Official Journal Vol

Official Journal Vol. 58 of the Economic Community of West African States (ECOWAS)

English Edition March 2011

• THIRTY-NINTH ORDINARY SESSION OF THE AUTHORITY OF HEADS OF STATE AND GOVERNMENT ABUJA, 23RD - 24TH MARCH, 2011

SIXTY-FIFTH ORDINARY SESSION OF THE COUNCIL OF MINISTERS ABUJA, 25TH - 26TH NOVEMBER, 2010

CONTENTS PAGE

SUPPLEMENTARY ACTS

SUPPLEMENTARYACTASA.1/3/11 ADOPTING THE ECOWAS SPORTS POLICY

SUPPLEMENTARYACTASA.2/03/11 21 ON THE LIFTING OF ALL SANCTIONS IMPOSED BY ECOWAS ON THE REPUBLIC OF NIGER

SUPPLEMENTARYACTASA.3/03/11 24 ON THE LIFTING OF ALL SANCTIONS IMPOSED BY ECOWAS ON THE REPUBLIC OF GUINEA

SUPPLEMENTARYACTASA.4/03/11 27 AUTHORISING EMERGENCY ECOWAS FUNDING OF ELECTRIC POWER SUPPLY TO THETOWN OF CONAKRY

AUTHORITY DECISIONS

DECISION A/DEC.1/3/11 30 RELATING TO THE GRANTING OF A POSTHUMOUS ECOWAS FOUNDERS HONORARY AWARD TO HIS EXCELLENCY LATE GNASSINGBE EYADEMA, FORMER PRESIDENT OF THE TOGOLESE REPUBLIC

DECISIONA/DEC.2/3/11 31 RELATING TO THE GRANTING OF THE ECOWAS FOUNDERS HONORARYAWARD TO HIS EXCELLENCY GENERAL YAKUBU GOWON (RTD), FORMER HEAD OF STATE OF THE FEDERAL REPUBLIC OF NIGERIA

DECISION A/DEC.3/3/11 32 RELATING TO THE GRANTING OF ECOWAS FOUNDERS HONORARY AWARD TO HIS EXCELLENCY ADEBAYO ADEDEJI OF NIGERIA, FORMER SECRETARY GENERALOFTHE ECONOMIC COMMUNITYOFAFRICA March 2011 ECOWAS Official Journal Vol. 58

DECISION A/DEC.4/03/11 34 RELATING TOTHE GRANTING OF ECOWAS FOUNDERS HONORARYAWARD TO HIS EXCELLENCY EDEM KODJO OF TOGO, FORMER SECRETARY GENERAL OF THE ORGANISATIONAFRICAN UNITY(OAU)AND FORMER PRIME MINISTER OFTOGO

AUTHORITY RESOLUTION

RESOLUTION A/RES.1/03/11 36 OF THE AUTHORITY OF HEADS OF STATE AND.GOVERNMENT OF ECOWAS ON THE SITUATION IN COTE D'lVOIRE

REGULATIONS

REGULATION C/REG1/11/10 37 APPROVING THE WORK PROGRAMME OF THE ECOWAS COMMISSION, FOR THE 2011 FINANCIALYEAR

REGULATION C/REG 2/11/10 37 APPROVING THE WORK PROGRAMME OFTHE ECOWAS GENDER DEVELOPMENT CENTRE FOR THE 2011 FINANCIAL YEAR

REGULATION C/REG 3/11/10 38 APPROVING THE WORK PROGRAMME OF THE ECOWAS PARLIAMENT FOR THE 2011 FINANCIALYEAR

REGULATION C/REG 4/11/10 38 APPROVING THE WORK PROGRAMME OF THE COMMUNITY COURT OF JUSTICE FOR THE 2011 FINANCIALYEAR

REGULATION C/REG 5/11/10 39 APPROVING THE WORK PROGRAMME OF THE WEST AFRICAN HEALTH ORGANISATION FORTHE 2011 FINANCIALYEAR

REGULATION C/REG 6/11/10 39 APPROVING THE WORK PROGRAMME OF THE INTERGOVERNMENTAL ACTION GROUP AGAINST MONEY LAUNDERING IN WEST AFRICA (GIABA) FOR THE 2011 FINANCIALYEAR

REGULATION C/REG,7/11/10 40 APPROVING THE BUDGETOFTHE ECOWAS COMMISSION, ITS AGENCIES, CENTRES AND OFFICES FOR THE 2011 FINANCIAL YEAR

REGULATION C/REG 8/11/10 41 APPROVING THE BUDGETOFTHE ECOWAS PARLIAMENT FORTHE 2011 FINANCIAL YEAR

REGULATION C/REG 9/11/10 42 APPROVING THE BUDGETOFTHE COMMUNITY COURTOFJUSTICE FOR THE 2011 FINANCIAL YEAR

REGULATION C/REG10/11/10 42 APPROVING THE BUDGET OF THE WEST AFRICAN HEALTH ORGANISATION FOR THE 2011 FINANCIALYEAR March 2011 ECOWAS Official Journal Vol. 58

REGULATION C/REG 11/11/10 43 APPROVING THE BUDGETOFTHE INTERGOVERNMENTALACTION GROUPAGAINST MONEY LAUNDERING IN WESTAFRICA FORTHE 2011 FINANCIALYEAR

REGULATION C/REG 12/11/10 44 ON RESTRUCTURING OFTHE INTER-GOVERNMENTALACTION GROUP AGAINST MONEY LAUNDERING IN WEST AFRICA(GIABA)

REGULATION C/REG 13/11/10 45 PROVIDING A GRANT TO THE WEST AFRICAN INSTITUTE FOR REGIONAL INTEGRATION

REGULATION C/REG 14/11/10 46 RELATING TO THE REVIEW OF SALARIES OF STAFF MEMBERS OF ECOWAS INSTITUTIONS

REGULATION C/REG 15/11/10 47 RELATING TOTHEADOPTION OF REVISED RATES FOR HOUSING ALLOWANCE FOR STAFF OF ECOWAS INSTITUTIONS

REGULATION C/REG16/11/10 48 RELATING TO THE ESTABLISHMENT OF AN ECONOMIC POLICY ANALYSIS UNIT (EPAU) WITHIN THE MACROECONOMIC POLICY DEPARTMENT OF ECOWAS COMMISSION

REGULATION C/REG 17/11/10 49 RELATING TOTHE REVIEW OFTRANSPORTALLOWANCE FORTHE GENERALSTAFF OF ECOWAS INSTITUTIONS

REGULATION C/REG 18/11/10 50 ON PROVISIONALBUDGETALLOCATION FORTHE ECOWAS SMALLARMS CONTROL PROGRAMME (ECOSAP)

REGULATION C/REG 19/11/10 51 ON THE BUDGETOFTHE PROGRAMME FORTHE IMPROVEMENT OFTHE EXPORT COMPETITIVENESS OFTHE MICRO, SMALLAND MEDIUM ENTERPRISES WITHIN ECOWAS

REGULATION C/REG20/11/10 52 APPROVING THE RATE FOR THE CALCULATION OF THE RESPONSIBILITY ALLOWANCE PAYABLE TOTHE CONTROLLERSAND PRINCIPAL CONTROLLERS

REGULATION C/REG 21/11/10 53 ON THE HARMONIZATION OFTHE STRUCTURALFRAMEWORKAND OPERATIONAL RULES PERTAINING TO THE HEALTH SAFETY OF PLANTS,ANIMALS AND FOODS IN THE ECOWAS REGION

REGULATION C/REG 22/11/10 76 ESTABLISHING COMMUNITY PROCEDURES FOR MANAGEMENT OF VETERINARY DRUGS OR BIOLOGICS

REGULATION C/REG23/11/10 100 ON THE ESTABLISHMENT AND MODALITIES OF OPERATION OF A REGIONAL VETERINARY COMMITTEE WITHIN ECOWAS March 2011 ECOWAS Official Journal Vol. 58

REGULATION C/REG24/11/10 102 ON THE GUIDING PRINCIPLES ON THE OPERATION OFTHE NATIONAL UNITS

REGULATION C/REG25/11/2010 104 ON THE UPWARD REVIEW OF FEES FOR THE EXTERNALAUDITOR FOR THE 2009/ 2010ACCOUNTING YEAR OF ECOWAS INSTITUTIONS

REGULATION C/REG26/11/10 105 ADOPTING NEW MEASURES FOR IMPROVING THEADMINISTRATIVEAND FINANCIAL MANAGEMENT OF COMMUNITY INSTITUTIONS

REGULATION C/REG 27/11/10 107 ADOPTING THE 2009 AUDITED FINANCIAL STATEMENTS OF THE ECOWAS COMMISSION

REGULATION C/REG 28/11/10 108 ADOPTING THE 2009 AUDITED FINANCIAL STATEMENTS OF THE ECOWAS PARLIAMENT

REGULATION C/REG29/11/10 109 ADOPTING THE 2009 AUDITED FINANCIAL STATEMENTS OF THE WEST AFRICAN HEALTH ORGANISATION (WAHO)

REGULATION C/REG 30/11/10 109 ADOPTING THE 2009 AUDITED FINANCIAL STATEMENTS OF THE COMMUNITY COURT OFJUSTICE

REGULATION C/REG31/11/10 110 ON UTILISATION OF SURPLUS FUNDS FROM THE COMMUNITY LEVY FOR CO- FINANCING WITH UEMOATHE EMERGENCY POWER SUPPLY PROGRAMME FOR BISSAU

REGULATION C/REG32/11/10 111 RETROACTIVELYVALIDATING ON EXCEPTIONALGROUNDS SOMEADMINISTRATIVE ACTIONS OFTHE PRESIDENT OFTHE COMMISSION

DIRECTIVE

DIRECTIVE C/DIR.1/11/10 113 ON ECOWAS VETERINARY PHARMACY

RECOMMANDATION

RECOMMENDATION C/REC.1/11/10 126 RELATING TO THE ADOPTION OF THE ECOWAS SPORTS POLICY

FINAL COMMUNIQUE

FINAL COMMUNIQUE 127 THIRTY-NINTH ORDINARY SESSION OFTHEAUTHORITY OF HEADS OF STATE AND GOVERNMENT, ABUJA, 23 - 24 MARCH 2011 March 2011 ECOWAS Official Journal Vol. 58

SUPPLEMENTARYACTASA.1/3/11 ADOPTINGTHE CONVINCEDthatthe adoption of an ECOWAS Sports ECOWAS SPORTS POLICY policy and its implementation will allow the majority of ECOWAS citizens to have a sense of belonging to the same Community and enjoy better quality of life THE HIGH CONTRACTING PARTIES, as a result of more active participation in sporting activities; MINDFULofArticles 7,8 and 9 of the ECOWAS Treaty as amended establishing the Authority of Heads of CONSCIOUS that sports provides an avenue for State and Government and defining its functions and Community citizens of all ages and categories to composition; acquire rich and varied sporting experiences due to the participation of volunteers, coaches and qualified MINDFUL of the provisions of Article 60 of the said and dedicated officers; Treaty relating to human resources, which urge Member States to work together with a view to DESIRING to adopt the ECOWAS Sports Policy; promoting effective development of the human resources of the region; ON THE RECOMMENDATION of the Sixty-fifth Ordinary Session of the Council of Ministers held in MINDFUL of Article 61 (e) of the said Treaty which Abuja from 25 to 26 November 2010; tasks Member States to promote and develop sports in order to bring the young people of the region HAVING CONSIDERED THE OPINION of the closer together and ensure that their development ECOWAS Parliament; is balanced; HEREBY AGREEAS FOLLOWS: MINDFUL of Article 67 of the said Treaty which stipulates that Member States shall commit to work ARTICLE 1 together through the relevant Community institutions in order to ensure their respective sports policies The attached ECOWAS Sports Policy is hereby are harmonised and coordinated; adopted.

MINDFUL of Resolution VII.00.12/CMYS of 1 ARTICLE 2 September 2000 of the Conference of Ministers of Youth and Sports (CYSM) ECOWAS meeting in The Member States shall harmonise their national Ouagadougou, Burkina Faso on sports development; Sports Policies with the ECOWAS Sports Policy referred to in Article 1 of this MINDFUL of Decision A/DEC.13/01/05 on the Supplementary Act. transformation of the Conference of Youth and Sports Ministers into the ECOWAS Youth and Sports ARTICLE 3 Development Centre; The ECOWAS Commission shall take necessary CONSIDERING that sports is a tool for the steps to diligently implement the maintenance of bodily health development of social ECOWAS Sports Policy. and economic activities and is therefore important to countries, civil society and international ARTICLE 4 organisations; This Supplementary Act shall be published by the CONSIDERING the need to position sports as a key ECOWAS Commission in the Official Journal of the sector in the socio-economic life of the people and Community within thirty (30) days of its signature by make it an engine for human development, peaceful the Chairman of the Authority Heads of State and co-existence and regional integration; Government. It shall also be published by each Member State in its National Gazette within thirty (30) CONSIDERING that in order to better demonstrate days after notification by the Commission. the importance of sports as an engine for regional integration and achieve the objectives of the ARTICLE 5 ECOWAS Vision 2020, it is necessary to prepare a policy and strategic plan in the area of sports; 1. This Supplementary Act shall enter into force upon its publication. Consequently, signatory March 2011 ECOWAS Official Journal Vol. 58

Member States undertake to commence the ARTICLE 6 implementationof its provisionson its entry into force. This Supplementary Act shall be deposited with the Commission which shall submit certified true copies This Supplementary Act shall be annexed to thereof to all Member States and shall register it with the Revised Treaty and shall form an integral the African Union, the United Nations and such other part thereof. organisations as Council may determine.

IN WITNESS WHEREOF, WE HEADS OF STATE AND GOVERNMENT OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES, HAVE SIGNED THIS SUPPLEMENTARYACT

DONE AT ABUJA, THIS 24TH DAY OF MARCH, 2011

IN SINGLE ORIGINAL IN THE ENGLISH, FRENCH AND PORTUGUESE LANGUAGES, ALLTHREE (3) TEXTS BEING EQUALLY AUTHENTIC.

H. E. Dr. Thomas Boni YAYI H. E. Mr. Blaise COMPAORE President of the Republic of BENIN President of FASO

iH:

H.E. Jorge BORGES H.E. Jean Marie KACOU GERVAIS Minister of External Relations Minister of Foreign Affairs Republic of CAPE VERDE Republic of COTE D'LVOIRE

H. E. Aja Dr.Aisatou Njie Saidy hbE.-Mr. John Dramani MAHAMA Vice President and Minister of Women Affairs Vice President Republic of the GAMBIA Republic of GHANA

H.E. El Hadj Ousmane BAH H.E. Malam Bacai SANHA Minister of State, President of the Republic of Republic of GUINEA GUINEA BISSAU March 2011 ECOWAS Official Journal Vol.58

H. E. Mrs. Ellen JOHNSON-SIRLEAF H. E. Mr. Amadou Toumani TOURE President of the Republic of Liberia President of the Republic of Mali

H.E. Salou DJIBO H. E. Goodluck Ebele JONATHAN, (GCFR), General of Armed Forces President, Commander-in-Chief President of the Supreme Council of the Armed Forces of the Federal Republic For the Restoration of Democracy of Nigeria, Chairman of the Authority Head of State, Republic of Niger of Heads of State and Government of ECOWAS

H. E. M. Abdoulaye WADE H. Earnest Bai KOROMA President of the Republic of Senegal President of the Republic of Sierra Leone

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H. E. Mr. Faure Bssozimna GNASSINGBE Resident of the Togolese Republic March 2011 ECOWAS Official Journal Vol. 58

ECONOMIC COMMUNITY OF WEST AFRICAN STATES (ECOWAS)

ECOWAS SPORTS POLICY

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TABLE OF CONTENTS Page

1. PREAMBLE 1.1 Rationale for the ECOWAS Sports Policy 1.2 Definition of Sports 1.3 Vision and Mission of the ECOWAS Sports Policy 1.4 Objectives of the ECOWAS Sports Policy 1.5 Guidelines and Expected Outcomes

2. SITUATIONAL ANALYSIS OF MEMBER STATES

3. STAKEHOLDERS AND BENEFICIARIES OFTHE POLICIES

4. The ECOWAS SPORTS POLICY ORIENTATION 4.1 Sports for All 4.2 Sports and the Promotion of Equal Opportunities for Women 4.3 Sports for Economic and Infrastructure Development 4.4 Sports and Youth Development 4.5 Traditional Sports 4.6 Ethics in Sports 4.7 Sports for Development and Peace 4.8 Sports for Health 4.9 Sports and Education 4.10 Sports and Persons with Special Needs 4.11 Sports and Sustainable Environment 4.12 Sports Award and Recognition of Excellence

5 RESOURCE REQUIREMENTS FOR THE IMPLEMENTATION OF THE POLICY 5.1.1 Capacity Building and Human Resource Development 5.1.2 Leadership training and partnership development 5.2.1 Funding 5.2.2 ECOWAS source of funding 5.2.3 Government Budgetary provisions 5.2.4 Development Partners and Donor Agencies 5.2.5 Donations, Sponsorships' and Volunteerism 5.2.6 Private Sector

6. INSTITUTIONAL FRAMEWORK FOR THE IMPLEMENTATION OF THE POLICY 6.1 The ECOWAS Commission 6.2 Member States 6.3 National and International Sports Federations 6.4 Other Regional Bodies and Communities 6.5 Sharing of Best Practices

7. POPULARISATION AND PROMOTION OF THE POLICY AND ITS PLAN OF ACTION

8. MONITORING AND EVALUATION OF THE IMPLEMENTATION OF THE POLICY AND ITS STRATEGIC PLAN OF ACTION

9. AMENDMENT AND REVIEW OF THE POLICY

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1. PREAMBLE among the Ministries of Youth and Sports in Member States, inter-governmental and non-governmental Sports are athlete/participant and administrators sporting organizations. Furthermore the rationale for centered activities. The sports system is put in place this policy is in pursuance of the ECOWAS Vision for athletes/participants and administrators who are 2020, encapsulated as follows: the primary focus in the development of policies, programs and procedures. Athletes/participants, THE VISION: administrators and governments are primarily involved throughout the system in policy formulation "ECOWAS ofPeoples -A borderless, and decision making that directly relate to sports prosperous and cohesive region where people development and administration. have the capacity to access and harness its enormous resources through the creation of The policy document represents a declaration of opportunities for sustainable development and ECOWAS of States' shared values and aspirations environmental preservation." on the role of sports as a special purpose vehicle for regional integration and also in pursuant to Objectives of ECOWAS ECOWAS strategic vision 2020. 'To promote cooperation and integration, leading The policy document declares the rationale for the to the establishment of an economic union in West policy, situational analysis of the community's Africa in order to raise the living standards of the strength, weaknesses, opportunities and threats to peoples, and to maintain and enhance economic sports development in the region; statement of policy stability, foster relations among Member States and objectives, stakeholders and beneficiaries, policy contribute to the progress and development of the guidelines and expected outcomes, recommended African Continent". priority areas for sports development, resource requirements and institutional framework for To give concrete expression to the transition from implementation of the policy. "ECOWAS ofStates to ECOWAS ofPeoples", the new vision is articulated around five pillars and The policy is unique as it is backed by a strategic summarised as follows: action plan to translate the policy into concrete actions. Therefore, Member States are called upon a. Good Governance to actively support the implementation of the policy at national and regional levels. b. Infrastructure Development c. Private SectoV 1.1 Rationale for the ECOWAS Sports Policy d. Women, Children and Youth, Article 61 of the Revised ECOWAS Treaty, states that "....the commitment of the Community to promote e. Sustainable Natural Resource and and enhance the practice of sports with the view to Environmental Utilization. bringing together the youths of the region and ensuring their balanced development". Development This Policy document becomes imperative so that of a sports policy becomes necessary as a result the region shall join the global sporting community of, Resolution No. VII.00.12/CMJS of 1/9/00 of the in echoing the continental and international priorities meeting of the session of ECOWAS/CMJS, at as contained in the relevant agreed instruments, Ouagadougou, Burkina Faso on the development such as the AU Policy Framework for sustainable of Sports, recommendations of the Conference of development of sport in Africa (2008-2018) Ministers of Youth and Sports held in Cotonou, Benin, July, 2008 on Sports Development in the Inconsonance with ECOWAS objective of integration region and resolution No. VII.00.12/CMJS of 1/9/00 promoting the development of its people through adopting the Niamey Wrestling tournament as an human capital development initiatives, sports can ECOWAS Sport. This gave the Directorate of Gender be employed as a potent means of achieving these Development, Youth, Sports, Civil Society, objectives through the organisation of sporting Employment and Drug Control, and the ECOWAS events that bring together people to interact, share Youth and Sports Development Centre of the and learn in cordial environments. ECOWAS Commission the mandate to develop a sports policy to serve as a tool for cooperation

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1.2 Definition of Sports Sport for Excellence, or elitist participation and prestigious Sports are games and health promoting physical achievements; activities that are institutionalized with the codified Sport for Persons with special rules and regulations governing them at the recreational and competitive levels. needs; Sport for Women; 1.3. Vision and Mission of the ECOWAS Sports Policy Sport for Development and Peace; Sport for Integration; The vision of the ECOWAS Sports Policy is: • Development and promotion of traditional To position sports as a key sector of the socio African Sports and its placement in the economic lives of its people, a vehicle for human Calendar of International Sports; and development, peaceful co-existence and regional • Promotion and entrenchment of African integration, values in sports.

The mission of the ECOWAS Sports Policy is: 1.5 Guidelines and Expected Outcomes • To provide the overall sports policy framework and direction for sports, This Policy: facilitate the process of policy represents the shared vision and goals implementation, monitoring and of all ECOWAS Member States and evaluation and foster greater public- Governmental jurisdictions for sport and private sector participation in sports. challenges the sport community to share • To achieve this mission, ECOWAS shall in their achievement; be guided by the following core values: urges that ECOWAS sport people of all Employment of well-trained ages and abilities enjoy a broad range innovative personnel; of sport experiences, enriched by the presence of dedicated and qualified Establishment of good corporate volunteers, coaches, and staff; governance and management;

Adherence to professional emphasizes increased communication standards in all relationships with and collaboration amongst all the stakeholders and development stakeholders; partners; and commits all governments to setting Commitment to honesty, targets for enhanced participation and transparency, dedication and performance in sport in collaboration with highest ethical values. their respective sport confederations, federations, organizations and 1.4 Objectives of the ECOWAS Sports Policy communities; The ECOWAS Sports Policy has the following commits Member State governments to objectives: strengthen their regular and formal communication with their respective sport • To harmonise and coordinate the confederations, federations, position of Member States of ECOWAS organizations and communities on issues affecting sport and in particular to With regard to facilitation of: strengthening the fight against doping in Sport for All, as a human right in sport notably by supporting the regional living, learning and work contexts in and national anti-doping agencies; ECOWAS Member States;

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• contains complimentary proposed enjoy a broad range of sports strategies and activities for National Plans experiences, enriched by the presence of Action for sport development for of dedicated and qualified volunteers, implementation by Governments coaches, and staff; collectively and individually, bi-laterally and multilaterally, and by each sport • ECOWAS citizens will be recognized community; internationally for their excellence in national and international competitions • promotes programmes which will meetthe and for their leadership in sports and needs of all sport people and spectators; social development through sport in and Africa and abroad; and • Contributes to the achievement of the Millennium Development Goals. • Sport systems in ECOWAS Member States will focus on meeting the needs of The Sport Policy is anticipated to produce the athletes and participants. following outcomes: 2. SITUATIONAL ANALYSIS ON MEMBER • The majority of ECOWAS citizens will STATES share a sense of citizenship and quality of life through an increase in Further to the mentioned research activities participation in sports; employed in the development of the Policy, the analysis of Strengths, Weaknesses, Opportunities • The sports system will ensure that and Threats (SWOT) relating to Sport in the Member ECOWAS citizens of all ages and abilities States, were established as follows:

STRENGTHS WEAKNESSES

1. Political will (Decisions of Heads of 1. Ineffective transportation network States) 2. Absence of sport policies and 2. Supportive Legal framework (Art.22, instruments 23,61 of the Revised ECOWAS Treaty) 3. Inadequate funding 3. Existence of ECOWAS Conference of 4. Lack of capacities and Ministers for Sports competencies 4. Supportive Commission with required Inadequate empowerment of sport institutional structure administrators 5. Abundance of talents and skills Existing barriers to active 6. Availability of Institutional capacity participation (Youth Development Centre) 7. Dearth of information and data 7. Existence of regional and national 8. Lack of proper sports sport associations management 8. Existence of sports infrastructure and 9. Inadequate technology training centres and facilities for Elite Sports 10. Lack of adequate sponsorship

9. Practicing of traditional sports 11. Inadequate professional approach to procuring sponsorship 10. Existence of protocol for free movement of people, goods and 12. Gender inequality services

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STRENGTHS WEAKNESSES

11. Existence of media 13. Inadequate and inappropriate 12. Good relations withand representation sports facilities in continental and international sport 14. Inefficient communication system organisations 15. Paucity of research in sports 13. Efficient stakeholders networks 16. Inadequate access for people with 14. Past and present sports heroes special needs

15. Sustained Government funding for 17. Prevalence of HIV/AIDS, Malaria sports and Tuberculosis

OPPORTUNITIES THREATS 1. More effective harnessing of media 1. Lack of efficient sports services management 2. Hostingof internationalsporting events 2. Political instability 3. Opportunities for resource mobilisation 3. Drainage of talents and skills to 4. Strengthening of relationships between developed countries governments, national and 4. Drug abuse and doping in sports international sports organisations 5. Increasing Anti-social behaviours 5. Attraction of funding from donors and in sport development partners 6. Distraction from local sport by 6. Large youthful population strong attraction of international 7. Development of traditional sports sporting events

8. Human resources capacity building 7. Declining interest of able and willing 9. Opportunity for integration Sportsmen and women 10. Opportunity for people with special needs to participate in sport

3. STAKEHOLDERS AND BENEFICIARIES OF Successful implementation of the Sport Policy and THE POLICY its Strategic Plan of Action will require effective interaction between stakeholders, resulting in Collaboration between the ECOWAS Commission, strengthened political leadership in Member States Member States and relevant Government Agencies, in the domain of sport and greater accountability on the Private Sector, African Union Commission, and the part of all stakeholders and beneficiaries. National, Regional and International Sport Organisations (e.g. IOC, FIFA, CONFEJES, 4. THE ECOWAS SPORT POLICY ORIENTATION Commonwealth,WAFU), UNESCO and other specialised UN Agencies, the World Anti-Doping Recommended priority areas for Sport Agency (WADA), Civil Society Organisations, the development in the Region media, Professional Associations and traditional authorities, among other stakeholders, is called for In view of the important role of sport in regional in the Policy. integration and economic development, the ECOWAS Sport Policy calls for the following priorities The beneficiaries will be athletes, sports in planning and judicious allocation of resources for administrators, sports supporters and ultimatelythe sport in the region. citizens of the region.

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4.1. Sports for All 4.4 Sports and youth development

Promotion of Sports for All and physical activity Contributionto the development ofthe youth through initiatives within Member States which would sport constitutes a critical priority inthis policy. Sport constitute the integrated approach to the brings the youth into contact with each other and development of sports in the region. This would other communities, teach leadership skills, provide require strong political commitment and support at a constructive outlet, and generally enhance quality all levels as an essential prerequisite for ECOWAS of lifefor the youth. Sports facilitate the development leaders inthe promotion of health, fitness, well-being of citizenship awareness and dissemination of and sporting excellence of ECOWAS citizens to be ECOWAS principles and objectives. Social capital adapted to people of all ages, gender and of is built by learning to organize meetings, negotiate different social and economic conditions, regardless for the use of shared facilities, and deal with of local and regional cultures. expectations, triumphs and failures. In addition, it provides for a popular spectatorship and 4.2. Sports and the promotion of equal recreational activities opportunities for women 4. 5. Traditional sports In tandem with the ECOWAS Gender Policy, the Sport Policy strongly highlights the different needs Traditional sports and games which are part of the and equal opportunities for women through sports, cultural heritage are prioritised in this policy as for example access to public spaces where women sport is an important component of culture in the can gather,developnewskills together,gainsupport ECOWAS region. People express themselves and from others and enjoy freedom of expression and celebrate their communities through traditional movement. It can promote education, sports and games. People share stories, myths, and communication, negotiation skillsand leadership, all lessons derived from traditional sports. Through of which are essential for women's empowerment. sport people learn values and behaviors that are applied to all aspects of society - friendship, hard 4.3. Sport for economic and infrastructure work, discipline, excellence, and respect for others. development 4.6. Ethics in sports Sport for economic and infrastructure development of ECOWAS is amplified by this policy, by callingfor The ECOWAS Sport Policy strongly emphasises support to entrepreneurs for the manufacture of ethics in sport such as fairness, health and safety sporting goods, the development of sport-related and the avoidance of doping, harassment, abuse, services, infrastructure and sports events. intolerance and violence. Doping in sport poses a Additionally, sport shall produce indirect economic continuous threat to the wellbeing of athletes from effects in the region by improving the overall health the region, apart from the foul play component of of people, thereby contributing to reduction in the use of performance enhancing drugs. Hence, spending on health, while increasing labour this policy calls for Member States to ratify the productivity. UNESCO Convention against Doping in Sports, and Considering that sport is a significant sector of the protectthose whocommit themselves to dopingfree economies, the sport industry shall be supported in sports. the region, as it can account for a significant percentage of- Gross Domestic Product and jobs, 4.7. Sports for development and peace similar to that of agriculture and industrial sectors. Sport activities in geographic areas divided by war Development of Sport in the ECOWAS Region and deep-rooted hostility constitute an ideal forum requires balanced significant investment inthe sport for stimulating social dialogue and encouraging infrastructure. As sports generate substantial exchange, as well as providing an atmosphere revenues, both from professional sports and hosting conducive for implementing conflict resolution and national or international events, ECOWAS Member reconciliation programmes. In the ECOWAS region, States are urged to plough back, develop and sport can bring people together in ways that cut maintain sport infrastructure with the view to create across boundaries and break down barriers allowing jobs. Hosting sports events can also have a long- different groups to interact and exchange ideas. This term impact on local and regional economies, policy therefore, emphasizes the importance ofsport especially in the aspect of sports tourism. in the service of social development and peace.

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4.8. Sports and health 5. RESOURCE REQUIREMENTS FOR THE IMPLEMENTATION OF THE POLICY Promotion of healthy life-styles for the prevention of non-communicable diseases among citizens of The implementation of this policy shall be based on the ECOWAS region is called for in this policy, as the following statements: physical activity is fundamental to positive human development and contributes to healthy, long and 5.1 Human Resources more productive lives. Research has shown that participation in sportsand physical activity at all ages 5.1.1 Capacity building and human resource development can help prevent and manage non communicable diseases such as cardio-vasculardiseases, cancer, This policy seriously opposes the soliciting of sport diabetes, obesity , mental disorders and HIV/AIDS. talents and professional and administrative skills from the Region to join programmes in developed 4.9. Sports and education countries and areas on the Continent to seek laurels overseas. Opportunities for talented youngsters The first point of contact and exposure to sports for should be created in regional trainingcentres to limit the average person is at school. This is where the the drain of sports talents abroad. basics of recreational activity and physical education must be inculcated. It is a fundamental objective of Due to the lack of training facilities, scholarship the education system to nurture an inquiring mind opportunities and career incentives for ECOWAS in a fit body and the future emergence of excellence citizens to specialise in the administrative, technical in sports will depend on the development of a and scientific areas of sport, a significant backlog structured approach to sports in school that involves of sport professionals has builtup over time. Hence, all the stakeholders in education, including higher the policy highlights the need for establishment of educational institutions. The Policy therefore seeks facilities forthe trainingofsportsmen, administrators, to ensure the monitoring of sport and physical technicians and scientists, construed as the education as compulsory integral part of the school backbone of the development strategy. and college curricula incompliance withinternational instruments. 5.1.2Leadership training and partnership development 4.10 Sports and persons with special needs For the development of sport in the region, This Policy urges stakeholders to provideconditions leadership skills need to be developed among that will enable persons with special needs in the athletes, coaches, officials, volunteers, sport region to use their abilities as individuals or in federations, the private sector and entrepreneurs, association with others to not only practise sports, and in various levels of Government. In addition, but also to contribute to the development of sport the capacity for partnerships, based on trust, needs and to be self-supporting by participating indifferent to be fostered between the same individuals and sport events, skills training, gainful employment organizations as it will support the implementation opportunities and other services. of the policy. This will entail accountability training for transparency, measurement of results and 4.11. Sports and sustainable environment performance against objectives.

The Policy callsforactions to counteractthe impact 5.2 Financial Resources on the environment aimed at the upholding ofethical issues and preventing social degradations and 5.2.1 Funding unwholesome practices in the sports environment thereby fostering sustainability of the environment The resource mobilization efforts for implementation of the ECOWAS Sport Policy shall be based upon 4.12 Sports award and recognition of the following sources. excellence 5.2.2 ECOWAS Source of funding Sports men and women significantly contribute to building a positiveimage and foster patriotism intheir There shall be established an ECOWAS fund for respective countries and the region, and should sports development as the primary source of fund hence be valued, recognised and rewarded. mobilisation for the implementation of sports development aspects of this policy document.

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5.2.3 Government budgetary provisions 6. Institutional framework for the implementation of the policy Although national budgets normally include both recurrent and capital expenditure provisions for The ECOWAS sports policy accompanied by the sports activities, the challenges common to all strategic action plan 2011 - 2020 shall involve all Member States are the inadequacy of the funds stakeholders in sports (athletes/participants, allocated to sports, or the inability to access the coaches, officials, communities, organisations, funds as and when they are required. This is a institutions, governments etc.) inthe implementation. major inhibitive factor to the growth and development of sports in the sub-region. 6.1 The ECOWAS Commission

Inorder to attain regional goals with regard to sports, The ECOWAS Commission has the mandate to play government budgetary allocations for sports shall a harmonisation, coordination and advocacy role be enhanced and funds for training and re-training with regard to sport in the region. This includes of sportsmen and women, as well as capacity mobilization of resources, monitoring and evaluation building for sports administrators and managers will of the implementation of ECOWAS Declarations, be released timely. Decisions, and Programmes on Sport, including the Sport Policy and for the dissemination of best 5.2.4 Development partners and donor practices and harmonization of policies and agencies strategies to promote sport effectively in the ECOWAS region. Development partners and donor agencies have evidently not made the desired impact on policy The ECOWAS Commission, through its Youth and formulation, programme execution and appropriate Sports Development Centre, will ensure that member feedback for the development of sports in the region. states's Governments support the development of This may be due to the lack of soliciting proactive sports systems through national sports suggestions from cooperating partners on the organizations, national sports centres, multi-sports management and administrationofsports inmember organizations, the demonstration of strong political states. The region has also not engaged with will and the funding of sports programmes and cooperating partners on adequate funding targets activities. for sports, sponsorship and promotional endeavours. The ECOWAS Commission shall:

Regional and national sport policies and • Facilitate the hosting of regional and programmes should recognise the roles and international events; contributions of donor organizations and agencies. • Ensure access to essential services This could be done by compiling a directory of needed by persons with special needs; stakeholder partners and agencies to ensure systematic eliciting, documenting and recognising • Support policy and programme of their inputs at the primary stages of sport policy implementation among Member States and programme formulation. and governments;

5.2.5 Donations, sponsorships and • Promote regional sports and raise awareness of the values imbedded in volunteerism sport; and

Donations and sponsorships by individuals and • Mobilise resources for the implementation corporate bodies for the development of sports of sports programmes and events, at the should elicit tax reliefs or holidays in order to grass roots level through elite levels. encourage prospective sponsors. Contributions in kind, likevoluntary work, should also be encouraged. 6.2 Member States

5.2.6 Private Sector Member State Governments will support the implementation of the Policy by systematically The private sector would be strongly included as incorporating relevant components of the Policy into special partner of the State in the development of their annual Plans of Action. Member States will sports policies and programmes.

19 March 2011 ECOWAS Official Journal Vol. 58 furthermore advocate for resource mobilization and Provide technical support to Federations budgetary provisions as a demonstration of organising sports training programmes ownership, and conduct monitoring and evaluation on the implementation of the Policy. Member States Support the interventionist programmes will promote civil society and private sector enunciated by member states in clear cases of gender discrimination participation in national and regional sport programmes. Give necessary funding and support

Specifically member states shall; 6.4 Other Regional Bodies and Communities Incorporate the ECOWAS Day Run in Through bilateral and multilateral agreements, their annual sports calendar and ensure national participation of all stakeholders ECOWAS shall seek to collaborate with other as enumerated in the Policy regional bodies, such as the African Union Commission, CONFEJES, Commonwealth, WAFU Enunciate interventionist sports and United Nations System to promote peace, programmes in clear cases of gender security, health, physical well being and economic discrimination. development through sports. Bid for ECOWAS Games and other ECOWASCommunity Sports 6.5 Sharing of best practices Participate in ECOWAS Games and ECOWAS through this sports policyshall encourage other Community sports where and when research on best practices on sporting activities, they are staged networking and information sharing among Member Create National Paralympic Sports States to promote excellence in sports Committee for persons with Special needs 7. POPULARISATION AND PROMOTION OF 6.3 National and International Sports THE ECOWAS SPORTS POLICY Federations The ECOWAS Commission and Member States shall National and international sport federations and undertake to popularise and promote the Policy and other development partners are to align their its strategic Plan of Action in view of sensitising all financial and technical assistance and cooperation stakeholders and the general public plans with national and regional needs and priorities for implementation of the ECOWAS Sport Policy. 8. MONITORING AND EVALUATION OF THE IMPLEMENTATION OFTHE POLICYAND ITS National Sports Federations shall: STRATEGIC PLAN OF ACTION Give priority of participation at sports events to sporting activity in the A Monitoring and Evaluation Committee is hereby established in accordance with the provisions of ECOWAS region Article23 of the Revised ECOWASTreaty to monitor, Institutionalise more sports and games evaluate and coordinate the implementation of the activities within the region while provisions of the Sports Policy. ECOWAS shall collaborate with Member States, National and increasing the frequency of mounting International Sport Federations, development same. partners, regional bodies and communities to ensure Conduct training aimed at improving effective and efficient administration and capacity of'sports personnel within the implementation of this policy.

