the cf-ec economic partnership agreement (epa) implementation roadmap -15 may 2009

Draft Reworked Roadmap-15 May 2009 (X)

DRAFT

REWORKED ROAD MAP FOR

IMPLEMENTATION OF THE

CARIFORUM-EC ECONOMIC PARTNERSHIP AGREEMENT IN

CHRONOLOGICAL ORDER

MAY 2009


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CONTENT

Page Nos. 1. IMMEDIATE (UPON SIGNATURE), UPON PROVISIONAL APPLICATION ] 1-33

(29 DECEMBER 2008) TO WITHIN 6 MONTHS: ] (i) Part I: Trade Partnership for Sustainable Development (Articles 1-85) ] 1

(ii) Title I: Trade in Goods - Chapter 1: Customs Duties (Articles 9-22) ] 1-2

(iii) Title I: Trade in Goods - Chapter 2: Trade Defense Instruments (Articles 23-25) ] 3 (iv) Title I: Trade in Goods - Chapter 3: Non-Tariff Measures (Articles 26-28) ] 3 (v) Title I: Trade in Goods - Chapter 5: Agriculture and Fisheries (Articles 37-43) ] 4-5 (vi) Title I: Trade in Goods - Chapter 6: Technical Barriers to Trade (Articles 44-51) ] 5 (vii) Title I: Trade In Goods - Chapter 7: Sanitary and Phytosanitary Measures ] 5-7

(Articles 52-59) ] (viii) Title II: Investment, Trade in Services and E-Commerce - Chapters 1-5: ] 7-21

Investment and Trade in Services (Articles 60 – 118) ] (a) Chapter 2 – Commercial Presence ] 7-11 (b) Chapter 3 – Cross Border Supply of Services ] 11-13 (c) Chapter 4 – Temporary Presence of Natural Persons for Business ] 13-14

Purposes ] (d) Chapter 5 – Regulatory Framework ] 14-21 (e) Chapter 7 – Cooperation ] 21

(ix) Title III – Current Payments and Capital Movement ] 22-23


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(x) Title II: Investment, Trade in Services and E-Commerce - Chapters 5 And 6: ] 23 Telecommunication Services and Electronic Commerce (Articles 119 – 121) ]

(xi) Title IV: Trade Related Matters - Competition (Articles 125-130) ] 23-25 (xii) Title IV: Trade Related Matters - Chapter 4: Environment1 ] 25-27 (Articles 3 and 183-190) ] (xiii) Title IV: Trade Related Matters - Chapter 5: Social Aspects (Articles 191-196) ] 27-29 (xiv) Part III: Dispute Avoidance and Settlement (Articles 202-223) ] 29 (xv) Part V: Institutional Provisions (Articles 227-232) ] 29 (xvi) Part VI – General and Final Provisions (Articles 233-250) ] 30 (xvii) Protocol I - Concerning the Definition of the Concept of “Originating Products” ] 30-31

and Methods of Administrative Cooperation ] (xviii) Protocol III On Cultural Cooperation ] 31-32

(xix) Joint Declaration on Development Cooperation ] 33

2. BY THE 31ST DECEMBER 2010: ] 34-38

(i) Part I: Trade Partnership for Sustainable Development (Articles 1-85) ] 34

(ii) Title IV: Trade in Goods - Chapter 1: Customs Duties (Articles 9-22) ] 34 (iii) Title IV: Trade Related Matters - Chapter 3: Public Procurement ] 34-38 (Articles 165-182) ]

1 Inclusive of a consideration of elements of Part I: Trade Partnership for Sustainable Development


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(iv) Joint Declaration on Development Cooperation ] 38 3. BY THE 31ST DECEMBER 2011: ] 39-40

(i) Title I: Trade In Goods - Chapter 1: Customs Duties (Articles 9-22) ] 39

(ii) Title I: Trade In Goods - Chapter 4: Customs and Trade Facilitation ] 39 (Articles 29-36) ]

(iii) Title I: Trade In Goods - Chapter 5: Agriculture and Fisheries (Articles 37-43) ] 39-40

(iv) Title II: Investment, Trade In Services and E-Commerce - Chapters 1-5: ]

Investment and Trade in Services (Articles 60-118) ] 40 (a) Chapter 5 – Regulatory Framework ] 4. BY THE 31ST DECEMBER 2012: ] 41

(i) Title I: Trade In Goods - Chapter 5: Agriculture and Fisheries (Articles 37-43) ] 41 5. BY THE 31ST DECEMBER 2013: ] 42-53

(i) Title II: Investment, Trade in Services and E-Commerce ] 42 Chapters 1-5: Investment and Trade iIn Services (Articles 60-118)

(ii) Title IV: Trade Related Matters - Competition (Articles 125-130) ] 42-44 (iii) Title IV: Trade Related Matters - Chapter 2: Innovation and Intellectual ] 44-45

Property, Section 1: Innovation (Articles 131-138) ]

(iv) Title IV: Trade Related Matters - Section 2: Intellectual Property ] 45-47 (Articles 131-132 and 139-164) ]


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(v) Title IV: Trade Related Matters - Chapter 3: Public Procurement ] 48-53 (Articles 165-182) ]

(vi) Part VI – General and Final Provisions (Articles 233-250) ] 53 6. BY THE 31ST DECEMBER 2014: ] 54

(i) Title IV: Trade Related Matters - Competition (Articles 125-130) ] 54 7. BY THE 31ST DECEMBER 2015: ] 55

(i) Title I: Trade In Goods - Chapter 1: Customs Duties (Articles 9-22) ] 55 (ii) Title I: Trade In Goods – Chapter 5: Agriculture and Fisheries ] 55 (Articles 37-43) ]

(iii) Title IV: Trade Related Matters - Chapter 6: Protection of Personal Data ] 55 (Articles 197-201) ] 8. BY THE 31ST DECEMBER 2021: ] 56

(i) Title IV: Trade Related Matters - Section 2: Intellectual Property ] 56 (Articles 131-132 and 139-164) ]

9. OTHERS ] 57

(i) Title IV: Trade Related Matters - Chapter 3: Public Procurement ] 57 (Articles 165-182) ]

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Issue Areas Actions to be Taken on National or Regional Levels

Implementation Timeline

Part I: Trade Partnership for Sustainable Development (Articles 1-85)

Monitoring. (Article 5)

National and Regional Individual Member States and CARIFORUM in general to continuously monitor the operation of the CARIFORUM-EC EPA, through their respective participative processes and institutions, as well as those set up under this Agreement.

Upon Provisional Application (29 December 2009) of the CARIFORUM-EC EPA.

Cooperation Priorities. (Article 8.1)

National and Regional Individual Member States and CARIFORUM in general to determine development needs and Aid for Trade priorities. Includes provision of - i. Technical assistance to build human, legal and institutional capacity

in CARIFORUM states;

ii. Support measures for promoting private sector and enterprise development;

iii. Assistance for the diversification of CARIFORUM exports of goods and services; and

iv. Cooperation for the development of CAIRFORUM innovative systems.



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Title I: Trade In Goods Chapter 1: Customs Duties (Articles 9-22)

Classification of Goods. (Article 12)

National CARIFORUM States, are required to ensure the Classification of Goods covered by the Agreement in the Harmonized Commodity Description and Coding System (HS) (2007 Revision) 2007, in accordance with the rules of classification thereto.

No later than six months after signature (15 October 2008) of CARIFORUM-EC Economic Partnership Agreement (EPA).

Customs Duties on Imports of Originating Products from the EC Party. (Article 16)

National Preparation and enactment of Legislation for prescribing of zero duty) on originating products or as provided in Annex III.

1 January 2009.

Arrangements with respect to Other Duties and Charges (ODCs). (Article 16.3)

National and Regional CARIFORUM States to notify the CARIFORUM-EC Trade and Development Committee of the EPA of ODCs currently being applied.

Within six months of signature (15 October 2008) of the CARIFORUM-EC EPA.

Annex II Application in the EC of tariff treatment on Customs Duties on Originating Sugar and Rice exported from CARIFORUM States.

National Early declaration by CARIFORUM States of shortfalls in deliveries under the Sugar Protocol for the marketing period 2008-2009 with a view to obtaining EC agreement to reallocate among CARIFORUM States in keeping with the Joint Declaration on Reallocation of Undelivered Quantities Under the Sugar Protocol.

Regional Determination by CARIFORUM States signatory to the Sugar Protocol of the share out of the 30,000 tonne quota allocated to them for the marketing period 2008-2009.

1 October 2009, Duty-free Quota-free market access.

Upon Application (29 December 2008) of the CARIFORUM-EC EPA.


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Rice CARIFORUM rice exporting States to take note of Interim zero tariff-

rate quota in place (in the EC market) with quota levels of 187,000 tonnes and 250,000 tonnes for 2008 and 2009 respectively.

CARIFORUM rice exporting States to note introduction of duty-

free/quota-free treatment of originating rice.

1 January 2008. 1 January 2010.

Title I: Trade In Goods Chapter 2: Trade Defense Instruments (Articles 23-25)

Antidumping and countervailing measures and safeguards. (Articles 23, 24 and 25)

National CARIFORUM States are to prepare and enact Antidumping and Countervailing and Safeguard Measures Legislation to permit action pursuant to the provisions of the Agreement.

Regional Preparation of Draft Model Legislation.


Title I: Trade In Goods Chapter 3: Non-Tariff Measures (Articles 26-28)

Prohibition of Quantitative Restrictions. (Article 26)

CARIFORUM States to discontinue import or export prohibitions or restrictions i.e. all quotas, import or export licenses or other measures, on originating imports and exports with the EC.


National Treatment on internal taxation and regulation. (Article 27)

CARIFORUM States to discontinue the discriminatory application of all laws, regulations and requirements affecting the internal sale between originating imports and like domestic products [Art.27(2)].


