objectives of comesa essay

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COMESA - Common Market for Eastern and Southern Africa

The Common Market for Eastern and Southern Africa (COMESA) was formed in December 1994 to replace the former Preferential Trade Area (PTA) from the early 1980s in Eastern and Southern Africa. COMESA was created to serve as an organization of free independent sovereign States that have agreed to cooperate in developing their natural and human resources for the good of all their people. In this context, the main focus of COMESA has been on the formation of a large economic and trading unit to overcome trade barriers faced by individual States. The objectives of COMESA reflect its priorities to promote sustainable economic development:

to attain sustainable growth and development of the member States by promoting a more balanced and harmonious development of its production and marketing structures;
to promote joint development in all fields of economic activity and the joint adoption of macro-economic policies and programmes to raise the standard of living of its peoples and to foster closer relations among its member States;
to co-operate in the creation of an enabling environment for foreign, cross border and domestic investment including the joint promotion of research and adaptation of science and technology for development;
to co-operate in the promotion of peace, security and stability among the member States in order to enhance economic development in the region;
to co-operate in strengthening the relations between the Common Market and the rest of the world and the adoption of common positions in international fora; and
to contribute towards the establishment, progress and the realisation of the objectives of the African Economic Community.

The organizational structure of COMESA consists of the following Organs:

The COMESA Heads of State and Government (COMESA Authority);
The Council of Ministers
The COMESA Court of Justice
The Committee for the Heads of Central Banks
The Intergovernmental Committee
The Technical Committees;
The Secretariat.

COMESA has established a number of institutions to support the private sector. These include:

The Trade and Development Bank for Eastern and Southern Africa (PTA- Bank);
The COMESA Clearing House;
The COMESA Leather and Leather products Institute (LLPI);
The COMESA Re-Insurance Company (ZEP Re);
The COMESA Monetary Institute (CMI);
The African Trade Insurance Agency (ATI);
The COMESA Competition Commission (CCC);
The COMESA Regional Investment Agency (RIA);
The COMESA Business Council (CBC)
The Alliance for Commodity Trade for Eastern and Southern Africa (ACTESA);
The Federation of National Associations of Women in Business.

The member States of COMESA are: Burundi, the Comoros, the Democratic Republic of Congo, Djibouti, Egypt, Eritrea, Ethiopia, Kenya, Libya, Madagascar, Malawi, Mauritius, Rwanda, Sudan, Swaziland, Seychelles, Uganda, Zambia and Zimbabwe.


	$657.4 billion
	$1,335.0
	12 million sq.km
	492.5 million
	$183 billion
	$95 billion

Source: United Nations Conference on Trade and Development statistical database (2016) [1]

The headquarters of COMESA

COMESA Centre,

Ben Bella Road,

P. O. Box 30051

Lusaka, Zambia

Tel : +260 211 229 725/35

Fax : +260 211 225 107

E-mail : [email protected]

Web : http://www.comesa.int

[1] See http://unctadstat.unctad.org/EN/Index.html . Accessed on 1 July 2016.

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An Introduction to COMESA

The origins of the Common Market for Eastern and Southern Africa (COMESA) can be traced back to the 1960s when regional economic co-operation received much support from newly formed post-colonial African states calling for pan-African solidarity and collective self-reliance. Against this backdrop, in 1965, the United Nations Economic Commission for Africa convened a ministerial meeting for newly independent Eastern and Southern African states to consider establishing a mechanism to promote sub-regional economic integration. After much consultation and negotiation, in 1981, a treaty establishing a preferential trade area (PTA) for Eastern and Southern Africa was signed. This PTA was created to take “advantage of larger market size, to the region’s common heritage and destiny and to allow greater social and economic co-operation, with the ultimate objective [of] creating an economic community .” Living up to the PTA Treaty’s vision for an economic community, in 1993, the Treaty establishing COMESA was signed in Uganda and ratified a year later, in 1994, in Malawi. It is important to note that the creation of the PTA and COMESA was in line with the Organisation of African Unity’s (OAU) Lagos Plan of Action (LPA) and the Final Act of Lagos (FLA). Both the LPA and FLA “envisaged the process of economic integration as an evolutionary process” in which regional economic communities (RECs) would serve as the building blocks for the construction of an African Economic Community ( AEC ).

COMESA is the largest REC in Africa. With a membership of 21 states, a collective population of approximately 540 million, and global trade in goods worth USD 235 billion COMESA is a major marketplace for regional and international trade . This REC’s vision is “to be a fully integrated economic community that is prosperous, internationally competitive, and ready to merge into the African Economic Community .” As such, its main focus is to create a large economic and trading unit that is capable of overcoming some of the barriers and economic development challenges that its member states face . In working to achieve its vision, COMESA’s primary objectives are : to attain sustainable growth and development for member states; to promote joint development and cooperation in various fields of economic activity and macro-economic policies and programmes; the promotion of peace, security, and stability among member states to improve economic development; cooperation in the creation of an enabling business environment for cross-border and foreign investment; and cooperation in improving and strengthening relations with the international community and the adoption of common positions in international fora.

While these objectives are laudable, the sheer size and heterogeneity of COMESA’s membership make it difficult to implement agendas that work towards achieving the organisation’s goals. The various development levels, economic geographies, and political and national interests represented in COMESA render collective action and the identification of common priorities difficult tasks. Nonetheless, COMESA has taken many strides toward economic integration. In 2000, it successfully established a Free Trade Area (FTA) among nine member states (Djibouti, Egypt, Kenya, Madagascar, Malawi, Mauritius, Sudan, Zambia, and Zimbabwe) with the primary aim to facilitate regional integration through zero customs on goods traded amongst the members. Rwanda and Burundi (in 2004) and the Comoros and Libya (in 2006) later joined the FTA, there are currently 16 participating states with more COMESA members anticipated to join . Since the launch of the FTA, intra-COMESA trade has grown at an average of seven percent with a higher increase reflected between intra-Free Trade Area States . In 2009, COMESA launched its Customs Union, but it is yet to be fully operational. The organisation has also produced a host of initiatives to enhance trade facilitation. These include, but are not limited to, projects to improve transport and communication systems and protocols for the hauling and processing of goods at borders.

Looking forward, COMESA’s target of becoming a monetary union by 2025 is drawing closer. However, many international and regional observers doubt whether this goal is achievable as, more than a decade since its launch, COMESA has not managed to operationalize its Customs Union. Yet, regardless of this, officials of several member states strongly opine that achieving monetary integration is possible, but it is dependent on several factors. This includes the need for larger and deeper financial markets, more competitive banking sectors, stronger institutional and regulatory environments, and more transparent central bank s. Now, with COVID-19 throwing a spanner into the works and taking into consideration the severe economic impact it has had on African states, it will be interesting to observe how COMESA proceeds to achieve deeper economic integration.

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Official website http://www.comesa.int

Evolution of PTA/COMESA The Common Market for Eastern and Southern Africa traces its genesis to the mid 1960s. The idea of regional economic co-operation received considerable impetus from the buoyant and optimistic mood that characterised the post-independence period in most of Africa. The mood then was one of pan-African solidarity and collective self-reliance born of a shared destiny. It was under these circumstances that, in 1965, the United Nations Economic Commission for Africa (ECA) convened a ministerial meeting of the then newly independent states of Eastern and Southern Africa to consider proposals for the establishment of a mechanism for the promotion of sub-regional economic integration. The meeting, which was held in Lusaka, Zambia, recommended the creation of an Economic Community of Eastern and Central African states.

An Interim Council of Ministers, assisted by an Interim Economic Committee of officials, was subsequently set up to negotiate the treaty and initiate programmes on economic co-operation, pending the completion of negotiations on the treaty. In 1978, at a meeting of Ministers of Trade, Finance and Planning in Lusaka, the creation of a sub-regional economic community was recommended, beginning with a sub-regional preferential trade area which would be gradually upgraded over a ten-year period to a common market until the community had been established. To this end, the meeting adopted the "Lusaka Declaration of Intent and Commitment to the Establishment of a Preferential Trade Area for Eastern and Southern Africa" (PTA) and created an Inter-governmental Negotiating Team on the Treaty for the establishment of the PTA. The meeting also agreed on an indicative time-table for the work of the Intergovernmental Negotiating Team.

After the preparatory work had been completed a meeting of Heads of State and Government was convened in Lusaka on 21st December 1981 at which the Treaty establishing the PTA was signed. The Treaty came into force on 30th September 1982 after it had been ratified by more than seven signatory states as provided for in Article 50 of the Treaty.

The PTA was established to take advantage of a larger market size, to share the region's common heritage and destiny and to allow greater social and economic co-operation, with the ultimate objective being to create an economic community. The PTA Treaty envisaged its transformation into a Common Market and, in conformity with this, the Treaty establishing the Common Market for Eastern and Southern Africa, COMESA, was signed on 5th November 1993 in Kampala, Uganda and was ratified a year later in Lilongwe, Malawi on 8th December 1994.

It is important to underline the fact that the establishment of PTA, and its transformation into COMESA, was in conformity with the objectives of the Lagos Plan of Action (LPA) and the Final Act of Lagos (FAL) of the Organisation of African Unity (Organisation of African unity). Both the LPA and the FAL envisaged an evolutionary process in the economic integration of the continent in which regional economic communities would constitute building blocks upon which the creation of an African Economic Community (AEC) would ultimately be erected.