ECOWAS region 9. AMENDMENT AND REVIEW OF THE POLICY

International Sports Federations shall This policy shall be due for review and amendment Support the creation of National every ten (10) years from the date of its adoption Paralympics sports committee in or such a time as deem fit by the ECOWAS Ministers ECOWAS Member States and give of Youth and Sports or upon the recommendation necessary support in areas of equipment of the ECOWAS Commission. and facility development

20 March 2011 ECOWAS Official Journal Vol. 58

SUPPLEMENTARY ACT ASA.2/03/11 ON THE Government to impose sanctions on the country in LIFTING OF ALL SANCTIONS IMPOSED BY line with Article 45 of the Supplementary Protocol on ECOWAS ON THE REPUBLIC OF NIGER Democracy and Good Governance;

CONSIDERING that following the overthrow of the THE HIGH CONTRACTING PARTIES, Government of President Tandja and subsequent takeover by the Supreme Council for the Restoration MINDFULofArticles 7,8 and 9 of the ECOWAS Treaty of Democracy (CSRD)) all the sanctions prescribed as amended, establishing the Authority of Heads of in Article 45 of the Supplementary Protocol on State and Government and defining its composition Democracy and Good Governance were applied; and functions; CONSIDERING that after note had been taken of the MINDFUL of the ECOWAS Declaration of Political positive steps taken by the Supreme Council for the Principles adopted in Abuja on 6 July 1991; Restoration of Democracy and its efforts for the return to constitutional legality in Niger, the Authority MINDFUL of the Protocol relating to the Mechanism of Heads of State and Government decided on 2 July for Conflict Prevention, Management, Resolution, 2010 to allowthe participationof Nigeras an observer Peace-keeping and Security signed in Lome on 10 in ECOWAS meetings at ministerial level from that December 1999; date until 1st March, 2011, when constitutional legality would have been restored in the country; MINDFUL of the Protocol on Democracy and Good Governance signed in Dakar on 21 December 2001; NOTING with satisfaction that the Supreme Council for the Restoration of Democracy fulfilled its MINDFULof the ECOWAS Convention on Small Arms commitments by organising successfully, peaceful, and Light Weapons, their Ammunition and other free, fair and transparent elections on 31st January Related Materials of 14 June 2006; and 12th March, 2011 ;

MINDFUL of the Principles enshrined in the OAU NOTING that the transition Authorities in Niger Solemn Declaration on Security, Stability, respected the rule of law and political rights in their Development and Cooperation in Africa, adopted in country and that the democratisation process is Abuja on 8 and 9 May, 2000, as well as Decision headed in the right direction; AHG. DEC. 142 (xxv) on the Framework for OAU Response to Unconstitutional Changes of CONSIDERING that there are no reasons for Government, adopted in Algiers in July 1999; ECOWAS to maintain its sanctions against Niger.

CONSIDERING that contrary to the spirit and letter of the Constitution of Niger and in violation of the HEREBY AGREE AS FOLLOWS: ECOWAS Supplementary Protocol on Democracy and Good Governance, the former Government of Article 1 the Republic of Niger held a Constitutional Referendum on 4 August 2009, thereby amending All sanctions imposed on the Republic of Niger in the Constitution ofthe countrywith the view to keeping accordance with Article 45 of the ECOWAS the former President Mamadou Tandja in power for Supplementary Protocol on Democracy and Good three (3) years at the end of his second term; Governance are hereby lifted with immediate effect.

RECALLING Supplementary Act ASP.1/10/09 on the Article 2 adoption of measures to ensure the restoration of Democratic Governance and respect of the Rule of The President of the Commission shall take all law in the Republic of Niger; necessary measures to ensure prompt implementation of this Supplementary Act. CONSIDERING the negativeattitudeofthe erstwhile Authorities in Niger, in spite of efforts by ECOWAS Article 3 and the entire International Community to promote dialogue among political stakeholders in Niger and The President of the Commission shall notifyMember avoid a setback to democracy which informed the States, Community Institutions, the African Union, decision of the Authority of Heads of State and European Union, International Organisation of the

21 March 2011 ECOWAS Official Journal Vol. 58

Francophonie and the United Nations of this Article 5 Supplementary Act and seek their support in its implementation; This Supplementary Act shall be deposited with the Commission, which shall forward certified true copies Article 4 thereof to all Member States and shall register same with the African Union, the United Nations and such This Supplementary Act, which shall enter into force other organisations as Council may determine. upon signature, shall be published by the ECOWAS Commission in the Official Journal of the Community within thirty (30) days. It shall published by each Member State in its National Gazette withinthirty(30) days of notification by the Commission.

INWITNESS WHEREOF, WE THE HEADS OF STATE AND GOVERNMENT OF THE ECONOMIC COMMUNITY OFWEST AFRICAN STATES, HAVE SIGNED THIS SUPPLEMENTARY ACT

DONEAT ABUJA, THIS 24TH DAYOF MARCH, 2010 IN SINGLE ORIGINAL IN THE ENGLISH, FRENCH AND PORTUGUESE LANGUAGES, ALLTHREE (3) TEXTS BEING EQUALLY AUTHENTIC.

H. E. Dr. Thomas Boni YAYI H. E. Mr. Blaise COMPAORE President of the Republic of BENIN President of FASO

4i"'

H.E. Jorge BORGES H.E. Jean Marie KACOU GERVAIS Minister of External Relations Minister of Foreign Affairs Republic of CAPE VERDE Republic of COTE D'LVOIRE

H. E. Aja Dr. Aisatou NjieSaidy H^EHvir. John Dramani MAHAMA Vice President and Minister of Women Affairs Vice President Republic of the GAMBIA Republic of GHANA

22 March 2011 ECOWAS Official Journal Vol. 58

H.E. El Hadj Ousmane BAH H.E. Malam BacaiSANHA Minister of State, President of the Republic of Republic of GUINEA GUINEA BISSAU

H.E. Mrs. Ellen JOHNSON-SIRLEAF H. E. Mr. Amadou Toumani TOURE President of the Republic of Liberia President of the Republic of Mali

H.E. Salou DJIBO H. E. Goodluck Ebele JONATHAN, (GCFR) General of Armed Forces President, Commander-in-Chief President of the Supreme Council of the Armed Forces of the Federal Republic For the Restoration of Democracy of Nigeria, Chairman of the Authority Head of State, Republic of Niger of Heads of State and Government of ECOWAS

H. E. M. Abdoulaye WADE H. E. Ernest Bai KOROMA President of the Republic of Senegal President of the Republic of Sierra Leone

LMA*}hs ((CD ^

H. E. tyr. Faure Essozimna GNASSINGBE President of the Togolese Republic

23 Vol. 58 March 2011 ECOWAS Official Journal

SUPPLEMENTARY ACT ASA.3/03/11 ON THE decision-making with regards to exemption requests LIFTING OF ALL SANCTIONS IMPOSED BY under the ECOWAS Convention on Small Arms and ECOWAS ON THE REPUBLIC OF GUINEA Light Weapons, theirAmmunition and other Related Materials;

THE HIGH CONTRACTING PARTIES, CONSIDERING that peaceful presidential elections, universally recognised as free, fair and transparent MINDFULofArticles 7.8and 9 of the ECOWASTreaty were held on 27th June 2010 in Guinea; as amended, establishing the Authority of Heads of State and Government and defining its composition NOTING that following the elections of7th November and functions; 2010 power was transferred to the democratically elected Government of President Alpha Conde; MINDFUL of the ECOWAS Declaration of Political Principles adopted in Abuja on 6 July 1991; CONSIDERING that the transfer of power in Guinea to the democratically elected Government created a MINDFUL of the Protocol relating to the Mechanism conducive atmosphere to the return of democratic for Conflict Prevention, Management, Resolution, governance and respect for the rule of law in Guinea; Peace-keeping and Security signed in Lame on 10 December 1999. NOTING that the aforementioned measures taken by ECOWAS against Guinea are no longer relevant MINDFUL of the Protocol on Democracy and Good and that there are no reasons to maintain them; Governance signed in Dakar on 21 December 2001;

HEREBY AGREEAS FOLLOWS: MINDFULofthe ECOWAS Convention on SmallArms and Light Weapons, their Ammunition and other Article 1 Related, Materials of 14 June 2006; The suspension of the Republic of Guinea from MINDFUL of the Principles enshrined in the OAU Solemn Declaration on Security, Stability, participation in all meetings of ECOWAS decision Development and Cooperation in Africa, adopted in making bodies is hereby lifted. Abuja on 8 and 9 May 2000, as well as Decision AHG DEC.142 (xxv) on the Framework for an OAU Article 2 Response to Unconstitutional Changes of Government, adopted in Algiers in July 1999; The provisions of Articles 5, 6 and 7 of the Supplementary Act A/SP2/01/09 of 17 October 2009 MINDFUL of Supplementary Act ASP.2/09/09 on the relating to the refusal to grant exemptions to the adoption of measures for the restoration of Government of Guinea to import, export and Democratic Governance and respect for the rule of manufacture light weapons, exclusion of the country law in the Republic of Guinea; from decision-making with regards to exemption requests under the ECOWAS Convention on Small RECALLING that at its Extraordinary Summit held on Arms and Light Weapons, theirAmmunition and other 10 January, 2009 inAbuja, the Authority of Heads of Related Materials as well as the arms embargo on State and Government considered the takeover of Guinea are hereby repealed. government by the National Council for Democracy and Development (CNDD), led at that time by Captain Article 3 Moussa Dadis Camara, as a setback to democracy and thus suspended Guinea from participating in all The President of the Commission shall take all the meetings of ECOWAS decision-making bodies, until necessary measures to ensure prompt the restoration of constitutional order in that country; implementation of this Supplementary Act.

RECALLING also that in order to facilitate the return Article 4 to democratic governance and promote respect for the rule of law inthe Republic of Guinea, the Authority The President of the Commission shall notify Member of Heads of State and Government on 17 October, States, Community Institutions, the African Union, 2009, adopted measures including the imposition of European Union, and International Organisation of an arms, ammunition and military equipment the Francophonie and the United Nations of this embargo on Guinea, exclusion of the country from Supplementary Act and seek their support in its implementation;

24 March 2011 ECOWAS Official Journal Vol. 58

Article 5 Article 6

This Supplementary Act, which shall enter into force This Supplementary Act shall be deposited with the upon signature, shall be published by the ECOWAS Commission which shall forward certifiedtrue copies Commission in the Official Journal of the Community thereof to all Member States and shall register same within thirty (30) days. It shall also be published by with the African Union the United Nations and such each Member State in its National Gazette within thirty other organisations as Council may determine. (30) days of notification by the Commission.

IN WITNESS WHEREOF, WE THE HEADS OF STATE AND GOVERNMENT OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES, HAVE SIGNED THIS SUPPLEMENTARY ACT

DONE AT ABUJA, THIS 24TH DAY OF MARCH, 2011

IN SINGLE ORIGINAL IN THE ENGLISH, FRENCH AND PORTUGUESE LANGUAGES, ALLTHREE (3) TEXTS BEING EQUALLY AUTHENTIC.

H. E. Dr. Thomas Boni YAYI H. E. Mr. Blaise COMPAORE President of the Republic of BENIN President of FASO

4^'

H.E. Jorge BORGES H.E. Jean Marie KACOU GERVAIS Minister of External Relations Minister of Foreign Affairs Republic of CAPE VERDE Republic of COTE D'LVOIRE

H. E. Aja Dr.Aisatou Njie Saidy H^rMr. John Dramani MAHAMA Vice President and Minister of Women Affairs Vice President Republic of the GAMBIA Republic of GHANA

H.E. El Had] Ousmane BAH H.E. Malam Bacai SANHA Minister of State, President of the Republic of Republic of GUINEA GUINEA BISSAU

25 March 2011 ECOWAS Official Journal Vol.58

U£ jjuu- fa*r~ H. E. Mrs. Ellen JOHNSON-SIRLEAF H. E. Mr. Amadou Toumani TOURE President of the Republic of Liberia President of the Republic of Mali

H. E. M. Abdoulaye WADE H. E. Ernest Bai KOROMA President of the Republic of Senegal President of the Republic of Sierra Leone

i^(Aw-luo iP^^

H. E. MriFaureA Essozimna GNASSINGBE President of the Togolese Republic

26 March 2011 ECOWAS Official Journal Vol. 58

SUPPLEMENTARYACTASA.4/03/11 AUTHORISING HEREBY AGREEAS FOLLOWS: EMERGENCY ECOWAS FUNDING OF ELECTRIC POWER SUPPLY TO THE TOWN OF CONAKRY Article 1: Approval and Amount of the Emergency Plan

THE HIGH CONTRACTING PARTIES, The programme on Emergency Power Supply to Conakry, estimated at One Hundred and EightMillion MINDFULof Articles7,8and9ofthe ECOWASTreaty (108 000 000) US Dollars is hereby approved and as amended, creating the Authority of Heads of State adopted. and Government and defining its composition and functions; Article 2: Grant and Loan

MINDFUL of Decision A/DEC.3/5/82 of the Authority ECOWAS shall provide financial support to the tune of Heads of State and Government adopting the of Thirty Million (30 000 000) US dollars, of which ECOWAS Energy Policy; Ten Million (10 000 000) shall be provided as a grant and Twenty Million (20 000 000) as a flexible loan, MINDFUL of Decision A/DEC.5/12/99 creating the the terms of which shall be set out in a separate West African Power Pool (WAPP) and its steering agreement between the Republic of Guinea and the bodies; ECOWAS Commission represented by the WAPP.

CONSIDERING the conclusions and Article 3: Directive Recommendations of the meeting between a high- level ECOWAS delegation and the Guinean The Authority shall direct the ECOWAS Commission authorities, on the preparation of a special to seek out development partners with a view to programme to support the Republicof Guinea inthe soliciting assistance to cover the balance of funds area of electric power supply; needed for the effective implementation of the emergency programme. CONSIDERING that the Republic of Guinea which successfully ended its political crisis withthe conduct Article 4: Implementation of democratic elections, has requested the support of ECOWAS inthe provision of electricityto Conakry; The President of the Commission and Chair of the Council of Ministers- shall be responsible in their NOTING that the existing energy infrastructure in different areas of competence, for the implementation Conakry cannot adequately provide power to of this Supplementary Act. Conakry; Article 5: Entry into Force NOTING also that the cost of the Emergency programme amounts to a Hundred and Eight Million This Supplementary Act shall enter into force upon (108 000 000) US dollars, this being the findings of signature and shall be published by the Commission the high-level ECOWAS mission to the Republic of in the Official Journal of the Community within thirty Guinea; (30)days of its publication. Itshall also be published by each Member State in its National Gazette within CONSIDERING that ECOWAS has recognised the the same time frame and after notification by the need to provideassistance to the Republic ofGuinea Commission. in the amount of Thirty Million (30 000 000) US dollars, of which Ten Million (10 000 000) is provided Article 6: Depository Authority as a grant and Twenty Million (20 000 000) as a loan on very flexible terms to be defined in a separate This Supplementary Act shall be deposited at the agreement between the Republic of Guinea, the Commission which shall forward certified copies ECOWAS Commission and the West Africa Power thereof to all Member States and shall register same Pool (WAPP); with the African Union, United Nations and any other CONSIDERINGalso that ECOWAS through the WAPP organisation as Council may determine. will seek the assistance of development partners in order to secure the loan;

CONVINCED of the need to take urgent action;

27 March 2011 ECOWAS Official Journal Vol.58

IN FAITHWHEREOF, WE THE HEADS OF STATE AND GOVERNMENT OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES HAVE SIGNED THIS SUPPLEMENTARY ACT

DONE AT ABUJA, THIS 24TH DAY OF MARCH, 2011

IN SINGLE ORIGINAL INTHE ENGLISH, FRENCH AND PORTUGUESE LANGUAGES, ALLTHREE (3) TEXTS BEING EQUALLY AUTHENTIC.

H. E. Dr. Thomas Boni YAYI H. E. Mr. Blaise COMPAORE President of the Republic of BENIN President of FASO

4^'

H.E. Jorge BORGES H.E. Jean Marie KACOU GERVAIS Minister of External Relations Minister of Foreign Affairs Republic of CAPE VERDE Republic of COTE D'LVOIRE

r |j^ H. E.Aja Dr. Aisatou Njie Saidy H.feHvlr; John Dramani MAHAMA Vice President and Minister of Women Affairs Vice President Republic of the GAMBIA Republic of GHANA

H.E. El Had] Ousmane BAH H.E. Malam BacaiSANHA Minister of State, President of the Republic of Republic of GUINEA GUINEA BISSAU

H. E. Mrs. Ellen JOHNSON-SIRLEAF H. E. Mr. Amadou Toumani TOURE President of the Republic of LIBERIA President of the Republic of MALI

28 March 2011 ECOWAS Official Journal Vol.58

H.E. Salou DJIBO H. E. Goodluck Ebele JONATHAN (GCFR) General of Armed Forces President, Commander-in-Chief President of the Supreme Council of the Armed Forces of the Federal Republic For the Restoration of Democracy of Nigeria, Chairman of the Authority Head of State, Republic of Niger of Heads of State and Government of ECOWAS

H. E. M. Abdoulaye WADE H. E/Ernest Bai KOROMA President of the Republic of Senegal President of the Republic of Sierra Leone

H. E.iMr. Faure EssozimnaGNASSINGBE President of the Togolese Republic

29 Vol. 58 March 2011 ECOWAS Official Journal

DECISION A/DEC.1/3/11 RELATING TO THE and the development of a regional security GRANTING OF A POSTHUMOUS ECOWAS framework through which peace and security issues FOUNDERS HONORARY AWARD TO HIS are addressed; EXCELLENCY LATE GNASSINGBE EYADEMA, FORMER PRESIDENT OF THE TOGOLESE DESIROUSof recognizing and honoring, through the REPUBLIC presentation of meritorious awards, the invaluable perspicacity and contributions of outstanding CommunityLeaders whose visionforthe Community THE AUTHORITY OF HEADS OF STATE AND has advanced what can best be described as the GOVERNMENT; "ECOWAS Project";

MINDFULofArticles 7,8 and 9 of the ECOWAS Treaty as amended establishing the Authority of Heads of DECIDES State and Government and defining its composition and functions; ARTICLE 1

RECALLING the vision of the founders of ECOWAS The Economic Community of West African States who saw the need for the integration of West African hereby grants posthumously, the "ECOWAS States into a viable economic region; Founders Honorary Award" to His Excellency, the late GNASSINGBE Eyadema, former President BEARINGin mind that the creation of such a regional of the Togolese Republic in recognition of his economic Community encouraged, fostered and meritorious service to the Community. accelerated the economic and social development of West African States; ARTICLE 2

RECALLING with immense gratitude the efforts and This Decision shall be published by the ECOWAS measures undertaken by the founders of ECOWAS Commission in the Official Journal of the Community, through sensitization of all Heads of States in West withinthirty (30) days of its signature by the Chairman Africa at the time, in order to ensure that their vision of Authority. It shall also be published by each for the region was shared by all other West African Member State in its Official Journal, within thirty (30) Leaders; days after its notification by the Commission.

REAFFIRMING the Treaty that was signed in Lagos DONE ATABUJA, on 28 May 1975 which then established the THIS 24TH DAY OF MARCH 2011 envisioned Economic Community of West African States;

RECOGNISING that the same 1975 Treaty laid the foundation for the establishment and development of ECOWAS and its many Institutions;

ALSO RECALLING the revision of the 1975 Treaty H. E. GOODLUCK EBELE JONATHAN (GCFR) in 1993 leading to the adoption of an improved Chairman enabling instrument for ECOWAS, including the For the Authority principle of supra-nationality, the establishment of more Community institutions and the strengthening of the Regional Security framework of the Community;

HAVING NOTED the progressive development ofthe Community since its inception particularly with regards to the principle of Community citizenship, free movement of persons, goods and capital within the region, progressive efforts at developing a customs and monetary union, as well as a competitive regional market for trade and investment

30 March 2011 ECOWAS Official Journal Vol.58

DECISION A/DEC.2/3/11 RELATING TO THE and the development of a regional security GRANTING OF THE ECOWAS FOUNDERS framework through which peace and security issues HONORARY AWARD TO HIS EXCELLENCY are addressed; GENERAL YAKUBU GOWON (RTD), FORMER HEAD OF STATE OFTHE FEDERAL REPUBLIC OF DESIROUS of recognizing and honoring, through the NIGERIA presentation of meritorious awards, the invaluable perspicacity and contributions of outstanding Community Leaders whose vision for the Community THE AUTHORITY OF HEADS OF STATE AND has advanced what can best be described as the GOVERNMENT; "ECOWAS Projecf;

MINDFUL of Articles 7,8and 9 of the ECOWAS Treaty DECIDES as amended establishing the Authority of Heads of State and Government and defining its composition ARTICLE 1 and functions; The Economic Community of West African States hereby grants to His Excellency General Yakubu RECALLING the vision of the founders of ECOWAS Gowon (RTD), former Head of State of the who saw the need for the integration of West African Federal Republic of Nigeria the 'ECOWAS States into a viable economic region; Honorary Founders Award" in recognition of his meritorious service to.the Community. BEARING in mind that the creation of such a regional economic Community encouraged, fostered and ARTICLE 2 accelerated the economic and social development of West African States; The ECOWAS Founders Honorary Award confers on the awardee a life-long award. RECALLING with immense gratitude the efforts and measures undertaken by the founders of ECOWAS ARTICLE 3 through sensitization of all Heads of States in West Africa at the time, in order to ensure that their vision The ECOWAS Founders Honorary Award also for the region was shared by all other West African confers on the awardee the status of "Ambassador Leaders; at large" of ECOWAS. In that capacity the awardee can at the instance of the Chairman of Authority or REAFFIRMING the Treaty that was signed in Lagos the President of the ECOWAS Commission undertake on 28 May 1975 which then established the anycommunity assignment that promotesthe interest envisioned Economic Community of West African of ECOWAS. States; ARTICLE 4 RECOGNISING that the same 1975 Treaty laid the foundation for the establishment and development The ECOWAS Founders Honorary Award entitles its of ECOWAS and its many Institutions; recipient to the under-mentioned privileges:

ALSO RECALLING the revision of the 1975 Treaty a) Standing invitation to all ECOWAS Summit of in 1993 leading to the adoption of an improved the Authority of Heads of State and enabling instrument for ECOWAS, including the Government, at the expense of the Community; principle of supra-nationality, the establishment of more Community institutions and the strengthening b) Access to ECOWAS Official Journals, Annual of the Regional Security framework of the reports of ECOWAS activities and all other relevant information that define the operations Community; and activities of the Community and its HAVING NOTED the progressive development ofthe Institutions; Community since its inception particularly with regards to the principle of Community citizenship, c) The right to make oral or written technical free movement of persons, goods and capital within contributions on ECOWAS activities which will the region, progressive efforts at developing a be submitted to statutory meetings of the Institutions and Technical Committees of the customs and monetary union, as well as a competitive regional marketfortrade and investment Community.

31 March 2011 ECOWAS Official Journal Vol- 58

ARTICLES DECISION A/DEC.3/03/11 RELATING TO THE GRANTING OF ECOWAS FOUNDERS HONORARY The President of the Commission shall take AWARDTO HIS EXCELLENCYADEBAYOADEDEJI necessary measures to ensure the granting of the OFNIGERIA, FORMER SECRETARYGENERALOF privileges highlighted under Articles 3 and 4 of this THE ECONOMIC COMMUNITY OF AFRICA Decision.

ARTICLE 6 THE AUTHORITY OF HEADS OF STATE AND GOVERNMENT; This Decision shall be published by the ECOWAS Commission in theOfficial Journal oftheCommunity, MINDFULof Articles 7,8 and9ofthe1993 ECOWAS within thirty (30) days of its signature by theChairman Treaty establishing the Authority of Heads of State of Authority. It shall also be published by each and Government and defining its composition and Member State in its Official Journal, within thirty (30) functions; days after its notification by the Commission. RECALLING the vision of the founders of ECOWAS DONE ATABUJA wno saw *neneec' f°r tne integrationof West African THIS 24TH DAY OF MARCH 2011 States into a viable economic region;

BEARING in mind that the creation of such a regional economic Community encouraged, fostered and accelerated the economic and social development of West African States;

RECALLING with immense gratitude the efforts and HE. GOODLUCK EBELE JONATHAN(GCFR) m^f^lS un1de*aken both bv the founders of Chairman ECOWAS and other eminent personalities through For the Authority sensitization of all Heads of States in West Africa at the time, in order to ensure that their vision for the region was shared by all other West African Leaders;

REAFFIRMING the Treaty which then established the envisioned Economic Community of West African States that was signed in Lagos on 28 May 1975;

RECOGNISING that the same 1975 Treaty laid the foundation for the establishment and development of the ECOWAS and its many Institutions;

ALSO RECALLING the revision of the 1975 Treaty in 1993 leading to the adoption of an improved enabling instrument for ECOWAS, including the principle of supra-nationality, the establishment of more Community institutions and the strengthening of the Regional Security perspective of the Community;

32 March 2011 ECOWAS Official Journal Vol. 58

DESIROUS of recognizing and honoring, through the ARTICLE 6 presentation of meritorious awards, the invaluable perspicacity and contributions of outstanding This Decision shall be published by the ECOWAS Community Leaders whose vision for the Community Commission in the OfficialJournal of the Community, has advanced what can best be described as the within thirty (30) days of its signature by the Chairman "ECOWAS Project"; of Authority. It shall also be published by each Member State in its Official Journal, within thirty (30) DECIDES days after its notification by the Commission.

ARTICLE 1 DONE ATABUJA, THIS 24TH DAY OF MARCH 2011 The Economic Community of West African States hereby grants the "ECOWAS Founders Honorary Award" to His Excellency Adebayo ADEDEJI in recognition of his meritorious service to the Community.

ARTICLE 2 H. E. GOODLUCK EBELE JONATHAN (GCFR) The ECOWAS Founders Honorary Award confers on Chairman the awardee a life-long award. For the Authority

ARTICLE 3

The ECOWAS Founders Honorary Award also confers on the awardee the status of "Ambassador at large" of ECOWAS. In that capacity the awardee can at the instance of the Chairman of Authority or the President of the ECOWAS Commission undertake anycommunity assignment thatpromotes theinterest of ECOWAS.

ARTICLE 4

The ECOWAS Founders Honorary Award entitles it recipient to the under-mentioned privileges: a) Standing invitation to all ECOWAS statutory meetings, at the expense ofthe Community ; b) Access to ECOWAS Official Journals, Annual reports of ECOWAS activities and all other relevant information that define the operations and activities of the Community and its Institutions; c) The right to make oral or written technical contributions on ECOWAS activities which will be submitted to statutory meetings of the Institutions and Technical Committees of the Community.

ARTICLES

The President of the Commission shall take necessary measures to ensure the granting of the privileges highlighted under Article 3 of this Decision.

33 March 2011 ECOWAS Official Journal Vol. 58

DECISION A/DEC.4/3/11 RELATING TO THE and the development of a regional security GRANTING OF ECOWAS FOUNDERS HONORARY framework through which peace and security issues AWARD TO HIS EXCELLENCY EDEM KODJO OF are addressed; TOGO, FORMER SECRETARY GENERAL OFTHE ORGANISATION AFRICAN UNITY (OAU) AND DESIROUS of recognizing and honoring, through the FORMER PRIME MINISTER OF TOGO presentation of meritorious awards, the invaluable perspicacity and contributions of outstanding Community Leaders whose vision for the Community THE AUTHORITY OF HEADS OF STATE AND has advanced what can best be described as the GOVERNMENT; "ECOWAS Project";

MINDFULof Articles 7,8 and 9 ofthe ECOWAS Treaty DECIDES as amended establishing the Authority of Heads of State and Government and defining its composition ARTICLE 1 and functions; The Economic Community of West African States RECALLING the vision of the founders of ECOWAS hereby grants the "ECOWAS Founders Honorary who saw the need for the integrationof West African Award" to His Excellency Edem KODJO in States into a viable economic region; recognition of his meritorious service to the Community. BEARING in mind thatthecreation ofsucha regional economic Community encouraged, fostered and ARTICLE 2 accelerated the economic and social development of West African States; The ECOWAS Founders HonoraryAwardconfers on the awardee a life-long award. RECALLING with immense gratitudethe efforts and measures undertaken both by the founders of ARTICLE 3 ECOWAS and other eminent personalities through sensitization of ail Heads of States in West Africa at The ECOWAS Founders Honorary Award also the time, in order to ensure that their vision for the confers on the awardee or his legal representative region wasshared byall otherWestAfrican Leaders; the status of"Ambassadorat large"of ECOWAS. In that capacity the awardee can at the instance of the REAFFIRMING theTreaty that was signed in Lagos Chairman of Authority or the President of the on 28 May 1975 which then established the ECOWAS Commission undertake any community envisioned Economic Community of West African assignment that promotes the interest of ECOWAS. States; ARTICLE 4 RECOGNISING that the same 1975 Treaty laid the foundation for the establishment and development The ECOWAS Founders Honorary Award entitles its of ECOWAS and its many Institutions; recipient to the under-mentioned privileges: ALSO RECALLING the revision of the 1975 Treaty a) Standing invitation to all ECOWAS statutory in 1993 leading to the adoption of an improved meetings, at the expense of the Community ; enabling instrument for ECOWAS, including the principle of supra-nationality, the establishment of b) Access to ECOWAS Official Journals, Annual more Community institutions and the strengthening reports of ECOWAS activities and all other of the Regional Security framework of the relevant information that define the operations Community; and activities of the Community and its Institutions; HAVING NOTED theprogressive development ofthe Community since its inception particularly with c) The right to make oral or written technical regards to the principle of Community citizenship, contributions on ECOWAS activities which will free movement ofpersons, goods and capital within be submitted to statutory meetings of the the region, progressive efforts at developing a Institutions and Technical Committees of the customs and monetary union, as well as a Community. competitive regional market for trade and investment

34 March 2011 ECOWAS Official Journal Vol. 58

ARTICLE 5

The President of the Commission shall take necessary measures to ensure the granting of the privileges highlighted under Articles 3 and 4 of this Decision.

ARTICLE 6

This Decision shall be published by the ECOWAS Commission in the Official Journal of the Community, withinthirty (30) days of its signature by the Chairman of Authority. It shall also be published by each Member State in its Official Journal, within thirty (30) days after its notification by the Commission.

DONEATABUJA, THIS 24TH DAY OF MARCH 2011

H. E. GOODLUCK EBELE JONATHAN (GCFR) Chairman For the Authority

35 Vol.58 March 2011 ECOWAS Official Journal

RESOLUTION A/RES.1/03/11 OF THE AUTHORITY IN THIS CONTEXT, requests the United Nations OF HEADS OF STATE AND GOVERNMENT OF Security Council to strengthen the mandate of the ECOWAS ON THE SITUATION IN COTE D'lVOIRE United Nations* Operation in Cote d'lvoire (UNOCI), enabling the Mission to use all necessary means to protect life and property, and to facilitate the THE AUTHORITY OF THE ECOWAS HEADS OF immediate transfer of power to Mr. Alassane Ouattara; STATE AND GOVERNMENT, MEETING IN ABUJA FROM 23 TO 24 MARCH 2011 AT ITS 39TH ALSO REQUESTS the United Nations Security ORDINARY SUMMIT; Council to adopt more stringent international targeted sanctions against Mr. Laurent Gbagbo and HAVING EXHAUSTIVELY reviewed the rapidly his associates; deteriorating political, security and humanitarian situation in Cote d'lvoire provoked by the disputed DIRECTS the Presidentofthe ECOWAS Commission run-off presidential election of 28 November 2010; to explore all avenues of providing the Government of Mr. Alassane Ouattara all the necessary legal and FIRMLY CONDEMNINGthe wanton violence against diplomatic means to exercise its authority, including civilians leading to unacceptable loss of life and admitting the Government to all meetings of property; ECOWAS.

DEPLORING the deliberate targeting of innocent URGES all Member States of ECOWAS to facilitate Ivorians, ECOWAScitizens and otherforeigners, and the accreditation of Ambassadors and other also the attacks on personnel of the UN .Mission in representatives of Mr. Alassane Ouattara to their Cote d'lvoire; countries;

DEEPLY CONCERNED by the large waves of FURTHER DIRECTS the President of the ECOWAS refugees fleeing across borders and the swelling Commission to intensify contingency plans to meet colonies of internally displaced persons; all eventualities, including the provision of humanitarian corridors and the protection of civilians. CONVINCED that the current situation is a direct consequence of the refusal of the out-going INSTRUCTS the President of the ECOWAS President, Mr. Laurent Gbagbo, to cede power to Commission to take all appropriate measures to Mr. Alassane Ouattara, the universally recognized strengthen the ECOWAS presence in Cote d'lvoire winner of the 28 November 2010 election; to facilitate the discharge of the responsibilities of the Community; RECOGNIZING that the crisis in Cote d'lvoire has now become a regional humanitarian emergency; URGES the UN to request the international Community to ensure an enabling environment for RECALLING the Decisions of the Extraordinary the population and the UN Mission to go about their Summits oftheAuthority of7 and24December 2010) duties without any hindrance, and provideprotection particularly regarding paragraph 10 of the latter, and welfareto the refugees and internally displaced which states: "In the event that Mr. Gbagbo fails to persons generated by the crisis; heed (the) immutable demand of ECOWAS (tohand over power), the Community would be left with no FINALLY, INVITES the African Union Commission to alternative butto take othermeasures, including the urgently implement the Decisions of the AU Peace use of legitimate force, to achieve the goals of the and Security Council of 10 March 2011 on Cote Ivorian people"; d'lvoire by despatching without delay the High Representative to the country and establishing the BEARING IN MIND that these Decisions have been joint AU-ECOWAS facilitation team to ensure the endorsed bythe African Union and the United Nations; immediatetransfer of power to Mr. Alassane Ouattara.

FIRMLY DECIDES that the time has come to enforce The Authority decides to remain seized with the its Decisions of 7 and 24 December, 2010 in order situation in Cote d'lvoire. to protect life and to ensure the transfer of the reins ofpowerto Mr. AlassaneOuattarawithout anyfurther DONEATABUJA, delay. THIS 24TH DAY OF MARCH 2011 TO THIS END, requests the UN Security Council to authorise the immediate implementation of the H. E. GOODLUCK EBELE JONATHAN (GCFR) Authority Decisions of December 2010. Chairman For the Authority

36 March 2011 ECOWAS Official Journal Vol. 58

REGULATION C/REG.1/11/10 APPROVING THE REGULATION C/REa 2/11/10 APPROVING THE WORK PROGRAMME OF THE ECOWAS WORK PROGRAMME OFTHE ECOWAS GENDER COMMISSION, FOR THE 2011 FINANCIAL YEAR DEVELOPMENT CENTRE FOR THE 2011 FINANCIAL YEAR

ENACTS ENACTS

ARTICLE 1 ARTICLE 1

The Work Programme attached hereto, is hereby The Work Programme attached hereto, is hereby approved and shall be executed by the ECOWAS approved and shall be executed by the ECOWAS Commission during the 2011 Financial Year. Gender Development Centre during the 2011 Financial Year. ARTICLE 2 ARTICLE 2 This Regulation shall be published bythe ECOWAS Commission in the Official Journal of the Community This Regulation shall be published by the ECOWAS within thirty (30) days uponsignaturebythe Chairman Commission in the Official Journal of the Community of the Council of Ministers. It shall also be published within thirty (30)days upon signature bythe Chairman by each Member State in its National Gazette thirty of the Council of Ministers. It shall also be published (30) days after notification by the Commission. by each Member State in its National Gazette thirty (30) days after notification by the Commission. DONEATABUJA, THIS 26TH DAY OF NOVEMBER, 2010 DONE ATABUJA, THIS 26TH DAY OF NOVEMBER, 2010

.i.^.t^b. L_ H.E. H. Odein AJUMOGOBIA, SAN iLLWfr. CHAIRMAN H.E. H. Odein AJUMOGOBIA, SAN FOR COUNCIL CHAIRMAN FOR COUNCIL

37 Vol. 58 March 2011 ECOWAS Official Journal

REGULATION C/REa 3/11/10 APPROVING THE REGULATION C/REa 4/11/10 APPROVING THE WORK PROGRAMME OF THE ECOWAS WORK PROGRAMME OF THE COMMUNITY PARLIAMENT FOR THE 2011 FINANCIAL YEAR COURT OF JUSTICE FOR THE 2011 FINANCIAL YEAR

THE COUNCIL OF MINISTERS, THE COUNCIL OF MINISTERS, MINDFUL of Articles 10,11 and 12 of the ECOWAS Treaty as amended, establishing the Council of MINDFULof Articles 10,11 and 12 of the ECOWAS Ministers and defining its composition and functions; Treaty as amended, establishing the Council of Ministers and defining its composition and functions; HAVING CONSIDERED the Work Programme of the ECOWAS Parliament for the 2011 Financial Year HAVING CONSIDERED the Work Programme of the recommended by the Eighth meeting of the Community Court of Justice for the 2011 Financial Administration and Finance Committee held in Abuja, Year recommended by the Eighth meeting of the from 26 to 31 October 2010. Administration and Finance Committee held inAbuja, from 26 to 31 October 2010. ENACTS ENACTS ARTICLE 1 ARTICLE 1 The Work Programme attached hereto, is hereby approved and shall be executed by the ECOWAS The Work Programme attached hereto, is hereby Parliament during the 2011 Financial Year. approved and shall be executed by the Community Court of Justice during the 2011 Financial Year. ARTICLE 2 ARTICLE 2 This Regulation shall be published by the ECOWAS Commission inthe Official Journal ofthe Community This Regulation shall be published by the ECOWAS within thirty (30)days uponsignature bythe Chairman Commission inthe Official Journal ofthe Community ofthe Council of Ministers. Itshall also be published within thirty(30) days upon signature by the Chairman by each Member State in its National Gazette thirty of the Council of Ministers. Itshall also be published (30) days after notification by the Commission. by each Member State in its National Gazette thirty (30) days after notification by the Commission. DONEATABUJA, THIS 26TH DAY OF NOVEMBER, 2010 DONEATABUJA, THIS 26TH DAY OF NOVEMBER, 2010

iLLidd^..^. H.E. H. Odein AJUMOGOBIA, SAN i.LLdyi/h. CHAIRMAN H.E. H. Odein AJUMOGOBIA, SAN FOR COUNCIL CHAIRMAN FOR COUNCIL

38 March 2011 ECOWAS Official Journal Vol.58

REGULATION C/REa 5/11/10 APPROVING THE REGULATION C/REG 6/11/10 APPROVING THE WORK PROGRAMME OF THE WEST AFRICAN WORK PROGRAMME OF THE HEALTH ORGANISATION FOR THE 2011 INTERGOVERNMENTALACTION GROUPAGAINST FINANCIAL YEAR MONEY LAUNDERING IN WEST AFRICA (GIABA) FOR THE 2011 FINANCIAL YEAR

ARTICLE 1 ENACTS

The Work Programme attached hereto, is hereby ARTICLE 1 approved and shall be executed by the West African Health Organisation during the 2011 Financial Year. The Work Programme attached hereto, is hereby approved and shall be executed by the ARTICLE 2 Intergovernmental Action Group against Money Laundering in West Africa (GIABA) during the 2011 This Regulation shall be published by the ECOWAS Financial Year. Commission in the Official Journal of the Community within thirty (30)days upon signature bythe Chairman ARTICLE 2 of the Council of Ministers. It shall also be published by each Member State in its National Gazette thirty This Regulation shall be published by the ECOWAS (30) days after notification by the Commission. Commission in the Official Journal of the Community within thirty(30) days upon signature by the Chairman DONE ATABUJA, of the Council of Ministers. It shall also be published THIS 26TH DAY OF NOVEMBER, 2010 by each Member State in its National Gazette thirty (30) days after notification by the Commission.