Agricultural export subsidies. (Article 28)

CARIFORUM States are not to introduce new export subsidies in respect of agricultural products, excluding fish and fish products [Art.28(1)].



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National and Regional CARIFORUM States are to monitor of the phase-out of existing export subsides by the EC on goods for which CARIFORUM States have committed to the elimination of Custom Duties [Art. 28.2].

Upon Provisional Application (29 December 2008) of the CARIFORUM-EC EPA – Ongoing matter for consideration of the Trade and Development Committee.

Title I: Trade In Goods Chapter 5: Agriculture and Fisheries (Articles 37-43)

Food Security. (Article 40)

National Focal points to be identified by Member States. Development of national rapid-response mechanisms to identify and examine deleterious effects of the implementation of the CARIFORUM-EC EPA on domestic agricultural, food and fisheries sectors and consumers, particularly in respect of the policy objective of food security.

Regional Consultations within the ambit of the Trade and Development Committee, to facilitate exchange of information and consultative process. Development, within CARIFORUM, of an EPA specific food security policy regime and regulatory framework which allows for the application of CARIFORUM-EC bilateral Safeguards in response to food security concerns.



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Traditional Agricultural Products. (Article 42)

National Development of national polices on traditional products.

Regional Coordination of relevant national polices.


National Conduct of seminars on commodity related policies regulations and market access opportunities and technical requirements.

Regional Development of a framework for continuous engagement of the EC in respect of coordinating negotiating positions with regard to maintenance of significant preferential market access for the CARICOM traditional products, in the multilateral Agriculture and Non-Agricultural Market Access negotiations. Coordination of CARIFORUM States’ policy positions, EPA implementation experiences and negotiating positions in the multilateral trade negotiations, with regard to traditional products. Monitoring by CARIFORUM States of trade policy development in the EC which may impact on trade in traditional agriculture products. Conduct of periodic consultations with regional stakeholders and relevant national Ministries.

Upon Provisional Application (29 December 2008) of the CARIFORUM-EC EPA. Upon Provisional Application (29 December 2008) of the CARIFORUM-EC EPA.

Title I: Trade In Goods Chapter 6: Technical Barriers to Trade (Articles 44-51)

Exchange of Information and Consultation. (Article 49)

National Each CARIFORUM State to designate National Contact Point for exchange of information [Art.49(1)].

Regional The Region to designate Regional Contact Point(s).



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The Region to agree on products on which information will be exchanged with the EC with a view to collaborating so that these products meet technical regulations and standards required to access the EC market [Art.49(5)].


Title I: Trade In Goods Chapter 7: Sanitary and Phytosanitary Measures (Articles 52-59)

Objectives. (Article 53) Capacity to identify prevent and minimize barriers and disruptions.

National and Regional CARIFORUM States to conduct a study to identify the non-trade barriers as result of measures to protect plant, animal and health; and develop an implementation schedule for removal. CARIFORUM States to establish, with the assistance of the EC, harmonized intra-regional SPS measures with a view to facilitating the recognition of equivalence of such measures with those existing in the EC. CARIFORUM States to determine the capacity building assistance needed from the EC in order to ensure compliance with the SPS measures of the EC Party.


Recognition of Equivalence.

National and Regional CARIFORUM to conduct a study for assessment of equivalence measures, including : ----Priority Pest List formulation; ----Establishment of Pest Free Areas. CARIFORUM to establish a monitoring mechanism for Certification.


Compliance with SPS.

National and Regional CARIFORUM States to Establish/Strengthen SPS notification Points. CARIFORUM States to Establish Risk Response Unit - SPS notifications, inquiry and management.



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Designation of Competent Authorities by Member States. (Article 55)

National CARIFORUM States to designate (establish where necessary) National Competent Authorities for implementation of sanitary and phytosanitary measures of the Agreement. CARIFORUM States are required to inform the EC, in a timely manner, of significant changes in the structure, nature and organization and division of their Competent Authorities.

Regional CARIFORUM to determine the regional body representing the Competent Authorities to the maximum extent possible, and through which exchange of information will be channeled. Preparation and enactment of CARICOM Plant, Animal, Pesticides, Food Safety Acts and supporting regulations.


Transparency. (Article 57)

National CARIFORUM States are to inform the EC at an early stage of proposals to modify or introduce SPS regulations or measures that are especially relevant to trade between the two Parties.


Cooperation. (Article 59)

National and Regional CARIFORUM States to engage Development Cooperation (support) with the EC, where necessary, in respect of the following -

Upon Provisional Application (29 December 2008) of the CARIFORUM-EC EPA. Minimize plant, animal

and public health risks. Laboratory infrastructure development (Plant, Veterinary, Food Safety).

Training for regulatory personnel and public private sector partnership. Training and information events for regulatory personnel. Minimize risk of plant, animal and public health.

Strengthening and establishment of relevant infrastructure Abattoirs; Port Health Facility; Packing Houses; Cold Storage Facilities.


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Capacity to prevent and minimize plant, animal and public health risks.

Development of Regional Policy and Strategy for Agricultural Health and Food Safety.

Harmonized SPS measures.

Harmonization of Regional Plant; Animal; Pesticides; Food Safety Acts and supporting regulations.

Harmonized SPS measures.

Develop draft harmonized procedures and measures for Labs, inspections, certification, biosafety.

Cooperation and Coordination of regional positions.

Participation in international standard setting bodies.

Title II: Investment, Trade In Services and E-Commerce Chapters 1-5: Investment and Trade In Services (Articles 60 – 118)

Chapter 2 – Commercial Presence

Future Liberalization. (Article 62)

National and Regional CARIFOUM States to identify new sectors for liberalization and the conditions under which the services will be provided from the EU. CARIFORUM States, with the assistance of the CARIFORUM/CARICOM Secretariats, to conduct studies and national consultations, on sectors to be liberalized.

No later than six months after provisional application (29 December 2008) of the CARIFORUM-EC EPA.

Application to The Bahamas and Haiti. (Article 63)

National and Regional CARIFORUM States to make the necessary changes to Annex V with a view to incorporating the commitments of The Bahamas and Haiti, by decision of the CARIFORUM-EC Trade and Development Committee. Identification and listing all legislative changes necessary to facilitate trade in services in the proposed sectors. Preparation of commitments on market access and national treatment in sectors of interest to The Bahamas and Haiti.

No later than six months after the signature (15 October 2008) of the CARIFORUM-EC EPA.


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Draft Commitments of The Bahamas and Haiti to be reviewed by CARIFORUM States. [CARICOM Member States and CARIFORUM to defend the commitments of The Bahamas and Haiti at the CARIFORUM-EU Joint Council]. CARIFORUM State to implement policies, and enact legislation, which facilitate the grant of MFN treatment to EU service providers.

Regional CARIFORUM Integration. (Article 64)

National and Regional Progressive removal of barriers and the provision of appropriate regulatory frameworks (possibly using the principles set in Chapter 5 of Title II of the CARIFORUM-EC EPA) for trade in services and investment between CARIFORUM States (i.e. CARICOM and the DR). CARICOM States to identify restrictions and other measures affecting trade in services with the Dominican Republic (DR). CARICOM Member States to conduct national consultations on the elements of a services agreement with the Dominican Republic (DR). and identify their possible offers and requests. CARIFORUM Member States to determine the implications of Article 238 – Regional Preferences – on the liberalization of investment and trade in services between CARICOM and the Dominican Republic (DR).

Upon provisional application (29 December 2008) of the CARIFORUM-EC EPA.


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Market Access. (Article 67)

National and Regional CARIFORUM States are to accord commercial presence to EC firms and investors in accordance with the scheduled commitments of Annex IV of the CARIFORUM-EC EPA. CARIFORUM States to ensure that they do not maintain limitations on the number of commercial presences; total value of transactions or assets; total number of operations or quantity of output; participation of foreign capital; and measures which restrict or require specific types of commercial presence (as outlined in paragraph 2 of Article 67), unless so indicated in their scheduled commitments.


National Treatment. (Article 68)

National and Regional CARIFORUM States to ensure that EC investors receive national treatment, in the sectors inscribed in the schedule and in accordance with the schedule i.e. CARIFORUM States to ensure that they comply with the National Treatment requirement.


Most Favoured- Nation Treatment. (Article 70)

National and Regional CARIFORUM States to apply the principle of most-favored-nation treatment to European investors and firms “to any measures affecting commercial presence” in respect of future economic integration agreements with major trading economies. (One exception to this general requirement is a regional economic integration agreement which either creates an internal market or requires the parties to the regional integration agreement to significantly harmonize their laws to remove any nondiscriminatory obstacles to commercial presence or trade in services. Measures exempted from the requirement of most-favored-nation treatment are those relating to recognition of qualifications, licenses or prudential measures in accordance with Article 7 of the GATS or it’s Annex on financial services, an agreement relating to taxation or any listed exemptions to most-favored-nation treatment in their GATS schedules.)

Upon signature (15 October 2008) of the CARIFORUM-EC EPA.


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CARIFORUM States are required to grant most-favored-nation treatment to European firms and investors in accordance with this Article, with the exceptions listed above. CARIFORUM States to review their existing agreements to ascertain whether they are signatory to any agreement which requires to grant MFN treatment to European firms and investors. CARIFORUM States to Implement policies and enact legislation, where necessary, which facilitate the grant of MFN treatment to EU service providers. CARIFORUM States to establish a Monitoring Mechanism for FTAs with third states.

