the application of this Agreement shall fully take into account the human, cultural, economic, social, health and environmental best interests of their respective population and of future generations;

decision-taking methods shall embrace the fundamental principles of ownership, participation and dialogue.

The provision of technical assistance to build human, legal and institutional capacity in the CARIFORUM States so as to facilitate their ability to comply with the commitments set out in this Agreement;

The provision of assistance for capacity and institution building for fiscal reform in order to strengthen tax administration and improve the collection of tax revenues with a view to shifting dependence from tariffs and other duties and charges to other forms of indirect taxation;

The provision of support measures aimed at promoting private sector and enterprise development, in particular small economic operators, and enhancing the international competitiveness of CARIFORUM firms and diversification of the CARIFORUM economies;

The diversification of CARIFORUM exports of goods and services through new investment and the development of new sectors;

Enhancing the technological and research capabilities of the CARIFORUM States so as to facilitate development of, and compliance with, internationally recognised sanitary and phytosanitary measures and technical standards and internationally recognised labour and environmental standards;

The development of CARIFORUM innovation systems, including the development of technological capacity;

Support for the development of infrastructure in CARIFORUM States necessary for the conduct of trade.

a repeated failure to respect the obligations to verify the originating status of the product(s) concerned;

a repeated refusal or undue delay in carrying out and/or communicating the results of subsequent verification of the proof of origin;

a repeated refusal or undue delay in obtaining authorisation to conduct administrative cooperation missions to verify the authenticity of documents or accuracy of information relevant to the granting of the preferential treatment in question.

The Party or Signatory CARIFORUM State which has made a finding, on the basis of objective information, of a failure to provide administrative cooperation and/or of irregularities or fraud shall without undue delay notify the CARIFORUM-EC Trade and Development Committee of its finding together with the objective information and enter into consultations within the CARIFORUM-EC Trade and Development Committee, on the basis of all relevant information and objective findings, with a view to reaching a solution acceptable to both Parties.

Where the Parties have entered into consultations within the CARIFORUM-EC Trade and Development Committee as above and have failed to agree on an acceptable solution within three months following the notification, the Party or Signatory CARIFORUM State concerned may temporarily suspend the relevant preferential treatment of the product(s) concerned. A temporary suspension shall be notified to the CARIFORUM-EC Trade and Development Committee without undue delay.

Temporary suspensions under this Article shall be limited to that necessary to protect the financial interests of the Party or Signatory CARIFORUM State concerned. They shall not exceed a period of six months, which may be renewed. Temporary suspensions shall be notified immediately after their adoption to the CARIFORUM-EC Trade and Development Committee. They shall be subject to periodic consultations within the CARIFORUM-EC Trade and Development Committee in particular with a view to their termination as soon as the conditions for their application no longer exist.

technical assistance in the area of fiscal reform with a view to shifting dependence from tariff and other duties and charges to other forms of indirect taxation; and

capacity and institution building in regard to the measures outlined in subparagraph (a).

serious injury to the domestic industry producing like or directly competitive products in the territory of the importing Party; or

disturbances in a sector of the economy, particularly where these disturbances produce major social problems, or difficulties which could bring about serious deterioration in the economic situation of the importing Party, or

disturbances in the markets of like or directly competitive agricultural products ( 3 ) or in the mechanisms regulating those markets.

suspension of the further reduction of the rate of import duty for the product concerned, as provided for under this Agreement,

increase in the customs duty on the product concerned up to a level which does not exceed the customs duty applied to other WTO Members, and

introduction of tariff quotas on the product concerned.

Without prejudice to paragraphs 1 to 3, where any product originating in the EC Party is being imported in such increased quantities and under such conditions as to cause or threaten to cause one of the situations referred to under paragraphs 2(a), (b) and (c) to a Signatory CARIFORUM State, the Signatory CARIFORUM State concerned may take surveillance or safeguard measures limited to its territory in accordance with the procedures laid down in paragraphs 6 to 9.

A Signatory CARIFORUM State may take safeguard measures where a product originating in the EC Party is being imported into its territory in such increased quantities and under such conditions as to cause or threaten to cause disturbances to an infant industry producing like or directly competitive products. Such provision is only applicable for a period of 10 years from the date of entry into force of this Agreement. Measures must be taken in accordance with the procedures laid down in paragraphs 6 to 9.