DONEATABUJA, THIS 26TH DAY OF NOVEMBER, 2010 i.LiA^SD. H.E. H. Odein AJUMOGOBIA, SAN CHAIRMAN FOR COUNCIL ikk^h. H.E. H. Odein AJUMOGOBIA, SAN CHAIRMAN FOR COUNCIL

39 March 2011 ECOWAS Official Journal Vol. 58

REGULATION C/REG, 7/11/10 APPROVING THE 3. Additional amounts in the sum of five million BUDGET OF THE ECOWAS COMMISSION, ITS Units of Account (5,000,000 UA) shall be AGENCIES, CENTRES AND OFFICES FOR THE derived from arrears of contributions. 2011 FINANCIAL YEAR 4. An amount of thirty-five thousand Units of Account (35,000 UA) shall be derived from THE COUNCIL OF MINISTERS, other sources.

MINDFUL of Articles 10,11 and 12 of the ECOWAS ARTICLE 3 Treaty as amended, establishing the Council of Ministers and defining its composition and functions; This Regulation shall be published by ECOWAS Commission in the OfficialGazette of the Community MINDFUL of the provision of Article 17 of the said withinthirty (30) days upon signature by the Chairman Treaty on the Establishment and the composition of of the Council of Ministers. It shall also be published the ECOWAS Commission; by each Member State in its National Gazette thirty days after its notification by the Commission. MINDFUL of the provision of Article 72 of the Treaty relating to the Community levy; DONEATABUJA, MINDFUL ofthe provisionsofArticle 69 ofthe Treaty THIS 26TH DAY OF NOVEMBER, 2010 which relate to the budget of the Community Institutions;

MINDFUL of the Regulation C/REG5/05/09 of May 27, 2009 adopting the Financial Regulations of the f (ylAAA-i ^ Institutions of the Economic Community of West African States (ECOWAS); H.E. H. Odein AJUMOGOBIA, SAN CHAIRMAN HAVING CONSIDERED the budget ofthe ECOWAS FOR COUNCIL Commission proposed by the Eighth meeting of the Administration and FinanceCommittee held in Abuja, from 26 to 31 October 2010.

ENACTS

ARTICLE 1

The budgetofthe ECOWAS Commission, Agencies, Centres and Offices for the 2011 financial year, balanced in income and expenditure at the sum of One hundred and thirty-two million, nine hundred and eighty-eight thousand, nine hundred and seventy- three Units ofAccount (132, 988,973 UA) is hereby approved.

ARTICLE 2

1. An amount of One hundred and five million, nine hundred and forty-eight thousand, four hundred and fourteen Units of Account (105,948,414 UA) shall be derived from resources obtained from the Community Levy.

2. Another amount in the sum of twenty-two million, five thousand, five hundred and fifty- nine Units ofAccount(22,005,559 UA) shall be derived from external sources

40 March 2011 ECOWAS Official Journal Vol. 58

REGULATION C/REa 8/11/10 APPROVING THE 2. Additional amounts in the sum of two hundred BUDGETOFTHE ECOWAS PARLIAMENT FOR THE and fifty thousand Units of Account (250,000 2011 FINANCIAL YEAR UA) shall be derived from excess funds.

3. An amount in the sum of two hundred thousand THE COUNCIL OF MINISTERS, Units of Account (200,000 UA) will be derived from arrears of contributions. MINDFULof Articles 10, 11 and 12 of the ECOWAS Treaty as amended, establishing the Council of 4. Another amount in the sum of fifty thousand Ministers and defining its composition and functions; Units of Account (50,000 UA) shall be derived from other sources. MINDFUL of Article 13 of the said Treaty establishing the ECOWAS Parliament; ARTICLE 3

MINDFUL of the provisions of Article 72 of the said This Regulation shall be published by the ECOWAS Treaty relating to the Community Levy; Commission in the Official Journal of the Community withinthirty (30) days upon signature by the Chairman MINDFUL of Protocol A/P.2/8/94 and its amendments, of the Council of Ministers. It shall also be published defining the composition, functions, powers and by each Member State in its National Gazette thirty organisation of the ECOWAS Parliament; (30) days after notification by the Commission.

MINDFUL of the Protocol A/P1/7/96 relating to the DONEATABUJA, conditions for the application of the Community Levy; THIS 26TH DAY OF NOVEMBER, 2010

MINDFUL of the provisions of Article 69 of the ECOWAS Treaty which relate to the budget of the Community Institutions;

MINDFUL of the Regulation C/REG5/05/09 of May iklAddz. 27, 2009 adopting the Financial Regulations of the H.E. H. Odein AJUMOGOBIA, SAN Institutions of the Economic Community of West CHAIRMAN African States (ECOWAS); FOR COUNCIL

HAVING CONSIDERED the budget of the ECOWAS Parliament recommended by the Eighth meeting of the Administration and Finance Committee held in Abuja, from 26 to 31 October 2010.

ENACTS

ARTICLE 1

The budget ofthe ECOWAS Parliamentfor the 2011 financial year, balanced in income and expenditure at the sum of eleven million, seven hundred and forty- three thousand, three hundred and ninety-six Units of Account (11,743,396 UA) is hereby approved.

ARTICLE 2

1. An amount of eleven million, two hundred and thirty fourthousand, three hundred and ninety- six Units of Accounts (11,234,396 UA) shall be derived from resources obtained from the Community Levy.

41 March 2011 ECOWAS Official Journal Vol.58

REGULATION C/REa 9/11/10 APPROVING THE Additional amount of fourteen thousand, six BUDGET OF THE COMMUNITY COURT OF hundred and fifty units of account (14,650 UA) JUSTICE FOR THE 2011 FINANCIAL YEAR shall be derived from other sources.

ARITICLE3 THE COUNCIL OF MINISTERS, This Regulation shall be published by the ECOWAS MINDFULof Articles 10,11 and 12 of the ECOWAS Commission in the Official Journal of the Community Treaty as amended, establishing the Council of withinthirty (30) days upon signature by the Chairman Ministers and defining its composition and functions; of the Council of Ministers. It shall also be published by each Member State in its National Gazette thirty MINDFUL of Article 15 of the said ECOWAS Treaty (30) days after notification by the Commission. establishing the Community Court of Justice; DONE ATABUJA, MINDFUL of the provisions of Article 72 of the said THIS 26TH DAY OF NOVEMBER, 2010 Treaty relating to the Community Levy;

MINDFUL of Protocol A/P.1/7/91 defining the composition, functions, powers and organisation of the Community Court of Justice; iblM&i H.E. H. Odein AJUMOGOBIA, SAN MINDFUL of the provisions of Article 69 of the CHAIRMAN ECOWAS Treaty which relate to the budget of the FOR COUNCIL Community Institutions;

MINDFUL of Protocol A/P1/7/96 relating to the conditions for the application ofthe Community Levy;

MINDFUL of the Regulation C/REG5/05/09 of May 27, 2009 adopting the Financial Regulations of the Institutions of the Economic Community of West African States (ECOWAS);

HAVING CONSIDERED thebudget oftheCommunity Court ofJustice recommended by theEighth meeting of the Administration and Finance Committee held in Abuja, from 26 to 31 October 2010.

ENACTS REGULATION C/REai0/11/10 APPROVING THE ARTICLE 1 BUDGET OF THE WEST AFRICAN HEALTH ORGANISATION FOR THE 2011 FINANCIALYEAR The budget of the Community Court of Justice for the 2011 financial year, balanced in income and expenditure at the sum of eleven million, three THE COUNCIL OF MINISTERS, hundred and twenty-seven thousand, eight-three Units of Accounts (11,327,083 UA) is hereby MINDFULof Articles 10, 11 and 12 of the ECOWAS approved. Treaty as amended, establishing the Council of Ministersand defining its composition and functions; ARTICLE 2 MINDFUL of Protocol A/P.2/7/87 relating to the 1. An amount of eleven million, three hundred and creation of the West African Health Organisation twelve thousand, four hundred and thirty-three (WAHO); Units of Accounts (11,312,433 UA) shall be derived from resources obtained from the MINDFUL of the provisions of Article 72 of the said Community Levy. Treaty relating to the Community Levy;

42 March 2011 ECOWAS Official Journal Vol. 58

MINDFULof the provisions of Article 69 of the said DONEATABUJA, Treaty which relate to the budgets of the Community THIS 26TH DAY OF NOVEMBER, 2010 Institutions;

MINDFUL of the Protocol A/P1/7/96 relating to the conditions for the application of the Community Levy; MINDFUL of the Regulation C/REG5/05/09 of May iLlAMn. 27, 2009 adopting the Financial Regulations of the H.E. H. Odein AJUMOGOBIA, SAN Institutions of the Economic Community of West CHAIRMAN African States (ECOWAS); FOR COUNCIL

HAVING CONSIDERED the budget of the West African Health Organisation recommended by the Eighth meeting of the Administration and Finance Committee held in Abuja, from 26 to 31 October 2010.

ENACTS

ARTICLE 1

The budget of the West African Health Organisation for the 2011 financial year, balanced in income and expenditure at the sum of fifteen million, eight hundred and ten thousand, two hundred and twenty- four Units of Accounts (15,810,224 UA) is hereby approved.

ARTICLE 2 REGULATION C/REa 11/11/10 APPROVING THE 1. An amount of fourteen million, five hundred and BUDGETOFTHE INTERGOVERNMENTALACTION eighty-six thousand, eight hundred and twenty- GROUPAGAINST MONEY LAUNDERING IN WEST one Units of Accounts (14,586,821 UA) shall AFRICA FOR THE 2011 FINANCIAL YEAR be derived from resources obtained from the Community Levy. THE COUNCIL OF MINISTERS, 2. Additional amount of one million, two hundred and nine thousand and twenty-nine Units of MINDFULof Articles 10,11 and 12 of the ECOWAS Account (1,209,029 UA) shall be derived from Treaty as amended, establishing the Council of external sources. Ministers and defining its composition and functions;

3. Additional amounts in the sum of fourteen MINDFUL of the provisions of Article 69 of the said thousand, three hundred and seventy-four Treaty which relate to the budget of the Community Units of Account (14,374 UA) shall be derived Institutions; from other sources. MINDFUL of the provisions of Article72 of the Treaty ARITICLE3 relating to the Community Levy;

This Regulation shall be published by the ECOWAS MINDFUL of Protocol A/P1/7/96 relating to the Commission in the Official Journal of the Community conditions for the application of the Community Levy; within thirty (30)days uponsignature bythe Chairman of the Council of Ministers. It shall also be published MINDFUL of Decision A/DEC.9/12/99 establishing by each Member State in its National Gazette thirty GIABA and the Revised Statutes of the (30) days after notification by the Commission. Intergovernmental Action Group Against Money Laundering in West Africa.

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MINDFUL of the Regulation C/REG5/05/09 of May REGULATION C/REG. 12/11/10 ON 27, 2009 adopting the Financial Regulations of the RESTRUCTURING OF THE INTER Institutions of the Economic Community of West GOVERNMENTAL ACTION GROUP AGAINST African States (ECOWAS); MONEY LAUNDERING IN WEST AFRICA(GIABA)

HAVING CONSIDERED the budget of the Intergovernmental Action Group Against Money THE COUNCIL OF MINISTERS, Laundering in West Africa recommended by the Eighth meeting of the Administration and Finance MINDFUL of Article 10, 11 and 12 of the Revised Committee held inAbuja from 26 to 31 October 2010. ECOWAS Treaty creating the Council of Ministers and defining its functions and composition; ENACTS MINDFUL of Protocol A/P1/7/96 relating to the ARTICLE 1 conditions for applying the Community Levy;

The budget of the Intergovernmental Action Group MINDFUL of Decision A/DEC.9/12/99 on the creation Against Money Laundering in West Africa for the of the Intergovernmental Action Group against 2011 financial year, balanced in income and Money Laundering together with its revised statutes; expenditure at the sum of seven million, nine hundred and forty-three thousand, seven hundred MINDFUL of Regulation C/REG.19/11/08 of 29 and nineUnits ofAccounts (7,943,709 UA) is hereby November 2008 approving the revised organogram approved. of the Intergovernmental Action Group against Money Laundering (GIABA); ARTICLE 2 MINDFUL of Regulation C/REG16/06/10 relating to 1. An amount of seven million, nine hundred and the establishment of two (2) information centres for forty-three thousand, seven hundred and nine the intergovernmental Action Group Against Money Units of Accounts (7,943,709 UA) shall be Laundering in West Africa (GIABA); derived from resources obtained from the Community Levy. RECALLING the recommendation of the GIABA Ministerial Committee Meeting to the Council of 2. Additional amounts in the sum of one hundred Ministers to reinforce the capacity of GIABA because and fifty thousand Units of Accounts (150,000 of its dual mandate as a Financial Action Task Force UA) shall be derived from external sources. Style Regional Body (FSRB) and a programme based institution, which has increased its activities subsequently depreciating its operational capacity; ARITICLE3 CONSIDERING the need to strengthen its financial This Regulation shall be published bythe ECOWAS and human resources, In order to fill the gap of low Commission in the Official Journal ofthe Community capacitated countries in the sub region in the fight within thirty (30) days uponsignaturebythe Chairman against money laundering and terrorism; ofthe Council of Ministers. It shall also be published by each Member State in its National Gazette thirty DESIROUS ofrestructuring GIABA bycreating three (30) days after notification by the Commission. (3) Directorates and recruiting personnel in line with the ECOWAS Scheme of Service; DONEATABUJA, THIS 26TH DAY OF NOVEMBER, 2010 ON THE RECOMMENDATION ofthe eighth meeting of the Administration and Finance Committee held in Abuja from 26 to 31 October 2010;

ENACTS

iLLd&th...^:. ARTICLE 1 H.E. H. Odein AJUMOGOBIA, SAN CHAIRMAN Bythis Regulation, the following new directorates and FOR COUNCIL positions shall be created in GIABA:

44 March 2011 ECOWAS Official Journal Vol. 58

Programme and Project Directorate REGULATION C/REG. 13/11/10 PROVIDING A Research, Monitoring and Evaluation GRANT TO THE WEST AFRICAN INSTITUTE FOR REGIONAL INTEGRATION Directorate

Administration and Finance Directorate

IT Assistant THE COUNCIL OF MINISTERS,

Interpreter MINDFULof Articles 10, 11 and 12 of the ECOWAS Office Assistant. Treaty as amended establishing the Council of Ministers and defining its composition and functions; ARTICLE 2 MINDFUL on Article 3 of the said Treaty defining the 1. The Information Centre based in Lagos, Nigeria areas to which the Community shall direct its actions shall comprise one (1) P4 officer, supported in order to achieve its aims and objectives; by 2 assistants and one (1) driver; MINDFUL of Article 27 of the Treaty relating to 2. The centre in Abidjan, Cote d'lvoire shall Science and Technology stipulating that Member comprise one (1) P4 officer supported by one States shall harmonise, at the Community level, their (1) assistant and one (1) driver. national policies on scientific and technological research;

ARTICLE 3 MINDFUL of Regulation C/REG.2/05/09 relating to This Regulation shall be published by the the preparation for the establishment of the West Commission in the Official Journal of the Community African Institute for Regional Integration; within thirty (30) days after its signature by the Chairman of the Council of Ministers. It shall also be CONSIDERING that the establishment of the West published by each Member State in its Official African Institute for Regional Integration was Gazette thirty (30) days after notification of the approved in principle on 18 January 2008 by the Regulation by the Commission. Thirty-third Session ofthe Authority of Heads of State and Government; DONE AT ABUJA, THIS 26TH DAY OF NOVEMBER, 2010 CONSCIOUS of the need to provide the Institute with a grant to enable it undertake the necessary pre operational measures;

DESIROUS therefore of assisting the West African Institute for Regional Integration commence its work 1 UKAaA-i program in 2011; H.E. H. Odein AJUMOGOBIA, SAN CHAIRMAN ON THE RECOMMENDATION of the Sixty-second session of the Council of Ministers; FOR COUNCIL

ENACTS

Article 1

a) The West African Institute for Regional Integration is hereby provided a grant of three hundred thousand U S. Dollars (US$300,000) to implement its work programme in 2011.

b) The Institute shall present financial statement of expenditure in relation to the initial grant of U$200,000 extended to it.

45 March 2011 ECOWAS Official Journal Vol. 58

Article 2 CONSIDERING that by Regulation C/REG 12/01/05 the last salary review was conducted in 2005 and This Regulation shall be published by the ECOWAS there is need to review same to ensure compliance Commission in the Official Journal of the Community with the Regulation; within thirty (30) days after its signature by the Chairman of the Council of Ministers. It shall also be DESIROUS therefore of reviewing the salaries of Staff published by each Member State in its Official Members of ECOWAS Institutions; Gazette within the same time-frame after its notification by the Commission of this Regulation. ON THE RECOMMENDATION of the Eighth Meeting of the Administration and Finance Committee held DONEATABUJA, in Abuja from 26 to 31 October 2010. THIS 26TH DAY OF NOVEMBER, 2010 ENACTS

ARTICLE 1

The salaries of the Staff of the ECOWAS Institutions ikk^k±?. are hereby increased for the following categories of H.E. H. Odein AJUMOGOBIA, SAN staff at the following rates: CHAIRMAN • Directors and P6 officers FOR COUNCIL +15% of basic salary

• Professionals +10% of basic salary • General and Auxiliary Service Staff +10% of basic salary

ARTICLE 2

These increases shall take effect from the 2011 budgetary year.

ARTICLE 3

This Regulation shall be published by the ECOWAS Commission in the Official Journal ofthe Community REGULATION CIREG14/11/10 RELATING TO THE within thirty (30)days uponsignature bythe Chairman REVIEW OF SALARIES OF STAFF MEMBERS OF of the Council of Ministers. Itshall also be published ECOWAS INSTITUTIONS by each Member State in its National Gazette thirty (30) days after notification by the Commission. THE COUNCIL OF MINISTERS, DONEATABUJA, THIS 26TH DAY OF NOVEMBER, 2010 MINDFULof Articles 10, 11 and 12 of the ECOWAS Treaty as amended establishing the Council of Ministers and defining its compositionand functions;

MINDFUL of Regulation C/REG17/01/05 adopting the New ECOWAS Principles for Staff Employment and ECOWAS Staff Regulation; iLliA/h.. H.E. H. Odein AJUMOGOBIA, SAN MINDFUL of the provisions of Article 29 (e) of the CHAIRMAN ECOWAS Staff Regulation which prescribes that FOR COUNCIL comprehensive review of salary scales shall take place at least every five (5) years to ensure fairness and competitiveness;

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REGULATION C/REG 15/11/10 RELATING TO THE ONTHERECOMMENDATION ofthe Eighth Meeting ADOPTION OF REVISED RATES FOR HOUSING of the Administration and Finance Committee held ALLOWANCE FOR STAFF OF ECOWAS in Abuja from 26 to 31 October 2010: INSTITUTIONS ENACTS

THE COUNCIL OF MINISTERS, Article 1

MINDFULof Articles 10, 11 and 12 of the ECOWAS The housing allowances of the Staff of the Treaty as amended establishing the Council of ECOWAS Institutions using Abuja as the base Ministers and defining its composition and functions; are hereby increased for the following categories of staff at the following rates: MINDFUL of Regulation C/REG 17/01/05 adopting the New ECOWAS Principles for Staff Employment • Directors +30% increase of the current housing allowance. and revised ECOWAS Staff Regulation; • Professionals +30% Mindful of the provisions ofArticle 32 of the ECOWAS increase of the current housing allowance Staff Regulation which states that ECOWAS shall pay Staff members a compensatory housing allowance; • General and Auxiliary Service Staff +50% increase RECALLING that the last review of the housing of the current housing allowance allowance was in2006 through Regulation C/REG13/ The corresponding rate for housing allowance 01/06; for other ECOWAS locations are reflected in ANXIOUS of ensuring that Staff members are the table below. provided with an acceptable level of comfortable housing;

CATEGORY LOCATIONS APPLICABLE HOUSING ALLOWANCE PAYABLE

Category A Accra (Ghana) 90% of Abuja rate

Category B Dakar (Senegal) 75% of Abuja rate Abidjan (Cote d'lvoire) Bamako (Mali) Cotonou (Benin)

Category C Conakry (Guinea) 60% of Abuja rate Freetown (Sierra Leone) Monrovia (Liberia) Bissau (Guinea Bissau)

Category D Banjul (The Gambia) 50% of Abuja rate Lome (Togo) Niamey (Niger) Ouagadougou/Bobo Dioulasso (Burkina Faso) Praia (Cape Verde)

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ARTICLE 2 REGULATION C/REG16/11/10 RELATING TO THE ESTABLISHMENT OF AN ECONOMIC POLICY These increases shall take effect from the 2011 ANALYSIS UNIT (EPAU) WITHIN THE budgetary year. MACROECONOMIC POLICY DEPARTMENT OF ECOWAS COMMISSION ARTICLE 3

This Regulation shall be published by the ECOWAS THE COUNCIL OF MINISTERS, Commission in the OfficialJournal of the Community withinthirty (30) days upon signature by the Chairman MINDFULof Articles 10, 11 and 12 of the ECOWAS of the Council of Ministers, It shall also be published Treaty as amended, establishing the Council of by each Member State in its National Gazette thirty Ministers and defining its composition and functions; (30) days after notification by the Commission. MINDFUL of the provisions of Article 17 of the said DONE ATABUJA, Treaty on the establishment and the composition of THIS 26TH DAY OF NOVEMBER, 2010 the ECOWAS Commission;

MINDFUL of the provisions of Article 51 of the ECOWAS Treaty which prescribes the promotion of monetary and financial integration within the ii,L:id^:b...^ ECOWAS region withthe objective of establishing a H.E. H. Odein AJUMOGOBIA, SAN Monetary Union; CHAIRMAN FOR COUNCIL MINDFUL also of DecisionA/DEC.17/12/01 creating a Mechanism for the Multilateral surveillance of the economic and financial policies of ECOWAS Member States;

CONSIDERING Article 10 (3)(f) of the ECOWAS Treaty which empowers Council to approve the organizational structure of the Institutions of the Community;

NOTING that on 25th April 2008, the Executive Board of the African Capacity Building Foundation (ACBF) approved a four (4) years grant for the establishment of an Economic Policy Analysis Unit (EPAU) in the ECOWAS Commission;

RECALLING the extensionofthe EPAU grantbyACBF declaring it effective from 28 January, 2010;

DESIRING therefore to strengthen the Commission's institutional capacity to effectively implement its mandate of establishing a Monetary Union;

ON THE RECOMMENDATION ofthe eighth meeting of the Administration and Finance Committee held in Abuja from 26 to 31 October 2010.

ENACTS

ARTICLE 1:

There is hereby established an Economic Policy analysis Unit (EPAU) within the ECOWAS Commission

48 March 2011 ECOWAS Official Journal Vol.58 to assist in the implementation and monitoring of REGULATION C/REa 17/11/10 RELATING TO THE economic and financial policies in ECOWAS Member REVIEW OFTRANSPORT ALLOWANCE FOR THE States. GENERAL STAFF OF ECOWAS INSTITUTIONS

ARTICLE 2: THE COUNCIL OF MINISTERS, The Economic Policy Analysis Unit shall be located with the Macroeconomic Policy Department of the MINDFUL of Articles 10,11 and 12 of the ECOWAS ECOWAS Commission. Treaty as amended, establishing the Council of Ministers and defining its composition and functions; ARTICLE 3: MINDFUL of Regulation C/REG 17/01/05 Adopting The ECOWAS Commission shall make necessary the new ECOWAS principles for Staff Employment budgetary allocation for the running of the Unit and and revised ECOWAS Staff Regulation: shall undertake in collaboration with ACBF, other development Partners to provide assistance funding MINDFUL of the provisions of Article 36 (d) of the for the Unit. said Regulation which provides that Staff members shall be paid a monthly transport allowance which ARTICLE 4: will be subject to review from time to time:

This Regulation shall be published by the ECOWAS CONSIDERING the constant rise in the cost of Commission in the Official Journal of the Community transportation in the Member States hosting the within thirty (30)days upon signature bythe Chairman Headquarters of the ECOWAS Institutions and the of the Council of Ministers. It shall also be published need to ensure that Staff members afford transport by each Member State in its National Gazette thirty fares to enable them report at their duty post; (30) days after notification by the Commission. DESIROUS of raising the present rate of transport DONEATABUJA, allowance for the General Staff of ECOWAS THIS 26TH DAY OF NOVEMBER, 2010 Institutions:

ON THE RECOMMENDATION of the Eighth Meeting of the Administration and Finance Committee held in Abuja from 26 to 31 October 2010. iLlA&fh. ENACTS H.E. H. Odein AJUMOGOBIA, SAN ARTICLE 1 CHAIRMAN FOR COUNCIL The transport allowance payable to G and MStaffof the Institutions of ECOWAS is hereby increased.

ARTICLE 2

1. An upward review of 10% increase of transport allowance shall be paid to G and MStaff of the Institutions of ECOWAS

2. This increase shall take effect from the 2011 budgetary year.

ARTICLE 3

This Regulation shall be published by the ECOWAS Commission in the Official Journal of the Community within thirty(30)days upon signature bythe Chairman

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of the Council of Ministers. It shall also be published CONSIDERING that because of the importance of by each Member State in its National Gazette thirty ECOSAP in achieving the objectives of the (30) days after notification by the Commission. Community in the fight against the proliferation of small arms within the ECOWAS region, the Council DONE ATABUJA, of Ministers decided to maintain the programme and THIS 26TH DAY OF NOVEMBER, 2010 extended it for five (5) additional years thereafter;

CONSCIOUS of the need to allocate to ECOSAP a provisional budget to bear personnel cost as well as to maintain infrastructure and equipment, pending evaluation of the programme; c ( (slAASh ( ON THERECOMMENDATION ofthe eighth meeting H.E. H. Odein AJUMOGOBIA, SAN of the Administration and Finance Committee held CHAIRMAN in Abuja from 26 to 31 October 2010; FOR COUNCIL ENACTS

ARTICLE 1

A provisional budget of one million, five hundred thousand Units ofAccounts (1,500,000 UA) ishereby allocated to ECOSAP forthe year 2011, pending an assessment by the Commission and final decisions on the future of ECOSAP in 2011

ARTICLE 2

This Regulation shall be published by the Commission in the Official Journal ofthe Community within thirty (30) days after its signature by the Chairman of the Council of Ministers. It shall also be published by each Member State in its Official Gazette thirty (30) days after its notification of the REGULATION C/REG 18/11/10 ON PROVISIONAL Regulation by the Commission. BUDGETALLOCATION FORTHE ECOWAS SMALL ARMS CONTROL PROGRAMME (ECOSAP) DONEATABUJA, THIS 26TH DAY OF NOVEMBER, 2010 THE COUNCIL OF MINISTERS,

MINDFUL of Articles 10, 11 and 12 of the ECOWAS Treaty as amended in June 2006 establishing the Council ofMinisters and defining its composition and ikkid/ti. functions; H.E. H. Odein AJUMOGOBIA, SAN CHAIRMAN MINDFUL ofArticle 58 ofthe said Treaty relating to FOR COUNCIL Regional Security;

MINDFULof the ECOWAS Conventionon SmallArms and Light Weapons, their ammunition and other related materials;

MINDFUL of Regulation C/REG.17/06/10 on the extension ofECOSAP and the adoption ofitsactivity programme;

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REGULATION C/REG 19/11/10 ON THE BUDGET ENACTS OF THE PROGRAMME FOR THE IMPROVEMENT OF THE EXPORT COMPETITIVENESS OF THE Article 1: MICRO, SMALL AND MEDIUM ENTERPRISES WITHIN ECOWAS The amount of one million seven hundred and seventy-six thousand, five hundred and sixty-nine Units of Accounts (UA 1,776,569) is hereby approved programme relating to the improvement of the Export THE COUNCIL OF MINISTERS competitiveness of the Micro, Small and Medium Enterprises within ECOWAS for the 2010 to 2013 MINDFUL of Articles 10, 11 and 12 of the ECOWAS programme years Treaty as amended establishing the Council of Ministers and defining its composition and functions; Article 2:

MINDFUL of Article 50 of the said Treaty relating to For the 2011 budget year the ECOWAS Commission trade promotion; shall contribute a maximum of three hundred and fifty-sixthousand, seven hundred and fifty-eight Units MINDFUL of the provisions of Article 72 of the said of Account (UA 356,758) for the joint implementation Treaty on the Community Levy; of the PACT II programme by ECOWAS and ITC/ CIDA. MINDFUL of the agreement between the ECOWAS Commission and the international Trade Centre in Article 3: February 2009; This Regulation shall be published by the ECOWAS RECALLING that the purpose of the said agreement Commission in the Official Journal of tile Economic is to address the issue of export competitiveness and Community of West African States within thirty (30) the Capacity gaps in the Micro, Small and Medium days of its signature by the Chairman of the Council Enterprise Sector (MSME); of Ministers. It shall also be published by each Member State in its National Gazette within thirty (30) CONSCIOUS of the need for the two Parties to jointly days after notification by the Commission. implement Programme for Building African Capacity for Trade (PACT II) which is significant to build the DONE ATABUJA, Export Competiveness of the MSME sector; THIS 26TH DAY OF NOVEMBER, 2010

ACKNOWLEDGING that 70% of the business in MSME sector operates in the informal economy;

CONVINCED that it is critical to give significant focus to the said programme for a sector that accounts for iLLid/h. more than 70% of the business sector and with a H.E. H. Odein AJUMOGOBIA, SAN majority operating in the Informal economy and CHAIRMAN predominantly poor; FOR COUNCIL

DESIROUS to approve the budgetfor the programme of the improvement of the Export competitiveness of the Micro, Small and Medium Enterprises within ECOWAS;

ON THE RECOMMENDATION of the eighth meeting of the Administration and Finance Committee which was held in Abuja from 26 to 31 October 2010;

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REGULATION C/REG.20/11/10 APPROVING THE ENACTS RATE FOR THE CALCULATION OF THE RESPONSIBILITYALLOWANCE PAYABLETO THE ARTICLE 1: CONTROLLERS AND PRINCIPAL CONTROLLERS The payment of a responsibility allowance to Controllers of the Community Institutions is hereby THE COUNCIL OF MINISTERS authorized.

MINDFULof Articles 10,11, and 12, of the ECOWAS ARTICLE 2: Treaty as amended establishing of the Council of Ministers and defining its membership and its The responsibility allowance referred to in Article 1 functions; shall be 15% of the basic salary for the Staff concerned. MINDFUL of the Regulation C/REG11/01/05 on the payment of a responsibility allowance to Accountants ARTICLE 3: and imprest holders/cashiers of the ECOWAS Institutions; The payment of the approved responsibility allowance shall take effect from January 2010 which MINDFUL of Regulation C/REG.32/12/07 of 15th is the date of application of the Revised Financial December 2007 defining the functions of the Regulations of the Community. Commissioner for Administration and Finance, the Financial Controller and the Chief Internal Auditor; ARTICLE 4:

MINDFUL of Regulation C/REG5/05/09 of 27th May This Regulation shall be published by the ECOWAS 2009 adopting the financial regulation of the Commission in the Official Journal of the Community Institutions of the Economic Community of West withinthirty (30) days upon signature by the Chairman African States (ECOWAS) which application of the Council of Ministers. It shall also be published commenced in January 2010 and prescribes the by each Member State in its National Gazette thirty payment of responsibility allowance to Accountants (30) days after notification by the Commission. and Financial Controllers within Community Institutions; DONE ATABUJA, THIS 26TH DAY OF NOVEMBER, 2010 CONSIDERING that the Regulation C/REG11/01/05 has fixed the rate of the allowance for Accountants based on their responsibility;

RECALLING that the justification of the payment of the responsibility allowance is based on the liabilities iiiMi. imposed on the Controllers of Community Institutions H.E. H. Odein AJUMOGOBIA, SAN to make good in whole or in part any prejudice CHAIRMAN suffered by the ECOWAS Institutions as a result of FOR COUNCIL serious misconduct displayed by them in the course of their work;

CONSIDERING the severity of the liabilities imposed on them;

DESIROUS to authorize the payment of the responsibility allowance to the said Controllers at the same rate as the Professional Accounting Staff of the ECOWAS Institutions;

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REGULATION C/REG. 21/11/10 ON THE NOTING that good human health is, in many HARMONIZATION OF THE STRUCTURAL respects, dependent on good animal health; FRAMEWORK AND OPERATIONAL RULES PERTAINING TO THE HEALTH SAFETY OF AWARE of the fundamental necessity to protect PLANTS, ANIMALS AND FOODS INTHE ECOWAS consumer and animal health in order to prevent the REGION spread of diseases and enforce the processes applied to trading of food products;

THE COUNCIL OF MINISTERS OBSERVING that the procedures and regulations set up in Member States are not often complementary MINDFULof Articles 10,11, and 12, of the ECOWAS in the protection of the ECOWAS Region in the area Revised Treaty as amended on establishment of the of animal and food security, and require Council of Ministers and defining its membership and harmonization; its functions; DESIROUS therefore to set up a regional legal MINDFUL ofArticle25 of the ECOWAS Revised Treaty framework of harmonization of national legislations relative on Agricultural Development and Food in the area of phytosanitary, zoo sanitary and food Security which prescribes to Member States that they safety, in line with international health requirements, pledge to cooperate in the area of protection of plant which will contribute to improve trading in animals and animal species, the strengthening of existing and food commodities in the community as well as institutions in the area of natural disaster their regional and international trade. Also it will management and control of animal and plant constitute the framework of actions aimed at diseases; furthering and consolidating the common market;

MINDFUL of the Supplementary Act A/SA 12/01/07 DETERMINED to ensure better protection of on the establishment of a Sub-regional Mechanism economic agents, notably consumers; of Coordination and Prevention and Response against Avian Influenza in West Africa; ON RECOMMENDATION of the Meeting of ECOWAS Agriculture, Livestock and Fishery Ministers which MINDFUL of Decision A/DEC.11/01/05 on the was held on 23 February 2010 at Abuja adoption of the ECOWASAgricultural Policy; ENACTS: MINDFUL of Decision C/DEC.1/5/81 on the components of control of hunger, extinction of certain CHAPTER 1: plant and animal species, funding programs, DEFINITIONS, GOALS, SCOPE OF APPLICATION research and agricultural projects of production, storage, and treatment of agricultural products; Article 1: Definitions

MINDFUL of Decision A/DEC 5/10/98 of the In the terms of this Regulation, the following Conference of Heads of States and Governments definitions are applied: on transhumance within the ECOWAS region; Affected: infected or infested by an agent harmful CONSIDERING the WTO SPS Agreements on the to animals or food of animal origin; implementationofthe phytosanitary measures (WTO Animal: includes all domestic and wild animals, SPS Agreements); terrestrial as well as aquatic;

CONSIDERING that transhumance is a livestock Animal feed: any product intended for nutrition or production system which affects pastoral resources animal feeding; and increase cattle production in the ECOWAS region but it constitutes, however, a source of Animal products: products obtained from animals numerous health related problems; intended for human consumption;

BEARING INMINDthat recent developmentof animal Biotechnology: any technological application which diseases outside the ECOWAS region did not spare uses biological systems, living organisms or by our sub-region which organized itself for its own products of ttiose to carry out or modify products or defense, despite its limited resources; specific usage processes;

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Commercialization: supply to one or several Food toxicity: contamination caused in the process economic operators or consumers; subject to of feeding due to a micro-organism or a toxin; payment, free of charge, or promotion, of a product or service; Free zone: zone in which the absence of the disease in question has been demonstrated by the Common Market: unified market formed with observance of conditions stipulated in the sanitary ECOWAS member States; code for terrestrial animals of the 01E for recognition of free zone status. Within and at the borders of this Commission: ECOWAS Commission; zone, an official veterinary control is effectively carried out on animals and animal products, as well Communication on risks: Interactive exchange, all as on their transport. along the risk analysis process, of information and opinions on the risks, risk related factors and Genetically Modified Organism: any biological perceptions of risks, between those who are incharge entity capable of reproducing itself or transferring of their evaluation and management, consumers, genetic material, except the human species, whose industry,academics and other interested parties, and genetic material has been modified in a way which is notably the explanation of the results of the risk produced neither naturally in the environment nor assessment and the foundations of decisions taken by natural recombination; in risk management; Health Measure: any measure enforced on the territory of the community for: Compliance: made for a given product to meet technical specifications, technical regulations and Protecting the health and life of humans sanitary measures; and animals from risks caused by additives, toxin contaminants or Consumer: any natural person or legal entity pathogens present in foods or in animal purchasing or offering to purchase, uses or benefits feed; as end user, of a good, service or technology, those issues which are not under the whatever its public or private, individual or collective domain of the above-mentioned nature of those individuals who have produced, organizations, the appropriate standards, facilitated their provision or transmission. guidelines and recommendations promulgated by other relevant Economic Operator: any natural person or legal international organizations such as the entity handling an activity of manufacturing, 01E and the Codex Alimentarius. preparation, processing, packaging, conditioning, transport, handling, storage, or sale of plants, plant Health safety: covers the sectors of health safety products, animal products or feed, commodities or of plants, animals and foods in order to protect the food products; health of consumers, animals, and plants, and guarantee environmental protection within the National Organization of Plant Protection or Community; NPPA: official service established bythe Government of a Member State to implement the functions International Veterinary Certificate: certificate specified by the ICPR; established in accordance with the provisions on the notification and epidemiological information of the ECOWAS: Economic Community of West African World Animal Health Organization (OIE) and States; describing the requirements to be met by exported goods in the area of animal and/or public health; Food, Commodity or Food Product : any substance treated, partially or grossly treated, Labeling: setof information appearing on the product intended for human consumption, and including and/or its package, intended for the consumer's drinks, chewing gums and any substances used in information; the manufacture, preparation and processing of foods, excluding those substances used only as Mandatory Reporting Disease: disease listed on drugs cosmetics; in subsequent articles, the term a listestablished by the Veterinary Authorityincharge "food" without specification means derived from of zoosanitary control and the detection or suspicion animals; of which must be reported immediately to the Veterinary Authority in charge of zoosanitary control;

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Member State: Any member State of ECOWAS; Safe Product: any food commodity, agricultural or of agricultural origin intended for human or animal National Food Safety Agency: official service consumption which, in normal or reasonably established by the Government of a Member State foreseeable conditions of use, does not present any in charge of the sector of the safety of foods; risk or only reduced risk at a level considered acceptable, given the circumstances; Network: connecting and establishing complementarity between human, material, financial Sanitary Mandate: Administrative deed by which or informational resources; the State entrusts to a veterinarian in private practice, the performance for the State or in its behalf, of New foods: products or food products for which zoosanitary and veterinary interventions concerning human consumption within ECOWAS is so far collective prophylaxis, zoosanitary police, unknown or marginal as well as foods or ingredients epidemiological surveillance or control of animals and produced from genetically modified organs; animal products;

Official veterinarian: veterinarian designated by SPS or SPS Agreement(s): Agreement on the Veterinary Authority of a Member State to carry enforcement of sanitary and phytosanitary out zoo sanitary control and certification of animals measures; and animal products, and animal feed for the protection of animal health and human health; Standard: document established by consensus agreement and approved by a recognized agency, OIE: World Organisation for Animal Health; which provides, for common and repeated uses, rules, guidelines or characteristics, for activities or OTC or OTC Agreement(s): Agreement on the their outcomes; Technical Obstacles to Trade; Technical Regulation: document which specifies Quarantine: official confinement of animal and the characteristics of a product or related processes animal products, for observation and research or for and methods of production, including applicable inspection, analysis and/or subsequent treatments; administrative provisions the observance of which is mandatory. It can also deal in part or in whole with Reporting a harmful agent: document providing terminology, symbol , prescription in the area of information concerning the presence or absence of packaging, marking or labeling, for a given product, a given harmful agent, at a specific time and place service, process or method of production ; within an area, generally a country, and in specific circumstances; Technical Specifications: rules of law setting the requirements and conditions of the supply, Risk: function of probability of an adverse effect for marketing, use or elimination of a product and which health and of its gravity, because of the presence of deals notably with: one or more hazards in a food. The composition, characteristics, packaging, labeling or the sign of Risk Analysis: process involving risk assessment, conformity of the products; risk management and communication over risks; The production, transport, or storage of Risk Assessment: scientific process comprising the products; identification and characterization of hazards, The evaluation of the conformity, assessment of exposure, and risk characterization; recording, certification or the process of obtaining the conformity sign; Risk Management: process consisting in balancing out the different policies possible in consultation with Veterinary Authority: the Member State Veterinary all interested parties, taking into account the Service competent to implement in the country those assessment of risks and other factors which have zoosanitary measures, processes, supervision and significanceover the protectionof consumers' health or issuance of international veterinary certification and the promotion of lawful trade practices and, if in accordance with the standards selected by the needed, in choosing appropriate prevention and Commission and to monitor and audit their control measures; application;

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Veterinary Certificate: certificate in line with the b. The sanitary protection of food models advocated by the World Animal Health commodities, including products derived Organization (OIE); from modem biotechnologies.