Changes in the Regional Economy Up until the late 1980s and early 1990s most COMESA countries followed an economic system which involved the state in nearly all aspects of production, distribution and marketing, leaving the private sector to play a minor economic role. This system promoted import substitution and subsidised consumption.

The inefficiencies inherent in this system contributed significantly to the economic decline of the PTA/COMESA region. For example, by the mid 1990s:

Gross domestic investment had fallen consistently for 20 years to a level below a minimum investment ratio of the required 20% of GDP needed to cover depreciation and repair costs; foreign direct investment (FDI) in Africa was negligible, at approximately 1 per cent of GDP, representing 0.8 per cent of all FDI and 2.1 per cent of FDI going into all developing countries.
The share of exports from sub-Saharan Africa in world exports declined from 2.5% in 1970 to 1% in 1990, while its share in developing country exports declined from 13.2% to 4.9% in the same period.
External debt of the COMESA region had, by the early 1990s, increased twenty-fold since 1970. Debt service ratios, which in 1970 were insignificant, averaged 45 per cent of export earnings in 1989-90, making the region one of the most heavily indebted in the world. The aggregate external debt owed by sub-Saharan Africa, including South Africa, was US$318 billion in 1994, compared to external financing to all African countries of about US$15 billion in 1996.
Although industrial output grew in the 1960s and 1970s, this was followed by a sharp decline as a result of entrenched structural rigidities, weak inter-industry and inter-sectoral linkages, lack of access to advanced technologies and poor institutional and physical infrastructure. The African continent's share of world manufacturing value added (MVA) rose from 0.7 per cent in 1970 to 1 per cent in 1982 and fell to 0.8 per cent in 1994.

Thus from 1960 up until the mid-1990s, the economic growth of the COMESA region averaged 3.2 per cent a year, a figure marginally above the level of the region's population growth. By 1993, this region of about 280 million people then (excluding Egypt), which had more than doubled its population since independence, had a total GDP of around US$90 billion, and included fifteen of the twenty-three States classified as Least Developed Countries (LDC's) by the United Nations.

Common Market for Eastern and Southern Africa—COMESA

First Online: 12 March 2023

Cite this chapter

Stephen M. Magu 2

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2 Citations

This chapter addresses the Preferential Trade Area (PTA) and its successor REC, the Common Market for Eastern and Southern Africa (COMESA), which was the first Regional Economic Community ((REC) or at least its precursor) to be formed in the immediate period after the Abuja Accord in 1981. Besides ECOWAS, PTA was one of the first economic communities formed for the express purpose of trade and economic cooperation in the region. In Abuja, the OAU decided to work to establish the African Economic Community (AEC) through RECs. RECs would also serve as pillars of continental integration. It outlines PTA’s formation, to ‘enhance cooperation among member-states in the development of their natural and human resources for the benefit of their people.‘ PTA sought to address problems caused by the failure of attempts at federation in Eastern and Central Africa, the need for a sub-regional economic organization as a counterweight to apartheid South Africa and its destabilization of the economies of southern African states, and the glaring need to adopt forms of collective self-sustaining development, the latter geared to reduction of their continued dependence on aid from the Global North. The chapter goes through the signing of the COMESA treaty in 1993 in Uganda, with the goal of forming an FTA that eliminates non-tariff barriers (NTBs) among member states, formation of a customs union with common external tariff (CET) and formation of a monetary union with common currency to be issued by a (common) central bank. It also highlights COMESA’s decision to distribute some of its programs and agencies across membership and assesses the quantitative data on the overall impact of COMESA on the security, economic development and governance.

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WTO, “Global trade growth loses momentum as trade tensions persist,” W orld Trade Organization —WTO Press / 837 / Press Release, 2 April 2019, https://www.wto.org/english/news_e/pres19_e/pr837_e.htm .

COMESA, “Overview of COMESA,” COMESA , (Web), May 2021. https://www.comesa.int/overview-of-comesa/

Martin Guy,“The Preferential Trade Area (PTA) for Eastern and Southern Africa: Achievements, Problems and Prospects,” Africa Spectrum , 1989 , Vol. 24, No. 2 (1989): 160.

African Union, “Evolution of PTA/COMESA,” The African Union (AU ), https://au.int/en/recs/comesa .

Siteke G. Mwale, “An historical background to the formation of COMESA,” In Victor Murinde, Ed., The Free Trade Area of the Common Market for Eastern and Southern Africa , (New York: Routledge, 2017), 32.

Mwale, “An historical background to the formation of COMESA,” (2017), 32.

Henry Tumwebaze Karamuriro, “An Econometric Analysis of COMESA Exports and Economic Growth Performance (1980–2010),” In Siddhartha Sarkar, ed., International Journal of Economic and Political Integration: Vol.5, Nos.1–2 ( 2015 ), (Boca Raton, FL: Brown Walker Press, 2015), 30.

Martin Guy,“The Preferential Trade Area,” ( 1989 ): 158.

Martin Guy, “The Preferential Trade Area,” ( 1989 ): 158.

P. Godfrey Okoth, “The Preferential Trade Area for Eastern and Southern African States and its East African Community Heritage,” Journal of Eastern African Research & Development , Vol. 20 (1990): 162 https://www.jstor.org/stable/24326216 .

Peter Nanyenya Takirambudde, “The legal structure of trade liberalisation under the Treaty establishing the Preferential Trade Area for Eastern and Southern Africa: Yesterday’s vision and today’s reality,” The Comparative and International Law Journal of Southern Africa , Vol. 27, No. 1 (March 1994): 1. https://www.jstor.org/stable/23249443 .

Martin Guy, “The Preferential Trade Area,” ( 1989 ).

Takirambudde, “The legal structure of trade liberalisation,” ( 1994 ), 1.

Takirambudde, “The legal structure of trade liberalisation,’ (March 1994): 2.

Martin Guy, “The Preferential Trade Area” ( 1989 ): 159–160.

Shadrack Wanjala Nasong’o, “Common Market for Eastern and Southern Africa,” In Dickson Eyoh and Paul Tiyambe Zeleza, Eds., Encyclopedia of Twentieth-Century African History , (New York: Routledge, 2003), 128.

James Thuo Gathii, African Regional Trade Agreements as Legal Regimes , (New York: Cambridge University Press, 2011), 166.

Nasong’o, “Common Market for Eastern and Southern Africa,” ( 2003 ), 127.

Gathii, African Regional trade Agreements , ( 2011 ).

Maika Oshikawa, Ukamaka Anaedu and Vicky Chemutai, “Trade Policy in Africa: Empirical Evidence from Twenty Years of WTO Trade Policy Reviews,” In Patrick Low, Chiedu Osakwe and Maika Oshikawa, Eds., African Perspectives on Trade and the WTO: Domestic Reforms, Structural Transformation, and Global economic Integration , (Cambridge: Cambridge University Press, 2016).

Anon, “Common Market for Eastern and Southern Africa: Treaty Establishing,” 33 I.L.M. 1067 (1994), International Legal Materials , Vol. 33, No. 5 (SEPTEMBER 1994): 1067–1124. https://www.jstor.org/stable/20698378 .

Mathews Lungu, “Treaty Establishing the Common Market for Eastern and Southern Africa,” 9th July, 2020, Annex 3, Article 1, #2 & 3. https://www.comesa.int/wp-content/uploads/2020/07/Comesa-Treaty.pdf .

Lungu, “Treaty Establishing the Common Market,” Chapter 31, Article 171, item # 4.

Wycliffe Oboka, Ephalina Maina and Atieno Odhiambo, History and Government Form 4 , (Nairobi: EAEP, 2007).

Shapi Shacinda, “COMESA: Africa’s First Free Trade Area,” Review of African Political Economy , Vol. 28, No. 87 (March 2001): 121–122, Civil Society, Kleptocracy & Donor Agendas: What Future for Africa? https://www.jstor.org/stable/4006703 .

Shacinda, “COMESA: Africa’s First Free Trade Area,” ( 2001 ).

Nicholas Ngepah and Maxwell C. Udeagha, “African Regional Trade Agreements and Intra-African Trade,” Journal of Economic Integration , Vol. 33, No. 1 (March 2018): 1176–1199. https://www.jstor.org/stable/10.2307/26418780 .

Anna Maria Mayda and Chad Steinberg, “Do South-South Trade Agreements Increase Trade? Commodity-Level Evidence from COMESA,” T he Canadian Journal of Economics / Revue canadienne d’Economique, Vol. 42, No. 4 (November 2009): 1361–1389. https://www.jstor.org/stable/40389534 .

WTO, “Dispute settlement,” World Trade Organization, (Web), May 2021. https://www.wto.org/english/tratop_e/dispu_e/dispu_e.htm .

WTO, “Appellate Body,” World Trade Organization, (Web), May 2021. https://www.wto.org/english/tratop_e/dispu_e/appellate_body_e.htm .

COMESA, ‘A Simple Guide to the COMESA Court of Justice,’ COMESA (Web). https://www.comesa.int/wp-content/uploads/2019/05/a-simple-guide-to-the-comesa-court-of-justice-.pdf .

