recording does not change the 
legal character of "other duties or 
charges". 
(ii) "Other duties or charges" shall be 
recorded in respect of all Energy 
Mater ia ls and Products and 
Energy-related Equipment. 
(iii) It will be open to any Contracting 
Party to challenge the existence of 
an "other duty or charge", on the 
ground that no such "other duty or 
charge" existed at the date of the 
standstill referred to in Article 
29(6), First sentence, or the 
relevant date under Article 29(7), 
for the item in question, as well as 
the consistency of the recorded 
level of any "other duty or charge" 
with the standsti l l obligation 
provided for by Article 29 (6) or (7), 
for a period of one year after the 
entry into force of this Protocol, or 
one year after the notification to the 
E C O W A S Executive Secretariat of 
the level of customs duties and 
charges of any kind referred to in 
Article 29(6), first sentence, or 
Article 29(7), if that is the later. 
(iv) The recording of "other duties or 
charges" in the Tariff Record is 
w i thou t p r e j u d i c e to the i r 
cons is tency with rights and 
obligations under GATT 1994 
other than those affected by sub­
paragraph (iii) above . A l l 
Contracting Parties retain the right 
to challenge, at any time, the 
consistency of any "other duty or 
charge" with such obligations. 
(v) "Other duties or charges" omitted 
f rom a no t i f i ca t ion to the 
Secretariat shall not subsequently 
be added to it and any "other duty 
or charge" recorded at a level 
lower than that prevailing on the 
applicable date shall not be 
restored to that level unless such 
additions or changes are made 
within six months of the notification 
to the Secretariat. 
72 
(6) Where the WTO Agreement refers 
to "dut ies inscr ibed in the 
Schedule" or to "bound duties" 
there shall be substituted "the level 
of customs duties and charges of 
any kind permitted under Article 
29(4) to (8). 
(7) Where the W T O Agreement 
specifies the date of entry force of 
the WTO Agreement (or an 
a n a l o g o u s ph rase ) as the 
reference date for an action, there 
shall be substituted the date of 
entry into force of the Agreement to 
the trade-related provisions of this 
Protocol. 
(8) With respect to notifications 
required by the provisions made 
applicable by Article 29(2)(a). 
(a) Contracting Parties which are not 
members of the WTO shall make 
their notifications to the E C O W A S 
Executive Secretariat. Such 
Secretariat shall circulate copies of 
the notifications to all Contracting 
Par t ies; Notif ications to the 
Executive Secretariat shall be in 
one of the authentic languages of 
this Protocol. The accompanying 
documents may be solely in the 
language of the 
Contracting Party. 
(b) Such requirements shali not apply 
to Contracting Parties to this 
Protocol which are also members 
of the WTO which provides for its 
own notification requirements. 
(9) Where Article 29(2)(a) or (6)(b) 
applies, the Meeting of Energy 
Ministers shall carry out any 
applicable duties that the WTO 
Agreement ass igned to the 
relevant bodies under the WTO 
Agreement. 
(10) (a) Interpretations of the WTO 
Agreemen t adopted by the 
Ministerial Conference or the 
General Council of the WTO under 
paragraph 2 of article IX of the 
WTO Agreement insofar as they 
interpret provisions applicable 
underArticle 29(2) (a) shall apply. 
(b) A m e n d m e n t s to the W T O 
Agreement under article X of the 
WTO Agreement that are binding 
on all members of the WTO (other 
than those under paragraph 9 of 
article X) insofar as they amend or 
relate to provisions applicable 
underArticle 29(2)(a), shall apply 
un less a Cont rac t ing Party 
requests the Meeting of Energy 
Ministers to disapply or modify 
such amendment. The Meeting of 
Energy Ministers shall take the 
dec is ion by a three-fourths 
majority of the Contracting Parties 
and determine the date of the 
disapplication or modification of 
such amendment. A request for 
the disapplication or modification 
of such amendment nay include a 
request that the application of the 
a m e n d m e n t be s u s p e n d e d 
pending the decision of the 
Meeting of Energy Ministers. 
A request to the Meeting of Energy 
Ministers made under this paragraph 
shall be made within six months of the 
circulation of a notification from the 
E C O W A S Executive Secretariat that the 
amendment has taken effect under the 
WTO Agreement. 
c) Interpretations, amendments, or 
new instruments adopted by the 
W T O , o t h e r t h a n t h e 
interpretations and amendments 
applied under paragraphs (a) and 
(b) shall not apply. 
ANNEXE 
INTERIM PROVISIONS FOR T R A D E 
DISPUTE SETTLEMENT 
(In accordance with Article 29(9) 
(1) (a) In their relations with one 
another, Contracting Parties shall 
make every effort through co­
operation and consultations to 
arrive at a mutually satisfactory 
resolution of any dispute about 
existing measures that might 
73 
the provisions appucaDie 10 iraae 
underArticle 5 or 29, or about any 
measures that might nullify or 
impair any benefit accruing to a 
Contracting Party directly or 
indirectly under the provisions 
applicable to trade under Article 
29. 
(b) A Contracting Party may make 
written request to any other 
Contracting Party for consultations 
regarding any existing measure of 
the other Contracting Party that it 
considers might affect materially 
c o m p l i a n c e with p rov is ions 
applicable to trade underArticle 5 
or 29. A Contracting Party which 
request consultations shall to the 
fullest extent possible indicate the 
measures complained considers 
relevant. Requests to consult 
pursuant to this paragraph shall be 
notified to the Secretariat, which 
shal l periodical ly inform the 
Contracting Parties of pending 
consultations that have been 
notified. 
(c) A Contracting Party shall treat any 
c o n f i d e n t i a l or p rop r ie ta ry 
information identified as such and 
contained in or received in 
response to a written request, or 
r ece i ved in the c o u r s e of 
consultations, in the same manner 
in which it is treated by the 
Contracting Party providing the 
information. 
(d) In seeking to resolve matters 
considered by a Contracting Party 
to a f fec t c o m p l i a n c e wi th 
provisions applicable to trade 
under Article 5 or 29 as between 
itself and another Contracting 
Party, or to nullify or impair any 
benefit accruing to it directly or 
indirectly under the provisions 
applicable to trade under Article 
29, the Cont ract ing Part ies 
participating in consultations or 
other dispute settlement. Shall 
make every effort to avoid a 
resolution that adversely affects 
rc»i ty. 
(2) (a) If, within 60 days from the 
rece ip t of the reques t for 
consu l ta t i on re fer red to in 
s u b p a r a g r a p h ( 1 ) (b ) , the 
Contracting Parties have not 
resolved their dispute or agreed to 
r e s o l v e it by c o n c i l i a t i o n , 
mediation, arbitration or other 
method, either Contracting Party 
may deliver to the Executive 
Secretariat of E C O W A S a written 
request for the establishment of a 
p a n e l in a c c o r d a n c e wi th 
subparagraphs (b) to (f). In its 
request the requesting Contracting 
Party shall state the substance of 
the dispute and indicate which 
provisions of Article 5 or 29 and of 
t he W T O A g r e e m e n t a re 
c o n s i d e r e d re levant . The 
Executive Secretariat of E C O W A S 
shall promptly deliver copies of the 
request to all Contracting Parties. 
(b) The interests of other Contracting 
Parties shall be taken into account 
during the resolution of a dispute. 
Any other Contracting Party 
having a substantial interest in a 
matter shall have the right to be 
heard by the panel and to make 
written submissions to it, provided 
that both disputing Contracting 
Pa r t i e s and the E x e c u t i v e 
Secretariat of E C O W A S have 
received written notice of its 
interest no later than the date of 
establishment of the panel, as 
determined in accordance with 
subparagraph (c). 
(c) A panel shall be deemed to be 
established 45 days after receipt of 
the written request of a Contracting 
Party by the Executive Secretariat 
of E C O W A S p u r s u a n t to 
subparagraph (a). 
(d) A panel shall be composed of three 
members who shall be chosen by 
t h e E C O W A S E x e c u t i v e 
Secre tar ia t from the roster 
descr ibed in paragraph (7). 
74 
Except where the disput ing 
C o n t r a c t i n g P a r t i e s a g r e e 
otherwise, the members of a panel 
shall not be citizens of Contracting 
Parties which either are party to 
the dispute or have notified their 
interest in acco rdance with 
subparagraph (b), or citizens of 
states members of a Regional 
E c o n o m i c I n t e g r a t i o n 
Organization which either is party 
to the dispute or has notified its 
interest in acco rdance with 
subparagraphs (b). 
(e) The disputing Contracting Parties 
shall respond within ten working 
days to the nominations of panel 
members and shall not oppose 
nominations except for compelling 
reasons. 
(f) Panel members shall serve in their 
individual capacities and shall 
neither seek not take instruction 
from any government or other 
body. Each Contracting Party 
undertakes to respect these 
principles and not to seek to 
influence panel members in the 
performance of their tasks. Panel 
members shall be selected with a 
v i e w to e n s u r i n g t h e i r 
i n d e p e n d e n c e , and that a 
sufficient diversity of backgrounds 
and breadth of experience are 
reflected in a panel. 
(g) The Executive Secretariat of 
E C O W A S shall promptly notify all 
Contracting Parties that a panel 
has been constituted. 
(3) (a) The Meeting of Energy 
Ministers shall adopt rules of 
procedure for panel proceedings 
consistent with this Annex. Rules 
of procedure shall be as close as 
possible to those of the WTO 
Agreement. A panel shall also 
have the right to adopt additional 
rules of procedure not inconsistent 
with the rules of procedure 
adopted addi t ional rules of 
procedure not inconsistent with the 
rules of procedure adopted by the 
Meeting of Energy Ministers or 
with this Annex. In a proceeding 
before a panel each disputing 
Contracting Party and any other 
Contracting Party which has 
notified its interest in accordance 
with subparagraph (2) (b), shall 
have the right to at least one 
hearing before the panel and to 
provide a written submission. 
Disputing Contracting Parties shall 
also have the right to provide a 
written rebuttal. A panel may grant 
a request by any other Contracting 
Party which has notified its interest 
in accordance with subparagraph 
(2) (b) for access to any written 
submission made to the panel, 
with the consent of the Contracting 
Party which has made it. 
The proceedings of a panel shall 
be confidential. A panel shall 
make an objective assessment of 
the matters before it, including the 
facts of the dispute and the 
compliance of measures with the 
provisions applicable to trade 
underArticle 5 or 29. In exercising 
its functions, a panel shall consult 
with the disputing Contracting 
Parties and give them adequate 
opportunity to arrive at a mutually 
satisfactory solution. Unless 
otherwise agreed by the disputing 
Contracting Parties, a panel shall 
base its decision on the arguments 
and submissions of the disputing 
Contracting Parties. Panels shall 
be guided by the interpretations 
given to the WTO Agreement 
within the framework of the WTO 
Agreement, and shall not question 
the compatibility with Article 5 or 29 
of practices applied by any 
Contracting Party which is a 
member of the WTO to which it 
applies the WTO Agreement and 
which has not been taken by those 
o t h e r m e m b e r s t o d i s p u t e 
r e s o l u t i o n u n d e r t h e W T O 
Agreement. 
Unless otherwise agreed by the disputing 
Contracting Parties, all procedures 
7 C 
ot its tinai report, snouia De compiexea 
within 180 days of the date of 
establishment of the panel; however, a 
failure to complete all procedures within 
this period shall not affect the validity of a 
final report. 
(b) A panel shall determine its 
jurisdiction; such determination 
shall be final and binding. Any 
objection by a disputing 
Contracting Party that a dispute is 
not within the jurisdiction of the 
panel shall be considered by the 
panel, which shall decide whether 
to deal with the objection as a 
preliminary question or to join it to 
the merits of the dispute. 
(c) In the event of two or more 
requests for establishment of a 
panel in relation to disputes that 
are substantively similar, the 
ECOWAS 
Executive Secretariat may with the 
consent of all the disputing 
contracting parties appoint a single 
panel. 
(4) (a) After having considered 
rebuttal arguments, a panel shall 
submit to the disputing contracting 
parties the descriptive sections of 
its draft written reports, including a 
statement of the facts and a 
summary of the arguments made 
by the disputing contracting 
parties. The disputing contracting 
parties shall be afforded an 
opportunity to submit written 
comments on the descriptive 
sections within a periods set by the 
panel. 
Following the date set for receipt of 
comments from the contracting 
parties, the panel shall issue to the 
disputing contracting parties an 
interim written report, including 
both the descriptive sections and 
the panel's proposed findings and 
conclusions. Within a period set by 
the panel a disputing contracting 
party may submit to the panel a 
i t ; v i e w s p e u m u a o p c u i a u i u i c 
interim report before issuing a final 
report. Before issuing a final report 
the panel may, in its discretion, 
meet with the disputing contracting 
parties to consider the issues 
raised in such a request. 
The final report shall include 
descriptive sections (including a 
statement of the facts and a 
summary of the arguments made 
by the disputing contracting 
parties), the panel's findings and 
conclusions, and a discussion of 
arguments made on specific 
aspects of the interim report at the 
stage of its review. The final report 
shall deal with every substantial 
issue raised before the panel and 
necessary to the resolution of the 
dispute and shall state the reasons 
for the panel's conclusions. 
A panel shall issue its final report 
by providing it promptly to the 
Executive Secretariat of ECOWAS 
and to the disputing contracting 
parties. The Executive Secretariat 
of ECOWAS shall at the earliest 
practicable opportunity distribute 
the final report, together with any 
written views that a disputing 
contracting part desires to have 
appended, to all contracting 
parties. 
(b) Where a pane concludes that a 
measure introduced or maintained 
by a contracting party does not 
comply with a provision of Article 5 
or 29 or with a provision of the 
WTO Agreement that applies 
under Article 29, the panel may 
recommend in its final report that 
the contracting party alter or 
abandon the measure or conduct 
so as to be in compliance with that 
provision. 
(c) Panel reports shall be adopted by 
the Meeting of Energy Ministers. In 
order to provide sufficient time for 
the Meeting of Energy Ministers to 
consider panel reports, a report 
76 
shall not be adopted by the 
Meeting of Energy Ministers until 
at least 30 days after it has been 
provided to all contracting parties 
by the Executive Secretariat of 
E C O W A S . Contracting Parties 
have objections to a panel report 
shall give written reasons for their 
object ions to the Execut ive 
Secretariat of E C O W A S at least 10 
days prior to the date on which the 
report is to be considered for 
adoption by the Meeting of Energy 
Ministers, and the Executive 
Secretariat of E C O W A S shall 
promptly provide them to all 
contracting parties. The disputing 
contracting parties and contracting 
parties which notified their interest 
in accordance with subparagraph 
(2)(b) shall have the right to 
p a r t i c i p a t e f u l l y in t h e 
consideration of the panel report 
on that dispute by the Meeting of 
Energy Ministers, and their views 
shall be fully recorded. 
In order to ensure effective 
resolution of disputes to the benefit 
of all contracting parties, prompt 
compl iance with rulings and 
recommendations of a final panel 
report that has been adopted by 
the Meeting of Energy Ministers is 
essential. A contracting party 
which is subject to a ruling or 
recommendation of a final panel 
report that has been adopted by 
the Meeting of Energy Ministers 
shall inform the Meeting of Energy 
Ministers of its intentions regarding 
compliance with such ruling or 
recommendation. In the event that 
i m m e d i a t e c o m p l i a n c e is 
impracticable, the contracting 
party concerned shall explain its 
reasons for non-compliance to the 
meeting of Energy Ministers and, 
in light of this explanation, shall 
have a reasonable period of time to 
effect compliance. The aim of 
d i s p u t e r e s o l u t i o n is t he 
mod i f i ca t ion or remova l of 
inconsistent measures. 
(5) (a) Where a contracting party 
has failed within a reasonable 
period of time to comply with a 
ruling or recommendation of a final 
panel report that has been adopted 
by the Mee t i ng of Ene rgy 
Ministers, a contracting party to the 
dispute injured by such non­
compliance may deliver to the non-
complying contracting party a 
written request that the non-
complying contraction party enter 
into negotiations with a view to 
a g r e e i n g u p o n m u t u a l l y 
acceptable compensation. If so 
requested the non-complying 
contracting party shall promptly 
enter into such negotiations. 
(b) If the non-complying contracting 
party refuses to negotiate, or if the 
contracting parties have not 
reached agreement within 30 days 
after delivery of the request for 
n e g o t i a t i o n s , t he i n j u r e d 
contracting party may make a 
written request for authorization of 
the Meeting of Energy Ministers to 
suspend obligations owned by it to 
the non-complying contracting 
party underArticle 5 or 29. 
© The Meeting of Energy Ministers 
may a u t h o r i z e the in jured 
contracting party to suspend such 
of its obligations to the non-
complying contracting party, under 
provisions of Article 5 or 29 or 
under provisions of the WTO 
Agreement that apply underArticle 
29, as the injured contracting party 
cons iders equiva lent in the 
circumstances. 
(d) The suspension of obligations 
shall be temporary and shall be 
applied only until such time as the 
measure found to be inconsistent 
with Article 5 or 29 has been 
removed, or until a mutually 
satisfactory solution is reached. 
(6) (a) Be fo re s u s p e n d i n g such 
obligations the injured contracting 
party shal l inform the non-
complying contracting party of the 
nature and level of its proposed 
77 
contracting party delivers to tne 
Executive Secretariat of E C O W A S 
a written objection to the level of 
s u s p e n s i o n of o b l i g a t i o n s 
p r o p o s e d by t he i n j u r e d 
contracting party, the objection 
shall be referred to arbitration as 
provided below. The proposed 
suspension of obligations shall be 
stayed until the arbitration has 
b e e n c o m p l e t e d a n d the 
determination of the arbitral panel 
has become final and binding in 
accordance with subparagraph 
(e). 
The Executive Secretariat of 
E C O W A S shal l establ ish an 
arbitral panel in accordance with 
subparagraphs (2)(d) to (f), which 
if practicable shall be the same 
panel which made the ruling or 
recommendation referred to in 
subparagraph (4)(d), to examine 
the level of obligations that the 
injured contracting party proposes 
to suspend. Unless the Meeting of 
E n e r g y M i n i s t e r s d e c i d e s 
otherwise t the rules of procedure 
for panel proceeding shall be 
adopted in accordance with 
subparagraph (3) (a). 
The arbitral panel shall determine 
whether the level of bbligations 
proposed to be suspended by the 
injured contract ing party is 
excessive in relation to the injury it 
experienced, and if so, to what 
extend. It shall hot review the 
n a t u r e of the o b l i g a t i o n s 
suspended, except insofar as this 
i s i n s e p a r a b l e f r o m t h e 
determination of the level of 
suspended obligations. 
The arbitral panel shall delivery its 
written determination to the injured 
and the non-complying contracting 
parties and to the Executive 
Secretariat of E C O W A S within 60 
days of the establishment of the 
panel or within such other period 
as may be agreed by the injured 
and the non-complying contracting 
f j l t ^ d t l L I I C U C I C I I I 111 l u u v i i i v s u 
Meeting of Energy Ministers at the 
earliest practicable opportunity, 
and no later than the meeting of the 
Meeting of Energy Ministers 
f o l l o w i n g r e c e i p t of t h e 
determination. 
(e) The determination of the arbitral 
panel shall become final and 
binding 30 days after the date of its 
presentation to the Meeting of 
Energy Ministers, and any level of 
suspension of benefits allowed 
thereby may thereupon be put into 
effect by the injured contracting 
party in such manner as that 
cont rac t ing party cons ide rs 
equivalent in the circumstances, 
unless prior to the expiration of the 
30 days period the Meeting of 
E n e r g y M i n i s t e r s d e c i d e s 
otherwise. 
(f) In suspending any obligations to a 
non-complying contracting party, 
an injured contracting party shall 
every effort not to after adversely 
the trade of any other contracting 
party. 
(7) Each contract ing party may 
designate two individual who shall, 
in the case of contracting parties 
which are also member of the 
WTO, if they are willing and able to 
serve as panelists under this 
Annex, be persons whose names 
appear on the indicative list of 
g o v e r n m e n t a l a n d n o n ­
governmental individuals, referred 
to in article 8 of the Understanding 
on R u l e s and P r o c e d u r e s 
Governing the Settlement of 
Disputes contained in Annex 2 to 
the WTO Agreement or who have 
in the past served as panelists on a 
GATT or WTO dispute settlement 
panel. The Executive Secretariat 
of E C O W A S may also designate, 
with the approval of the Meeting of 
Energy Ministers, not more than 
ten individuals, who are willing and 
able to serve as panelists for 
purposes of dispute resolution in 
78 
accordance with paragraphs (2) to 
(4). The Meeting of Energy 
Ministers may in addition decide to 
designate for the same purposes 
up to 20 individuals, who serve on 
dispute settlement rosters of other 
international bodies, who are 
willing and able to serve as 
panelists. The names of all of the 
individuals so designated shall 
constitute the dispute settlement 
roster. Indiv iduals sha l l be 
designated strictly on the basis of 
objectivity, reliability and sound 
judgment and, to the greatest 
extend poss ib le , shal l have 
expertise in international trade and 
energy matters, in particular as 
relates to provisions applicable 
under Article 29. In fulfilling any 
funct ion under this A n n e x , 
designees shall not be affiliated 
with or take instructions from any 
contracting party. Designees shall 
serve for renewable terms of five 
years and until their successors 
have been designated. A designee 
w h o s e terms exp i res sha l l 
continue for fulfil any function for 
which that individual has been 
chosen under this Annex. In the 
case of death, resignation or 
incapacity of a designee, the 
contracting party shall have the 
right to d e s i g n a t e ano the r 
ind iv idual to se rve for the 
remainder of that designee's term, 
the designation by the Director 
being subject to approval of the 
Meeting of Energy Ministers. 
(8) Notwithstanding the provisions 
c o n t a i n e d in t h i s A n n e x , 
c o n t r a c t i n g p a r t i e s a r e 
encouraged to consult throughout 
the dispute resolution proceeding 
with a view to settling their dispute. 
(9) The Meeting of Energy Minister 
may appoint or designate other 
bodies or fora to perform any of the 
function delegated in this Annex to 
the Execut ive Secretar iat of 
. E C O W A S . 
(10) Where a contracting party invokes 
Article 29(9)(b), this Annex shall 
apply, subject to the following 
modifications: 
(a) The complaining party shal l 
present a detailed justification in 
support of any request for 
c o n s u l t a t i o n s or f o r t h e 
establishment of a panel regarding 
a measure which it considers to 
nullify or impair any benefit 
accruing to it directly or indirectly 
underArticle 29. 
(b) Where a measure has bee found to 
nullify or impair benefits under 
Article 29 without violation thereof, 
there is no obligation to withdraw 
the measure, however, in such a 
case the panel shall recommend 
that the c o n t r a c t i n g par ty 
concerned make a mutually 
satisfactory adjustment. 
(c) The arbitral panel provided for in 
paragraph (6)(b), upon the request 
of either party, may determine the 
level of benefits that have been 
nullified or impaired, and may also 
suggest ways and means of 
reaching a mutually satisfactory 
adjustment, such suggestions 
shall not be binding upon the 
parties to the dispute. 
7 0 
S o n E x c e l l e n c e Laurent: G B A G B O 
President de la Republique de cCrTE 
DTVOIRE S.E . M a d a m e F a t h n a VEZGA 
Min l s t re d e s A f f a i r e s e t r a n g e r e s , d e la C o o p e r a t i o n 
e t d e s C o m m u n a u t e s , 
P o u r e t pa r o r d r e d u P r e s i d e n t 
d e l a R e p u b i i q u e d u C A P V E R T 
im K U F U O R 
du GHANA 
sel lence Y a h y a J A M M E H / S o n E x c e l l >
P r e s i d e n t d e l a R e p u b l i q u e d e l a G A M B I E 
S o n E x c e l l e n c e K o u m b a Y a l a I 
N H A N C A 
President de la Republique de GUINEE 
BISSAU 
S.E . M a i t r e L a m i n e SZDXME 
P r e m i e r M i n l s t r e , r e p r e s e n t a n t le 
P res iden t d e la R e p u b l i q u e d e G U I N E E 
S o n E x c e l l e n c e A m a d o u T o u m a n i T O U R E 
President de la Republique du MALI 
S .E . M o s e s ; 
V i c e - P r e s i d e n t d e l a R e p u b l i q u e d u L i b e r i a , 
P o u r e t p a r o r d r e d u P r e s i d e n t 
d e l a R e p u b l i q u e d u L I B E R I A 
j t ^£ f r f * *?^ te 
S o n E x c e l l e n c e O f u s e g u n O B A S A n U O 
President, Oonrvrtiandant-en-Chef des Forces 
Armees de la Republique Federate du NIGERIA 
i:.<2 I T A N D J A i l a R e p u b l i q u e d u N I G E R 
S o n E x c e l l e n c e A l h a j i A h m o d T e j a n K A B B A H 
President de la Republique de SIERRA LEONE 
Son ExceUence Gn<tssingbe EYADEMA 
President de la Republique TOGOLAISE 
S o n 
P r e s i d e n t 
lye W A D E 
b l i q u e d u S E N E G A L 
80 
GENERAL CONVENTION A/C.1/1/03 
ON T H E R E C O G N I T I O N A N D 
E Q U I V A L E N C E OF D E G R E E S , 
DIPLOMAS, CERTIFICATES AND 
OTHER QUALIFICATIONS IN ECOWAS 
MEMBER STATES. 
THE HIGH CONTRACTING PARTIES 
MINDFUL of Articles 7, 8 and 9 of the 
E C O W A S Treaty establ ish ing the 
Authority of Heads of State and 
Government and defining its composition 
and functions. 
MINDFUL of Article 60 of the Economic 
Community of West African States 
Revised Treaty on co-operation in human 
resources. 
MINDFUL of Decision (A/DEC.11/5/82 on 
the establishment of an ad-hoc committee 
to determine the equ iva lence of 
certificates within E C O W A S 
MINDFUL of Protocol A/P1/7/87 on the 
cultural framework agreement for the 
Economic Community of West African 
states (ECOWAS). 
MINDFUL of the Protocol of free 
movement of persons, right of residence 
and establishment. 
GUIDED BY: 
The General Convention of the African 
and Malagasy Counc i l for Higher 
Education (CAMES) on the automatic 
validity and the equivalence of certificate 
of higher education. 
The Convention of the West African 
Examination Council (WAEC). 
The Reg iona l Convent ion on the 
recognition of studies and certificates 
diplomas, degrees and other higher 
educational qualification in African States 
( U N E S C O ) , A r u s h a R e g i o n a l 
Convention. 
REAFFIRMING their common wish to 
w o r k t o w a r d s s t r e n g t h e n i n g 
comprehension and co-operation among 
the peoples of the sub-region as a means 
of realizing their aspirations to solidarity 
and greater fraternity. 
CONVINCED that harmonization of 
educational and training policies is a key 
factor in the promotion of culture and 
scientific exchanges within the framework 
of such co-operation. 
RESOLVED to promote continued 
education and improve the quality of 
teaching. 
CONVINCED that recognition of degrees, 
d i p l o m a s , ce r t i f i ca tes and other 
qualifications and of their equivalence is a 
prerequisite for increased mobility of 
students, teachers and specialists and a 
means of accelerating development in the 
field of education and achieving sub-
regional integration. 
HAVE AGREED AS FOLLOWS: 
ARTICLE 1: DEFINITIONS 
The following terms shall have the 
meanings assigned to them hereunder. 
Community is the Economic Community 
of West African States (ECOWAS) whose 
establishment has been reaffirmed under 
Article 2 of the E C O W A S Revised Treaty. 
Treaty means the Treaty of the Economic 
Community of West African States signed 
in Cotonou on 24th July, 1993. 
Member state or Member States shall 
mean a Member State or States of the 
Economic Community of West African 
States. 
Host Member State shall mean the 
Member State or the country of residence 
of the holder of a qualification. 