Veterinary Control Post: any airport, port or Article 3: Scope of application railroad, road or river post open to international trade ofanimals, animal products, products ofanimalorigin This regulation shall apply to all activities and all and animal feed, where veterinary inspections may areas of food safety and the health safety of animals be carried out on import and export as wellas transit; and humans, including the products derived from biotechnologies. It shall also apply to all stages of Veterinary Notification: procedure through which production, transformation, and distribution of the VeterinaryAuthority informsrelevant sub-regional animals and commercialized food commodities. or international veterinary authorities of the outbreak ofa disease, infection or advent ofan epidemiological CHAPTER 2: event, in accordance with the provisions of the OIE GENERAL PRINCIPLES Code for Terrestrial and Aquatic Animals.

WTO: World Trade Organization ; Article 4: Mutual recognition

Zoosanitary Inspection: methodical examination The member States shall enforce the principle of practiced on a living animal, an animal product and/ mutual recognition of technical specifications and or animal origin product in order to determine the standards as well as procedures of accreditation and points of sanitary non compliance (presence of a certification health measures in the area of the contagious disease transmissible to animals or to sanitary protection of animals and foods in force in humans) or the presence of residues or contaminants the Member States and recognizing them as in animals and the inspection of animal feed in order equivalent to one another. to ensure a maximum level of protection of consumers' health and well-being; Article 5: Recognition of international standards Zoosanitary Control: set of hygiene, medical, legal, and regulatory measures, as well as administrative In order to permit free movement within the rules setting the organization of the official control Community, plants, animal products, animal by of animals and their by-products intended to prevent products, animal feed and food commodities, as well the outbreak or diffusion of mandatory reporting as products derived from modern biotechnologies diseases and the presence of residues and and promote their international and regional trade contaminants in animals, in animal products and in satisfactory health conditions, the Member States products of animal origin and in animal feed, in order shall: to ensure a maximum level of protection of the health and well-being of humans and animals. a. Develop their health measures on the standards, guidelines, and other Article 2 : Object international recommendations, notably those of the Codex Alimentarius, the WTO 1. This regulation hereby establishes the general (SPS and OTC Agreements), the OIE, as principles as well as the provisions and well as those established by the organizational processes to ensure the health Carthagena Protocol on the prevention of plants and, animals as well as food safety, of biotechnological risks; at the community and national levels. It shall institute the structures and mechanisms of b. Support the health safety structures of the cooperation in the area of health and food Community instituted by the current safety within the ECOWAS space. Regulation, in order to assess the opportunity and the scope of adoption of 2. In addition, its goal shall be : international standards.

a. The sanitary protection of animals, animal Article 6: Level of protection and assessment products, animal by- products, animal of risks feed and veterinary public health, includingproducts stemming frommodern 1. In compliance with international standards, the biotechnologies; Member States, in close collaboration with the

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ECOWAS Commission, shall determine, Article 8: Harmonization through the health safety structures of the Community instituted by the present Without prejudice to Article 41 ofthe ECOWAS Treaty Regulation, the level of health protection of and for the purposes of harmonization, the animals, and foods that they deem appropriate Communityshall contributes to bringingcloser those for their territory, avoiding those arbitrary or policies and actions in the area of health safety, in unjustifiable distinctions between levels of risk accordance with Articles 3 and 4 of the SPS that they shall consider appropriate in different Agreements. situations. Article 9: Risk Analysis 2. To that end, the Member States shall: In the context of the common Market and a. Conduct an appropriate assessment of implementation of the Community's Agricultural the health risks based on scientific data, Policy, the Commission shall resort to risk analysis as far as the approach followed is as an objectivemethod to assess and manage health coherent and non arbitrary according to risks and communicate such risks in accordance with the modalities planned under Article 9 of Article 5 of the SPS Agreements of WTO. this Regulation; b. Develop, adopt and apply those risk Article 10 : Principle of free movement of management measures necessary and products and equivalents proportionateto the risk incurred in order to ensure the health safety of animals and 1. Animals and animal products shall move freely food items as well as to protect human overthe COMMUNITY'S territory as long asthey health and the environment. Without are in compliance with the standards of safety prejudice to Article 41 of paragraph (3c) and quality provided for under community of the ECOWAS Treaty. legislation in force and Articles 3 and 4 of the WTO SPS Agreements. Article 7: Precautionary principle 2. Subject to Art 41 beloweach member State shall 1. In order to ensure a high level of protection of accept on its territory all the plants, plant the health of people, plants, and animals, and products, animals, animal products in guarantee environmental protection, compliance with technical and sanitary precautionary measures shall be applied by standards adopted by another Member State. member States. Article 11: Guarantee of rights under sanitary 2. In case of risk of serious or irreversible damage inspection processes in the area of food safety, the absence of absolute scientific data shall not be used as In the framework of the implementation of health an excuse by a Member State for deferring inspection procedures, the natural persons and legal adoption of effective measures aimed at entities are presumed to guarantee transparency, preventing such risks. impartiality and proportionalities which are required in such cases. 3. In case there is scientific uncertainty, but if an evaluation of available information indicates Article 12: Participation and access to possible harmful effects on human health, on information plants and animals, the Commission and its member States shall adopt, pending scientific 1. The Member States shall organize the information, provisional measures ofprevention participation of stakeholders, at appropriate of risks in order to ensure a high level of health levels, in decision making processes protection. Such measures are proportionate concerning the health safety of animals and and shall not impose any more restrictions on food commodities. trade than necessary to obtain the high level of health protection desired by the Community 2. They shall adopt appropriate measures by taking into account its technical and depending on the nature, gravity and scale of economic capacities. risks for health safety of plants, animals, and food commodities and inform the actors

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concerned about the nature of such risks and 2. It shall support the Commission and Member the measures taken to prevent, reduce or States in the monitoring of international eliminate such risks. commercial negotiations on the SPS Agreements. 3. They shall guarantee access to information on the health safety including information 3. It shall coordinate the positions of Member concerning hazardous substances and States to facilitate their representation within activities. the relevant international organizations involved in the phytosanitary, zoosanitary and CHAPTER3: food health safety areas. REGIONAL COMMITTEE ON SAFETY SANITARY OF PLANTS AND FOOD COMMODITIES 4. Concerning issues on the sanitary safety of animals, the Regional Sanitary Safety Article 13: Establishment and Organization Committee relies on the Regional Veterinary Committee. 1. It is hereby established in the Community, a RegionalSanitary Safety Committee on Plants, Article 15: Mode of Operation Animals and Food Commodities hereinafter called the "Regional Sanitary Safety 1. For purposes of carrying out its missions, on Committee", which is underthe authority ofthe safety of food commodities, the Regional Food ECOWAS Commission. Safety Committee relies on the following two sub-committees: 2. The RegionalSanitary Safety Committeeis the relevanttechnicalconsultative bodyinthe area a. Sub-committee on the health safety of of sanitary:. plants and food of plants origin; b. Sub-committee on the safety of food or 3. For purposes of achieving its goals, the animal origin. Regional Sanitary Safety Committee relies on the following three sub-committees: 2. Concerning issues on the health safety of a. Sub-committee on the sanitary safety of animals, the Regional Food Safety Committee plants; relies on the Regional Veterinary Committee Article 16 : Funding b. Sub-committee on the sanitary safety of animals; The funding of the operation of the Regional Food c. Sub Committee on sanitarysafetyoffood, Safety Committee and its sub-committees shall be by the general budget of the Community's organs. 4. The composition of the Regional Sanitary Safety Committee and its sub committees shall CHAPTER4: be determined by a Regulation of EXPERT AND COOPERATIVE MECHANISM Implementation in compliance with Article 9 paragraph 2 (c) of the Protocol A/SP.1/06/06 Article 17: Networks and Observatories amended by Supplementary Act A/SA.3/02/10 of 16 February 2010 amending the revised 1. In the implementation of its missions, the Treaty of ECOWAS. Regional Food Safety Committee shall relyon the network of expert, institutional cooperative Article 14: Functions mechanisms and observatories as follows:.

1. The Regional Food Safety Committee shall a. the network of experts ; assist the Commission in the organization of b. the network of laboratories; sanitary cooperation between Member States and facilitating the development of a coherent c. the early warning network ; food safety policy in theCommunity by providing d. the network of national agencies; it with appropriate technical opinions. e. the network of training institutions;

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a. Expert Network : referral and CHAPTERS: missions APPLICATION OF INSTITUTIONAL Upon the request of the regional food ARRANGEMENTS safety structures, the network of experts supports the latter through scientific Article 18: Enforcement Regulation advice, during health crises. The Commission shall state, through enforcement b. Laboratories Network : denomination regulation, the attributions, the organization and and organization operation of regional facilities of safety of food The regional network of analytical commodities, established by this Regulation as well laboratories, hereinafter called " as the list of reference laboratories on proposal of laboratories' networks ", shall collate all the regional food safety Committee. public or private laboratories in Member States likely to form referral structures for CHAPTER 6: analysis of veterinary products. GENERAL RULES OF ENFORCEMENT OF SAFETY MEASURES OF FOOD COMMODITIES c. Early Warning Network: The regional early warning network, Article 19: Notification procedures hereinafter designated " early warning network " shall be tasked with the The Member States shall inform the Commission monitoring and immediate transmission of about notifications provided for by the SPS information on food safety risks, to the Agreements, according to the procedures and modes appropriate structures. of presentation established by WTO, notably Annex B on regulation concerning transparency. d. Network of National Agencies: denomination and missions Article 20: Annual review of health regulations The regional network of national health safety agencies hereinafter called " In application of Article 41 of the ECOWAS Treaty, Regional network of national agencies " the regional food safety Committee shall provide the shall strengthen food safety cooperation Commission with the information that will enable it and shall ensure information flow in the review annually health regulations with a direct or areas of the Community's food safety and indirect impact on regional trade, in order to propose health policies. their harmonization or their gradual elimination e. Network of training institutions: according to Articles 3 and 4 of the WTO SPS designation and missions Agreements. The regional network of training institutions, hereinafter called "training CHAPTER 7: networks" shall contribute to improved HARMONISATION OF HEALTH MEASURES training supply. Article 21: Establishment of a joint strategy for National Information Authorities safety of food commodities (Watchdogs) Underthe enforcement of the CommunityAgricultural Without prejudice to the activities carried out Policy, the Commission shall develop, based on the bythe regionalstructures and other information work of the regional committee, a joint strategy in tools set up withinthe Community and in order the area of food safety aimed at: to meet specific needs in certain health safety a. Coordinating and harmonizing activities sectors, National Information Authorities shall in this domain; be set up. b. Developing food safety action programs They shall be tasked with creating and in order to meet the specific needs of the managing the databases necessary for common market, in collaboration with sanitary cooperation and establishing an international organizations, other relevant inventory of legislation and international food regional organizations and organizations safety agreements whichbindthe Community's representing producers and consumers; Member States.

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c. Strengthening the existing infrastructures 2. The Member States shall coordinate the and rationalize their use in order to make activities of their different ministries, them accessible to all Member States. administration and relevant services in the development of technical regulations inthe area Article 22: Harmonization of food safety of the safety of food commodities as provided measures for - by Articles3 and 4 of the SPS Agreements of WTO. 1. For the strengthening of the Common Market in the agricultural sector and in order to 3. Such technical specifications and regulations contributeto implementation ofthe jointstrategy shall be formulated so as not to cause food of food safety of the COMMUNITY, the safety and technical obstacles to trade or other obstacles or unnecessary measures and shall COMMISSION shall: be developed to be compatible with the international and regional agreements. a. Develop an inventory of mutual recognitions of legislation in the area of food safety ; 4. The technical specifications and regulations in b. Organize and maintain up to date the area of food safety shall be coherent, notification procedures of food safety simple, and transparent, and shall involve measures adopted by Member States; administrative and implementation costs which shall be as light as possible. c. Adopt community food safety measures; Article 24: Standards collection d. Coordinate the positions of Member States inthe activities of relevant regional The Regional Secretariat of Normalization, and international organizations. Certification and Quality Promotion (NORMCERQ) shall rely on the Regional food safety Committee for 2. In accordance with Article 41 of the ECOWAS the collection of national standards and annual Treaty and in observance of the international standardization programs of Member States in the health safety standards under Articles 3 and 4 area of food safety in accordance with the provisions of WTO Agreements; the Member States shall: of the WTO SPS Agreements.

a. Develop programs and activities in the Article 25 : Supporting the analysis of food area of food safety regulation; safety risks b. Establish structures and activities for their national food safety agencies; 1. The Commission shall turn to risk assessment as an objective and justifiable method to c. Develop their technical and legal assess food safety risks inthe ECOWAS region. capacities so as to make possible an effective and rational cooperation; 2. To that end, it shall: d. Assist with the promotion and application a. Support the food safety policies of the of technical specifications and different Member States; regulations in the food safety area for an b. Bring together regularly a group of appropriate protection of their experts who shall be tasked with populations and their environment; analyzing the food safety risks and shall e. ApplyECOWAS'rules and procedures as provides Commission, through the adopted and implemented by the regional food safety Committee, with appropriate advice. Community. c. Make certified laboratories of the network, Article 23 : Development of technical carry out analyses according to the specifications and regulations standards and procedures defined by the relevant international organizations; 1. The Member States shall enact technical d. Collate and make available the necessary specifications in the area of safety of food information for the establishment of a commodities and exchange their mutual common food safety territory and, in information by notification processes provided particular sets up legal, scientific and for byAnnex B ofthe SPSAgreements ofWTO. technical data bases.

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Article 26 : Mutual information systems commercialized in another Member State in accordance with the technical specifications and 1. The Member States shall agree to adopt, under health measures in force in the Community. the Community agricultural information arrangement, compatible management Article 29 : Level of mutual recognition systems forthe documentation and information in the area of food safety in order to facilitate The equivalence of the quality or conformity in the exchanges between the regional food safety area of health safety withinMember States intervenes Committee, the cooperation and expertise through mutual recognition of: mechanisms and the corresponding a. Technical regulations, technical international bodies. specifications, and health measures; 2. The cooperation and expertise mechanisms b. Inspection and control procedures, shall providethe regionalfood safety committee sampling and verification by analysis; withall necessary informationfor harmonization of regular activities in the area of food safety. c. Verification and sampling methods by analysis as well as its interpretation 3. The regional food safety committee shall apply systems of the analysis results. provisions of the general mutual information system and the information processes provided Article30 Application of the equivalence for between Member States, in the area of principle standards and technical specifications provided for by Articles 3 and 4 of the SPS Agreements At the intra-community and the extra-community level, each Member State shall prove, in accordance of WTO. with Article 4 of the SPS of WTO, that: Article 27: Participation in the work of a. The plants and plant products are international agencies produced or commercialized in observance of the regulations in force 1. The Commission shall encourage Member and that they are in compliance with the States to participate inthe work of health safety technical specifications, technical international agencies which are notably the regulations and international health plant OIE, and the Codex Alimentarius. protection measures in force;

2. The Commission shall coordinate the positions b. The animals and animal products are of Member States in the work of the relevant produced, transported or commercialized international agencies, notably the OIE, the in observance of the rules in force and Codex Alimentarius and WTO (SPS that they are of the technical Agreements, and OTC) specifications, technical regulations, and animal health measures in forced; 3. The Commission shall participate, through the c. The food products are manufactured or regional food safety Committee, in their commercialized in observance of the activities, on behalf of Member States. regulations in force and are of technical specifications and international health CHAPTER 8: safety measures of food commodities in MUTUAL RECOGNITION AND EQUIVALENCY force. OF HEALTH SAFETY SYSTEMS CHAPTER 9: , Article 28 : Implementation of the principle of MEASURES OF PREVENTION, WARNING mutual recognition AND RISKASSESSMENT

In accordance with Article 41 of the Revised ECOWAS Article 31 : Implementation of risk assessment Treaty and Articles 3 and 4 of the SPS Agreements of WTO, any economic operator shall be entitled to 1. Inapplication of the principleestablished under market plant products, animal products and food Article 6 of this Regulation and Article 5 of the commodities on the market of another Member State SPSAgreements of WTO, MemberStates shall when the latter are imported, manufactured, or take health measures which would ensure the

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appropriate level of national protection. The 2. In case of a proven health crisis, the Member latter shall depend on scientific information and State(s) shall immediately take any conservative its maintenance shall be based on available health measure appropriate for control. Should evidence. the case arise, and for legitimate and duly justified motives, they shall take provisional 2. However Such measures must not be more measures of restriction and trade at their intra restrictive for trade. and extra community borders in the same precautionary conditions as those provided for 3. Any Member State which conducts such under the SPS Agreement. They shall assessment shall rely ifneed be on the regional immediately inform the Early Warning Network food safety Committee, taking into account: and the Commission, and the OIE, in case of a zoosanitary crisis. a. The health risk assessments undertaken by international health safety agencies; 3. The Commission and the Member States shall b. Scientific evidence and all technical lend support without restriction for the information available; measures taken in order to prevent or control the crisis. c. Processes or methods of production or transformation likely to modify the 4. The conservative health measures shall cease characteristics of the plant, animal, or with the control ofthe health crisis. The Member food commodities; State having taken such measures shall notify d. Methods of operation, inspection, the Commission and other Member States assessment of conformity, sampling or including the OIE on the end of their trial and environmental parameters; enforcement, in case of a zoosanitary crisis.

e. Of the destination and use of animals, CHAPTER 10: animal products and food products. CAPACITY BUILDING

4. If the assessment of a health risk reveals an Article 33: Training and equipment important danger for the food safety, health of plants and animals as wellas the environment, In the context of those regional health safety the national health safety agencies shall structures established by this Regulation, the immediately inform the authorities of the Member States, relying notably on the training Member States involved, the Early Warning network, shall agree to : Network offood safety ofthe Community and if necessary, the relevant international a. Consult each other on their common organizations. training needs in the area of health safety; 5. The Member States shall make available the b. Coordinate among them the use of relevant documentation about risk assessment existing infrastructures and pedagogic procedures which was used as ground workto means in order to make them accessible establish their level of protection justifying the to other member States; banning or restrictive measures involved. c. Develop training programs in the area of Article 32 : Measures of conservation and health safety aimed at meeting the health warning specific needs of the Common Market;

1. In case of suspicion of a health crisis, the d. Strengthen their infrastructures and Member State(s) involved shall inform the equipments for control and health Commission and other Member States surveillance. immediately throughthe earlywarning network. The Commission shall immediately request for Article 34: Communication and extension the opinion of the regional food safety 1. • The Commission and the Member States shall Committee on the case. advise, through the regional health safety structures set up by this Regulation, on their activities in the area of food safety, to the

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Community's population, as well as all partners Article 38 : National Plan Protection involved, notably through sensitization, Organisation (NPPO) seminars, advertisements or publication of reports^ariB opinions. 1. Each MemberState shall put inplace a national organisation officially in charge of plant jm\e communication and extension activities protection and management of phytosanitary shall be aimed at contributing to the promotion risks, andwhosefunctions shallbe in conformity of a participatory approach by the communities with those indicated by the competent in the detection, evaluation, prevention and international and regional organisations management of food safety risks within the operating within the framework of the Community. International Plant Protection Convention (IPPC). CHAPTER 11 : ROLE OF THE COMMUNITY IN CASE OF 2. The NPPO shall be attached to the PROVEN HEALTH CRISIS administrative or ministerial authorities in charge of Agriculture who participate in the Article 35: The Commission's powers activities of the regional plant protection organisation in conformity with Article IX of the 1. Where there is a confirmed major health crisis, IPPC. Each Member State shall indicate the the Commission shall ensure that the composition, status and operational principles conservative health measures and other of the NPPO. It shall especially provide it with precautionary measures are taken by Member the required operational means to execute its States in order to control the health risks. duties of phytosanitary risk management and participate inCommunity policies on controland 2. In case of proven deficiency ofthe conservative fight against harmful organisms to plants and health measures in one or more Member plant products. State(s) involved in the health crisis, the Commission shall urgently convene a meeting 3. The NPPO shall be in charge of implementing with the relevant national agencies in order to the phytosanitary legislation prepared in jointly determine the measures or substitutes conformity with the international agreements, that the situation requires. especially the WTOAgreement on Sanitary and Phytosanitary Measures (SPS) and the IPPC. Article 36 : Emergency fund 4. The NPPO shall participate in the activities and The Community encourages Member States to set notably provide support to the missions of the up national health emergency funds to which they regional sanitary security Committee, the shall contribute in order to meet the emergency phytosanitary warning networks and any needs in case of proven health crisis. sanitary cooperation mission as stipulated in this Regulation. CHAPTER 12: PLANTS SANITARYSECURITY 5. The NPPO shall prepare and update the lists of phytosanitary requirements of importing and Article 37: Member States exporting countries and transmit them to the Secretariat of the ECOWAS Regional sanitary Member States shall prohibit introduction, security Committee. possession, transport and dissemination of parts of organisms or products that constitute known, Article 39 Plant Protection Consultative identified or potential risk for plants in the ECOWAS Council Region. They shall ensure that donations in food supplies, seeds or any other plant material offered 1. Each Member State shall put in place a Plant by the International Community comply with the Protection Consultative Council with a view to Community technical requirements, technical assisting the ministerial authority in charge of regulations or sanitary measures. plant protection and in orderto determine whole or part of the required measures for prevention of phytosanitary risks.

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2. Each Member State shall ensure proper and sanitary measures. This obligation shall representation of the administrations and the be extended to warehouses as well as transport professional and consumer organisations in and distribution equipment. the said Council. 3. Any individual or corporate body, public or Article 40: National structures and cooperation private undertaking routine or professional production, storage, transport and marketing mechanisms of plant materials and harmful organisms 1. Member States shall put in place national therein shall declare such to the relevant NPPO structures and mechanisms with a view to office inconformitywiththe modalities stipulated ensuring their participation in plant sanitary in the Community technical requirements, security cooperation and the expertise technical regulations and sanitary measures. mechanisms provided in the institutional 4. Any individual or corporate body, public or provisions of this Regulation. private that observes the presence and proliferation of organisms in either a private or 2. To this end, they shall: exploited rural or urban estate, or stored a. nominate experts to participate in the products or materials, as stipulated in this experts network in the area of Community Regulation, shall declare such urgently to the sanitary security; relevant NPPO office.

b. propose to the Commission a list of Article 42: Legitimate objectives of compliance national laboratories in the area of plant verifications sanitary security likely to become members of the Community network of Authorised control organisations shall undertake reference laboratories; compliance verifications in each Member State in order to avoid production or marketing of plants and c. ensure their participation in the warning plant products contrary to the enforced Community network in the area of plant sanitary regulation and technical requirements, technical security; regulations and sanitary measures. NPPOs shall d. nominate the members of the regional ensure that the concerned economic operators sanitary security Committee; comply withtheir compliance and security obligations as stipulated in Articles 4 and 70 of this Regulation e. indicate the demand and offer relating to and are able to provide verification officers with all training in the area of plant sanitary required documents. During such verification security; activities, appropriate information on better f. organise the appropriate procedures in prevention of phytosanitary risks shall also be order to supply data on plant sanitary collected in order to assist the national and security to the observatory databases. community warning networks and ensure effective control of harmful organisms. Article 41: Economic operators Article 43: Phytosanitary inspection measures 1. Any individual or corporate body, public or 1. All plant product inspection measures stipulated private, owning or exploiting a rural or urban in this Regulation are aimed at preventing estate shall preserve the plant material and phytosanitary risks. harmfulorganisms therein inconformitywith the Community technical requirements, technical 2. The measures must: regulations and sanitary measures. a. be used in line with the target objective 2. Any individual or corporate body, public or and severity of the risk indicated by the private, in charge of protection, storage, controls undertaken by the authorised transport and marketing of plant material and inspection officers; harmful organisms therein shall preserve the b. specify the conditions where the required said plant material in good phytosanitary individual measures should be condition as stipulated in the Community implemented in order to prevent technical requirements, technical regulations marketing of non-compliant goods;

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c. be transmitted to the Community f. inspect and certify exports of plants, plant Phytosanitary Committee and NPPO products and other items subject to network of the Member States. technical requirements, technical regulations and sanitary measures; Article 44: Powers of verification officers g. undertake detection activities and collection of information in order to up 1. The listof verification officers underthe authority date the national and community lists of of the NPPO or individuals under its direct harmful organisms and pests; authority that are authorised to undertake inspections shall be prepared by the Member h. undertake studies and information and States who should establish their technical documentation research, in case of qualification in conformity with Article V(a) of suspicion of violation of the requirements the IPPC on phytosanitary certification. of this Regulation and enforced texts; i. undertake all other missions assigned to 2. Member States shall acknowledge the power the NPPO by the Member States. of authorised phytosanitary verification officers to undertake the following missions: 3. Verification officers may also, within the a. control of plants, plant products or other framework of their verification and investigation imported items subject to the technical activities, request for assistance from other requirements, technical regulations and institutions in order to ensure the effectiveness sanitary measures, irrespective of their of any measure required in the protection of farming, storage or transit conditions, in plants or plant products especially in case of order to evaluate the existence, propagation of phytosanitary risk. infestation and dissemination of harmful organisms and/or plant pests whose list 4. Member States shall harmonise their has been indicated by the implementation phytosanitary inspection practices through the regulation of the Commission; plant sanitary security sub-Committee and if need be authorise joint inspections by the b. inspect consignments of plants, plant NPPOs of the Member States, especially in case products or other imported items subject of field inspections. to technical requirements and sanitary measures destined for import in order to Article 45: Guarantees granted to people under verify, if necessary through collection of inspection samples or any other appropriate mechanism, whetherthese consignments 1. During routine checks, individuals or corporate are infected; bodies under inspection may take advantage c. ensure disinfection of consignments of of the guarantees prescribed in Article 11 of plants, plant products or other items this Regulation, especially: meant for import or export from the a. the professional secret of the officers ECOWAS region, as well as their authorised to carry out the checks; containers, packages, storage areas or means of transport; b. the representative nature of the samples serving as the basis for questioning the d. verify that wastes collected from aircraft, administrative measure; ships or any other means of transport arriving into the ECOWAS region do not c. the right to have access to second pose any risk for plant resources of the expert's opinion and to appeal in community region; accordance with the procedures in force in each concerned Member State. e. issue phytosanitary certificates in conformity with the norms stipulated by 2. As part of these procedures, individuals or the competent international and regional corporate bodies may also request for: organisations operating within the framework of the IPPC; a. notification of measures taken against them and their underlying reasons;

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b. receipts for the samples and declaration suspected to be affected by harmful organisms, of seized goods or products; plants and plant material indicated on the lists prepared by the regulation of the concerned c. outcome of the analysis or the written State and inform the secretariat of the Regional technical justification of the measure taken against them; Sanitary Security Committee for purposes of Community harmonisation. d. copy of their declarations and any other document which contributed to taking this 2. They shall recommend the required measures particular decision against them. for treatment or destruction of plants, plant products or other imported goods subject to Article 46: Preventive measures the regulations as well as to the treatment of their place of storage or means of transport in 1. Control of harmful organisms shall be carried order to avoid spreading of the present or out in consultation with ECOWAS cooperation suspected harmful organisms. and phytosanitary institutions in order to harmonise and strengthen phytosanitary 3. Member States shall determine the duration of security in the Community. the quarantine for risk eradication as well as the modalities for verifying the implemented or 2. Through the NPPOs and phytosanitary applied requirements. institutions, Member States shall investigate, inspect, study, analyse and carry out laboratory Article 49: Prerogatives of verification agents research activities in orderto detect and identify in case of quarantine harmful organisms to plants and the environment and recommend methods for an 1. In case of suspicion or presence of a harmful integrated fight against them. organism which affect plants or plant products 3. These preventive measures shall be backed in an affected or suspected to be affected area, with information, sensitisation and Member States shall authorise their verification dissemination missions aimed at involving the officers to: populations in the integrated control activities, a. go into such an area at any material time, especially in case of phytosanitary warning. inspect plants, plant products or other goods subject to the regulation and collect 4. In case the phytosanitary warning constitutes samples for the necessary analyses; a cross-border threat, the Commission shall coordinate the preventive measures at regional b. demand that, for a certain period, the level in collaboration with cooperation and owner or tenant of the premises in phytosanitary institutions from the Union and question take the appropriate measures Member States. The Commission and Member to contain or reduce the spread or States shall make necessary arrangements to eradication of the harmful organism. cover the costs incurred during implementation of such measures. 2. In case of negligence from the owner or tenant of the premises to comply with a given Article 47: Quarantine stations and entry points notification, Member States shall make the necessary arrangements for verification Member States shall create quarantine stations and officers of each NPPO to go into these places, entry points at vantage positions and ensure their carry out the directives and if the need arises networking. They shall inform the secretariat of the to destroy plants, plant products or other goods Regional Sanitary Security Committee accordingly. affected by the identified risk. Member States shall equip the said stations and entry points with the necessary equipment for their Article 50: Quarantine alert and eradication operation. measures

Article 48: Quarantine and joint information On the basis of inspection made or in view of the results of sample analyses, Member States, through 1. Through their NPPOs, Member States shall their NPPOs, shall declare a phytosanitary make necessary arrangements to quarantine emergency to the warning network mentioned in any space, area or premises affected or Articles 16 and 38 of this Regulation.

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Article 51: Removal of the quarantine accordance with the conditions determined by the Commission, 1. Through their NPPOs, Member States shall b. come with a phytosanitary certificate regularly reassess the situation of the issued by the official plant protection quarantine places and after ascertaining the agencies from the country of origin or by eradication of the harmful organism, authorize people under their authority which shall the removal of the quarantine. certify that they are harmless to plants and plant material and labelled in 2. Despite the removal of the quarantine, Member conformity with the models at the annex States through their NPPOs shall take all of the IPPC. phytosanitary measures to introduce a surveillance system in order to keep these Article 55 : Movement and import restrictions surfaces free of harmful organisms and/or plant pests and to declare them as such. Whenever 1. Some restrictions may be placed on the free a harmful organism and/or plant pest is present movement of plants and plant products within at a low rate in a given area, Member States ECOWAS in conformity with Article 25 of the through their NPPOs shall adopt phytosanitary Revised Treaty. Member States who enact such measures to maintain its presence at a low level restrictions may justify the rationale for the and introduce a surveillance system to that end restriction or detected or suspected risk in order to declare it a low prevalence area for assessment to any exporting country or harmful organisms and/or plant pests. economic operator in accordance with the international guiding principles enacted by the Article 52: List of hosts and quarantine bodies competent regional and international organisations operating within the framework 1. To apply this Regulation, Member States shall of the IPPC and on the basis of well established make reference to the list of hosts and scientific proofs, technical data or climate quarantine bodies which do not exist within the factors. ECOWAS phytosanitary region (A1) as well as those existing but regulated (A2). 2. However, for research purposes, individuals or corporate bodies shall be subject to prior 2. This list is prepared by the Commission through authorisation from the competent NPPO implementation Regulation. bureau, in order to introduce on the Community territory any plant material likely to destroy or Article 53: Movement of imported plants and bring harmful organisms or materials which may plant products transmit harmful organisms or organisms or In conformity with the principles of free movement, parts of living organisms which may have direct mutual respect and compliance with international or indirect impact on plants. They must be able standards and subject to the respect for the principle to prove it. of equivalence as prescribed in this Regulation, imported plants and plant products must conform or Article 56: Phytosanitary inspection for intra- at least be equivalent to technical requirements and and extra- Community trade regulations as well as sanitary measures recommended by the competent regional and Within the framework of intra and extra Community international organisations operating within the trade, plants, plant products, plant materials or other framework of the IPPC. items affected by this Regulation shall be subject to phytosanitary inspection at border entry points by Article 54 : Inspection before entering the the official responsible for issuing a phytosanitary ECOWAS region certificate prepared in conformity with the models at the annex of the IPPC. Any plant material, as well as any product likely to transmit regulated harmful organisms which may Article 57: Phytosanitary certificate destroy plants and the environment, even on transit, must: The Commission shall determine the verification procedures for granting phytosanitary certification a. be subject to phytosanitary inspection at in conformity with international guiding principles on entry points within the Community in inspection and risk assessment.

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Article 58: Phytosanitary protection measures 2. The veterinary administration of individual Member States of the Community shall In conformity with this Regulation, Member States participate in activities and supports missions must take all necessary measures in orderto contain of the Regional Food Safety Committee in and halt the spread of any harmful organism within accordance with the international agreements the ECOWAS region. and notably the SPS Agreement and the OIE. It shall designate the relevant authority which Article 59: Inspection of modern biotechnology is directly responsible for zoosanitary measures products in the territory of the Member State as well as the issuance of international veterinary 1. Import of modern biotechnology plants and certificates. plant products within the ECOWASregion shall be subject to prior authorisation from the Article 62 : National structures and Cooperative competent Authority on biosecurity. mechanisms

2. The competent Authority on biosecurity shall 1. Member states shall set up structures and inform the Commission through the plant national arrangements for their participation in sanitary security sub-committee. the cooperative and expert mechanisms of health safety of plants provided for under CHAPTER 13: chapter 4 of this Regulation. HEALTH SAFETY OF ANIMALS 2. To this end, they shall: ARTICLE 60: Obligations of Member States a. Designate those experts participating in 1. Individual Member States shall: the expert network in the area of health a. ensure the health safety of animals and safety of the Community; animal products by the technical staff of b. Propose to the Commission, the list of the public or private sector under the national laboratories in the area of health responsibility of the veterinary authority safety of plants, likely to fit into the in charge of sanitary control in the Network of reference laboratories of the country; Community; b. report to the Commission and other c. Ensure their participation in the early relevant international authorities in warning Network in the area of the health charge of sanitary control, the mandatory protection of plants; reportable diseases noted on its territory. d. Designate the members of the regional 2. The Commission shall request as per the health safety committee and the regulation for the list of animals and animal veterinary services which will be products that are subject to the said sanitary associated with the Regional Network of measure as well as the mandatory reportable national agencies intervening in the area diseases and measures to be taken for each of health safety of animals in the one of these diseases. It shall updates the Community; general and specific steps applicable to mandatory reportable animal diseases upon e. Define the supply and demand in the area advice of the competent Veterinary Committee. of training in the domain of the health safety of animals; Article 61: Relevant national administrations in f. Organize processes appropriate to supply charge of formal controls the data bases of the Observatory in the area of the health safety of animals. 1. Every Member State shall have an official national agency in charge of implementing Article 63: Sanitary Mandate zoosanitary measures and veterinary certification procedures selected by the 1. In order to strengthen zoosanitary protection Community and shall monitor the and promote maximum allocation of resources, implementation according to OlE's standards. the veterinary authority of individual Member

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States may issue sanitary mandate to a private 4. The Commission, on the recommendation of veterinarian, to carry out for the Government the Veterinary Committee, shall take the and in its name zoosanitary and veterinary necessary measures to set up an emergency interventions. fund intended for funding emergency zoosanitary preparedness plans for the 2. Such mandate shall outline the conditions of prevention and rapid response against attribution and the domains of intervention, transboundary animal diseases as well as notably mass prophylaxis, epidemiological accompanying measures, notably, surveillance as well as health inspection of compensation schemes. animals and animal products. Article 67: Disease free zone declaration Article 64 : Zoosanitary protection procedures 1. The declaration of freedom of a country or area After noting the existence of a mandatory reportable from a disease shall be undertaken at the disease, the relevant national administrative national level by individual Member States. authority, on the recommendation of the authority in charge of zoosanitary control, shall take an 2. The Member States shall inform the appropriate administrative act. Such act shall carry Commission about this declaration and shall reports of disease and shall indicate the enforcement submit an application for certification of disease withina given perimeter of the prescribed measures, free zone by the relevant regional or in accordance with the special measures applicable international authorities. to mandatory reportable diseases and their conditions of enforcement as determined through Article 68: Facility subject to veterinary execution regulation of the Commission. inspection

Article 65: Zoosanitary protection measures Anyfacility undertaking activities which pertain to the domain of health safety of animals shall be subject 1. The individual Member State concerned, to veterinary inspection. mentioned under Article 40 above, shall be responsible for organizing the appropriate Article 69: Control of products stemming from zoosanitary protection measures on its territory. modern biotechnologies 2. The Commission, on proposal of the Veterinary 1. The importation into the territory of the Committee, shall take the appropriate Community, of animals, animal products or measures for harmonization of zoosanitary animal by-products stemming from protection practices. biotechnologies shall be subject to prior special authorization by the relevant authority in the Article 66: Emergency procedures for area of biosecurity and biosafety. zoosanitary protection

1. The Member States shall organize appropriate 2. The Commission, through the Veterinary emergency measures for the prevention and Committee, shall be informed of this accordingly rapid response against emerging or re- by the relevant authority in the area of emerging diseases. biosecurity and biosafety.