Safeguard measures referred to in this Article shall only be maintained for such a time as may be necessary to prevent or remedy serious injury or disturbances as defined in paragraphs 2, 4 and 5.

Safeguard measures referred to in this Article shall not be applied for a period exceeding two years. Where the circumstances warranting imposition of safeguard measures continue to exist, such measures may be extended for a further period of no more than two years. Where the CARIFORUM States or a Signatory CARIFORUM State apply a safeguard measure, or where the EC Party apply a measure limited to the territory of one or more of its outermost regions, such measures may however be applied for a period not exceeding four years and, where the circumstances warranting imposition of safeguard measures continue to exist, extended for a further period of four years.

Safeguard measures referred to in this Article that exceed one year shall contain clear elements progressively leading to their elimination at the end of the set period, at the latest.

No safeguard measure referred to in this Article shall be applied to the import of a product that has previously been subject to such a measure, for a period of at least one year since the expiry of the measure.

Where a party takes the view that one of the circumstances set out in paragraphs 2, 4 and/or 5 exists, it shall immediately refer the matter to the CARIFORUM-EC Trade and Development Committee for examination.

The CARIFORUM-EC Trade and Development Committee may make any recommendation needed to remedy the circumstances which have arisen. If no recommendation has been made by the CARIFORUM-EC Trade and Development Committee aimed at remedying the circumstances, or no other satisfactory solution has been reached within 30 days of the matter being referred to the CARIFORUM-EC Trade and Development Committee, the importing party may adopt the appropriate measures to remedy the circumstances in accordance with this Article.

Before taking any measure provided for in this Article or, in the cases to which paragraph 8 applies, as soon as possible, the Party or the signatory CARIFORUM State concerned shall supply the CARIFORUM-EC Trade and Development Committee with all relevant information required for a thorough examination of the situation, with a view to seeking a solution acceptable to the parties concerned.

In the selection of safeguard measures pursuant to this Article, priority must be given to those which least disturb the operation of this Agreement.

Any safeguard measure taken pursuant to this Article shall be notified immediately to the CARIFORUM-EC Trade and Development Committee and shall be the subject of periodic consultations within that body, particularly with a view to establishing a timetable for their abolition as soon as circumstances permit.

exchange information concerning customs legislation and procedures;

develop joint initiatives in mutually agreed areas;

establish wherever possible, common positions in international organisations in the field of customs such as the WTO and the World Customs Organisation (WCO);

promote coordination among related agencies.

the need to protect and facilitate trade through enforcement of and compliance with legislative requirements and the need to provide for additional facilitation for traders with a high level of compliance;

the need to ensure that requirements for economic operators are reasonable, non-discriminatory, safeguard against fraud and do not lead to the application of excessive penalties for minor breaches of customs regulations or procedural requirements;

the need to apply a single administrative document or electronic equivalent in the EC Party and in the CARIFORUM, respectively. CARIFORUM States shall continue efforts to this end, with a view to implementation at an early stage after the entry into force of this Agreement. A joint review of the situation shall be carried out three years after the entry into force of the Agreement;

the need to apply modern customs techniques, including risk assessment, simplified procedures at import and export, post release controls and objective procedures for authorised traders. Procedures should be transparent, efficient and simplified, in order to reduce costs and increase predictability for economic operators;

the need for non-discrimination in terms of requirements and procedures applicable to import, export and goods in transit, though it is accepted that consignments might be treated differently according to objective risk assessment criteria;

the need for transparency. To this end, the Parties and the Signatory CARIFORUM States agree to put in place a system of binding rulings on customs matters, notably on tariff classification and rules of origin, in accordance with rules laid down in their respective legislation;

the need for the progressive development of systems, including those based upon Information Technology, to facilitate the electronic exchange of data among traders, customs administrations and related agencies;

the need to facilitate transit movements;

transparent and non-discriminatory rules in respect of the licensing of customs brokers, as well as on the non-requirement for the mandatory use of independent customs brokers;

the need to avoid the mandatory use of pre-shipment inspections or their equivalent, without prejudice to their rights and obligations pursuant to the WTO Agreement on Pre-Shipment Inspections. The Parties shall discuss the matter within the CARIFORUM-EC Trade and Development Committee and may subsequently agree to renounce the possibility of using mandatory pre-shipment inspections or their equivalent.

