African Court Cases

Article 41

Quantitative restrictions on community goods

1. Except as may be provided for or permitted by this Treaty, Member States undertake to relax gradually and to remove over a maximum period of four (4) years after the launching of the trade liberalisation scheme referred to in Article 54, all the then existing quota, quantitative or like restrictions or prohibitions which apply to the import into that State of goods originating in the other Member States and there after refrain from imposing any further restriction sor prohibitions. Whereby virtue of obligations underan existing contract entered into by a Member State such a Member State is unable to comply with the provisions oft his Article, the Member State shall duly notify Council of this fact and shall not extend or renew such contract at its expiry. 2. The Authority may at any time, on the recommendation of the Council decide that any quota, quantitative or like restrictions or prohibitions shall be relaxed more rapidly or removed earlier than agreed upon under paragraph 1 of this Article. 3. A MemberState may, after having given notice to the ExecutiveSecretary and the other Member States of its intention to do so, introduce or continue to execute restrictions or prohibitions affecting: (a) the application of security laws and regulations; (b) the control of arms, ammunition and other war equipment and military items; (c) the protection of human,animal or plant health or life, or the protection of public morality; (d) the transfer of gold, silver and precious and semi-precious stones; (e) the protection of national artistic and cultural property; (f) the control of narcotics, hazardous and toxic wastes, nuclear materials, radioactive products or any other material used in the development or exploitation of nuclear energy. 4. Member States shall not so exercise the right to introduce or continue to execute the restrictions or prohibitions referred to in paragraph 3 of this Article as to stultify the free movement of goods envisaged in paragraph 1 of this Article.
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