COMESA, “A Simple Guide,” n.p.

COMESA Court of Justice, “Jurisdiction of the Court,” COMESA (Web). https://comesacourt.org/jurisdiction-2/

COMESA Court of Justice, “Jurisdiction of the Court,” n.d.

International Justice Resource Center, “Common Market for Eastern and Southern Africa Court of Justice,” May 2021, IJR Center . https://ijrcenter.org/regional-communities/common-market-for-eastern-and-southern-africa-court-of-justice/

James Thuo Gathii, “The COMESA Court of Justice,” In Robert Howse, Hélène Ruiz-Fabri, Geir Ulfstein and Michelle Q. Zang, Eds., The Legitimacy of International Trade Courts and Tribunals , (Cambridge: Cambridge University Press, 2018), 315.

Gathii, “The COMESA Court of Justice,” ( 2018 ), 315.

Cheryl Thompson-Barrow, Bringing Justice Home: The Road to Final Appellate and Regional Court Establishment , (London: Commonwealth Secretariat, 2008).

Suleiman Haji Suleiman, “Why Tanzania Withdrawn Its Membership from the Common Market for Eastern and Southern Africa COMESA?” International Affairs and Global Strategy , Vol. 69, ( 2019 ): 28–34 https://doi.org/10.7176/IAGS/69-03

Leonard Obura Aloo, “Free Movement of Goods in the EAC,” In Ugirashebuja Emmanuel, Ruhangisa John Eudes, Ottervanger Tom and Cuyvers Armin, Eds., East African Community Law: Institutional, Substantive and Comparative EU Aspects , (Leiden: Brill, 2017), 324.

Karamuriro, “ An Econometric Analysis ,” ( 2015 ), 30.

Mohamed El Dahshan, “Egypt signs Tripartite Free Trade Area Agreement: A Good Idea on Paper?” The Tahrir Institute for Middle East Policy , July 7th, 2015. https://timep.org/commentary/analysis/tripartite-free-trade-area/

DW, “Half of Africa joins in a free trade zone,” DW Business , May 2021. https://www.dw.com/en/half-of-africa-joins-in-a-free-trade-zone/a-18507725 .

Scholvin, Sören, “Developmental Regionalism and Regional Value Chains: Pitfalls to South Africa’s Vision for the Tripartite Free Trade Area,” Africa Spectrum , Vol. 53, No. 3, ( 2018 ): 115–129. http://nbn-resolving.org/urn:nbn:de:gbv:18-4-11602 .

El Dahshan, “Egypt signs Tripartite Free Trade Area Agreement,” ( 2015 ).

Soamiely Andriamananjara, “Understanding the importance of the Tripartite Free Trade Area,” Brookings Institution—Africa in Focus, Wednesday, June 17, 2015. https://www.brookings.edu/blog/africa-in-focus/2015/06/17/understanding-the-importance-of-the-tripartite-free-trade-area/

COMESA, “COMESA Institutions,” May, 2021, (Web). https://www.comesa.int/comesa-institutions-3/

African Union. “Evolution of PTA/COMESA.” (Web). https://au.int/en/recs/comesa

Aloo, Leonard Obura. “Free Movement of Goods in the EAC.” In East African Community Law: Institutional, Substantive and Comparative EU Aspects . Edited by Ugirashebuja Emmanuel, Ruhangisa John Eudes, Ottervanger Tom and Cuyvers Armin. Leiden: Brill, 2017

Google Scholar

COMESA. “COMESA Institutions.” May, 2021. (Web). https://www.comesa.int/comesa-institutions-3/

COMESA. “A Simple Guide To The COMESA’s Court of Justice.” COMESA (Web). May, 2021. https://www.comesa.int/wp-content/uploads/2019/05/a-simple-guide-to-the-comesa-court-of-justice-.pdf

COMESA. “ Implementation of the Tripartite FTA Agreement Now in Sight.” COMESA Latest News , Lusaka, Tuesday, February 25, 2020. https://www.comesa.int/implementation-of-the-tripartite-free-trade-area-now-in-sight/

COMESA. “Overview of COMESA.” COMESA . (Web), May 2021. https://www.comesa.int/overview-of-comesa/

COMESA Court of Justice. “Jurisdiction of the Court.” COMESA (Web). May 2021. https://comesacourt.org/jurisdiction-2/

“Common Market for Eastern and Southern Africa: Treaty Establishing.” 33 I.L.M. 1067 (1994). “ International Legal Materials , Vol. 33 No. 5 (September 1994): 1067–1124. https://www.jstor.org/stable/20698378

DW (Deutsche Welle). “Half of Africa joins in a free trade zone.” DW Business , May 2021. https://www.dw.com/en/half-of-africa-joins-in-a-free-trade-zone/a-18507725

“Eastern and Southern African States: Treaty for the Establishment of a Preferential Trade Area,” (May 1982).“ International Legal Materials , Vol. 21, No. 3: 479–541. https://www.jstor.org/stable/20692442

El Dahshan, Mohamed. “Egypt Signs Tripartite Free Trade Area Agreement: A Good Idea on Paper?” The Tahrir Institute for Middle East Policy , July 7th, 2015. https://timep.org/commentary/analysis/tripartite-free-trade-area/

Gathii, James Thuo. African Regional Trade Agreements as Legal Regimes . New York: Cambridge University Press, 2011

Gathii, James Thuo. “The COMESA Court of Justice.” In The Legitimacy of International Trade Courts and Tribunals . Edited by Robert Howse, Hélène Ruiz-Fabri, Geir Ulfstein and Michelle Q. Zang. Cambridge: Cambridge University Press, 2018

Gathii, James Thuo and Harrison Otieno Mbori. “Reference Guide to Africa’s International Courts: An Introduction.” In The Performance of Africa’s International Courts: Using Litigation for Political, Legal, and Social Change . Oxford: Oxford University Press, 2020

International Justice Resource Center. “Common Market for Eastern and Southern Africa Court of Justice.” IJRC, May 2021 (Web). https://ijrcenter.org/regional-communities/common-market-for-eastern-and-southern-africa-court-of-justice/

Karamuriro, Henry Tumwebaze. “An Econometric Analysis of COMESA Exports and Economic Growth Performance (1980-2010).” In International Journal of Economic and Political Integration, Vol. 5 Nos.1–2 (2015). Edited by Siddhartha Sarkar. Boca Raton, FL: Brown Walker Press, 2015

Lungu, Mathews. “Treaty Establishing the Common Market for Eastern and Southern Africa.” 09/07/2020. COMESA . https://www.comesa.int/wp-content/uploads/2020/07/Comesa-Treaty.pdf

Takirambudde, Peter Nanyenya. “The Legal Structure of Trade Liberalisation Under the Treaty Establishing the Preferential Trade Area for Eastern and Southern Africa: Yesterday’s Vision and Today’s Reality.” The Comparative and International Law Journal of Southern Africa , Vol. 27 No. 1 (March 1994): 1–26. https://www.jstor.org/stable/23249443

Martin, Guy. The Preferential Trade Area (PTA) for Eastern and Southern Africa: Achievements, Problems and Prospects. “(1989)” Africa Spectrum , Vol. 24 No. 2: 157–71. http://www.jstor.org/stable/40174356

Mayda, Anna Maria and Chad Steinberg. “Do South-South Trade Agreements Increase Trade? Commodity-Level Evidence from COMESA.” The Canadian Journal of Economics / Revue canadienne d’Economique, Vol. 42 No. 4 (November 2009): 1361–1389. https://www.jstor.org/stable/40389534

Mwale, Siteke G. “An Historical Background to the Formation of COMESA.” In The Free Trade Area of the Common Market for Eastern and Southern Africa . Edited by Victor Murinde. New York: Routledge, 2017

Nasong’o, Shadrack Wanjala. “Common Market for Eastern and Southern Africa.” In Encyclopedia of Twentieth-Century African History . Edited by Dickson Eyoh and Paul Tiyambe Zeleza. New York: Routledge, 2003

Ngepah, Nicholas and Maxwell C. Udeagha. “African Regional Trade Agreements and Intra-African Trade.” Journal of Economic Integration , Vol. 33 No. 1 (March 2018): 1176–1199. https://www.jstor.org/stable/ https://doi.org/10.2307/26418780

Oboka, Wycliffe, Ephalina Maina and Atieno Odhiambo. History and Government Form 4 . Nairobi: East African Educational Publishers, 2007

Okoth, P. Godfrey. “The Preferential Trade Area for Eastern and Southern African States and its East African Community Heritage,” Journal of Eastern African Research & Development , Vol. 20 (1990): 162–185. https://www.jstor.org/stable/24326216

Oshikawa, Maika, Ukamaka Anaedu and Vicky Chemutai. “Trade Policy in Africa: Empirical Evidence from Twenty Years of WTO Trade Policy Reviews.” In African Perspectives on Trade and the WTO: Domestic Reforms, Structural Transformation, and Global economic Integration . Edited by Patrick Low, Chiedu Osakwe and Maika Oshikawa. Cambridge: Cambridge U.P., 2016

Shacinda, Shapi. “COMESA: Africa’s First Free Trade Area.” Review of African Political Economy , Vol. 28 No. 87 (March 2001): 121–122, Civil Society, Kleptocracy & Donor Agendas: What Future for Africa? https://www.jstor.org/stable/4006703