take further steps towards the reduction, simplification and standardisation of data and documentation;

simplify requirements and formalities wherever possible, in respect of the rapid release and clearance of goods;

provide effective, prompt, non-discriminatory and easily accessible procedures enabling the right of appeal against customs administrative actions, rulings and decisions affecting imports, exports or goods in transit. Any charges shall be commensurate with the cost of the appeal procedures; and

ensure that the highest standards of integrity be maintained, through the application of measures reflecting the principles of the relevant international conventions and instruments in this field.

the application of modern customs techniques, including risk assessment, advance binding rulings, simplified procedures for entry and release of goods, post release controls and company audit methods;

introduction of procedures and practices which reflect as far as practicable, international instruments and standards applicable in the field of customs and trade, including WTO rules and WCO instruments and standards, inter alia, the revised Kyoto Convention on the simplification and harmonisation of customs procedures and the WCO Framework of Standard to Secure and Facilitate Global Trade; and

the automation of customs and other trade procedures.

monitoring the implementation and administration of the provisions of this Chapter;

carrying out the tasks and functions set down in Protocol I;

providing a forum for consultation between the Parties with regard to the obligations provided under Protocol II;

enhancing cooperation and dialogue between the Parties on tariff matters, customs legislation and procedures, mutual administrative assistance in customs matters, rules of origin and administrative cooperation; and

discussing issues relating to technical assistance activities.

Exchange of information on agriculture production, consumption and trade and on the respective market developments for agricultural and fisheries products;

Promotion of investment in CARIFORUM agricultural, food and fisheries sectors, including small-scale activities;

Exchange of information on agriculture, rural development and fisheries policies, laws and regulations;

Discussion of policy and institutional changes needed to underpin the transformation of the agricultural and fisheries sectors as well as the formulation and implementation of regional policies on agriculture, food, rural development and fisheries in pursuit of regional integration;

Exchange of views on new technologies as well as policies and measures related to quality.

Improvement in the competitiveness of potentially viable production, including downstream processing, through innovation, training, promotion of linkages and other support activities, in agricultural and fisheries products, including both traditional and non traditional export sectors;

Development of export marketing capabilities, including market research, both for trade between CARIFORUM States and between the Parties, as well as the identification of options for the improvement of marketing infrastructure and transportation, and the identification of financing and cooperation options for producers and traders;

Compliance with and adoption of quality standards relating to food production and marketing, including standards relating to environmentally and socially sound agricultural practices and organic and non-genetically modified foods;

Promotion of private investment and public-private partnerships in potentially viable production;

Improvement in the ability of CARIFORUM operators to comply with national, regional and international technical, health and quality standards for fish and fish products;

Building or strengthening the scientific and technical human and institutional capability at regional level for sustainable trade in fisheries products, including aquaculture; and

The process of dialogue referred to in Article 41.

Establishment of the appropriate arrangements for the sharing of expertise, including appropriate training intended to ensure adequate and enduring technical competence of the relevant standard setting, metrology, accreditation, market surveillance and conformity assessment bodies, in particular those in the CARIFORUM region.

Development of centres of expertise within CARIFORUM for the assessment of goods for the purpose of such goods access into the EC market.

Development of the capacity of enterprises, in particular CARIFORUM enterprises to meet regulatory and market requirements.

Developing and adopting harmonised technical regulations, standards and conformity assessment procedures based on relevant international standards.

reinforcement of regional integration and the improvement of monitoring, implementation and enforcement of SPS measures consistent with Article 56 including training and information events for regulatory personnel. Public and private sector partnerships may be supported for the achievement of these objectives.

establishment of the appropriate arrangements for the sharing of expertise, to address issues of plant, animal and public health, as well as training and information events for regulatory personnel.

development of the capacity of enterprises, in particular CARIFORUM enterprises, to meet regulatory and market requirements.

cooperation in the international bodies referred to in Article 52, including the facilitation of participation of representatives of CARIFORUM States in the meeting of these bodies.

limitations on the number of commercial presences whether in the form of numerical quotas, monopolies, exclusive rights or other commercial presence requirements such as economic needs tests;

limitations on the total value of transactions or assets in the form of numerical quotas or the requirement of an economic needs test;

limitations on the total number of operations or on the total quantity of output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test ( 10 );

limitations on the participation of foreign capital in terms of maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment; and

measures which restrict or require specific types of commercial presence (subsidiary, branch, representative office) ( 11 ) or joint ventures through which an investor of the other Party may perform an economic activity.