2. The Commission, on proposal of the Veterinary Article 70: Veterinary Certificates Committee, shall take appropriate action for the harmonization of emergency measure for 1. For purposes of controlling the health condition zoosanitary protection and shall establish an of animals, an international veterinary emergency intervention plan. certificate shall be issued by an official veterinarian official for any animal imported into 3. The emergency preparedness plan shall define the ECOWAS territory. Such certificate shall be all appropriate measures in case of a presented at veterinary control posts located zoosanitary crisis both for preventing the on the route followed.. outbreak and for containing zoosanitary epidemic diseases in the Community. 2. For intra-community trade, a veterinary certificate shall be issued by a veterinary officer

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for any animal which is moved on the 8. The animal by-products shall also be subjected Community's territory. Such certificate shall be to inspection and safety certification prior to presented at veterinary control posts located entry into Community territory. on the route followed. 9. In any case, they shall carry a sanitary Article 71: Sanitary Control measures at certificate of healthiness or wholesomeness, importation of animals and animal products issued by the veterinary official of the country of origin, certifying that these products: 1. In order to avoid introducing mandatory reportable diseases into the Community's a. Are coming from healthy animals; territory, the animals being imported or intransit b. Were manufactured, handled, and stored by road, rail, sea, riveror air shall be subjected, according to the rules of food safety. to a zoosanitary control at the border posts. Article 72 : Measures of sanitary control at 2. The sanitary controls shall be operated by the exportation of animals and animal products veterinary officer in charge of control at the border post. 1. Animals intended for export by road, railway, sea, river or air, shall be subjected to export 3. The animals being imported shall carry an fees, to sanitary control carried out by the international veterinary certificate issued veterinary office at the authorized exit post. according to OIE standards by a veterinary They shall be accompanied to the exit post with officer from the exporting country. a veterinary certificate issued by a official vetenarian of the place of origin. 4. Entry into the territory of the Community shall be authorized for animals only after 2. At exit point, the export of animals is authorized presentation to the customs service of a only after presentation at the customs service veterinary certificated issued by the veterinary of a health certificate issued by the veterinary officer in charge of the sanitary control at the official in charge of the control of the exit post border post concerned. Only those animals concerned. certifiedas healthy shall be allowed entry.They shall be identified according to a procedure 3. The safety or hygienic inspection shall also certified by the Commission on the applied to animal products, fresh or stored, recommendation of the Veterinary Committee. intended for export. A safety certificate shall be The fees related to the sanitary control of issued to that effect. animals at borders shall be paid by their importers. 4. The other animal products, such as green or salty skins, dry skins, hair, feathers and horns, 5. Animals without a health certificate at the shall be issued with: a certificate of origin and border posts shall be sent back or put in a certificate of disinfection. quarantine at their owners' expense. Article 73: Border transhumance 6. Atthe completion of the quarantine, the animals shall be subjected to sanitary controls and other In accordance with Decision A/DEC/5/10/98. The necessary interventions, notably those related Member States shall implement necessary to care and vaccinations, at their owners' procedures and actions in order to facilitate the expense, in accordance with the program of movement of transhumant animals and, in particular, epidemiological surveillance in force in the shall adopt the international transhumance certificate Community territory. of ECOWAS.

7. A zoosanitary pass shall be issued for those Article 74: Sanitary Control measures specific animals admitted on the Community territory. to intra-community trade The pass shall be stamped by a veterinary officer at the control posts located on the route 1. Individual Member States shall ensure that followed for control of the health condition of animals and animal products be shipped from animals. their territory towards the territory of another Member State with a veterinary certificate

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issued by a veterinary official. Such certificate Article 75: Veterinary control posts shall be presented at those veterinary control posts located on the itinerary followed for In relation with the Member States and on the advice purposes of control of the health status of of the Veterinary Committee, the Commission shall animals. establish, by way of Execution Regulation, the list of authorized veterinary control posts at ports, airports, Individual Member States shall communicate to railroads and roads for the importation and the Commission and to other Member States exportation of animals in ECOWAS territories. the list of border posts which shall be used for importing animals and animal products into CHAPTER 14: their territory. The choice of border posts shall FOOD SAFETY take into account the usable commercialization Article 76: Commodities banned for channels and modes of transport.. consumption

Every Member State shall ban introduction of 1. The Member States shall ban within the animals or animal products in its territory, if on ECOWAS territorythe consumption ofany food, inspection at a border point by a veterinary commodity or food product harmful to health officer, such animals and or animal products and inappropriate for human consumption and are affected or contaminated with a mandatory animal feed. reportable disease. The Member State of destination shall take necessary steps, 2. In pursuance to the above objective, they shall: including quarantine, in order to determine the animals or animal products likelyto be affected a. Observe the principles and food safety or contaminated with a mandatory reportable measures enacted by the Community; disease or likely to represent a risk of b. Organize the food safety in production, spreading such disease. importation, and intra-community movement of foods ; A Member State shall in case of risk of spread of animal diseases through introduction on its c. Adopt measures making possible the territory of animals coming from another verification for compliance of food Member State, take the necessary measures: commodities with such specifications and standards; a. In cases of outbreak of an epizootic disease in this other Member State, ban d. Define the extent ofsafety and obligations or temporarily restrict introduction of of different economic operators and the animals and animal products coming from precautions appropriate to ensure food portions of the territory of this Member safety, safety of human and animals and State where the disease broke out; the prevention of environmental risks.

b. Incases where an epizootic disease takes Article 77: National structures and cooperative on an extensive nature or in case of mechanisms outbreak of a new serious contagious disease for animals, ban or temporarily 1. The Member States shall establish national restrict introduction of animals and animal structures and arrangements as part of their products from the entire territory of this participation in the cooperative and expert member State. mechanisms of food safety as provided for under chapter 4 of this Regulation. 5. The measures taken by a Member State shall be communicated immediately, to the 2. inpursuance to the above objective, they shall: extent possible, to the Commission and to the member States with a precise a. Designate those experts who shall indication of the reasons. If the Member participate in the Experts' Network in the State involved deems that the ban or area of food safety ; restriction is unjustified, it shall address b. Propose to the Commission the list of the Commission in order to obtain an national laboratories in the area of food immediate opening of negotiations. safety, likely to fit into the Network of the Community's Reference Laboratories;

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c. Ensure their participation in the alert The extent of safety presented by the product network in the area of food safety ; or commodity shall take into account not only its properties, characteristics, and known d. Designate those individuals sitting in the effects, but also of its packaging, labeling and Regional Food Safety Committee and in consumer categories it is intended for. the National Food Safety Organization which shall be linked to the regional Article 79 : Self-regulatory and monitoring network of national organizations obligations intervening in the area of food safety in the Community; 1. The implementation of self regulation shall be e. Define the supply and demand in the area the responsibility of the first marketing officer of training in the safety of food who shall bring the necessary justifications. It commodities; shall also be the responsibility of the different economic operators to carry out, for their f. Organize effective procedures for respective operations, these prior verifications, information gathering for the data bases and justify them. in the Center for food safety. 2. The Member States, after gathering the Article 78: Economic operators of the food appropriate scientific viewpoints, particularly sector: obligation of caution, safety and from the scientific authority and the structures information and cooperative and expert mechanisms of the Community, shall assess and determine 1. The economic operators of the food sector concrete measures for complying with the shall be responsible for the safety and quality obligations of self regulation, caution, and of the food commodities that they put on the community's market. follow-up, on account of the nature of the product, its conditions of production, 2. They shall put on the market safe products for commercialization, or consumption. the consumer. 3. As far as imported commodities are concerned, 3. In exercising their respective activities, they the self-regulatory obligation shall be the have an obligation to monitor the food responsibilityof the importing agent taking into commodities that they provide, by obtaining account the objective and verifiable guarantees information on the risks that these commodities provided in international trade by the exporting could present and shall engage appropriate country or the foreign manufacturer. measures for avoiding such risks.

4. The economic operators of the food sector Article 80 : National agency for Food Safety shall ensure that at every stage of the production, transformation, storage and 1. The Member States shall ensure coordination distribution of the products that they put on the of the different public services and authorities market, such products shall conform with the concerned in the safety of food commodities. technical specifications and standards of the They shall designate the national administration food legislation applicable to their activities. responsible for this sector hereinafter designated as " national committee for food 5. According to the obligation of caution, every safety" economic operator of the food sector shall inform the relevant authorities when he 2. The Member States shall be responsible for the considers or has reason to believe that a food composition, status, and modalities of the commodity that he has put on the market may operation of the national committee for food be harmful to human or animal health. He shall safety . They shall ensure in particular the adopt any measure to prevent any damage for credibility and means of operation to the consumer and shall advise authorities to that effect. accomplish their missions of management of health risks and participation in the 6. The obligations arising compliance with the Community's health policies. obligation of safety and which are required under the verifications of compliance shall be 3. The national committee on food safety shall be commensurate with the intended goal. tasked with the management of health risks. It

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shall participate in the activities and supports 3. In the course of such controls, information shall the ECOWAS missions of food safety, notably also be collected to ensure better risk those of cooperative and expert structures and prevention and particularly for regulation mechanisms. applicable to food commodities.

Article 81 : Food safety authority in charge of Article 83 : Powers of verification agents analyzing health risks 1. The Member States shall set the list of agents 1. Every Member State shall have an advisory authorized to carry out compliance monitoring board for analyzing the risks of safety of food of food commodities.. commodities in order to assist the inter- ministerial authority in charge of the food safety 2. To fulfil their missions, the agents authorized and to determine all or part of the measures to carry out verifications shall have necessary to analyze risks for risk prevention. investigative powers enabling them notably : a. To visit industrial facilities; 2. It shall ensure an adequate representation of administrations, professional organizations, b. To seize and communicate documents; and consumers within the said board. Such c. To seize objects, products, and risk board shall work in close collaboration with the assessment elements; structures and mechanisms of cooperation and expertise of the Community, notably the experts d. To collect representative samples, for network, the laboratories network and the early quality control tests; warning network. It shall participate in defining e. To test and verify The provisional the national policy necessary to the safety and consignment of commodities, products or health of individuals as well as environmental instruments. protection. 3. In the process of such investigations, the Article 82: Goals of compliance monitoring authorized agents may also request from the 1. The goal of compliance monitoring shall be to relevant administrative authorities any prevent the production or marketing of food extensions of the consignment, seizures, commodities that: destructions, or changes of destination of commodities recognized as non compliant. a. are harmful for human as well as animal health; Article 84: Strengthening sanitary control b. do not meet the requirement of consumer measures in emergency cases information; 1. In case of serious or immediate danger to c. do not meet the requirement of the United human health, control measures shall be Nations CodexAlimentarius Commission's strengthened by the national committee on food ethics code for international trade on food safety. commodities 2. In pursuance of the above (order to control the d. do not meet the requirements attached hazard) the national committee on food safety to experimentation or marketing of foods shall adopt the most appropriate measures or new ingredients; which may be to: 2. The goal of the compliance monitoring shall be a. Suspend the production, manufacturing, to ensure that economic operators of the food exportation or marketing of the commodity sector concerned have personally met their involved; requirements of compliance, monitoring, consumer information and safety of food b. Proceed to withdraw the product from commodities. Such operators shall be able to anywhere it may be found ; provide controlling agents to justify their own c. Proceed to destroy it or have it destroyed self-monitoring and trade information on food when this is considered the most commodities which have undergone such appropriate way to control the hazard. verifications.

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2. The above measures shall cease to be 3. Subject to the rule of reciprocity, and in applicable as soon as evidence is brought that compliance with the standards recommended the commodity involved has met the food safety by the Joint FAO/WHO Commission of the requirements. Codex Alimentarius, the food commodities known to be compliant with the safety and 3. In case of a warranted emergency, the control quality regulationofthe exportingcountry, shall measures referred to above can be enforced move freely in the territory of the Community. by the competent national authorities for a Restrictions shall be imposed on this principle, maximum period of one month, provided they if the commercialization of the product is likely advise the national committee on food safety to undermine public health. within twenty four (24) hours. After that one month period, the control measures shall cease Article 87: Routine of prior authorization for being applicable, unless there is an official new food commodities notification of the special arrangements by the national committee on food safety under the 1. Production and commercialization of new food conditions specified above. commodities shall be subject to prior authorization issued by the national committee Article 85: Official recognition of compliance on food safety, upon request by the person responsible for their preparation, production or 1. The food commodities to be imported and those first putting on market. The Committee shall take to be exported having met the requirement of the opinion of the advisory board on analysis official controls organized prior to customs of the risks involved in the food safety, and the clearance, shall be presumed compliant with board shall advise the ECOWAS Commission the technical specifications and standards to that effect. defined by the community food safety measures in the case. 2. Such authorization shall be in line with the precautionary principle which is mandatory 2. The Commission shall establish the formal particularly for economic operators and public verification procedures for food commodities authorities, and shall be in line with the advice prior to their being cleared by customs. It shall of the Advisory Board on analysis of the risks determine the conditions under which the in terms of the food safety. Itshall be issued on established lists of economic operators are a provisional basis, for a limited duration. engaged in alleviating the controls carried out in advance. 3. Such authorization shall be revoked at any 3. The food commodities moving on the territory moment upon well-founded decision or limited of the Community and which have been in its scope concerning the conditions of subjected to the necessary verifications are production, commercialization, or consumption. considered compliant with the technical specifications defined by the community food Article 88: Reinforced information of the safety measures in the case. consumer for new food commodities

Article 86: Principle of free movement of 1. New food commodities shall comewith adequate imported food commodities labeling information, to the consumer, on the presence of any genetically modified organisms 1. Imported food commodities shall circulate freely or any other treatment made on the commodity on the territory of the Community when they or product. are in compliance with the technical specifications, the technical regulations, and 2. In addition, the label shall inform the consumer notably the quality and safety regulation and on the precaution for use of the new food item. the food safety measures in force within the ECOWAS region, Article 89: Procedures considered as equivalent to official recognition of compliance 2. The economic operators shall ensure the compliance of such food commodities with the The following food commodities or products shall be entire set of regulations and technical compliant with regulation: specifications and food safety measures, and a. Those coming with a compliance shall show evidence of verification to that effect. certificate that meets the regulation

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criteria of the exporting country and coming from formal authorities, conditionally with reciprocity and except contrary specifications; b. Those Presenting commercial or contractual guarantees shall be considered as equivalent to the control administrative procedures; c. Those coming from member States.

CHAPTER 15 : MISCELLANEOUS AND FINAL PROVISIONS

Article 90 : Implementation

1. The Member States shall put together the technical and scientific resources available for progressive harmonization of food safety regulations and standards in Member States

2. The Commission shall be entitled to call on all economic operators, personalities, institutions or entities likelyto provide the Community with necessary technical, scientific and financial support.

Article 91: Entry into force

This Regulation, shall become effective from the date of signing, and shall be published in the official bulletin.

DONE ATABUJA, THIS 26TH DAY OF NOVEMBER, 2010

ilAisyfc. H.E. H. Odein AJUMOGOBIA, SAN CHAIRMAN FOR COUNCIL

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REGULATION C/REa 22/11/10 ESTABLISHING WONDERING the risks to human and animal health COMMUNITY PROCEDURES FOR MANAGEMENT and the environment that may arise from inadequate OF VETERINARY DRUGS OR BIOLOGICS monitoring of the flow and use of veterinary drugs or biologies;

THE COUNCIL OF MINISTERS CONSCIOUS of the need to harmonize market authorization procedures, through establishment of MINDFULof Articles 10,11, and 12, of the ECOWAS a community agency in charge of assessing dossiers Revised Treaty as amended and on the and through instauration of a centralized market establishment of the Council of Ministers and defining observatory; its composition and functions; TAKING into accountthe necessity to provide financial MINDFUL of Articles 25 of the ECOWAS Revised arrangements necessary to establish the Treaty on Agricultural Development and Food implementation of the community regulation in the Security which prescribes to Member States that they area of veterinary drugs or biologies; pledge to cooperate in the area of protection of plant and animal species control of animal and plant TAKING also into account the necessity to ensure diseases; and the strengthening of existing that good quality, effective and safe veterinary drugs institutions in the area of natural disaster or biologicals are marketed in the ECOWAS region; management; NOTING that the current inadequacy of available MINDFUL of Decision A/DEC.11/01/05 on the resources does not enable individual ECOWAS adoption of the Agricultural the ECOWAS Agricultural Member States to have a laboratory specifically Policy; assigned the task of quality control of veterinary drugs or biologies; MINDFUL of Decision C/DEC/1/5/81 on the components of control of hunger, extinction of certain DETERMINED to organize the networking of plant and animal species, funding programs, laboratories and harmonize their operation in order research and agricultural projects of production, to maximize their effectiveness and minimize the risks storage, and treatment of agricultural products; to animal and human health in the ECOWAS region;

MINDFUL of Decision A/DEC 5/10/98 of the ON RECOMMENDATION of the Meeting of Ministers Conference of Heads of States and Government on in charge of Agriculture, and Animal Resources, held transhumance within the ECOWAS region; in Abuja on 23rd February 2010.

MINDFUL of the Supplementary Act A/SA. 12/01/07 ENACTS on the establishment of a Sub-regional Mechanism of Coordination and Prevention and Response CHAPTER 1: against Avian Influenza in West Africa; DEFINITIONS AND SCOPE OF APPLICATION

MINDFUL of Regulation C/REG.23/11/10 on the Article One: Definitions establishment, composition, and modalities of operation of the Veterinary Regional Committee In the terms of this Regulation, the terms below are within ECOWAS; defined as follows:

MINDFUL of Directive No.... dated 22/11/10 on the 1) Veterinary drug Veterinary Pharmacy; Means those Biologicals, Pesticides and products of bio-technology that safe guard the CONSIDERING the heterogeneity of national health and welfare of aquatic and terrestrial provisions in the area of marketing authorization of animals to enhance their production and veterinary drugs or biologies; ensure that foods produced from the animals are safe for human consumption and free of RECALLING the WTO SPS Agreements (Marrakech potentially harmful residues; and should not Accord) on animal and plant health as well as food cause harm to the environment - plants, insects, safety; non-target animals and wildlife .

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Any substance or composition which could be whose bioequivalence with the reference drug administered to an animal in order to establish has been demonstrated by appropriate a medical diagnosis or restore, correct or bioavailability studies. modify physiological functions or behaviour. 9) Extemporaneous preparation 2) Substance Any preparation made upon prescription by a veterinary doctor which at the time of use meets Any matter or material the source of which could a specific therapeutic need in particular be: location and time. animal, such as: the micro-organisms, 10) Withdrawal period (Withdrawal Period) complete animals, organ portions, animal This is the necessary period between the last secretions, toxins, substances obtained administration of a veterinary drug on an animal by extraction, blood by-products, in normal conditions of use and the time meat plant, such as: the micro-organisms, or milk are obtained from the same animal, The plants, plant portions, plant secretions, withdrawal period guarantees that the animal's substances obtained by extraction from food products such as meat or milk does not it, contain any amounts of residues exceeding the maximum established limits for residues in such chemical, such as: the elements, natural food commodities. or synthetic that could be organic or inorganic. The maximum limits of residues to be taken into account in order to preserve the consumer's 3) Pharmaceutical formulations health are as much as possible those Any drug prepared to be put on the market established by the Codex Alimentarius pending under a special name and particular packaging. the establishment by ECOWAS of the maximum limits of residues at the community level. 4) Raw material for veterinary drug Any raw material(s) used for the manufacture 11) Experimentation of veterinary drug, that is not a pharmaceutical All trials, research or experiments hereinafter formulation, put on the market in a designated as trials, which are made in order pharmaceutical form usable in its natural form to obtain marketing authorization or without any change. modification. It is an act of testing the efficacy or safety of the drug or biologies. 5) Veterinary biologies Means any ofthe substances commonly known 12) Promoter as vaccines serum, toxin, antitoxin, antibody Any manufacturer or group of manufacturers and antigen used in disease prevention, who applies for clinical or field trial or. diagnosis and treatment in animals. authorisation of veterinary drugs or biologies.

6) Medicinal pre-mixes 13) Experimenter Any veterinary drug used for the subsequent Any individual whocarries out any trial, research manufacture of medicinal feed. or experiment on a veterinary drug or biologic with the purpose of discerning its efficacy and 7) Medicinal feed safety. Any mixture of drug pre-mixes and feeds prepared prior to being put on the market and 14) Investigator destined to be administered to animals without Any individualwho conducts a clinical trial on a transformation, because of the curative or veterinary drug and biologic to determine its preventive properties or other properties of the efficacy and safety. premixes such as those listed under item 1. 15) Veterinary enterprise 8) Generic drug Any economic project or entity of an industrial Anyveterinary drug which has the same active or commercial nature in the area of veterinary principle or substance in the same drugs or biologies. pharmaceutical form as the reference drug and

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A veterinary enterprise can involve several 22) Agent veterinary pharmaceutical establishments. Any individual, enterprise or organisation or several veterinary pharmaceutical 16) Organisation establishments authorised to carry out, by order An organised public establishment or and on behalf of one or several holders of association carrying out a veterinary marketing authorization (MA) or users, the pharmaceutical activity storage and wholesale distribution of veterinary drugs or biologies. 17) Veterinary pharmaceutical establishment Any structure or institution containing a 23) Wholesaler grouping of human and material resources Any enterprise or organism or person involving used for industrial or commercial operations in one or several pharmaceutical establishments the area of veterinary drugs veterinary drugs licensed to carry out the purchase, importation or biologies. It may consist of a portion of a or sale and distribution of veterinary drugs or building or one or several buildings in a single biologies in large quantity other than those geographic area. submitted to clinical tests.

18) Manufacturer 24) Wholesale distribution of veterinary drugs Any veterinary pharmaceutical establishment or biologies carrying out, for wholesale or free donation or Any pharmaceutical activity of a commercial use the manufacture of drugs and biologies . nature which includes the purchase, sale, distribution, importation or exportation of 19) Manufacture of veterinary drugs or veterinary drugs or biologies or any other biologies commercial operation dealing with veterinary This is any industrial pharmaceutical activity drugs or biologies, for profit or not, except the leading to the production of a veterinary drug provision by a manufacturer of veterinary drugs or biologic as defined under point 1, namely or biologies manufactured by self, or the retail the supply or acquisition of raw materials and sale of veterinary drugs or biologies by packaging materials, putting in galenical form, individuals authorized to conduct such activity quality control, release of batches of drugs or in accordance with the national regulation of biologies as well as corresponding storage individual Member States. operations, as defined by the good practices applicable to this activity. 25) Medicinal feed manufacturer Any enterprise or organisation or person The manufacturer, or his representative shall including veterinary * pharmaceutical carry out monitoring operations on the drugs establishments authorised to carry out, for the or biologicto determine the withdrawal period. purpose of selling, or donating, or conducting clinical tests on the animal, the manufacture of 20) Operator medicinal feed ; such manufacture involves Any licensed or authorised enterprise person operations about the purchasing of medicinal or bodythat operates one or several veterinary premixes, packaging materials, mixing, quality pharmaceutical establishments involved in the control, corresponding storage operations, production and sale of veterinary drugs or corresponding controls notably in the area of biologies. homogeneity as well as batch monitoring and if need be, withdrawal of the batches. 21) Operation This is the manner offunctioning ofa veterinary For those medicinal feeds subjected to clinical pharmaceutical establishment. It consist of the trials, the operations of distribution, monitoring sale or free donation, publicity, information, of the said drugs and, if need be, their pharmaco-vigilance, batch monitoring, drug withdrawal will be carried out by the withdrawal, as well as storage. manufacturer, or his authorised representative..

The operation is handled either by the holder 26) Medicinal feed importer of the marketing authorization, or for that holder, Any enterprise or organisation or persons by another enterprise or body. including veterinary pharmaceutical establishments authorised to carry out, for

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purposes of sale, free donation or conduct of 34) Risk related to veterinary drugs or clinical trials on the animal, importation, storage, biologies quality control of medicinal feed batches coming Any risk related to the use and handling of a from Non-Community Member States. For those veterinary drug and biologies for human or medicinal feeds subjected to clinical trials, the animal health, or the environment. operations of distribution, monitoring, and if need be, withdrawal, are carried out by the 35) Marketing Authorisation importer or his authorised representative. The approval of certain concentration of chemical and biologic substance(s) in a given 27) Medicinal feed distributor pharmaceutical form under a unique trade or Any enterprise or organism or persons generic name for a specific period and including veterinary pharmaceutical conditions for the purpose of use in animal establishments authorised to engage in the diseases treatment, prevention and control and purchase and storage and distribution of control or for modification of physiological medicinal feed other than those subjected to function(s) or change in behaviour. . clinical.

28) Importation 36) Pharmacovigilance of Veterinary Drugs and biologies The bringing in or entry into the territory of the This relates to the detection, assessment, Community of batches of veterinary drugs or understanding, prevention and communication biologies, from Non-Community Member States of adverse effects, in particular, short and long or Foreign countries to be sold wholesale, to term side effects of drugs and biologies. be donated or to be used in animals..

29) Exportation Article 2 : Scope of Application The shipping away or sending out from the territory of the Community of batches of 1. The present Regulation shall establish veterinary drugs or biologies manufactured community procedures, for the authorization of within these territorial limits or previously surveillance and control of veterinary drugs and imported for sale or exchange. biologicals as well as the establishment of a Regional Committee for Veterinary drugs and 30) Intra-community movement biologicals for assessment of drugs. Exchange or shipping or movement of batches of veterinary drugs or biologies between 2. The provision of these regulations shall apply Community Member States, be those drugs to veterinary drugs and biologicals intended to manufactured in a Member State or imported be put on the market, in the form of from a third country for use or sale.. pharmaceutical products, raw material for veterinary drugs and biologicals as well as 31) Side-Effects medicinal premixes. Any harmful and unwanted reaction, occurring with doses of the drug or biologic normally used 3. The present regulation shall not apply to with animals for the prophylaxis, diagnosis or medicinal feed. However, medicinal feed can treatment of a disease or modification of a only be manufactured from medicinal premixes physiological function. having received an authorization to be put on the market in accordance with Article 10 of this 32) Human Side-effects Regulation. Any harmful and unwanted reaction, occurring with a human being following exposure to a 4. The provisions of the current Regulation shall veterinary drug or biologic. not affect' the competences of Member States authorities in the area of control of importation 33) Severe side-effects and wholesale distribution establishments, Any side-effect leading to death, or is likely to conditions of wholesale distribution and retail endanger life, or provoking a major disability sale of veterinary drugs and biologicals which or significant inability or translates into a (for streamlining purposes) will be the subject congenital abnormality/malformation or which of a Directive. causes permanent or extended symptoms in treated animals.

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5. The setup of the centralized process for the 3. The Regional Committee Secretariat shall marketing of veterinary drug based on scientific prepare regular updates and disseminates the criteria of quality safety and efficiently aimed list of authorized veterinary drugs and at free circulation and movement of veterinary biologicals. drug in ECOWAS. 4. The President of the ECOWAS Commission will CHAPTER 2: decide the composition of the Secretariat ESTABLISHMENT OFTHE REGIONAL COMMITTEE OF VETERINARY DRUGS AND Article 5 : Chairman and Experts of Regional BIOLOGICALS AND ITS PERMANENT Committee SECRETARIAT 1. The Regional Committee shall be led by a Article 3 : Establishment and Functions Chairman who shall be a citizen of the Community and appointed by the ECOWAS 1. A Regional Committee of Veterinary Drugs and Commission for a period of three years, Biologicals (RCVD) called " Regional renewable only once. Committee " is hereby established. The Regional Committee reports to the ECOWAS 2. Experts shall be appointed on an individual Commission; basis, depending on their skills and scientific experience in the evaluation of veterinary drugs 2. A Regional Committee shall be composed by a and/or biologicals. Chairman and 16 experts all of whom shall be nationals of the ECOWAS Community. 3. The expert selection process shall be managed by the ECOWAS Commission. Itshall comprise 3. The Regional Committee shall, at the request an application process which is open at the of the ECOWAS Commission, assess the regional level. The ECOWAS Commission may market authorization files and major request the World Organization for Animal modifications, from the preparation of proposals Health or any other competent body to assist to issue, may refuse or ask for additional in the selection process. The Regional information, may suspend or withdraw Veterinary Committee shall also be called on authorisation to put on the market. It also shall to give an opinion during the expert selection advise on all measures related to pharmaco- process. vigilance. Itshall establish a centralized process of marketing veterinary drugs and biologicals, 4. The experts must present necessary on the basis of scientific criteria of safety and guarantees of competence and moral integrity efficacy and shall target the free movement of and have adequate resources for the veterinary drugs and biological. accomplishment of the expert work.

Article 4 : Permanent Secretariat Article 6: Operation

1. The Regional Committee shall have a 1. When the Regional Committee assesses a permanent secretariat hereinafter called " veterinary drug or biologic, one of its members Regional Committee Secretariat", hosted at the shall be designated to serve as rapporteur and headquarters of the ECOWAS Commission and coordinate the assessment. In this case, one in charge of managing administrative matters. or two additional experts whose names shall be found on the list of experts on veterinary 2. The Regional Committee Secretariat shall also drugs and biologicals (LEMV) mentioned under be tasked with the study of the administrative Article 7 of Regulation, shall be appointed to admissibility of the requests presented following assist rapporteur in his assignment. the centralized process for issuance of an authorization to market veterinary products, 2. The Chairman of the Regional Committee shall modification, renewal, transfer to a new bearer, appoint, after consulting with the members of in accordance with the Chapter 6 of this this Committee, the rapporteur and the Provisions, as well as management of expert(s) who shall work with him for pharmaco-vigilance. development of the assessment report.

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3. The Chairman of the Regional Committee and Article 8 : Remuneration of Members his Secretariat shall ensure that all Committee members in turn to act as rapporteurs. The participation of Regional Committee members in proceedings of the said Committee and expert 4. On proposal of the rapporteur, the Regional services in a plenary session or specific meetings Committee Secretariat, in consultation with the shall entitle them to a fixed rate honorarium Chairman of the Regional Committee, shall determined by the Chairman of the ECOWAS submit the veterinary drug to a laboratory Commission. belonging to the network of laboratories for quality control of veterinary drugs and Article 9 : Incompatibilities biologicals for analysis, or should the case arise a laboratory recognized by the World 1. The composition of the Regional Committee of Organization for Animal Health (OIE). veterinary drugs or biologies shall be officially announced. During the announcement of 5. The Regional Committee shall meet at a individual nominations, the professional frequency defined according to the number of qualifications and relevant experience of each requests deposited at average of four times a member are specified. year. An emergency meeting may be convened by its chairman in consultation with the 2. The members of the Regional Committee and secretariat should the need arise. experts mentioned under Article 7, shall not have vested financial interests or other in the 6. In the course of its deliberations, the Regional pharmaceutical industry, which might call into Committee shall ensure that it reaches a question their impartiality. Any indirect interest scientific consensus agreement. If such related to this industry shall be reported in a consensus cannot be reached, the accepted opinion shall be that of the absolute majority of register held by the Secretariat of the Regional Committee and can be accessed by the public. members. The committee shall include in its report and at the request of the parties, the different positions with their reasons for CHAPTER3: MARKETING differing. No veterinary drug shall be given free of charge, or 7. The Chairman does not vote. for a fee or administered by a veterinarian to an animal if a marketing authorization has not been Article 7 : Experts List issued), except in the case of clinical trials of 1. Member States shall transmit to the ECOWAS veterinary drugs and/or biologicals, approved by the Commission a list of experts with a proven Commission under conditions described by Article experience in the areas of drugs assessment, 23 of this Regulation. immunology, quality, safety and efficacy of veterinary drugs and biologicals by indicating Article 10 : Marketing authorization their qualifications and areas of expertise. 1. Except for medicinal feed, no veterinary drug 2. Such list of experts shall include the laboratory and/or biological shall be put on the market of expert members of the network of quality a Member State for or without charge without control laboratories of veterinary drugs and marketing authorization issued by the ECOWAS biologies. Commission.

3. Such list of experts in veterinary drugs or 2. The medicinal feeds shall be prepared only biologies shall be regularly updated. from medicinal premixes having received marketing authorization in accordance with the 4. The experts shall be called on to intervene in this Regulation ; the assessment of requests for authorization to put on the market or to participate in specific 3. The authorization to put on the market shall be working groups set up by the Regional issued to a natural person or legal entity Committee in agreement with the ECOWAS designated hereinafter as "the holder of the Commission or in order to carry out analyses marketing authorization" for a veterinary drug of veterinary drugs and biologicals. or biologic corresponding to a pharmaceutical

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product or a raw material for veterinary drug 2. If, because of the rarity of indications planned or biologic as defined under Article 1, for a or because of the state of advancement of qualitative and quantitative composition and a scientific knowledge, the demand is not coupled given pharmaceutical form as well as for use with the set of planned justifications, a on one or several animal species.; marketing authorization can be granted, under reserve that the veterinary drug shall be 4. The authorization to put on the market shall be obtained on prescription by a veterinary doctor issued to a holder residing in one of the and administered by the latter. Member States of the Community. If the latter is not residing in one of the States of the Article 12: Mandatory Labellings Community, he shall appoint a local representative in charge of following up on the The marketing authorization shall be coupled with: marketing authorization request and after obtaining it, to follow up on pharmaco-vigilanee, a. A mandatory labelling on the primary management claims, batch monitoring and packaging, the external packaging as well as withdrawal if necessary. on the directions for use, special mentions for the security or for the protection of health, 5. It shall only be granted if the holder shows notably the particular precautions of use and evidence of best practice as follows: other warnings resulting from clinical and pharmacological tests planned underArticle 22, i) He has a manufacturing method and paragraph 3, and under Article 23, paragraph control procedures guaranteeing the 1, or which, after the commercialization, result quality of the drug at the level of the serial from the experience acquired during the use production, of the veterinary drugs and/or biologicals ; He has carried out verification of the pharmaceutical properties and that of b. Issuance of particular prescription rules and safety to animals, humans, and the restricted conditions necessary for animal and environment, human protection;

ii) For those drugs for use in animals c. Technical conditions which shall be observed producing commodities for human by the manufacturer of corresponding consumption, the maximum amount of medicinal feeds, as well as the modalities of residues depending on the active use of such medicinal feeds, which is written substances that they contain and on a medicinal pre-mix. potentially harmful residues for humans in commodities derived from such Article 13 : Rejection or refusal animals is determined, as well as the withdrawal period necessary for obtaining The marketing authorization shall be refused if it them is justified and that he has a method appears: to detect such residues. a. that the application and accompanying file are iii) That he has proceeded to the verification not in line with the contents set under Articles of the effectiveness of the drug in the light 22 or 23., of the claimed therapeutic indications. b. that the veterinary drug or Biologic does not 6. The authorization to put on the market shall be have the qualitative or quantitative composition issued for a period of five years, and renewable claimed, on the terms found under Article 33. c. that it is harmful under the conditions of use Article 11 : Waiver indicated in the application file, d. that the therapeutic effect announced is lacking 1. Any drug which shall be authorized on the market shall be subjected to special monitoring on the intended animal species, given the state of progress of veterinary e. that putting on the market of the veterinary drug scientific knowledge. In this case, the marketing or Biologic is likely to seriously jeopardize authorization is reviewed annually. human or animal health;

82 March 2011 ECOWAS Official Journal Vol. 58 f. that, for drugs intended for use on commodity j. The holder of the marketing authorization producing animals intended for human has not advised the Regional Committee consumption, the withdrawal period indicated about any new information in accordance in the dossier is inadequate to ensure that food with Article 31, paragraph 3 of this commodities derived from the treated animals regulation. would not contain residues at levels likely to be dangerous for consumers, or that it is k. The labels or instructions are not in line with the labelling requirements or inadequately justified., specifications under Articles 36 through 39 of this regulation. g. that the veterinary drug or biologic presented for use is prohibited on ECOWAS territory. 2. The President of the ECOWAS Commission shall withdraw the marketing authorization ifthe Article 14 : Suspension : conditions, motives reasons for suspension are not addressed on the expiration of the deadline. 1. The marketing authorization shall be suspended for maximum period of one month Article 15 : Modification of the marketing by the Chairman of the ECOWAS Commission when it appears that: authorization a. It does not have the required qualitative The President of the ECOWAS Commission, upon or quantitative composition, the advice of the Regional Committee shall modify the marketing authorization, of a veterinary drug and/ b. The controls provided for in the file have or biological in order to limit its contra-indications, not been carried out, the conditions of issuance, modify its dosage, add a c. The veterinary drug or biologic is harmful contra-indication or any other preventive measure in the conditions of use indicated in the when it appears, subsequent to the assessment of dossier of request for authorization to put pharmaco-vigilanee data, that the veterinary drug on the market based on the pharmaco- does not meet the conditions stipulated under Article vigilanee data collected after the 22 of this Regulation. marketing on ECOWAS territory or coming from a third party, Article 16: Modification and information

d. The drug present a risk for human or 1. When the decisions reached on modification, animal health, suspension or withdrawal are justified, the e. For, those drugs intended to be used on channels and appeals deadlines are indicated. animals producing commodities intended Except in case of emergency, the decision is for human consumption, the withdrawal upheld only after the holder of the marketing period indicated is inadequate to ensure authorization has been invited to present his that the food commodities derived from remarks. Such decisions are reported to the the treated animal would not contain holder of the marketing authorization and residues which could present dangers for relevant authorities in the Member States. the health of the consumer, 2. When the authorization is suspended, f. The therapeutic effect claimed is not seen withdrawn or formally modified, the holder shall on the intended animal, immediately notify the stock holders so that the g. The use for which the veterinary drug is latter take all necessary steps to end to the presented is subject to a ban by virtue of distribution of the veterinary drug or biologic other community provisions, concerned. If such steps are not taken within reasonable period compatible with the public h. The documentation and information health interest as defined in the decision, the provided in the application dossier turn Chairman of the ECOWAS Commission shall out to be erroneous, ensure that in conjunction with the relevant authorities of Members States, all appropriate i. The documentation and information measures are taken. provided in the application dossier have not been modified according to Article 31, paragraphs 1 and 2 of this regulation,