Behaviour of Investors. (Article 72)

CARIFORUM States and the EC to cooperate to ensure that investors behave in an acceptable manner in their activities in the territories. CARIFORUM States to take the necessary measures, legislative and otherwise, within their territories to allow for the application of this Article. Actions proscribed include corrupt behavior, violation of core labor standards, and circumvention of international environmental or labor agreements to which they are party. CARIFORUM States to ensure that investors establish and maintain, where necessary, liaison with local communities especially in projects involving extensive natural resource-based activities. CARIFORUM States to ensure that their laws provide for the implementation of this Article, particularly as it relates to anti-corruption legislation; other legislation to address negative behavior of investors in the relation to labor or environmental issues; investment laws relating to the consultation; and local involvement activities of investors.

Upon Application (29 December 2009) of the CARIFORUM-EC EPA.


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CARIFORUM States, with the assistance of the CARICOM and CARIFORUM Secretariats, to develop harmonized policy and legislation. Preparation of Draft Model Legislation. CARIFORUM Ministries and Agencies to build consensus among stakeholders. CARIFORUM States to organize stakeholder consultations.

Maintenance of Standards. (Article 73)

CARIFORUM States are required not to encourage investment by lowering domestic environmental, labour or occupational health and safety standards, or by relaxing core labor standards or laws promoting cultural diversity. CARIFORUM States to review and amend, where necessary, laws where present and the draft new laws where such do not exist, to ensure that they have measures in place to prevent such action on the part of their officials or representatives involved in promoting or facilitating foreign investment in their territories. CARIFORUM States, with the assistance of the CARICOM and CARIFORUM Secretariats, to develop harmonized policy and legislation. Greater collaboration among relevant CARIFORUM Ministries, Agencies, etc.


Chapter 3 – Cross Border Supply of Services

Market Access. (Article 76)

National and Regional CARIFORUM States to accord services and service suppliers of the EC treatment no less favourable than that provided for in the specific commitments contained in Annex IV.



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CARIFORUM States are neither to maintain nor adopt, either on the basis of a regional subdivision or on the basis of their entire territory, limitations on the number of service providers; value of service transaction or assets; and total number of service operators or on the total quantity of service output, unless specified in their schedule of commitments. CARIFORUM States to review the measures in trade in services in force in their territories and ensure that they equate with the commitments they have made in Annex IV. If any anomalies do exist they will need to be removed. CARIFORUM State to implement policies, and enact legislation, to give effect to the specific commitments contained in Annex IV.

National Treatment. (Article 77)

CARIFORUM States are required to accord national treatment, in respect of all measures affecting the cross-border supply of services, to services and service suppliers of the EC in the sectors and with the limitations inscribed in Annex IV (i.e. the schedule). CARIFORUM States are to ensure that they apply the commitments made in their schedules to European service suppliers. CARIFORUM State to implement policies, and enact legislation, which facilitate the grant of national treatment to EU service providers.


List of Commitments. (Article 78)

National and Regional CARIFORUM States should review, in particular the schedule of the EC to identify areas where new market opening has been achieved over the existing multilateral commitment. This review should also indicate the areas where the service providers of CARIFORUM States could, based on their capabilities, expand their services exporting.



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On the basis of the aforementioned review CARIFORUM States to consult with their service providers to identify areas of opportunity and identify the assistance and support which they require to take advantage of these new opportunities. Individual CARIFORUM States, with the assistance of the CARICOM and CARIFORUM Secretariats, to identify where cooperation with other CARIFORUM States could yield new benefits in terms of exports, for example through joint promotion efforts or improvement of regional regulatory structures.

Most-Favoured-Nation Treatment. (Article 79)

National and Regional CARIFORUM countries are required to provide most-favored-nation treatment to the EC (with regard to measures affecting the cross-border supply of services) in respect of future agreements with major trading economies, similar to the action required with regard to commercial presence. CARIFORUM State to implement policies, and enact legislation, which facilitate the grant of MFN treatment to EU service providers.


Chapter 4 – Temporary Presence of Natural Persons for Business Purposes

Coverage and Definitions. (Article 80)

National and Regional CARIFORUM Member States to undertake the necessary amendments to laws and procedures to give effect to the definitions and terms introduced in Article 80 (e.g. key personnel, graduate trainee, business services sellers, contractual services suppliers, independent professionals and short-term visitors for business purposes etc.), as well as to provide for the respective periods of stay of the various categories of persons in the immigration rules of each territory.


Short-term visitors for business purposes. (Article 84)

National CARIFORUM States should take steps to implement commitments relating to short-term visitors for business purposes in view of the benefits to their own personnel that may possibly accrue from application of this Article as well as the benefits to their economies.



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CARIFORUM States, with the assistance of the CARICOM and CARIFORUM Secretariats, to amend or enact legislation, where it does not exist, governing the temporary stay of EU service providers and the use of Economic Needs Tests (ENTs). Preparation of Draft Model Legislation.

Chapter 5 – Regulatory Framework

Mutual Recognition. (Article 85)

National and Regional CARIFORUM States should determine the extent to which regional professional bodies exist in disciplines such as accounting, architecture engineering and tourism, and facilitate their establishment where necessary. CARIFORUM States should determine the priority among the disciplines suggested by the Article, namely accounting, architecture, engineering, and terrorism. CARIFORUM States should review the qualifications and experience required in order to supply such services within CARIFORUM and continue the process of, as far as possible, seeking to harmonize such rules within a period of time that is both advisable and appropriate. CARIFORUM States, with the assistance of the CARICOM and CARIFORUM Secretariats, to hold stakeholder consultation in the accountancy, architecture, engineering and tourism sub-sectors, in order to identify best practices and standards for Mutual Recognition of qualifications of professionals from EU.



CARIFORUM States are required to establish one or more enquiry points, which are depositories of law and regulations, as listed in Annex V, to provide specific information to investors and services suppliers of the EC, upon request.



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Procedures. (Article 87)

National and Regional CARIFORUM Member States are required to establish, where they don’t exist, the arbitral or administrative tribunals or procedures to provide an investor or service provider with appropriate remedies for, administrative decisions affecting commercial presence, cross-border supply of services or temporary presence of natural persons for business purpose. CARIFORUM States are required to ensure that where such procedures are not independent of the agency entrusted with the administrative decision concerned, the procedures in fact provide an objective and impartial review.


Section 2 - Computer Services. Understanding on computer services. (Article 88)

CARIFORUM States to institute the requisite regulatory and policy framework pursuant to liberalization of computer services under the CARIFORUM-EC EPA. CARIFORUM States are to subscribe to and ensure that their officials are aware of the common understanding, as set out in Article 88, for the scope of computer and related services in implementing their market access commitments in this sector (in accordance with Chapters 2, 3 and 4 of Title II – Investment, Trade in Services and E-Commerce.)


Section 3 - Courier Services. (Articles 89-93)

National and Regional CARIFORUM States to institute the requisite regulatory and policy framework pursuant to liberalization of courier services under the CARIFORUM-EC EPA. CARIFORUM States are to institute, or maintain, measures to prevent anticompetitive practices by suppliers, consistent with the principles set out for the new regulatory framework for all courier services that are liberalized under this agreement. (Article 90) CARIFORUM States to ensure that, where an individual license is required, all licensing criteria; terms; and conditions are made publicly available. (Article 92)



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CARIFORUM States should review their procedures for the granting of licenses where such are required in order to make available the information required in Article 92 as well as put in place the appeal procedure. CARIFORUM States to establish, where they don’t exist, independent (i.e. legally separate from, and not accountable to, any supplier of courier services) regulatory bodies or the provision of powers of review to existing independent bodies where they exist (Article 93).

Section 4 – Telecommunication Services . (Articles 94-102)

CARIFORUM States are required to ensure that the regulatory authorities for telecommunication services are legally distinct and independent from any supplier of telecommunication services and is sufficiently empowered to regulate the sector. CARIFORUM States are required to introduce, or maintain, measures to prevent suppliers of telecommunications services from engaging in, or continuing, anticompetitive practices. CARIFORUM States to enact legislation that, inter alia, makes provision for interconnection; the publication by major suppliers of their interconnection agreements or their reference interconnection offers; and the procedures applicable for interconnection to a major supplier to be made publicly available. CARIFORUM States are to ensure that the regulatory authority is able to settle disputes and cooperate with other national regulatory authorities in the settlement of cross-border provision issues. CARIFORUM States, in order to ensure universal service, are to ensure that all suppliers are eligible through an efficient, transparent, objective and non-discriminatory mechanism. CARIFORUM States are required to ensure that directories of all subscribers are available to users in a form (electronic and/or printed) approved the national regulatory authority.



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Preparation of Draft Model Legislation.

Section 5 – Financial Services. (Articles 103-108)

National and Regional CARIFORUM States to institute the requisite regulatory and policy framework pursuant to liberalization of financial services under the CARIFORUM-EC EPA. CARIFORUM States are required to maintain, or adopt, measures for prudential reasons. (Article 104 – Prudential Carve-out) Consultation of stakeholder and coordination of policy with respect to the protection of investors, depositors, policy holders etc. (Article 104) CARIFORUM States to ensure that they institute provisions, legislation and institutions to facilitate transparency related enquiries from providers of services from the EC, relating to the development of new measures of general application. Such measure can be provided either electronically or in written form but must be by means of official publication. (Article 105) CARIFORUM States are also to make available information on the requirements for completing applications to supply financial services and details on the status of the application. (Article 105) CARIFORUM States to implement Measures to: (i) facilitate prior publication of new measures; (ii) specify and publicise application requirements; (iii) establish mechanisms for the timely response to application queries.