Scholvin, Sören. “Developmental Regionalism and Regional Value Chains: Pitfalls to South Africa’s Vision for the Tripartite Free Trade Area.” Africa Spectrum , Vol. 53 No. 3 (2018): 115–129. http://nbn-resolving.org/urn:nbn:de:gbv:18-4-11602

Suleiman, Haji Suleiman. “Why Tanzania Withdrawn […] Its Membership from the Common Market for Eastern and Southern Africa COMESA?” International Affairs and Global Strategy , Vol. 69 (2019): 28–34. https://doi.org/10.7176/IAGS/69-03

Article Google Scholar

Thompson-Barrow, Cheryl. Bringing Justice Home: The Road to Final Appellate and Regional Court Establishment . London: Commonwealth Secretariat, 2008

WTO. “Appellate Body.” World Trade Organization , (Web), May 2021. https://www.wto.org/english/tratop_e/dispu_e/appellate_body_e.htm

WTO. “Dispute settlement.” World Trade Organization . (Web), May 2021. https://www.wto.org/english/tratop_e/dispu_e/dispu_e.htm

Zamfir, Ionel. “The Tripartite Free Trade Area project Integration in southern and eastern Africa.” EPRS | European Parliamentary Research Service , PE 551.308, March, 2015. https://www.europarl.europa.eu/RegData/etudes/BRIE/2015/551308/EPRS_BRI%282015%29551308_EN.pdf

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Magu, S.M. (2023). Common Market for Eastern and Southern Africa—COMESA. In: Towards Pan-Africanism. Palgrave Macmillan, Singapore. https://doi.org/10.1007/978-981-19-8944-5_7

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The Common Market for Eastern and Southern Africa

COMESA, the Common Market for Eastern and Southern Africa, was formed in 1994 to replace the former Preferential Trade Area (PTA) which had existed from the earlier days of 1981. COMESA (as defined by its Treaty) was established ‘as an organisation of free independent sovereign states which have agreed to co-operate in developing their natural and human resources for the good of all their people’ and as such it has a wide-ranging series of objectives which necessarily include in its priorities the promotion of peace and security in the region. However, due to COMESA’s economic history and background its main focus is on the formation of a large economic and trading unit that is capable of overcoming some of the barriers that are faced by individual states. COMESA’s current strategy can thus be summed up in the phrase ‘economic prosperity through regional integration’ . With its 21 Member States, population of over 640 million, a Gross Domestic Product of USD 1.0 trillion, a global export/import trade in goods worth USD 383 billion, COMESA forms a major market place for both internal and external trading. Geographically, COMESA covers almost two thirds of the African Continent with an area of 12 million km².

The COMESA covers 21 countries and its Secretariat is based in Lusaka, Zambia. The Member States are : Burundi, Comoros, Congo (Democratic Republic), Djibouti, Egypt, Eritrea, Eswatini, Ethiopia, Kenya, Libya, Madagascar, Malawi, Mauritius, Rwanda, Seychelles, Somalia, Sudan, Tunisia, Uganda, Zambia and Zimbabwe (see map on the right).

WOAH and COMESA signed a Memorandum of Understanding (MoU) in 2018 and covers various areas of interest to the present project proposal, such as:

Coordination and harmonization of control of Transboundary Animal Diseases (TADs) (…);
Design and implementation of epidemiological surveillance, disease reporting and animal health information systems;
Development of regional guidelines for trade in animals and animal products;
Preparation of the relevant applications by COMESA Member States, for official recognition by WOAH of freedom from specific diseases at national or zonal level, with or without vaccination, in order to facilitate regional and international market access for animals and animal products;
Strengthening of the Veterinary Services of COMESA Member States, based on outcomes of PVS Pathway missions, amongst others through support for the organisation of training courses in academic institutions in the veterinary field and the field of animal production food safety.

All Member States of COMESA are also WOAH Members (21 Members). The 2018 MoU is currently being renewed.

COMESA’s 2016 – 2020 SPS Strategy aims to attain “a fully integrated, internationally competitive regional economic community which promotes shared prosperity and improved livelihoods for all its people”. It aims to deliver “effective, risk-based, harmonised SPS measures efficiently implemented to facilitate safe regional and international trade” through :

Effective, risk-based measures.
Harmonised measures.
Efficient implementation to facilitate trade.
Regional and international trade.

It makes specific reference to the evaluation of the Performance of Veterinary Services (PVS) as one of the SPS Capacity Evaluation Tools.

More information

Sps strategy (2016 - 2020).

Global Insights
By Trade Bloc

COMESA: Introduction

The Common Market for Eastern and Southern Africa (COMESA) is a free trade area that encompasses 19 countries stretching from Libya to Zimbabwe. COMESA was established when a treaty was signed on November 5, 1993, in Kampala, Uganda, and then ratified the following year in Lilongwe, Malawi, on December 8, 1994. It replaced the former Preferential Trade Area (PTA) that existed in 1981. COMESA was established as an “organization of free independent sovereign states which have agreed to cooperate in developing their natural and human resources for the good of all their people”. However, due to its economic and historical background, its current main focus is upon the formation of a large economic and trading unit that is capable of overcoming some of the trade barriers put in place within individual states.

From the Blog

Africa's New Free Trade Zone: The Tripartite Free Trade Area (TFTA)

6/11/2015 8:56:04 AM

Member Countries

Member Countries

Official COMESA Website

Regional Economic Communities (REC)

Common Market for Eastern and Southern Africa (COMESA)

East African Community
Economic Community of West African States (ECOWAS)
Southern African Customs Union (SACU)
Countries & Regions

COMESA has a free trade area, with 19 member states, and launched a customs union in 2009.

COMESA countries include:

Common Market for Eastern and Southern Africa Trade & Investment Summary

U.S. goods exports to COMESA in 2022 were $10.2 billion, up 14.1 percent ($1.3 billion) from 2021 and up 7 percent from 2012. U.S. goods imports from COMESA totaled $9.4 billion in 2022, up 2.2 percent ($201 million) from 2021, and up 24 percent from 2012. The U.S. trade balance with COMESA shifted from a goods trade deficit of $221 million in 2021 to a goods trade surplus of $842 million in 2022.

U.S. foreign direct investment (FDI) in COMESA (stock) was $20.2 billion in 2022, a 6.6 percent increase from 2021.

COMESA's FDI in the United States (stock) was $5.2 billion in 2022, up 2.4 percent from 2021.

*NOTE: COMESA (19) countries include: Burundi, Comoros, Congo, Dem Rep., Djibouti, Egypt, Eritrea, Ethiopia, Kenya, Libya, Madagascar, Malawi, Mauritius, Rwanda, Seychelles, Sudan, Swaziland, Uganda, Zambia, and Zimbabwe.

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Enhancing Intra-COMESA Trade through the creation of competitive markets

COMESA Competition Regulations – English

Jan 25, 2023

Part 1: preliminary, part 2: institutional arrangements, part 3: anti-competitive business practices and conduct, part 4: mergers and acquisitions, part 5: consumer protection, liability in respect of unsuitable goods.

HAVING REGARD TO Article 55 of the Treaty establishing the Common Market for Eastern and Southern Africa (COMESA) (hereinafter referred to as “the Treaty”);

RECOGNISING that anti-competitive practices may constitute an obstacle to the achievement of economic growth, trade liberalisation and economic efficiency in the COMESA Member States;

THAT the continued growth in regionalisation of business activities correspondingly increases the likelihood that anti-competitive practices in one country may adversely affect competition in another country;

THE NEED for Member States to give effect to the principles of Regional Competition Regulations and Rules and to use moderation and self-restraint in the interest of co-operation in the field of anti-competitive business practices;

THE DESIRABILITY of setting standards for procedures by which the regional competition agency can act as a forum for exchange of views, consultations and conciliation on matters related to anti-competitive practices affecting COMESA regional and international trade;

THAT THE GROWTH of foreign direct investment, trade, regional and sub-regional economic integration and co-operation have led to such restrictive business practices as price cartels, market sharing and other practices which adversely impact upon competition and therefore are inimical to consumer welfare;

CONSIDERING thereof that Member States should co-operate at regional level in the implementation of their respective national legislation in order to eliminate the harmful effects of anti-competitive practices;

CONSIDERING also that closer co-operation between COMESA Member States in the form of notification, exchange of information, co-ordination of actions, consultation among Member States should be encouraged;

CONSCIOUS of the relative presence of national competition authorities in Member States and the desirability of establishing national competition authorities in all COMESA Member States;

Article 1: Definitions and Interpretation

In these Regulations, unless the context provides otherwise:

“Anti-competitive” means a conduct which appreciably restrains competition between the Member States and is not otherwise exempt by law or authorised in a manner required by the Regulations;

“Arrangement” includes a contract, agreement or understanding whether or not legally enforceable;

“Common Market” means the Common Market for Eastern and Southern Africa (COMESA) established by Article 1 of the “Treaty”;

“Board” means the Board of Commissioners as established by COMESA Competition established by Article 6 of these Regulations;

“Commissioner” means a member of the Board of Commissioners;

“Common Market” means the Common Market for Eastern and Southern Africa (COMESA) established by Article 1 of the “Treaty”;