the EC Party shall accord to commercial presences and investors of the Signatory CARIFORUM States a treatment no less favourable than the most favourable treatment applicable to like commercial presences and investors of any third country with whom it concludes an economic integration agreement after the signature of this Agreement;

the Signatory CARIFORUM States shall accord to the commercial presences and investors of the EC Party a treatment no less favourable than the most favourable treatment applicable to like commercial presences and investors of any major trading economy with whom they conclude an economic integration agreement after the signature of this Agreement.

under measures providing for recognition of qualifications, licences or prudential measures in accordance with Article VII of the GATS or its Annex on Financial Services,

under any international agreement or arrangement relating wholly or mainly to taxation, or

under measures benefiting from the coverage of an MFN exemption listed in accordance with Article II.2 of the GATS.

audio-visual services;

national maritime cabotage ( 15 ); and

national and international air transport services, whether scheduled or non-scheduled, and services directly related to the exercise of traffic rights, other than:

cross-border supply of services is defined as the supply of a service:

‘services’ includes any service in any sector except services supplied in the exercise of governmental authority;

‘a service supplied in the exercise of governmental authority’ means any service which is supplied neither on a commercial basis, nor in competition with one or more service suppliers;

‘service supplier’ means any natural or juridical person that seeks to supply or supplies a service;

‘service supplier of a Party’ means a natural or juridical person of the EC Party or a natural or juridical person of a Signatory CARIFORUM State that seeks to supply or supplies a service;

‘supply of a service’ includes the production, distribution, marketing, sale and delivery of a service.

limitations on the number of services suppliers whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirements of an economic needs test;

limitations on the total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test;

limitations on the total number of service operations or on the total quantity of service output expressed in the terms of designated numerical units in the form of quotas or the requirement of an economic needs test.

the EC Party shall accord to services and services suppliers of the Signatory CARIFORUM States a treatment no less favourable than the most favourable treatment applicable to like services and services suppliers of any third country with whom it concludes an economic integration agreement after the signature of this Agreement;

the Signatory CARIFORUM States shall accord to the services and services suppliers of the EC Party a treatment no less favourable than the most favourable treatment applicable to like services and services suppliers of any major trading economy with whom they conclude an economic integration agreement after the signature of this Agreement.

under measures providing for recognition of qualifications, licences or prudential measures in accordance with Article VII of the GATS or its Annex on Financial Services;

under any international agreement or arrangement relating wholly or mainly to taxation; or

under measures benefiting from the coverage of an MFN exemption listed in accordance with Article II.2 of the GATS.

‘key personnel’ means natural persons employed within a juridical person of the EC Party or of the Signatory CARIFORUM States other than a non-profit organisation and who are responsible for the setting-up or the proper control, administration and operation of a commercial presence;

‘key personnel’ comprise ‘business visitors’ responsible for setting up a commercial presence and ‘intra-corporate transfers’;

‘graduate trainees’ means natural persons of the EC Party or of the Signatory CARIFORUM States who have been employed by a juridical person of that EC Party or Signatory CARIFORUM State for at least one year, possess a university degree and are temporarily transferred to a commercial presence or to the parent company of the juridical person in the territory of the other Party, for career development purposes or to obtain training in business techniques or methods ( 18 );

‘business services sellers’ means natural persons of the EC Party or of the Signatory CARIFORUM States who are representatives of a service supplier of that EC Party or Signatory CARIFORUM State seeking temporary entry into the territory of the other Party for the purpose of negotiating the sale of services or entering into agreements to sell services for that service supplier. They do not engage in making direct sales to the general public and do not receive remuneration from a source located within the host EC Party or Signatory CARIFORUM State respectively;

‘contractual services suppliers’ means natural persons of the EC Party or of the Signatory CARIFORUM States employed by a juridical person of that EC Party or Signatory CARIFORUM State which has no commercial presence in the territory of the other Party and which has concluded a bona fide contract (other than through an agency as defined by CPC 872) to supply services with a final consumer in the latter Party requiring the presence on a temporary basis of its employees in that Party in order to fulfil the contract to provide services;