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v) For the expert working on the the annex of every report. Should the case documentation on clinical trials: a arise, the professional links with the promoter veterinary doctor degree and a practical shall be reported. experience of no less than five (5) years. Article 23 Characteristics of Veterinary b) According to theirqualification, the experts' role Products shall be as follows: i) Carry out the activities in their discipline The summary characteristics of the product include the following information in the order indicated: (analysis, pharmacology and related experimental sciences, clinical) and a. name of the veterinary drug; objectively describe the results obtained (quantitative and qualitative); b. qualitative and quantitative composition in active substances and components of ii) describe the findings that they made the recipient which must be known for a according to the Standards and Analytical good administration of the drug. Protocols, of safety, preclinical and clinical International generic names trial of veterinary drugs or biologies recommended by the World Health referred to under paragraphs 3 of Article Organization (WHO) are used whenever 22 and notably: such names exist or, if not the common generic names or chemical names are For the analyst, to make a decision used; about the conformity of the drug to the declared composition, and c. pharmaceutical form; justify control methods which will be used by the manufacturer; d. pharmacological properties and, to the extent that such information is useful for For the pharmacologist as well as therapeutic use, pharmaco-kinetic the specialist with adequate skills in elements; toxicology to make a decision on the safety or possible toxicity of the e. Clinical information: drug, its pharmacological i. Target species, properties, degree of tolerance of the drug and the validity of the ii. indications of use, by specifying the withdrawal period; target species,

For the clinician, validate the data iii. contra-indications, dealing with the effectiveness of the iv. side effects (frequency and drug on the animals treated, at the seriousness), recommended dose, on the tolerance of the drug and on the v. special precautions of use, possible contra-indications and vi. usage in case of pregnancy and side-effects. lactation, iii) When there is a reference to the vii. medicinal interactions and others, published scientific literature, experts shall justify resorting to this bibliographic viii. dosage and mode of administration, documentation and shall demonstrate that it meets the requirements of protocols ix. over-dosage (symptoms, found in Annex II, on account notably of emergencies, antidotes should the case arise), the pharmaceutical form and the components of the excipient. x. warnings special to each target species, c) The experts shall present the criteria of competence and guarantees of integrity of xi. withdrawal period, honorability necessary to have adequate xii. particular precautions to be taken resources for conducting the expert works. A by people administering the drug to brief curriculum vitae of the expert is found in animals;

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f. Pharmaceutical information: c) The trial protocol specifying in particular: i. major incompatibilities, i. the type of trial and design, ii. limited duration of use, if necessary ii. the therapeutic indication object of after the drug has been the trial, reconstituted or when the container iii. the dosage of the experimental drug is opened for the first time, and, if necessary, that of the control iii. special storage precautions, drug,

iv. nature and content of container, iv. the length of the treatment, v. special measures to take during v. the number of animals that should eventually be included in the trial elimination of unused medication or wastes, should the need arise; and the principal inclusion criteria; g. name or corporate name and permanent d. For the veterinary drug experimented: address or head office of the holder of i. its name as defined underArticle 25, marketing authorization and those of the paragraph 2 or its code name, local representative as per Article 13, paragraph 2 of this Regulation ii. its pharmaceutical form, iii. its qualitative and quantitative Article 24 : Clinical trials composition by using, if necessary, international designations if any or 1. The promoter who wants to make a trial shall by default, the designations of forward to the ECOWAS Commission within European or French three (3) months a dossier including the pharmacopoeia, following information: iv. the possible presence of a new a) Promoter's identification; active principle, b) the trial context: v. the indication, if known, of chemical classes, pharmacological and title and goal of the trial, clinical that the active principle place or places of the trial, belongs to, identity of investigator(s), their titles, vi. manufacturers' full location address, experiences, and functions, vii. the method of administration, iv. if the latter is distinct from the viii. the intended animals, promoter, identification of the manufacturer of the drug subject to ix. the proposed withdrawal period, if trial and of the placebo or control necessary drug, x. manufacturing and expiry dates v. identification of the importer for xi. the batch number; imported drugs, e. For a reference drug: vi. references for market authorizations obtained in a third country for the i. its name, drug under trial as well as those of ii. its pharmaceutical form, possible decisions to refuse, suspend or withdraw such iii. its qualitative and quantitative authorizations, composition in active principles, vii. the date when it is planned to begin iv. the withdrawal period, if necessary trial and the possible duration of the v. batch number trial; vi. manufacturing and expiry dates;

vii. manufacturer's full location address

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f. For a placebo : Any request for marketing authorization of a veterinary drug or biologic shall include the i. its pharmaceutical form, following information: II. manufacturer's full location address, a) The name of the drug (trade name, iii. its qualitative and quantitative generic name, coupled or not with composition reference pharmacopoeia and chemical formula. iv. batch number b) The qualitative and quantitative v. manufacturing and expiry dates; composition of all components of the g) The synthesis ofthe othertrials conducted veterinary drug or biologic in common previously and referred to under Article terms and with the international generic 22, together with references of the major name recommended by the World Health works used for this synthesis. Organization, if such a name exists, c) The pharmaceutical form, the dosage and 2. The President of the ECOWAS Commission the presentations, after consulting with the Regional Committee may oppose, within a period of three months d) The modes and methods of administration, after reception of the information above, the implementation of this trial by well-founded e) The intended species and the dosage for decision. He advises the promoter about his each of the different animal species for decision and informs the relevant authority of which the veterinary drug or biologic is the Member State where the trial must take intended. place. f) Therapeutic indications, contra indications, and side-effects CHAPTER 4: PROCEDURE ON AUTHORIZATION FOR g) Maximum duration of use, MARKETING h) The withdrawal period shall be indicated for animal species producing commodities Article 25: Marketing Authorization: procedures intended for human consumption; the and, formalities applicant shall propose and justify a level of residues acceptable in food 1. To obtain a marketing authorization for a commodities without any risks for the veterinary drug and biological, a request shall consumer. be made to the ECOWAS Commission together with payment of a fee as per Chapter 8 of this i) The name or the company name and Regulation. address of the applicant, and that of the local representative for imported 2. Such request shall include information indicated veterinary drug or biologic, under paragraph 2 and 3 below as well as the j) The name or company name and address summary of product characteristics (RCP) of manufacturer(s), planned under Article 24 of this Regulation k) The designation of the places of 3. The request, the RCP proposals, branding and manufacture, including packaging and instructions are written in at least two working quality control, languages of ECOWAS. I) Should the need arise, the list of third countries which have granted a marketing 4. In addition, the applicant shall submit to the authorization for this drug or in which an Commission samples of the drug and shall application is being processed. make available samples of raw materials, reference standards and other components, in m) The number and title of volumes of adequate quantities to proceed on to controls documents presented in support of the planned under paragraph 2 of Article 31 of this application including license to Regulation. manufacture, free sale certificate, certificate of analysis of the drug and/or biologicals etc).

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The application shall also be prepared along Article 26: Procedure for granting Marketing with the following information and documents, Authorization presented according to the Standards and Analytical Protocols on quality and safety of 1. Any individual or entity requesting a marketing veterinary drugs or biologies. authorization for a veterinary drug shall submit a file to the Regional Committee. a) Description of the manufacturing method, b) Description of the control methods used 2. The Secretariat of the Regional Committee by the manufacturer (quantitative and shall receive, record the dossier and evaluate qualitative analysis of the components it, in conjunction with the Chairman of the and of the finished product, particular Regional Committee. For purposes of trials, for example sterility and pyrogenic examination of the said dossier, the Chairman tests, research analysis for heavy metals, of the Regional Veterinary Committee stability studies, biological and toxicity designates a rapporteur. tests, control on intermediate products in the manufacturing process. 3. The duration of the procedure for granting the c) The routine analytic methods that can be marketing authorization of a veterinary drug used by the relevant authorities for and/or biological shall not exceed two hundred testing residues, and forty (240) days from the submission of a normal application. d) If need be, the explanations on the precautionary and safety measures 4. After examination of the file and the dossier, during the storage of the drug, its the Regional Committee shall take the following administration to animals and the measures as appropriate: elimination of waste, as well as indication of potential risks that the drug could i. Declares it receivable when the present for the environment, human and conditions under article 22 and Article 23, animal health, and for plants, paragraph 1 are met. Committee then notifies the applicant for the authorization e) The results of trials, namely analytical of the two hundred and forty (240) days trials, safety tests, residue studies, period necessary for the processing of preclinical and clinical trials or the file; effectiveness tests, ii. If the file is deemed incomplete, the f) Expert reports about these documents applicant shall be invited to complete it; and essays, samples of the veterinary drug or biologies as well as instructions iii. If the file does not meet the legal of use, conditions required, it shall be classified g) The copy of administrative authorization as no response to the application and the decisions of manufacturing applicant shall be advised of the decision. establishments issued to the manufacturer of the drug in question, in All these measures shall be contained in the enforcement of the national legislation of expert report. the establishment, and should the need arise a document proving that the Article 27 : Processing of the Application for manufacturer has been inspected by the Marketing Authorization relevant authorities and has been operating in accordance with the To process the marketing authorization application, principles of Best Manufacturing Practices the rapporteur and the Regional Committee experts: in force at the international level, 1. Shall verify the conformity to Article 26 of the h) A copy of any marketing authorization file presented, and examine, based on reports secured for this veterinary drug or produced by experts, in accordance with Article biologic in a third country, as well as a 27, if the conditions of issuance ofthe marketing copy of the instructions proposed in that authorization have been fulfilled; country, the deadlines for any decision to refuse authorization and the reasons for such decision.

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2. Shall subject the veterinary drug, its raw aforementioned shall be submitted with a draft materials, and if necessary, its intermediate proposal to the President of the ECOWAS products or other components and especially Commission, not later than sixty days before those drugs which have no marketing the deadline provided at Article 26. This sixty authorization and control by a laboratory (60) day period includes the consultation of the belonging to the network of quality control Veterinary Committee. laboratories of veterinary drugs and/or biologicals or a laboratory recognised by the 2. The Regional Committee shall keep this World Animal Health Organization, and shall evaluation updated. ensure that the control methods used by the manufacturer and described in the application 3 The President of the ECOWAS Commission file are satisfactory, should the need arise, the makes a decision within two hundred and forty control of the analytical method proposed by (240) days from the date of presentation of a the applicant for testing residues; complete and regular, application which may be extended should the need arise with periods 3. Shall require that the applicant provide necessary for the submission of additional substances in adequate quantities to control the method of analytical detection proposed by elements provided under Article 27, paragraph the applicant, in accordance with Article 24 and 4. Failure to respond by the Chairman of the for the implementation, under routine controls ECOWAS Commission is synonymous with aimed at detecting the presence of residues of refusal to authorize at the expiration of the the veterinary drugs and/or biologicals aforementioned deadline until notification of the concerned; justified decision, which shall be made not later than four (4) months followingthe said deadline. 4. Shall require, should the need arise, that the applicant complete the file as afar as the 4- The Decision shall be reported to the applicant, elements referred to underArticle 24 and Article the veterinary authorities and the authorities 25, paragraph 1, are concerned. When the in charge of livestock, commerce, and customs Regional Committee of veterinary drugs or in the Member States. The decision to issue a biologies takes on this prerogative, the deadline marketing authorization shall be coupled with stipulated under article 29 is suspended until the summary of the characteristics of the the additional data required is submitted. product referred to under Article 25, as Likewise, this deadline is suspended over the approved by the Regional Committee and the time left, should the need arise, to the applicant draft instructions and validated labeling by the to explain his case orally or in writing. said Committee.

Article 28: Verification and Control 5 Decisions on marketing authorizations shall be published in the Official Bulletin of the At the request of the Regional Committee, the Community. ECOWAS Commission shall ensure from the relevant authorities of Member States or third countries that Article 30 : Change of conditions of the manufacturers of veterinary drugs or biologies manufacture and control of veterinary drugs submitted for marketing authorization are capable and/or biologicals of achieving manufacturing and carrying out controls in observance of indications provided in 1. After issuance of a marketing authorization, the implementation of Article 21 and in accordance with holder shall take into account scientific and best manufacturing practices. Itcan also request that technical progress made and shall introduce the relevant authorities allow for an on-the-spot all necessary changes into the methods of inspection or study of the conditions of manufacture manufacture referred to under Article 28 of this and control. Regulation, so that the veterinary drug or Article 29 : Evaluation Report biologic shall be manufactured and controlled according to generally accepted scientific 1. The Regional Committee shall deliberate on the methods. evaluation report prepared by the rapporteur, the summary of product characteristics, the Such modifications are submitted to the instructions and the labeling. This finalized ECOWAS Commission for approval. report and the attached documents

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At the request of the ECOWAS Commission, Applications for minor modifications shall be the holder of the marketing authorization shall directly processed by the Regional Committee also examine all methods of analytical detection Secretariat. No later than fifteen (15) days of residues provided for under Article 22, before the deadline, the Secretariat shall paragraph 3, and shall propose any address a notice and a draft decision to the modification potentially necessary to take into ECOWAS Commission. account scientific and technical progress. An aggrieved applicant may request for a review before the authorities The holder of the marketing authorization shall immediatelyforward to the Regional Committee An aggrieved applicant can appeal before the any new element which could cause a ECOWAS Court of Justice modification of information and documents provided for under Article 23 and Article 24 of For major modifications, when the fileis deemed this Regulation, or of the approved summary valid, the chairman of the Regional Committee of product characteristics. He shall advise the in liaison with the Secretariat shall designate Regional Committee about any prohibition or one of the members of the Regional Committee restriction imposed by the relevant authority of to act as rapporteur and shall ensure or the countries where the veterinary drug or coordinate the evaluation. Should the need biologic iscommercialized and ofany side-effect arise, additional experts belonging to the group on human beings or any serious side-effect on of experts referred to under Article 7 may be treated animals. called on. They shall assist the rapporteur in developing the evaluation report. Article 31 Information of the Regional Committee The Secretariat may request from the applicant any additional information that the Regional 1. The holder of the marketing authorization shall Committee deems necessary, in light of automatically inform the Regional Committee information or items in the file, in order to rule of any modification provided for under Article on the application, by making known the 33 that he has propose to bring to information reasons for his decision. The time planned and documents provided for under Article 24, under paragraph 2 above shall therefore be paragraph 3, and Article 25, paragraph 1. suspended until reception of the items requested. 2. The modifications shall be classified into the following two categories: The Regional Committee shall make a decision on the evaluation report produced by the a. Minor Modifications: Administrative rapporteur, and the modifications to be made modifications and technical modifications should the need arise on the summary of not affectingthe quality, safety, or efficacy product characteristics, instructions and of the veterinary drug or biologic and not labeling. This finalized report and the attached requiring any scientific assessment; documents shall be forwarded with a draft b. Major modifications: technical decision to the President of the ECOWAS modifications affecting the quality, safety Commission, no later than sixty (60) days prior or effectiveness of the veterinary drug than the deadline as per paragraph 3. and requiring a scientific assessment. 10. The President of the ECOWAS Commission 3. A decision of the ECOWAS Commission shall take a decision in a period of sixty (60) specifies the list of minor and major days for the minor modifications and one modifications. hundred and fifty (150) days for the major modifications, from the date of the presentation 4. Modifications concerning information and of a complete and regular modification documents provided for under paragraph 1 application file. shall be authorized beforehand by the ECOWAS Commission. Any request for 11 Failure by the President of the Commission to modification shall be presented and processed reply shall be synonymous with refusal to as per the provision under Article 31 of this authorize modification at the expiration of the Regulation: aforementioned deadlines.

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12. The requests for modification shall be rejected a decision of the President of the ECOWAS on the same grounds as those planned for Commission. under Article 13. 2. The request shall include the name or company 13. The President of the ECOWAS Commission name, and full location address of the applicant, shall inform the applicant and the relevant and should the need arise, those of his local authorities of Member States of his decision. representative, the designation of places of manufacture, including packaging, proposed 14. Any other change shall be subjected to a new label of the product and control and the external request presented under conditions provided and primary packaging materials and, if for under Article (24) and Article (25) in necessary, of instructions It shall also include: paragraph 1 of this Regulation and processed inaccordance with Articles (29)and (30)ofthis a) The agreement of the holder of the Regulation. marketing authorization,

Article 32 : Renewal of marketing authorization b) The commitment of the pharmaceutical of veterinary drugs or biologies officer of the beneficiary enterprise of the transfer or the manufacturing 1. The Application for renewal shall be introduced establishment to submit to the entire set by the holder of the marketing authorization at of requirements for the marketing least three (3) months prior to the date of authorization, and notably, to observe the expiration of the authorization to put on the methods of manufacturing and control. market. The application for renewal shall be sent together with a summary of modifications 3. The request shall be addressed to the Regional authorized since obtaining the initial Committee Secretariat, together with payment authorization or the last renewal or of a of the fee provided for under Chapter 8 of this document certifying that no modification has Regulation. No later than fifteen (15) days prior ever been made in the elements produced to to the end of the deadline, the Secretariat shall support the initial authorization request or the forward a notice and a draft decision to the last request for renewal. ECOWAS Commission.

2. The request shall be addressed to the 4. 4 The President of the ECOWAS Commission ECOWAS Commission, together with the fee shall inform the applicant and the veterinary provided for as per Chapter 8 of this administration of Member States about his Regulation. Processing of the file is provided decision. for under Article 26 of this Regulation and the period for notification of the justified request 5. Failure to reply by the President shall be shall be three months. In a maximum period of deemed to as being authorized at the expiration fifteen (15) days prior to the end ofthis period, the Secretariat of the Regional Veterinary of a three (3) month period with effect from the date of the application. Committee shall forward a notification and a draft decision to the ECOWAS Commission. Article 34 : Manufacturers' Liability 3. The President of the ECOWAS Commission shall advise the applicant and the relevant The marketing authorization shall not violate the authorities of Member States about his decision. common law liabilityof the manufacturer and, should If no decision is notified or if no additional the need arise, of the holder of the marketing justification request is forwarded to the authorization. applicant in a period of three (3) months following reception of his complete and regular request, the authorization shall be considered CHAPTERS: as renewed at the expiration of this deadline. LABELS AND INSTRUCTIONS ON VETERINARY DRUGS AND BIOLOGICALS Article 33: Change of holder by transfer of marketing authorization Article 35: Labelling Requirements

1. Any transfer of the authorization to put on the 1. The labels or printings on containers and market to another holder shall be subjected to external packagings of veterinary drugs or

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biologies shall carry in legible characters the I. Information on conditions of prescription following information, in line withthe information and issuance, if necessary, and documents provided by virtue of Article 23 m. The mention " for veterinary use ", and Article 25, paragraph 1 and shall be approved by the ECOWAS Commission : n. Dosage,

a. The name of the drug or biologic, which o. Dilution, shall bear a trade name or a generic name, together with a brand or the name p. Address of the Manufacturer. of the holder or a scientific designation or formula, together with a brand or the 2. The information provided for under Paragraph 1 shall be written on the external packaging name of the holder. and on the container of the drugs at least in b. If the particular name of a drug or biologic English, French and Portuguese languages containing only one active substance is and eventually in the language or languages a trade name, such name shall be of the country where the drug is put on the associated with, in legible characters, the market. Should the need arise, pictograms international generic name recommended corresponding to essential information about by the World Health Organization, when administration and safe use shall be added. itexists or, by default, the common generic name., Article 36 : Labelling Veterinary Vials c. The qualitative and quantitative 1. When there are vials, the information under composition in active and inactive Article 36, paragraph 1, shall be written on the substances per unit or according to the outside packaging. On the other hand, only the method of administration for a given size following information shall be necessary on and weight, using generic names containers: recommended by the World Health Organization, if they exist or by default, a. The designation of the veterinary drug, the common generic name, b. The quantity of active substances, d. The number of the manufacture batch, c. The method of administration, e. The number of the marketing d. The number of the manufacture batch, authorization, f. The name or the company name and the e. The dates of manufacture and expiration permanent address or the head office of clearly specified, the holder of the marketing authorization f. The mention " for veterinary use ". and, should the need arise, of the local representative, 2. As regards small containers other than vials g. The animal species for which the which contain only a single dose and on which veterinary drug or biologicis intended, the it is impossible to place information provided for under Paragraph 1, the prescriptions of mode and the method of administration. Article 36, Paragraph 1 and 2, are applicable h. The withdrawal period, even if it is equal to only the external packaging. to zero, for those veterinary drugs or biologies administered to animals Article 37: Container characteristics producing animal commodities intended for human consumption, Short of external packaging, all information which, by virtue ofArticles 36 and 37, shall be found on the i. The dates of manufacture and expiration container. clearly specified, j. The particular storage precautions, if Article 38 : Notice of packaging necessary, 1. A notice shall be attached to the packaging of k. The particular precautions for disposal of the veterinary drug or biologic, unless all unused drugs or drug derived wastes, if necessary information by virtue of the present necessary,

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Article can be found on the container and the 4. The other information must be clearly external packaging. The notice shall be only separated from information as per paragraph on the veterinary drug or biologic to which it is 2. attached. CHAPTER6: The notice shall be written at least in French MARKET MONITORING AND SURVEILLANCE or in English and in the official language(s) of Member States. Should the need arise, Article 39: Pharmaco-vigilance pictograms corresponding to essential information in the area of administration and 1. The ECOWAS Commission and Member States safe use can be added. shall take all appropriate steps to encourage notification about presumed side-effects or any The notice shall include at least the following other concerns of veterinary drugs or biologies information, in accordance with information and to ECOWAS by health professionals. documents provided by virtue of Article 24 and Article 25 and approved by the ECOWAS 2. The reports of side-effects or other concerns Commission: shall be addressed to veterinary authorities who shall forward them to the ECOWAS Commission a. Name or company name and permanent which, depending on the urgency of the address or head office of holder of situation and the gravity of side-effects, shall marketing authorization and, should the take appropriate measures after consultation need arise, the local representative. with the Chairman of the Regional Committee. b. Designation and qualitative and The reports of side-effects shall be submitted quantitative composition of veterinary to the Regional Committee. drug and biologicals in active substances. The international generic names 3. The holder of the marketing authorization shall recommended by the World Health have in a permanent and continuing manner Organization (WHO) must be employed at his disposal an individual having the whenever such names exist, appropriate qualifications, in charge of pharmaco-vigilance. This latter individual is c. Therapeutic indications, either the local representative or a person linked by convention to the latter and resides d. contra-indications, side-effects and if any, in one of the Member States. antidotes, to the extent that such information is necessary for the use of 4. This qualified individual shall hold a degree that veterinary drugs or biologies, permits exercise of the veterinary profession e. animal species for which the veterinary in one of the Member States. drug and biologicals is intended, dosage depending on individual species, mode 5. This qualified individual shall be in charge of: and method of administration, indications a) Establishing and managing a system that for a sound administration, if necessary. would ensure that information about all f. Withdrawal period, even if equal to zero, presumed side-effects or other concerns for veterinary drugs or biologies are reported to him or are reported to administered to animals producing importers, shall be collected and processed so as to be accessible upon commodities intended for human consumption; demand by the ECOWAS Commission; b) Guaranteeing that any request stemming g. Special storage precautions, if necessary, from the ECOWAS Commission and h. Information on conditions of prescription aimed at obtaining necessary additional and delivery, if necessary, information for assessment of risks and benefits of a veterinary drug or biologic, i. Special precautions for disposal of shall find a complete and rapid response, unused drugs or wastes derived from including the volume of sales for the veterinary drugs or biologies, ifnecessary. veterinary drug or biologic involved;

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c) Providing the ECOWAS Commission with network of quality control or any other certified any other information of interest for laboratory samples of a batch of imported veterinary assessing the risks and benefits of a drugs and biologicals during the first importation after veterinary drug or biologic. marketing authorization or when he suspects that there is a quality or public health problem on a batch Article 40 : Keeping reports on the side-effects of drugs. and other concerns of veterinary drugs or biologies Article 43 : Enforcement of Inspection

1. The holder of the marketing authorization or The ECOWAS Commission shall mandate one or his local representative shall keep detailed several inspectors of the Member States to carry out reports on all presumed side-effects and other inspections deemed necessary on or outside concerns which occurred within the Community. Community territory.

2. The holder of the marketing authorization or CHAPTER 8: his local representative shall record any serious FEES side-effect or side-effect on humans associated with the use of the veterinary drugs or biologies, Article 44 : Determination of fees that he is reasonably supposed to be knowledgeable about or which was brought to There shall be within the Community, fees to be his attention, and shall immediately advise collected against services provided for obtaining and veterinary authorities, no later than fifteen (15) maintaining marketing authorizations (MA) of calendar days following his/her communication. veterinary drugs and biologies, as well as for other services provided in that framework. 3. The books established shall be kept on the territory of the Community, at least five years Article 45 : Fees for the marketing authorization and shall be made available to the relevant of a veterinary drug and biologies authorities of the Community, on request. 1 Basic fee Article 41 : Suspension, Withdrawal or A basic fee shall be collected for an Cancellation of Marketing Authorization application for marketing authorization of a drug, together witha complete file. Such 1. After the assessment of data on veterinary fee shall cover both dosage and pharmaco-vigilance, if the Regional Committee pharmaceutical form. considers that the marketing authorization must be suspended, withdrawn or modifiedto reduce This fee shall be raised by 10 % for each indications or availability, modify dosage, add additional dosage and/or pharmaceutical a contra-indication or a new preventive form when they are presented measure, he shall immediately advice the simultaneously with the complete ECOWAS Commission to that effect. authorization request. Such increase shall cover any additional dosage and/or 2. In case of emergency, the ECOWAS pharmaceutical form. Commission shall suspend the marketing This shall be regardless of the number of authorization of a veterinary drug in accordance with the modalities provided for under Article species and/or each indication. 17 of this Regulation. Reduced fee CHAPTER 7: A 50% reduction shall apply to marketing CONTROL OF VETERINARY DRUGS authorization requests for a drug which AND BIOLOGICALS does not require presentation of a complete file, in accordance with the Article 42 : Control of Veterinary Products by provisions of Regulation establishing the Commission community processes for marketing authorization and observation of The ECOWAS Commission shall submit for a formal veterinary drugs and instituting a control by a laboratory of the regional laboratory Regional Committee of Veterinary Drugs.

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This fee shall cover both dosage and Article 48: Fees for transfer of a marketing pharmaceutical form of this drug. authorization This fee shall be raised by 10% for each A fee corresponding to 5% of the basic fee shall be additional dosage and/or pharmaceutical collected in the course of the transfer of the form when they are presented marketing authorization to a new holder. simultaneously with the reduced authorization request. Such increase Article 49: Inspection fees shall cover additional dosage and/or pharmaceutical form. A fixed amount shall be collected for any inspection C. This shall be regardless of the number of carried out on community territory or outside the species and/or each indication. Community. For those inspections carried out outside the Community, travel fees shall be charged in Article 46: Fees for modification of a marketing addition to the actual cost. authorization Article 50 : Modalities for assessing fees 1. Fees for extension of a marketing authorization a. The respective amounts of the different A fee corresponding to 25% of the basic fee fees shall be determined in ECOWAS shall be collected for each extension of a chosen Unit of Account, according to the marketing authorization already granted when present Regulation and of which it is part the latter covers a new dosage or a new and parcel. pharmaceutical form or a new species or a new indication or a new mode of administration b. The amount of the fees can be modified which do not appear on the initial file. on decision ofthe ECOWAS Commission. Article 51 : Modalities of handling fees 2. Fees for minor modifications Afee corresponding to 5% ofthe basic fee shall a. Fees collected as per the marketing be collected in case of minor modification of authorization procedure shall fund the the marketing authorization. operations of the centralized system and In case of identical modification concerning support the national structures involved several marketing authorizations on a single in the control of veterinary drugs and holder, the fee shall cover all such biologicals. authorizations. b. The ECOWAS Commission shall define 3. Fees for major modifications the modalities of collection and A fee corresponding to 30% of the basic fee management of the fees, in accordance shall be collected in case of major modification with the ECOWAS financial regulation. of the marketing authorization. Article 52 : Transitional arrangements on Fees In case of identical modification, concerning several marketing authorizations on a single A 50% reduced fee shall be collected on the holder, the fee shall cover all such Marketing Authorization applications filed as per the authorizations. transitional arrangements of the ECOWAS Regulation setting up community processes for Article 47: Fees for renewal of a marketing marketing authorization, monitoring of veterinary authorization drugs and establishment of a regional committee of veterinary drugs; A fee corresponding to 50% of the basic fee shall be collectedforthe renewal ofa marketingauthorization of a drug. It shall be collected for examination for renewal of a dossier for 5 years for marketing authorization of a drug and/or biological.

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CHAPTER9: a. The goals to be reached in the area of NETWORK OF LABORATORIES FOR QUALITY control of the quality of veterinary drugs; CONTROL OF VETERINARY DRUGS AND b. The modalities of such control; BIOLOGICALS c. ECOWAS' obligations toward this Article 53: Establishment of a Network of laboratory in the area of technical and Laboratories financial support;

1. There shall be established a Network of d. The obligations of the line authority of this Laboratories charged with the task of quality laboratory in the area of technical and control of veterinary drugs and biologicals in financial support and the financial the ECOWAS territory. management conditions which help itfulfill its responsibilities. 2. The laboratories which are members of the network shall be designated by the ECOWAS Article 56 : Conditions to be fulfilled by the Commission, after consulting with the Regional laboratories of the network Committee. Each laboratory in the network shall comply with the following conditions: Article 54 : Goals of the Network 1. Maintain the best possible level of its scientific The goal ofthe network of qualitycontrol laboratories and technical expertise in the area of quality of veterinary drugs shall be : control of veterinary drugs ; 1. To bring to Member States technical support in 2. Regularly update the analytical methods used the area of control of the quality of by integrating progress in the knowledge pharmaceutical products and vaccines ; achieved in this area;

2. To build capacities of member laboratories by: 3. Implement a continuing education plan for its scientific and technical staff so as to ensure: a. Promoting their technical cooperation; a. Maximization of the use of analytic b. Facilitating their access to new analytical devices; techniques; b. The quality of obtained results; c. Improving the continuing education of their staff; c. The capacity of the laboratory to integrate achievements in scientific d. Speeding- up the quality assurance for their activities; d. Knowledge into the area of quality control of veterinary drugs; e. Providing additional funding as the need arises ; 4. Contribution to the development of the necessary cooperation with other laboratories f. Accord Reference laboratory status in the network through its involvement in: where necessary a. Information exchange over analytical Article 55 Modalities of establishment of the methods; network b. Harmonization of such methods; 1. The laboratories identified shall confirm, in c. Organisation of training events; writing, their interest in being members of this network. d. Setting up circular tests if the laboratory is designated reference 2. The ECOWAS Commission, in consultation with e. Laboratory in a particular area ; the Member States, shall approve which of the identified laboratory shall be in the network. 5. Development of contacts and technical The identified laboratories shall operate in the cooperation with other laboratories working in following areas: the same domain;

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6. Improvement, particularly thanks to the The Commission shall designate within this internet, of access to the relevant bibliography network a reference laboratory for each group in light of control of the quality of veterinary of drugs, which shall be tasked with: drugs; a. Codifying the control methods; 7. Quality assurance of its control activities. Such b. Assuring the training of staff from other quality assurance condition and obtaining from laboratories on these methods ; an internationally recognized body the accreditation which must ensue, will be c. Organize inter-comparison tests to ensure programmed based on a timeline adapted to adequate control over these methods by the situation of the laboratory as of the date of the network's laboratories. its integration in the network; Article 59 : Collecting samples 8. The implementation of the annual work plan decided by the ECOWAS Commission; 1. The samples to be analyzed by the laboratories in the network shall be collected by inspectors 9. Observance of the timeline planned for giving designated to that effect by the authorities in test results. charge of veterinary pharmacy in Member States. Such conditions will be recorded in a 2. Such samples, being collected for public health specifications book developed by the ECOWAS protection purposes, shall not be entitled to Commission. payment of allocations by ECOWAS to economic operators in whose places such Article 57 : Modalities of network management samples would have been collected.

1. The network shall be placed under the Article 60 : Technical and financial support responsibility of the ECOWAS Commission which manages it with the assistance of the 1. The laboratories participating in the activities Regional Committee on Veterinary Drugs of quality control of veterinary drugs in the established by Regulation establishing network shall, if need be, and to the extent of community processes for marketing available resources, receive ECOWAS support authorization and monitoring of veterinary in terms of: drugs. a. Their scientific and technical equipments; 2. The goals and the annual work plans of the b. The training of their staff; network shall be defined by the ECOWAS Commission on proposal of the Regional c. The quality assurance for their activities. Committee in consultation with the laboratories of the network. 2. The pricing of the qualitycontrols of veterinary drugs shall be streamlined and fixed by 3. The coordination of annual program of the ImplementingRegulation through the ECOWAS network shall be undertaken by the Regional Commission. Committee Secretariaton Veterinary Drugs with the support of reference laboratories. CHAPTER 10: TRANSITIONAL ARRANGEMENTS Article 58: Organization of network activities Article 61 : Implementation 1. The Commission, on proposal of the Regional Committee, shall developthe annual work plan 1. The Commission has a period of one year, from entry into force of the Regulation, for setting for the network. up the centralized system of putting veterinary drugs and/or biologicals on the market. 2. It shall define the modalities of the activities in the network with the assistance ofthe Regional 2. During this period, the applicable procedures Veterinary Committee and the network in Community Member States, to requests for laboratories. marketing authorization of the said drugs and biologicals, remain in force.

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3. Likewise, the drugs and/or biologicals which are Article 63: Final Provision regularly marketed in one of the Member States of the Community, according to the regulation This Regulation, which goes into effect from the date in force in that State, shall continue to be put of signing, shall be published in the Community's on the market, if the following conditions are Official Bulletin. met: Article 64: a. The holder of a national authorization shall declare within the twelve (12) months This Regulation shall be published by the ECOWAS following publication of this Regulation Commission in the Official Journal of the Economic that he markets these drugs and shall Community of West African States within thirty (30) pledge to turn in a standard file with the days of its signature by the Chairman of the Council. ECOWAS Commission no later than two It shall also be published by each Member State in (2) years after the date of entry into its National Gazette within thirty (30) days after application of this Regulation; notification by the Commission. b. The national authorization referred to above shall be found on a list provided to DONE ATABUJ A, the ECOWAS Commission by each THIS 26TH DAY OF NOVEMBER, 2010 member State within a period of three (3) months following publication of this Regulation.

4. The commercialization shall continue in the Member State until the ECOWAS Commission f (Mlsi/h. rules on the request. H.E. H. Odein AJUMOGOBIA, SAN CHAIRMAN 5. The processing deadlines provided for under FOR COUNCIL Article 30 shall not apply to the processing of those files deposited under the transitional arrangements of this Article.

6. At the end of the two (2) year period, referred to under paragraph 2 of this Article, failure to submit a file shall lead to cancellation of authorizations and putting an end to commercialization, without prejudice to penalties applicable in the case, in each Member State.

Article 62: Miscellaneous

1. One year after the entry into force of this Regulation, the Commission shall submit to the Council of Ministers a report on the state of application of the measures as per Article 49 of this Regulation.

2. This report shall specify in particular the details about the processing of requests introduced by the holders of national authorization for obtaining centralized marketing authorization.

3. On proposal of the Commission, the Council of Ministers shall adopt, if the need arose, any community action necessary to complete this Regulation.

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REGULATION C/REG.23/11/10 ON THE safety of animal products, veterinary pharmacy, zoo ESTABLISHMENT AND MODALITIES OF noses and the veterinary profession, in orderto meet OPERATION OF A REGIONAL VETERINARY the Community's livestock goals; COMMITTEE WITHIN ECOWAS DETERMINED to establish a Regional Veterinary Committee in the ECOWAS region to address all THE COUNCIL OF MINISTERS veterinary issues related to animal health and institute cooperation between Member States; MINDFUL of Articles 10, 11, and 12 of the Revised ECOWAS Treaty as amended on the creation of the ON THE RECOMMENDATION of the Meeting of Council of Ministers and defining its composition and ECOWAS Agriculture and Livestock Ministers which functions; was held on 24 February 2010 at Abuja.

MINDFUL ofArticle 25 ofthe Revised ECOWAS Treaty ENACTS on Agricultural Development and Food Security and prescribing that Member States pledge to cooperate CHAPTER I: GENERAL PROVISIONS in the area of the protection of plant and animal species, the strengthening of existing institutions in Article 1: Establishment the management of natural disasters and the control of animal and plant diseases; It is hereby established in the Community, an advisory technical committee called ECOWAS MINDFUL of Decision A/DEC 11/01/05 on the Regional Veterinary Committee hereafter referred to adoption of the ECOWASAgricultural Policy; as 'The Committee" Which is under the authority of the ECOWAS Commission and governed by the MINDFUL of Decision C/DEC/.1/5/81 on the provisions of the this Regulation and subsequent components ofthe fightagainst hunger, multiplication rules pertaining to veterinary matters. of certain varieties of plant and animal species, funding of research programs and projects for Article 2: Functions agricultural production, storage and treatment of agricultural products; 1. The Committee shall provide technical advice over all community issues and interests in the MINDFUL of Decision A/DEC. 5/10/98 of the areas of health and well-being of aquatic and Conference of Head of States and Government on terrestrial animals, the health safety of animal transhumance within the ECOWAS region; feed, food safely Issues, veterinary pharmacy, zoonoses and the veterinary profession. MINDFUL of the Additional Act A/SA.12/01/07 on establishment of a sub-regional mechanism of 2. The Committee shall assist the ECOWAS Coordination of the Prevention and Response Commission, by providing technical advice and against Avian Influenza in West Africa; recommendations in the development of community legislation and harmonization of RECALLING the WTO SPS Agreements (Marrakech legislations in the aforementioned areas. Agreement) on animal and plant health as well as food safety items; CHAPTER 2: MEMBERSHIP AND OPERATION

CONSIDERING that transhumance is a livestock Article 3: Membership production system which affects pastoral resources and increased cattle production within the ECOWAS 1. The Committee shall be composed as follows: Region but it constitutes, however, a source of numerous health related problems; a. The Chief Veterinary Services as per recommendations of the World NOTING that the handling of the issue of veterinary Organization of Animal Health (OIE), of drugs within the ECOWAS regionis not homogenous; each individual Member States of the Community; CONVINCED on the necessity to harmonize b. The Chairmen of the Regional Committee legislations and regulations in the area of health and of Veterinary Drugs, zoosanitary well-being of aquatic and terrestrial animals, food legislation, veterinary bodies and

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associations, food safety, instituted by 2. By the same enforcement regulation, the Regulation C/REG...06/10 about ECOWAS Commission shall set up an indicative Community procedures of management list of observers authorized to participate in of veterinary drugs; sessions of the Committee. c. The Chairman of the Regional Phyto- 3. The provision(s) of this Regulation may be sanitary Committee modified by the Council of Ministers of the Community, on the recommendation by the 2. Depending on the subjects to be addressed, Commission, upon the advice of the Committee designated ECOWAS Commission Observers shall participate in sessions of the Committee. This Regulation shall go into force from the date of signing and shall within thirty (30) days be published 3. The Chairmanship of the Committee shall be In the Official Bulletin of the Community. the Chief Veterinary Officer of the State which holds the Chairmanship of the Heads of State DONE ATABUJA, and Government of ECOWAS. THIS 26TH DAY OF NOVEMBER, 2010 Article 4: Operation

1. The meetings of the Committee shall be convened by the ECOWAS Commission in consultation with the President of the Committee determines its agenda. iU^h. H.E. H. Odein AJUMOGOBIA, SAN CHAIRMAN 2. Such meetings shall be convened on the FOR COUNCIL initiative of the ECOWAS Commission or at the request of member States.