Member State, Country of Origin shall 
mean the Member States or country of 
origin of the migrant student or holder of 
the qualification, or of which he/she is a 
national. 
High Contracting parties shall mean 
E C O W A S Member States 
Executive Secretariat shall mean the 
Executive Secretariat of the Economic 
Community as referred to underArticle 17 
of the Treaty. 
Q<1 
corresponaing 10 me same criteria and 
which may be considered to be identical 
Exemption shall refer to recognition of the 
basic value of other education systems 
even where qual i f icat ions do not 
correspond or are strictly identical. 
In this context exempt ion means 
exceptionally permitted to pursuer studies 
under certain condition. 
Comparability shall mean recognition of 
qualifications with the same academic 
value, the element of comparison exists 
with regards to the level and stage of 
training. 
Partial Studies shall means education of 
partial duration or consent by comparison 
with the norms prevailing in the institution 
in which it is acquired. Recognition may 
be granted in accordance with the level of 
education attained by the students as 
app roved by the s ta te grant ing 
recognition. 
Stage of Training shall mean the sum of 
academic studies or personal experience 
and a c h i e v e m e n t cu lm ina t ing in 
attachment of the requisite level of 
maturity and skill to enable the training to 
accede to the next stage of studies, or to 
take up appointment and perform such 
duties as are consonant with the stage 
attained if wishing to embark upon a 
profession. 
ARTICLE 2: AIMS AND OBJECTIVES 
The aim of the Convention shall be: 
To promote regional co-operation 
with regard to the assessment and 
recognition of degreed, diplomas, 
c e r t i f i c a t e s a n d o t h e r 
qualifications, social and cultural 
integration embarked upon by 
ECOWAS. 
To widen cooperation among 
p e o p l e a n d s t r e n g t h e n 
col laborat ion in the use of 
manpower, thereby reducing brain 
and p romot ing h a r m o n i o u s 
development. 
and the pursuit of studies. 
ARTICLE 3: UNDERTAKEN GIVEN BY 
MEMBER STATES 
Member States of the Community hereby 
undertaken 
1. AT THE COMMUNITY LEVEL 
(a) To recognize the validity or 
equivalence of degrees awarded 
by their respect ive training 
institutions. 
(b) To g ran t d i s p e n s a t i o n or 
exemption with a view to the 
pursuance of studies under certain 
cond i t i ons whe re l i ngu is t i c 
problems have been resolved. 
(c) To accept comparability through 
recognition of certificates with the 
same academic value. The right of 
residence being already granted. 
(d) To p r o m o t e e x c h a n g e of 
information and documentation on 
studies, certificates, diplomas and 
other qualifications from higher 
institutions. 
2. AT NATIONAL LEVEL 
a) Inform the Executive Secretariat 
and Member States of the terms 
under which studies partially 
completed in institutions of the 
other contracting parties may be 
recognised for the purpose of 
pursuing studies in other Member 
States. 
b) To give or maintain in their training 
inst i tut ions covered by the 
Convention, Educational training 
and orgaisation which complies 
with international standards while 
taking into account the realities of 
the African context. 
c) T o e n s u r e e f f e c t i v e 
implementation of this convention 
through existing national agencies 
or bodies to be established for that 
purpose. 
82 
d) To provide national agencies with 
the necessary means to carry out 
their duties of collation, analysis 
a n d c a t e g o r i z a t i o n of a l l 
information on s tud ies and 
certificates higher education. 
e) To actively involve, wherever 
possible, relevant governmental 
and non-governmental sectors, 
part icular ly un ivers i t ies and 
tra in ing inst i tu t ions, in the 
activities. 
ARTICLE 4: CONDITIONS FOR 
VALIDITY, EQUIVALENCE AND 
COMPARABILITY 
The following main criteria are to be 
complied with: 
a) C o m p a r a b l e s t a t u s o f 
es tab l ishment award ing the 
d e g r e e , i nc l ud ing l eve l of 
equipment and qualification of 
teachers. 
B) Similar conditions of entry to 
courses. 
c) Comparabi l i ty of duration of 
studies/academic value. 
d) Similar course contents, study 
programmes, and assessment 
m e t h o d for a p t i t u d e a n d 
knowledge. 
ARTICLE 5: LIST OF QUALIFICATION 
The list of degrees, diplomas, and other 
qualifications and grades which are 
equivalent, comparable or granted 
dispensation approved by the Council of 
Ministers is attached as an annex to this 
convention. 
ARTICLE 6: DATA COLLECTION 
1. The Executive Secretariat shall 
co l l abo ra te with compe ten t 
national bodies to compile the 
necessary data for a periodic 
update of this list. 
2. The Counc i l of Ministers is 
empowered to approve any future 
amendment to this list. 
ARTICLE 7: FURTHER STUDIES 
Any national of a Member State whose 
cer t i f i ca te was obta ined ou ts ide 
E C O W A S may take advantage of such 
provisions as may be applicable, provided 
the certificates are recognisied in the 
country of award and in the Member State 
where he/she wishes to continue his/her 
studies. 
ARICLE8: FINAL PROVISIONS 
This Convention shall replace all other 
convention and treaties on the subject 
which may have been signed between 
E C O W A S Member States. 
The Convention shall not, however, in any 
manner affect the provisions of Treaties 
and Conventions already signed between 
Member States of the Community and 
third countries and / or international 
bodies. 
ARTICLE 9: REVISION AND 
AMENDMENT 
a) Any party to this Convention may 
submit proposal for amendment or 
revision of this convention. 
b) Any such proposals shall be 
submit ted to the Execu t i ve 
Secretary who shall notify other 
Member States not late than thirty 
(30) days after the receipt of such 
p r o p o s a l s . A m e n d m e n t s or 
revisions shall considered by the 
Heads of State and Government 
after parties have been given at 
least three (3) months notice 
thereof. 
ARTICLE 10: ENTRY INTO FORCE 
a) This Convention shall enter into 
f o r c e , p r o v i s i o n a l l y , u p o n 
signature by Heads of States and 
Government and definitively upon 
ratification by at least nine (9) 
signatory states in accordance 
83 
oteach Member State. 
b) T h i s C o n v e n t i o n a n d the 
instrument of ratification shall be 
deposited with the Executive 
Secretariat of the Community 
which shall transmit certified true 
copies of the document to Member 
States and notify them of the dates 
ratification. 
c) The Executive Secretariat shall 
communicate to Member States all 
information regarding measures 
taken by each Member States for 
t t h e e n f o r c e m e n t of t h i s 
convention. 
IN FAITH WHEREOF WE, THE HEADS OF STATE AND GOVERNMENT 
OF THE MEMBER STATES OF THE ECONOMIC COMMUNITY OF 
WEST AFRICAN STATES (ECOWAS) HAVE SIGNED THIS CONVENTION 
IN SINGLE ORIGINAL IN THE ENGLISH, FRENCH AND PORTUGESE 
LANGUAGES, ALL TEXTS BEING EQUALLY AUTHENTIC 
DONE AT DAKAR, THIS 31 ST DAY OF JANUARY 2003. 
S.E. MaitxvB l a m i n a S I D I M E 
Premier Minlstre, representant le 
President de la Republique? de GUINEE 
S o n Exce l lence K o u m b a Y a l a I 
President de la Republique de GUINEE 
BISSAU 
S.E . I 
Vice-President de la Republique du Liberia, 
P o u r e* par o r d r e du President: 
de la Republique du LIBERIA 
S o n Exoe l lenoe A m a d o u T o u m a n i 
President de la Riepublique du M A U 
84 
l a d o u T A N D 3 A 
: la Republique du NIGER 
i c e O l u s e g u n O B A S A S o n E x c d l c n o e l s e g  N X ) 
President, ODmmandant-en-Chef des Forces 
Armees de la Republique Federals du NIGERIA 
1 
President de 
y e W A D E 
ubMque du SENEGAL 
S o n E x c e l l e n c e Alhaji A h m a d T e j a n K A B B A H 
President de la Republique de SIERRA LEONE 
S o n E x c e l l e n c e G n a s s l n g b e E Y A D E M A 
President de la Republique TOGOLAISE 
85 
OF THE AUTHORITY OF HEADS OF 
STATE AND GOVERNMENT 
Dakar, 31 January 2003 
DECISION A/DEC.1/01/03 FORMALLY 
ADOPTION THE F L A G OF THE 
ECONOMIC COMMUNITY OF WEST 
AFRICA STAES (ECOWAS) 
THE AUTHORITY OF HEADS OF STATE 
AND GOVERNMENT, 
MINDFUL of Articles 7, 8, and 9 of the 
Treaty establishing the Authority of heads 
of States and Government and defining its 
composition and functions. 
MINDFUL of Decision C/DEC.2/7/84 
relating to the choice of logo for the 
community. 
MINDFUL of the directive of the 25th 
session of the Authority of Heads of State 
and Government on the formal adoption 
of an E C O W A S flag. 
CONSIDERING that the ex is t ing 
E C O W A S f lag has s i g n i f i c a n t l y 
contributed to the recognition of the 
community, and elicited interest in 
E C O W A S both within the Member States 
and outside the community. 
CONSIDERING that the flag perfectly 
symbolizes the integration objectives of 
ECOWAS, and has been used by all the 
institutions of the community, and by 
E C O M O G which used it on its armband. 
CONSIDERING the need to guarantee 
the exclusive use of the E C O W A S flag by 
the community and its institutions, and to 
protect it from all fraudulent and abusive 
use. 
DESIROUS of formally adopting and 
registering the flag. 
ON THE RECOMMENDATION of the 
forty-ninth ordinary session of the council 
of Ministers held in Dakar from 26th to 
28th January 2003. 
Article 1 
The E C O W A S Flag described in Article 2 
below is hereby adopted. 
Article 2 
The E C O W A S Flag shall consist of the 
logo of the organization printed on a white 
background. The logo consists of the map 
of Africa inside the circle formed by a 
broad green band with a thinner greet line 
forming an inner circle, and the acronym 
" C E D E A O " P r i n t e d a b o v e a n d 
(ECOWAS" below. The map of Africa is 
yellow, with West Africa highlighted in 
green. Africa is cupped by two stylized 
hands fingers reaching out to touch one 
another and holding up a white cowrie 
inside a brown circle. 
ARTICLE 3 
The Secretariat shall take all necessary 
measures to registerthe E C O W A S Flag. 
ARTICLE 4 
This Decision shall be published in the 
Official Journal of the community by the 
Executive Secretariat within thirty (30) 
days of its signature by the Chairman of 
the Authority. It shall also be published in 
the National Gazette by each member 
state within the same time frame. 
DONE AT DAKAR, THIS 31 ST DAY OF 
JANUARY 2003. 
i B D O U L A Y E W A D E 
CHAIRMAN 
FOR THE AUTHORITY 
86 
TWENTY-SIXTH ORDINARY SESSION 
OF THE AUTHORITY OF HEADS OF 
STATE AND GOVERNMENT 
Dakar, 31 January 2003 
DECISION A/DEC.2/01/03 RELATING 
TO THE CREATION OF THE ECOWAS 
ENERGY OBSERVATORY) 
THE AUTHORITY OF HEADS OF STATE 
AND GOVERNMENT, 
MINDFUL of Articles 7, 8, and 9 of the 
E C O W A S Treaty establishing the Council 
of Ministers and defining its composition 
and functions. 
CONSIDERING that the E C O W A S 
Revised Treaty of July 24, 1993 re­
affirmed the principle set forth in the 
Treaty of May 28, 1975, establishing 
E C O W A S for the purpose of encouraging 
cooperation among the Member States in 
the areas of economic development and 
to this end, favouring the free movement 
of persons and goods between States. 
MINDFUL of Decision A/Dec.3/5/82 of 29 
May, 1982 relating to the E C O W A S 
Energy Policy. 
CONSDERING that Member States have 
demonstrated their will to coordinate their 
efforts with a view to implementing the 
E C O W A S priority action plans, notably, 
those relating to the interconnection of 
infrastructure. 
MINDFUL of an ear l ier Dec is ion 
A/Dec.5/12/99 which in its article 2, 
created a coordinating structure for the 
meeting of Energy Minister and the 
committee of Chief Executive of the 
Electricity companies of the Member 
States and defined its attributes. 
RECALLING Regulation C/Reg.7/12/99 
relating to the adoption of a Master Plan to 
develop means of energy production and 
interconnection of electricity networks of 
E C O W A S Member States, and also 
r e c a l l i n g a m e m o r a n d u m of 
understanding signed in Lome 29th 
September 2000 by E C O W A S Ministers 
of Energy in relation to the Master Plan. 
DESIRING to create an E C O W A S Energy 
observatory as a first component of the 
f u t u r e W A P P i n f o r m a t i o n a n d 
coordination centre, and as a information 
and communication system to alert the 
Member States on possible shortages 
and to identify the preventive measures 
that could be implemented to avoid such 
shortages. 
UPON THE RECOMMENDATION of the 
Forty-ninth session of the council of 
Ministers held at Dakar 26-28 January 
2003. 
DECIDES 
ARTICLE 1 
There is hereby established for the 
Community a West Africa Power Pool 
(WAPP) Energy Observatory that will be 
temporarily located in Cotonou, the 
Republic of Benin, which is to be hosted 
b y C E B . 
ARTICLE 2 
The W A P P Energy Observatory shall 
have the following scope of work: 
Collect, analyse and publish 
information giving an overview of 
the current situation of the WAPP 
and a prospective view of its 
developments. 
Monitor the situation of power 
systems in Member States with 
particular attention to the national 
power systems in a state of 
emergency, warm on risk of power 
supply fai lures and propose 
feasible solution for the identified 
crisis situations. 
Assess periodically the economic 
and technical potential of feasible 
power e x c h a n g e s be tween 
electricity companies. 
Facilitate the development of 
and treating the n e c e s s a r y 
information for normal operation of 
the national power systems and 
interconnection tie lines. 
Assist in the tracking of the 
technical performance of the 
electricity companies. 
ARTICLE 3 
1. In a transitory phase, the financial 
support and the human resources 
for the setting up and the operation 
of the Energy Observatory will be 
provided by development partners 
and the electricity companies. 
2. Within this phase, the National 
Electricity Power Authority (NEPA) 
of N iger ia wil l nominate a 
coordinator for the Observatory. 
ARTICLE 4 
The Executive Secretariat will supervise 
the activities of the Energy Observatory. 
ARTICLES 
This decision shall be published by the 
Executive Secretariat in the Official 
Journal of the Community not later than 
thirty (30) days after it is signed by the 
Chairman of the Authority. It shall also be 
published by each Member State in its 
National Gazette within the same time 
frame. 
DONE AT D A K A R , THIS 31ST 
JANUARY 2003 
CHAIRMAN 
FOR THE AUTHORITY 
AUTHORITY OF HEADS OF STATE 
AND GOVERNMENT 
Dakar, 31 January 2003 
DECISION A/DEC.3/01/03 ADOPTING 
THE E C O W A S P R O T O C O L ON 
EDUCATION AND TRAINING 
THE AUTHORITY OF HEADS OF STATE 
AND GOVERNMENT, 
MINDFUL of Articles 7, 8, and 9 of the 
Treaty establishing the Authority of Heads 
of States and Government and defining its 
composition and functions. 
MINDFUL of the provisions of Articles 60¬
66 of the E C O W A S Treaty identifying 
areas of cooperation with regards to 
human resources, information, social and 
cultural affairs, and chapter XII relating to 
cooperation in other areas. 
CONSIDERING that the full development 
of human resources, promotion of 
education and training are pre-requisites 
for the resolution of the social-economic 
problems in our sub-region and are an 
indispensable part of the mechanism for 
the realization of the objectives of 
ECOWAS. 
AWARE of the acute basic needs of our 
peoples and their legitimate yearning for 
material and moral well-being. 
CONVINCED that for countries with 
l imited resou rces such as ours, 
investment in education and training 
undertaken collectively can contribute to 
poverty eradication and economic and 
social development. 
CONVINCED also that any development 
policy that does not give pride of place to 
education and training is bound \o fail. 
DESIROUS of adopting an instrument 
that will facilitate and coordinate efforts by 
Member States to formulate and 
implement comparable educational and 
training policies, strategies and systems 
appropriate to the needs of our citizens. 
88 
ON THE RECOMMENDATION of the 
Forty-Ninth Session of the Council of 
Ministers held at Dakar from 26 to 28 
January 2003. 
DECIDES 
Article 1 
There is hereby adopted for the 
Community a Protocol on Education and 
Training which is attached as an annex to 
this decision. 
Article 2 
Member states shall expedite action for 
the early ratification and entry into force of 
this protocol 
Article 3 
This Decision shall be published by the 
Executive Secretariat in the Official 
Journal of the Community within thirty 
(30) days of its signature by the Chairman 
of the Authority. It shall also be published 
by each Member State in its National 
Gazette within the same time frame. 
DONE AR DAKAR, THIS 31 ST DAY OF 
JANUARY 2003 
TWENTY-SIXTH SESSION OF THE 
AUTHORITY OF HEADS OF STATE 
AND GOVERNMENT 
Dakar, 31 January 2003 
DECISION A/DEC.4/01/03 RELATING 
TO THE ADOPTION OF A GENERAL 
CONVENTION ON RECOGNITION AND 
E Q U I V A L E N C E OF D E G R E E S , 
DIPLOMAS, CERTIFICATES AND 
OTHER QUALIFICATIONS IN ECOWAS 
MEMBER STATES. 
THE AUTHORITY OF HEADS OF STATE 
AND GOVERNMENT, 
MINDFUL of Articles 7, 8, and 9 of the 
E C O W A S Treaty estab l ish ing the 
Authority of Heads of State and 
Government and defining its composition, 
functions. 
MINDFUL of Article 60 of the Treaty of the 
Economic Community of West African 
States on human resources. 
MINDFUL of Protocol A/P1/7/87 on the 
cultural framework agreement for the 
Economic Community of West African 
States (ECOWAS). 
MINDFUL of the Protocol of free 
movement of persons, right of residence 
and establishment. 
U 3 D O U L A Y E W A D E 
CHAIRMAN 
FOR THE AUTHORITY 
CONVINCED that harmonization of 
educational and training policies is a key 
factor in the promotion of cultural and 
scientific exchanges with the framework 
of sub-regional cooperation. 
CONVICED that recognition of degrees 
and of their equivalence is a prerequisite 
for increased mobility of students, 
teachers and specialists and a means of 
accelerating development in the field of 
education and achieving sub-regional 
integration. 
DESIRING to promote sub-regional 
c o o p e r a t i o n with rega rd to the 
assessment and recognition of degrees, 
d i p l o m a s , cer t i f i ca tes and other 
qual i f icat ions, soc ia l and cultural 
integration embarked upon by E C O W A S . 
Ministers held in Dakar from 26th to 28th 
January2003. 
DECIDES 
Article 1 
There is hereby adopted for the 
Community a General Convention on 
Regional and Equivalence of degrees, 
d i p l o m a s , ce r t i f i ca tes and other 
qualifications in E C O W A S Member 
States which is attached as an annex to 
this decision. 
Article 2 
Member States shall expedite action for 
an early ratification and entry into force of 
this Decision 
Article 3 
This decision shall be published by the 
Executive Secretariat in the Official 
Journal of the Community not later than 
thirty (30) days after it is signed by the 
Chairman of the Authority. It shall also be 
published by each Member States in its 
National Gazette within the same time 
frame. 
DONE AT D A K A R , THIS 31ST 
JANUARY 2003. 
CHAIRMAN 
FOR THE AUTHORITY 
AND GOVERNMENT 
Dakar, 31st January 2003 
DECISION A/DEC.5/0/03 RELATING TO 
THE ADOPTION OF PLAN OF ACTION 
TO FACILITATE SUB-REGIONAL 
INTEGRATION OF EDUCATION 
O B J E C T I V E S P U R S U N T T O 
SUSTAINABLE DEVELOPMENT. 
AUTHORITY OF HEADS OF STATE 
AND GOVERNMENT. 
MINDFUL of Article 7, 8 and 9 of the 
E C O W A S Treaty establ ish ing the 
Authority of Heads of State and 
Government and defining its composition 
and functions. 
MINDFUL of the provision of Article 60-66 
of the E C O W A S Treaty identifying areas 
of cooperation with regard to human 
resources, information, social and cultural 
affairs, and Chapter XII relating to 
cooperation in other areas; 
CONSIDERING that the full development 
of human resources, promotion of 
education and training are pre-requisits 
for the resolution of the socio-economic 
problems in our sub-region and are an 
indispensable part of the mechanism of 
the realization of the objectives of 
E C O W A S . 
CONVINCE that the promotion of 
education and training, socio-economic 
and technological research are all crucial 
for sustainable development. 
MINDFUL of the need to promote quality 
education in our different countries. 
RECOGNISING the need to establish 
within E C O W A S a forum bringing 
together Ministers of Education, experts 
a n d d e v e l o p m e n t p a r t n e r s , for 
consultations, exchanges, and actions, 
with a view to promoting integration in the 
areas of education and training. 
CONVINCED also of the need to make 
N E P A D the f r a m e w o r k for he 
90 
harmonization of our education policies, 
in order to ensure greater integration of 
education and training into strategies for 
sustainable development. 
DESIRING to adopt a Plan of Action to 
guide implementation, coordination and 
overall integration of regional education 
and training strategies for sustainable 
development. 
ON THE RECOMMENDATION of the 
Forty-ninth Session of the Council of 
Ministers held in Dakar from 26 to 28 
January 2003. 
DECIDES 
ARTICLE 
There is hereby adopted for the 
Community a Plan of Action to facilitate 
sub-regional integration of educational 
objectives pursuant to sustainable 
development. 
ARTICLE 2 
The Plan of Action for sub-regional 
integration of our educational objectives 
is as follows: 
i. Senegal, the Gambia, Mali, and 
BREDA shall be responsible for 
harmonizing and integration DEA 
and EFA 2000 objectives into 
NEPAD objectives. 
ii. Cote d'lvoire and Senegal, in 
collaboration with A D E A , the 
World Bank, and the Educational 
research Network for West and 
Central Africa (ROCARE), will be 
in charge of the regional project on 
HIV/AIDS. 
iii. Brkina Faso, Benin and The 
Gambia,inn con junc t i on with 
UNICEF, FAWE, and R O C A R E , 
will be in charge of education for 
girls. 
iv. Nigeria, in collaboration with 
U N E S C O , BREDA and India, will 
take charge of the project on 
teacher training through open and 
distance learning. 
v. Mali and The Gambia, working 
with the World Bank, U N E S C O , 
and Wor l d S p a c e , wi l l be 
responsible for the project on 
science and technology education. 
vi. Ghana, in collaboration with ILO 
JICA, U N E S C O , the World Bank, 
and India, will be in charge of the 
project on vocational training. 
ARTICLE 3 
The New Partnership for Af r ican 
Development (NEPAD) is the framework 
for the harmonization of our education 
policies. 
ARTICLE 4 
All new strategies relating to actions to be 
taken in the filed of education both at 
nat ional and regional levels will 
henceforth give the highest priority to the 
following areas of action defined under 
NEPAD as follows: 
i. Good governance, human rights, 
and democracy; 
ii. Agriculture; 
iii. Health; 
iv. Environment; 
v. Science and technology; 
vi. National languages; 
vii. N e w i n f o r m a t i o n a n d 
communications technology. 
ARTICLES 
All Member States and technical and 
financial partners, under the coordination 
of the Executive Secretariat of ECOWAS, 
shall finalise and implement within the 
shortest possible time, actions and 
undertakings proposed under this 
Decision. 
ARTICLE 6 
The Executive Secretariat in collaboration 
with U N E S C O and BREDAshal l establish 
a Task Force to coordinate and monitor 
the implementation of the programme as 
highlighted underthis Decision. 
This Decision shall be published by the 
Executive Secretariat in the Official 
Journal of the Community within thirty 
(30) days of its signature by the Chairman 
of the Authority. It shall also be published 
by each Member State in its National 
Gazette within the same time frame. 
DONE AT DAKAR, THIS 31 ST DAY OF 
JANUARY 2003 
CHAIRMAN 
FOR THE AUTHORITY 
A U I H U K I I Y Uf M t A U D U f S I A I t 
AND GOVERNMENT 
Dakar, 31st January 2003 
DECISION A/DEC.6/01/03 RELATING 
TO THE ADOPTION OF PLAN OF 
ACTION FOR THE ENHANCEMENT 
AND REACTIVATION OF CULTURAL 
COOPERATION AMONG MEMBER 
SATES, WITHIN THE FRAMEWORK OF 
NEPAD. 
AUTHORITY OF HEADS OF STATE 
AND GOVERNMENT. 
MINDFUL of Articles 7,8 and 9 of the 
Treaty establishing the Authority of Heads 
of State and Government, defining its 
composition and functions. 
MINDFUL of the Declaration of the 
Conference of Ministers of Culture from 
Member States, of 11 May, 2002; 
RECOGNISING that culture is an 
e s s e n t i a l d i m e n s i o n of g e n e r a l 
development. 
CONSCIOUS of the benefits that culture 
can bring to Member States. 
DESIROUS to attain this goal in concert, 
and through plans of action or a dynamic 
and successful cultural cooperation within 
the framework of NEPAD. 
ON THE RECOMMENDATION of the 
forty-ninth session of the Council of 
Ministers which took place in Dakar from 
26 to 28 January, 2003. 
DECIDES 
ARTICLE 1 
The plan of action for the reactivation and 
enhancement of cultural cooperation 
among Member States within the 
framework of NEPAD, attached herewith, 
is adopted. 
ARTICLE 2 
Member States and the Executive 
92 
Secretariat shall take the necessary 
measures to ensure that the plan of action 
is i m p l e m e n t e d p r o p e r l y a n d 
expeditiously. 
ARTICLE 3 
This Decision shall be published in the 
Official Journal of the Community by the 
Executive Secretariat within thirty (30) 
days of its signature by the Chairman of 
the Authority. It shall also be published in 
the National Gazette by each Member 
State within the same time frame. 
TWENTY-SIXTH SESSION OF THE 
AUTHORITY OF HEADS OF STATE 
AND GOVERNMENT 
Dakar, 31st January 2003 
DECISION A/DEC.7/01/03 RELATING 
TO THE ADOPTION OF THE AFRICAN 
PUBLIC SERVICE CHARTER BY 
MEMBER STATES OF ECOWAS. 
AUTHORITY OF HEADS OF STATE 
AND GOVERNMENT. 
DONE AT DAKA, THIS 31 ST DAY OF 
JANUARY 2003 
MINDFUL of Article 7,, 8,9 of the 
E C O W A S Treaty establishing of Head of 
State and Government and defining its 
composition and functions. 
U 3 D O U L A Y E W A D E 
CHAIRMAN 
FOR THE AUTHORITY 
MINDFUL of the provisions of article 5 of 
the E C O W A S Treaty calling on Member 
States to take all necessary measures to 
harmonise their strategies and polices 
and thus create favourable conditions for 
the attainment of the objectives of the 
Community. 
RECOGNISING the importance of the 
public Service sector as the tool for the 
implementation of Government Policies; 
AWARE of the adoption of the African 
Public service sector as the tool for the 
implementation of Government Policies. 
CONSIDERING that the public services 
must be able to discharge their functions 
effectively, protect the public interest and 
protect human and sustainable economic 
and social development. 
AWARE that the implementation of the 
provisions of the Charter would promote 
probity and efficiency in the performance 
of the public service in our Member 
States. 
DESIRING to enhance professionalism 
and ethics in the public Services of 
Member States; 
r u m l INN in i o c d o i u i i ui u i c v / u u n u i ui 
Ministers held in Dakar 25th January 
2003. 
DECIDED 
ARTICLE 1 
Member States should undertake, within 
their states, sanitation and enlightenment 
programmes about the African Public 
Service Charter adopted at the third 
biennial Pan African conference of 
Ministers of the Civil Service in Windhoek, 
Namibia on 5th February 2001. 
