DIRECTIVE A/DIR.2/07/23 RELATING TO ECOWAS CONSUMER PROTECTION

La Directive A/DIR.2/07/23, adoptée à Bissau le 9 juillet 2023 par l'Autorité des Chefs d'État et de Gouvernement de la CEDEAO, établit un cadre régional harmonisé de protection des consommateurs. Elle institue un cadre institutionnel articulé autour de l'Autorité régionale de la concurrence (ERCA) et des organes nationaux de protection des consommateurs, ainsi qu'un mécanisme de collaboration entre eux. Elle énumère les droits des consommateurs (égalité, choix, information, publicité loyale,…

SIXTY-THIRD ORDINARY SESSION OF THE AUTHORITY OF HEADS OF STATE AND GOVERNMENT

Bissau, 9 July 2023

THE AUTHORITY OF HEADS OF STATE AND GOVERNMENT,

MINDFUL of Articles 7, 8 and 9 of the ECOWAS Treaty establishing the Authority and defining its composition and functions;

MINDFUL of Article 3 of the said Treaty, which provides for the harmonisation and coordination of national trade and quality policies as a means of maintaining and improving economic stability in the sub-region;

MINDFUL of the Supplementary Act A/SA.1/12/08 adopting the community competition rules and their modalities of application;

MINDFUL of the Supplementary Act A/SA.2/12/08 on the establishment, powers and functioning of the ECOWAS Regional Competition Authority (ERCA),

MINDFUL of the Supplementary Act A/SA.1/02/13 on the adoption of the ECOWAS Quality Policy (ECOQUAL);

MINDFUL of the Supplementary Act A/SA.3/12/21 on the establishment, powers and functioning of the ECOWAS Regional Competition Authority (ERCA), that amended Supplementary Act A/SA.2/12/08;

CONSIDERING that the objectives of the Community competition rules, as enshrined by Article 3 c) of the Supplementary Act A/SA.1/12/08 are, among others, to ensure the consumers' welfare and the protection of their interests;

RECALLING that in accordance with the provisions of Article 13 of the said Supplementary Act, as well as of Article 1 of the ECOWAS Regional Competition Authority Establishment Act, the ERCA shall be responsible for the implementation of the Community Rules on competition and consumer protection;

RECALLING ALSO that ERCA shall keep under review any commercial activity which may adversely affect the economic interests of consumers and undertake studies regarding matters affecting the interests of consumers;

CONSCIOUS of the need for Member States to put in place all the required mechanisms for consumer protection within the region;

CONVINCED of the need to promote a fair, accessible and sustainable marketplace for consumer products and services as well as consumer welfare;

A/DIR.2/07/23

DESIROUS of adopting guidelines for Member States to promote a harmonized framework of consumer protection within the region;

UPON THE OPINION of the Parliament at its First Ordinary Session held in Abuja, Nigeria from 08th to 26th of May 2023;

ON RECOMMENDATION of the Ninetieth Ordinary session of the Council of Ministers held in Abuja, Nigeria, from 6th to 7th July 2023.

PRESCRIBES:

CHAPTER I

TITLE, OBJECTIVES, DEFINITION AND SCOPE

ARTICLE 1: DEFINITIONS

For the purpose of this Directive the following documents shall apply:

"Advertisement" means any direct or indirect visual or oral communication transmitted by any medium, or any representation or reference written, inscribed, recorded, encoded upon or embedded within any medium through which a person seeks to bring to the attention of all or part of the public the existence, nature, availability, properties, supplies or advantages of any goods or services;

"Body or Bodies in charge of Consumer Protection" means authority, commission, institution, agency, entity or directorate in charge of consumer protection in Member States;

Collaboration Mechanism means any arrangement, activity, event, understanding or participation aimed at working together to achieve the objective of this Directive;