‘independent professionals’ means natural persons of the EC Party or of the Signatory CARIFORUM States engaged in the supply of a service and established as self-employed in the territory of that EC Party or Signatory CARIFORUM State who have no commercial presence in the territory of the other Party and who have concluded a bona fide contract (other than through an agency as defined by CPC 872) to supply services with a final consumer in the latter Party requiring their presence on a temporary basis in that Party in order to fulfil the contract to provide services ( 19 );

‘qualifications’ means diplomas, certificates and other evidence (of formal qualification) issued by an authority designated pursuant to legislative, regulatory or administrative provisions and certifying successful completion of professional training.

legal advisory services in respect of international public law and foreign law (i.e. non-EU law);

accounting and bookkeeping services;

taxation advisory services;

architectural services;

urban planning and landscape architecture services;

engineering services;

integrated engineering services;

medical and dental services;

veterinary services;

midwives services;

services provided by nurses, physiotherapists and paramedical personnel;

computer and related services;

research and development services;

advertising services;

market research and opinion polling;

management consulting services;

services related to management consulting;

technical testing and analysis services;

related scientific and technical consulting services;

maintenance and repair of equipment, including transportation equipment, notably in the context of an after-sales or after-lease services contract;

chef de cuisine services;

fashion model services;

translation and interpretation services;

site investigation work;

higher education services (only privately-funded services);

environmental services;

travel agencies and tour operators' services;

tourist guides services;

entertainment services other than audiovisual services.

the natural persons must be engaged in the supply of a service on a temporary basis as employees of a juridical person, which has obtained a service contract for a period not exceeding 12 months;

the natural persons entering the other Party must be offering such services as an employee of the juridical person supplying the services for at least the year immediately preceding the date of submission of an application for entry into the other Party. In addition, the natural persons must possess, at the date of submission of an application for entry into the other Party, at least three years professional experience ( 20 ) in the sector of activity which is the subject of the contract;

with the exception of fashion model services, chef de cuisine services, and entertainment services other than audiovisual services, the natural persons entering the other Party must possess (i) a university degree or a qualification demonstrating knowledge of an equivalent level ( 21 ) and (ii) professional qualifications where this is required to exercise an activity pursuant to the law, regulations or requirements of the EC Party or of the Signatory CARIFORUM State applicable where the service is supplied;

the natural person shall not receive remuneration for the provision of services other than the remuneration paid by the contractual service supplier during its stay in the other Party;

the temporary entry and stay of natural persons within the Party concerned shall be for a cumulative period of not more than six months or, in the case of Luxemburg, 25 weeks, in any 12-month period or for the duration of the contract, whichever is less;

access accorded under the provisions of this Article relates only to the service activity which is the subject of the contract and does not confer entitlement to exercise the professional title of the Party where the service is provided;

the number of persons covered by the service contract shall not be larger than necessary to fulfill the contract, as it may be decided by the laws, regulations and requirements of the Party where the service is supplied;

other discriminatory limitations, including on the number of natural persons in the form of economic needs tests, which are specified in Annex IV.

legal advisory services in respect of international public law and foreign law (i.e. non-EU law);

architectural services;

urban planning and landscape architecture services;

engineering services;

integrated engineering services;

computer and related services;

research and development services;

market research and opinion polling;

management consulting services;

services related to management consulting;

translation and interpretation services.

the natural persons must be engaged in the supply of a service on a temporary basis as self-employed persons established in the other Party and must have obtained a service contract for a period not exceeding 12 months;

the natural persons entering the other Party must possess, at the date of submission of an application for entry into the other Party, at least six years professional experience in the sector of activity which is the subject of the contract;

the natural persons entering the other Party must possess (i) a university degree or a qualification demonstrating knowledge of an equivalent level ( 22 ) and (ii) professional qualifications where this is required to exercise an activity pursuant to the law, regulations or requirements of the EC Party or of the Signatory CARIFORUM State applicable where the service is supplied;

the temporary entry and stay of natural persons within the Party concerned shall be for a cumulative period of not more than six months or, in the case of Luxembourg, 25 weeks, in any 12-month period or for the duration of the contract, whichever is less;

access accorded under the provisions of this Article relates only to the service activity which is the subject of the contract and does not confer entitlement to exercise the professional title of the Party where the service is provided;

other discriminatory limitations, including on the number of natural persons in the form of economic needs tests, which are specified in Annex IV.