ARTICLE 2 
The Executive Secretariat should work in 
concep t with other s u b - r e g i o n a l 
organizations to ensure the adoption of 
the Charter by the Heads o State of the 
African Union at their next summit in 
2003. 
ARTICLE 3 
This decision shall be published by the 
Executive Secretariat in the Official 
Journal of the Community not later than 
thirty (30) days after it is signed by the 
Chairman of the Authority. It shall also be 
published by each Member State in its 
National Gazettee within the same time 
frame. 
DONE AT DAKAR, THIS 31 ST DAY OF 
JANUARY 2003 
TWENTY-SIXTH SESSION OF THE 
AUTHORITY OF HEADS OF STATE 
AND GOVERNMENT 
Dakar, 31st January 2003 
CHAIRMAN 
FOR THE AUTHORITY 
NEGOTIATIONS BETWEEN WEST 
AFRICA AND THE EUROPEAN UNION 
ON E C O N O M I C P A R T N E R S H I P 
AGREEMENTS (EPAS). 
AUTHORITY OF HEADS OF STATE 
AND GOVERNMENT. 
MINDFUL of Article 7, 8 and 9 of the 
E C O W A S Treaty establ ish ing the 
Authority of Heads of State and 
Government and defining its composition 
and functions. 
MINDFUL of Decision A/DEC.8/12/99 on 
the enhancement of partnership between 
West Africa and the European Union and 
designing E C O W A S as the institutional 
framework for coordinating relations 
between the two Organisations. 
MINDFUL of Decision A /DEC. 11/12/01 
on negotiations between West African 
members of the A C P Group and the 
European Union on economic partnership 
agreements. 
RECALLING the Cotonou Agreement 
signed on 23 June 2000 setting out 
provisions governing the partnership 
between the European Union and the 
A C P Group. 
CONSCIOUS of the need to clearly define 
the region's priorities, prepare its 
negotiating positions and identify the 
accompanying measures that would 
enable West Africa derive maximum 
benefit from the economic partnership 
agreements. 
ON THE RECOMMENDATION of the 
meeting of E C O W A S Ministers of Trade 
and Finance held in Cotonou on 11 
September 2002. 
DECIDES 
ARTICLE 1 
The negotiating structure, priority areas of 
action, terms of the negotiating mandate 
and the plan of action endorsed by the 
94 
E C O W A S Ministers of Trade and Finance 
for negotiations between West Africa and 
the European Union of economic 
partnership agreements are hereby 
adopted. 
ARTICLE 2 
The regional negotiating structure shall 
be made up of the following organs: 
E C O W A S Council of Ministers 
which shall issue p o l i t i c a l 
g u i d e l i n e s a n d a d o p t the 
negotiating mandate; 
Ministerial Monitoring Committee 
which sha l l i ssue techn ica l 
gu idel ines and monitor and 
evaluate the negotiations 
G r o u p s o f E C O W A S 
Ambassadors in Brussels; 
Group of E C O W A S Permanent 
Representative in Geneva; 
Regional Negotiating Committee 
which shall provide technical 
ass is tance on issues to be 
negotiated during the "All A C P " 
p h a s e a n d c o n d u c t t h e 
negotiations during the second 
phase on behalf of the region; 
Technical Support Committee to 
the R e g i o n a l N e g o t i a t i n g 
Commit tee which compr ises 
representatives of each Member 
State from the public service, 
private sector and civil society. 
ARTICLE 3 
1. The Composition of the Ministerial 
Monitoring Committee shall be as 
follows: 
i. West African Ministers of Trade 
and Finance; 
ii. Ministers representing West Africa 
in the Bureau of the A C P Council; 
iii. The Ministers representing West 
Africa in the Ministerial Trade 
Committee (MTC); 
iv. E C O W A S Executive Secretary; 
v. P r e s i d e n t of t he U E M O A 
Commission; 
vi. C o o r d i n a t o r of E C O W A S 
Ambassadors in Brussels; 
vii. Representative of the E C O W A S 
Permanent Representatives in 
Geneva. 
2. The Minister of the country 
coo rd ina t i ng the G r o u p of 
E C O W A S A m b a s s a d o r s in 
Brussels shall be the spokesman 
for the Ministerial Monitoring 
Committee. 
ARTICLE 4 
The Group of E C O W A S Ambassadors in 
Brussels shall be made up of Heads of 
diplomatic missions of West African 
countries accredited to the European 
Community in Brussels. 
ARTICLE 5 
The Group of E C O W A S Permanent 
Representatives in Geneva shall be made 
up of Permanent Representatives of West 
African Countries in Geneva. 
ARTICLE 6 
The composi t ion of the Regional 
Negotiating Committee shall be as 
follows: 
i. E C O W A S Executive Secretariat; 
ii. UEMOACommission; 
iii. Coordinator of the Committee of 
Ambassadors; 
iv. 1 representative of the private 
sector; 
v. 1 representative of civil society 
organization; 
Vi. Representatives of the Technical 
Support Committee. 
ARTICLE 7 
1. The composition of the Technical 
95 
follows: 
ii. 3 representatives from each 
country (Ministers of Trade, 
Finance, and ForeignAffairs.). 
iii. 1 representatives of the private 
sector of each country 
iv. 1 representative of civil society 
organizations of each country. 
2. The two regional integration 
Organisations shall provide the 
secretariat for the Technical 
Support Committee. 
ARTICLE 8 
In preparing for the negotiations, West 
Africa shall be guided by the priority areas 
of action identified which take account of 
the A C P approach to the negotiations, the 
principles governing the negotiations, and 
the development f inancing needs 
identified. 
ARTICLE 9 
The terms of the negotiating mandate 
shall define the key issues that will guide 
West Africa in the negotiations on the 
economic partnership agreement and on 
the resources that will enable the region 
finance the necessary adjustments during 
the implementation of the agreement. 
ARTICLE 10 
To ensure effective implementation of the 
priority areas of action, the action plan 
shall focus on: 
i. t r ade n e g o t i a t i o n c a p a c i t y 
building; 
ii. Adop t ion of a par t ic ipatory 
approach; 
iii. Evaluation of the impact of EPAs 
and formulation of l e v e l i n g 
programmes; 
iv. The development paradigm in 
trade policies 
The Executive Secretariat shall take all 
necessary measures to ensure adequate 
preparations for the negotiations by 
closely monitoring the activities of the 
negotiating structure and ensuring 
effective implementation of the action 
plan, taking account of the priority areas 
of action and the terms of the negotiating 
mandate. 
ARTICLE 12 
This Decision shall be published in the 
official Journal of the Community by the 
executive Secretariat within thirty (30) 
days after signature by the Chairman of 
the Council. It shall also be published 
within the same time frame in the National 
Gazette of each member state. 
DONE AT DAKAR, THIS 31 ST DAY OF 
JANUARY 2003 
CHAIRMAN 
FOR THE AUTHORITY 
96 
TWENTY-SIXTH SESSION OF THE 
AUTHORITY OF HEADS OF STATE 
AND GOVERNMENT 
Dakar, 31st January 2003 
DECISION A/DEC.9/01/03 RELATING 
TO ECOWAS REPRESENTATION AT 
MEETINGS WITH THE EUROPEAN 
UNION WITHIN THE FRAMEWORK OF 
T H E P O L I T I C A L D I A L O Q U E 
B E T W E E N T H E T W O 
ORGANIZATIONS. 
AUTHORITY OF, HEADS OF STATE 
AND GOVERNMENT. 
MINDFUL of Articles 7, 8 and 9 of the 
E C O W A S Treaty establ ish ing the 
Authority of Heads of State and 
Government and defining its composition 
and function 
MINDFUL of Decision A/DEC.8/12/99 on 
the enhancement of partnership between 
West Africa and the European Union and 
designing E C O W A S as the institutional 
framework for coordinating relations 
between West Africa and the European 
Union. 
MINDFUL of Decision A /DEC. 11/12/01 
relating to the negotiations of a Regional 
Econom ic Par tnersh ip Ag reemen t 
between West African A C P States and the 
European Union. 
RECALLING the Cotonou Agreement 
signed on 23 June 2000 setting out 
provision governing the partnership 
between the European Union and the 
A C P Group. 
CONSCIOUS of the need to designate a 
body that will officially represent 
E C O W A S at meetings with the European 
Union within the framework of the political 
dialogue between the two Organisation. 
DESIROUS of ensur ing ba lanced 
dialogue with the European Union and 
determined to present a united front; 
ON THE RECOMMENDATION of the 
forty-ninth Session of the Council of 
Ministers held in Dakar from 26 to 28 
January 2003. 
DECIDES 
ARTICLE 1 
There is hereby es tab l i shed an 
"ECOWAS Structure" to represent the 
sub-region at meetings with the European 
Union within the framework of the political 
dialogue between the two institutions. 
ARTICLE 2 
The "Structure" shall represent E C O W A S 
at meetings at all levels: experts, 
Ambassadors, senior officials, Ministers, 
Parliamentarians, and current Chairman 
of the two organizations. 
ARTICLE 3 
Membership of the Structure" shall be as 
follows 
i. The country currently holding the 
post of Chairman; 
ii. The country that is immediate past 
Chairman 
iii. The Executive Secretariat (as 
permanent member). 
ARTICLE 4 
The E C O W A S Executive Secretariat, in 
collaboration with the General Secretariat 
of the European Union Council shall 
ensure balanced representation of the 
two parties at the meetings referred to 
above. 
ARTICLE 5 
This Decision shall be published by the 
Journal of the Community within thirty 
(30) days of its signature by the Chairman 
of the Authority. It shall also be published 
by each Member State in its National 
Gazette within the same time frame. 
DONE AT D A K A R , THIS 31 ST DAY OF 
J A N U A R Y 2003 
CHAIRMAN 
FOR THE AUTHORITY 
AUTHORITY OF H E A D S OF STATE 
A N D G O V E R N M E N T 
Dakar, 31 st January 2003 
DECISION A / D E C . 10/01/03 ON THE 
D E F E R M E N T OF THE ENTRY INTO 
E F F E C T O F T H E S U B S T A N T I V E 
R E G I M E O F T H E E C O W A S 
COMMUNITY LEVY. 
AUTHORITY OF H E A D S OF STATE 
A N D G O V E RNM E NT. 
MINDFUL of Article 7, 8 and 9 of the 
E C O W A S Treaty estab l ish ing the 
Authority of Heads of State and 
Government and defining its composition 
and functions. 
MINDFUL of Article 72 of the E C O W A S 
Treaty introducing a Community Levy to 
generate revenue for financing the 
activities of the Community. 
MINDFUL of Protocol A/1/7/96 on the 
conditions governing application of the 
Communi ty Levy adopted by the 
Community on 27th July 1996, and which 
entered into force on 14th March 2000. 
R E C A L L I N G Article 19 of the above 
stated Protocol which provides for a 
transitional period of 3 years dating from 
the entry into force of the Protocol which 
should precede a substantive entry into 
effect of the regime of the levy. 
NOTING that the substantive regime for 
the implementation of the provisions on 
the Community Levy commences from 
1st January 2003. 
HAVING noted the improvement in 
Member States' compliance with the 
conditions laid down for the application of 
this levy; 
WISHING to devise, for the Community, a 
strategy that will ensure a smooth 
passage to the substantive regime; 
DESIRING to extend the transition period 
for a limited time for this purpose. 
98 
ON THE RECOMMENDATION of the 
Forty ninth Session of the Council of 
Ministers held in Dakar, from 26th to 28th 
January 2003. 
DECIDES 
ARTICLE 1 
The entry into effect of the substantive 
regime of the Community Levy as defined 
by the Protocol of the Community Levy is 
hereby deferred until 1st July 2003. 
ARTICLE 2 
Member State shall take all possible 
measures to ensure the fulfillment, within 
the above stated period, of all conditions 
necessary for the commencement of the 
substantive regime of the Community 
Levy. 
ARTICLE 3 
This Decision shall be published by the 
executive Secretariat in the Official 
Journal of the Community within thirty 
(30) days of its signature by the Chairman 
of the Authority. It shall also be published 
by each Member State in its National 
Gazette within the same time frame. 
DONE AT DAKAR, THIS 31 ST DAY OF 
JANUARY 2003. 
CHAIRMAN 
FOR THE AUTHORITY 
TWENTY-SIXTH SESSION OF THE 
AUTHORITY OF HEADS OF STATE 
AND GOVERNMENT 
Dakar, 31st January 2003 
DECISION A/DEC.11/01/03 RELATING 
TO T H E P A Y M E N T OF D U T Y 
A L L O W A N C E TO T H E V I C E 
PRESIDENT OF THE COMMUNITY 
COURT OF JUSTICE. 
THE AUTHORITY OF HEADS OF STATE 
AND GOVERNMENT. 
MINDFUL of Article 7, 8, 9 of the Treaty 
establishing the Authority of Heads of 
State and Government and defining its 
composition and functions. 
MINDFUL of Article 15 of the Treaty 
establishing the Community Court of 
J u s t i c e as an Institution of the 
Community. 
MINDFUL of Protocol A/P1/7/91 on the 
Community Court, in particular its Article 
28 relat ing to the remunerat ion, 
allowances and other benefits of the 
president and other members of Court; 
MINDFUL of Decision A/DEC.1/12/00 
appointing the seven (7) judges of the 
Court who took their oath of office before 
the Chairman of the Authority in Bamako 
on 30 January, 2001. 
RECOGNISING the duty of the 
Community Court with regard to the 
dispensation of justice and protection of 
the rights and interests of Community 
citizens and institutions with a view to 
advancing the economic, political and 
social integration of the peoples of West 
Africa. 
MINDFUL of Decision A/DEC.3/12/01 
granting the status of statutory appointee 
to the judges of the court. 
MINDFUL of Decision A/DEC.20/12/01 
relating to the Annual Salaries of the 
Judges of the Community Court of Justice 
99 
F~ I COIVJd 11 U I I I 1^ V - / W U I l v J I I U I I k f o l ^ u i v i V.WI.J 
allowance in addition to his salary. 
DESIRING to pay the Vice-President of 
the Court an allowance is commensurate 
to the status of the Vice-President of an 
International Court; 
ON THE RECOMMENDATION of the 
Forty-ninth Session of the Council of 
Ministers held in Dakar from 26th to 28th 
January 2003 
DECIDES 
ARTICLE 1 
The allowance of the Vice-President of 
the Community Court of Justice is fixed as 
follows: 
Vice-president of the court: UA1, 
465 per annum 
ARTICLE 2 
This Decision shall be published by the 
executive Secretariat in the Official 
Journal of the Community within thirty 
(30) days of its signature by the Chairman 
of the Authority. It shall also be published 
by each Member State in its National 
Gazette within the same time frame. 
DONE AT DAKAR, THIS 31 ST DAY OF 
JANUARY 2003. 
CHAIRMAN 
FOR THE AUTHORITY 
AND GOVERNMENT 
Dakar, 31st January 2003 
D E C I S I O N A / D E C . 1 2 / 0 1 / 0 3 
ESTABLISHING AN ECOWAS LIAISON 
OFFICE IN BRUSSELS. 
AUTHORITY OF HEADS OF STATE 
AND GOVERNMENT. 
MINDFUL of Article 7, 8, 9 of the Treaty 
establishing the Authority of Heads of 
State and Government and defining its 
composition and functions. 
MINDFUL of Decision A/DEC.8/12/99 on 
partnership between West Africa and the 
European Union and designat ing 
E C O W A S as the institutional framework 
for coordinating relations between West 
Africa and the European Union. 
MINDFUL of Decision A/DEC.11/12/01 
on negotiations between West African 
members of the A C P Group and the 
European Union on economic partnership 
agreements. 
RECALLING the Cotonou Agreement 
signed on 23 June 2000 setting out 
provisions governing the partnership 
between the European Union and the 
A C P Group. 
RECALLING ALSO the recommendation 
relating to the establishment of E C O W A S 
liaison offices in Brussels and Geneva 
issued by the meeting of E C O W A S 
Ministers of Trade on post-Seattle matters 
held in Bamako on 29 January 2000 in the 
margins of the E C O W A S / U E M O A 
ministerial meeting on the acceleration of 
the integration process in WestAfrica. 
MINDFUL of the relations between the 
regional organizations and institutions 
invo lved in A C P - E U coopera t ion 
(European Commission, Committee of 
Ambassadors, A C P Secretariat, Centre 
for Deve lopmen t of En te rp r i ses , 
Technical Agricultural Centre) which are 
now more direct and stronger. 
100 
CONSIDERING that the A C P - E U 
negotiation on economic partnership 
agreements began in Brussels on 27 
September 2002 and will last until 
September 2007. 
C O N S I D E R I N G t ha t E C O W A S 
assistance is being solicited more and 
more frequently by representatives of 
Member States and the Group of 
Ambassadors in Brussels in their 
negotiations with the European Union; 
RECOGNISING the need to closely 
monitor the cooperat ion with the 
European Union and to prepare 
adequately for the negotiations on the 
economic partnership agreements. 
DESIROUS of putting West Africa in a 
position where it would derive maximum 
benefit from the economic partnership 
agreements and its partnership with 
parties toACP-EU cooperation. 
ON THE RECOMMENDATION of the 
Forty-ninth Session of the Council of 
Ministers held in Dakar from 26th to 28th 
January 2003. 
DECIDES 
ARTICLES 1 
An E C O W A S Liaison Office in Brussels is 
hereby created. 
ARTICLE 2 
The Liaison Office shall: 
a. Contribute to strengthen the 
partnership between West Africa 
and the European Union. 
b. Promote greater cooperat ion 
between the E C O W A S Executive 
Secretariat and the Committee of 
Ambassadors in Brussels on the 
one hand, and between the 
Ambassadors in Geneva, the 
European Commission and the 
A C P Secretariat, on the other. 
c. Assist the E C O W A S Executive 
Secretariat and Member States in 
their preparations for meetings in 
Brussels by communicating to 
them all the documents available 
in Brussels and Geneva. 
d. Assist the E C O W A S Executive 
Secretariat to successfully carry 
out its mission of conducting the 
negotiations with the European 
U n i o n on t h e e c o n o m i c 
partnership agreements. 
e. Keep abreast of developments 
and lobby officials in Brussels and 
Geneva. 
f. Liaise between the E C O W A S 
Executive Secretariat and the 
d e c i s i o n mak ing bod ies in 
Brussels and Geneva. 
g. Participate in all the negotiation 
s e s s i o n s , prov ide techn ica l 
assistance to the negotiating 
organs, and monitor the activities 
of the Ambassadors. 
ARTICLE 3 
The head of the Liaison Office shall be a 
Professional category staff, assisted by 
one officer. 
ARTICLE 4 
The E C O W A S Executive Secretariat shall 
take all necessary measures to create 
and ensure the smooth operations of the 
Liaison Office in Brussels. 
ARTICLES 
This Decision shall be published by the 
executive Secretariat in the Official 
Journal of the Community within thirty 
101 
of the Authority. It shall also be published 
by each Member State in its National 
Gazette within the same time frame. 
DONE AT DAKAR, THIS 31 ST DAY OF 
JANUARY 2003 
CHAIRMAN 
FOR THE AUTHORITY 
AUTHORITY OF HEADS OF STATE 
AND GOVERNMENT 
Dakar, 31st January 2003 
DECISION A/DEC.13/01/03 RELATING 
TO THE ESTABLISHMENT OF A 
REGIONAL ROAD TRANSPORT AND 
T R A N S I T F A C I L I T A T I O N 
PROGRAMME IN SUPPORT OF INTRA-
COMMUNITY TRADE AND CROSS-
BORDER MOVEMENTS 
AUTHORITY OF HEADS OF STATE 
AND GOVERNMENT. 
MINDFUL of Article 7, 8, 9 of the Treaty 
establishing the Authority of Heads of 
State and Government and defining its 
composition and functions; 
MINDFUL of Article 32 of the E C O W A S 
Treaty relating to cooperation in transport, 
community Transport and tourism. 
MINDFUL of our Decision A/DEC.20/5/80 
adopted on 29th May 1980, relating to the 
Community Transport Programme; 
CONSIDERING Decision C/DEC.8/12/88 
of the Council of Ministers on the second 
phase of E C O W A S road projects relating 
to the interconnection of roads for the 
opening up of the land-locked countries. 
CONSIDERING Protocol A/P2/5/82 on 
the Convention Regulating Inter-State 
Road Transportation between E C O W A S 
Member States. 
MINDFUL of Protocol A/P4/5/82 relating 
to the Convention on Inter-State road 
Transit of Good; 
MINDFUL of Resolution C/RES.4/5/90 on 
the redaction of the number of road check 
- points in E C O W A S Member States. 
MINDFUL of Resolution C/RES.5/5/90 on 
the maximum permissible axle load. 
A W A R E of the s u p p l e m e n t a r y 
Convention A/SP. 1/5/90 establishing a 
Community guarantee mechanism for 
inter-State Road Transit of Goods. 
102 
MINDFUL of the emergence of NEPAD 
and its objectives to reduce transport 
costs in order to encourage trade. 
DESIRING to put in place a programme 
that will facilitate and Support Intra-
C o m m u n i t y t r a d e c r o s s - b o r d e r 
movements; 
ON THE RECOMMENDATION of the 
Forty-ninth Session of the Council of 
Ministers held in Dakar from 26th to 28th 
January 2003; 
DECIDES 
ARTICLE 1 
Member States shall adopt a regional 
road transport and transit facilitation 
p r o g r a m m e in suppor t of in t ra-
Community trade and cross-boarder 
movements. 
ARTICLE 2 
Member States shall implement the 
following three components of the road 
facilitation programme on inter-State 
corridors; 
i. Establishment of joint border posts 
ii. Establishment of observatories to 
identify bad practices; 
iii. Awareness campaign of effective 
implementation of the Inter-State 
Road Transit of Goods Convention 
(ISRT). 
ARTICLE 3 
1. T h e T r a n s c o a s t a l 
Lagos/Nouakchott and the Trans-
sahelian Dakar/Ndjmena corridors 
are hereby selected for the 
implementat ion of the road 
transport and inter-state road 
transit facilitation programme. 
2. The Transport Commission may 
identi fy other cor r idors for 
inclusion in the programme among 
the interconnecting roads as the 
need arises. 
3. The inclusion of any corridor in the 
road facilitation programme should 
be b a s e d on the leve l of 
implementation of the Community 
Decisions by affected Member 
States. 
4. Priority should be given to 
corridors where Member States 
have sufficient proof of compliance 
to the Decisions of free movement 
of goods and persons. 
ARTICLE 4 
Member states shall undertake within 
twelve (12) months or less, the following 
measures at national level, in support of 
the action plan: 
i. Identify sites for the construction of 
joint border-posts. The Ministries 
responsible for Transport and 
Highways of neighboring countries 
shall institute joint inter-ministerial 
committees to identify sites for the 
construction of joint border posts. 
ii. Make the national monitoring 
committee functional through 
Government acts or laws. 
iii. Submitfor publication, a document 
on the official checkpoints on inter­
state road. 
iv. Enac t statutory inst ruments 
establishing National Nureaux of 
the Brown Card for the bureaux to 
have legal backing. 
V. Designate national guarantors 
who should sign inter-bureau 
Agreements. 
vi. Issue d i rect ives to national 
guarantors and the Ministry 
respons ib le for transport to 
organize awareness campaigns to 
sensitise economic operators as 
well as law enforcement agents. 
vii. Establish road Safety Units and 
adopt measures, such as the 
provision of funds for awareness 
c a m p a i g n s , to make them 
functional. 
viii. Continue road safety and accident 
prevent ion programmes and 
introduce same into schoo l 
curricula; and 
103 
persons. 
ARTICLES 
To enhance the implementation of the 
Action Plan: 
Member States: 
i. Should specify in the Action Plan 
the agencies that should be 
responsible for carrying out the 
p r o p o s e d S e n s i t i z a t i o n 
programmes. 
ii. Shou ld be invo lved in the 
sensitization programmes through 
electronic/print media, workshops, 
seminars, publication of brochures 
and handouts with a view to 
informing stakeholders on transit 
operations. 
The Executive Secretariat shall 
i. put in p l a c e a f o l l o w - u p 
mechanism for the implementation 
of theAction Plan. 
ii. In collaboration with the Member 
States, organize meetings for the 
Implementation Agencies such as 
the police, the Gandarmerie, 
Customs and Immigration Officers 
so that they could be familiar with 
the d e c i s i o n s of the H igh 
Committee on Land Transport and 
enable them implement those 
decis ions effectively in their 
respective countries. 
iii. Provide quarterly publications on 
the level of implementation of the 
recommendations and decision of 
the Higher Committee on Land 
Transport. 
iv. Ensure the participation of law 
enforcement agents at meetings of 
the High Committee on Land 
Transport. In addit ion, the 
E x e c u t i v e Sec re ta r i a t sha l l 
o c c a s i o n a l l y a s s e m b l e law 
enforcement agents with Directors 
v. Write to remind Member States 
from time to time to indicate the 
leve l of imp lementa t ion of 
decisions on facilitation of road 
transport. The list of countries that 
do not comply with these decisions 
should be published regularly. 
ARTICLE 6 
THE ECOWAS Executive Secretariat 
shall Also: 
I. Monitors the implementation of the 
Action Plan on the regional road 
transport facilitation programme; 
ii. Request multinational grants from 
development partners for the 
execution of the components of the 
Action Plan on identified and 
selected road transport and transit 
corridors; 
iii. Ensure that the participation at the 
mee t i ng of the T ranspo r t , 
Communica t ion and Tourism 
Commission be at Ministerial level 
so as to e n s u r e e f fec t i ve 
implementation of decisions. 
ARTICLE 7 
This Decision shall be published by the 
executive Secretariat in the Official 
Journal of the Community within thirty 
(30) days of its signature by the Chairman 
of the Authority. It shall also be published 
by each Member State in its National 
Gazette within the same time frame. 
DONE AT DAKAR, THIS 31 ST DAY OF 
JANUARY 2003 
FOR THE AUTHORITY 
104 
TWENTY-SIXTH SESSION OF THE 
AUTHORITY OF HEADS OF STATE 
AND GOVERNMENT 
Dakar, 31st January 2003 
DECISION A/DEC.14/01/03 RELATING 
TO THE PLAN OF ACTION FOR THE 
HARM ON IS ATI ON OF NATIONAL 
ACCOUNTS IN MEMBER STATES. 
AUTHORITY OF HEADS OF STATE 
AND GOVERNMENT. 
MINDFUL of Article 7, 8, 9 of the Treaty 
establishing the Authority of Heads of 
State and Government and defining its 
composition and functions. 
MINDFUL of Articles 3, 4,5,51 and 55 of 
the Treaty relating to the establishment of 
the Community Economic and Monetary 
Union; 
MINDFUL of the Decision A/DEC.2/7/87 
of the Authority of Heads of State and 
Government relating to the adoption of an 
E C O W A S Mone ta ry C o o p e r a t i o n 
Programme, for the establishment of a 
Single Monetary Zone within E C O W A S . 
MINDFUL of the Decision A/DEC.7/12/99 
of the Authority of Heads of State and 
Government relating to the adoption of 
Macroeconomic convergence criteria 
within the framework of the E C O W A S 
Monetary Cooperation Programme. 
M I N D F U L o f t h e D e c i s i o n 
A /DEC. 17/12/01 of the Authority of Heads 
of State and Government relating to the 
e s t a b l i s h m e n t of a mu l t i l a t e ra l 
surveillance mechanism of E C O W A S 
Member States' economic and financial 
policies. 
MINDFUL of the Decision A /DEC. 11/7/96 
of the Authority of Heads of State and 
Government relating to the adoption of an 
E C O W A S Statistics Policy. 
MINDFUL of the need for comparable 
economic data to guarantee the credibility 
of the E C O W A S multilateral surveillance 
mechanism. 