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CARIFORUM States are required to permit financial service suppliers of the EC to provide any new financial service similar to those that CARIFORUM States permit their own financial service suppliers to provide under their domestic law in like circumstances. (Article 106) CARIFORUM States to develop a harmonized mechanism for authorizing and determining the juridical form through a new financial service (by an EC financial service supplier) may be provided. (Article 106) CARIFORUM States to permit an EC financial service supplier to transfer financial information in electronic or other form, where such is required in the ordinary course of the business. (Article 107) CARIFORUM States to adopt adequate safeguards for the protection of privacy and fundamental rights and freedom of individuals in particular concerning the transfer of personal data. (Article 107) CARIFORUM States to address best endeavour provisions relating to the application of international agreed standards for regulation and supervision, possibly through enactment of new or amendment of existing legislation. Preparation of Draft Model Legislation. CARICOM Member States should seek to enact legislation to give effect to the CFSA.

Section 6 – International Marine Transport Services. (Article 109)

National and Regional CARIFORUM States to institute the requisite regulatory and policy framework pursuant to liberalization of international marine transport services under the CARIFORUM-EC EPA.



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CARIFORUM States are required to effectively apply the principle of unrestricted access to the international maritime markets and trades on a commercial and non-discriminatory basis. CARIFORUM States are not to introduce cargo-sharing arrangements in future bilateral agreements with third countries, concerning maritime transport services. CARIFORUM States are required to abolish and abstain from introducing any unilateral measures and administrative, technical and other obstacles which could restrict or have discriminatory effects on the free supply of services in international maritime transport. Maritime administrations of CARIFORUM States to ensure that provisions of this Article are adhered to, including national treatment to EC suppliers with regard to access to ports; the use of infrastructure and other maritime services; as well as related fees and charges; customs facilities and the assignment of berths and facilities for loading and unloading. CARIFORUM States to grant national treatment or most favored nation treatment w.r.t. commercial presence for international maritime services suppliers form the EC. CARIFORUM State to implement policies, and enact legislation, which facilitate the grant of MFN and national treatment to EU service suppliers w.r.t. commercial presence for international maritime services. CARIFORUM States to adhere to the transparency requirement relating to the articulated port services. Preparation of Draft Model Legislation.


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Section 7 - Tourism Services. (Articles 110-118)

National and Regional CARIFORUM States to institute the requisite regulatory and policy framework pursuant to liberalization of tourism services under the CARIFORUM-EC EPA. Preparation of Draft Model Legislation. CARIFORUM States to maintain or introduce measures to prevent anticompetitive practices, in particular in the context of tourism distribution networks. (Article 111) CARIFORUM States are to cooperate with the EC towards mutual recognition of requirements, qualifications, licenses or other regulations (in accordance with Article 85). (Article 114) CARIFORUM States should develop or encourage their operators to develop projects which are capable of receiving funding from international, sub regional, regional, bilateral or private financing programs relating to the sustainable development of tourism. (Article 115) CARIFORUM States are to encourage compliance with environmental and quality standards applicable to tourism services, without constituting unnecessary barriers to trade. (Article 116) CARIFORUM States, with the assistance of the CARICOM and CARIFORUM Secretariats, should develop programs for environmental quality standards relating to tourism services. (Article 116)



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CARIFORUM States and the EC are to cooperate for the advancement of the CARIFORUM tourism sector, including facilitation of support for upgrading national accounting systems with a view to introducing Tourism Satellite Accounts (TSA) at the regional and local level; environmental management in tourism areas; development of internet marketing strategies for SMEs in the tourism sector; participation in international standard setting bodies; and tourism exchange programmes. (Article 117) CARIFORUM States, with the assistance of the CARIFORUM and CARICOM Secretariats, to conduct of stakeholder consultations. Preparation of Draft Model Legislation. CARIFORUM States, in conjunction with the CARICOM and CARIFORUM Secretariats, to take action in cooperation with tourism operators to develop programs capable of receiving development cooperation and technical assistance in accordance with the ideas outlined in Article 117. The CARIFOURM-EC Trade and Development Committee to develop modalities for regular dialogue between the Parties on the issues covered in the tourism services section of the CARIFORUM-EC EPA. (Article 118)


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Chapter 7 – Cooperation

Technical cooperation and assistance.

National and Regional CARIFORUM States, with the assistance of the CARICOM and CARIFORUM Secretariats, to develop programme ideas and project proposals that will facilitate the provision of technical assistance, training and capacity building from the EC in the areas outlined in paragraph 2 of Article 121 of the CARIFORUM-EC EPA (e.g. improving the export capacity of CARIFORUM service suppliers, addressing quality and standards in sectors CARIFORUM States have undertaken commitments under this agreement, developing and implementing regulatory regimes for specific service sectors at CARIFORUM regional level; establishing mechanism for promoting investment and joint ventures; and enhancing the capacities of investment promotion agencies) and in other areas as required for the development of the services sectors. Consultation with private sector and other stakeholders in CARIFORUM States. CARIFORUM States to establish, where deemed necessary, durable mechanisms at the national level to oversee the implementation of projects and assess their effectiveness.


TITLE III – CURRENT PAYMENTS AND CAPITAL MOVEMENT

Current Payments. (Article 122)

National CARIFORUM States are not to impose restrictions on and to allow all payments for current transactions between residents of the EC and CARIFORUM States to be made in freely convertible currency. CARIFORUM States to amend and enact legislation, as necessary.



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CARICOM Secretariat to conduct Regional consultations to ensure consistency of policy, prepare model legislation and assist in administering a common regime.

Capital movements. (Article 123)

National CARIFORUM States are not to impose restrictions on the free movement of capital relating to direct investments, and the liquidation and repatriation of these capitals and of profit stemming therefrom. CARIFORUM States are to amend or enact legislation to allow for free movement of capital between them and the EC. CARICOM Secretariat to conduct Regional consultations to ensure consistency of policy, prepare model legislation and assist in administering a common regime for free movement of capital between Member States and the EC.


Safeguard measures. (Article 124)

National and Regional CARIFORUM States to institute the requisite regulatory and policy framework to apply safeguard measures under the CARIFORUM-EC EPA with regard to capital movements. Development, within CARIFORUM, of an EPA specific policy regime and regulatory framework which allows for the application of CARIFORUM-EC bilateral Safeguards. Preparation of Draft Model Legislation. CARICOM Secretariat to conduct Regional consultations to ensure consistency of policy, prepare model legislation and administer a common regime on safeguard measures.


Title II: Investment, Trade In Services and E-Commerce Chapters 5 and 6: Telecommunication Services and Electronic Commerce (Articles 119 – 121)

E-Commerce and ICT.

National and Regional CARIFORUM States to develop and implement ICT, and possibly e-commerce, policies.



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CARIFORUM States to enact new, or amend existing, legislation in ensure transparency of process, protection of privacy, collection of economic rents etc. CARIFORUM States to establish Telecommunications (ICT) Regulatory Authorities, where they do not already exist. CARICOM Member States to negotiate and institute harmonized ICT, and by extension e-commerce, legislation and policy framework. Preparation of Draft Model Legislation.

Title IV: Trade Related Matters Competition (Articles 125-130)

Definitions. (Article 125)

National and Regional Enactment of competition legislation, in CARIFORUM States, to be brought to the attention of the EC party through the Joint EC-CARIFORUM Trade and Development Committee. (The Bahamas also has to notify the EC.)

CARIFORUM States to determine mechanism for submitting notifications on legislation.

Upon entry into force of the CARIFORUM-EC EPA, and thereafter.

Public enterprises and enterprises entrusted with special or exclusive rights, including designated monopolies. (Articles 129)

National and Regional CARIFORUM States to remove all trade distorting measures employed by public enterprises (and enterprises to which special or exclusive rights have been granted). CARIFORUM States to subject public enterprises to the competition rules. CARIFORUM States to inform the Trade and Development Committee about the enactment of sectoral rules (applicable to public enterprises and mandated by regulatory framework).

Upon entry into force of the CARIFORUM-EC EPA, and thereafter.


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CARIFORUM States to inform the Trade and Development Committee the measures adopted to progressively adjust State monopolies of a commercial nature or character to ensure that there is no discrimination regarding goods and services originating in the EC and those originating in CARIFORUM States. CARICOM Member States to as deemed necessary amend the Revised Treaty to reflect CARICOM policy on treatment of monopolies and mergers2, and ensure consistency of national legislation with Revised Treaty.


National and Regional CARIFORUM States, with the assistance of the CARICOM and CARIFORUM Secretariats, to develop programme ideas and project proposals that will facilitate the provision of technical assistance and capacity building from the EC w.r.t. inter alia functioning of Competition Authorities; drafting guidelines, manuals, legislation where necessary; training of personnel involved in implementation and enforcement of competition policy, to facilitate the implementation of the commitments and achieve the objectives of the Competition Chapter.

Upon Provisional Application of the CARIFORUM-EC EPA (29 December 2008).

2 Article 94 of Revised Treaty to ensure: - an obligation to remove all existing trade distorting measures in the practices of public undertakings; - application of competition rules to public enterprises (taking into account the proviso in the Agreement that the rules should not obstruct their performance of the

tasks assigned to them).


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Title IV: Trade Related Matters Chapter 4: Environment3 (Articles 3 and 183-190)

Commitment to Sustainable Development –Part I, Trade Partnership for Sustainable Development. (Article 3) Sustainable Development, paragraphs 1, 2 and 3. (Articles 183-190)

National and Regional CARIFORUM States to ratification of trade and environment related Multilateral Environmental Agreements (MEAs). CARIFORUM States to enactment of legislation to give effect to MEA provisions. CARIFORUM States to ensure implementation of provisions of trade and environment related MEAs.

Assessment of the Environmental and Social Dimensions of the CARIFORUM-EC EPA, pursuant to policy development. Assessment of the Environmental Effects of the Implementation of the CARIFORUM-EC EPA. In order to inform cooperation and development support initiatives. Identification of CARIFORUM States which have not ratified relevant Agreements/conventions. Determination of Action to address the under-utilization of the legal system in environmental disputes. Convening of national Stakeholder consultations and consultations with Regional Institutions. Assessment of institutional and regulatory arrangements for environmental management and Sustainable Development.


