The Proposed Constitution for Europe

Part III, Title III, Chapter IV | Contents | Part III, Title V

TITLE IV: ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES

Article III-186

The non-European countries and territories which have special relations with Denmark, France, the Netherlands and the United Kingdom shall be associated with the Union. These countries and territories (hereinafter called the "countries and territories") are listed in Annex II *.

The purpose of association shall be to promote the economic and social development of the countries and territories and to establish close economic relations between them and the Union as a whole.

Association shall serve primarily to further the interests and prosperity of the inhabitants of these countries and territories in order to lead them to the economic, social and cultural development to which they aspire.

* This Annex, which corresponds to Annex II to the TEC, is to be drawn up.

Article III-187

Association shall have the following objectives:

(a) Member States shall apply to their trade with the countries and territories the same treatment as they accord each other pursuant to the Constitution;

(b) Each country or territory shall apply to its trade with Member States and with the other countries and territories the same treatment as that which it applies to the European State with which it has special relations;

(c) Member States shall contribute to the investments required for the progressive development of these countries and territories;

(d) For investments financed by the Union, participation in tenders and supplies shall be open on equal terms to all natural and legal persons who are nationals of a Member State or of one of the countries and territories;

(e) In relations between Member States and the countries and territories, the right of establishment of nationals and companies or firms shall be regulated in accordance with the provisions and procedures laid down in the Subsection relating to the right of establishment and on a non-discriminatory basis, subject to any special measures adopted pursuant to Article III-191.

Article III-188

  1. Customs duties on imports into the Member States of goods originating in the countries and territories shall be prohibited in conformity with the prohibition of customs duties between Member States provided for by the Constitution.

  2. Customs duties on imports into each country or territory from Member States or from the other countries or territories shall be prohibited in accordance with Article III-38.

  3. The countries and territories may, however, levy customs duties which meet the needs of their development and industrialisation or produce revenue for their budgets.

    The duties referred to in the first subparagraph may not exceed the level of those imposed on imports of products from the Member State with which each country or territory has special relations.

  4. Paragraph 2 shall not apply to countries and territories which, by reason of the particular international obligations by which they are bound, already apply a non-discriminatory customs tariff.

  5. The introduction of or any change in customs duties imposed on goods imported into the countries and territories shall not, either in law or in fact, give rise to any direct or indirect discrimination between imports from the various Member States.

Article III-189

If the level of the duties applicable to goods from a third country on entry into a country or territory is liable, when Article III-188(1) has been applied, to cause deflections of trade to the detriment of any Member State, the latter may request the Commission to propose to the other Member States that they take the necessary steps to remedy the situation.

Article III-190

Subject to the provisions relating to public health, public security or public policy, freedom of movement within Member States for workers from the countries and territories, and within the countries and territories for workers from Member States, shall be regulated by measures adopted in accordance with Article III-191.

Article III-191

The Council of Ministers shall adopt unanimously, on the basis of the experience acquired under the association of the countries and territories with the Union, European regulations and decisions as regards the detailed rules and the procedure for the association of the countries and territories with the Union.

Article III-192

Articles III-186 to III-191 shall apply to Greenland, subject to the specific provisions set out in the Protocol on special arrangements for Greenland.

Part III, Title III, Chapter IV | Contents | Part III, Title V

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