ON THE RECOMMENDATION of the 
Forty-ninth Session of the Council of 
Ministers held in Dakar from 26th to 28th 
January, 2003; 
DECIDES 
ARTICLE 1 
The regional plan of action for the 
harmonization of national accounts in 
E C O W A S Member States attached to this 
Regulation is hereby by adopted. 
ARTICLE 2 
The Executive Secretariat shall take 
appropriate measures to implement this 
plan of action. 
ARTICLE 3 
This Decision shall be published by the 
executive Secretariat in the Official 
Journal of the Community within thirty 
(30) days of its signature by the Chairman 
of the Authority. It shall also be published 
by each Member State in its National 
Gazette within the same time frame. 
DONE AT DAKAR, THIS 31 ST DAY OF 
JANUARY 2003. 
CHAIRMAN 
FORTHE AUTHORITY 
AUTHORITY OF HEADS OF STATE 
AND GOVERNMENT 
Dakar, 31st January 2003 
DECISION A/DEC.15/01/03 ON PLAN 
OF ACTION FOR THE HAMONISATION 
OF CONSUMER PRICE INDICES IN 
MEMBER STATES. 
AUTHORITY OF HEADS OF STATE 
AND GOVERNMENT. 
MINDFUL of Article 7, 8, 9 of the Treaty 
establishing the Authority of Heads of 
State and Government and defining its 
composition and functions. 
MINDFUL of Articles 3, 4,5,51 and 55 of 
the Treaty relating to the establishment of 
the Community Economic and Monetary 
Union 
MINDFUL of the Decision A/DEC.2/7/87 
of the Authority of Heads of State and 
Government relating to the adoption of an 
E C O W A S Mone ta ry C o o p e r a t i o n 
Programme, for the establishment of a 
Single Monetary Zone within E C O W A S . 
MINDFUL of the Decision A/DEC.7/12/99 
of the Authority of Heads of State and 
Government relating to the adoption of 
Macroeconomic convergence criteria 
within the framework of the E C O W A S 
Monetary Cooperation Programme. 
M I N D F U L o f t h e D e c i s i o n 
A/DEC.17/12/01 of the Authority of Heads 
of State and Government relating to the 
e s t a b l i s h m e n t of a mu l t i l a t e ra l 
surveillance mechanism of E C O W A S 
Member States' economic and financial 
policies. 
MINDFUL of the Decision A/DEC.11/7/96 
of the Authority of Heads of State and 
Government relating to the adoption of an 
E C O W A S Statistics Policy. 
MINDFUL of the need for comparable 
economic data to guarantee the credibility 
of the E C O W A S multilateral surveillance 
mechanism. 
ON THE RECOMMENDATION of the 
Ministers held in Dakar from Zbtn to zotn 
January, 2003. 
DECIDES 
ARTICLE 1 
The regional plan of action for the 
harmonization of national accounts in 
ECOWAS Member States attached to this 
Regulation is hereby adopted. 
ARTICLE 2 
The Executive Secretariat shall take 
appropriate measures to implement this 
plan of action. 
ARTICLE 3 
This Decision shall be published by the 
executive Secretariat in the Official 
Journal of the Community within thirty 
(30) days of its signature by the Chairman 
of the Authority. It shall also be published 
by each Member State in its National 
Gazette within the same time frame. 
DONE AT DAKAR, THIS 31 ST DAY OF 
JANUARY 2003 
CHAIRMAN 
FORTHE AUTHORITY 
106 
TWENTY-SIXTH SESSION OF THE 
AUTHORITY OF HEADS OF STATE 
AND GOVERNMENT 
Dakar, 31st January 2003 
DECISION A/DEC.16/01/03 RELATING 
TO THE TRANSFORMATION OF THE 
W E S T A F R I C A N W O M E N 
ASSOCIATION (WAWA) INTO THE 
ECOWAS GENDER DEVELOPMENT 
CENTRE. 
AUTHORITY OF HEADS OF STATE 
AND GOVERNMENT. 
MINDFUL of Article 7, 8, 9 of the 
E C O W A S Treaty estab l ish ing the 
Authority of Heads of State and 
Government and defining its composition 
and functions. 
CONSIDERING R e c o m m e n d a t i o n 
A.Rec/1/5/83 of the Authority on the 
mobilization of the various social classes 
in the integration process. 
MINDFUL of Decision A/DEC.4/7/87 on 
the Approval of the Status of the West 
African Women Association (WAWA); 
MINDFUL of Decision A/DEC.3/7/87 on 
the granting of the status of specialized 
Institution of E C O W A S to WAWA; 
CONSCIOUS of the need to involve our 
people in the building of the Community 
and the need to promote the integration 
and participation of women in the 
economic and soc ia l development 
endeavours. 
RECALLING Article 4 (b) of the status of 
WAWA which assigns to WAWA the task 
of mobilizing and involving women in the 
sub-region in the Community building 
process; 
DESIRING therefore to reinforce the 
capacity of WAWA as a specialized 
Technical Institution of the Community to 
contribute to the development of Gender-
related issues within our sub-region; 
ON THE RECOMMENDATION of the 
Forty-Ninth Session of the Council of 
Ministers held from 26-28 January, 2003. 
DECIDES 
ARTICLE 1 
The West African Women Association 
shall henceforth be referred to as the 
E C O W A S Gender Development Centre; 
ARTICLE 2 
The Centre shall be charged with the 
initiation, facilitation, coordination and 
monitoring of strategies and programmes 
designed to incorporate gender issues 
into integration programmes; 
ARTICLE 3 
The Statutes of the Association shall be 
reviewed to take account of its new 
responsibility. 
ARTICLE 4 
This Decision shall be published in the 
official Journal of the Community by the 
Executive Secretariat within thirty (3) 
days after signature by the Chairman of 
the Council. It shall also be published 
within the same time frame in the National 
Gazette of each Member State. 
DONE AT DAKAR, THIS 31 ST DAY OF 
JANUARY, 2003 
CHAIRMAN 
FOR THE AUTHORITY 
107 
AUTHORITY OF HEADS OF S1AI t 
AND GOVERNMENT 
Dakar, 31st January 2003 
DECISION A/DEC.17/01/03 RELATING 
TO THE ADOPTION OF AN ECOWAS 
PROTOCOL ON ENERGY 
AUTHORITY OF HEADS OF STATE 
AND GOVERNMENT. 
MINDFUL of Article 7, 8, 9 of the 
E C O W A S Treaty estab l ish ing the 
Authority of Heads of State and 
Government and defining its composition 
and functions. 
MINDFUL of Article 3,26,28 and 55 of the 
E C O W A S Treaty which call for the 
promotion, cooperation, integration and 
development of energy projects and 
sectors of Member States of the 
Community; 
MINDFUL of Decision A/DEC.3/5/82 of 29 
May, 1982 relating to the E C O W A S 
Energy Policy. 
RECOGNIZING the need to jointly 
develop the energy resources of Member 
States in order to provide a much needed 
infrastructure and this create a solid basis 
for industrialization. 
RECALLING Decision A/Dec.5/12/99 
relating to the establishment of the West 
Africa Power Pol (wAP) and decision 
A / D E C / 8 / 1 2 / 0 1 r e l a t i n g to the 
establishment of a mechanism for 
financing the WAPP. 
WISHING to secure regionally efficient 
and reliable sources of electricity and 
other forms of energy. 
RECOGNIZING the basic concept of the 
Energy Charter adopted in 1994 by 51 
nations in Europe and Asia, which in the 
E C O W A S context would help promote 
economic growth by means of measures 
to liberalize energy investment and trade 
in energy. 
r • — C J • - , 
technical administrative and other 
barriers to trade in electricity, gas, and 
other energy re lated equ ipment , 
technologies and services. 
DESIROUS of adopting an instrument 
that will embody necessary concepts 
which will further cooperation among 
Member States and promote the West 
African regional environment as an 
attractive place for investment, especially 
in the energy sector. 
ON THE RECOMMENDATION of the 
forty-eight Session of the Council of 
Ministers held in Dakar from 26th to 28th 
January 2003. 
DECIDES 
ARTICLE 1 
There is hereby adopted for the 
Community an E C O W A S Protocol on 
Energy. 
ARTICLE 2 
Member States shall adopt all possible 
measures for the early ratification of this 
Protocol. 
ARTICLE 3 
This Decision shall be published by the 
executive Secretariat in the Official 
Journal of the Community within thirty 
(30) days of its signature by the Chairman 
of the Authority. It shall also be published 
by each Member State in its National 
Gazette within the same time frame. 
DONE AT DAKAR, THIS 31 ST DAY OF 
JANUARY 2003 
FOR THE AUTHORITY 
108 
TWENTY-SIXTH SESSION OF THE 
AUTHORITY OF HEADS OF STATE 
AND GOVERNMENT 
Dakar, 31st January 2003 
DECISION A/DEC.18/01/03 ON THE 
POSTPONEMENT OF THE DATE FOR 
THE CREATION OF THE ECOWAS 
SINGLE MONETARYZONE. 
AUTHORITY OF HEADS OF STATE 
AND GOVERNMENT. 
MINDFUL of Article 7, 8, 9 of the Treaty 
establishing the Authority of Heads of 
State and Government and defining its 
composition and functions. 
MINDFUL of its Decision A/DEC.2/7/87 
on the adoption of an E C O W A S monetary 
cooperation programme which envisages 
the creation of a single monetary zone 
within E C O W A S . 
MINDFUL of its Decision A/DEC.7/12/99 
relating to the adoption of macro-
economic convergence criteria within the 
framework of the E C O W A S monetary 
cooperation programe. 
M I N D F U L o f D e c i s i o n 
HS/ZMAO/DEC.1/12/2000 of the Second 
Summi t of H e a d s of S ta te and 
Government of the Second Monetary 
Zone (WAMZ) adopting the legal texts for 
the establishment of the WAMZ and its 
institutions. 
RECALLING the importance that the 
Member States of the Community attach 
to the realization and enhancement of the 
economic integration process in general 
and monetary integration in particular. 
C O N S I D E R I N G t he d i f f i c u l t i e s 
encountered by Member States in 
attaining macro-economic convergence 
on the date initially schedule, which is a 
necessary condition for the creation of a 
credible monetary union. 
AWARE that the creation of the E C O W A S 
single monetary zone in 2004 is not 
feasible. 
TAKING into account the decision of the 
Fourth summit of the Head of State and 
Government of the Second Monetary 
Zone (WAMZ) held at Conakry on 6 
November 2002 which deferred the date 
for the creation of the second monetary 
zone to July 2005. 
DESIROUS of formulating a sounder 
E C O W A S m o n e t a r y c o o p e r a t i o n 
programme to allow Member States 
sufficient t ime for adjusting their 
economies. 
DECIDES 
Article 1 
The date for the creation of the single 
E C O W A S monetary zone is extended 
beyond the initially scheduled date of 
2004. 
Article 2 
The firm choice of a date will be at the 
meeting of the Authority in 2005, after a 
detailed appraisal of the performance of 
the second monetary zone and the level 
of convergence of the economies of the 
sub-region as a whole. 
Article 3 
The Authority urges all Member States to 
intensify their efforts to meet the macro-
economic convergence criteria by 
sanitizing their public finances, carrying 
out the necessary structural reforms and 
increasing their production base. 
Article 4 
The Authority directs the E C O W A S 
Executive Secretariat, the West African 
Monetary Agency (WAMA) to reinforce 
inter-institutional cooperation in order to 
ensure rapid implementation of the 
monetary programme of the secondary 
zone (WAMZ) and the single E C O W A S 
monetary zones. 
Article 5 
This decision shall be published by the 
Executive Secretariat in the Official 
109 
U U U I I I C U U I u i u # 
(30) days of signature by the current 
Chairman of the Authority. It shall also be 
published by each State in its National 
Gazette within the same time frame. 
DONE AT DAKAR, THIS 31 ST DAY OF 
JANUARY 2003 
CHAIRMAN 
FOR THE AUTHORITY 
AUHORITY OF HEADS U I - O I H I C « n « 
GOVERNMENT 
Dakar, 31st January 2003 
DECISION A/DEC.19/01/03 RELATING 
TO THE DESIGNATION OF MEMBERS 
OF THE COUNCIL OF ELDERS 2003 
AUTHORITY OF HEADS OF STATE 
AND GOVERNMENT. 
MINDFUL of Article 7, 8, 9 of the Treaty 
establishing the Authority of Heads of 
State and Government and defining its 
composition and functions. 
MINDFUL of the Protocol relating to the 
Mechanism for Conflict Prevention, 
Managemen t , Reso lu t i on , P e a c e ­
keeping and Security adopted in Lome on 
10 December 1999. 
MINDFUL of Articles 15 and 20 of the 
Protocol relating to the functions of the 
Executive Secretary and the composition 
and mandate of the Council of elders 
respectively. 
CONCERNED by the various conflicts 
which persist within several of the 
Member States. 
DESIRING to implement all the aspects of 
the Protocol including the establishment 
of a Council of Elders, members of which 
will act as mediators, conciliators and 
facilitators in Member States that are in 
crisis. 
NOTHING that the tenure of the mandate 
of the 2001-2002 Council of Elders has 
expired. 
DESIRING to designate new members of 
that Council for the year 2003; 
ON THE RECOMMENDATION of the 
Meeting of Ministers of Foreign Affairs 
held in Dakar from 28th to 30th January, 
2003; 
110 
DECIDES 
ARTICLE 1 
The attached list of eminent personalities 
is hereby approved as the Council of 
E lde rs for 2003 , to enab le the 
implementation of the provisions of Article 
200 of the Protocol relating to the 
Mechanism for Conflict Prevention, 
Management, resolution, Peacekeeping 
and Security. 
ARTICLE 2 
This decision shall be published by the 
Executive Secretariat in the Official 
Journal of the Community within thirty 
(30) days of signature by the current 
Chairman of the Authority. It shall also be 
published by each State in its National 
Gazette within the same time frame. 
DONE AT DAKAR, THIS 31 ST DAY OF 
JANUARY 2003 
LISTE DES MEMBERS DU CONSEIL 
DES DE LA CEDEAO POUR 2003/ 
LIST OF MEMBERS OF THE ECOWAS 
COUNCIL OF ELDERS FOR 2003 
No. PAYS/COUNTRY NOMS/NAMES 
1 BENIN 
2 BURKINA FASO 
3 CAP VERT 
4 COTE D'lVOIRE 
5 THE GAMBIA 
6 GHANA 
7 GUINEE 
8 GUINEE-BISSAU 
9 LIBERIA 
10 MALI 
11 NIGER 
12 NIGERIA 
13 SENEGAL 
14 SIERRA LEONE 
15 TOGO 
S.E. MME BERNADINE DO-REGO 
S.E.M. ANSELME SAMOU 
S.E.M. ANTONIO MASCRAENHAS 
MONTEIRO 
S.E.M. OULAI SIENE 
H.E. ERIC TUNDE JANNEH 
H E. E M. DEBRAH 
S.E.M. ABDOURAHMANE SO 
S.E.M. PEDRO GODINAHO 
GOMEZ 
H.E. ERNEST EASTMAN 
S.E. MME SIRA DIOP 
S.E.M. AMINU SIDIKOU 
H.E. GEN. YAKUBU GOWON 
S.E.M. MBAYE MBENGUE 
H.E. DESMOND LUKE 
S.E.M. BITOKOPU YAGNAMINI 
IBDOULAYE WADE 
CHAIRMAN 
FORTHE AUTHORITY 
COUNCIL OF MINISTERS 
DAKAR, 26-28 JANUARY, 2003 
R E G U L A T I O N C / R E G . 1101 /03 
R E L A T I N G TO T H E P A R T I A L 
ALLOCATION OF THE COMMUNITY 
LEVY TO THE PAID-UP CAPITAL OF 
ECOWAS BANK FOR INVESTMENT 
AND DEVELOPMENT 
THECOUNCILOF MINISTERS, 
MINDFUL of Article 10,11 and 12 of the 
Treaty of the Economic Community of 
W e s t A f r i c a n S ta tes ( E C O W A S ) 
establishing the Authority of Heads of 
State and Government and defining its 
composition and functions. 
MINDFUL of Protocol A/P. 1/7/96 of 27 
July 1996 relating to the conditions 
govern ing the appl icat ion of the 
Community Levy namely article 11 (d) 
authorizing any other uses as may be 
decided by the Authority or the Council 
including any increases to the capital of 
the E C O W A S Fund. 
MINDFUL of Decisions A/DEC.2/6/88 
and A /DEC. 10/6/89 of the Authority of 
Heads of State and Government relating 
to the study on the Enhancement of the 
Financial resources of E C O W A S FUND. 
Investment and Development (EBID). 
ENACTS 
ARTICLE 1 
Member States are hereby authorized to 
use part of their Community Levy for the 
Payment of the shares they have 
subscribed in the capital of ECOWAS 
Bank for Investment and Development 
(EBID). 
ARTICLE 2 
This Regulation shall be published by the 
Executive Secretariat in the Official 
Journal of the Community within thirty 
(30) days of signature by the Chairman of 
the Council. It shall also be published in 
the National Gazette of each Member 
State within the aforementioned period. 
DONE AT D A K A R , THIS 28TH 
JANUARY, 2003 
HON. CHEIKH TlDIANE GADIO 
/ CHAIRMAN 
FOR COUNCIL 
MINDFUL of Decision A/DEC.4/12/99 of 
the Authority relating to the transformation 
of E C O W A S Fund into a regional Holding 
Company. 
MINDFUL of Decision A /DEC. 13/12/01 of 
the Authority of Heads of State and 
Government declaring the first tranche of 
the call-up capital of E C O W A S Bank for 
Investment and Development as due. 
CONSIDERING the Report of the 22nd 
Meeting of the Ad hoc Ministerial 
Committee on the Enhancement of the 
Financial Resources of the FUND. 
ON THE RECOMMENDATION of the 
112 
FORTY-NINTH SESSION 
COUNCILOF MINISTERS 
OF THE 
DAKAR, 26-28 JANUARY, 2003 
R E G U L A T I O N C / R E G . 2 / 0 1 / 0 3 
RELATING TO P L A C E M E N T IN 
ECOWAS BANK FOR INVESTMENT 
AND D E V E L O P M E N T OF T H E 
BALANCE OF THE PROCEEDS FROM 
COMMUNITY LEVY 
THE COUNCILOF MINISTERS, 
MINDFUL of Article 10,11 and 12 of the 
Treaty of the Economic Community of 
W e s t A f r i c a n S ta tes ( E C O W A S ) 
establishing the Authority of Heads of 
State and Government and defining its 
composition and functions. 
MINDFUL of Protocol A/P. 1/7/96 of July 
1996 on the conditions governing the 
application of the Community Levy 
specifically, Article 19.5 authorizing the 
reversion of the balance of proceeds from 
the Community Levy, to Member States; 
MINDFUL of Decisions A/DEC.2/6/88 
and A /DEC. 10/6/89 of the Authority of 
Heads of State and Government relating 
to the study on the Enhancement of the 
Financial Resources of E C O W A S FUND. 
MINDFUL of Decision A/DEC.4/12/99 of 
the Authority relating to the transformation 
of E C O W A S FUND into a Regional 
Holding Company. 
CONSIDERING the significant resources 
required for the take off of E C O W A S Bank 
for Investment and Development (EBID) 
and its subsidiaries, and in view of the 
significant resources they required for the 
financing of Community progammes. 
CONSIDE R I N G that s i g n i f i c a n t 
resources collected in the previous years 
are available in the Central Banks of 
Member States, thus providing the Bank 
and its subsidiaries, with the opportunity 
to mobilize financial resources within the 
Community. 
Investment and Development (EBID) to 
examine the conditions for the payment of 
interest on the balance of proceeds from 
the Community Levy to be reverted to 
Member States at the end of the 
transitional period. 
HAVING EXAMINED the Report of the 
22nd Meeting of the Ad hoc Ministerial 
Committee on the enhancement of the 
Financial Resources of the FUND. 
ON THE RECOMENDATION of the 
P res iden t of E C O W A S Bank for 
Investment and Development (EBID). 
INVITES member States to negotiate with 
E C O W A S Bank for Investment and 
Development (EBID), the conditions for 
the placement in EBID, of all or part of the 
balance of proceeds from the Community 
Levy that should be reverted to Member 
States at the end of the transitional period 
as defined by the Protocol on the 
conditions governing the application of 
the Community Levy. 
INSTRUCTS the Executive Secretary 
and the President of E C O W A S Bank for 
Investment and Development (EBID) to 
ensure the constant monitoring of the 
present resolution. 
DONE AT D A K A R , THIS 28TH 
JANUARY 2003 
HON. CHEIKH TlDIANE GADIO 
CHAIRMAN 
FOR COUNCIL 
CONSIDERING the mutual interest for 
Member States and E C O W A S Bank for 
COUNCIL Uh MINIS I t K b 
DAKAR, 26-28 JANUARY, 2003 
R E G U L A T I O N C / R E G . 3 / 0 1 / 0 3 
RELATING TO THE IMPLEMENTATION 
ON T H E R E G U L A T I O N S ON 
TRANSHUMANCE BETWEEN THE 
ECOWAS MEMBER STATES. 
THE COUNCIL OF MINISTERS, 
MINDFUL of Article 10,11 and 12 of the 
Treaty of the Economic Community of 
W e s t A f r i c a n S ta tes ( E C O W A S ) 
establishing the Authority of Heads of 
State and Government and defining its 
composition and functions. 
MINDFUL of Article 25 of the Treaty on 
cooperation between the Member States 
as a means for achieving agricultural 
development and food security. 
MINDFUL of Decision A/DEC.5/10/98 on 
the regulation of transhumance between 
the E C O W A S Member States. 
CONVINCED that the s u s t a i n e d 
development of livestock production is an 
integral part of any food security or 
poverty reduction policy. 
CONSIDERING that given the resources 
presently available to the E C O W A S 
Member States, traditional pastoral 
farming systems such as transhumance, 
susbsit and contribute to socio-economic 
development and the growth of livestock 
production. 
AWARE that the random movement of 
livestock and transhumance can trigger 
n u m e r o u s h e a l t h , s o c i a l , l e g a l , 
environmental, economic and political 
problems. 
DESIROUS of improving the conditions 
for livestock production in the Member 
States, and, for the purpose, to induce a 
gradual evolution of the traditional 
farming systems towards intensive 
breeding methods, and to introduce 
t ranshumance regu la t ions in the 
E C O W A S sub-region. 
m e e u n y u i c ^ u v v f t o rv i i ins ie i s 
responsible for livestock production, held 
in Ouagadougou, on 9 and 10 October 
2002. 
The measures hereunder shall be taken 
by all the States of the E C O W A S sub-
region 
ARTICLE 1: 
AT THE LEVEL OF THE MEMBER 
STATES 
a) Organ isa t ion of information, 
communication, enlightenment, 
training and education campaigns 
and programmes directed at 
transhumant herdsmen and the 
different actors invo lved in 
transhumance in the departure, 
t r a n s i t a n d hos t z o n e of 
transhumant herds; 
b) E s t a b l i s h m e n t a n d / o r r e -
e n e r g i s i n g o f p a s t o r a l 
organizations at the national level, 
and especial ly , of breeders ' 
a s s o c i a t i o n s , in o r d e r to 
encourage them to contribute to 
the improvement management of 
transhumance, and the prevention 
a n d m a n a g e m e n t o f 
transhumance related conflicts. 
c) E s t a b l i s h m e n t of n a t i o n a l 
committees, networks or other 
bodies, to manage, monitor and 
appraise transhumance. 
d) Strict compliance, by the livestock 
breeding States, transhumant, 
farmers and other sections of the 
rural society: 
With the decision of the Heads of 
State and Government regulating 
t r a n s h u m a n c e be tween the 
Member States, and with the 
prov is ions of the E C O W A S 
Pro toco ls , Conven t i ons and 
Decisions relating thereto, and 
particularly, to those on the free 
movement of persons, goods and 
services, and to the mechanism for 
conflict prevention, management 
and resolution, peace-keeping and 
security. 
114 
With the laws and regulations in 
force in the Member States, and to 
b i l a t e r a l a n d m u l t i l a t e r a l 
commitment, especial ly those 
concerning the conservation and 
sustained management of natural 
resources and the environment. 
With the abrogation by Benin, of 
t he m e a s u r e s u s p e n d i n g 
transhumance. 
ARTICLE 2: AT THE LEVELOF THE 
ECOWAS EXECUTIVE 
SECRETARIAT 
a. Technical and financial support 
shall be given by E C O W A S , which 
shall also source funds from 
donors for the following: 
i. To finance information, training 
and enlightenment programmes 
for transhumant herdsmen and the 
local communities affected by 
cross-border transhumance. 
ii. To print and circulate the E C O W A S 
in te rna t iona l t r a n s h u m a n c e 
certificate. 
iii. To organize annual meetings to 
a p p r a i s e a n d p r o g r a m m e 
t r a n s h u m a n c e b e t w e e n 
neighboring States, and biennial 
meetings on transhumance in the 
West African sub-region, jointly 
sponsored by E C O W A S , UEMOA, 
CILSS and other orgnisations with 
stakes in transhumance. 
iv. To conduct up-date studies on 
t r a n s h u m a n c e r o u t e s a n d 
itineraries, in collaboration with 
U E M O A , C I L S s and o ther 
organizat ions with stakes in 
transhumance. 
v. To formulate and implement sub-
regional programmes for the 
development of grazing lands, or 
the creation of cross-border 
i n f ras t ruc tu res to fac i l i ta te 
transhumance. 
vi. To set up pilot cross-border 
projects with a view to developing 
new joint management methods 
for the transhumance routes and 
hostzones. 
vii. To conduct a study projecting the 
future of livestock production, 
particularly in West and central 
Africa. 
b. O t h e r i n t e r g o v e r n m e n t a l 
organizations in West and Central 
Africa shall be officially briefed in 
order to coordinate initiative and 
i n t e r v e n t i o n s r e l a t i n g to 
transhumance in West and Central 
Africa. 
c. O A U / I B A R shall be officially 
briefed in order to ensure the 
inclusion of transhumance in the 
Pan African Programme for the 
Control of Epizootic Diseases 
(PACE) in view of the serious 
implications of animal movements 
for animal health. 
d. A high-level emergency meeting of 
the countries concerned shall be 
convened, with a view to finding a 
lasting solution to the presence of 
alien livestock entering the territory 
of the host country illegally. 
ARTICLE 3: AT THE LEVEL OF THE 
MEMBER STATES AND ECOWAS 
i. Coverage of all the transhumance 
routes within sub-region. 
ii. Creation of an information and 
communica t ions network for 
transhumance and the monitoring 
of animal diseases. 
iii. I n v o l v e m e n t of h e r d s m e n , 
associations of professionals and 
o the r s t a k e h o l d e r s in the 
implementation of the decision of 
the Heads of States. 
iv. Formulation and implementation, 
within each Member State, of a 
pastoral development programme 
involving the preparation of maps 
of g raz i ng a r e a s , t r a n s h u m a n c e 
zone and watering points. 
115 
v / u i i i i i u i i ^ ^ i L I a i 1 0 1 I U I 1 1 a i I O C . v /wunv / i Lu r nrurvio I nr \o 
vi. C r e a t i o n o f a r e g i o n a l 
transhumance observatory to 
m o n i t o r c o m p l i a n c e w i t h 
E C O W A S measures. 
vii. Formulation of a regional pastoral 
resources strategy within the 
framework of the sub-regional 
a c t i o n p l a n ( S R A P ) f o r 
desertification control adopted by 
the Authority of Heads of State and 
Government, and of initiatives 
taken within the West African 
sector of the New Partnership for 
Africa's Development (NePAD) 
viii. Inclusion of pastoral and agro-
economic programmes in the 
curr iculums of West Afr ican 
training institutions specializing in 
livestock production. 
ix. Promot ion of d ia logue and 
collaboration between Member 
States on transhumance related 
issues. 
x. Dissemination of information on 
a n i m a l h e a l t h a m o n g the 
veterinary services of the Member 
States. 