“Competition” means the striving or potential striving of two or more persons or organisations engaged in production, distribution, supply, purchase or consumption of goods and services in a given market against one another which results in greater efficiency, high economic growth, increasing employment opportunities, lower prices and improved choice for consumers;

Concerted practice ” means an action planned and done in unison by a firm or combination of firms which is anti-competitive; “ Consumer ” includes any person –

who purchases or offers to purchase for the purpose of resale but does not purchases any goods for the purpose of using them in the production and manufacture of any other goods or articles for sale; and
to whom a service is rendered;

“Council” means the Council of Ministers of the Common Market established by Article 7 of the “Treaty”;

“Court” means the Court of Justice of the Common Market established by Article 7 of the “Treaty”;

“Dominant position” means a dominant position as stipulated in Article 17 of these Regulations;

“Goods” when used with respect to particular goods, includes any other goods that are reasonably capable of being substituted for them, taking into account ordinary commercial practice and geographical, technical and temporal constraints;

“Market” means a market in the Common Market and, when used in relation to any goods or services, includes a market for those goods or services and other goods or services that are substitutable for, or otherwise competitive with, the first-mentioned goods or services;

“Merger” means merger as defined in Article 23 of these Regulations;

“Member State” means a Member State of the Common Market;

“Person” means a natural or legal person;

“Respondent party” means a “person” against whom a complaint of a prohibited practice has been initiated under these Regulations;

“ Secretary-General ” means the Secretary General of the Common Market;

“ Services ” includes the sale of goods, where the goods are sold in conjunction with the rendering of a service;

“ Trade ” includes any business, industry, profession or occupation relating to the supply or acquisition of “goods” or “services”;

“ Treaty ” means the Treaty establishing the Common Market for Eastern and Southern Africa;

“ Undertaking ” includes any “person”, public or private, involved in the production of, or the trade in, goods, or the provision of services.

Article 2: Purpose of the Regulations

The purpose of these Regulations is to promote and encourage competition by preventing restrictive business practices and other restrictions that deter the efficient operation of markets, thereby enhancing the welfare of the consumers in the Common Market, and to protect consumers against offensive conduct by market actors.

Article 3: Scope of Application

These Regulations apply to all economic activities whether conducted by private or public persons within, or having an effect within, the Common Market, except for those activities as set forth under Article 4.
These Regulations apply to conduct covered by Parts 3, 4 and 5 which have an appreciable effect on trade between Member States and which restrict competition in the Common Market.
These Regulations shall have primary jurisdiction over an industry or a sector of an industry which is subject to the jurisdiction of a separate regulatory entity (whether domestic or regional) if the latter regulates conduct covered by Parts 3 and 4 of these Regulations. This Article does not apply to conduct expressly exempted by national legislation.

Article 4: Exclusions

Arrangements for collective bargaining on behalf of employers and employees for the purpose of fixing terms and conditions of employment;
Activities of trade unions and other associations directed at advancing the terms and conditions of employment of their members;
Activities of professional associations designed to develop or enforce professional standards reasonably necessary for the protection of the public interest.
These Regulations do not derogate from the direct enjoyment of the privileges and protections conferred by other laws protecting intellectual property, including inventions, industrial models, trademarks and copyrights. They do apply to the use of such property in such a manner as to cause the anti-competitive effects prohibited herein.

Article 5: Obligations of Member States

Pursuant to Article 5(2)(b) of the Treaty, Member States shall take all appropriate measures, whether general or particular, to ensure fulfillment of the obligations arising out of these Regulations or resulting from action taken by the Commission under these Regulations. They shall facilitate the achievement of the objects of the Common Market. Member States shall abstain from taking any measure which could jeopardize the attainment of the objectives of these Regulations.

Article 6: Establishment of the Commission

There is hereby established the COMESA Competition Commission which shall enjoy international legal personality.
the legal capacity required for the performance of its functions under the Treaty; and
power to acquire or dispose of movable and immovable property in accordance with the laws and regulations in force in each Member State.

Article 7: Functions of the Commission

The Commission shall apply the provisions of these Regulations with regard to trade between Member States and be responsible for promoting competition within the Common Market.
monitor and investigate anti-competitive practices of undertakings within the Common Market, and mediate disputes between Member States concerning anti-competitive conduct;
regularly review regional competition policy so as to advise and make representations to the Council with a view to improving on the effectiveness of the Regulations;
help Member States promote national competition laws and institutions, with the objective of the harmonisation of those national laws with the regional Regulations to achieve uniformity of interpretation and application of competition law and policy within the Common Market;
co-operate with competition authorities in Member States;
co-operate and assist Member States in the implementation of its decisions;
provide support to Member States in promoting and protecting consumer welfare;
facilitate the exchange of relevant information and expertise;
enter into such arrangements as will enhance its ability to monitor and investigate the impact of conduct outside the Common Market but which nevertheless has, or may have, an impact on trade between Member States;
be responsible for developing and disseminating information about competition policy and consumer protection policy; and
co-operate with other agencies that may be established or recognised by COMESA to monitor and regulate any specific sector.

Article 8: Powers of the Commission

The Commission may, in respect of trade between Member States, monitor, investigate, detect, make determinations or take action to prevent, inhibit and/or penalise undertakings.
order any person to appear before it to give evidence;
require the discovery or production of any document or part thereof; and
take any other reasonable action which may be necessary in furtherance of the investigation.
Based on the findings of the investigation, the Commission may make a determination that there has been a breach of the Regulations in that the conduct at issue has, or is likely to have, an appreciable negative competitive impact8. and is inconsistent with the objectives of the Common Market.
order the termination or nullification as the case may require of agreements, conduct, activities or decisions prohibited by Part 3 of these Regulations;
direct the enterprise to cease and desist from anti-competitive conduct and to take such steps as it believes may be necessary to overcome the effects of abuse of its dominant position in the market, or any other business conduct inconsistent with the principles as set out in these

Article 9: Appointment and Duties of Director

The Council shall appoint a citizen of a Member State to be the Director of the Commission.
The Director shall be responsible for administering the Commission’s affairs, funds and property and for performing any other functions that may be conferred or imposed upon him/her by or under these Regulations or that the Commission may delegate or assign to him/her.
Commissioners shall not be eligible for appointment as the Director.
The Director shall have suitable qualifications and experience in law, economics, commerce, industry or public administration.
The terms and conditions of the Director’s appointment shall be as fixed by the Board of Commissioners with the approval of the Council.
The Director shall hold office for a term of five years and shall be eligible for re- appointment only for one further term of five years.

Article 10: Removal of Director

The Director shall not be removed from office except by the Council for stated misbehavior or for inability to perform the functions of his office due to infirmity of mind or body or as rendered appropriate by applicable law.
The Director, on three months’ written notice addressed to the Council, may resign as Director.
The Council may remove the Director from office if that person becomes subject to any of the disqualifications referred to in Article 14 of these Regulations.

Article 11: Staff of the Commission

The Director, with the approval of the Board, may appoint one or more Deputy Director(s), Registrar and such other officers as may be necessary for the due administration of these Regulations.

Article 12: Board of Commissioners

There is hereby established the Board of Commissioners which shall be the supreme policy body of the Commission.

Article 13: Composition of the Board of Commissioners

The Board shall consist of not less than nine (9) and not more than thirteen (13) Commissioners appointed by the Council on the recommendation of the Secretary-General. The nominations of the Secretary-General shall reflect the regional character of the Common Market.
The Chairperson and the Vice-Chairperson shall be elected by the Board from among its members.
The persons to be recommended under paragraph 1 above shall be chosen for their ability and experience in competition law and policy, industry, commerce, public administration, labour, economics, law, consumer protection and small scale business matters. No person shall be recommended for appointment as a Commissioner unless he/she is a citizen of a Member State.
The Chairperson shall assign three of the Commissioners to be full-time members of the Board. The full-time Commissioners shall each have suitable qualifications and experience in law and economics and will form the committee responsible for initial determinations.
No member of the Board shall involve himself/herself in any way in the day to day administration of the Commission.

Article 14: Tenure of Commissioners

The Commissioners shall hold office for an initial term of three to five years.
No Commissioner may serve for more than two terms.
upon his/her death;
if the Commissioner is absent without reasonable excuse from three consecutive meetings of the Board of which there has been due notice;
if the Commissioner is lawfully detained or his/her freedom of movement is restricted for a period exceeding six months;
if a Commissioner becomes an un-discharged bankrupt;
if a Commissioner becomes of unsound mind or permanently incapacitated;
if a Commissioner engages in any activity that may undermine the integrity of the Commission and/or the Board or amounting to serious misconduct; or
ceases to be a citizen of any of a Member State.

Article 15: Functions of the Board

The Board may:
issue determination on any conduct prohibited in terms of Part 3 of these Regulations;
b) adjudicate on any other matter that may, in terms of these Regulations, be considered by it and make an order provided for in these Regulations;
hear appeals from, or review any decision of, the Commission that may, in terms of these Regulations, be referred to it;
hear appeals from initial determinations made by the committee responsible for determination;
make any ruling or order necessary or incidental to the performance of its functions in terms of these Regulations; and
delegate any of its functions to another COMESA agency established to co-ordinate and regulate a specific sector.
The Board may recommend to the Council Rules governing:
anything which under these Regulations is required or permitted to be prescribed;
any forms necessary or expedient for purposes of these Regulations;
any fees payable in respect of any service provided by the Commission; or
such other matters as are necessary or expedient for the better carrying out of the purposes of these Regulations.