3. The Committee shall meet at least once a year. The ECOWAS Commission shall provide the Secretariat of the Committee and for the organization of its meetings.

4. The Committee shall adopt its rules, and shall determine the modalities of operation and holding of its meetings.

5. The rules shall be transmitted to the Commission for publication in the Official Bulletin of the Community.

6. The advisory opinions and recommendations of the Committee shall be transmitted to the ECOWAS Commission.

Article 5: Miscellaneous and Final Provisions

1. The ECOWAS Commission shall set by way of enforcement regulation, immediately upon signing the this regulation, together with the relevant authorities of Member States, to prepare the listofsubjects, issues, and aspects of areas listed under Article 2 and requiring a consultation of the Committee.

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REGULATION C/REG24/11/10 ON THE GUIDING ENACTS PRINCIPLES ON THE OPERATION OF THE NATIONAL UNITS Article 1: OBJECTIVE

This Regulation shall ensure the harmonisation of THE COUNCIL OF MINISTERS, the structure, role and operation of ECOWAS National Units in ECOWAS Member States with a view to MINDFUL of Articles 10, 11 and 12 of the ECOWAS effectively contributing to the promotion of regional Treaty establishing the Council of Ministers and Integration. defining Its composition and functions; Article 2: ESTABLISHMENT AND MANDATE MINDFUL of Decision A/DEC 3/12/90 Upgrading the Status of ECOWAS National Units in the Member 1. In accordance with the relevant ECOWAS States; Decisions, each Member State of the Community shall create a National Unit in MINDFUL of Decision A/DEC 5/01/05 dated 19 charge of coordination and monitoring of January 2005 establishing National Focal Points for ECOWAS activities. ECOWAS/NEPAD Programmes; 2. The National Units shall have the responsibility MINDFUL of Regulation C/REG.4/06/05 on the of coordinating and ensuring the monitoring of mission, role and functions of ECOWAS National ECOWAS programmes in Member Slates, Units; under the supervision of the Minister responsible for ECOWAS Affairs. MINDFUL of Recommendation C/REC.1/11/82 relating to the establishment within each Member Article 3: COMPOSITION State of a National Unit responsible for the coordination and monitoring of ECOWAS activities; 1. To ensure the implementation of its mandate, the National Unitshall be composed of at least:

CONSIDERING the key role of National Units in the A National Head of the Unit with the rank implementation of ECOWAS programmes and inthe of Director, conduct of the regional integration process in Member States; A Deputy Head, Two officers in charge of sectoral CONVINCED ofthe need to strengthen the National Units which add value to the Community for the programmes, attainment of all ECOWAS of people through its One Communication Officer: various components; One Documentation Officer; CONSIDERING the need to harmonise the structure, One Accountant, operation and procedures of National Units towards greater efficiency; One Bilingual Secretary.

RECALLING that, in order to play their full role and Article 4: MISSIONS AND FUNCTIONS perform the tasks assigned to them by ECOWAS, it is necessary to make the national units operational 1. The National Unit shall be the entry point of as administrative structures with a simplified, flexible, ECOWAS activities in Member States. efficient and affordable management; 2. To this end, it shall be responsible for: DESIROUS to adopt the guiding principles of the operation of the ECOWAS National Units based on a) Serving as the focal point between the a minimum structure and on effective rules and ECOWAS Commission and Member State Procedures; on all ECOWAS activities; b) Serving as the intermediary between ON THE RECOMMENDATION of the meeting of ECOWAS and sectoral departments and ECOWAS National Units which was held in Kaduna all other stakeholders involved in the on 2nd and 3rd November 2010. integration process of Member State;

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c) Facilitating the organization of meetings 3. The National Consultative Committee shall and implementation of activities of serve as the forum for the exchange of ECOWAS Institutions within the Member Information and assessment of the status of state; implementation of programmes. The Committee shall also make recommendations regarding d) Coordinating the implementation, the challenges to be tackled in the monitoring and evaluation of regional implementation of programmes. integration programmes in Member States; 4. Regular consultations shall be organized e) Coordinating the mobilization and between National Units and sectoral Focal organization of actors involved in the Points to ensure effective collaboration and integration process at the national level enhance coordination within the context of and contributing necessary technical Implementation of integration programmes support towards the implementation of ECOWAS activities; Article 6: FUNDING AND FINANCIAL MANAGEMENT f) Promoting the visibility of ECOWAS programmes inthe Member State through 1. In order to ensure the sustainability and communication activities; effective operation of the National Unit, the g) Facilitating the participation of actors retained 4.5% of the proceeds of the involved in activities organised by Community levy of Member States shall be ECOWAS in Member States; allocated to the National Unit for funding its activities and regional integration activities h) Promoting the participation of the private undertaken within the Member State; sector and civil society and other stakeholders in regional Integration 2. The said retained funds constitute public activities; resources of the Community and shall be lodged in an account opened in the name of i) Participating in the decision-making the National Unit with two signatories, one of process on ECOWAS matters at the whom shall be the Head of the National Unit. appropriate level; j) Preparing and presenting on a regular 3. The Ministerincharge of ECOWAS Affairs shall basis reports on the status of approve a costed annual programme of implementation of ECOWAS Integration activities prepared by the National Unit. programmes and ECOWAS activities; 4. The National Unit shall prepare a bi-annual k) Ensuring that ECOWAS Acts and report on how the retained funds were used to Decisions are published in the National the ECOWAS Commission. Gazette of the Member State; I) Ensuring that the Member State honours 5. Where so required, the ECOWAS Commission itsobligations to the Community, including shall request all audit of the Community levy the application of the Community levy. account operated by the National Unit.

Article 5: NATIONAL CONSULTATIVE COMMITTEE Article 7: HORIZONTAL RELATIONS AMONG THE NATIONAL UNITS 1. A National Consultative Committee made up of the National Unit,Sectoral Focal Points, Private The National Units shall take necessary measures Sector, Civil Society and all actors involved in to promote regular cooperation amongstthemselves the regional integration process is hereby at the bilateral, zonal and regional levels in ail their created. areas of activities.

2. The National Consultative Committee shall Article 8: GENERAL PROVISIONS meet at least once in three (3) Months under the chairmanship of the Minister in Charge of This Regulation shall supersede all contrary ECOWAS Affairs or his/her representative. provisions of any previous Regulation or Decision.

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Article 9: FINAL PROVISIONS REGULATION C/REG.25/11/2010 ONTHE UPWARD REVIEW OF FEES FOR THE EXTERNAL AUDITOR This Regulation shall be published by the ECOWAS FOR THE 2009/2010 ACCOUNTING YEAR OF Commission in the Official Journal of the Economic ECOWAS INSTITUTIONS Community of West African States within thirty (30) days of its signature by the Chairman of the Council of Ministers. It shall also be published by each THE COUNCIL OF MINISTERS, Member state in its National Gazette withinthirty(30) days after notification by the Commission. MINDFUL of Articles 10,11 and 12 of the ECOWAS Treaty as amended in February 2010 establishing DONE ATABUJ A, the Council of Ministers and defining its composition THIS 26TH DAY OF NOVEMBER, 2010 and functions;

MINDFUL of the provisions of Article 69 of the ECOWAS Revised Treaty relating to the budgets of Community institution;

iLfA^h. MINDFUL of the provisions of Article 72 of the said H.E. H. Odein AJUMOGOBIA, SAN Revised ECOWAS Treaty relating to the Community CHAIRMAN Levy; FOR COUNCIL MINDFUL of the provisions of Article 74 of the said ECOWAS Revised Treaty relating to the Financial Regulations and Manual of Accounting Procedures of Community institutions;

MINDFUL of provisions of Article 75 of the Revised ECOWAS Treaty relating to the appointment of External Auditors;

MINDFUL ofDecision A/DEC.15/01/05 relating tothe establishment of an ECOWAS Audit Committee and the adoption of its Terms of Reference;

CONSIDERING that the appointment of an External Auditor is in line with the requirements for monitoring the compliance of the accounting activities of Community Institutions and Agencies with the Financial Regulations and Manual of Accounting Procedures of Community Institutions;

CONSCIOUS of the fact that sound budgetary and financial management of Community funds is likely to produce significant results in achieving the objectives of regional integration;

NOTING that the appointed External Auditor Deloitte and Touch Cote d'lvoire has diligently carried out its assignment which was increased due to additional services requested by the Community;

CONSIDERING thatthese additional servicesrequire an upward review of the previous contractual agreement;

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ON THE RECOMMENDATION of the seventeenth REGULATION C/REG26/11/10 ADOPTING NEW Meeting of the Audit Committee which held in Abuja MEASURES FOR IMPROVING THE from 22 to 24 November 2010; ADMINISTRATIVEAND FINANCIAL MANAGEMENT OF COMMUNITY INSTITUTIONS ENACTS

Article 1: THE COUNCIL OF MINISTERS,

The lump sum of contractual fees to be paid to the MINDFUL of Articles 10, 11 and 12 of the ECOWAS External Auditor for the audit of the 2009 and 2010 Treaty as amended in June 2006 establishing the accounts of ECOWAS Institutions and Agencies shall Council of Ministers and defining its composition and be Three Hundred and Twenty Thousand US Dollars functions; (USD 320 000). MINDFUL of Decision A/DEC.4/12/01 restoring the This shall be the only amount payable to the External position of Financial Controller of Community Auditor. Institutions;

Article 2: Entry into force MINDFULof Decision A/DEC. 15/01/06 relating to the establishment of an ECOWAS Audit Committee and This Regulation shall enter into force upon its adoption of its mandate and terms of reference; signature bythe Chairman ofthe Council ofMinisters. MINDFUL of Regulation C/REG.15/12/06 adopting Articcle 3: Publication the internal audit charter;

This Regulation shall be published by the CONSIDERING that the transformation of the Commission in the Official Journal of the Community Executive Secretariat into a Commission as well as within thirty (30) days after its signature by the the restructuring of other Community Institutionswas Chairman of the Council of Ministers. It shall also be aimed at improving their performances and adapting published by each Member State in its Official to International standard; Gazette thirty (30) days after its notification of the Regulation by the Commission. CONSIDERING the need for Community Institutions to initiate, facilitate and monitor the implementation DONE ATABUJA, of operational activities which will contribute to THIS 26TH DAY OF NOVEMBER, 2010 accelerating the regional integration process;

CONSCIOUS that the direction, management and effective monitoring of the administrative, financial and accounting activities of Community Institutions contribute in ensuring their effective functioning; {UiMA-i NOTING that in spite of the improvements recorded, H.E. H. Odein AJUMOGOBIA, SAN efforts still need to be made by all Community CHAIRMAN institutions in their various fields of activity in order FOR COUNCIL to enhance their performance;

DESIROUS ofseeing these Institutions redoubletheir effortswith the viewto improving their administrative and financial performances;

ON THE RECOMMENDATION of the Financial Controllerof Community Institutions during the sixty- fifth ordinary session of the Council of Ministers held inAbuja from 25 to 26 November 2010 and the 17th Audit Committee meeting held in Abuja from 22 to 24 November 2010;

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ENACTS 5. comply with the provisions of the ECOWAS manual of procedures. ARTICLE 1: 6. carry out monthly reconciliations between the The President of the Commission shall put in place donor bank accounts lodged atthe Commission instruments of delegation of powers to all Heads of and the corresponding entries in the debt Institutions and competent officials of the Commission accounts as well as between the account so as to facilitate the smooth running of operations balances of accounts receivable and their and implementation of activities. corresponding entries in the books of the community levy. ARTICLE 2: 7. complete the Inventory of fixed assets no later 1. The ECOWAS Commission shall carry out a than 30 January 2011. comprehensive assessment of capacity needs for the management of the community levy 8. finalise the list of approved suppliers no later placed under the Finance Directorate than 31 March 2011.

2. The Community Levy Management Unit shall 9. comply with Article 35 of the Staff Regulations be properly restructured for more effective and relating to the payment of separation efficient community levy management allowances to statutory appointees.

ARTICLE 3: 10. comply with the provisions of Article 60 of the Financial Regulations on the use of cheques. The ECOWAS Commission Shall submit to Council for approval, the recommendations from the 11. provide the External Auditor with information on stakeholder's workshop on the community levy, its cash flow situation before the commencement regarding: ofthe audit of its accounts whichshall form part a) amendments to the texts governing of the financial statements. community levy; 12. configure the accounting software being used a) adoption of harmonised procedures for so as to facilitate the financial re-evaluation of liquidation, collection and payment of the operations of Institutions in UAfor the 2010 community levy proceeds; financial year. c) guidelines relating to the use and 13. codify its fixed assets based on the class of management of grants to National Units, asset, date of acquisition and allocation in ARTICLE 4: indelible inkand ina clearlyvisiblemanner after a comprehensive inventory. The ECOWAS Commission shall: 14. transfer payroll management from the Finance Directorate to the Human Resources 1. finalise and share with theAudit Committee the Directorate in conformity with the principle of policies governing human resources Including separation of functions. a manual of recruitment no later than 31 March 2011. ARTICLE 5

2. carry out an inventory ofallfixed assets no later An evaluation of the operations and activities of than 10 December 2010 and submit same to Agencies and Offices outside the Commission shall the next meeting of the Committee. be made to enable the Council of Ministers giveclear directives for the future. 3. conduct a financial valuation of all its physical assets (old and new) no later than 31 March ARTICLE 6 2011.

The ECOWAS Court of Justice shall: 4. configure the accounting software so that no entry can be made after the accounts have reconcile the community levy contribution been closed for the accounting year. arrears entered in its books with those

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entered in the books of the Community REGULATION C/REG. 27/11/10 ADOPTING THE Levy Management Unit no later than 31 2009 AUDITED FINANCIAL STATEMENTS OFTHE March 2011 and provide explanations on ECOWAS COMMISSION possible discrepancies;

undertake monthly reconciliation of the THE COUNCIL OF MINISTERS, community levy contribution entered in its books with the figures entered In the MINDFUL of Articles 10, 11 and 12 of the ECOWAS books of the Community Levy Treaty as amended establishing the Council of Management Unit. Ministers and defining its composition and functions;

ARTICLE 7 MINDFUL of Article 75 of the Treaty appointing the External Auditors of the ECOWAS Institutions; The Secretariat of Parliament shall enforce rigorous planning and timely reporting on Parliament MINDFUL of the Financial Regulations and Manual expenditure during sessions and other missions in of Accounting Procedures of the Institutions of order to ensure better control and more effective ECOWAS, as amended by Regulation C/REG 2/12/ management of financial resources. 95;

ARTICLE 8 MINDFUL of Decision A/DEC.19/01/06 appointing the firm «Deloitte and Touche, Cote d'lvoire» as the Capacity building for the Monitoring and Evaluation External Auditors of the Community Institutions; Units ofWAHO, GlABA and the ECOWAS Commission shall be carried out in order to ensure that the results MINDFUL of the contract between ECOWAS and the andobjectives set In thework programmes for periods firm, «Deloitte et Touche, Cote d'lvoire,» signed on are achieved 1 April 2006 relating to the conditions under which the services of the External Auditors of the ARTICLE 9 Community Institutions shall be provided;

The ECOWAS Commission Shall take steps to AFTER CONSIDERING the reportofthe firm, "Deloitle improve its system for managing travels. and Touche Cote d'lvoire" on the 2009 financial statements of the ECOWAS Commission; ARTICLE 10 ON THE RECOMMENDATION of the Seventeenth This Regulation shall be published by tile meeting ofthe Audit Committee, held in Abuja from Commissioninthe Official Journal of the Community 22nd to 24th November 2010; within thirty (30) days after its signature by the Chairman of the Council of Ministers. Itshall also be ENACTS published by each Member State in its Official Gazette thirty (30) days after its notification of the ARTICLE 1: Regulation by the Commission. The audited financial statements of the ECOWAS DONE ATABUJA, Commission for 2009 is hereby adopted. THIS 26TH DAY OF NOVEMBER, 2010 ARTICLE 2:

This Regulation shall be published in tile Official Journal of the Community by the ECOWAS Commission within thirty (30) days of its signature i.LLi^h. by the Chairman ofthe Council of Ministers, It shall H.E. H. Odein AJUMOGOBIA, SAN also be published within the same timeframe each CHAIRMAN Member State in its Official Gazette. FOR COUNCIL

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DONEATABUJA, MINDFUL of the contract between ECOWAS and the THIS 26TH DAY OF NOVEMBER, 2010 firm, «Deloitte and Touche, Cote d'lvoire», signed on 1 April 2006 relating to the conditions under which the services of the External Auditors of the Community Institutions shall be provided;

AFTER CONSIDERING the report of the firm, i.UAAzvpl «Deloitte and Touche, Cote d'lvoire», on the 2009 H.E. H. Odein AJUMOGOBIA, SAN financial statements of the ECOWAS Parliament; CHAIRMAN FOR COUNCIL ON THE RECOMMENDATION of the Seventeenth meeting of the Audit Committee, held in Abuja from 22nd to 24th November 2010;

ENACTS

ARTICLE 1

The audited financial statements of the ECOWAS Parliament for 2009 is hereby adopted.

ARTICLE 2

This Regulation shall be published in the Official Journal of the Community by the ECOWAS Commission within thirty (30) days of its signature by the Chairman of the Council of Ministers. It shall also be published within the same timeframe byeach Member State in its Official Gazette.

DONE AT ABUJA, THIS 26TH DAY OF NOVEMBER, 2010

REGULATION C/REG. 28/11/10 ADOPTING THE 2009 AUDITED FINANCIAL STATEMENTS OF THE ECOWAS PARLIAMENT Ll/WA/h- THE COUNCIL OF MINISTERS, H.E. H. Odein AJUMOGOBIA, SAN CHAIRMAN MINDFUL of Articles 10, 11 and 12 of the ECOWAS FOR COUNCIL Treaty as amended in June 2006 establishing the Council ofMinisters and defining itscomposition and functions;

MINDFUL ofArticle 75 of the Treaty appointing the External Auditors of ECOWAS Institutions;

MINDFUL of the Financial Regulations and Manual of Accounting Procedures of the Institutions of ECOWAS, as amended by Regulation C/REG2/12/ 95;

MINDFUL ofDecision A/DEC.19/01/06 appointing the firm «Deloitte and Touche, Cote d'lvoire» as the External Auditors of the Community Institutions;

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REGULATION C/REG. 29/11/10 ADOPTING THE DONEATABUJA, 2009 AUDITED FINANCIAL STATEMENTS OFTHE THIS 26TH DAY OF NOVEMBER, 2010 WEST AFRICAN HEALTH ORGANISATION (WAHO)

THE COUNCIL OF MINISTERS, IliaMd.. MINDFUL of Articles 10,11 and 12 of the ECOWAS H.E. H. Odein AJUMOGOBIA, SAN Treaty as amended, establishing the Council of CHAIRMAN Ministers and defining its composition and functions; FOR COUNCIL

MINDFUL of Article 75 of the Treaty appointing the External Auditors of Institutions of ECOWAS;

MINDFUL of the Financial Regulations and Manual of Accounting Procedures of the Institutions of ECOWAS, as amended by Regulation C/REG2/12/ 95;

MINDFUL of Decision A/DEC.19/01/06 appointing the firm «Deloitte and Touche, Cote d'lvoire» as the External Auditors of the Community Institutions;

MINDFUL ofthe contract between ECOWAS and the firm, «Deloitte and Touche, Cote d'lvoire», signed on 1April 2006 relating totheconditions under which the services of the External Auditors of the Community Institutions shall be provided; REGULATION C/REG. 30/11/10 ADOPTING THE AFTER CONSIDERING the report of the firm, « 2009 AUDITEDFINANCIAL STATEMENTS OFTHE Deloitte and Touche, Cote d'lvoire », on the 2009 COMMUNITY COURT OF JUSTICE financial statements of the West African Health Organisation; THE COUNCIL OF MINISTERS, ON THE RECOMMENDATION of the Seventeenth meeting of the Audit Committee, held in Abuja from MINDFUL of Articles 10,11 and 12 of the ECOWAS 22nd to 24th November, 2010; Treaty as amended, establishing the Council of Ministers and defining its composition and functions; ENACTS MINDFUL of Article 75 of the Treaty appointing the External Auditors of ECOWAS Institutions; ARTICLE 1

The audited financial statements of the West African MINDFUL of the Financial Regulations and Manual Health Organisation for 2009 is hereby adopted. of Accounting Procedures of the Institutions of ECOWAS, as amended by Regulation C/REG2/12/ ARTICLE 2 95; This Regulation shall be published in the Official MINDFUL of DecisionA/DEC. 19/01/06 appointing the Journal of the Community by the ECOWAS firm «Deloitte and Touche, Cote d'lvoire» as the Commission within thirty (30) days of its signature External Auditors of the Community Institutions; by the Chairman of the Council of Ministers. It shall also bepublished within thesametimeframe by each MINDFUL of the contract between ECOWAS and the Member State in its Official Gazette. firm, « Deloitte and Touche, Cote d'lvoire», signed on1April 2006 relating totheconditions under which the services of the External Auditors of the Community Institutions shall be provided;

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AFTER CONSIDERING the report of the firm, « REGULATION C/REG31/11/10 ON UTILISATION OF Deloitte and Touche, Cote d'lvoire », on the 2009 SURPLUS FUNDS FROM THE COMMUNITY LEVY financial statements of the ECOWAS Parliament; FOR CO-FINANCING WITH UEMOA THE EMERGENCY POWER SUPPLY PROGRAMME ON THE RECOMMENDATION of the Seventeenth FOR BISSAU meeting of the Audit Committee, held in Abuja from 22nd to 24th November 2010; THE COUNCIL OF MINISTERS ENACTS MINDFUL of Articles 10,11 and 12 of the ECOWAS ARTICLE 1 Treaty creating the Council of Ministers and defining its Composition and functions; The audited financial statements of the Community Court of Justice for 2009 is hereby adopted. MINDFUL ofSupplementaryActA/SA.4/1/08 adopting the Emergency and Security Plan for Power Supply ARTICLE 2 (ESPPS);

This Regulation shall be published in the Official MINDFUL of Decision A/DEC.3/5/82 of the Authority Journal of the Community by the ECOWAS of Heads of State and Government on the ECOWAS Commission within thirty (30) days of its signature Energy Policy; by the Chairman of the Council of Ministers. It shall alsobe published within thesametimeframe by each MINDFUL of Decision A/DEC.5/12/99 of the 22nd Member State in its Official Gazette. Summit of Authority of Heads of State and Government relating to the establishment of a West DONE AT ABUJA, African Power Pool (WAPP); THIS 26TH DAY OF NOVEMBER, 2010 CONSIDERING item 20 of paragraph E of the Final Communique of the 35th Ordinary Session of the Authority of Heads of State and Government held on 19 December 2008 and relating to the establishment ofa specialemergencyplanforpower k.LljM-i ^ supply in Guinea Bissau; H.E. H. Odein AJUMOGOBIA, SAN CHAIRMAN CONSIDERING Resolution No.6 oftheNinth Meeting FOR COUNCIL of ECOWAS Ministers of Energy dated 29 August 2008;

CONSIDERING that the ECOWAS Commission and UEMOA Commission as well as WAPP undertook a joint mission to Guinea Bissau in February 2010 to assess the technical and financial requirements of providing power to the capital City of Bissau;

CONCERNED with the present state of affairs characterised byvarious obstacles in the production and distribution of energy, particularly the supply of fuel and lubricants to operate existing installations in Bissau hydroelectric power station;

NOTING that no alternative arrangement had been made for the purchase of fuel, lubricants and spare parts necessary for the effective operation of the production capacity and installed distribution;

AWARE that in-depth analyses had led to the definition ofa special assistance programme bythe

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ECOWAS Commission and UEMOA Commission to REGULATION C/REG.32/11/10 RETROACTIVELY complement the efforts of development partners in VALIDATING ON EXCEPTIONAL GROUNDS SOME the provision of the generators and restoration of ADMINISTRATIVE ACTIONS OF THE PRESIDENT the electricity distribution network for the gradual OF THE COMMISSION return of Bissau into a secure and pleasant town;

RECALLING the convention signed on 11 August THE COUNCIL OF MINISTERS, 2010 in Bissau between the Government of Guinea Bissau, ECOWAS, UEMOA and WAPP for the MINDFUL of Articles 10, 11 and 12 of the ECOWAS adoption of the said programme; Treaty as amended establishing the Council of Ministers and defining its functions and composition; TAKING NOTE of the fact that the operational needs of these installations have been estimated at MINDFUL of Article 10 paragraph 3 of the Revised US$10,000,000 for a continuous period of at least a Treaty which tasks the Council of Ministers to ensure year; the smooth running and development of the Community; RECALLING that the ECOWAS Commission and UEMOA Commission, after the consideration of the MINDFUL of the 2010 Final report of the Financial report, agreed to provide 60% and 40% respectively Controller which was presented at the sixty-fifth toward the financing of the requested assistance; Ordinary session of the Council of Ministers and particularly in its paragraph 166 and 167 respectively DESIROUS of authorising the utilisation of surplus on the appointment of the acting Director of Cabinet funds from Community levy as ECOWAS contribution and the payment of allowances to cover expenses to the programme; for domestic staff of statutory officers;

ENACTS MINDFUL of the Memorandum of the President of the Commission on administrative issues which was Article 1: presented to the aforementioned session of the Council of Ministers; The utilisation of US$6,000,000 from the surplus of Community levy is hereby authorised to co-finance CONSIDERING that some misunderstanding overthe the emergency power supply programme for Bissau. interpretation of ECOWAS texts arose between the President of the Commission and the Financial Article 2: Controller of Community Institutions, with regards to the appointment by the President of the Commission This Regulation shall be published by the ECOWAS of his acting Director of Cabinet and the issuance of Commission in the Official Journal of the Economic Short-term contracts to domestic staff of the Community of West African States within thirty (30) President in the place of the allowance provided by days of its signature by the Chairman of the Council the Regulation on the conditions of service of of Ministers. It shall also be published by each statutory officers; Member State in its National Gazette within thirty (30) days after notification by the Commission. NOTING that following the referral of the matter by the President of the Commission the Chairman of DONE ATABUJA, the Council of Ministers, acting on behalf of Council, THIS 26TH DAY OF NOVEMBER, 2010 acceded to the requests made by the President of the Commission given the exceptional circumstances associated with the short duration of the tenure of the latter;

CONSCIOUS of the need to ensure that the activities LU\A^h. of the Commission continue without hindrance and H.E. H. Odein AJUMOGOBIA, SAN in order to promote the smooth running as well as CHAIRMAN effective and harmonious development of the FOR COUNCIL Commission;

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CONVINCED that reaffirming the authority of the Article 4: President is essential for the good governance of the Commission; This Regulation shall be published bythe ECOWAS Commission in the Official Journal of the Community RECALLING also the obligation of all to scrupulously within thirty (30) days of its signature by the respect Community texts; Chairperson of the Council of Ministers. Itshall also be published by each Member State in its National RECALLING that in the exercise of it duties, the Gazette within thirty (30) days of notification by the Financial Control should work towards assisting the Commission Heads of Institutions to ensure good governance of the Institutions they oversee; DONEATABUJA, THIS 26TH DAY OF NOVEMBER, 2010 DESIROUS to accord special attention to the exceptional circumstances of the brevity of tenure of the President of the Commission;

ENACTS lL\AA/h. H.E. H. Odein AJUMOGOBIA, SAN Article 1: CHAIRMAN FOR COUNCIL The actions of the President of the Commission in appointing an acting Director of Cabinet and issuing short-term contracts to his domestic staff are hereby approved and retroactively validated on exceptional grounds and as a result of the special circumstances.

Article 2:

The Financial Controller of Community Institutions shall approve the payment of arrears due to the acting Director of Cabinet and shall undertake prior verification on the salary and allowances paid to the acting Director of Cabinet.

Article 3:

1. The short-term contracts referred to in paragraph 1 of this Regulation which should run for the duration of office of the President of the Commission are given to the domestic staff in the place of the allowance provided to cover expenses for these staff by the Regulation relating to the conditions of service of statutory appointees.

2. The Financial Controller of Community Institutions shall approve the payment of arrears in application of the Short-term contracts of the domestic staff of the President of the Commission and shall undertake prior verificationof the salaries and allowances paid to this staff.

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DIRECTIVE C/DIR.1/11/10 ON ECOWAS feed and food safety, veterinary pharmacy, zoo noses VETERINARY PHARMACY and the veterinary profession, in order to meet the livestock goals of the Community;

THE COUNCIL OF MINISTERS DETERMINED to create and set rules on Veterinary Pharmacy within the ECOWAS region in order to MINDFUL of Articles 10, 11, and 12 of the Revised address all veterinary drug use and supply issues ECOWAS Treaty as amended on the creation of the as itrelates to animal health and institute cooperation Council of Ministers and defining its composition and among Member States; functions; ON THE RECOMMENDATION of the Meeting of the MINDFULof Article25 ofthe Revised ECOWASTreaty ECOWAS Ministers of Agriculture and Livestock, held on Agricultural Development and Food Security and in Abuja on 3rd February 2010. prescribing that Member States pledge to cooperate in the area of the protection of plant and animal PRESCRIBES species, controlling animal and plant diseases andthe strengthening of existing institutions in the CHAPTER I: management of natural disasters ; DEFINITIONS AND SCOPE OF APPLICATION

MINDFUL of Decision A/DEC 11/01/05 on the Article 1: Definitions adoption of the ECOWAS Agricultural Policy; 1. The definitions in Article 1 of the Regulation C/ MINDFUL of Decision C/DEC/.1/5/81 on the REG22/11/10 on Community Procedures for components of the fight against hunger, extinction the Management of Veterinary Drugs and of certain plant and animal species, of funding Biologicals are applicable to these Guidelines. programs of research and agricultural projects of production, storage and treatment of agricultural 2. For the enforcement of these Guidelines, the products; veterinary authority is that which is defined by the Terrestrial Animals Code of the World MINDFUL of Decision A/DEC. 5/10/98 of the Organization for Animal Health (OIE). Conference of Head of States and Government on transhumance within the ECOWAS region; Article 2: Scope of application

MINDFUL of the Supplementary Act A/SA 12/01/07 1. The provisions of these guidelines describe and on the creation of a Sub-regional Mechanism of prescribe the procedures and rules that Coordination of the Prevention and Response Member States shall enforce in the areas of against Avian Influenza in West Africa; control of imports and exports, movement and marketing, the opening and operation of RECALLING the WTO SPS Agreements (Marrakech manufacturing establishments, marketing and Accord) on animal and plant health as well as food distribution of veterinary drugs and biological, safety items; retail and wholesale within the ECOWAS region.

CONSIDERING that transhumance is a livestock 2. The provisions of these guidelines shall also production system which affects pastoral resources apply to veterinary drugs and biologicals for and increased cattle production within the ECOWAS testing, sales, donations or presented as raw Region; but it constitutes, however, a source of materials for veterinary drugs and biologicals numerous health related problems; and medicinal premixes.

NOTING that the handling of the issue of veterinary 3. The medicinal feeds are governed by special drugs and biologicals in the ECOWAS region is not provisions in these Guidelines. homogenous;

CONVINCED on the need to harmonize legislations and regulations in the areas of plant, animal and aquatic health as well as their well-being, animal

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CHAPTER 2: of the promoter of the research or by AUTHORIZATION TO MARKET, IMPORT AND investigators or researchers themselves INTRA-COMMUNITY MOVEMENT upon proving their qualification.

Article 3: Requirement of a marketing 3. The request for authorization to import authorization authorized veterinary drugs and biologies shall include at least the following items : 1 Except for medicinal feeds, no veterinary drugs a. The name of the drug and the holder of and/or biologicals shall be distributed on the the market authorizations (MA), Community's market without prior market authorization issued by the Commission in the b. The number and references of the conditions mentioned in Regulation C/REG.22/ batches involved, 11/10 relating to the Community Procedures on Management of Vertinary drugs and c. The origin of the drugs and their biological. destination, d. The composition of drug, strength, 2. However, a veterinary drug and/or biological dosage, form and quantities requested, shall: e. A copy of the marketing authorization. a. be subjected to a pre-clinical and/or clinical trials after authorization by the f. Address of manufacturer ECOWAS Commission under conditions stipulated in Regulation C/REG22/11/10 4. The request for authorization to import batches on Community Procedures of of drugs for clinical trials and/ or research shall Management of Veterinary Drugs and specify the name of the trial, investigator or Biologicals; promoter, the quantity to be imported, the destination of the product and the reference b be used in a Member State with special at experimentation or authorization to authorization issued according to experiment. This authorization to import is only conditions stipulated under Articles 19 valid for a single experiment or trial. and 20 of Regulation C/REG22/11/10 on Community Procedures of Management 5. Special authorizations of use provided for of Veterinary Drugs and Biologicals. under Articles 19 and 20 of regulation C/ REG.22/11/10 on Community Procedures of Article 4: Requirements for imports of Management of Veterinary Drugs and veterinary drugs and biologies Biologicals shall be valid as import authorization. The imported drugs, in that 1. Imports of veterinary drugs and/or biologicals respect, shall move only within the Community shall be subject to authorization by the in transit to the State which has provided the veterinary authority of the importing Member authorization. State. The modalities for issuance of the authorization shall be set by Member States. Article 5: Conditions for circulation of veterinary drugs and biologicals 2. Authorization to import shall be requested: a. By the officer of an establishment which 1. Any drug authorized by the centralized has the administrative authorization procedure and imported shall be circulated referred to under Article 10 of the freely in the Community territory, provided it Regulation C/REG. 22/11/10 on shall be accompanied with the marketing Community Procedures of Management authorization and the authorization to import ofVeterinary drugs and biologiesas agent issued by the Member State for entry into the acting on behalf of the holder'of a Community. Marketing Authorization or by the official of an authorized wholesale distributor; 2. Any drug authorized by the centralized procedure and manufactured by one of the b. For research purposes, by the officer of Member States of the Community shall circulate an establishment having received freely within the Community accompanied with administrative authorization, as perArticle the marketing authorization and the certificate 8 of these Directives, and acting on behalf of the manufacturer.

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CHAPTER 3: d. The duration of the process of MANUFACTURE, WHOLESALE DISTRIBUTION, authorization shall not exceed a period IMPORTS AND EXPORTS of ninety (90) days from the date of receipt of a duly completed application form. Article 6: Representation requirement or authorized branch e. The veterinary authority shall request the applicant to provide any additional The Member States shall take the legal and information necessary for the processing administrative measures to ensure that the of the application. The deadline manufacture, importation, wholesale distribution and scheduled above shall in this case be exportation of veterinary drugs and biologicals are suspended until such information is subject to clinical trials to be carried out only by provided. businesses or agencies having one or several f. Any positive or negative decision shall be certified veterinary pharmaceutical establishments communicated to the applicant. and operating under conditions governed by these guidelines. g. If, in a period of two (2) years following the notification of opening authorization, Article 7: Procedures for opening or changing the establishment is still not operational, ownership of Veterinary Pharmaceutical its authorization loses its validity. However, Establishment upon justification given before expiry of the said deadline, this authorization shall 1. The opening, modification, or change of be extended by the veterinary authority. ownership of a veterinary pharmaceutical establishment shall be the subject of prior Prior authorization shall be necessary for any authorization issued by the relevant veterinary modification concerning the premises and authority without prejudice to the other technical equipment as described in the file necessary conditions for the exercise of the taken into account for the issuance of the initial corresponding industrial or commercial activity. authorization.

2. Anyone who requests opening, change in For establishments which manufacture or import ownership or modification to a pharmaceutical drugs, such prior authorization shall also be establishment shall submit a request to the necessary for an extension of activity to new relevant veterinary authority. pharmaceutical forms or, veterinary drugs and biologicals of another nature than those listed 3. The opening authorization of a veterinary in the initial authorization. pharmaceutical establishment shall be issued to the business or agency by the veterinary The duration of the procedure shall be ninety authority, after relevant investigation, (90) days from the date of receipt of the inspection and consultation with the Veterinary complete application. Council that the pharmaceutical officer reports to. The relevant authority shall request from the applicant any additional information necessary a. When a business or agency has several for processing the application. The period veterinary pharmaceutical scheduled above shall in this case be establishments, each one of them shall suspended until provision of the information. have a separate authorization. b. For establishments where veterinary In case of change of ownership of a veterinary drugs and biologies are manufactured or pharmaceutical establishment, a request for imported, the authorization shall specify transfer of the opening authorization to the new the nature of the drugs concerned, business or new agency shall be addressed to namely chemical, immunological, or the veterinary authority. medicinal plant based. The administrative authorization shall be, after c. The authorization to open shall specify formal notice, suspended, or withdrawn by the the activity for which it is certified. For a veterinary authority in case of violation of the single establishment, the authorization provisions of this section. The suspension may mention several activities.

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which shall not exceed one (1) year, and the or a third country where similar provisions withdrawal of the opening authorization, shall are in force. All or part of this experience be pronounced by the veterinary authority. may have been acquired in one or several Except in a case of an emergency, these establishments authorized to manufacture decisions shall be implemented after the human drugs in a Community Member individual has been invited to present his/her State or in a third country where similar comments. provisions are in force. The pharmaceutical officer(s) shall justify that Article 8 Veterinary Pharmaceutical such practical experience, which shall be Establishments: Administration and Operation at least one (1) year, involves activities in the qualitative analysis of drugs, the quantitative analysis of active ingredients 1. Any enterprise which includes at least one as well as trials and verifications veterinary pharmaceutical establishment as necessary to ensure the good quality of indicated in Article 7 above, shall be owned drugs; either by a veterinary pharmacist, or a veterinary doctor, or a holding company with b. In those enterprises or agencies and their participation of a veterinary pharmacist or a wholesale distribution pharmaceutical veterinary doctor according to the provision of establishments (wholesale distributor or corporate law in force in the Member State. agent), the pharmaceutical officer shall have practical experience of at least six 2. Any agency which includes at least one (6) months in a pharmaceutical veterinary pharmaceutical establishment as establishment dealing with human drugs indicated Article 7 above shall have within its or a veterinary pharmaceutical executive management either a veterinary establishment. pharmacist or a veterinary doctor. Article 9: Control of compliance of veterinary 3. The veterinary pharmacists or veterinary doctors referred to under the previous drugs and biologicals paragraphs are called "Pharmaceutical Officers". They shall be responsible for the The Member States shall take legal and administrative implementation of the provisions on veterinary measures to ensure that the manufacture, pharmacy in the company, without prejudice to importation, and wholesale distribution of veterinary the corporate accountability of the company in drugs and biologicals shall comply to principles of case of failure to implement the provisions of best practices as defined by decision of the these Guidelines on veterinary pharmacy. veterinary authority.