ARTICLE 4: ENTRY INTO FORCE 
This regulation shall be published by he 
Executive Secretariat in the Official 
Journal of the Community within thirty 
(30) days of its signature by the Chairman 
of the Council of Ministers. It shall also be 
published in the National Gazette of each 
Member State within the same time­
frame. 
DONE AT DAKAR, THIS 28 DAY OF 
JANUARY 2003 
/ iff | i — — 
HON. CHEIKH TIDIANE GA01O 
/ CHAIRMAN 
FOR COUNCIL 
DAKAR, 26-28 JANUARY, 2003 
R E G U L A T I O N C / R E G . 4 / 0 1/03 
RELATING TO THE RENEWAL OF 
L E A S E A G R E E M E N T S ON THE 
RESIDENCE OF THE EXECUTIVE 
SECRETARIAT STAFF IN ABU JA. 
THE COUNCIL OF MINISTERS, 
MINDFUL of Article 10, 11 and 12 of the 
E C O W A S Treaty establishing the Council 
of Ministers and defining its composition 
and functions. 
CONSIDERING the need for the 
construction of vital additional works for 
the Executive Secretariat Staff quarters at 
Katampe. 
CONSIDERING that the estimated 
completion period for the provision by the 
Nigerian Government of access rods and 
other infrastructural facilities at the 
Katampe Housing Estate will extend up to 
the year 2004. 
NOTING that the leases on most of the 
residence rented for the staff of the 
Executive Secretariat in 2000 will expire 
by October 2002. 
CONSIDERING the high demand for 
residential accommodation in Abuja 
resulting in an astronomical increase in 
the real Estate rents in the Abuja 
metropolis. 
AWARE of the need to renew the lease 
Agreements on the staff residences in 
Abu ja and make adequate funds 
available to the Executive Secretariat for 
the purpose. 
<3H THE RECOMMENDATION of the 
T w e n t y - E i g h t h M e e t i n g of t he 
Administration and Finance Commission 
held in Abuja from 18 to 25 November 
2002. 
116 
ENACTS 
ARTICLE 1 
The sum of N281, 100,000 (Two Hundred 
and Eighty-one Million, one hundred 
thousand naira) (UA 1,079,403.05) is 
hereby approved for the Executive 
Secretariat of E C O W A S to cover renewal 
and contracting of new leases for 2003. 
ARTICLE 2 
The Executive Secretariat shall prepare 
est imates of the overal l f inancial 
implications of leases to cover ail the 
posts approved by the sixth extra­
ordinary session of the Council of 
Ministers. Such estimates shall be 
submitted to the Administration and 
Finance commission for consideration. 
ARTICLE 3 
This regulation shall be published by His 
Executive Secretariat in the Official 
Journal of the Community within thirty 
(30) days of its signature by the Chairman 
of the Council of Ministers. It shall also be 
published in the National Gazette of each 
Member State within the same time­
frame. 
DONE AT DAKAR, THIS 28TH DAY OF 
JANUARY, 2003 
HON. CHEIKH TlDIANE GADIO 
/ CHAIRMAN 
FOR COUNCIL 
FORTY NINTH SESSION OF THE 
COUNCILOF MINISTERS 
DAKAR, 26-28 JANUARY, 2003 
R E G U L A T I O N C / R E G . 5 / 0 1 / 0 3 
A P P R O V I N G T H E A U D I T E D 
FINANCIAL STATEMENTS OF THE 
EXECUTIVE SECRETARIAT FOR THE 
2001 FINANCIAL YEAR. 
THE COUNCIL OF MINISTERS, 
MINDFUL of Article 10, 11 and 12 of the 
Treaty establishing the Counci l of 
Ministers and defining its composition and 
functions. 
MINDFUL of Article 75 of the Treaty 
relating to the appointment of External 
Auditor for the Institutions of the 
Community. 
MINDFUL of the financial regulations and 
Manual of Accounting Procedure of the 
Institutions of E C O W A S amended by 
Regulation C/REG.2/12/95. 
MINDFUL of the Authority Decision 
A/DEC.6/12/99 dated 10th December 
1999 appointing the firm of Coopers & 
Lybrand Dieye as External Auditors of the 
Community. 
MINDFUL of Au tho r i t y D e c i s i o n 
C/AHSG/DEC.1/2/2000 confirming the 
appointment of Coopers & Lybrand and 
Dieye as external auditors of the 
Institutions of the Community. 
CONSIDERING the Contract Agreement 
between E C O W A S and Coopers Lybrand 
and Dieye defining the conditions of 
engagement of the External Auditors 
dated 26 February 2000. 
HAVING EXAMINED the report of the firm 
of Coopers & Lybrand Dieye on the 
financial statements of the Executive 
Secretariat for the 2001 Financial Year. 
ON THE RECOMMENDATION of the 
twenty eighth meting o the Administration 
and finance commission held in Abuja 
from 18 to 25 November 2002. 
117 
ARTICLE 1 
The Audited financial Statements of the 
executive Secretariat attached hereto for 
the 2001 financial year is hereby 
approved. 
ARTICLE 2 
This regulation shall be published by he 
Executive Secretariat in the Official 
Journal of the Community within thirty 
(30) days of its signature by the Chairman 
of the Council of Ministers. It shall also be 
published in the National Gazette of each 
Member State within the same time­
frame. 
DONE AT DAKAR, THIS 28TH DAY OF 
JANUARY, 2003 
FORTY-NINTH SESSION OF THE 
COUNCIL OF MINISTERS 
DAKAR, 26-28 JANUARY, 2003 
R E G U L A T I O N C / R E G. 6/0110 3 
APPROVING THE BUDGET OF THE 
W E S T A F R I C A N H E A L T H 
ORGANISATION FOR THE 2003 
FINANCIAL YEAR. 
THE COUNCILOF MINISTERS, 
MINDFUL of Article 10, 11 and 12 of the 
Treaty establishing the Counci l of 
Ministers and defining its composition and 
functions. 
Commission held in Abuja, from 18 to 25 
November 2002. 
ENACTS 
ARTICLE 1 
The budget of the west African Health 
Organisation for the 2003 Financial Year, 
balanced in income and expenditure at 
the sum of Four Million, nine hundred and 
sixty seven thousand, seven hundred and 
fourteen Units of Account (4,967,714 UA) 
is hereby approved. 
ARTICLE 2 
An amount of One Million Units of 
Accounts (UA 1,000,000) shall be derived 
from the annual contributions of Member 
States. 
ARTICLE 3 
This regulation shall be published by he 
Executive Secretariat in the Official 
Journal of the Community within thirty 
(30) days of its signature by the Chairman 
of the Council of Ministers. It shall also be 
published in the National Gazette of each 
Member State within the same time­
frame. 
DONE AT DAKAR, THIS 28TH DAY OF 
JANUARY, 2003 
MINDFUL of Protocols A/P2/7/87 on the 
establishment of the West African Health 
Organisation. 
MINDFUL of the provisions of Article 69 of 
the Treaty which relate to the budget of 
the Community. 
MINDFUL of the financial regulations and 
Manual of Accounting Procedures of the 
Institutions of E C O W A S amended by 
Regulation C/REG.2./12/95. 
HAVING CONSIDERING the budget of 
the west African Health Organisation 
HON. CHEIKH TlDIANE GADIO 
/ CHAIRMAN 
FOR COUNCIL 
118 
FORTY-NINTH SESSION OF THE 
COUNCILOF MINISTERS 
DAKAR, 26-28 JANUARY, 2003 
R E G U L A T I O N C / R E G . 7 /01,03 
APPROVING THE BUDGET OF THE 
COMMUNITY PARLIAMENT FOR THE 
2003 FINANCIAL YEAR. 
THE COUNCIL OF MINISTERS, 
MINDFUL of Article 10, 11 and 12 of the 
Treaty establishing the Counci l of 
Ministers and defining its composition and 
functions. 
and forty-four thousand three hundred 
and forty Units of Accounts (UA 
4,544,346) shall be derived from the 
annual contributions of member States. 
ARTICLE 3 
This regulation shall be published by he 
Executive Secretariat in the Official 
Journal of the Community within thirty 
(30) days of its signature by the Chairman 
of the Council of Ministers. It shall also be 
published in the National Gazette of each 
Member State within the same time­
frame. 
MINDFUL of Article 13 of the Treaty 
establishing the Community Parliament. 
MINDFUL of protocol A/P.2/8/94 defining 
the composition, functions, powers and 
o rgan i za t i ons of the C o m m u n i t y 
Parliament; 
MINDFUL of the provisions of Article 69 of 
the Treaty which relate to the budget of 
the Community. 
MINDFUL of the Financial Regulations 
and Manual of Accounting Procedures of 
the Institutions of E C O W A S amended by 
Regulation C/REG.2/12/95. 
HAVING CONSIDERING the budget of 
the Community Parliament proposed by 
the Twenty-Eighth Meeting of the 
Administration and Finance Commission 
held in Abuja, from 18-25 November 
2002. 
DONE AT DAKAR, THIS 28TH DAY OF 
JANUARY, 2003 
HON. GHEIKH TIDIANE GADIO 
CHAIRMAN 
FOR COUNCIL 
ENACTS 
ARTICLE 1 
The budget of the Community Parliament 
for the 2003 Financial Year, balanced in 
income and expenditure at the sum of Six 
Million five hundred and forty-four 
thousand three hundred and forty six 
Units of Accounts (UA 6,544,346) is 
hereby approved. 
ARTICLE 2 
An amount of Four Million Five Hundred 
•no 
COUNCIL OF M I N I S I t K S 
DAKAR, 26-28 JANUARY, 2003 
R E G U L A T I O N C / R E G . 8 /01/03 
REGULARISING THE APPOINTMENT 
OF CERTAIN OFFICERS OF THE 
COMMUNITY PARLIAMENT AND 
G R A N T I N G T H E S T A T U S O F 
STATUTORY APPOINTEE TO THE 
SECRETARY GENERAL AND THE 
DEPUTY SECRETARY GENERAL 
THE COUNCILOF MINISTERS, 
MINDFUL of Article 10, 11 and 12 of the 
Treaty establishing the Counci l of 
Ministers and defining its composition and 
functions. 
MINDFUL of Protocol A/P2/8/94 defining 
the status, composition, functions and 
other issues relating to the Community 
Parliament. 
MINDFUL of Decision A/DEC.19/12/01 
relating to the headquarters of the 
Community Parliament. 
MINDFUL of the rules of Procedure of the 
Community Parliament. 
MINDFUL of the regulations adopting the 
budgets of the Community Parliament for 
2001 and 2002. 
CONSIDERING the need to grant to 
officers of the Community Parliament, a 
s t a t u s c o m m e n s u r a t e w i th the 
importance of the institution. 
CONSIDERING that for the take-off of its 
activities and its smooth operation, the 
Community Parliament has engaged the 
services of highly qualified and competent 
staff, whose performance is deemed 
satisfactory by the Head of the institution. 
DESIROUS of preserving the rights thus 
acquired by the aforementioned staff of 
the Community Parliament. 
ENACTS 
ARTICLE 1 
The appointments of Mrs. Halima Ahmed 
the Parliament with the status of statutory 
appointees are hereby approved. 
ARTICLE 2 
Mrs. Halima Ahmed and Mr. Mohammed 
Diakite are appointed for a period of four 
(4) years, renewable for another period of 
four (4) years. 
ARTICLE 3 
Mrs. Halima Ahmed and Mr. Mohammed 
Diakite shall retain the rights enjoyed 
since their appointment, in respect of 
remunerations and other privileges. 
ARTICLE 4 
The appointment of the thirty-one (31) 
other members of staff recruited by the 
Communi ty Par l iament is hereby 
endorsed. 
ARTICLES 
The members of staff mentioned in Article 
3 above shall retain the rights enjoyed 
since their appointment, in respect of 
remunerations and other privileges. 
ARTICLE 6 
This regulation shall be published by he 
Executive Secretariat in the Official 
Journal of the Community within thirty 
(30) days of its signature by the Chairman 
of the Council of Ministers. It shall also be 
published in the National Gazette of each 
Member State within the same time­
frame. 
DONE AT DAKAR, THIS 28TH DAY OF 
JANUARY, 2003 
HON. CHEIKH TlDIANE GADIO 
/ CHAIRMAN 
FOR COUNCIL 
120 
FORTY-NINTH SESSION OF THE 
COUNCILOF MINISTERS 
DAKAR, 26-28 JANUARY, 2003 
R E G U L A T I O N C / R E G . 9 / 0 1 / 0 3 
APPROVING THE BUDGET OF THE 
COMMUNITY COURT OF JUSTICE 
FORTHE 2003 FINANCIAL YEAR 
THECOUNCILOF MINISTERS, 
MINDFUL of Article 10, 11 and 12 of the 
Treaty establishing the Counci l of 
Ministers and defining its composition and 
functions. 
MINDFUL of Article 15 of the Treaty 
establishing the Community Court of 
Justice. 
MINDFUL of Protocol A/P. 1/7/91 defining 
the s tatus, compos i t i on , powers , 
procedure and other issues concerning 
the Community Court of Justice. 
MINDFUL of the provisions of Article 69 of 
the Treaty which relate to the budget of 
the Community. 
MINDFUL of the financial regulations and 
Manual of Accounting Procedures of the 
Institutions of E C O W A S amended by 
regulation C/REG.2/12/95. 
HAVING CONSIDERED the budget of the 
Community Court of Justice proposed by 
the Twenty-Eighth meeting of the 
Administration and Finance Commission 
held in Abuja, from 18 to 25 November 
2002. 
ARTICLE 2 
The amount of Two million eight hundred 
and seventeen thousand two hundred 
and ninety-six Units of Accoun ts 
(2,817,296 UA) shall be derived from the 
annual contributions of member State. 
ARTICLE 3 
This regulation shall be published by his 
Executive Secretariat in the Official 
Journal of the Community within thirty 
(30) days of its signature by the Chairman 
of the Council of Ministers. It shall also be 
published in the National Gazette of each 
Member State within the same time­
frame. 
DONE AT DAKAR, THIS 28TH DAY OF 
JANUARY, 2003 
HON. CHEIKH TlDIANE GADIO 
/ CHAIRMAN 
FOR COUNCIL 
ENACTS 
ARTICLE 1 
The budget of the Community Court of 
Justice for the 2003 Financial Year, 
balanced in income and expenditure at 
the sum of Three Million and forty-two 
thousand nine hundred and eighty-seven 
Units of Accounts (3,042,987 UA) is 
hereby approved. 
COUNCIL OF MINISTERS 
DAKAR, 26-28 JANUARY, 2003 
R E G U L A T I O N C / R E G . 1 0/01/03 
APPROVING THE BUDGET OF THE 
EXECUTIVE SECRETARIAT FOR THE 
2003 FINANCIAL YEAR. 
THE COUNCILOF MINISTERS, 
MINDFUL of Article 10, 11 and 12 of the 
Treaty establishing the Counci l of 
Ministers and defining its composition and 
functions. 
MINDFUL of the provisions of Article 69 of 
the Treaty which relate to the budget of 
the Community. 
MINDFUL of the Financial Regulations 
and Manual of Accounting Procedures of 
the Institutions of E C O W A S amended by 
Regulation C/REG.2/12/95; 
HAVING CONSIDERING the budget of 
the Executive Secretariat proposed by the 
T w e n t y - E i g h t h m e e t i n g of the 
Administration of finance Commission 
held in Abuja, from 18th to 25th November 
2002. 
ENACTS 
ARTICLE 1 
JOUrna i OT i n e v^uiiiiiiuiiiiy W I U I I I I i i imy 
(30) days of its signature by the Chairman 
of the Council of Ministers. It shall also be 
published in the National Gazette of each 
Member State within the same time­
frame. 
DONE AT DAKAR, THIS 28TH DAY OF 
JANUARY, 2003 
HON. GHEIKH TlDIANE GADIO 
CHAIRMAN 
FOR COUNCIL 
The budget of the executive Secretariat 
for the 2003 Financial Year, balanced in 
income and expenditure at the sum of 
Twenty-two Million Seventy two thousand 
and seven hundred Units of accounts 
(22,072,700 UA) is hereby approved. 
ARTICLE 2 
An amount of Eighteen million nine 
hundred and two thousand and two 
hundred Units of Accounts (18,902,200 
UA) shall be derived from the annual 
contributions of Member States. 
ARTICLE 3 
This regulation shall be published by the 
122 
FORTY-NINTH SESSION OF THE 
COUNCIL OF MINISTERS 
DAKAR, 26-28 JANUARY, 2003 
R E G U L A T I O N C/R E G. 11101 /03 
APPROVING THE COMPENSATION 
BUDGETS FOR LOSS OF REVENUE 
SUFFERED BY ECOWAS MEMBER 
STATES IN 2000, 2001 AND 2002 AS A 
RESULT OF THE LIBERALISATION OF 
INTRA-ECOWAS TRADE. 
THE COUNCILOF MINISTERS, 
MINDFUL of Article 10, 11 and 12 of the 
Treaty establishing the Counci l of 
Ministers and defining its composition and 
functions. 
MINDFUL of Decision A/DEC/8/5/79 of 
the Authority of Heads of State and 
Government, dated 29th May, 1979 
relating to the consolidation of customs 
duties and taxes of equivalent effect and 
non-tariff barriers. 
MINDFUL of Decision A /DEC. 19/5/80 of 
the Authority of Heads of State and 
Government, dated 28th May, 1980 
relating to compensation procedure for 
loss of revenue suffered by E C O W A S 
Member States as a result of the 
liberalization of intra-ECOWAS trade. 
MINDFUL of Decision A/DEC.1/5/83 of 
the Authority of Heads of State and 
Government relating to the adoption and 
implementation of the single trade 
l iberal ization scheme to industrial 
products originating from Member States 
and the amendment thereto embodied in 
Decision A/DEC.6/6/89, dated 30th June, 
1989. 
MINDFUL of the D e c i s i o n s and 
Regulations listing enterprises and 
products approved to benefit under the 
E C O W A S trade liberalization scheme. 
CONSIDERING the applications for 
compensat ion of loss of revenue 
submitted by Benin and Togo for the 
importation of approved industrial 
products in 2000,2001 and 2002. 
CONSIDERING the report of the forty 
fourth meeting of the Trade, Customs, 
Taxation, Statistics, Money and payments 
Commission held Abuja from 15 to 16 
November 2002. 
ON RECOMMENDATION of the twenty-
eight meeting of the Administration and 
Finance Commission held in Abuja from 
18 to 25 November 2002. 
ENACTS 
ARTICLE 1 
The compensation budget for loss of 
revenue suffered by ECOWAS Member 
States as a result of the liberalization of 
i n t r a - E C O W A S trade are hereby 
approved, in the amount of two billion one 
hundred and fifty million nine hundred and 
seventy four thousand two hundred and 
six CFA francs (2,150,974,206 FCFA), 
which breaks down as follows: 
a) Nine million, three hundred and 
forty thousand, and thirty two 
francs CFA(9,340,321) for 2000; 
b) One million, four hundred and 
twenty four million, three hundred 
and ninety seven thousand, two 
hundred and fifty tree francs CFA 
(1,424,397,253) for 2001 
C) Seven hundred and seventeen 
million, two hundred and thirty six 
thousand, six hundred and thirty 
two francs CFA (717236632) for 
2002. 
Tables I and II annexed hereto indicate 
the share of contributions owed to the 
compensation budget by each exporting 
Member State. 
ARTICLE 2 
The E C O W A S Executive Secretariat and 
the E C O W A S Fund shall be responsible 
for payment to the Member States having 
suffered loss of revenue, of the amounts 
recorded in the compensation budgets for 
2000,2001 and 2002. 
123 
This regulation shall be published by he 
Executive Secretariat in the Official 
Journal of the Community within thirty 
(30) days of its signature by the Chairman 
of the Council of Ministers. It shall also be 
published in the National Gazette of each 
Member State within the same time­
frame. 
DAKAR, 26-28 JANUARY, 2003 
REGULATION C/REG. 12/01/03 ON THE 
ADDITIONAL LIST OF ENTERPRISES 
AND PRODUCTS APPROVED UNDER 
T H E E C O W A S T R A D E 
LIBERALISATION SCHEME. 
DONE AT DAKAR, THIS 28TH DAY OF 
JANUARY, 2003 
HON. CHEIKH TlDIANE GADIO 
CHAIRMAN 
FOR COUNCIL 
TABLEAU I: DE RECETTES DU BENIN 
(en francs CFA) 
ETATS MEMBERS MONT ANT BDES CONTRIBUTIONS 
THE COUNCILOF MINISTERS, 
MINDFUL of Article 10, 11 and 12 of the 
Treaty establishing the Counci l of 
Ministers and defining its composition and 
functions. 
MINDFUL of the Protocol dated 5th 
November 1976 defining the concept of 
products originating from Member States 
of the Community. 
MINDFUL of Decision A/DEC.6/7/92 
dated 29th July 1992 of the Authority of 
Heads of State and Government of 
E C O W A S on the a d o p t i o n and 
implementation of a single Trade 
Liberalisation Scheme for products 
originating from Member States of the 
Community. 
MINDFUL of decision A/DEC.4/7/96 
dated 27th July 1996 on the cancellation 
of the criterion relating to the level of 
participation of community nationals in 
the equity capital of enterprises. 
MINDFUL of Regulation C/REG.3/4/02 
dated 23rd April 2002 of the council of 
Ministers defining the procedure for 
approval of industrial enterprises and 
products under the E C O W A S Trade 
Liberalisation Scheme. 
TABLEAU II: PERTE DE RECETTES DU TOGO 
(en francs CFA) 
ETATS MONTANT BDES CONTRIBUTIONS 
MEMBERS 
ON THE RECOMMENDATION of the 
forty-fourth of the Trade, Customs, 
Taxation, Statistics, Money and payments 
Commission held in Abuja from 15th to 
16th November 2002. 
ENACTS 
ARTICLE 1 
The Industrial enterprises and products 
124 
fulfilling the E C O W A S rules of origin listed 
in the attached annex are approved for 
approval for the benefit of preferential 
treatment under the E C O W A S Trade 
Liberalisation Scheme. 
ARTICLE 2 
The Executive Secretariat shall give each 
enterprises concerned, an approval 
number which must feature on the 
certificate of origin and on the E C O W A S 
customs declaration form and inform 
Member States accordingly. 
ARTICLE 3 
Member States and the Executive 
Secretariat shall take all necessary 
measures to ensure the implementation 
of this regulation. 
ARTICLE 4 
This regulation shall be published by he 
Executive Secretariat in the Official 
Journal of the Community within thirty 
(30) days of its signature by the Chairman 
of the Council of Ministers. It shall also be 
published in the National Gazette of each 
Member State within the same time­
frame. 
DONE AT DAKAR, THIS 28TH DAY OF 
JANUARY, 2003 
FORTY-NINTH SESSION OF THE 
COUNCILOF MINISTERS 
DAKAR, 26-28 JANUARY, 2003 
R E G U L A T I O N C / R E G . 1 3/01/03 
A P P R O V I N G T H E W O R K 
PROGRAMME OF THE EXECUTIVE 
S E C R E T A R I A T FOR THE 2003 
FINANCIAL YEAR. 
THE COUNCIL OF MINISTERS, 
MINDFUL of Article 10, 11 and 12 of the 
Treaty establishing the Counci l of 
Ministers and defining its composition and 
functions. 
HAVING CONSIDERED the work 
Programme of the Executive Secretariat 
for the 2003 Financial Year proposed by 
the Twenty-eighth meeting of the 
Administration and Finance Commission 
held in Abuja, from 18th to 25 November 
2002. 
ENACTS 
ARTICLE 1 
The work Programme attached hereto is 
hereby approved and shall be executed 
by the Executive Secretariat during the 
2003 financial year. 
ARTICLE 2 
This regulation shall be published by he 
Executive Secretariat in the Official 
Journal of the Community within thirty 
(30) days of its signature by the Chairman 
of the Council of Ministers. It shall also be 
published in the National Gazette of each 
Member State within the same time­
frame. 
DONE AT DAKAR, THIS 28TH DAY OF 
JANUARY, 2003 
125 
U U U N U I L U h M I N I S I b K S 
DAKAR, 26-28 JANUARY, 2003 ARTICLE 1 
R E G U L A T I O N C / R E G . 1 4/01/03 
A P P R O V I N G T H E R E V I S E D 
ORGANOGRAM OF THE EXECUTIVE 
SECRETARIAT OF E C O W A S IN 
ORDER TO ACCOMMODATE THE 
FORTY-NINE (49) NEWLY CREATED 
POSTS. 
THE COUNCILOF MINISTERS, 
MINDFUL of Article 10, 11 and 12 of the 
Treaty establishing the Counci l of 
Ministers and defining its composition and 
functions. 
MINDFUL of Article 17 of the E C O W A S 
Treaty es tab l ish ing an Execu t i ve 
Secretariat of the Community. 
CONSIDERING the need to restructure 
the Executive Secretariat in order to 
eliminate all short comings and defects 
identified in the structure and introduce 
thereon fundamental innovations that 
would strengthen the institution and 
enable it respond more effectively to the 
challenges of globalization. 
R E C A L L I N G R e g . C / R e g . 9 / 1 2 / 9 9 
approving the Restructuring of the 
Executive Secretariat in accordance with 
an approved 1999 Organogram. 
AWARE of the new responsibilities that 
fall on the Executive Secretariat as a 
result of Decision A/Dec.2/5/02 adopted 
in Yamoussoukro on 17th May, 2002 
which appoints E C O W A S as the 
coordinating and Monitoring organ for the 
implementation of NEPAD. 
DESIRING to enhance the capacity of the 
Execut ive Secretar iat in terms of 
personnel to enable it discharge its 
functions more efficiently. 
ON THE RECOMMENDATION of the fifth 
meeting of the Ad-hoc Ministerial 
Committee on re-structuring held in Abuja 
from 1-2 August 2002. 
The revised organogram of the executive 
Secretariat of E C O W A S accommodating 
forty nine (49) newly created posts is 
hereby adopted: 
ARTICLE 2 
The Execut ive Secretar iat should 
immediately commence the process of 
recruitment of staff in order to fill the 
vacancies in the approved organogram. 
ARTICLE 3 
This regulation shall be published by his 
Executive Secretariat in the Official 
Journal of the Community within thirty 
(30) days of its signature by the Chairman 
of the Council of Ministers. It shall also be 
published in the National Gazette of each 
Member State within the same time­
frame. 
DONE AT DAKAR, THIS 28TH DAY OF 
JANUARY, 2003 
HON. CHEIKH TIDIANE GADIO 
CHAIRMAN 
FOR COUNCIL 
126 
FORTY-NINTH SESSION OF THE 
COUNCILOF MINISTERS 
DAKAR, 26-28 JANUARY, 2003 
R E G U L A T I O N C / R E G . 1 5/01/03 
E S T A B L I S H I N G AND AD HOC 
MINISTERIAL COMMITTEE ON THE 
H A R M O N I S A T I O N O F T H E 
L E G I S L A T I V E T E X T S OF THE 
COMMUNITY. 
THE COUNCILOF MINISTERS, 
MINDFUL of Article 10, 11 and 12 of the 
Treaty establishing the Counci l of 
Ministers and defining its composition and 
functions. 
CONSIDERING that many protocols 
relating to the institutions of the 
community, by virtue of their prior 
existence to the revised E C O W A S Treaty, 
contain provision in contradiction to the 
Treaty. 
NOTHING that the continued existence of 
this situation may infirm the decisions of 
the Community and hinder the smooth 
functioning of the institutions. 
ANXIOUS to endow the Community with 
coherent, well-adapted and readily 
applicable texts, and to this end to up-date 
existing texts. 