Article 16: Restrictive Business Practices

may affect trade between Member States; and
have as their object or effect the prevention, restriction or distortion of competition within the Common Market.
Paragraph 1 applies only if the agreement, decision or concerted practice is, or is intended to be, implemented within the Common Market.
Any agreement or decision which is prohibited by paragraph 1 is void.
The provisions of paragraph 1 may, however, be declared inapplicable in the case of:
any agreement or category thereof between undertakings;
any decision by associations of undertakings;
impose on the undertakings concerned restrictions which are not indispensable to the attainment of these objectives;
afford such undertakings the possibility of eliminating competition in respect of a substantial market for the goods or services in question.

Article 17: Determination of a Dominant Position For the purposes of these Regulations:

an undertaking holds a dominant position in a market if by itself or together with an interconnected company, it occupies such a position of economic strength as will enable it to operate in the market without effective constraints from its competitors or potential competitors;
any two companies shall be treated as interconnected companies if one of them is a subsidiary or associate of the other, or both of them are subsidiaries of the same parent company;
a “dominant position” means an ability to influence unilaterally price or output in the Common Market or any part of it.

Article 18: Abuse of a Dominant Position Any abuse by one or more undertakings of a dominant position within the Common Market or in a substantial part of it shall be prohibited as incompatible with the Common Market in so far as it may affect trade between Member States, if it:

restricts, or is likely to restrict, the entry of any undertaking into a market;
prevents or deters, or is likely to prevent or deter, any undertaking from engaging in competition in a market;
eliminates or removes, or is likely to eliminate or remove, any undertaking from a market;
directly or indirectly imposes unfair purchase or selling prices or other restrictive practices;
limits the production of goods or services for a market to the prejudice of consumers;
as a party to an agreement makes the conclusion of such agreement subject to acceptance by another party of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of the agreement; or
engages in any business activity that results in the exploitation of its customers or suppliers, so as to frustrate the benefits expected from the establishment of the Common Market.

In determining whether an undertaking is in a dominant position, consideration shall be given to the:

relevant market defined in terms of the product and the geographic context;
level of actual or potential competition in terms of number of competitors, production capacity and product demand;
barriers to entry of competitors; and
history of competition and rivalry between competitors in the sector of activity.

Article 19: Prohibited Practices

It shall be an offence for undertakings engaged in the market in rival or potentially rival activities to engage in the practices appearing in paragraph 3 provided that this paragraph shall not apply where undertakings are dealing with each other in the context of a common entity wherein they are under common control or where they are otherwise not able to act independently of each other.
This Article applies to formal, informal, written and unwritten agreements, arrangements and understandings.
agreements fixing prices, which agreements hinder or prevent the sale or supply or purchase of goods or services between persons, or limit or restrict the terms and conditions of sale or supply or purchase between persons, or limit or restrict the terms and conditions of sale or supply or purchase between persons engaged in the sale of purchased goods or services;
collusive tendering and bid-rigging;
market or customer allocation agreements;
allocation by quota as to sales and production;
collective action to enforce arrangements;
concerted refusals to supply goods or services to a potential

Article 20: Request for Authorisation

while the authorisation remains in force no party to the contract, arrangement or understanding will be in breach of the applicable Articles of these Regulations by entering or giving effect to it;
authorisation may be granted to cover those who subsequently become parties to the contract, arrangement or understanding, as long as that is its expressed effect.
the names of the parties to each contract; and
the names of the parties to a proposed contract where those names are known to the applicant at the time when the application is made.
If an authorisation is granted in respect of a proposed contract the names of the parties to which were not so known to the applicant, the authorisation shall, by force of this paragraph, be deemed to be expressed to be subject to a condition that any party to the contract will, when so required by the Commission, furnish to the Commission the names of all the parties to the contract.
The undertaking concerned, or any other person with a substantial financial interest affected by a decision of the Commission in terms of this Article, may appeal that decision to the Board in the manner set forth in the Rules and Regulations.

Article 21: Determination of Anti-Competitive Conduct: Procedure of Commission on Request

Any person may request an investigation referred to in Article 8 where he/she has reason to believe that activity by an undertaking located in a Member State has the effect, or is likely to have the effect, of restricting competition in the Common Market.
Any consumer organisation which has reason to believe that activities by an undertaking in the Common Market have the effect, or are likely to have the effect, of restricting competition in the Common Market, may request an investigation as referred to in Article 8.
Requests under paragraphs 1 and 2 above shall be in writing and shall disclose sufficient information for the Commission to make a preliminary assessment whether it should proceed with the investigation.
the investigation is within the jurisdiction of the Commission, and
the investigation is justified in all the circumstances of the case
The consultations shall be concluded within 30 days of the date of receipt of the request for investigation, unless the Commission has determined that a longer period is necessary and has so notified the parties. In any event, that longer period shall not exceed 45 additional days from the date of notification from the Commission.
notify the interested parties;
complete the investigation within 180 days from the date of receipt of the request for the investigation; and
where the circumstances so warrant, extend the time period for completion of the investigation and notify the interested parties.
Where the Commission decides, following an investigation, that there has been a breach of the Regulations, it shall notify the Respondent party and shall afford that party an opportunity to defend its interest.
If the respondent party avails itself of the opportunity to be heard and the hearing has been convened, within 30 days from that hearing, the Commission shall notify the interested parties as to its determination both as regards to the breach of the Regulations and the sanctions to be imposed.
Within 10 days of the hearing mentioned in paragraph 8 above, the Commission will notify the interested parties of its determination.
cease its conduct immediately, and/or
pay a fine in an amount to be determined by the Commission; and/or
take whatever action the Commission deems necessary to remove and/or diminish the effect of the illegal conduct.
Within 15 days of the Commission’s notification, the affected party may appeal the Commission’s determination in the manner set forth in the Regulations.

Where a specific course of action is required pursuant to paragraph 10 above, the undertaking concerned shall do as directed within 30 days of the date of notification unless the Commission determines otherwise.

If the undertaking concerned cannot comply, it shall so notify the Commission and request an extension.

If the undertaking cannot comply within the time period specified and fails to inform the Commission, the Commission may apply to the relevant national court for an appropriate order.

Article 22: Determination of Anti-Competitive Conduct: Procedure of Commission on its own Initiative

Where the Commission has reason to believe that business conduct by an undertaking restrains competition in the Common Market, the Commission will so notify the undertaking involved and will launch an investigation.
The Commission shall complete its investigation within 180 days of the notification mentioned in paragraph 1 above, unless it determines that a longer period is necessary
the purchase or lease of the shares or assets of a competitor, supplier, customer or other person;
the amalgamation or combination with a competitor, supplier, customer or other person; or
any means other than as specified in sub-paragraph (a) or (b).
At the end of the investigation, the Commission shall notify the undertaking of its findings.
Within 20 days of the notification mentioned in paragraph 3 above, the undertaking in question may respond to the Commission to take issue with its findings.
If the undertaking fails to respond within the required time frame set out in paragraph 4 above, the Commission may proceed to assess sanctions pursuant to the process as set forth in paragraphs 8 to 13 of Article 21 of these Regulations.
any undertaking, means any interest which enables the holder thereof to exercise, directly or indirectly, any control whatsoever over the activities or assets of the undertaking; and
any asset, means any interest which enables the holder thereof to exercise, directly or indirectly, any control whatsoever over the asset.
both the acquiring firm and target firm or either the acquiring firm or target firm operate in two or more Member States; and
the threshold of combined annual turnover or assets provided for in paragraph 4 is exceeded.
a threshold of combined annual turnover or assets in the region, either in general or in relation to specific industries, at or above which this Article will apply with regard to mergers with a regional dimension;
a method for the calculation of annual turnover and assets.
“notifiable merger” means a merger or proposed merger with a regional dimension with a value at or above the threshold prescribed in terms of paragraph 4;
“non-notifiable merger” means a merger or proposed merger with a value below the threshold prescribed in terms of paragraph 4.
The Commission may require parties to a non-notifiable merger to notify the Commission of that merger if it appears to the Commission that the merger is likely to substantially prevent or lessen competition or is likely to be contrary to public interest.