4. In every veterinary pharmaceutical Article 10: Modalities of distribution or establishment of the enterprise or the agency, commercialization of veterinary drugs and where veterinary drugs and biologicals are biologicals whollyor partially a component of its production, there shall be in its employ a veterinary doctor 1. The Member States shall ensure that the or veterinary pharmacist who shall be veterinary drugs and biologicals are responsible for the implementation of these commercialized by animal health professionals guidelines on veterinary pharmacy. When the authorized under the following conditions: pharmaceutical officer exercises his activities in one of the pharmaceutical establishments a) Either the manufacturer shall carry out his/ of the enterprise or the agency, the designation her own activity, i.e., sells wholesale, or of veterinary pharmacist or veterinary doctor gives free of charge those drugs that he/ shall not be mandatory in this establishment; she has manufactured; Or b) The manufacturer or holder of the 5. The pharmaceutical officer(s) shall have marketing authorization shall resort to an relevant practical experience, : operator who may be the authorised a. Exercising authority in one or several representative. establishments for manufacture or marketing of veterinary drugs and 2. The operators and holder of marketing biologicals in a Community Member State authorization of veterinary drugs and biologies shall distribute drugs only to other enterprises

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authorized to distribute them wholesale or to 2. Any act contributing to veterinary individuals or entities entitled to retail them. pharmaceutical activities shall be carried out under the effective control of a pharmaceutical 3. The distributors of drugs submitted for clinical officer who shall fulfill, depending on the case, trials shall distribute these drugs only to other the conditions of professional practice in the distributors, investigators, individuals or entities Member State. The pharmaceutical officer of entitled to exercise similar activities outside the an enterprise or agency shall exercise his national territory. activities in a permanent and continuing manner. Any pharmaceutical officer in the 4. The enterprises or agencies that have employ of a pharmaceutical company shall not marketing Authorizations shall export out of the while in that employment maintain either a Community territory, veterinary drugs and human or veterinary pharmacy for dispensing biologicals that they manufacture or sell, or give of veterinary drugs to farmers groups or free of charge or distribute. individual in the case of pharmacists except where such functions are part of his 5. The concessions undertaken by these employment. enterprises or agencies towards other Community Member States shall only be 3. The qualification of a pharmaceutical officer intended for individuals or entities authorized shall be recorded for only one enterprise. to retailthese drugs, or inthe case of medicinal feeds, to use them in these States. 4. Incase of absence of the pharmaceutical officer as a result of his being called for another 6. All these stakeholders involved in the business, there shall be a replacement officer distribution channel shall store veterinary drugs who shall hold and act in that capacity for a and biologicals in a conducive environment, maximum period of one year. either as wholesale or for distribution free of charge. 5. Deputies shall be appointed to assist the pharmaceutical officers in case of need. For Article 11: Prohibition for Sale to the Public application of these guidelines, these deputies are individuals, who, fulfill the conditions of 1. The veterinary pharmaceutical establishment practice of pharmacy or veterinary medicine in shall not be allowed to sale to the public: the Member State, or practice their activity in a pharmaceutical establishment, with the 2. However, for medicinal feeds, veterinary pharmaceutical officers or his deputy who is in pharmaceutical establishments shall not be charge or who is acting. authorized to sell or distribute veterinary drugs and biologicals to the public, unless prescribed 6. In case of absence or impediment to the by a veterinary doctor. functions of the pharmaceutical officer or his deputy, he shall be replaced without delay by 3. The Ministry of Livestock/Agriculture of a a new pharmaceutical officer by the competent Member State or the public or semi-public bodies of the firm or company. establishments undersuch ministry can acquire veterinary drugs and biologicals directly from 7. The veterinary doctors or veterinary veterinary pharmaceutical establishments, pharmacists employed in veterinary through authorized agents for the realization pharmaceutical establishments as of missions that they must conduct in terms of pharmaceutical officers, or deputies shall be prophylaxes or sanitary control measures. registeredwith the competent legalprofessional body and shall be subject to the ethical rules Article 12: Pharmaceutical Officers and the and to the discipline of their profession. Veterinary Pharmaceutical establishment Article 13: Functions of the pharmaceutical 1. The Member States shall ensure that veterinary establishment officer pharmaceutical establishments operate under the effective responsibility of a pharmaceutical For the application of rules prescribed in public officer in accordance with the rules defined in health interest, the Member States shall ensure that Article 8 of these Directives. the pharmaceutical officerfulfils the following functions

117 March 2011 ECOWAS Official Journal Vol. 58 to the extent that they correspond to the activities of Article 15: Procedures for Compliance with the firm in which he practices and are defined under Best Practices and Veterinary Safety Article 1 of Regulation on Community Procedures in the Management of Veterinary drugs and biologicals: In addition to the general obligations in Article 14, the manufacturers of veterinary drugs and/or 1. He shall organize and monitor the entire biologicals: pharmaceutical operations of the firm, or the organization, in the area of manufacturing, 1. Shall justify, at any moment, that the products advertizing, information, pharmacovigilance, that they used to manufacture and distribute monitoring and withdrawal of batches, are in conformity with the agreed procedures distribution, importation and exportation of and that the necessary control operations have veterinary drugs or biologicals as well as been complied with ; corresponding storage operations ; 2. Shall ensure that all operations of 2. He shall ensure that transport conditions manufacturing of veterinary drugs and guarantee the quality preservation, integrity, biologicals which are the object of marketing quality and safety of these veterinary drugs or authorization shall be conducted in accordance biologicals; with the data file of this authorization accepted by the ECOWAS Commission. They shall re 3. He shall sign, after reading and agreeing with assess, and if necessary, shall modify their the report file, any administrative authorization methods of manufacture according to the request related to activities that he organizes scientific and technical progress made. Should and supervises; the case arise, the manufacturer shall advice the holder of the marketing authorization and 4. In the absence of, or incapacity of the the operator of the veterinary drugs and/or pharmaceutical officer or his deputies, the biologicals of these modifications; Authority shall approve their replacement. 3. Shall ensure that each batch of veterinary 5. He shall inform the management of the firm or drugs and biologicals which is authorized on organization about any obstacles affecting the the market is subject to a finished product check performance of his duties. as detailed in the authorization file prior to the release of the batch. When batches of Article 14: application of best practices veterinary drugs or biologicals being authorized on the market are imported from another The Member States shall undertake the legal and Member State of the Community, the accounts administrative measures to ensure that: of the control corresponding to such batches shall be held by the manufacturing 1 The veterinary pharmaceutical establishments establishment located in this Member State as operate in accordance with best practices indicated in Article 7 of this Guideline. The applicable to them and that they shall possess holder of the authorization shall inform the notably: veterinary authority of the identity of the holder a) Premises which are prepared, structured of these accounts; and maintained depending on the 4. Shall ensure that the veterinary drugs and/or pharmaceutical operations carried out there; biologicals that are subcontracted shall be manufactured by duly authorised b) Necessary human and material resources manufacturers under the legislation or needed to carry out these activities; regulations of the Member State concerned and shall be subjected to the best practices Establishments take all the necessary equivalent to those in force in the Community; measures to ensure that transport and delivery of veterinary drugs or biologicals are handled 5. Shall have a quality control laboratory which in conditions guaranteeing their good shall be placed under the authority of a person conservation, integrity, quality, efficacy and with necessary qualifications required to safety. manage the laboratory and shall be independent ofthe other officials, namely those

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of production. The control laboratory shall be 2. Shall ensure that the individuals and legal well equipped with the necessary personnel entities for whom it is intended shall be legally and materials to undertake the necessary entitled to distribute and retail the veterinary controls and tests on the raw materials and drugs and biologicals, in accordance with the packaging Articles as well as the controls of legislation of the Member State where they are intermediate level and finished products. installed.

6. Shall have a documentation system which 3. Shall register with the veterinary authority, the includes the specifications, the manufacturing area on which he conducts his activity of formulas, the procedures and statements, wholesale distribution. This registration shall be reports and recordings, covering the various undertaken at the opening of the operations that they shall undertake. The establishment; it can be modified following a documents on each batch shall be kept by the change of the initially registered distribution veterinary pharmaceutical establishment () for territory. In the registered area of distribution, at least one year after the expiry date of the each veterinary pharmaceutical establishment batch concerned and for at leastfive years after shall be able to satisfy at any momentthe needs its retail; of its usual clients.

7. Shall register and immediately declare to the 4. Any veterinary pharmaceutical establishment veterinary authority when they become aware conducting wholesale trading, giving free of of it,after the marketing of a batch of veterinary charge or undertaking wholesale distribution drugs and/or biologicals, any incident or of veterinary drugs and biologicals shall have accident that may occur during the an emergency plan which guarantees the manufacturing or the distribution of this batch effective implementation of any withdrawal of and can likely cause a public health hazard. batches of these drugs and biologicals whenever necessary. Article 16 : Obligations of Pharmaceutical Establishments This obligation applies also to the establishments selling wholesale, making free Without prejudice to the general obligations transfers or conducting the wholesale stipulated under Article 14 of this Directives; distribution of veterinary drugs and biologicals submitted for clinical trials or medicinal feed 1. Any veterinary wholesale distribution distribution that are withdrawn by the pharmaceutical establishment shall keep manufacturer. records of each input and output transaction as follows: 5. The sales agents shall carry out their activities under conditions stipulated in a written contract a) the transaction date, which shall comply with the best practices b) the designation ofthe veterinary medicine, applicable to these activities. The respective obligations of selling agent applies and c) the date and numberofthe manufacturing operator for whom he is working. They shall batch and the expiration date, only distribute those batches of veterinary d) the quantity received or supplied, drugs or biologies that have been subject to release bythe pharmaceutical officer ofthe firm e) the names and addresses ofthe supplier or company which shall ensure the and of the recipient. manufacturing or the importation.

This information shall be recorded by all Article 17: Advertising drugs appropriate systems allowing an immediate publication on the request of the control The member States shall provide rules on advertising authorities and no data modification shall be regarding veterinary profession, veterinary drugs, allowed after validation of their recording. The biologicals and production establishments. These information thus recorded shall be held for a rules are without prejudice to the rules of the period of five years, at the disposal of the veterinary profession. . relevant veterinary authorities and the ECOWAS Commission.

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CHAPTER 4: h. The pharmaceutical officer shall record MEDICINAL FEED the dates of visits as well as his observations by any appropriate system Article 18: Rules of compatibility allowing an immediate publication upon the request of the control authorities and The member States shall provide for the special not authorizing any modification of data provisions for the establishment of firms after validation of their recording. He puts manufacturing, importing, or distributing medicinal such information at the disposal of the feed. These special provisions will be compatible with relevant authority in case of request. the community arrangements on animal feed. 2. The provisions on the full time practice and Article 19: Responsibilities of the replacement appearing underArticle 12 are not pharmaceutical officers of the Medicinal Feed applicable to the pharmaceutical officers Manufacturing Firms mentioned in this Article. However, in case of absence or unavailability, the company shall 1. The leaders in these firms mentioned in Article finda replacement to the pharmaceutical officer 18, shall engage a veterinary pharmacist or a duly contracted by the company. veterinary doctor who discharges at least the following functions: 3. In case of death or after the company ceases a. He shall be responsible for the quality of trading or in case of ban of the pharmaceutical medicinal feeds manufactured, imported officer, the company proceeds immediately to or distributed by the concerned appoint a new pharmaceutical officer. establishments, Article 20: Obligations of Medicinal Feed b. He shall organise and control the Manufacturers manufacturing, importation or distribution activities in conformity with the best Without prejudice to the general obligations practices applicable to these activities and mentioned in Article 15 of these Directives, the ensure collaboration with the person in charge of the pharmaco-vigilancecontrol manufacturer for medicinal feeds shall ensure that: within the Company selling the medicinal premixes being used, as well as with the 1. Only medicinal premixes authorized to be on pharmaceutical officer responsible for the market and issued by the ECOWAS advertisement for these companies, Commission in compliance with the conditions defined by this authorization shall be used. c. Heshall control the registers orrecordings planned and described below: (list with 2. The ingredients and premixes used in the roman numerals) manufacture of medicinal feed shall not contain d. He shall monitor the compliance to the the same antibiotic or the same coccidiostal as retail conditions specified by the national additive used as active principleinthe medicinal regulation. premixes and to only feeds or combinations of those to be used in compliance the e. He shall implement any emergency plan requirements ofthe nationalor communityrules for the withdrawal of medicinal feed on animals' feeds. batches. He shall propose all improvement 3. The medicinal feed shall be: measures that he deems useful to ensure a) subject to regular controls to ensure the implementation of best practices. homogeneity, stability and good storage, In addition, the pharmaceutical officer b) kept during the period covered by the shall make regular visits to veterinary prescription; medicinal feeds establishments to get them to comply with best practices. The 4. The composition of medicinal feed shall be frequency of such visits shall depend on compatible with the daily feed ration of the the nature and significance of operations animals treated; when the medicinal feeds are relativeto medicinalfeed applicable to this manufactured with a view of undertaken for a activity. clinical trial, this manufacturing shall be

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conducted according to the dictates of the medicinal feeds held and promoter. The manufacturer shall ensure that transferred; the medicinal feeds thus manufactured are v. the number of medicinal feed batch used exclusively in the framework of the clinical and the expiry date; trial undertaken. vi. according to the case, the name 5. All necessary provisions shall be adhered to in and address of the veterinary doctor order to avoid any contamination by the who made the prescription as well medicinal feed of the other categories of feed, as the name and address of the as well as any contamination of medicinal feed livestock breeder or owner of during manufacturing, importation, distribution animals recipient of the medicinal or transportation operations. feed or the name and address of the distributor of the medicinal feed 6. The medicinal premixes and the medicinalfeed to which it was transferred. shall be stocked in premises locked up or in hermetically sealed containers or airtight In the case of establishments authorized containers separated by category and specially to distribute medicinal feeds: designed for the keeping of these products. i. the date of acquisition, transfer or issuance 7. The packages, bags and containers for medicinal feed shall not be reusable, modes of ii. the trade designation or, failing that, closing of these packages or containers shall the nature as well as the quantity of not allow for reuse after opening medicinal feed or, failing that, the nature and the quantity of medical Article 21: Requirement for prior import feeds acquired and transferred authorization iii. the batch number of the medicinal Any importation ofmedicinal feed shall require a prior feed and the expiry date;

importation authorization issued by the national IV. the name and address of the competent authorities, subject to medicinal premixes manufacturer, supplier or distributor used, have benefited from Marketing Authorization of medicinal feeds; issued by the ECOWAS Commission as defined under Article 20 above. the name and the address of the veterinary doctor wrote the Article 22: Mandatorily consigned information prescription;

1. Without prejudice to the provisions of Article VI. the name and address of the 4 Paragraph 2,ofthese Directives, thefollowing livestock-breeder or the holder of information shall be recorded: animals or the recipient distributor of medicinal feeds a. In the case of establishments authorized to manufacture and import medicinal The information mentioned under Article 22(1) feeds: sub-Paragraph (a and b) shall be right after each operation, recorded by any appropriate i. The date of manufacture, system allowing an immediate publication on importation, transfer or issuance, the request by control authorities and depending on the case, authorising no modification in the data after ii. the denomination, quantity and the validation of their recordings. The registers, the number of the batch or used recordings as well as the paper publications of medicinal premixes these recordings by maximum periods of one month shall be kept for a period of five years the nature and quantity of and shall be held at the disposal of control ingredients used and their authorities during that period. proportions;

IV. the commercial denomination or, failing that, the nature as well as the quantity of manufactured, imported,

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Article 23: Restrictions b. The persons in charge of State Veterinary Services drugs and/or biologicals required The Member States shall ensure that: for the implementation of mandatory prophylaxis where there are no practising 1. The marketing of Medicinal feeds remains in a veterinary doctor or paramedical circuit of legally entitled individuals or grouping found in the area. authorised establishments. Article 25: Prescription and Labelling guidelines 2. The retail delivery shall be subject to the for Veterinary Drugs and/or Biologicals presentation of a veterinary doctor's prescription established in compliance with 1. The Member States shall undertake the national regulation. necessary legal measures for compliance with prescription and labelling guidelines for the CHAPTERS: retail distribution of veterinary drugs and EXTEMPORANEOUS PREPARATION, biologicals based on the following categories: RETAIL SALE AND DISTRIBUTION a. the veterinary drugs and biologicals Article 24: Entitlement to retail sale and containing one or several active distribution ingredients that may either present toxicity for the animal or dangerous for 1. TheMember Statesshall takeall the necessary the user of the medicines orthe consumer legal measures for compliance with the of products of animal origin through acquisition, distribution and retailing whether harmful residues: freely or subject to payment to the users of veterinary drugs and biologicals shall be i) Virulent matters and products of reserved to legally entitled persons and under microbial origin intended for conditions defined by each Member State. diagnosis, prevention and the treatment of animal diseases. 2. These legallyentitled persons inthe framework ii) Substances of organic origin of a full exercise shall be: intended for the same purposes a. veterinary doctors who own a veterinary except those which contain only the pharmacy, ingredients known chemically. b. the veterinary pharmacist who owns a iii) Hormonal substances, pharmacy, iv) Products likely to remain inthe state c. The Clinicians in veterinary schools, for of toxic or dangerous residues inthe the treatment of animals admitted in foodstuffs of animal origin, consultation or hospitalized. v) Products which violate legislations d. The persons in charge of animal health on fraud at the point of origin, in Community as appointed in compliance with National rules. vi) Products which may hamper the safety of foods coming from animals 3. As a waiver, for limited categories ofveterinary to which they were administered; drugs and/or biologicals to be defined byeach b. The veterinarydrugs and biologicals with Member State,the legally entitled personsshall no toxicity for the animal, no danger for be: the user of the drug or the consumer of a. veterinary doctors registered in the order animal products through harmful for an activity within livestock breeders' residues. groupings or agricultural professionals 2. The retail distribution, whetherfree or charged submitted to an approval procedure inthe for, ofveterinarydrugs and biologicals (referred Member State as regardscommonly used to inArticle 25(1 a) above) shall be prescribed, veterinary drugs and biologies as defined in writing, by a veterinary doctor, before it can below and for the exclusive use of their be delivered to the user; members,

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3. The substances referred to in Article 25(1)( a) Article 29 : Extemporaneous preparation. above shall not be distributed in the state to stockbreeders or certified breeders' groupings, 1. The Member States shall ensure that or purchased by these stockbreeders or extemporaneous preparation of veterinary groupings, except if they are authorised or drugs and biologies shall be limited to: under the prescription of a veterinary doctor. a. veterinary doctors owning a veterinary 4. the substances referred to in Article 25(1 )(b) pharmacy, can be accessed by public without prescription b. veterinary pharmacists holding a veterinary doctor's prescription, Article 26: Records of veterinary drugs and biologicals c. authorised persons by veterinary authorities under the conditions provided 1. The Member States shall make legal in Article 24 of the these Directives arrangements so that: any person legally entitled to engage in retail distribution shall hold 2. The Member States shall ensure that: detailed documentation for each input and output of prescription drugs as follows: a) The extemporaneous preparation of pharmaceutical medicine is only a. the date of the operation, developed from an authorised or approved raw material by the Commission b. the identification of the medicine(name, having obtained an authorisation of sale pharmaceutical form, dosage, target in the market; species), b) The extemporaneous preparation of c. the manufacturing batch number, medicinal feeds is made by a person d. the quantity received or delivered, designated by Article 29(1) through installations at the disposal of the user. e. the name and the address of the supplier or recipient, c) The preparation complies with best practices and shall be subjected to f. The name and address of the prescribing inspection by competent veterinary officer. authorities and basic laboratory analysis g. Date of manufacture and expiry of the raw material and the finished product. h. Manufacturer's full location and address CHAPTER 6: 2. These records shall be held at the disposal of CONTROL AND INSPECTION competent authorities and their control staff. Article 30: Inspection procedures Article 27 : Prescribing appropriate veterinary drugs and biologicals 1. The Veterinary Authority shall ensure through repeated inspections, unannounced if The Member States shall take all the legal steps to necessary, that the national and community, allow the prescription of appropriate drugs and legal, administrative and technical guidelines biologicals in accordance with the provisions of concerning veterinary drugs and biologicals as Regulation C/REG.22/11/10 on Community well as veterinary pharmaceutical Procedures of Management of Veterinary drugs and establishments are respected. biologicals. 2. The inspections shall be carried out by the Article 28 : Registration of acquisitions and agents of the veterinary authorities, who shall administration of veterinary medicine have integrity, independence warranties and sufficient competence and shall legally be The Member States shall encourage the owners of entitled to: animals producing commodities intended for human consumption to keep a register giving details of the a. carry out inspections in the drug and its administration on animals. establishments or manufacturing firm, import, wholesale and retail distribution of veterinary medicines;

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take samples, Article 32: Pharmaco-vigilance

C. access to all documents concerning their 1. Member States shall encourage the Veterinary field of competence. Doctors and other health professionals to declare to the veterinary authority all side- 3. These agents shall submit a report at the end effects occurring to man or animal and which of each inspection on the compliance of these are likelyto be traced back to a veterinary drug. establishments or firms with respect to the provisions of these Guidelines to the veterinary 2. The information shall be transmitted without authority officials. delay to the ECOWAS Commission in case of side- effects on man or animal. 4. The veterinary authority can suspend or withdraw the administrative authorization of 3. Member States shall be encouraged to manufacturing and wholesale or retail exchange and share pharmaco-vigilance distribution when the functioning requirements are not fulfilled. This decision shall be justified information between each other. only after the officials have had the possibility CHAPTER 7: to submit their observations. PROVISIONALAND FINAL ARRANGEMENTS 5. The veterinary authorities can ban or forbid the importation of a veterinary drugs and biologies Article 33: Annual implementation report batch coming from a third country if there is suspicion on the qualityor pharmaco-vigilance 1. The veterinary authority of each Member state problems. This decision shall be referred to the shall prepare and transmit annually to the ECOWAS Commission. Inemergencies, the ban ECOWAS Commission, a synthesis report on the implementation of thethese Guidelines. The can be decided without advice from the Commission. ECOWAS Commission shall specify from time to time the nature of information required. 6. The veterinary authority shall proceed with samplings and forward the analysis to the 2. The circulation of already authorized drugs and network of quality control laboratories of biologies at the national level at the time of veterinary drugs and biologicals instituted by publication of these guidelines is only allowed Regulation C/REG.22/11/10. within that State until the ECOWAS Commission rules on the authorization requests for putting 7. For the destruction of veterinary drugs and on the market in accordance with Article 49 of biologicals by the competent authorities and the Regulation on establishing Community considering their potentially hazardous nature Procedures for Management of Veterinary to health, as well as for the environment, the Drugs and Biologicals. MemberStates shall take appropriate measures to limit possible harm. 3. The Member States shall make legislative, regulatory and administrative arrangements Article 31: Mutual Recognition of Inspections necessary for the implementation of these Directives. 1. Veterinary authorities shall recognize the inspections carried out by other MemberStates 4. In events of emergency, before the and mutually communicate any useful implementation of these Guides, protective information on the various establishments. measures shall be taken by the Member States and immediately notify the Commission. 2. Upon request, the veterinary authority can demand for an inspection report or the results 5. The adopted legal acts taken to this effect shall of control carried out by the laboratory of contain a reference or shall be accompanied another Member state. by such a reference during the publication

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Article 34: Publication

These Directives shall be published by the ECOWAS Commission in the Official Journal of the Community withinthirty (30) days upon signature by the Chairman of the Council of Ministers. It shall also be published by each Member State in its National Gazette thirty (30) days after notification by the Commission.

DONEATABUJA, THIS 26TH DAY OF NOVEMBER, 2010

iLLWh. H.E. H. Odein AJUMOGOBIA, SAN CHAIRMAN FOR COUNCIL

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RECOMMENDATION C/REC.1/11/10 RELATING TO CONSIDERING that in order to better demonstrate THE ADOPTION OF THE ECOWAS SPORTS the importance of sports as an engine for regional POLICY integration and achieve the objectives of the ECOWAS Vision 2020, It is necessary to prepare a policy and strategic plan in the area of sports; THE COUNCIL OF MINISTERS, CONVINCED thatthe adoption of an ECOWAS Sports MINDFULof Articles 10,11,12ofthe ECOWASTreaty policy and its implementation will allow the majority as amended In February 2010 establishing the of ECOWAS citizens to have a sense of belonging to Council of Ministers and defining Its functions and the same Community and enjoy better quality of life composition; as a result of more active participation in sporting activities; MINDFULof Articles 7,8and 9 ofthe ECOWASTreaty creating the Authority of Heads of State and CONSCIOUS that sports provides an avenue for Government and defining its functions and Community Citizens of all ages and categories to composition; acquire rich and varied sporting experiences due to the participation ofvolunteers, coaches and qualified MINDFUL of the provisions of Article 60 of the said and dedicated officers; Treaty relating to human resources, which urge Member States to work together with a view to DESIRING to adopt the ECOWAS Sports Policy; promoting effective development of the human resources of the region; RECOMMENDS

MINDFUL of Article 61 (e) of the said Treaty which TO THE AUTHORITY OF HEADS OF STATE AND tasks Member States to promote and develop sports GOVERNMENT the adoption of the draft in order to bring the young people of the region Supplementary Protocol hereby attached, which closer together and ensure their development is adopts the ECOWAS Sports Policy balanced; DONE ATABUJA, MINDFUL of Article 67 of the said Treaty which THIS 26TH DAY OF NOVEMBER, 2010 stipulates that Member States shall commit to work together throughthe relevantCommunity institutions in order to ensure their respective sports policies are harmonised and coordinated; MINDFUL of Resolution VII.00 12/CMYS of 1 iLldddb..!^ September 2000 ofthe CYSM. ECOWAS meeting in H.E. H. Odein AJUMOGOBIA, SAN Ouagadougou, Burkina Fasoonsports development; CHAIRMAN FOR COUNCIL MINDFUL of Decision A/DEC.13/01/05 on the transformation of the Conference of Youth and Sports Ministers into the ECOWAS Youth andSports Development Centre;

CONSIDERING that sports affects virtually every country in Africa, as well as all International organisations and civil society organisations in as much as it is a tool for the maintenance of bodily health and development of social and economic activities;

CONSIDERING the needto position sports as a key sector inthe socio-economic life of people and make it an engine for human development, peaceful co existence and regional integration;

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THIRTY-NINTH ORDINARY SESSION OF THE AU recovery, notably through private sector pro THORITY OF HEADS OF STATE AND GOVERN motion, diversification of the economic fabric MENT based on regional complementarity and increased investments in social sectors in order Abuja, 23 - 24 March 2011 to achieve the 7% growth rate required for the attainment of the Millennium Development FINAL COMMUNIQUE Objectives (MDGs).

7. Inaddition, the Authority urged the Commission 1. The Thirty-ninth Ordinary Session of the to build on the achievements made in Authority of Heads of State and Government deepening integration, particularly in priority of the Economic Community of West African areas such as the promotion of the private States was held in Abuja, Federal Republic of sector, enhancement of macro-economic Nigeria on 23 and 24 March 2011 under the convergence, and sectoral programmes chairmanship of His Excellency Goodluck Ebele including agriculture, infrastructure and energy. Jonathan, President of the Federal Republic of Nigeria and Chairman of ECOWAS Authority 8. With regard to the low resource absorptive of Heads of State and Government. capacity of the Commission, Authority directed Council to deepen discussions with the aim of 2. The Heads of State and Government of the finding a sustainable solution to ensure the following Member States were present at this effective implementation of Community session: Benin, Burkina Faso, Cape Verde, programmes. Guinea Bissau, Liberia, Mali, Nigeria, Senegal, Sierra Leone and Togo. Ghana and the 9. In the effort to assist Member States emerging Gambia were represented by the Countries from crisis, Summit approved an emergency Vice Presidents while Cote d'lvoire, Guinea and allocation of 30 million dollars in support of the Niger were invited as observers. electrification projectfor Conakry.Authority also directed the ECOWAS Commission to seek 3. The President of the UEMOA Commission, the additional technical and financial support from representative of the President of the African partners to meet the full financial cost of this Union Commission, and the Special important project. Representativeofthe Secretary General ofthe United NationsOrganisationforWestAfrica also Economic Partnership Agreement (EPA) participated inthis 39th Session as Observers. 10. The Authority expressed deep concern about 4. The Heads of State and Government also took the deadlock in the EPA negotiations due to note ofthe 2010 Annual Report ofthe President persistent divergences between the European of the ECOWAS Commission, Report of the Union and West Africa parties. In that regard, 65th Ordinary Session of the Council of the Heads of State and Government affirm their Ministers and Report of the 28th Ordinary common position as follow: Session of the Mediation and Security Council. Preserve the independent resources of regional organizations by excluding 5. The Heads of State adopted the major recom ECOWAS Community Levy and the mendations of the various reports presented UEMOA Community Solidarity Levy from and subsequently undertook a detailed analy the scope of the tariff liberalization; sis of the following specific issues: Ensure a sustainable and gradual West African Economic Performance liberalization that safeguards the region's tax revenue, its development capacity and 6. The Authority commended the various avoid a reversal of the recent regional measures taken by Member States to attenuate integration achievements, therefore, the negative effects of the 2009 global West Africa is ready to offer to the EU a economic and financial meltdown. While maximum of 70% market opening over a commending the economic recovery of the period of 20 - 25 years region, the Summit urged Member States to continue with structural reforms for economic

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Ensure additional financial resources initial demobilisation, reconversion and socio from the EU for the financing of the EPA economic re-integration operations (ii) deploy Development Programme (EPADP). This ment of a technical assistance team to additionality and availability of resources strengthen and train national units in charge should be taken into account in the text of protecting institutions and VIPs, contribute of the agreement. to protecting the National Inquiry Commission and setting up of a witness protection Maintain the policy space required to programme. promote trade with other trading partners such as South-South countries/blocs 15. While directing the ECOWAS Commission to within the framework of Most favoured take all necessary steps to ensure the prompt nation clause in the EPA, implementation of this decision, the Heads of Resolve the divergences in order to State and Government called on the ensure a simpleand development friendly International Community to continue providing Rules of Origin which takes into support for the socio-economic development consideration the different levels of of the country, as well as the stabilisation development of the two parties. process aimed at pacifying Guinea Bissau. Furthermore, defer extension of rules of Summit reiterates its commitment to assist origin preferences to cover Ceuta and Guinea Bissau in consultation with all the Melilla till such time that the potential development partners particularly the EU. impact of such a move on West Africa could be ascertained, and -Avoid 16. On Guinea, the Authority hailed the successful mechanisms that would affect regional completion ofthe transitional process to restore trading relations based on unilateral constitutional order through the conduct of political sanctions within the framework of credible presidential elections, culminating in the non execution clause. the victory of Prof. Alpha Conde on 7th November 2010. While congratulating H.E. 11. The Authority requested the negotiators from AlphaConde on his victory, the Heads of State both regions to continue consultations in order and Government also paid tribute to Mr. Cellou to reach agreement on the outstanding Dalein Diallo for demonstrating exemplary divergences, including EU agricultural statesmanship by gracefully accepting the subsidies and the relationship with Turkey. verdict of the ballot box.

Regional Peace and Security 17. In view of the restoration of democracy the Authority decided to lift the sanctions imposed 12. After considering the recent developments in on the Republic of Guinea, particularly with the peace and security situation in the region, regard to its participation in all ECOWAS the Heads of State and Government decided decision-making bodies andthearmsembargo. as follows: 18. TheAuthority also lauded the political maturity 13. On Guinea Bissau, the Authority reaffirmed its of the Guinean people and commended determination to supportthe implementation of General Sekouba Konate, the Transitional the Defence and Security Sector Reform President, for his commitment and exemplary Programme (SSRP), as a crucial factor in the leadership which contributed to the successful process of socio-political stabilisation in Guinea completion of Transition. Bissau. 19. Furthermore, the Heads of State and 14. In this regard, the Heads of State and Government paid glowing tribute to H.E Blaise Government adopted the recommendations of Compaore, President of the Faso and the 28th Session ofthe Mediation andSecurity ECOWASMediator in Guinea, for his mediation Council and validated thejoint roadmap for the efforts in Guinea. The Authority expressed implementation of the SSR. The Authority appreciation for the role played by decided to allocate Community funds to the development partners under the umbrella of tune of 63 million dollars, to cover the priority the International Contact Group inthe process. activities of the programme particularly in the areas of: (i) take-off of the pension fund and

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20. On the situation in Niger, the Heads of State 26. To this end, Summit adopted a Special Resolu and Government noted with satisfaction the tion A/RES.1/03/11 which is attached to the successful completion of the transitional present Communique. process to restore constitutional legality through the conduct of credible, transparent Consolidation of Democracy and peaceful presidential election. The Summit congratulated H.E Mahamadou Issoufou, the 27. The Heads of State and Government noted with president elect and also paid homage e to Mr. satisfaction the efforts by the Region in the Seini Oumarou for his show of political maturity entrenchment of democracy. In this regard, the in accepting the result. Authority commended Member States, especially Guinea, Burkina Faso, Niger and 21. In view of this development, the Heads of State Benin which, in recent months, held free and and Government decided to lift all sanctions transparent elections. Summit urged all the imposed on the Republic of Niger in conformity candidates in the Presidential election of 13 with Article 45 of the ECOWAS Protocol on March 2011 in Benin to accept the verdict of Democracy and Good Governance. the ballot box, and to resort only to constitutional and legal means for the resolution 22. The Summit commended the political maturity of any possible disputes emanating from the of the people and all the political stakeholders election. It called on the candidates to respect of Nigerfortheir determination and commitment the final results to be announced by the to the ideals of democracy. In particular, it Constitutional Court. It urged Member States expressed its appreciation for the role played which will be holding elections in the future, in the process by all the institutions of the notably Nigeria, The Gambia, Cape Verde and Transition including the Supreme Council for Liberia, to take all necessary measures to the Restoration of Democracy (CRSD), the create optimal conditions for the conduct of National Consultative Council and the organs peaceful, credible, free and transparent polls, responsible for the Electoral process. Itsingled in conformity with the relevant provisions of the out General Salou Djibo, President of the ECOWAS Supplementary Protocol on CSRD, for special praise for faithfully fulfilling Democracy and Good Governance. his engagement in the process with firmness and determination. On the situation in Libya

23. The Heads of State and Government expressed 28. The Heads of State and Government affirmed their gratitude to General Abdulsalami A. their concern over the situation and Abubakar, former President of the Federal commended the African Union and the United Republic of Nigeria and ECOWAS Mediator in Nations Security Council for the measures so Niger, for his untiring efforts throughout the far taken to address the precarious situation. mediation process. The Heads of State further urged the AU and the UN to continue their engagement until the 24. Finally, Summit highly commended the situation is resolved definitively to ensure ECOWAS Commission for it's exceptional role lasting peace and stability in the country. in facilitating the restoration of constitutional order in Niger. Institutional Matters

25. Deeplyconcerned by the cycle of violence and 29. With regard to the allocation of Statutory the fast deteriorating security and humanitarian positions within the ECOWAS Institutions, situation in Cote d'lvoire, and considering the Summit decided to set up a five-member situation as a major threat to peace and committee at the level of Heads of State and security in the region, the Heads of State and Government, made up of Guinea Bissau, Government decided to adopt urgent measures Liberia, Mali, Sierra Leone and Togo, to review aimed at preserving life and ensuring the the modalities on the basis of alphabetical speedy transfer of power from the outgoing order, transparency, equity and predictability President, Mr. Laurent Gbagbo to the President and submit their findings to the next Summit elect H.E. Alassane Ouattara and pacifying the for consideration. security environment.

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30. The Heads of State and Government renewed permanent Representative of the Republic of the tenure of the Federal Republic of Nigeria Chad to ECOWAS in order to strengthen co as Chairman ofthe ECOWASAuthorityof Heads operation with this country in some areas re of State and Government till 31 December2011. lating to economic integration.

31. The Heads of State and Government 36. The Heads of State and Government expressed commended the pioneering role and steadfast sincere thanks to H.E. Goodluck Ebele dedication of the late General Gnassingbe Jonathan President of the Federal Republic of Eyadema, former President of the Togolese Nigeria, and through him the people of Nigeria, Republic and General Yakubu Gowon, former for the generous hospitality accorded them in Head of State of the Federal Republic of Nigeria the finest African tradition, during their stay in in creating and consolidating the gains of Abuja. ECOWAS. The Authority also underscored the remarkable involvement of Professor Adebayo 37. The next Ordinary Session of the Authority of Adedeji, former Executive Secretary of the Heads of State and Government will be held at United Nations Economic Commission forAfrica a date to be determined in consultation with (UNECA) and Mr Edem Kodjo, former Prime the serving Chairman of the Authority. Minister of Togo and erstwhile Secretary General of the Organisation of African Unity, in VOTE OFTHANKS the formulation of the ECOWASTreaty. The Authority of Heads of State and Government 32. In order to officially recognise the invaluable expressed their profound gratitude to His Excellency contribution of these eminent persons in the Goodluck Ebele Jonathan, President of the Federal realisation of Community ideals, the Summit Republic of Nigeria, for the generous African decided to present a posthumous award to the hospitalityaccorded them during their stay in Abuja. late General Gnassingbe Eyadema, former The Authority expressed its best wishes for happiness President of the Togolese Republic. The and prosperity to the Nigerian people. Authority also decided to award the title of "ECOWAS Roving Ambassador" to General DONEATABUJA, Yakubu Gowon, former Head of State of the THIS 24TH DAY OF MARCH 2011 Federal Republicof Nigeria, ProfessorAdebayo Adedeji ofNigeria, and Mr. Edem Kodjo ofTogo. THE AUTHORITY This title confers on the awardees the right to participate fully in all sessions of the Authority.

33. The Heads of State and Government paid a glowing tribute to H.E. Goodluck Ebele Jonathan, President of the Federal Republic of Nigeria for the constant availability demonstrated throughout his mandate and his positivecontribution to the regional integration process and the strengthening of the democratic culture in West Africa.

34. The Authority equally expressed its gratitude to all ECOWAS development partners for their constant support in the realisation of ECOWAS objectives and continued interest in the development of the West Africa region, as well as the consolidation of regional peace and security.

35. Within the framework ofexperience sharing,the Authority directed that the Government of Chad be invited to send its representative to the ECOWAS Commission for accreditation as

130 THONIMARTINS. [email protected]