ENACTS 
ARTICLE 1 
There is hereby established ad hoc 
Ministerial Committee to harmonise the 
legislative texts of the Community. 
ARTICLE 2 
1. The Committee shall undertake a 
critical review of the revised 
ECOWAS Treaty, Protocols and 
convent ions with a view to 
endowing the community with 
modern legal instruments whose 
implementation shall contribute to 
the acceleration of the integration 
process. 
2. The Committee shall identify and 
examine the deficiencies of the 
texts and formulate proposals 
for their amendment. 
3. The committee shal l , in the 
execution of this task, make such 
recommendations as shall be 
liable to remove all legal and 
institutional obstacles to the 
realization of the integration 
objectives of the Community. 
ARTICLE 3 
1. The following Member States shall 
be members o f t h e A d h o c 
Committee: 
i Republic of Cape Verde 
ii Republic of the Gambia 
iii Republic of Ghana 
iv. Republic of Guinea 
v Republic of Mali 
vi Federal Republic of Nigeria 
vii Republic of Senegal 
viii Republic of Sierra Leone 
2. The Executive Secretariat shall 
equally be a member of the 
Committee. 
ARTICLE 4 
The ad hoc Committee shall submit a 
progress report at the next ordinary 
session of the Council of Ministers. 
ARTICLE 5 
This regulation shall be published by his 
Executive Secretariat in the Official 
Journal of the Community within thirty 
(30) days of its signature by the Chairman 
of the Council of Ministers. It shall also be 
published in the National Gazette of each 
Member State within the same time­
frame. 
127 
FORTY-NINTH SESSION OF THE 
COUNCILOF MINISTERS 
DAKAR, 26-28 JANUARY, 2003 
R E G U L A T I O N C / R E G . 1 6/01/03 
RELATING TO THE BUDGET OF THE 
ECOWAS BANK FOR INVESTMENT 
AND DEVELOPMENT (EBID) FOR THE 
YEAR 2003. 
THE COUNCILOF MINISTERS 
MINDFUL of Article 10, 11 and 12 of the 
Treaty establishing the Counci l of 
Ministers and defining its composition and 
functions. 
MINDFUL of Decisions A/DEC.2/6/88 
and A /DEC. 10/6/89 of the Authority of 
Heads of State and Government relating 
to the study on the enhancement of the 
financial resources of the E C O W A S 
FUND. 
MINDFUL of Decision A/DEC.4/12/99 of 
the Authority relating to the transformation 
of the E C O W A S FUND into a Regional 
Holding Company. 
CONSIDERING the report of the Twenty-
second Meeting of the Ad hoc Ministerial 
Committee on the Enhancement of the 
financial Resources of the FUND. 
xne capuai resources OT me 
E C O W A S FUND and treated as 
part of start-up costs. 
ARTICLE 2 
The President of the E C O W A S Bank for 
Investment and Development shall be 
responsible for the implementation of this 
Regulation. 
ARTICLE 3 
This regulation shall be published by His 
Executive Secretariat in the Official 
Journal of the Community within thirty 
(30) days of its signature by the Chairman 
of the Council of Ministers. It shall also be 
published in the National Gazette of each 
Member State within the same time­
frame. 
DONE AT DAKAR, THIS 28TH DAY OF 
JANUARY, 2003 
HON. CHEIKH TlDIANE GADIO 
/ CHAIRMAN 
FOR COUNCIL 
ON THE RECOMMENDATION of the ad 
hoc ministerial committee on the 
Enhancement of the financial resources 
of the Fund. 
ENACTS 
ARTICLE 1 
1. The budget of the E C O W A S Bank 
for Investment and Development 
(EBID) for the year 2003 is 
approved as follows: 
* Operating expenses UA406.170 
* Expenses on equipment: UA9.750 
* Amounting to a total of UA 
416.920. 
128 
FORTY-NINTH SESSION OF THE 
COUNCIL OF MINISTERS 
DAKAR, 26-28 JANUARY, 2003 
R E G U L A T I O N C / R E G . 1 7/01/03 
RELATING TO THE BUDGET OF THE 
ECOWAS REGIONAL INVESTMENT 
BANK(ERIB) FOR THE YEAR 2003. 
THE COUNCIL OF MINISTERS, 
MINDFUL of Article 10,11 and 12 of the 
Treaty of the Economic Community of 
W e s t A f r i c a n S ta tes ( E C O W A S ) 
establishing the Council of Ministers and 
defining its composition and functions. 
MINDFUL of Decisions A/DEC.2/6/88 
and A /DEC. 10/6/89 of the Authority of 
Heads of States and Government relating 
to the study on the enhancement of the 
financial resources of E C O W A S FUND. 
MINDFUL of Decision A/DEC.4/12/99 of 
the Authority relating to the transformation 
of E C O W A S FUND into a regional 
Holding Company. 
CONSIDERING the report of the Twenty-
second Meeting of the Ad hoc Ministerial 
Committee on the Enhancement of the 
Financial Resources of the FUND. 
ARTICLE 2 
The Managing director of E C O W A S 
Regional Investment Bank shall be 
responsible for the implementation of this 
Regulation. 
ARTICLE 3 
This regulation shall be published by His 
Executive Secretariat in the Official 
Journal of the Community within thirty 
(30) days of its signature by the Chairman 
of the Council of Ministers. It shall also be 
published in the National Gazette of each 
Member State within the same time­
frame. 
DONE AT DAKAR, THIS 28TH DAY OF 
JANUARY, 2003 
HON. CHEIKH TlDIANE GADIO 
/ CHAIRMAN 
FOR COUNCIL 
ON THE RECOMMENDATION of the Ad 
hoc Ministerial Committee on the 
enhancement of the Financial Resources 
of the FUND. 
ENACTS 
ARTICLE 1 
1. The budget of the E C O W A S 
Regional Investment Bank (ERIB) 
for the year 2003 amounting to UA 
2 5 9 , 5 0 0 a n d c o v e r i n g its 
operating expenditure is hereby 
approved. 
2. The amount shall be drawn from 
the capital resources of the 
E C O W A S FUND and treated as 
part of start-up costs. 
129 
DAKAR, 26-28 JANUARY, 2003 
R E G U L A T I O N C / R E G . 1 8/01/03 
RELATING TO THE BUDGET OF THE 
ECOWAS REGIONAL DEVELOPMENT 
FUND (ERDF) FOR THE YEAR 2003. 
THE COUNCILOF MINISTERS, 
MINDFUL of Article 10,11 and 12 of the 
Treaty of the Economic Community of 
W e s t A f r i c a n S ta tes ( E C O W A S ) 
establishing the Council of Ministers and 
defining its composition and functions. 
MINDFUL of Decisions A/DEC.4/12/99 of 
the Authority of Heads of State and 
Government relating to the study on the 
enhancement of the financial resources of 
E C O W A S FUND. 
MINDFUL of Decision A/DEC.4/12/99 of 
the Authority relating to the transformation 
of E C O W A S FUND into a regional 
Holding Company. 
CONSIDERING the report of the Twenty-
second Meeting of the Ad hoc Ministerial 
Committee on the Enhancement of the 
Financial Resources of the FUND. 
E C O W A S FUND and treated as 
part of start-up costs. 
ARTICLE 2 
The Managing Director of the E C O W A S 
Regional Development Fund shall be 
responsible for the implementation of this 
regulation. 
ARTICLE 3 
This regulation shall be published by his 
Executive Secretariat in the Official 
Journal of the Community within thirty 
(30) days of its signature by the Chairman 
of the Council of Ministers. It shall also be 
published in the National Gazette of each 
Member State within the same time­
frame. 
DONE AT DAKAR, THIS 28TH DAY OF 
JANUARY, 2003 
HON. CHEIKH TIDIANE GADIO 
/ CHAIRMAN 
FOR COUNCIL 
ON THE RECOMMENDATION of the Ad 
hoc Ministerial Committee on the 
Enhancement of the Financial Resources 
of the FUND. 
ENACTS 
ARTICLE 1 
1. The budget of the E C O W A S 
Regional Development Fund 
(ERDF) for the year 2003 is 
approved as follows: 
* operating expenses: UA260,190 
* Expenses on equipment UA5,550 
amounting to a total of UA265.740. 
130 
FORTY-NINTH SESSION OF THE 
COUNCIL OF MINISTERS 
DAKAR, 26-28 JANUARY, 2003 
RECOMMENDATION C/REC.1/01/03 
A D O P T I N G HE F L A G OF HE 
ECONOMIC COMMUNITY OF WEST 
AFRICA STATES (ECOWAS) 
THE COUNCILOF MINISTERS, 
MINDFUL of Article 10, 11 and 12 of the 
Treaty establishing the Counci l of 
Ministers and defining its composition and 
functions. 
STATE AND G O V E R N M E N T to adopt the 
attached draft Decision adopting the Flag 
of the Economic Community of West 
Africa States (ECOWAS). 
DONE AT DAKAR, THIS 28TH DAY OF 
JANUARY 2003 
HON. CHEIKH TlDIANE GADIO 
/ CHAIRMAN 
FOR COUNCIL 
MINDFUL of the directives of the 25th 
session of the Authority of Heads of State 
and Government in view of adopting 
formally an E C O W A S flag. 
CONSIDERING that for many years, 
E C O W A S used a flag which contributed 
greatly to increasing awareness about the 
Community and stimulating interest in 
her, both within Member States and 
outside the Community. 
CONSIDERING that the flag under 
consideration translates perfectly the 
integration objectives of E C O W A S , and 
has been utilized successfully by all the 
Institutions of the Community, including 
ECOMOG, which used it as armband. 
CONSIDERING the need to guarantee 
the exclusive use of the E C O W A S flag by 
the Community and its Institutions, and to 
formally adopt and register it. 
ON THE PROPOSAL of the forty-ninth 
session of the Council of Ministers which 
took place in Dakar from 26 to 28 January 
2003. 
RECOMMENDS 
TO THE AUTHORITY OF H E A D S OF 
4 9 4 
COUNCILOF MINISTERS 
DAKAR, 26-28 JANUARY, 2003 
RECOMMENDATION C/REC.2/01/03 
RELATING TO THE CREATION OF THE 
ECOWAS ENERGY OBSERVATION 
THE COUNCILOF MINISTERS, 
MINDFUL of Article 10, 11 and 12 of the 
E C O W A S Treaty establishing the Council 
of Ministers and defining its composition 
and functions. 
CONSIDERING that the E C O W A S 
Revised Treaty of July 24, 1993 re­
affirmed the principles set forth in the 
treaty of May 28, 1975, establishing 
E C O W A S for the purpose of encouraging 
cooperation among the Member States in 
the areas of economic development and 
to this end, favouring he free movement of 
persons and good between States. 
MINDFUL of Decision A/Dec.3/5/82 of 29 
May, 1982 relating to the E C O W A S 
Energy Policy. 
CONSIDERING that Member States have 
demonstrated their will to coordinate their 
efforts with a view to implementing the 
E C O W A S priority action plans, notably, 
those relating to the interconnection of 
infrastructure. 
O D s e r v a i u r y a s a n i s i u u i u p u u e i i i u i m c 
f u t u r e W A P P i n f o r m a t i o n a n d 
Coord ina t ion Cen t re , and as an 
information and Communication System 
to alert the Member States on possible 
shortages and to identify the preventive 
measures that could be implemented to 
avoid such shortages. 
U P O N the proposal to the Fourth Steering 
Committee Meeting held in Conakry on 
18th October 2002. 
RECOMMENDS 
TO THE AUTHORITY OF HEADS OF 
STATE AND G O V E R N M E N T to adopt the 
attached Decision relating to the creation 
of the Energy Observatory. 
DONE AT DAKAR, THIS 28TH DAY OF 
JANUARY 2003 
HON. CHEIKH TIDIANE GADIO 
/ CHAIRMAN 
FOR COUNCIL 
MINDFUL of Decision A/Dec.5/12/99 
adopted by the Authority of Heads of State 
and Government which in its article 2, 
created a coordinating structure for the 
meeting of Energy Ministers and the 
Committee of Chief Executives of the 
Transmission System Operators of the 
Member States and defined its attributes. 
RECALLING Regulation C/Reg.7/12/99 
relating to the adoption of a Master Plan to 
develop means of energy production and 
interconnection of electricity networks of 
E C O W A S Member States; and also 
r e c a l l i n g a m e m o r a n d u m of 
understanding signed in Lome 29th 
September 2000 by E C O W A S Ministers 
of Energy in relation to the Master Plan. 
132 
FORTY-NINTH SESSION OF THE 
COUNCIL OF MINISTERS 
DAKAR, 26-28 JANUARY, 2003 
RECOMMENDATION C/REC.3/01/03 
ADOPTING THE ECOWAS PROTOCOL 
ON EDUCATION AND TRAINING 
THE COUNCILOF MINISTERS, 
MINDFUL of Article 10, 11 and 12 of the 
E C O W A S Treaty estab l ish ing the 
Author i ty of Head of State and 
Government and defining its composition 
and functions. 
MINDFUL of the provisions of Articles 60¬
66 of the E C O W A S Treaty identifying 
areas of cooperation with regard to 
human resources, information, social and 
cultural affairs, and chapter XII relating to 
cooperation in other areas. 
CONSIDERING that the full development 
of human resources, promotion of 
education and training are pre-requisites 
for the resolution of the socio-economic 
problems in our sub-region and are an 
indispensable part of the mechanism for 
the realization of the objectives of 
E C O W A S . 
AWARE of the acute basic needs of our 
peoples and their legitimate yearning for 
material and moral well-being. 
CONVINCED that for countries with 
l imited resou rces such as ours , 
investment in education and training 
undertaken collectively can contribute to 
poverty eradication and economic and 
social development. 
CONVINCED also that any development 
policy that does not give pride of place to 
education and training is bound to fail. 
DESIROUS of adopting an instrument 
that will facilitate and coordinate efforts by 
Member States to formulate and 
implement comparable educational and 
training policies, strategies and systems 
appropriate to the needs of our citizens. 
ON THE PROPOSAL of the Conference 
of E C O W S Ministers for Education held at 
Conakry from 24 to 25 September 2002. 
RECOMMENDS 
TO THE AUTHORITY OF HEADS OF 
STATE AND G O V E R N M E N T to adopt the 
attached draft Decision adopting the 
E C O W A S Protocol on Education and 
training. 
DONE AT DAKAR, THIS 28TH DAY OF 
JANUARY 203 
HON. CHEIKH TIDIANE GADIO 
/ CHAIRMAN 
FOR COUNCIL 
133 
COUNCIL Oh M I N I S I t K S 
DAKAR, 26-28 JANUARY, 2003 
RECOMMENDATION C/REC.4/01/03 
RELATING TO THE ADOPTION OF A 
G E N E R A L C O N V E N T I O N ON 
RECOGNITION AND EQUIVALENCE 
O F D E G R E E S , D I P L O M A S , 
C E R T I F I C A T E S A N D O T H E R 
QUALIF ICATIONS IN E C O W A S 
MEMBER STATES. 
THE COUNCILOF MINISTERS, 
MINDFUL of Article 10, 11 and 12 of the 
E C O W A S Treaty estab l ish ing the 
Author i ty of Head of State and 
Government and defining its composition 
and functions. 
MINDFUL of Article 60 of the Treaty of the 
Economic Community of West African 
States on human resources. 
MINDFUL of Protocol A/P1/7/87 on the 
cultural framework agreement for the 
Economic Community of West African 
States (ECOWAS). 
MINDFUL of the Protocol of free 
movement of persons, right of residence 
and establishment. 
CV_»l^ » V V A A O CUUV^ailUII IVI • I MOl^l o u n u 
Exper ts held in Dakar on 23-25 
September 2002. 
RECOMMENDS 
TO THE AUTHORITY OF H E A D S OF 
STATE AND G O V E R N M E N T to adopt the 
attached draft Decision on the General 
C o n v e n t i o n on r e c o g n i t i o n and 
equivalence of degrees, diplomas, 
Certificates and other qualifications in 
E C O W A S Member States. 
DONE AT DAKAR, THIS 28TH DAY OF 
JANUARY 2003 
HON. CHEIKH TIDIANE GADIO 
/ CHAIRMAN 
FOR COUNCIL 
CONVINCED that harmonization of 
educational and training policies is a key 
factor in the promotion of cultural and 
scientific exchanges with the framework 
of sub-regional cooperation. 
CONVINCED that recognition of degrees 
and of their equivalence is a prerequisite 
for increased mobility of students, 
teachers and specialists and a means of 
accelerating development in the field of 
education and achieving sub-regional 
integration. 
DESIRING to promote sub-regional 
c o o p e r a t i o n wi th rega rd to the 
assessment and recognition of degrees, 
d i p l omas , ce r t i f i ca tes and other 
qual i f icat ions, soc ia l and cultural 
integration embarked upon by E C O W A S . 
134 
FORTY-NINTH SESSION OF THE 
COUNCILOF MINISTERS 
DAKAR, 26-28 JANUARY, 2003 
RECOMMENDATION C/REC.5/1/03 
RELATING TO THE ADOPTION OF A 
PLAN OF ACTION TO FACILITATE 
SUB-REGIONAL INTERPRETATION 
OF E D U C A T I O N O B J E C T I V E S 
P U R S U A N T TO S U S T A I N A B L E 
DEVELOPMENT. 
THE COUNCILOF MINISTERS, 
MINDFUL of Article 10, 11 and 12 of the 
E C O W A S Treaty estab l ish ing the 
Author i ty of Head of State and 
Government and defining its composition 
and functions. 
MINDFUL of the provisions of Articles 60¬
66 of the E C O W A S Treaty identify areas 
of cooperation with regard to human 
resources, information, social and cultural 
affairs, and Chapter XII relating to 
cooperation in other areas. 
CONSIDERING that the full development 
of human resources, promotion of 
education and training are pre-requisites 
for the resolution of the socio-economic 
problems is our sub-region and are an 
indispensable part of the mechanism for 
the realization of the objectives of 
E C O W A S . 
CONVINCED that the promotion of 
education and training, socio-economic 
and technological research are all crucial 
for sustainable development. 
MINDFUL of the need to promote quality 
education in our different countries. 
in order to ensure greater integration of 
education and training into strategies for 
sustainable development. 
DESIRING to adopt a Plan of Action to 
guide implementation, coordination and 
overall integration of regional education 
and training strategies for sustainable 
development. 
ON THE PROPOSAL of the Conference 
of E C O W A S Education Ministers and 
Experts held in Daka from 23rd to 25th 
September 2001. 
RECOMMENDS 
TO THE AUTHORITY OF HEADS OF 
STATE A N D G O V E R N M E N T to adopt the 
attached draft Decision relating to the 
Adoption of a Plan of Action to Facilitate 
Sub-Regional Interpretation of Education 
Objectives Pursuant to Sustainable 
Development. 
DONE AT DAKAR THIS 28TH DAY OF 
JANUARY, 2003 
HON. CHEIKH TIDIANE GADIO 
CHAIRMAN 
FOR COUNCIL 
RECOGNISING the need to establish 
within E C O W A S a forum bringing 
together Ministers of Education, experts 
a n d d e v e l o p m e n t p a r t n e r s , for 
consultations, exchanges, and actions, 
with a view to promoting integration in the 
areas of Education and training. 
CONVINCED also of the need to make 
N E P A D the f r a m e w o r k for the 
harmonisation of our education policies, 
135 
DAKAR, 26-28 JANUARY, 2003 States, within the Framework of NEPAD. 
RECOMMENDATION C/REC.6/01/03 
RELATING TO THE ADOPTION OF A 
P L A N O F A C T I O N F O R T H E 
ENHANCEMENT AND REACTIVATION 
OF C U L T U R A L C O O P E R A T I O N 
AMONG MEMBER STATES, WITHIN 
THE FRAMEWORK OF NEPAD. 
THE COUNCIL OF MINISTERS, 
MINDFUL of Article 10, 11 and 12 of the 
Treaty establishing the Authority of Head 
of State and Government and defining its 
composition and functions. 
DONE AT DAKAR THIS 28TH DAY OF 
JANUARY, 2003 
HEIKH TIDIANE GADIO 
CHAIRMAN 
FOR COUNCIL 
MINDFUL of the Declaration of the 
Conference of Ministers of Culture from 
Member States, of 11 May, 2202. 
RECOGNISING that culture is an 
e s s e n t i a l d i m e n s i o n of g e n e r a l 
development. 
CONSCIOUS of the benefits that culture 
can bring to Member States. 
DESIROUS to attain this goal in concept, 
and through plans of action for a dynamic 
and successful cultural cooperation within 
the framework of NEPAD. 
ON THE PROPOSAL of the conference 
of Ministers of Culture which took place in 
Dakar on 0-11 May, 2003. 
RECOMMENDS 
TO THE AUTHORITY OF HEADS OF 
STATE AND G O V E R N M E N T to adopt the 
attached draft Decision relating to the 
136 
FORTY-NINTH SESSION OF THE 
COUNCILOF MINISTERS 
DAKAR, 26-28 JANUARY, 2003 
RECOMMENDATION C/REC.7/01/03 
RELATING TO THE ADOPTION OF THE 
AFRICAN PUBLIC SERVICE CHARTER 
BY ECOWAS MEMBER STATES. 
THE COUNCILOF MINISTERS, 
MINDFUL of Article 10, 11 and 12 of the 
E C O W A S Treaty establishing the Council 
of Ministers and defining its composition 
and functions. 
MINDFUL of the provisions of article 5 of 
the E C O W A S Treaty calling on Member 
States to take all necessary measures to 
harmonise their strategies and polices 
and thus create favourable conditions for 
the attainment of the objectives of the 
Community. 
RECOGNISING the importance of the 
public service sector as the tool for the 
implementation of Government Policies. 
AWARE of the adoption of the African 
Public Service Charter at the Third 
Biennial Pan-African Conference of 
Ministers of the Civil Service held in 
Windhoek, Namibia from 3rd to 5th 
February 2001. 
CONSIDERING that the public services 
must be able to discharge their functions 
effectively, protect the public interest and 
protect human and sustainable economic 
and social development. 
AWARE that the implementation of the 
provisions of the Charter would promote 
probity and efficiency in the performance 
of the public service in our Member 
States. 
DESIRING to enhance professionalism 
and ethics in the Public Services of 
Member States. 
RECOMMENDS 
TO THE AUTHORITY OF HEADS OF 
STATE AND G O V E R N M E N T to adopt the 
attached draft Decision relating to the 
Adoption of the African Public Service 
Charter by E C O W A S Member State. 
DONE AT DAKAR THIS 28TH DAY OF 
JANUARY, 2003 
137 
DAKAR, 26-28 JANUARY, 2003 
RECOMMENDATION C/REC.8/01/03 
RELATING TO PREPARATIONS FOR 
NEGOTIATIONS BETWEEN WEST 
AFRICAN AND THE EUROPEAN 
UNION ON ECONOMIC PARTNERSHIP 
AGREEMENTS (EPAS). 
THE COUNCILOF MINISTERS, 
MINDFUL of Article 10, 11 and 12 of the 
Treaty establishing the Counci l of 
Ministers and defining its composition and 
functions. 
C U U I I U I U I L ; r c t i u i e r s n i p A g r e e m e n t 
(EPAs). 
DONE AT DAKAR THIS 28TH DAY OF 
JANUARY, 2003 
HON. CHEIKH TIDIANE GADIO 
CHAIRMAN 
FOR COUNCIL 
MINDFUL of Decision A/DEC.8/12/99 on 
the enhancement of partnership between 
West Africa and the European Union and 
designating E C O W A S as the institutional 
framework for coordinating relations 
between the two Organisations. 
MINDFUL of Decision A /DEC. 11/12/01 
on negotiations between West African 
members of the A C P Group and the 
European Union on economic partnership 
agreements. 
RECALLING the Cotonou Agreement 
signed on 23 June 2000 setting out 
provisions governing the partnership 
between the European Union and the 
A C P Group. 
CONSCIOUS of the need to clearly define 
the region's priorities, prepare its 
negotiating positions and identify the 
accompanying measures that would 
enable West Africa derive maximum 
benefit from the economic partnership 
agreements. 
ON THE PROPOSAL of the meeting of 
E C O W A S Ministers of Trade and Finance 
held in Cotonou on 11 September 2002; 
RECOMMEND 
TO THE AUTHORITY OF HEADS OF 
STATE AND G O V E R N M E N T to adopt the 
attached draft Decision relating to 
Preparations for negotiations between 
138 
FORTY-NINTH SESSION OF THE 
COUNCIL OF MINISTERS 
ON THE PROPOSAL of the ECOWAS 
Executive Secretariat. 
DAKAR, 26-28 JANUARY, 2003 
RECOMMENDATION C/REC.9/01/03 
R E L A T I N G T O E C O W A S 
REPRESENTATION AT MEETINGS 
WITH THE EUROPEAN UNION WITHIN 
T H E F R A M E W O R K O F T H E 
POLITICAL DIALOGUE BETWEEN 
THE TWO ORGANIZATIONS. 
THE COUNCILOF MINISTERS, 
MINDFUL of Article 10,11 and 12 of the 
Treaty of the Economic Community of 
W e s t A f r i c a n S ta tes ( E C O W A S ) 
establishing the Council of Ministers and 
defining its composition and functions. 
MINDFUL of Decision A/Dec.8/12/99 on 
the enhancement of partnership between 
West Africa and the European Union and 
designating E C O W A S as the institutional 
framework for coordinating relations 
between West Africa and the European 
Union. 
RECOMMENDS 
TO THE AUTHORITY OF HEADS OF 
STATE AND G O V E R N M E N T to adopt the 
attached draft Decision relating to 
E C O W A S representation at meetings 
with the European Union within the frame 
work of the political dialogue between the 
two (2) organizations. 
FOR COUNCIL 
DONE AT DAKAR THIS 28TH DAY OF 
JANUARY, 2003 
HON. CHEIKH TIDIANE GADIO 
/ CHAIRMAN 
FOR COUNCIL 
MINDFUL of Decision A / D E C . 11/12/01 
relating to the negotiation of a Regional 
E c o n o m i c Par tnersh ip A g r e e m e n t 
between West African A C P States and the 
European Union. 
RECALLING the Cotonou Agreement 
signed on 23 June 2000 setting out 
provisions governing the partnership 
between the European Union and the 
A C P Group. 
CONSCIOUS of the need to designate a 
body that will officially represent 
E C O W A S at meetings with the European 
Union within the framework of the political 
dialogue between the two Organizations. 
DESIROUS of ensur ing ba lanced 
dialogue with the European Union and 
determined to present a united front; 
u u u n v / i i . u r iviiraio i c r to 
DAKAR, 26-28 JANUARY, 2003 
RECOMMENDATION C/REC.10/01/03 
ON THE DEFERMENT OF THE ENTRY 
INTO EFFECT OF THE SUBSTANTIVE 
R E G I M E O F T H E E C O W A S 
COMMUNITY LEVY. 
THE COUNCILOF MINISTERS, 
MINDFUL of Article 10, 11 and 12 of the 
Treaty establishing the Counci l of 
Ministers and defining its composition and 
functions. 
MINDFUL of Article 72 of the E C O W A S 
Treaty introducing a Community Levy to 
generate revenue for financing the 
activities of the Community. 
MINDFUL of Protocol A/P/1/7/96 on the 
conditions governing application of the 
Communi ty Levy adopted by the 
Community on 27th July 1996, and which 
entered into force on 14th March 2000. 
TO THE AUTHORITY OF HEADS OF 
STATE AND G O V E R N M E N T to adopt the 
attached draft Decision on the deferment 
of the entry into effect of the substantive 
regime of the E C O W A S Community levy. 
DONE AT DAKAR THIS 28TH DAY OF 
JANUARY, 2003 
HON. CHEIKH TIDIANE GADIO 
CHAIRMAN 
FOR COUNCIL 
RECALLING Article 19 of the above 
stated Protocol which provides for a 
transitional period of 3 years dating from 
the entry into force of the Protocol which 
should precede a substantive entry into 
effect of the regime of the Levy. 