Article 24: Notification of a Proposed Merger

A party to a notifiable merger shall notify the Commission in writing of the proposed merger as soon as it is practicable but in no event later than 30 days of the parties’ decision to merge.
Any notifiable merger carried out in contravention of this part shall have no legal effect and no rights or obligations imposed on the participating parties by any agreement in respect of the merger shall be legally enforceable in the Common Market.
Notification in terms of paragraph 1 shall be made in such form and manner as may be prescribed and shall be accompanied by the prescribed fee and such information and particulars as may be prescribed or as the Commission may reasonably require.
The Commission in addition to the sanction under paragraph (1) may impose a penalty if the parties to a merger fail to give notice of the merger as required by paragraph 1.
A penalty imposed in terms of paragraph 3 may not exceed ten per centum of either or both of the merging parties’ annual turnover in the Common Market as reflected in the accounts of any party concerned for the preceding financial year.
the nature, duration, gravity and extent of the contravention;
any loss or damage suffered as a result of the contravention;
the behaviour of the parties concerned;
the market circumstances in which the contravention took place;
the level of benefits derived from the contravention;
the degree to which the parties have co-operated with the Commission; and
whether the parties have previously been found in contravention of competition Regulations in the region.
Civil proceedings for the recovery of any penalty imposed in terms of paragraph (3) may be brought against the party or parties concerned by the Commission.
A Member State having attained knowledge of a merger notification submitted to the Commission may request the Commission to refer the merger for consideration under the Member State’s national competition law if the Member State is satisfied that the merger, if carried out, is likely to disproportionately reduce competition to a material extent in the Member State or any part of the Member State.
the Commission will deal with the case itself in order to maintain or restore effective competition on the market concerned and the region as a whole; or
the whole or part of the case will be referred to the competent authorities of the Member State concerned with a view to the application of that Member State’s national competition law.

Article 25: Merger Proceedings

Provided that if the notification is incomplete, the examination period begins on the day following receipt of complete information.
If, prior to the expiry of the 120-day period provided for in paragraph ( 1), the Commission has decided that a longer period is necessary, it shall so inform the parties and seek an extension from the Board.

Article 26: Consideration of a Merger

whether the merger is likely to result in any technological efficiency or other pro-competitive gain which will be greater than and offset the effects of any prevention or lessening of competition that may result or is likely to result from the merger and would not likely be obtained if the merger is prevented;
whether the merger can be justified on substantial public interest grounds by assessing the factors set out in paragraph 4.
the actual and potential level of import competition in the market;
the ease of entry into the market, including tariff and regulatory barriers;
the level, trends of concentration and history of collusion in the market; the degree of countervailing power in the market;
the likelihood that the acquisition would result in the merged parties having market power;
the dynamic characteristics of the market including growth, innovation and product differentiation;
the nature and extent of vertical integration in the market;
whether the business or part of the business of a party to the merger or proposed merger has failed or likely to fail; and
whether the merger will result in the removal of efficient competition.
has lessened substantially or is likely to lessen substantially the degree of competition in the Common Market or any part thereof; or
has resulted, or is likely to result in, or strengthen a position of dominance which is or will be contrary to the public interest.
Maintaining and promoting effective competition between persons producing or distributing commodities and services in the region;
promoting the interests of consumers, purchasers, and other users in the region, in regard to the prices, quality and variety of such commodities and services;
promoting through competition, the reduction of costs and the development of new commodities, and facilitating the entry of promoting through competition, the reduction of costs and the development of new commodities, and facilitating the entry of
For the purposes of determining whether or not to approve any merger, the Commission may, where necessary, undertake any inquiry to ascertain any competition concerns.
the nature of the proposed inquiry;
calling upon any interested persons who wish to submit written representations to the Commission in regard to the subject matter of the proposed inquiry.
declaring the merger unlawful, except to such extent and in such circumstance as may be provided by or under the order;
prohibiting or restricting the acquisition by any person named in the order of the whole or part of an undertaking or the assets of an undertaking, or the doing by that person of anything which will or may result in such an acquisition if the acquisition is likely, in the Commission’s opinion, to lead to a merger;
requiring any person to take steps to secure the dissolution of any organisation, whether corporate or unincorporated, or the termination of any association where the Commission is satisfied that the person is concerned in or is a party to a merger;
requiring that if any merger takes place, any party thereto who is named in the order shall observe such prohibitions or restrictions in regard to the manner in which he carries on business as are specified in the order;
generally making such provisions as, in the opinion of the Commission, are reasonably necessary to terminate or prevent the merger or alleviate its effects.
the transfer or vesting of property, rights, liabilities or obligations;
the adjustment of contracts, whether by their discharge or the reduction of any liability or obligation or otherwise;
the creation, allotment, surrender or cancellation of any shares, stocks or securities;
the formation or winding up of any undertaking or the amendment of the memorandum or articles of association or any other instrument regulating the business of any undertaking.
Provided that, if the order applies to persons generally or if, in the Commission’s opinion, it is impractical to serve it individually on all the persons to whom it applies, the Commission shall take all reasonable steps to appropriately inform the concerned Member States.
The Commission may amend or revoke an order at any time
Any person aggrieved by the decision of the Commission, may appeal to the Board of Commissioners as prescribed by the Regulations.

Article 27: False or Misleading Representation

falsely represent that goods are of a particular standard, quality, value, grade, composition, style or model or have had a particular history or particular previous use;
falsely represent that services are of a particular standard, quality, value or grade;
falsely represent that goods are new;
falsely represent that a particular person has agreed to acquire goods or services;
falsely represent that goods or services have sponsorship, approval, performance characteristics, accessories, uses or benefits they do not have;
represent that the person has a sponsorship, approval or affiliation it does not have;
make a false or misleading representation with respect to the price of goods or services;
make a false or misleading representation concerning the availability of facilities for the repair of goods or of spare parts for goods;
make a false or misleading representation concerning the place of origin of goods;
make a false or misleading representation concerning the need for any goods or services; or
make a false or misleading representation concerning the existence, exclusion or effect of any condition, warranty, guarantee, right or remedy.

Article 28: Unconscionable Conduct in Consumer Transactions

A person shall not, in trade or commerce, in connection with the supply or possible supply of goods or services to a person, engage in conduct that is, in all the circumstances, unconscionable.
the relative strengths of the bargaining positions of the person and the consumer;
whether, as a result of conduct engaged in by the person, the consumer was required to comply with conditions that were not reasonably necessary for the protection of the legitimate interests of the person;
whether the consumer was able to understand any documents relating to the supply or possible supply of the goods or services;
whether any undue influence or pressure was exerted on, or any unfair tactics were used against, the consumer or a person acting on behalf of the consumer by the person acting on behalf of the person in relation to the supply or possible supply of the goods or services; and
the amount for which, and the circumstances under which, the consumer could have acquired identical or equivalent goods or services from another supplier.
A person shall not be taken for the purposes of this Article to engage in unconscionable conduct in connection with the supply or possible supply of goods or services to a person by reason only that the person institutes legal proceedings in relation to that supply or possible supply or refers a dispute or claim in relation to that supply or possible supply to arbitration.
the Commission shall not have regard to any circumstances that were not reasonably foreseeable at the time of the alleged contravention; and
the Commission may have regard to conduct engaged in, or circumstances existing, before the commencement of these Regulations.
A reference in this paragraph to goods or services is a reference to goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption.
A reference in this paragraph to the supply or possible supply of goods does not include a reference to the supply or possible supply of goods for the purpose of re-supply or for the purpose of using them up or transforming them in trade or commerce.

Article 29: Unconscionable Conduct in Business Transactions

1. A person must not, in trade or commerce, in connection with:

(a) the supply or possible supply of goods or services to a person; or

(b) the acquisition or possible acquisition of goods or services from a person;

2. Without in any way limiting the matters to which the Commission may have regard for the purpose of determining whether a person (the supplier) has contravened paragraph 1 in connection with the supply or possible supply of goods or services to a person (the business consumer), the Commission may have regard to:

(a) the relative strengths of the bargaining positions of the supplier and the business consumer;

(b) whether, as a result of conduct engaged in by the supplier, the business consumer was required to comply with conditions that were not reasonably necessary for the protection of the legitimate interests of the supplier;

(c) whether the business consumer was able to understand any documents relating to the supply or possible supply of the goods or services;

(d) whether any undue influence or pressure was exerted on, or any unfair tactics were used against, the business consumer or a person acting on behalf of the business consumer by the supplier or a person acting on behalf of the supplier in relation to the supply or possible supply of the goods or services;

(e) the amount for which, and the circumstances under which, the business consumer could have acquired identical or equivalent goods or services from a person other than the supplier;

(f) the extent to which the supplier’s conduct towards the business consumer was consistent with the supplier’s conduct in similar transactions between the supplier and other like business consumers;

(g) the requirements of any applicable industry code;

(h) the requirements of any other industry code, if the business consumer acted on the reasonable belief that the supplier would comply with that code;

(i) the extent to which the supplier unreasonably failed to disclose to the business consumer:

i. any intended conduct of the supplier that might affect the interests of the business consumer; and

ii. any risks to the business consumer arising from the supplier’s intended conduct (being risks that the supplier should have foreseen would not be apparent to the business consumer);

(j) the extent to which the supplier was willing to negotiate the terms and conditions of any contract for supply of the goods or services with the business consumer; and

(k) the extent to which the supplier and the business consumer acted in good faith.

Article 30: Warning Notice to the Public

1. The Commission shall publish a notice in the Member States concerned containing one or both of the following:

(a) a statement that goods of a kind specified in the notice are under investigation to determine whether the goods will or may cause injury to any person;

(b) a warning of possible risks involved in the use of goods of a kind specified in the notice.

2. Where an investigation referred to in paragraph 1 has been completed, the Commission shall, as soon as practicable, by notice in writing published in the Member States involved or concerned, announce the results of the investigation, and shall announce in the notice whether, and if so, what action is proposed to be taken in relation to the goods under these Regulations.