research and design: technical, scientific and statistical researchers on behalf of a company established in the territory of the other Party;

marketing research: personnel conducting research or analysis, including market research, on behalf of a company established in the territory of the other Party;

training seminars: personnel of a company in the EC Party or in the Signatory CARIFORUM States who enter the territory of the other Party to receive training in techniques and work practices employed by companies or organisations in that Party, provided that the training received is confined to observation, familiarisation and classroom instruction only;

trade fairs and exhibitions: personnel attending a trade fair for the purpose of promoting their company or its products or services;

sales: sales representatives and agents taking orders or negotiating contracts for goods for a company located in the territory of the other Party, but not delivering goods;

purchasing: buyers purchasing for a company or management and supervisory personnel engaging in a commercial transaction carried out in the territory of the other Party;

tourism personnel (hotel representatives, tour and travel agents, tour guides or tour operators) attending or participating in tourism conventions or tourism exhibitions,

consulting, strategy, analysis, planning, specification, design, development, installation, implementation, integration, testing, debugging, updating, support, technical assistance, or management of or for computers or computer systems; or

computer programs defined as the sets of instructions required to make computers work and communicate (in and of themselves), plus consulting, strategy, analysis, planning, specification, design, development, installation, implementation, integration, testing, debugging, updating, adaptation, maintenance, support, technical assistance, management or use of or for computer programs; or

data processing, data storage, data hosting or database services; or

maintenance and repair services for office machinery and equipment, including computers; or

training services for staff of clients, related to computer programs, computers or computer systems, and not elsewhere classified.

universal service means the permanent provision of a postal service of specified quality at all points in the territory of the EC Party and of the Signatory CARIFORUM States at affordable prices for all users;

an ‘individual licence’ means an authorisation, granted to an individual supplier by a regulatory authority, which is required before supplying a given service.

all the licensing criteria and the period of time normally required to reach a decision concerning an application for a licence, and

the terms and conditions of individual licences.

‘telecommunications services’ means all services consisting of the transmission and reception of electro-magnetic signals and do not cover the economic activity consisting of the provision of content which requires telecommunications for its transport;

a ‘regulatory authority’ in the telecommunications sector means the body or bodies charged with the regulation of telecommunications mentioned in this Chapter;

‘essential telecommunications facilities’ mean facilities of a public telecommunications transport network and service that:

a ‘major supplier’ in the telecommunications sector is a supplier which has the ability to materially affect the terms of participation (having regard to price and supply) in the relevant market for telecommunications services as a result of control over essential facilities or the use of its position in the market;

‘interconnection’ means linking with suppliers providing public telecommunications transport networks or services in order to allow the users of one supplier to communicate with users of another supplier and to access services provided by another supplier;

‘universal service’ means the set of services of specified quality that must be made available to all users in the territory of the EC Party and of the Signatory CARIFORUM States regardless of their geographical location and at an affordable price; its scope and implementation are decided by the EC Party and by the Signatory CARIFORUM States.

all the licensing criteria and a reasonable period of time normally required to reach a decision concerning an application for a licence shall be made publicly available;

the reasons for the denial of a licence shall be made known in writing to the applicant upon request;

the applicant of a licence shall be able to seek recourse before an appeal body in case a licence is unduly denied;

licence fees required by the EC Party or by the Signatory CARIFORUM States for granting a licence shall not exceed the administrative costs normally incurred in the management, control and enforcement of the applicable licences.

under non-discriminatory terms, conditions (including technical standards and specifications) and rates and of a quality no less favourable than that provided for its own like services or for like services of non-affiliated service suppliers or for its subsidiaries or other affiliates;

in a timely fashion, on terms, conditions (including technical standards and specifications) and rates ( 23 ) that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled so that the supplier need not pay for network components or facilities that it does not require for the service to be provided; and

upon request, at points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of necessary additional facilities.

directories of all subscribers are available to users in a form approved by the national regulatory authority, whether printed or electronic, or both, and are updated on a regular basis, and at least once a year;

organisations that provide the services referred to in subparagraph (a) apply the principle of non-discrimination to the treatment of information that has been provided to them by other organisations.