3 Inclusive of a consideration of elements of Part I: Trade Partnership for Sustainable Development


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Development and/or Revision of National Sustainable Development/Environmental Policies /Strategies and Sectoral Development Strategies/ Action Plans. Development of harmonized (CARICOM/CARIFORUM) Sustainable Development and Environment Policies.

Levels of Protection and Rights to Regulate and Regional Integration and Use of International Environmental Standards. (Articles 184 and 185)

Regional CARICOM Member States to sign the Agreement establishing the Common Fisheries Policy and Regime. Finalization and Operationalization of the CFP&R, through inter alia the development of the relevant legislative framework. Development of draft model legislation in relation to the operationalization of the Common Fisheries Policy and Regime; circulation to CARICOM Member States; and enacting of said legislative framework in Member States. Development of a Framework (institutional) for the Management of the CARICOM Region’s Marine resources (including an integrated framework for the management of the Caribbean Sea).


Upholding Levels of Protection. (Article 188)

National and Regional CARIFORUM States are not to encourage trade or FDI to enhance or maintain a competitive advantage by lowering the level of protection provided by domestic environmental and public health legislation; or derogating from, or failing to apply such legislation.

CARIFORUM States are not to adopt regional or national trade or investment-related legislation/administrative measures which frustrate measures intended to benefit, protect or conserve the environment/natural resources or protect public health.



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National and Regional CARIFORUM States, with the assistance of the CARICOM and CARIFORUM Secretariats, to determine the support, required from the EC in respect of inter alia, i. technical assistance/capacity building to producers in meeting

relevant product and other standards applicable in markets of the EC markets;

ii. promotion and facilitation of private and public voluntary and market-based schemes;

iii. technical assistance/capacity building in implementing and enforcing MEAs;

iv. facilitation of trade between Parties in natural resources; improving the production of environmental goods and services; and

v. promotion and facilitation of public awareness and education programmes in respect of environmental goods and services.


Title IV: Trade Related Matters Chapter 5: Social Aspects (Articles 191-196)

Objectives and Multilateral Commitments. (Article 191.4)

National and Regional CARIFORUM States are not to use labour standards for protectionist trade purposes.


Upholding Levels of Protection. (Article 188)

National CARIFORUM States are not to encourage trade or FDI to enhance or maintain a competitive advantage by lowering the level of protection provided by domestic environmental and public health legislation; or derogating from, or failing to apply such legislation.

National and Regional CARIFORUM States are not to adopt regional or national trade or investment-related legislation/administrative measures which frustrate measures intended to benefit, protect or conserve the environment/natural resources or protect public health.



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Cooperation, including by facilitating support in the following areas:

Skills training and educational and awareness-raising programmes for labour market adjustments.

National CARIFORUM States to determine the support, required from the EC.


Raising awareness of health and safety responsibilities-workers’ rights and employees’ responsibilities.

National CARIFORUM States to determine the support, required from the EC.


Promote corporate social responsibility through public information and reporting.

National CARIFORUM States to determine the support required from the EC.


Formulation of national social and labour legislation; strengthening existing legislation.

National CARIFORUM States to develop appropriate legislation and policy, with support from the EC where necessary.

Upon Provisional Application (29 December 2008) of the CARIFORUM-EC EPA

Enforcement of adherence to national legislation and work regulation.




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Exchange of information on Social and labour legislation and related policies.



Part III: Dispute Avoidance and Settlement (Articles 202-223) Rules of Procedure. (Article 216).

Regional CARIFORUM States to discuss with European Commission draft of Rules of Procedure, which will govern dispute settlement procedures prepared by the two Sides.

Within three months of the provisional application (29 December 2008) of this CARIFORUM-EC EPA.

List of Arbitrators. (Article 221)

CARIFORUM-EC Trade and Development Committee to establish a list of 15 individuals to serve as arbitrators. (Article 221(1,2)). CARIFORUM-EC Trade and Development Committee may establish an additional list of 15 individuals having a sectoral expertise in specific matters covered by this Agreement”. (Article 221(3))

Within three months of the provisional application (29 December 2008) of this CARIFORUM-EC EPA.

Part V: Institutional Provisions (Articles 227-232) Bodies established under the EPA. (Article 227 to 232)

National and Regional CARIFORUM States to designate representatives to the bodies established under the EPA (i.e. Joint CARIFORUM-EC Council, CARIFORUM-EC Trade and Development Committee, CARIFORUM-EC Parliamentary Committee, Special Committee on Customs Cooperation and Trade Facilitation and CARIFORUM-EC Consultative Committee) and adopt positions on the Rules of Procedure for consultation with the Commission.

Within six months of the provisional application (29 December 2009) of the CARIFORUM-EC EPA.

Joint CARIFORUM-EC Council. (Article 227)

National and Regional CARIFORUM representatives on the Joint Council to agree on the composition of the Consultative Committee (including designation of civil society representatives).

Within six months of the provisional application (29 December 2009) of the CARIFORUM-EC EPA.


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Part VI – General and Final Provisions (Articles 233-250) Coordinators and exchange of information. (Article 234)

National and Regional CARIFORUM States collectively and each Signatory CARIFORUM State to designate a Coordinator, to facilitate exchange of information.



National and Regional CARIFORUM States to promptly publish Laws, regulations, procedures and administrative rulings, and any international commitments relating to any trade matter notified to the EC.

Upon Provisional Application of the EPA.

Dialogue on Finance Issues. (Article 236)

National and Regional CARIFORUM States to foster dialogue and transparency and share best practices in the area of tax policy and administration with the EC.


Regional preference. (Article 238)

CARIFORUM States to accord to one another treatment no less favourable than that granted to the EC under the CARIFORUM-EC EPA. CARIFORUM States, with the assistance of the CARICOM and CARIFORUM States, to undertake technical work, policy review and legal drafting pursuant to the implementation of commitments arising out of Article 238. With respect to trade in goods and services, CARIFORUM States are to:

- establish instances of grant by CARIFORUM States of preferential treatment in favour of the EC

- establish and verify treatment accorded to CARIFORUM States in these cases; and

- work to align treatment as required by Article 238.

1 January 2009 (Commitments become due consistent with the liberalization obligations set out in the schedules.) Upon Provisional Application (29 December 2008) of the CARIFORUM-EC EPA.)


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Protocol I Concerning the Definition of the Concept of “Originating Products” and Methods of Administrative Cooperation

General Requirements and Cumulation in the CARIFORUM States. (Articles 2 and 4)

(i) For Rice of Tariff Heading 10.06 Member States to sensitize exporters to tariff elimination by the EC and availability of cumulation under Rules of Origin, both by 1 January 2010.

(ii) For products listed in Annex X (sugar-based products) Member

States to sensitize exporters to the availability of cumulation provisions under Rules of Origin from 1 October 2015.

1 January 2010. 1 October 2015.

Proof of Origin: General Requirements. (Article 16)

National and Regional Requirement for CARIFORUM Member States to submit either a Movement Certificate EUR. 1; an invoice declaration; or delivery note for originating products in a CARIFORUM State, on importation into the EC party, in order to benefit from the provisions of the Agreement. CARIFORUM States, with the assistance of the CARICOM to sensitize importers and exporters and institutions on administrative conditions for products to benefit from the provisions of the Agreement.


Notification of information related to customs authorities. (Article 32)

National CARIFORUM States are to provide the EC with addresses and specimen impressions of the stamp used by their customs offices authorized to issue movement certificates. CARIFORUM States are to immediately inform the EC through the Commission of the European Communities whenever there are changes to the information in respect of the certification and verification authorities.


Protocol III On Cultural Cooperation 1. Market Access for Entertainment Services.

National and Regional CARIFORUM Member States to develop coordinated government policies on culture and trade, intellectual property, ICT, industrial and innovation upgrading etc.



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CARICOM Regional Policy Framework for the development of cultural industries to be established. CARIFORUM Member States to introduce and/or strengthen legislation in areas such as intellectual property, e-commerce, finance, and entertainment and introduce attendant incentive regimes. Establishment of a CARICOM Regional Task Force on Cultural Industries to increase regional collaboration and coordination and make recommendations for a Regional Policy Framework.

Technical Assistance. (Article 4)

National and Regional CARIFORUM States are to identify priority areas for capacity building activities in intellectual property, ICT, business support services etc.


Audio-visual cooperation. (Articles 5 & 6)

National Addressed under Market Access.

Regional CARIFORUM and the EC to negotiate and sign a CARIFORUM-EU Co-production Treaty. Harmonize regional policies, especially in the areas highlighted in the Protocol.


Protection of sites and historic monuments. (Article 9)

National and Regional CARIFORUM States to introduce and/or strengthen policies and programmes to develop heritage and festival tourism. CARIFORUM States to strengthen capacity for conservation and development of monuments and sites.


2. Cultural Protocol.

Audio-visual cooperation. (Articles 5 & 6)

National and Regional Addressed under Market Access.



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Performing Arts. (Article 7) Publications. (Article 8)

National and Regional Establishment or strengthening of EU counterpart industry associations and government institutions to support the arts and culture in CARICOM. Establish a Regional Task Force on Cultural Industries to make recommendations for a Regional Policy Framework.

Joint Declaration on Development Cooperation

Addressing adjustment costs arising from EPA implementation and improving regional infrastructure to enable Member States to take advantage of market access opportunities under the EPA.

National and Regional CARIFORUM coordination for the development of the EDF Caribbean Regional Programme. CARIFORUM States to coordinate efforts to engage EU Member States at a political level to ensure the region receives an equitable share of AfT resources.