NOTHING that the substantive regime for 
the implementation of the provisions on 
the Community Levy commences from 
1st January 2003. 
HAVING noted, the improvement in 
Member States, compliance with the 
conditions laid down for the application of 
this levy. 
WISHING to devise, for the Community, a 
strategy that will ensure a smooth 
passage to the substantive regime. 
DESIRING to extend the transition period 
for a limited time for this purpose. 
ON THE PROPOSAL of the forty-ninth 
session of the Council of Ministers held in 
Dakar from 26th to 28th January 2003. 
140 
FORTY-NINTH SESSION OF THE 
COUNCIL OF MINISTERS 
DAKAR, 26-28 JANUARY, 2003 
RECOMMENDATION C/REC.11/01/03 
RELATING TO THE PAYMENT OF 
DUTY ALLOWANCE TO THE VICE-
PRESIDENT OF THE COMMUNITY 
COURT OF JUSTICE. 
THE COUNCIL OF MINISTERS, 
MINDFUL of Article 10,11 and 12 of the 
Treaty of the Economic Community of 
W e s t A f r i c a n S ta tes ( E C O W A S ) 
establishing the Council of Ministers and 
defining its composition and functions. 
MINDFUL of Article 15 of the Treaty 
establishing the Community Court of 
Jus t i ce as an Institution of the 
Community. 
MINDFUL of Protocol A/P1/7/91 on the 
Community Court, in particular its Article 
28 relat ing to the remunerat ion, 
allowances and other benefits of the 
President and other members of the 
Court. 
DESIRING to pay the Vice-President of 
the Cour t an a l l owance that is 
commensurate to the status of the Vice-
President of an International Court. 
RECOMMENDS 
TO THE AUTHORITY OF HEADS OF 
STATE AND G O V E R N M E N T to adopt the 
attached draft Decision relating to the 
payment of Duty Allowance to the Vice-
President of the Community Court of 
Justice. 
DONE AT DAKAR THIS 28TH DAY OF 
JANUARY, 2003 
HON. CHEIKH TIDIANE GADIO 
/ CHAIRMAN 
FOR COUNCIL 
MINDFUL of Decision A / D E C . 1/2/00 
appointing the seven (7) judges of the 
Court who took their oath of office before 
the Chairman of the Authority in Bamako 
on 30 January, 2001 
RECOGNISING the duty of the 
Community Court with regard to the 
dispensation of justice and protection of 
the rights and interests of Community 
citizens and institutions with a view to 
advancing the economic, political and 
social of the peoples of WestAfrica. 
MINDFUL of Decision A/DEC.3/12/01 
grant ing the status of s tatutory 
appointees to the judges of the Court. 
MINDFUL of Decision A/DEC.20/12/01 
relating to the Annual Salaries of the 
Judges of the Community Court of Justice 
in which it is also stated that the Vice 
President of the Court shall be paid duty 
allowance in addition to his salary. 
DONE DAKAR, 26-28 JANUARY, 2003 
RECOMMENDATION C/REC.12/01/03 
ESTABLISHING AN ECOWAS LIAISON 
OFFICE IN BRUSSELS. 
THE COUNCILOF MINISTERS, 
MINDFUL of Article 10,11 and 12 of the 
Treaty of the Economic Community of 
W e s t A f r i c a n S ta tes ( E C O W A S ) 
establishing the Council of Ministers and 
defining its composition and functions. 
MINDFUL of Decision A/DEC.8/12/99 on 
partnership between West Africa and the 
European Union and des ignat ing 
E C O W A S as the institutional framework 
for coordinating relations between West 
Africa and the European Union. 
MINDFUL of Decision A / D E C . 11/12/01 
negotiations between West African 
members of the A C P Group and the 
European Union on economic partnership 
agreements. 
RECALLING the Cotonou Agreement 
signed on 23 June 2000 setting out 
provisions governing the partnership 
between the European Union and the 
A C P Group. 
RECALLING ALSO the recommendation 
relating to the establishment of E C O W A S 
liaison offices in Brussels and Geneva 
issued by the meeting of E C O W A S 
Ministers of Trade on Post-Seattle 
matters held in Bamako on 29 January 
2 0 0 0 in t h e m a r g i n s of t h e 
E C O W A S / U E M O A ministerial meeting on 
the acceleration of the integration process 
in West Africa. 
MINDFUL of the relations between the 
regional organizations and institutions 
invo lved in A C P - E U coopera t i on 
(European Commission, Committee of 
Ambassadors, A C P Secretariat, Centre 
for Deve lopmen t of E n t e r p r i s e s , 
Technical Agricultural Centre) which are 
now more direct and stronger. 
negotiations on economic partnership 
agreements began in Brussels on 27 
September 2002 and will last until 
September 2007. 
C O N S I D E R I N G t h e E C O W A S 
assistance is being solicited more and 
more frequently by representative of 
Member States and the Group of 
Ambassadors in Brussels in their 
negotiations with the European Union. 
RECOGNISING the need to closely 
monitor the cooperat ion with the 
Eu ropean Union and to prepare 
adequately for the negotiations on the 
economic partnership agreements. 
DESIROUS of putting West Africa in a 
position where it would derive maximum 
benefit from the economic partnership 
agreements and its partnership with 
parties to the A C P - E U cooperation. 
ON THE PROPOSAL of the twenty-
eighth meeting of the Administration and 
Finance Commission held in Abuja from 
18to25November2002. 
RECOMMENDS 
TO THE AUTHORITY OF HEADS OF 
STATE AND G O V E R N M E N T to adopt the 
attached draft Decision relating to the 
establishment of an E C O W A S liaison 
Office in Brussels. 
DONE AT DAKAR THIS 28TH DAY OF 
JANUARY, 2003 
HON. CHEIKH TIDIANE GADIO 
CHAIRMAN 
FOR COUNCIL 
142 
FORTY-NINTH SESSION OF THE 
COUNCIL OF MINISTERS 
DAKAR, 26-28 JANUARY, 2003 
RECOMMENDATION C/REC.13/01/03 
RELATING TO THE ESTABLISHMENT 
OF A REGIONAL ROAD TRANSPORT 
AND T R A N S I T FACIL ITATION 
PROGRAMME IN SUPPORT OF INTRA-
COMMUNITY TRADE AND CROSS-
BOARDER MOVEMENTS 
THE COUNCILOF MINISTERS, 
MINDFUL of Article 10, 11 and 12 of the 
E C O W A S Treaty establishing the Council 
of Ministers and defining its composition 
and functions. 
MINDFUL Article 32 of the E C O W A S 
Treaty relating to cooperation in transport, 
communication and tourism. 
MINDFUL of Decision A/DEC.20/5/80 of 
the E C O W A S Authority of Heads of State 
and Government dated 29th May 1980 
relating to the Community Transport 
Programme. 
MINDFUL of Decision C/DEC.8/12/88 of 
the Council of Ministers on the Second 
Phase of E C O W A S road projects relating 
to the interconnection of roads for the 
opening up of the land-locked countries. 
CONSIDERING Protocol A/P2/5/82 on 
the Convention Regulating Inter-State 
road Transportation between E C O W A S 
Member States; 
MINDFUL of Protocol A/P4/5/82 relating 
to the Convention on Inter-State Road 
Transportat ion between E C O W A S 
Member States. 
costs in order to encourage trade. 
ON the proposal of the 2nd meeting of the 
Transport Communication and Tourism 
Commission. 
RECOMMENDS 
TO THE AUTHORITY OF HEADS OF 
STATE AND G O V E R N M E N T to adopt the 
attached draft Decision hereto attached 
relating to the Establishment of a regional 
road transit facilitation programme in 
support of intra-community trade and 
cross-border movements. 
DONE AT DAKAR THIS 28TH DAY OF 
JANUARY, 2003 
HON. CHEIKH TIDIAHE GADIO 
/ CHAIRMAN 
FOR COUNCIL 
MINDFUL of Resolution C/RES.5/5/90 on 
the maximum permissible axle load. 
A W A R E of the S u p p l e m e n t a r y 
Convention A/SP.1//5/90 establishing a 
Community guarantee mechanism for 
Inter-State Road Transit of Goods. 
MINDFUL of the emergence of NEPAD 
and its objectives to reduce transport 
143 
DAKAR, 26-28 JANUARY, 2003 
RECOMMENDATION C/REC.14/01/03 
RELATING TO THE PLAN OF ACTION 
FOR THE HARMON ISATION OF 
NATIONAL ACCOUNTS IN MEMBER 
STATES. 
THE COUNCILOF MINISTERS, 
MINDFUL of Article 10,11 and 12 of the 
Treaty of the Economic Community of 
W e s t A f r i c a n S ta te ( E C O W A S ) 
establishing the Council of Ministers and 
defining its composition and functions. 
MINDFUL of Article 3,4,5,51 and 55 of the 
Treaty relating to the establishment of the 
Community Economic and Monetary 
Union. 
MINDFUL of the Decision A/DEC.2/7/7 of 
the Authority of Heads of State and 
Government relating to the adoption of an 
E C O W A S Mone ta ry C o o p e r a t i o n 
Programme, for the establishment of a 
Single Monetary Zone with ECOWAS. 
MINDFUL of the Decision A/DEC.7/12/99 
of the Authority of Heads of State and 
Government relating to the adoption of 
macroeconomic convergence criteria 
within the framework of the E C O W A S 
Monetary Cooperation Programme. 
M I N D F U L o f t h e D e c i s i o n 
A /DEC. 17/12/01 of the Authority of Head 
of State and Government relating to the 
e s t a b l i s h m e n t of a mu l t i l a t e ra l 
surveillance mechanism of E C O W A S 
Member States' economic and financial 
policies. 
MINDFUL of the Decision A/DEC.11/7/96 
of the Authority of Heads of State and 
Government relating to the adoption of an 
ECOWAS Statistics Policy. 
MINDFUL of the need for comparable 
economic data to guarantee the credibility 
of the E C O W A S multilateral surveillance 
mechanism. 
^ . . v - v ^ i o ui oicuisucs, ai tneir meeting in 
Lome from 16 to 20 September 2002; 
RECOMMENDATIONS 
TO THE AUTHORITY OF HEADS OF 
STATE AND G O V E R N M E N T to adopt the 
attached draft Decision relating to the 
plan of Action for the Harmonisation of 
National Accounts in Member States. 
DONE AT DAKAR THIS 28TH DAY OF 
JANUARY, 2003 
144 
FORTY-NINTH SESSION 
COUNCILOF MINISTERS 
OF THE 
DAKAR, 26-28 JANUARY, 2003 
RECOMMENDATION C/REC.15/01/03 
ON THE PLAN OF ACTION FOR THE 
HARMONISATION OF CONSUMER 
PRICE INDICES IN MEMBR STATES. 
THE COUNCIL OF MINISTERS, 
ON THE PROPOSAL of the E C O W A S 
Directors of Statistics, at their meeting in 
Lome from 16 to 20 September 2002; 
RECOMMENDATIONS 
TO THE AUTHORITY OF HEADS OF 
STATE AND G O V E R N M E N T to adopt the 
attached draft Decision relating to the 
plan of Action for the Harmonisation of 
National Accounts in Member States. 
MINDFUL of Article 10, 11 and 12 of the 
E C O W A S Treaty establishing the Council 
of Ministers and defining its composition 
and functions. 
MINDFUL of Article 3,4,5,51 and 55 of the 
Treaty relating to the establishment of the 
Community Economic and Monetary 
Union. 
MINDFUL of the Decision A/DEC.2/7/7 of 
the Authority of Heads of State and 
Government relating to the adoption of an 
E C O W A S Mone ta ry C o o p e r a t i o n 
Programme, for the establishment of a 
Single Monetary Zone with E C O W A S . 
MINDFUL of the Decision A/DEC.7/12/99 
of the Authority of Heads of State and 
Government relating to the adoption of 
macroeconomic convergence criteria 
within the framework of the E C O W A S 
Monetary Cooperation Programme. 
M I N D F U L o f t h e D e c i s i o n 
A /DEC. 17/12/01 of the Authority of Head 
of State and Government relating to the 
e s t a b l i s h m e n t of a mu l t i l a t e ra l 
surveillance mechanism of E C O W A S 
Member States' economic and financial 
policies. 
MINDFUL of the Decision A/DEC.11/7/96 
of the Authority of Heads of State and 
Government relating to the adoption of an 
E C O W A S Statistics Policy; 
MINDFUL of the need for comparable 
economic data to guarantee the credibility 
of the E C O W A S multilateral surveillance 
mechanism. 
DONE AT DAKAR THIS 28TH DAY OF 
JANUARY, 2003 
HON. CHEIKH TIDIANE GADIO 
CHAIRMAN 
FOR COUNCIL 
DAKAR, 26-28 JANUARY, 2003 
RECOMMENDATION C/REC.16/01/03 
R E L A T I N G T O T H E 
TRANSFORMATION OF THE WEST 
AFRICAN WOMEN ASSOCIATION 
(WAWA) INTO T H E " E C O W A S 
GENDER DEVELOPMENT CENTRE" 
THE COUNCILOF MINISTERS, 
MINDFUL of Article 10, 11 and 12 of the 
E C O W A S Treaty establishing the Council 
of Ministers and defining its composition 
and functions. 
CONSIDERING R e c o m m e n d a t i o n 
A/Rec/1/5/83 of the Authority on the 
mobilization of the various social classes 
in the integration process. 
MINDFUL of Decision A/Dec.4/7/87 on 
the Approval of the Statutes of the West 
African Women Association WAMA). 
MINDFUL of Decision A/Dec.3/7/87 on 
the Granting of the status of specialized 
Institutions of E C O W A S to WAMA; 
CONSCIOUS of the need to involved our 
people in the building of the Community 
and the need to promote the integration 
and participation of women in the 
economic and socia l development 
endeavours. 
TO THE AUTHORITY OF HEADS OF 
STATE AND G O V E R N M E N T to adopt the 
attached draft Decision relating to the 
Transformation of the West African 
Women's Association (WAWA) into the 
"ECOWAS Gender development Centre". 
DONE AT DAKAR THIS 28TH DAY OF 
JANUARY, 2003 
HON. CHEIKH TIDIANE GADIO 
/ CHAIRMAN 
FOR COUNCIL 
RECALLING Article 4(b) of the statutes of 
WAMA which assigns to WAWA the task 
of mobilizing and involving women in the 
sub-region in the Community building 
process. 
DESIRING therefore to reinforce the 
capacity of WAWA as a specialized 
Technical Institution of the Community to 
contribute to the development of Gender 
related issues within our sub-region. 
ON THE PROPOSAL of the meeting of 
Ministers of Women Affairs of E C O W A S 
Member States that held in Abuja, 9 
December, 2003. 
146 
FORTY-NINTH SESSION OF THE 
COUNCIL OF MINISTERS 
DAKAR, 26-28 JANUARY, 2003 
RECOMMENDATION C/REC.17/01/03 
RELATING TO THE ADOPTION OF AN 
ECOWAS PROTOCOL ON ENERGY 
THE COUNCILOF MINISTERS, 
MINDFUL of Article 10, 11 and 12 of the 
E C O W A S Treaty establishing the Council 
of Ministers and defining its composition 
and functions. 
MINDFUL of Article 3,26,28 and 55 of the 
E C O W A S Treaty which call for the 
promotion, cooperation, integration and 
development of energy projects and 
sectors of Member of the Community. 
MIN DFUL of Decision A /DEC. 3/5/82 of 29 
May, 1982 relating to the E C O W A S 
Energy Policy. 
RECONGNISING the need to jointly 
develop the energy resources of 
Members States in order to provide a 
much need infrastructure and thus create 
a solid basis for industrialization. 
RECALLING Decision A/Dec.5/12/99 
relating to the establishment of the West 
African Power Pool (WAPP) and Decision 
A / D e c / 8 / 1 2 / 0 1 r e l a t i n g to t he 
establishment of a mechanism for 
financing the WAPP. 
WISHING to secure regionally efficient 
and reliable sources of electricity and 
other forms of energy. 
RECOGNISING the basic concept of the 
Energy Charter adopted in 1994 by 51 
nations in Europe and Asia, which in the 
E C O W A S context would help promote 
Economic growth by means of measures 
to liberalize energy investment and trade 
in energy. 
CONSIDERING that Member States are 
determined to progressively remove 
technical administrative and other 
barriers to trade in electricity, gas, and 
other energy materials and energy related 
equipment, technologies and services. 
DESIROUS of adopting an instrument 
that will embody necessary concepts 
which will further cooperation among 
Member States and promote the West 
African regional environment as an 
attractive place for investment, especially 
in the energy sector. 
ON the proposal of the Fourth Meeting of 
the Steering Committee on Energy held at 
Conakry on 18th October, 2002. 
RECOMMENDS 
TO THE AUTHORITY OF HEADS OF 
STATEAND G O V E R N M E N T to adopt the 
attached draft Decision adopting the 
E C O W A S Protocol on Energy. 
DONE AT DAKAR THIS 28TH DAY OF 
JANUARY, 2003 
HON. CHEIKH TIDIANE GADIO 
/ CHAIRMAN 
FOR COUNCIL 
147 
DAKAR, 26-28 JANUARY, 2003 
RECOMMENDATION C/REC.18/01/03 
RELATING TO THE POSTPONEMENT 
OF THE DATE FOR THE CREATION OF 
THE ECOWAS SINGLE MONETARY 
ZONE. 
THE COUNCILOF MINISTERS, 
MINDFUL of Article 10,11 and 12 of the 
E C O W A S Treaty establishing the Council 
of Ministers and defining its composition 
and functions. 
MINDFUL of Decision A/DEC.2/7/87 on 
the adoption of an E C O W A S monetary 
cooperation programme which envisages 
the creation of a single monetary zone 
within E C O W A S . 
MINDFUL of Decision A/DEC.7/12/99 
relating to the adoption of macro-
economic convergence criteria within the 
framework of the E C O W A S monetary 
cooperation programme. 
M I N D F U L o f D e c i s i o n 
H S / Z A M A O / D E C . 1 / 1 2 / 2 0 0 0 of the 
Second Summit of Heads of State and 
Government of the Second Monetary 
Zone (WAMZ) adopting the legal texts for 
the establishment of the WAMZ and its 
institutions. 
RECALLING the importance that the 
Member States of the Community attach 
to the realization and enhancement of the 
economic integration process in general 
and monetary integration in particular. 
C O N S I D E R I N G t he d i f f i c u l t i e s 
encountered by Member States in 
attaining macro-economic convergence 
on the date initially scheduled, which is a 
necessary condition for the creation of a 
credible monetary union. 
AWARE that the creation of the E C O W A S 
single monetary zone in 2004 is not 
feasible. 
a n u vjuveiiimeni onne second Monetary 
Zone (WAMZ) held at Conakry on 6 
November 2002 which differed the date 
for the creation of the second monetary 
zone to July 2005. 
DESIROUS of formulating a sounder 
E C O W A S m o n e t a r y c o o p e r a t i o n 
programme to allow Member States 
sufficient time for adjusting their 
economies. 
DETERMINED to fully implement the 
convergence measures as well as the 
practical modalities for organizing and 
introducing the multilateral surveillance 
prior to the creation of a single monetary 
zone. 
ON THE PROPOSAL of the Committee of 
Governors of Central Banks. 
RECOMMENDS 
TO THE AUTHORITY OF HEADS OF 
STATE AND G O V E R N M E N T to adopt the 
attached draft Decision relating to the 
postponement of the date for the creation 
of the E C O W A S single Monetary Zone. 
DONE AT DAKAR THIS 28TH DAY OF 
JANUARY, 2003 
HON. CHEIKH TIDIANE GADIO 
CHAIRMAN 
FOR COUNCIL 
TAKING INTO ACCOUNT the decision of 
148 
FORTY-NINTH SESSION OF THE 
COUNCILOF MINISTERS 
RECOMMENDS 
DAKAR, 26-28 JANUARY, 2003 
RECOMMENDATION C/REC.19/01/03 
RELATING TO THE DESIGNATION OF 
MEMBERS OF THE COUNCIL OF 
ELDERS 2003. 
THE COUNCILOF MINISTERS, 
MINDFUL of Article 10, 11 and 12 of the 
Treaty establishing the Counci l of 
Ministers and defining its composition and 
functions. 
MINDFUL of the Protocol relating to the 
Mechanism for Conflict Prevention, 
Management, resolution, Peace-keeping 
and Security (the Protocol) adopted in 
Lome on 10 December, 1999. 
MINDFUL of Artie les 15 and 20 of the 
Protocol relating to the functions of the 
Executive Secretary and the composition 
and mandate of the Council of Elders 
respectively. 
CONCERNED by the various conflicts 
which persist within several of the 
Member States. 
TO THE AUTHORITY OF HEADS OF 
STATE AND G O V E R N M E N T to adopt the 
attached draft Decision relating to the 
designation of members of the Council of 
elders for 2003. 
DONE AT DAKAR THIS 28TH DAY OF 
JANUARY, 2003 
h o n . S h e i k h t i d i a n e g a d i o 
/ CHAIRMAN 
FOR COUNCIL 
DESIRING to implement all the aspects of 
the Protocol including the establishment 
of a Council of elders, members of which 
will act a mediators, conciliators and 
facilitators in Member States that are in 
crisis. 
NOTHING that the tenure of the mandate 
of the 2001-2002 Council of Elders has 
expired. 
DESIRING to designate new members of 
that Council for the year 2003. 
ON THE PROPOSAL of the Meeting of 
Ministers of Foreign Affairs held in Dakar 
on 28th and 30th January 2003. 
TWENTY-SIXTY SESSION OF THE 
AUTHORITY OF HEADS OF STATES 
AND GOVERNMENT 
DAKAR, 31 JANUARY 2003 
RESOLUTION A/RES.1/01/03 
APPEAL FOR A RETURN TO PEACE IN 
COTED'IVOIRE 
THE AUTHORITY OF HEADS OF STATE 
AND GOVERNMENT; 
MINDFUL of Article 7, 8 and 9 of the 
Treaty relating to the Authority of Heads of 
State and Government. 
DEEPLY concerned about the crisis that 
has persisted in Cote d'lvoire since 19 
September 2003. 
PROFOUNDLY d i s tu rbed by the 
increased tension in several parts of Cote 
d'lvoire since 27 January 2003. 
DEPLORING the hardship resulting from 
the frequent violations of human rights in 
Cote d'lvoire since 19 September 2002. 
C O N C E R N E D a b o u t the t r a g i c 
consequence of the crises on vulnerable 
groups. 
CONSCIOUS of the enormous risks to the 
economic and social life of Cote d'lvoire, 
and the resultant insecurity and instability 
engendered by a prolonged state of crisis. 
EQUALLY CONSCIOUS of the negative 
repercussions of the Ivorian crisis on all 
the States of the sub-region. 
Therefore, appeals to all Ivoriansto: 
Allow wisdom and restraint to 
prevail, and give s i n g u l a r 
priority to the interests of Cote 
d'lvoire. 
forgiving, tolerant and united. 
The Authority urge the civil, military and 
religious authorities of Cote d'lvoire at all 
levels to create a conducive environment 
for the restoration of peace, security, unity 
and national cohesion. 
The Authority pays tribute to its Chairman, 
the E C O W A S Conract Group, its 
Coordinator, and the Malian and French 
initiatives, as well as those who have 
showed, and continue to show good faith, 
commitment and skill of the return of 
peace to Cote d'lvoire. 
DONE AT DAKAR, THIS 31 ST DAY OF 
JANUARY 2003 
HON. CHEIKH TIDIANE GADIO 
CHAIRMAN 
FOR COUNCIL 
The Authority urges all Ivorians to embark 
upon a process of true national 
reconciliation, with the aim of maintaining 
their force, unity and prosperity. In this 
regard, the Authority urges Ivorians ro be 
150 
FORTY-NINE SESSION OF THE 
COUNCILOF MINISTERS 
Dakar, 26-28 January 2003 
R E S O L U T I O N C / R E S . 110110 3 
RELATING TO THE USE OF THE 
LIQUID RESOURCES FROM THE 
COMMUNITY FOR PAYMENT OF THE 
FIRST TRANCHE OF THE CAPITAL OF 
EBID 
THE COUNCILOF MINISTERS 
MINDFUL of Articles 1o, 11 and 12 of the 
rev ised Treaty of the E c o n o m i c 
Community of West African States 
(ECOWAS) establishing the Council of 
Ministers and defining its composition and 
functions. 
MINDFUL of Protocol A/P. 1/7/96 of July 
1996 on the conditions governing the 
application of the community Levy 
specifically, Article 19.5 on use of the 
surplus from Community Levy. 
MINDFUL of Decisions A/DEC.2/6/88 
and A/DEC.10/6/89 of the Authority of 
Heads of State and Government relating 
to the study on the Enhancement of the 
Financial resources of E C O W A S FUND. 
MINDFUL of Decision A/DEC.4/12/99 of 
the Authority relating to the transformation 
of E C O W A S FUND into a Regional 
Holding Company. 
MINDFUL of Decision A /DEC. 13/12/01 of 
the Authority of Heads of State and 
Government declaring as due the first 
tranche of the called-up capital of the 
E C O W A S Bank for Investment and 
Development (EBID). 
C O N S I D E R I N G t h a t D e c i s i o n 
A /DEC. 13/12/01 of the Authority of Heads 
of State and Government entered into 
force therefore the first tranche of called-
up capital of EBID has become and arrear 
of contribution for Member States. 
its subsidiaries to take of on solid bases; 
C O N S I D E R I N G that s i g n i f i c a n t 
resources collected in the previous years 
are available in the Central Bank of 
Member States. 
HAVING EXAMINED the Report of the 
twenty-second Meeting of the Ad hoc 
M i n i s t e r i a l C o m m i t t e e on the 
Enhancement of the Financial Resources 
of the FUND; 
ON THE RECOMMENDATION of the 
Pres iden t of E C O W A S Bank for 
Investment and Development (EBID). 
INVITES members states to apply the 
resources they collected as Community 
Levy to pay the first tranche of the called-
up capital of E C O W A S Bank for 
Investment and Development (EBID). 
INSTRUCTS the Executive Secretary 
and the President of E C O W A S Bank for 
Investment and Development (EBID) to 
ensure the constant monitoring of the 
present resolution. 
DONE AT DAKAR THIS 28TH DAY OF 
JANUARY 2003 
HON. CHEIKH TIDIANE GADIO 
CHAIRMAN 
FOR COUNCIL 
CONSIDERING the urgent need for the 
payment of the first tranche of the called-
up capital of EBID to enable the Bank and 
151 
ON THE WEST AFRICAN GAS 
PIPELINE PROJECT 
H i s E x c e l l e n c y C h i e f O l u s e g W j i O B A S A N J O 
President and Commander-in-Chief of the Armed 
Forces of the Federal Republic of Nigeria 
BETWEEN 
THE REPUBLIC OF BENIN 
jceellenGV(^n»singbe EYADEMA 
President of the Togolese Republic 
AND 
THE REPUBLIC OF GHANA 
IN THE P R E S E N C E OF 
The Executive secretary of ECOWAS 
AND 
THE FEDERAL REPUBLIC OF 
NIGERIA 
AND 
THE TOGOLESE REPUBLIC 
IN W I T N E S S W H E R E O F , t h e 
undersigned, being duly authorized by 
their respective Government have signed 
this Treaty. 
Signed at Dakar, this 31st January, 2003, 
in six (6) authentic texts in the English and 
French language. 