Article 31: Product Safety Standards and Unsafe Goods

1. A person shall not, in trade or commerce, supply goods that are intended to be used, or are of a kind likely to be used, by a consumer if the goods are of a kind:

(a) in respect of which there is a prescribed consumer product safety standard and which do not comply with that standard;

(b) in respect of which there is in force a notice under this Article declaring the goods to be unsafe goods; or

2. A person shall not export goods, the supply in the Common Market of which is prohibited by paragraph 1 unless the Commission has, by notice in writing given to the person, approval for the export of those goods.

3. Where the Commission denies a request for approval as mentioned in paragraph (2) the affected party may appeal to the Board pursuant to the procedures set out in the Regulations.

(a) the supplying of goods by a person constitutes a contravention of this paragraph by reason that the goods do not comply with a prescribed consumer product safety standard;

(b) a person suffers loss or damage by reason of a defect in, or a

dangerous characteristic of, the goods or by reason of not having particular information in relation to the goods; and

(d) the person shall be deemed for the purposes of these Regulations to have suffered the loss or damage by the supplying of the goods.

(a) the supplying of goods by a person constitutes a contravention of this Article by reason that there is in force a

notice under this Article declaring the goods to be unsafe goods or imposing a permanent ban on the goods; and

(b) a person suffers loss or damage by reason of a defect in, or a dangerous characteristic of, the goods or by reason of not having particular information as to a characteristic of the goods;

(c) the person shall be deemed for the purposes of these Regulations to have suffered the loss or damage by the supplying of the goods.

Article 32: Product Information Standards

1. A person shall not, in trade or commerce, supply goods that are intended to be used, or are of a kind likely to be used, by a consumer, being goods of a kind in respect of which a consumer product information standard has been prescribed, unless the person has complied with that standard in relation to those goods.

2. The regulations may, in respect of goods of a particular kind, prescribe a consumer product information standard consisting of such requirements as to:

(a) the disclosure of information relating to the performance, composition, contents, methods of manufacture or processing, design, construction, finish or packaging of the goods; and

(b) the form and manner in which that information is to be disclosed on or with the goods;

(c) are reasonably necessary to give persons using the goods information as to the quantity, quality, nature or value of thev goods.

3. Paragraph (1) does not apply to goods that are intended to be used outside the Common Market.

4. If it is applied to goods – a statement that the goods are for export only; or

(a) a statement indicating by the use of words authorised by the Regulations to be used for the purposes of this Article that the goods are intended to be used outside the Common Market;

(b) it shall be presumed for the purposes of this paragraph, unless the contrary is established, that the goods are intended to be so used.

5. For the purposes of paragraph (4), a statement shall be deemed to be applied to goods if:

(a) the statement is woven in, impressed on, worked into or annexed or affixed to the goods; or

(b) the statement is applied to a covering, label, reel or thing in or with which the goods are supplied.

6. A reference in paragraph ( 5) to a covering includes a reference to a stopper, glass, bottle, vessel, box, capsule, case, frame or wrapper and a reference in that paragraph to a label includes a reference to a band or ticket.

7. The person shall be deemed, for the purposes of these Regulations, to have suffered the loss or damage by the supplying of the goods where:

(a) the supplying of goods by a person constitutes a contravention of this paragraph by reason that the person has not complied with a prescribed consumer product information standard in relation to the goods;

(b) a person suffers loss or damage by reason of not having particular information in relation to the goods; and

(c) the person would not have suffered the loss or damage if the person had complied with that standard in relation to the goods.

Article 33: Compulsory Product Recall

(a) a person (in this Article referred to as the “supplier”), in trade or commerce, supplies goods that are intended to be used, or are of a kind likely to be used, by a consumer;

(b) one of the following subparagraphs applies:

i. it appears to the Commission that the goods are goods of a kind which will or may cause injury to any person;

ii. the goods are goods of a kind in respect of which there is a prescribed consumer product safety standard and the goods do not comply with that standard;

iii. the goods are goods of a kind in relation to which there is in force a notice under Article 33.

c) it appears to the Commission that the supplier has not taken satisfactory action to prevent the goods causing injury to any person.

2. The Commission shall by appropriate notice in the Member States, require the supplier to do one or more of the following:

(a) take action within the period specified in the notice to recall the goods;

(b) disclose to the public, or to a class of persons specified in the notice, in the matter and within the period specified in the notice, one or more of the following:

i. the nature of a defect in, or a dangerous characteristic of, the goods identified in the notice;

ii. the circumstances, being circumstances identified in the notice, in which the use of the goods is dangerous; or

iii. procedures for disposing of the goods specified in the notice;

(c) inform the public, or a class of persons specified in the notice, in the matter and within the period specified in the

notice, that the supplier undertakes to do whichever of the following the supplier thinks is appropriate:

i. except where the notice identifies a dangerous characteristic of the goods – repair the goods;

ii. replace the goods;

iii. refund to a person to whom the goods were supplied (whether by the supplier or by another person) the price of the goods –

– within the period specified in the notice.

3. Prior to the publication by the Commission of the notice

Article 34: Power of the Commission to declare Product Safety or Information Standards

1. The Commission shall notify the public in the Member States concerned, that, in respect of goods of a kind specified in the notice, a particular standard, or a particular part of a standard, prepared or approved by a prescribed association or body, or such a standard or part of a standard with additions or variations specified in the notice, is a consumer product safety standard for the purposes of the Articles 31 and 32 of these Regulations.

2. Where a notice has been given, the standard, or the part of the standard, referred to in the notice, or the standard or part of a standard so referred to with additions or variations specified in the notice, as the case may be, shall be deemed to be a prescribed consumer product safety standard for the purposes of Articles 31 and 32, as the case may be.

(a) a person, in trade or commerce, supplies goods manufactured by the person to another person who acquires the goods for re-supply;

(b) a person (whether or not the person who acquired the goods from the Person) supplies the goods (otherwise than by way of sale by auction) to a consumer;

(c) the goods are acquired by the consumer for a particular purpose that was, expressly or by implication, made known to the Person, either directly, or through the person from whom the consumer acquired the goods or a person by whom any prior negotiations in connection with the acquisition of the goods were conducted;

(d) the goods are not reasonably fit for that purpose, whether or not that is a purpose for which such goods are commonly supplied; and

(e) the consumer or a person who acquires the goods from, or derives title to the goods through or under, the consumer suffers loss or damage by reason that the goods are not reasonably fit for that purpose –

– the Person is liable to compensate the consumer or that other person for the loss or damage and the consumer or that person may recover the amount of the compensation by action against the corporation in a court of competent jurisdiction.

2. Paragraph 1 does not apply:

(a) if the goods are not reasonably fit for the purpose referred to in paragraph (1) by reason of:

i) an act or default of any person (not being the corporation or a servant or agent of the Person); or

ii) a cause independent of human control;

occurring after the goods have left the control of the Person; or

(b) where the circumstances show that the consumer did not rely, or that it was unreasonable for the con sumer to rely, on the skill or judgement of the Person.

Article 36: Liability for Defective Goods causing Injury and Loss

1. If a Person, in trade or commerce, supplies goods manufactured by it; and the goods have a defect; and because of the defect, an individual suffers injuries or loss, then:

(a) the Person is liable to compensate the individual for the amount of the individual’s loss suffered as a result of the injuries; and

(b) the individual may recover that amount by action against the Person; and

2. If the individual dies because of the injuries referred to in paragraph 1 above, a law of COMESA or of a Member State about liability in respect of the death of individuals applies as if:

(a) the action were an action under the law of COMESA or of a Member State for damages in respect of the injuries; and

(b) the defect were the person’s wrongful act, neglect or default.

Article 37: Unidentified Manufacturer

1. If a person who wishes to institute a liability action does not know who manufactured the action goods, the person may serve on a supplier, or each supplier, of the action goods who is known to the person a written request to give the person particulars identifying:

(a) the person which manufactured the goods; or

(b) the supplier of the goods to the supplier requested.

2. If, 30 days after the person has made the request or requests, the person still does not know who manufactured the action goods, then the person, or each person, that is a supplier:

(a) to whom a request was made; and

(b) who did not comply with the request –

– is taken, for the purposes of the action, to have manufactured the action goods.

Article 38: Defences

1. In a liability action, it is a defence if it is established that:

(a) the defect in the action goods that is alleged to have caused the loss did not exist at the supply time; or

(b) they had that defect only because there was compliance with a mandatory standard for them; or

(c) the state of scientific or technical knowledge at the time when they were supplied by their actual manufacturer was not such as to enable that defect to be discovered; or

(d) if they were comprised in other goods (finished goods) – that defect is attributable only to:

i. the design of the finished goods; or

ii. the markings on or accompanying the finished goods; or

iii. the instructions or warnings given by the manufacturer of the finished goods.

Article 39: Rules

The Board may make Rules which shall become effective upon approval by the Council.

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The Common Market for Eastern and Southern Africa

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COMESA: Introduction

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Member Countries

Common Market for Eastern and Southern Africa (COMESA)

Enhancing Intra-COMESA Trade through the creation of competitive markets

COMESA Competition Regulations – English

Table of Contents

Article 1: Definitions and Interpretation

Article 2: Purpose of the Regulations

Article 3: Scope of Application

Article 4: Exclusions

Article 5: Obligations of Member States

Article 6: Establishment of the Commission

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