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Issue Areas Action to be taken e.g. Policy, Legal, Institutional

Actions to be Taken on National or Regional Levels


Part I: Trade Partnership for Sustainable Development (Articles 1-85)

Establishment of a Regional Development Fund. (Article 8.3)

National and Regional The CARIFORUM States are to establish a Regional Development Fund.

By 1 January 2011

[provide for 1/1/2011]Title IV: Trade In Goods Chapter 1: Customs Duties (Articles 9-22)

Customs Duties on Imports of Products Originating from the EC Party. (Article 16) and Annex III

National and Regional CARIFORUM States are to apply duty reduction as per Annex III of the CARIFORUM-EC EPA (i.e. to provide for phasing out of Import Duties over 5, 10, 15, 20 and 25 yrs as provided in Annex III).

By 1 January 2011

Title IV: Trade Related Matters Chapter 3: Public Procurement (Articles 165-182)

Scope. (Article 167)

National CARIFORUM States are to designate the procuring agencies that are listed in Annex 1 as operating under the Agreement.

By 1 January 2011. (CARIFORUM-EC Trade and Development Committee may grant one year extension based on review).

Transparency of government procurement. (Article 168)

National and Regional CARIFORUM States to promptly publish any law, regulation, judicial decision and administrative ruling of general application and procedures, as well as individual procurement opportunities in the appropriate publications.

By 1 January 2011.


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CARIFORUM States to explore scope for development of harmonized mechanism. CARIFORUM States to strengthen national capabilities.

Methods of Procurement. (Article 170)

National and Regional CARIFORUM States to ensure that the methods of procurement employed by procuring entities are specified in the tender notice or tender documents. CARIFORUM States to examine the scope for harmonization of the process within the CSME (and CARIFORUM).

By 1 January 2011. (Within two years of provisional application of the CARIFORUM-EC EPA for CSME MCs).

Selective Tendering. (Article 170)

National and Regional CARIFORUM States are to ensure that procuring entities adhere to the tendering procedures set out in Article 170 when they utilize selective tendering procedures. CARIFORUM States to examine national law and regulations, and enact new or amend existing legislation to give effect to the commitments set out in Article 170. CARIFORUM States to examine the scope for harmonization of the process within the CSME (and CARIFORUM).

By 1 January 2011.

Limited Tendering. (Article 171)

National and Regional CARIFORUM States are to ensure that procuring entities adhere to the circumstances under which limited tendering procedures may be employed when awarding public contracts tendering procedures, as set out in Article 171. CARIFORUM States to examine national law and regulations, and enact new or amend existing legislation to give effect to the commitments set out in Article 171.

By 1 January 2011.


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CARIFORUM States to examine the scope for harmonization of the process within the CSME (and CARIFORUM).

Technical Specifications. (Article 173)

National and Regional CARIFORUM States are to ensure that procuring entities set out technical specifications in tender notices AND that the procuring entities shall not seek or accept advice that would have the effect of precluding competition in the preparation or adoption of technical specifications4.

CARIFORUM States to examine National Tender Documentation, preparation and authorization procedures for compliance with the technical specification commitments of the CARIFORUM-EC EPA set out in Article 173. CARIFORUM States to examine national law and regulations, and enact new or amend existing legislation to give effect to the commitments set out in Article 173. CARIFORUM States to examine the scope for harmonization of the process within the CSME (and CARIFORUM).

By 1 January 2011.

Qualifications of Suppliers. (Article 174)

National and Regional CARIFORUM States are to ensure that procuring entities adhere to the pre-qualification procedures set out in Article 174. CARIFORUM States to examine national law, regulations, procedures and practices fro compliance, and enact new or amend existing legislation to give effect to the commitments set out in Article 174. CARIFORUM States to examine the scope for harmonization of the process within the CSME (and CARIFORUM).

By 1 January 2011. Within two years of provisional application of the CARIFORUM-EC EPA for CSME MDCs.

4 Third Draft Framework Policy. Para. 131(a), page 51


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Negotiations. (Article 175)

CARIFORUM States to ensure that procuring entities conduct negotiations given defined conditions and the procedures that shall be employed to govern the negotiations5 CARIFORUM States to examine national law, regulations, procedures and practices for compliance, and enact new or amend existing legislation to give effect to the commitments set out in Article 175. CARIFORUM States to examine the scope for harmonization of the process within the CSME (and CARIFORUM).

Opening of tenders and awarding of contracts. (Article 176)

National and Regional CARIFORUM States to ensure that their procuring entities employ the procedures Set out in Article 176 when opening tenders and for the award of contract6. CARIFORUM States are to ensure that tenders solicited under open or selective procedures are received and opened under procedures and conditions that guarantee the fairness and transparency of the process. CARIFORUM States are to ensure that awards are made in accordance with the criteria and essential requirements specified in the notice of the intended procurement or tender documentation. CARIFORUM States to examine national law, regulations, procedures and practices for compliance, and enact new or amend existing legislation to give effect to the commitments set out in Article 176. CARIFORUM States to examine the scope for harmonization of the process within the CSME (and CARIFORUM).

By 1 January 2011.

5 Similar requirements exist within the Draft Framework Regional Policy. Third Draft Framework Policy , para 101 page 40 6 Similar requirements exist within the Draft Framework Regional Policy. Third Draft Framework Policy , para 161-170, pages 60-62


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Information on Contract Rewards. (Article 177)

National and Regional CARIFORUM States to ensure that their procuring entities provide for effective dissemination of the results of government procurement processes; promptly inform suppliers of decisions regarding the award of contract; upon request, inform any eliminated supplier of the reasons for tender rejection; and publish a notice in the appropriate paper or electronic media. CARIFORUM States to examine national law, regulations, procedures and practices for compliance, and enact new or amend existing legislation to give effect to the commitments set out in Article 177. CARIFORUM States to examine the scope for harmonization of the process within the CSME (and CARIFORUM).

By 1 January 2011.

Time Limits. (Article 178)

National and Regional CARIFORUM States to employ the procedures set out in Article 178 when determining any time limits to be applied to procurement covered by the Agreement7. CARIFORUM States to examine national laws, regulations, procedures and practices for compliance, and enact new or amend existing legislation to give effect to the commitments set out in Article 178. CARIFORUM States to examine the scope for harmonization of the process within the CSME (and CARIFORUM).

By 1 January 2011.

Bid Challenges Refers to supplier challenges procedures (Article 179)

National and Regional CARIFORUM States to examine national law, regulations, procedures and practices for compliance, and enact new or amend existing legislation to give effect to the commitments set out in Article 179 with respect to supplier challenges procedures.

By 1 January 2011.

7 Similar requirements exist within the Draft Framework Regional Policy. Third Draft Framework Policy , para 124-130, pages 50-51


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CARIFORUM States to examine the scope for harmonization of the process within the CSME (and CARIFORUM).

Joint Declaration on Development Cooperation Establishment and role of a Regional Development Fund.

Regional Development of modalities for operationalization of CARICOM Regional Development Fund. CARICOM States implementing this element of the Declaration [which anticipates the establishment of a CARIFORUM Regional Development Fund] to ensure the integrity of the CARICOM Regional Development Fund is maintained.

By 1 January 2011.






Elimination of customs duties on originating exports in CARIFORUM States. (Article 14: Export Duties)

National Guyana and Suriname are to amend National Legislation so as to eliminate Export Duties on originating Goods.

By 15 October 2011.

Title I: Trade In Goods Chapter 4: Customs and Trade Facilitation (Articles 29-36)

Introduction of a single administrative document (SAD) across CARIFORUM. (Article 31:2 (c))

Regional CARIFORUM States to engage in technical and policy discussions related to introduction of a single SAD.

Joint review of progress by 29 December 2011.


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Objectives and Enabling Policies (to increase agricultural and fisheries competitiveness). (Articles 37 and 39)

National and Regional Drafting of regional policy w.r.t the sustainable exploitation, conservation and management of marine resources. Completion of the Common Fisheries Regime and Policy (CFPR). Drafting of the harmonized enabling legislation framework in the area of fisheries. Modernisation of Fisheries related Legislation.

Strengthening compliance with health and national, regional and international technical, quality standards for fish and fish products.

Enactment of model Legislation by Member States.

By 31 December 2011.

Title II: Investment, Trade In Services and E-Commerce Chapters 1-5: Investment and Trade In Services (Articles 60 – 118)

Chapter 5 – Regulatory Framework

Mutual Recognition (Article 85)

CARIFORUM States to encourage the relevant professional bodies to start negotiations in order to jointly develop and provide recommendations on mutual recognition, among others, in the disciplines of accounting, architecture, engineering and tourism, to the CARIFORUM-EC Trade and Development Committee. The CARICOM and CARIFORUM Secretariats to provide negotiating support when necessary to the professional bodies as well as facilitate the commencement of negotiation through appropriate lobbying efforts in Europe.

No later than 31 December 2011.


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Issue Areas Action to be taken e.g. Policy,

Legal, Institutional Actions to be Taken on National

or Regional Levels Implementation Timeline

Title I: Trade In Goods

Chapter 5: Agriculture and Fisheries (Articles 37-43) Cooperation. (Article 43)

National and Regional Determination by CARIFORUM States of development priorities for the agricultural, food and fisheries sectors, as well as the Strategies geared at improving the competitiveness (inclusive of downstream processing) and export in respect of trade with the EC.

Development of the domestic and regional export marketing capabilities through the conduct of EC export market research:

- identification of commodities with comparative/competitive advantage;

- conduct of feasibility studies; products for downstream processing; - enterprise and industry development.

Development of policy and implementation plan in respect of compliance with and adoption of quality standards. Development of Agricultural Health and Food Safety systems and infrastructure relating to food production and marketing including standards relating to environmentally and socially sound agricultural practices and organic and non-genetically modified foods. CARIFORUM States to improve the ability of domestic operators to comply with national, regional and international technical, health and quality standards for food, fish and fish products, through, inter alia, enacting legislation to give effect to agriculture and fisheries related policy with respect to adoption of quality standards and Agricultural.

