SUPPLEMENTARY PROTOCOL A/SP.1/5/81 AMENDING ARTICLE 2 OF THE PROTOCOL RELATING TO THE DEFINITION OF THE CONCEPT OF ORIGINATING PRODUCTS OF THE MEMBER STATES OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES.
THE HIGH CONTRACTING PARTIES,
of Article 5 of the ECOWAS Treaty establishing the Authority of Heads of State and Government, its composition and functions ;
CONSIDERING that Community origin is conferred on products with a view of liberalising intra-Community trade ;
CONVINCED of the importance of a handicraft sector in the economies of Member States of the Community ;
DESIROUS of promoting intra-Community trade in handicraft and to extend a preferential treatment to these products ;
ANXIOUS to conclude an Additional Protocol amending Article 2 of the Protocol relating to the definition of the concept of originating products of Member States ;
HAVE AGREED AS FOLLOWS :
Article 2 of the Protocol relating to the definition of the concept of originating products of Member States is amended as follows :
NEW ARTICLE 2
- "The promotion of trade in goods originating in Member States as well as the collective economic development of the Community requires indigenous ownership and participation. Goods shall be accepted as originating in Member States for purposes of trade liberalisation if :
- they have been wholly produced as defined in Article V of this protocol ; or
- they have been produced in a Member State other than by any of the operations and processes listed in Article IV of this Protocol or with the material from a foreign or undetermined origin used in the process of production of goods whose CIF value does not excess 60% of the total cost of the material employed in the production or with the material of Community origin whose value must not in any case be less than 40% of the total cost of the material used in the process of production or with the raw material of Community origin representing in quantity at least 60% of the whole raw material used in the production ; or
- if the goods have been produced from material of a foreign or undetermined origin and having received in the process of production a value added of at least 35% of the ex-factory price before tax of the finished products ; and
d) if the enterprises producing these goods attain a desirable level of indigenous ownership and participation, the Commission shall, on the basis of appropriate statistics, make proposals to the Council of Ministers to determine orientation and levels to ownership and participation.
- Traditional handicraft shall also be considered as originating products.
Traditional handicraft means articles generally made by hand with or without tools, instruments or devices operated directly by the craftsman.
The raw materials used are essentially of Community origin.
The list of products is attached as an Annex to this Protocol.
The list may be extended to new products that satisfy the above definition in the future.
All the conditions for the acceptance of products originating from Member States for trade within the Community are subject to amendments periodically by the Council".
DEPOSIT AND ENTRY INTO FORCE
- This Supplementary Protocol shall enter into force provisionally upon signature by the Heads of State and Government of Member States and definitively upon ratification by at least seven signatory Member States in conformity with the constitutional regulations in force in each Member State.
- This protocol as well as the instruments of ratification shall be deposited with the Executive Secretariat which shall forward certified true copies of this Supplementary Protocol to all the Member States and shall inform them of the dates of deposit of the instruments of ratification and shall register this Supplementary Protocol with the Organisation of African Unity, the United Nations Organisation as well as any other Organisation approved by the Council.
- This Supplementary Protocol is annexed to the Treaty as an integral part thereof.