‘financial service’ means any service of a financial nature offered by a financial service supplier of the EC Party and of the Signatory CARIFORUM States. Financial services comprise the following activities:

‘financial service supplier’ means any natural or juridical person of the EC Party or of the Signatory CARIFORUM States which seeks to provide or provides financial services. The term ‘financial service supplier’ does not include a public entity;

‘public entity’ means:

‘new financial service’ means a service of a financial nature, including services related to existing and new products or the manner in which a product is delivered, that is not supplied by any financial service supplier in the territory of the EC Party or of the Signatory CARIFORUM States but which is supplied in the territory of the other Party.

the protection of investors, depositors, policy-holders or persons to whom a fiduciary duty is owed by a financial service supplier;

ensuring the integrity and stability of their financial system.

by means of an official publication; or

in other written or electronic form.

‘international maritime transport’ includes door to door and multi-modal transport operations, which is the carriage of goods using more than one mode of transport, involving a sea-leg, under a single transport document, and to this effect includes the right to directly contract with providers of other modes of transport;

‘maritime cargo handling services’ means activities exercised by stevedore companies, including terminal operators, but not including the direct activities of dockers, when this workforce is organised independently of the stevedoring or terminal operator companies. The activities covered include the organisation and supervision of:

‘customs clearance services’ (alternatively ‘customs house brokers’ services') means activities consisting in carrying out on behalf of another party customs formalities concerning import, export or through transport of cargoes, whether this service is the main activity of the service provider or a usual complement of its main activity;

‘container station and depot services’ means activities consisting in storing containers, whether in port areas or inland, with a view to their stuffing/stripping, repairing and making them available for shipments;

‘maritime agency services’ means activities consisting in representing, within a given geographic area, as an agent the business interests of one or more shipping lines or shipping companies, for the following purposes:

‘freight forwarding services’ means the activity consisting of organising and monitoring shipment operations on behalf of shippers, through the acquisition of transport and related services, preparation of documentation and provision of business information.

The EC Party and the Signatory CARIFORUM States shall apply effectively the principle of unrestricted access to the international maritime markets and trades on a commercial and non-discriminatory basis;

The EC Party and the Signatory CARIFORUM States shall grant to ships flying the flag of the other Party or of any Signatory CARIFORUM State or operated by service suppliers of the other Party treatment no less favourable than that accorded to their own ships with regard to, inter alia, access to ports, use of infrastructure and auxiliary maritime services of the ports, as well as related fees and charges, customs facilities and the assignment of berths and facilities for loading and unloading.

not introduce cargo-sharing arrangements in future bilateral agreements with third countries concerning maritime transport services, including dry and liquid bulk and liner trade, and terminate, within a reasonable period of time, such cargo-sharing arrangements in case they exist in previous bilateral agreements; and

upon the entry into force of this Agreement, abolish and abstain from introducing any unilateral measures and administrative, technical and other obstacles which could constitute a disguised restriction or have discriminatory effects on the free supply of services in international maritime transport.

The upgrading of national accounting systems with a view to facilitating the introduction of Tourism Satellite Accounts (TSA) at the regional and local level;

Capacity building for environmental management in tourism areas at the regional and local level;

The development of Internet marketing strategies for small and medium-sized tourism enterprises in the tourism services sector;

Mechanisms to ensure the effective participation of Signatory CARIFORUM States in international standard setting bodies focused on sustainable tourism standards development; programmes to achieve and ensure equivalency between national/regional and international standards for sustainable tourism; and programmes aimed at increasing the level of compliance with sustainable tourism standards by regional tourism services suppliers;

Tourism exchange programs and training, including language training, for tourism services providers.

the recognition of certificates of electronic signatures issued to the public and the facilitation of cross-border certification services;

the liability of intermediary service providers with respect to the transmission, or storage of information;

the treatment of unsolicited electronic commercial communications;

the protection of consumers in the ambit of electronic commerce;

any other issue relevant for the development of electronic commerce.

Improving the ability of service suppliers of the Signatory CARIFORUM States to gather information on and to meet regulations and standards of the EC Party at European Community, national and sub-national levels;

Improving the export capacity of service suppliers of the Signatory CARIFORUM States, with particular attention to the marketing of tourism and cultural services, the needs of small and medium-sized enterprises, franchising and the negotiation of mutual recognition agreements;

Facilitating interaction and dialogue between service suppliers of the EC Party and of the Signatory CARIFORUM States;

Addressing quality and standards needs in those sectors where the Signatory CARIFORUM States have undertaken commitments under this Agreement and with respect to their domestic and regional markets as well as trade between the Parties, and in order to ensure participation in the development and adoption of sustainable tourism standards;

Developing and implementing regulatory regimes for specific service sectors at CARIFORUM regional level and in Signatory CARIFORUM States in those sectors where they have undertaken commitments under this Agreement; and

Establishing mechanisms for promoting investment and joint ventures between service suppliers of the EC Party and of the Signatory CARIFORUM States, and enhancing the capacities of investment promotion agencies in Signatory CARIFORUM States.