By the end of 2012.


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Title II: Investment, Trade In Services and E-Commerce Chapters 1-5: Investment and Trade In Services (Articles 60-118)

Future Liberalization. (Article 62)

National and Regional CARIFORUM States to conduct national consultations to identify new sectors for liberalization and the conditions under which the services will be provided from the EU. CARIFORUM States, with the assistance of the CARICOM and CARIFORUM Secretariats to undertake Assessments of impact of existing liberalization. Relevant Ministries in CARIFORUM States to finalize policy on sectors to further liberalize and conditions under which they will be liberalized.

By the end of 2013.

Application Related Issues. (Articles 62, 63 and 70).

National CARIFORUM States to identify and list all legislative changes necessary to facilitate trade in services in the proposed sectors.

By the end of 2013.


Implementation. (Article 127)

National and Regional CARIFORUM States to enact legislation addressing restrictions on competition within their jurisdiction, and establish Competition Authorities. CARIFORUM States to establish competition authorities and other bodies referred to in Article 125(1).

By the end of 2013. (Within Five years of coming into force of Agreement)


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CARIFORUM States to give effect to the provisions of the CARIFORUM-EC EPA governing the exchange of information and enforcement of cooperation by each Competition Authority. (Article 128) CARICOM Competition Commission to be operational. The following CARICOM Member States must complete the legislative work necessary to give full effect to Chapter 8 of the Revised Treaty of Chaguaramas – i all OECS Member States ii Belize iii Trinidad and Tobago iv Suriname Jamaica must ensure its competition laws provide for the CARICOM Competition Commission to exercise all powers and functions set out in the Revised Treaty of Chaguaramas. CARICOM to complete all outstanding work to ensure effective operation of CARICOM Competition Commission. National competition authorities to be established in the OECS, Belize, Suriname. Completion of work to establish national commissions in Guyana and Trinidad and Tobago. Jamaica to ensure effective functioning of national commission in its investigative and adjudicative capacities. While EPA Agreement refers to CARICOM Commission, the interrelationship of national and Community competition authorities means that national commissions must also be in place for effective functioning of CARICOM Commission.


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Structure of authorities and relevant budget for national commissions to be determined/agreed and financing identified for capital and recurrent expenditure.

Public enterprises and enterprises entrusted with special or exclusive rights including designated monopolies. (Article 129)

CARIFORUM States to progressively adjust, without prejudice to their obligations under the WTO Agreement, any State monopolies of a commercial nature or character, so as ensure that no discrimination regarding the conditions under which goods and services are sold or purchased exists between goods and services originating in the EC Party and those origination in the CARIFORUM States or between nationals of the Member States of the European Union and those of the CARIFORUM States, unless such discrimination is inherent in the existence of the monopoly in question. CARIFORUM States to inform the CARIFORUM-EC Trade and Development Committee of measures adopted to progressively adjust State monopolies of a commercial nature. CARIFORUM States to amend national laws as deemed necessary. The CARICOM Secretariat to undertake inventory to determine whether Member States’ laws are consistent provisions of the Agreement in respect of monopolies and public enterprises. The CARICOM Secretariat to review language of Article 94 of Revised Treaty to ensure consistency with provisions of Chapter 1 of Title IV (Competition) of the CARIFORUM-EC EPA; clarify that public undertakings fall squarely under the competition rules as evinced by the definition of enterprises in Article 1 of the Revised Treaty.

By the end of 2013.


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Title IV: Trade Related Matters Chapter 2: Innovation and Intellectual Property, Section 1: Innovation (Articles 131-138)

Innovation. (Articles 133-138)

National and Regional CARIFORUM States to consider the establishment of National Innovation Systems and Networks. Establishment of Regional Innovation Systems and Innovation Networks. Development of a Compendium of European Union Innovation Support Programmes.

By 1 January 2014.

Title IV: Trade Related Matters Section 2: Intellectual Property (Articles 131-132 and 139-164)

Ensure an adequate and effective implementation of the TRIPS Agreement. (Article 139)

National CARIFORUM States to review and as necessary update legislation.

By 1 January 2014.

Regional Integration- to include - - harmonization of IPR

laws and regulations; - regional management

and enforcement of national IPR;

-creation and management of regional IPR.

(Article 141)

National and Regional Harmonization of IPR laws is ongoing within CARICOM. Rev. Treaty provides for regional management and administration, except for copyright –EPA more extensive and includes the DOMINICAN REPUBLIC (DR). Actions- i Policy decision re; type of regional IPR administration (single regional

rights, mutual recognition of national rights, or a mixture etc); ii Intergovernmental Agreement to establish regional system for all IPRs; iii Implementing legislation.

General Implementation of the provisions of this Section by 2014 (Article 139.4).


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Trademarks. (Article 144)

National and Regional CARIFORUM States “shall endeavour to accede” to Rome Convention for the Protection of Performers, Producers (1961). Barbados, Dominica, Dominican Republic (DR), Jamaica, Saint Lucia are already Parties. CARIFORUM States, with the exception of Barbados, Dominica, the Dominican Republic, Jamaica and St. Lucia to undertake accession and enact the requisite legislation.

General Implementation of the provisions of this Section by 1 January 2014 (Article 139.4). General Implementation of the provisions of this Section by 1 January 2014 (Article 139.4).

National and Regional CARIFORUM States “shall endeavour to apply” Joint Recommendations from the Council under the Paris Convention for the Protection of Industrial Property. All CARIFORUM States are party to the Paris Convention. However, legislation must be reviewed for compliance with the parent Convention as well as the Recommendations.

General Implementation of the provisions of this Section by 1 January 2014 (Article 139.4).

National and Regional CARIFORUM States “shall endeavour to accede” to” Protocol Relating to the Madrid Agreement on International Registration of Marks (1989). Antigua and Barbuda is the only party to this Protocol. CARIFORUM States, with the exception of Antigua and Barbuda to undertake accession and enact the requisite legislation.


National and Regional CARIFORUM States “shall endeavour to accede to” revised Trademark Law Treaty (2006). The Dominican Republic and Trinidad and Tobago are party to the original Treaty. CARIFORUM States which have not acceded to the revised Trade Mark Treaty (2006) to undertake accession and enact the requisite legislation.

General Implementation of the provisions of this Section by 1 January 2014 (Article 139.4) General Implementation of the provisions of this Section by 1 January 2014 (Article 139.4)


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Geographical Indicators. (Article 145)

National and Regional CARIFORUM States to establish a system of protection of GI by 1 January 2014. CARIFORUM States “shall endeavour to apply” Joint Recommendation concerning the protection of marks, and other industrial property rights in signs, on the internet (WIPO, 36th Meeting October 2001).


Patents. (Article 147)

National and Regional CARIFORUM States “shall accede to” Patent Cooperation Treaty (1970). Antigua/Barbuda, Barbados, Belize, Dominica, DOMINICAN REPUBLIC (DR), Grenada, St Kitts/Nevis, Saint Lucia, St Vincent and the Grenadines, Trinidad and Tobago are party. CARIFORUM States which have not acceded to the Patent Cooperation Treaty (1970) to undertake accession and enact the requisite legislation.


National and Regional CARIFORUM States “shall accede to” Budapest Treaty on deposit of micro-organisms (1977).


Protection of plant varieties; Reserve the right to provide exceptions to exclusive rights so farmers may save seeds. (Article 149)

National CARIFORUM States “shall consider acceding to” UPOV. A few CARIFORUM States may have legislation on protection of plant varieties and The Dominican Republic and Trinidad and Tobago are party to UPOV. CARIFORUM States which have not acceded to UPOV to undertake accession and enact the requisite legislation.


Genetic resources, traditional knowledge and folklore.

National CARIFORUM States to ensure protection within domestic legislation. CARIFORUM States to exchange views and information on WIPO and WTO discussion, then review this Article after the results of the multilateral discussions



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Enforcement of IPR. (Articles 151-163)

National and Regional CARIFORUM States to implement comprehensive provisions relating to the administrative and legal requirements for enforcement system to be implemented. CARIFORUM States to review existing legislation develop harmonized legislation and accede to Treaties and Conventions.



Scope: Designation of Procuring Agencies in CARIFORUM States. (Article 167, para 1)

National CARIFORUM States to give effect to the Agreement under domestic law, designating the agencies that are listed in Annex VI as operating under the Agreement.

By the end of 2013. (Antigua and Barbuda, Belize, Dominica, Grenada, Haiti, St. Kitts and Nevis and St Vincent and the Grenadines shall benefit from an implementation period of five years.)

Scope: Threshold value for designated entities under the Agreement - Supplies – SDR155,000 Services – SDR155,000 Works – SDR6,500,000. (Article 167, para 1)

National and Regional CARIFORUM States to give effect to the Agreement with regard to procurement entities listed in Annex VI and in respect of procurements above the thresholds set out in the Annex, under domestic law.



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Transparency of Procurement and ensuring open and effective competition. (Article 167, para 2)

National CARIFORUM States to conduct legal assessment of domestic Public Procurement and reform of existing practices and procedures to ensure transparency of procurement and open effective competition.


Ensuring no less favourable and non-discriminatory treatment for CARIFORUM suppliers and for EC suppliers as specified. (Article 167, para 2a)

National and Regional CARIFORUM States to develop national policy and legal frameworks i.e. enactment and/or amendment legislation to give effect to the commitments enshrined in Article 167:2, to ensure no less favourable and non-discriminatory treatment for EC suppliers as specified. CARIFORUM States to make a determination on extent of best endeavour. CARIFORUM States to undertake creation and reform inter alia, of public procurement practices, procedures, decision-making and organization.