Dr. Mohamed Ibn CHAMBAS 
E x c B l M t y Mar 
ktent 0f tf>e Rep 
His 
President 
t M e u K £ R £ K O U 
epubl ic o f Benin 
152 
TWENTY SIXTH SESSION OF THE 
AUTHORITY OF HEADS OF STATE 
AND GOVERNMENT 
Dakar 31 January 2003 
FINAL COMMUNIQUE 
1. The twenty sixth ordinary session of 
the Authority of Heads of State and 
Government of the E c o n o m i c 
Community of West African States 
(ECOWAS) was held in Dakar on 31 
J a n u a r y 2 0 0 3 u n d e r t h e 
Chairmanship of His Excellency 
MaitreAbdoulaye Wada. President of 
the Republic of Senegal and current 
Chairman of E C O W A S . 
2. The following Heads of State and 
Government of their duly accredited 
representatives were present at the 
session. 
His Excellency Mathieu Kerekou 
President of the Republic of Benin 
His Excellency John Agyekum Kufuor 
President of the Republic of Ghana 
His Excellency Koumba Yalla 
President of the Republic of Liberia 
His Excellency Amadou Toumani Toure 
President of the Republic of Mali 
His Excellency Mamadou Tandja 
President of the Republic of Niger 
His Excellency Olusegun Obasanjo 
President of the Federal Republic of 
Nigeria 
His Excellency Abdoulaye Wade 
President of the Togolese Republic 
Her Excellency Isatou Njie-Saidy 
Vice-President of the Republic of 
the Gambia Representing the President 
of the Republic. 
His Excellency Ernest Paramanga Yonli 
Prime Minister Representing the 
President of Faso 
His Excellency Lamine Sidime 
Prime Minister of the Republic of 
Guinea, Representing the President 
of the Republic. 
Mrs. FatimaVeiga 
Minister of Foreign Affairs and 
Cooperation Representing the President 
of Cabo Verde 
Mr. Leon Emmanuel Monnet 
Minister of Mines and Energy 
Representing the president of the 
republic of Cote d'lvoire 
Mr. Momodou Koroma 
Minister of Foreign Affairs and 
International Cooperation Representing 
the President of the Republic of Sierra 
Leone. 
3. The following eminent persons 
were also present at the twenty-
sixth session as observers. 
The representative of the United 
Nations Secretary General 
The Deputy Secretary General 
Special representatives of the 
U n i t e d N a t i o n s S e c r e t a r y 
General for Children and Armed 
Conflict. 
The R e p r e s e n t a t i v e of the 
S e c r e t a r y g e n e r a l of the 
Organisation of African Unity, 
Interim President of the African 
Union Commission (OAU/Africa 
Union) 
The Secretary General of the 
C E N - S A D 
The Secretary General of the 
Economic Community of Central 
Africa States (ECCAS) 
The President of the Committee of 
Governors of west African Central 
Bank Governor of the Central Bank 
of Sierra Leone 
The representative of the African 
Development Bank (ADB) 
The r e p r e s e n t a t i v e of the 
European Union 
153 
MTncan B u s i n e s s K o u n a i a D i e 
(ABR) 
4. A list of participants is attached to 
this report. 
OPENING CEREMONING 
The opening address was delivered by 
His Excellency Maitre Abdoulaye Wade 
President of the Republic of Senegal, and 
current Chairman of E C O W A S and 
UEMOA. A response was made by His 
E x c e l l e n c y O l u s e g u n O b a s a n j o 
President of the Federal Republic of 
Nigeria on behalf of the other Heads of 
State and Government. The Authority 
decided that these addresses should be 
retained as working documents. The 
Heads of State and Government 
rea f f i rmed the i r c o m m i t m e n t to 
strengthening regional peace and 
security, and to make E C O W A S a 
powerful medium for the promotion of 
integration and the development of the 
e c o n o m i e s of the W e s t A f r i c a n 
economies within the framework of 
NEPAD. 
Messages of support and encouragement 
were addressed to the 26th summit of 
Heads of State and Government by the 
D e p u t y S e c r e t a r y . S p e c i a l 
Representative of the United Nations 
Secretary General for Children and 
Armed Conflict. Messages were also 
received from the Representatives of the 
United Nations Secretary General, the 
Representative of the OAU and interim 
P r e s i d e n t of the A f r i c a n U n i o n 
Commission. 
ACCELERATING THE REGIONAL 
INTEGRATION PROCESS 
E C O W A S Programmes 
The Authority adopted the reports of the 
E x e c u t i v e S e c r e t a r y , t h e 6 t h 
extraordinary session of the Council of 
Ministers. The 49th ordinary session of 
the Council of Ministers, the ad hoc 
tnnancement OT tne Kesources of the 
E C O W A S Fund and the meeting of 
Ministers of Foreign Affairs, the thrust of 
these reports may be listed as follows: 
C r e a t i o n of the E C O W A S 
Common Market 
Creation of the single monetary 
zone 
Trade negot iat ions with the 
Eu ropean Un ion within the 
framework of the EPAs 
Creat ion of a West Afr ican 
representation within t h e 
framework of it dialogue with the 
European Union 
Sartorial production programmes 
and infrastructure 
Human development programmes 
Admin is t ra t ive and f inancia l 
matters 
Enhancement of the financial 
resources of the E C O W A S Fund 
Regional peace and security. 
During the deliberations of the Authority 
the focus of attention was on economic 
and institutional matters peace and 
security. 
ECONOMIC MATTERS 
Implementation of NEPAD 
The Heads of State and Government 
reaffirmed their commitment to the 
objectives, orientations and priorities of 
NEPAD, which is the most appropriate 
instrument for the integration and 
development of the economies of the 
African continent, and for the release of 
the African peoples from the grip of 
poverty. 
The Authority decided to take appropriate 
measures to enable the West Af rican sub-
region to derive the utmost benefit from 
154 
the N E P A D cont inental ini t iat ive. 
Referring to the Declaration and Plan of 
Action for NEPAD implementation in West 
Africa which were adopted at the 
extraordinary meeting of the Authority in 
Yamoussoukro on 17 May 2002, when 
E C O W A S w a s d e s i g n a t e d the 
coordinator and monitoring agency for the 
implementation of NEPAD programmes in 
West Africa, the Authority called on the 
Executive Secretariat and the Member 
States to take appropriate action to 
ensure the creation of NEPAD focal points 
in all the Member States. 
The Authority thanked its development 
partners for their assistance to the 
Executive Secretariat in setting up the 
regional NEPAD implementation unit at 
the offices of the Secretariat and 
rendering it functional. 
The Authority expressed satisfaction at 
the fact that NEPAD has been well 
received by the G8. It appealed to the 
members of the G8 group to make good 
on the promises made at their summits in 
Genoa in 2001, and Kananaskis in 2002. 
T h e M o n e t a r y C o o p e r a t i o n 
Programme 
In addressing the issue of a single 
E C O W A S monetary zone, the authority 
reaffirmed the relevance of the initiative 
taken by the E C O W A S Member States 
outside the West African Economic and 
Monetary Union (UEMOA) to create a 
second monetary zone as part of the fast-
track approach to the creation of a single 
E C O W A S monetary zone. The Heads of 
State and Government commended the 
determination of the countries of the 
second monetary zone to create their own 
common currency. 
However, the Authority took note of the 
progress report on the macroeconomic 
convergence programme which reveals 
that the achievement of a monetary union 
by 2004 is not possible in view of the 
macroeconomic and political instability of 
some of the countries. The Authority also 
emphasized the fact that the decision of 
the summit of Heads of State of the 
second monetary zone held in Conakry 
on 6 November 2002, to defer the launch 
date for their monetary zone till 2005, 
makes it impossible to meet the 2004 
deadline for the realization of the single 
currency. 
Consequently the Authority decided to 
push the launching of the single monetary 
zone beyond the target date of 2004. It 
was decided that a firm date will be fixed 
at the meeting of the Authority in 2005. 
After a detai led appraisal of the 
performance of the countries of the 
second monetary zone and the level of 
convergence of the economies of the sub-
region as a whole. 
The Heads of State and Government 
emphasized the need to enhance the 
convergence of the macroeconomic 
policies and performances of the Member 
States in order to build up the credibility of 
the proposed E C O W A S single currency 
zone. In this regard, they called on all 
Member States to redouble their efforts to 
meet the macroeconomic convergence 
criteria guided by the principles of good 
governance, through public finance 
reforms and the introduction of the 
appropriate structural reforms needed for 
the expansion of their production base. 
THE ECOWAS COMMON MARKET 
The Authority expressed its satisfaction at 
the h a r m o n i z a t i o n of the t rade 
liberalization schemes of E C O W A S and 
UEMOA as attested to by the adoption of 
common rules of origin, the new 
certificate of origin, and new approval and 
compensation procedure for loss of 
customs revenue. This opens up new 
perspectives for the creation of a single 
regional market in WestAfrica. The Heads 
of State and Government called on the 
E C O W A S Executive Secretary and the 
President of the U E M O A Commission to 
build upon the cooperation thus initiated. 
The Authority strongly urged the Member 
States to take concrete measures 
towards the creation of the single regional 
liberation scheme, and the alignment ot 
the national customs tariffs with the 
UEMOA tariff, which is the basis of the 
E C O W A S Common External Tariff (CET) 
Free Movement of Persons 
The Authority noted with egret the 
repeated violations of the provisions of 
the protocol on free movement of persons 
right of residence and establishment by 
some Member States. The Authority 
particularly deplored the presence of 
numerous check-points along the West 
African highways. The Heads of State 
urged Member States to take necessary 
measures to have these check points 
removed and ensure the faithful 
application of the provisions of the 
protocol without further delay. The 
Author i ty d i rec ted the Execu t i ve 
S e c r e t a r i a t to m o n i t o r p r o p e r 
implementation of these protocols, and 
report accordingly to the next session of 
the Council of Ministers. 
THE E C O W A S P A S S P O R T 
The Heads of State and Government 
commended the Republic of Benin and 
the Republic of Senegal for putting into 
circulation the E C O W A S passport, which 
confers E C O W A S citizenship. The 
Heads of State and Government urged 
the other Member States to take 
necessary action to put the passport into 
use in the shortest possible time. 
The Community Levy 
The Authority took note of the importance 
of implementing the Protocol on the 
Community levy as a means of providing 
a definitive solution to the problem of 
i r r egu la r p a y m e n t s of f i n a n c i a l 
contributions to the budgets of the 
Community institutions The Authority 
urged all Member States to promptly 
implement and remove all obstacles to 
the proper application of the provisions of 
the protocol of the Community Levy, in 
a solidity fund for the use of all Member 
States. 
The Heads of State and Government 
decided that the substantive regime of the 
Community shall come into force with 
effect from 1st July 2003 consequently 
they called on all Member States to take 
all the necessary measures to apply this 
decision. 
Preparation for the Negotiation of 
Economic Partnership Agreements 
(EPAs) with the European Union. 
The Author i ty a c k n o w l e d g e d the 
importance of the negotiation, between 
West Africa and the European Union of an 
economic partnership agreement (EPA) 
designed to accelerate developments 
and the regional integration process. In 
order to facilitate the preparations for 
these negotiation, theAuthority adopted. 
Areas of priority actions for the 
WestAfrican region; 
A plan of action for the negotiations 
A negotiating structure 
Terms of the negotiation mandate 
Development funding 
Definition of a single structure to speak for 
West Africa in the dialogue with the 
European Union 
In order to ensure a balanced dialogue 
between the two parties and manifest the 
unary and cohesion of West Africa. The 
Authority stressed the fact that E C O W A S 
should like the European Union, have a 
single representation which would soeak 
for the whole Community. The Authority 
a d o p t e d the s t r u c t u r e of t h i s 
representation as follows: 
156 
The country which is current 
Chairman 
The country which is the out-going 
Chairman and 
The Executive Secretariat as 
permanent member. 
Establishment of an E C O W A S liaison 
office in Brussels 
The Authority expressed its appreciation 
to the European Union for its unwavering 
support to the sub-region in the 
acceleration of the regional integration 
process. It appealed to the European 
Union to show its support by providing 
substantial financial assistance for the 
establishment and operation of an 
E C O W A S office in Brussels. 
S E C T O R A L P R O D U C T I O N 
P R O G R A M M E S A N D 
INFRASTRUCTURE 
L i v e s t o c k D e v e l o p m e n t a n d 
Transhumance 
The Heads of State and Government, 
addressing the implications of cross-
border transhumance which can pose a 
threat to peace. Creates social conflicts 
between livestock breeders and farmers 
and provokes the degradation of natural 
resources, stressed the need to introduce 
a t ranshumance surve i l lance and 
monitoring mechanism. The Heads 
invited the Executive Secretariat and the 
Member States to take necessary 
measures to implement the plans of 
ac t ion a g r e e d by the M i n i s t e r s 
responsible for livestock development. 
T a k i n g d u e a c c o u n t o f t h e 
recommendations of the Council of 
Ministers. 
Energy 
The Authority, expressing concern over 
the persistent energy crises in the sub-
region, reaffirmed its decision to boost the 
West African Power Pool by exploitation 
the energy resources of Member States. 
In order to enable them to meet their 
development needs. It was decided to 
launch the system by signing a Protocol 
on Energy and also establ ish an 
E C O W A S Energy Observatory. 
T h e A u t h o r i t y c o m m e n c e d the 
determination of BenOn, Ghana. Nigeria 
and Togo to realize the construction of the 
WestAfrican Gas Pipeline project within 
the framework of the E C O W A S energy 
programme. It also commended the 
signing of the Gas Pipeline Treaty by the 
Heads of State of the four (4) countries. 
The Heads of State and Government 
called on the Executive Secretariat and 
the private sector to take necessary 
measures to commence construction in 
January 2004, and ensure the delivery of 
the first consignment of gas in June 2005. 
They also requested the Executive 
Secretariat to prepare an operational plan 
to extend the gas pipeline to all ECOWAS 
Member States. 
Water Resources Management 
Referring to the regional plan of action for 
integrated water resources management 
in West Africa, the Authority decided to 
es tab l i sh an E C O W A S R e g i o n a l 
Coordinating Unit with its headquarters in 
Ouagadougou. 
Human Development 
TheAuthority expressed much concern at 
the low level of human development in the 
r e g i o n , and a c k n o w l e d g e d the 
importance of adopting and implementing 
r e g i o n a l h u m a n d e v e l o p m e n t 
programmes in order to bolster national 
programmes. To this end, the Authority 
adopted the following. 
* In the education sector, a Protocol 
on Education and Vocational 
Training and a Convention on the 
Equivalence and Recognition of 
Degrees, Diplomas, Certificates 
and other Qualifications: 
* In the health sector the West 
African Health Organization 55 
year strategic plan (2003-2007) 
and appropriate measures for the 
anti-HIV/AIDS strategy. 
4 C 7 
The Authority recognizing culture as an 
e s s e n t i a l d i m e n s i o n of h u m a n 
development reaffirmed the political will of 
Member States to work together to 
promote a dynamic and productive 
cooperation in cultural affairs. To this end 
theAuthority endorsed the Plan of Action 
and the Dakar Declaration on Culture and 
directed the Executive Secretariat to use 
them to init iate p rogrammes for 
stimulating the cultural development of 
West Africa within the NEPAD framework. 
ENHANCEMENT OF THE FINANCIAL 
R E S O U R C E S OF ECOWAS FOR 
INVESTMENT FINANCING 
TheAuthority welcomed the ratification by 
t w e l v e M e m b e r S t a t e s of the 
supplementary protocol amending the 
E C O W A S Treaty. And the Protocol 
establishing the E C O W A S Bank for 
Investment and Development (EBID) 
which launched the regional bank and its 
subsidiaries as a desirable means of 
enhancing the financial resources of 
E C O W A S earmarked for investment 
financing. 
TheAuthority also: 
I) Urged the Member States which 
are yet to do so to reify Protocols 
A/P1/12/01 amending articles 
1.3.6 and 21 of the revised Treaty. 
And A/P2/12/02 on EBID and 
transmit the instruments of 
ratification to the Execut ive 
Secretariat. 
ii) Urged Member States to pay up 
the first tranche of 35% of the 
called up capital of EBID bearing in 
mind the fact that Member States 
have the possibility of using the 
Community levy instituted by 
article 11 Protocol A/P1/7/96 to 
settle their share of the capital. 
iii) Endorsed the Resolution of the 
Council of Ministers calling on 
Member States to negotiate with 
EBID the conditions for the 
placement of part or all of the 
balance of proceeds from the 
Community levy with the bank. 
i) Reinforcement of the Institutions of 
the Community 
In order to guarantee the coordination of 
the activities and programmes of the 
institutions of the Community the 
Authority endorsed the recommendation 
of the council of Ministers to set up an ad 
hoc Ministerial Committee to harmonise 
the provisions of the Treaty and the 
protocols regulating the institutions of the 
Community. 
ii) The West Af r ican Women 's 
Association 
Taking due account the role of women in 
development and regional integration the 
Authority endorsed the decision of the 
Council of Ministers to revive the West 
African Women's Association (WAWA) 
which is a spec ia l i zed E C O W A S 
institution by extending the scope of its 
operations. The association has been 
r e n a m e d the E C O W A S G e n d e r 
Development Centre. A Division will be 
created at the Executive Secretariat for 
gende r i s s u e s and at t echn i ca l 
commission set up to look into problems 
relating to gender inequality. 
REGIONAL PEACE SECURITY 
The Authority of Heads of State and 
Government examined the report of the 
meeting of Ministers of Foreign Affairs on 
the security situation in the region, 
especially in Cote d'lvoire and the Mano 
River Union countries. After deliberations 
on the situation in Cote d'lvoire and in the 
countries of the Mano River Union. The 
f o l l o w i n g o b s e r v a t i o n s a n d 
recommendations were made. 
Cote d'lvoire 
The Authority expressed gratitude to 
President Eyadema for the efforts 
deployed by him in the search for peace in 
Cote d'lvoire. 
The Authority listened to the account of 
evolution of the Ivorian situation from Mr. 
Seydou Diarra. Prime Minister-designate 
158 
under the Marcoussis Accord. Mr. Pascal 
Affi Nguessan, Prime Minister and also 
Mr. Guillaume Soro, Secretary General of 
the Patriotic Movement of Cote D'lvoire, 
who spoke on behalf of the M P C l , MPIGO 
and MJP. 
Heads of State and Government 
expressed their deep concern over the 
persistence of the Ivorian crisis. They 
reaffirmed their decision taken on 29 
September 2002 at Accra concerning 
their preference for a peaceful settlement 
of the crisis. They therefore, resolved to 
give every support to the outcome of the 
Round-table on Cote d'lvoire which was 
held at Linas Marcoussis from 15 to 24 
January 2003. They invited all the parties 
concerned to work together to ensure the 
scrupulous of the Marcoussis Accord. 
The Authority decided that E C O W A S 
would play the role that it was assigned 
within the framework of the Marcoussis 
Accord. The Heads of State and 
Government made a strong appeal to His 
Excellency President Laurent Gbagbo to 
be fully involved, to bring the peace 
process to a satisfactory end. 
They expressed their preparedness to 
continue to offer their good offices to 
facilitate the early return of peace to Cote 
d'lvoire 
The Authority affirmed its support for the 
legitimate President of Cote d'lvoire. His 
Excellency Lauren Gbagbo. It was 
decided that the E C O W A S contact 
Group, which is made up of Ghana, 
Guinea-Bissau, Mali, Niger, Nigeria and 
Togo would continue to monitor and 
facilitate the application of the Marcoussis 
Accord. It was decided to enlarge the 
Contact Group to include Senegal. 
The members of the Contract Group are 
to proceed to Abidjan, Cote d'ivoire on 
Saturday. February 1, 2003 to meet with 
President Gbagbo to discuss the current 
situation in the country. 
TheAuthority invites all varians to embark 
on a true national reconciliation so as to 
keep their country united, strong and 
prosperous. They are requested in this 
regard, to show a spirit of forgiveness 
tolerance and solidarity. 
The Authority expressed profound 
gratitude to the President ol the French 
Republic. His Excellency Jacques Chirac 
and his Government for the assistance 
extended to the region within the context 
of the resolution of the Ivorian crisis. 
The Heads of State and Government 
acknowledged the assistance of the 
international community. 
TheAuthority paid glowing homage to His 
Excellency Maitre Abdoulaye Wada. His 
E x c e l l e n c y G n a s s i n g b e E y a d e m a 
coordinator of the E C O W A S Contact 
Group and His Excellency President 
Amadou Toumani Toure for all the 
contribution they have made and continue 
to make with dedication and competence 
to ensure the return of peace to Cote 
d'lvoire. 
The Mano River Union 
The Heads of State and Government 
noted with satisfaction that significant 
progress had been made in Sierra Leone 
in terms of the restoration of peace and 
security. The Heads of State and 
Government appealed to the international 
community to continue to provide 
assistance needed for the economic 
development of Sierra Leone. 
The Heads of State and Government 
renewed their appeal to the UN Security 
council to ensure the continued presence 
of UNAMSIL in Sierra Leone to maintain 
security in accordance with the proposals 
of the secretary General in his 15th 
Report of 5th September 2002. 
The Heads of State and Government 
welcomed recent initiatives, especially by 
His Majesty Mohamed VI, King of Moroco 
and the Mano River Union Women's 
Networkm which has facilitate the 
restoration of dialogue between the 
Presidents of the Mano River Union. The 
Heads of State and Government urged 
the Executive Secretariat to continue 
monitoring the situation along the border 
between Guinea and Liberia. 
A f A 
noted with regret, tne continuing 
hostilities between the government troops 
a n d t h e L i b e r i a n s U n i t e d fo r 
Reconciliation and Democracy (LURD). 
They welcomed the various actions 
initiated by the current Chairman of 
Authority and the Executive Secretariat at 
encouraging dialogue between the 
parties to the conflict. 
The Heads of State and Government also 
welcomed the wish expressed by the 
government of Liberia to hold a national 
reconciliation forum to which the LURD 
would be invited. In this regard, the 
Authority undertook to facilitate the 
organization of a round table meeting of 
all the Liberian parties involved including 
the LURD with a view to bringing a 
peaceful and to the present conflict in 
Liberia. 
In view of the forthcoming national 
elections scheduled for October 2003, the 
Authority of Heads of States and 
Government urged the International 
Contact Group on Liberia (ICGL) to assist 
the government of Liberia to create a 
c o n d u c i v e env i ronment for f ree, 
transparent and democratic elections as a 
matter of extreme urgency. 
The Mechanism for Conflict Prevention, 
Management and Resolution, Peace­
keeping and Security. 
The Authority requested the Executive 
Secretariat to take necessary action to 
speed up implementation of the Protocol 
relating to the Mechanism for conflict 
Prevention, Management and Resolution 
Peace-keeping and Security. In this 
regard, the Authority renewed its appeal 
to Member States to ratify the Protocol 
without delay. 
The Authority expressed its profound 
gratitude to the partners of E C O W A S 
namely, the European Union, Canada, 
the United States of America and the 
USAID, and Germany for the assistance 
they have given to the Community in 
setting up the E C O W A S peace and 
security mechanism. 
U I I V I C I 1 I U C I O l d i c o V V I I U I I U V I ~ I I U I j 
presented their letters of accreditation to 
the Executive Secretary to do so without 
fu r ther de lay . It w e l c o m e d the 
accreditation of the Ambassadors of 
Russia, France and Germany to the 
Executive Secretariat. 
Evaluation of the Moratorium on the 
I m p o r t a n c e , E x p o r t a t i o n a n d 
Manufacture of Small Arms 
The Author i ty acknow ledged the 
relevance of the provisions of the 
Moratorium as a regional strategy 
designed to resolved the problem of the 
unregulated movement of small arms and 
low caliber weapons. It appealed to all 
Member States to comply fully with the 
provisions of the Moratorium and the code 
of Conduct. 
Monitoring of Elections in Member 
States Holding National Elections in 
2003. 
TheAuthority exhorted all Member States 
to pursue with diligence the principles of 
democracy, transparency and good 
governance. And appealed to all the 
states that are yet to do so to ratify the 
Protocol on Democracy and Good 
Governance. 
The Authority instructed the Executive 
Secretariat to conduct fact-finding 
m i s s i o n s to the M e m b e r S ta tes 
concerned to ascertain the state of 
preparedness for the 2003 elections. 
Trafficking in Persons 
The Authority called on the Executive 
Secretariat and Member States to ensure 
a stricter implementation of the Plan of 
Action on Trafficking in persons by the 
appropriate national bodies. 
The Authority expressed appreciation to 
E C O W A S partners and especially to the 
governments of Japan, the United States 
and Sweden to the United Nations office 
on Drug and Crime and all other 
development partners that have provided 
financial and technical assistance for the 
160 
fight against human trafficking. 
Protection of the Rights of the West 
African Child 
The Heads of State and Government 
expressed particular concern for the 
violence perpetrated against children, 
especially in zones of conflict, and for the 
suffering of handicapped children. They 
declared their commitment to the respect 
of the inalienable principles contained in 
the African Charter on the Rights and 
Welfare of the Child and the Convention 
on the Rights of the Child. 
The Authority called on all Member States 
to adopt and implement the United 
Nations plan of action for children affected 
by war. This plan covers conflict 
p r e v e n t i o n , r a t i f i c a t i o n a n d 
imp lemen ta t i on of the p r i nc ip le 
instruments for the protection of the rights 
of the child, and the inclusion of child 
protection in E C O W A S negotiations and 
peace-keeping activities. The plan also 
covers the creation of a network of civil 
society organizations for child protection 
and advocacy the concept of ECOWAS 
as a zone free of child solciers investment 
in the child in post-conflict situations. 
African traditional values and norms 
t r a n s b o r d e r i n i t i a t i v e s and the 
enhancement of the E C O W A S child 
protection unit. 
T h e Au tho r i t y a p p e a l e d to the 
international community and particular to 
the United Nations to urgently give all 
n e c e s s a r y a s s i s t a n c e fo r the 
implementation of the plan of action. 
The Council of Elders 
TheAuthority expressed deep sadness at 
the loss of two eminent members of the 
E C O W A S Counci l of Elders, their 
Excellencies Ide Onmarou of Niger 
former OAU Secretary General and 
Simeon Ake of Cote d'lvoire former 
Minister of Foreign Affairs. The Authority 
paid glowing tribute to the memory of the 
lare illustrious sons of the Community. 
The Authority of Heads of State and 
Government appealed to Member States 
that have not submitted the names of their 
representatives on the Council for 2003 to 
do so urgently to enable their appointment 
to be approval by theAuthority. 
Nomination of WestAfrican Candidates to 
the positions of Commissioner of the 
African Union. 
The Authority strongly urged Member 
States to forward the names of their 
candidates to the Executive Secretariat 
not later than 10 February 2003 and 
requested the Executive Secretariat not 
later than 10 February 2003 and 
requested the Executive Secretariat to 
convene a meeting of the screening 
committee by 12th February 2003. 
Establishment of E C O W A S Logistics 
Depots 
The Authority directed the Executive 
Secretariat to study and submit a report of 
the proposal of the United States on the 
establishment of E C O W A S legistics 
depots. 
DATE AND V E N U E OF THE NEXT 
SUMMIT 
His Excellency President John Agyekum 
Kufuor President of the republic of Ghana 
was elected chairman of the E C O W A S 
Authority of Heads of State and 
Government by his peers. The next 
ordinary submit of the Authority will be 
held in December 2003 at a venue to be 
determined after consultation 
V O T E OF THANKS 
The Authority of Heads of State and 
Government expressed its profound 
gratitude to His Excellency Abdoulaye 
WADE President of the Republic of 
Senegal for the exemplary leadership in 
promoting the African Union NEPAD and 
appreciative of the warm reception 
accorded them and the excellent facilities 
placed at their disposal during their stay in 
Dakar. The Heads of State wish to pay 
tribute to President Abduoulaye Wade for 
his defence of the integration of the 
African continent in general and the West 
African sub-region in particular. 
The Authority expresses its best wishes 
for happiness to His Excellency Maitre 
Abdoulaye Wade and to the people of 
Senegal. Its best wishes for peace 
happiness and prosperity. 
THEAUTHORITY