Transparency of government procurement. (Article 168, para 1)

National and Regional CARIFORUM States to promptly publish any law, regulation, judicial decision and administrative ruling of general application and procedures, as well as individual procurement opportunities in the appropriate publications. CARIFORUM States to strengthen national capabilities. (Article 168, para 1) CARIFORUM States to ensure that their procuring entities provide for effective dissemination of the tendering opportunities.



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(Article 168, para 2)

National and Regional CARIFORUM States to develop mechanisms for dissemination. (Article 168, para 2) CARIFORUM States to review tender documentation procedures for compliance and ensure that tender documentation provided to suppliers contain all information necessary to permit them to submit responsive tenders. (Article 168, para 2 (a)) CARIFORUM States to review regulations and rules to include the information to be contained within tender notices. (Article 168, para 2 (a)).


(Article 168, para 2 (b))

National and Regional CARIFORUM States to ensure that entities that do not offer free direct access to the entire tender documents and any supporting documents by electronic means, make promptly available the tender documentation at the request of any eligible supplier of the Parties CARIFORUM States to institute the mechanisms to promptly provide the tender documentation.


(Article 168, para 3, 4 and 5)

National and Regional CARIFORUM States to examine tender procedures for compliance and ensure that for each procurement covered, procuring entities shall publish in advance a notice of intended procurement.



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Methods of Procurement (Article 169

National and Regional CARIFORUM States to examine tender procedures for compliance and ensure procuring entities specify methods of procurement in the tender notice or tender documents. (Article 169, para. 1) CARIFORUM States to examine of national procedures on limited tendering and ensure that laws and regulations clearly prescribe the conditions under which limited8 tendering methods may be used. (Article 169, para 2) CARIFORUM States to examination of T protocols used for E procurement, and either existing amend or enact new legislation to ensure procuring entities adhere to the conditions set out in Article 169.3 when conducting procurement by electronic means.


Selective Tendering. (Article 170)

National and Regional CARIFORUM States to examine national law and regulations amend existing or enact new legislation to ensure that procuring entities adhere to the tendering procedures set out in Article 170:1, 2, and 3, when utilizing selective tendering procedures.


Limited Tendering. (Article 171)

National CARIFORUM States to examine national laws, regulations and procedures, amend existing or enact new legislation to ensure that procuring entities implement the practices and procedures outlined in Article 171:1, 2, with regard to the circumstances under which signatories may employ limited tendering procedures.

By the end of 2013. (Antigua and Barbuda, Belize, Dominica, Grenada, Haiti, St. Kitts and Nevis and St Vincent and the Grenadines shall benefit from an implementation

8 Definition clarification - The Framework Regional Policy, Third Draft refers to “Requests for Quotation” while the EPA Chapter refers to “Limited Tendering” as the same concept.


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period of five years.) Technical Specifications. (Article 173)

National and Regional CARIFORUM States to examine national tender documentation preparation and authorization procedures for compliance with the practices and procedures outlined in Article 173:1, 2, i.e. that procuring entities to ensure that technical specifications are set out in tender notices AND that the procuring entities shall not seek or accept advice that would have the effect of precluding competition in the preparation or adoption of technical specifications. CARIFORUM States to examine national tender documentation preparation and authorization procedures for compliance Article 173: 3, i.e. to ensure that procuring entities specify technical requirements in terms of performance and functional requirements based on international standards where they exist or national standards otherwise.


Qualifications of Suppliers. (Article 174)

National and Regional CARIFORUM States to examine national laws, regulations and procedures, amend existing or enact new legislation to ensure that procuring entities implement the practices and procedures outlined in Article 174:1,2,3 with regard to pre-qualification procedures. CARIFORUM States to examine national laws, regulations and procedures, amend existing or enact new legislation to ensure that procuring entities employ the procedures set out in Article 174:5,6 when maintaining a multi-use list.

CARIFORUM States to examine national laws, regulations and procedures, amend existing or enact new legislation to ensure that procuring entities examine and accept a non-qualified supplier’s requests for participation, unless due to the complexity of the procurement the entity is not able to complete the examination of the request. (Article 174, para 7)



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Negotiations. (Article 175)

National CARIFORUM States to examine national laws, regulations and procedures, amend existing or enact new legislation to ensure that procuring entities conduct negotiations given defined conditions and the procedures that shall be employed to govern the negotiations. (Article 175, para 1 and 2)


Opening of tenders and awarding of contracts. (Article 176)

National CARIFORUM States to examine law and regulations for compliance and ensure that procuring entities adhere to the procedures to be employed when opening tenders and the award of contract set out in Article 176:1, 2.


Information on contract award. (Article 177)

National CARIFORUM States to examine national laws, regulations and procedures (for compliance), amend existing or enact new legislation to ensure that procuring entities provide for effective dissemination of the results of government procurement processes; promptly inform suppliers of decisions regarding the award of contract; upon request, inform any eliminated supplier of the reasons for tender rejection; and publish a notice in the appropriate paper or electronic media. (Article 177:1,2,3 and 4.)


Time Limits. (Article 178)

National CARIFORUM States to examine national laws, regulations, procedures and practices for compliance, and enact new or amend existing legislation to provide for effective dissemination of the results of government procurement processes; promptly inform suppliers of decisions regarding the award of contract; upon request, inform any eliminated supplier of the reasons for tender rejection; and publish a notice in the appropriate Article 178:1,2 and 3.



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CARIFORUM States to implement the practices and procedures outlined in Article.

Bid Challenges. (Article 179)

National CARIFORUM States to examine national law, regulations, procedures and practices for compliance, and enact new or amend existing legislation to give effect to the commitments set out in Article 179, with respect to supplier challenges procedures. CARIFORUM States to examine national law, regulations, procedures and practices for compliance, and enact new or amend existing legislation to ensure that challenge procedures shall provide for effective rapid interim measures to correct breaches of the domestic measures (i.e. practices and procedures governing tribunals for disputes and delivering of remedies) in implementing the CARIFORUM-EC EPA Public Procurement Chapter, Article 179:4.


Part VI – General and Final Provisions (Articles 233-250) Regional preference. (Article 238)

Between Haiti and the Dominican Republic (DR) with respect to all other products specified in Annex 2 of Chapter 1 of Title I and provisions of (Investment, Trade in Services and E-Commerce).

By the end of 2013. (Not before five years of the date of signature (15 October 2008) of the EPA.)


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Implementation (Article 127)

Regional Review the operation of Chapter 1 of Title IV (Competition) of the CARIFORUM-EC EPA after a confidence-building period between their Competition Authorities.

By the end of 2014. (Six years following the coming into operation of Article 128.)


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Arrangements with respect to other duties and charges (ODCs). (Article 16.3)

National CARIFORUM States may retain the application of ODCs for seven (7) years, then phase them out over the next 3 years. CARIFORUM States to enact legislation providing for phase out of ODCs currently being applied.

Phasing out of ODCs from 2016 to 2018.


Regional Integration. (Article 38)

National and Regional CARIFORUM States to develop policy regime and regulatory framework for removal of barriers to agriculture, food and fisheries trade. CARICOM Secretariat to conduct of stakeholder consultations and coordination with relevant Ministries in CARICOM Member States.

By 31 December 2015.

Title IV: Trade Related Matters Chapter 6: Protection of Personal Data (Articles 197-201)

General Objective: Principles of personal data protection. (Article 197)

National and Regional Establish appropriate legal and regulatory regimes and administrative capacity, including independent supervisory authorities - - policy decisions - legislation - possible regional agreement to establish regional system alongside APIS - administrative mechanism and institutions

As soon as possible, no later than 7 years after the entry into force of the EPA. (Article 1(2))

Coherence with International commitments. (Article 200)

National and Regional CARIFORUM States shall inform EC Party about international commitments or arrangements with third countries or any obligation they may be subject to, re: processing or transferring of personal data. (Implications for APIS)

As soon as possible, no later than 7 years after the entry into force of the EPA. (Article 1(2))


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Title IV: Trade Related Matters Section 2: Intellectual Property (Articles 131-132 and 139-164)

Regional Integration (Article 141)

National and Regional CARIFORUM States to examine the scope for - - harmonization of IPR laws and regulations; - regional management and enforcement of national IPR; - creation and management of regional IPR. Harmonization of IPR laws is ongoing within CARICOM. Rev. Treaty provides for regional management and administration, except for copyright –EPA more extensive and includes the Dominican Republic (DR). Actions - - Policy decision re: type of regional IPR administration (single regional rights, mutual recognition of national rights, or a mixture etc) - Intergovernmental Agreement to establish regional system for all IPRs. - Implementing legislation.

WTO Least Developed Countries (Haiti) by 2021 in accordance with TRIPS/WTO for Sub-Section 1 (Article 140)


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OOTTHHEERR





Scope. (Article 167 A, paras. 2 (a) and 2(b))

CARIFORUM States to examine the types of goods and services which may be covered by the provision as well as harmonization of policy. CARIFOPRUM States to endeavour to supporting the creation of regional procurement markets, ensuring treatment no less favorable treatment to any supplier established in any CARIFORUM State, including its procuring entities, than that accorded to domestic goods, services and suppliers.

To be determined by the contracting parties within the framework of the Joint CARIFORUM-EC Council.

Scope. (Article 167 (B))

National CARIFORUM States are required not to choose a valuation method, or divide a procurement, with the aim of avoiding the application of the obligation of the Competition Chapter of the CARIFORUM-EC EPA. CARIFORUM States to ensure that Valuation Rules take into account all valuation methods that take into account all forms of remunerations including premiums, fees, commissions and interests CARIFORUM States to amend legislation to reflect the valuation method.

To be determined by the contracting parties within the framework of the Joint CARIFORUM-EC Council.

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the cf-ec economic partnership agreement (epa) implementation roadmap -15 may 2009

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