The activity being investigated takes place wholly or substantially within the jurisdiction of any of the other Competition Authorities;

The remedy likely to be imposed would require the prohibition of conduct in the territory of the other Party or Signatory CARIFORUM States;

The activity being investigated involves conduct believed to have been required, encouraged or approved by the other Party or Signatory CARIFORUM States.

the efficient functioning of the CARIFORUM Competition Authorities;

assistance in drafting guidelines, manuals and, where necessary, legislation;

the provision of independent experts; and

the provision of training for key personnel involved in the implementation of and enforcement of competition policy.

promotion of innovation, diversification, modernisation, development and product and process quality in businesses;

promotion of creativity and design, particularly in micro, small and medium enterprises, and exchanges between networks of design centres located in the EC Party and the CARIFORUM States;

promotion of dialogue and exchanges of experience and information between networks of economic operators;

technical assistance, conferences, seminars, exchange visits, prospecting for industrial and technical opportunities, participation in round tables and general and sectoral trade fairs;

promotion of contacts and industrial cooperation between economic operators, encouraging joint investment and ventures and networks through existing and future programs;

promotion of partnerships for research and development activities in the CARIFORUM States in order to improve their innovation systems; and

intensification of activities to promote linkages, innovation and technology transfer between CARIFORUM and European Community partners.

joint initiatives to raise the awareness of the science and technology capacity building programmes of the European Community, including the international dimension of 7th Framework Programme for Research and Technological Development (FP7) and possible successor programmes, as appropriate;

joint research networks in areas of common interest;

exchanges of researchers and experts to promote project preparation and participation in FP7 and in the other research programmes of the European Community;

joint scientific meetings to foster exchanges of information and interaction and to identify areas for joint research;

promotion of advanced science and technology studies which contribute to the long term sustainable development of both Parties;

development of links between the public and private sectors;

evaluation of joint work and the dissemination of results;

policy dialogue and exchanges of scientific and technological information and experience at regional level;

exchange of information at regional level on regional science and technology programmes;

participation in the Knowledge and Innovation Communities of the European Institute of Innovation and Technology.

dialogue on the various policy aspects regarding the promotion and monitoring of the information society;

exchange of information on regulatory issues;

exchange of information on standards and interoperability issues;

promotion of cooperation in the field of ICT research and development and in the field of ICT-based research infrastructures;

development of non-commercial content and pilot applications in domains of high societal impact; and

ICT capacity-building with, in particular, the promotion of networking, exchange and training of specialists, especially in the regulatory domain.

projects related to environmentally-friendly products, technologies, production processes, services, management and business methods, including those related to appropriate water-saving and Clean Development Mechanism applications;

projects related to energy efficiency and renewable energy;

promotion of eco-innovation networks and clusters, including through public-private partnerships;

exchanges of information, know-how and experts;

awareness-raising and training activities;

preparation of studies and provision of technical assistance;

collaboration in research and development; and

pilot and demonstration projects.

The World Intellectual Property Organisation (WIPO) Copyright Treaty (Geneva, 1996); and

The WIPO Performances and Phonograms Treaty (Geneva, 1996).

regardless of the class of product on which it is used, the use in their territory of any means in the designation or presentation of a good that indicates or suggests that the good in question originates in a geographical area other than the true place or origin in a manner which misleads the public as to the true geographical origin of the good; or any other use which constitutes an act of unfair competition within the meaning of Article 10bis of the Paris Convention;

any use of the protected names for goods in the same class of product as the geographical indication which do not originate in the geographical area indicated, even where:

The Patent Cooperation Treaty (Washington, 1970, last modified in 1984);

The Patent Law Treaty (Geneva, 2000);

The Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the Purposes of Patent Procedure (1977, amended in 1980).

The Patent Cooperation Treaty (Washington, 1970, last modified in 1984);

The Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the Purposes of Patent Procedure (1977, amended in 1980).

diagnostic, therapeutic and surgical methods for the treatment of humans or animals;

subject to Article 150, plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes.

In WIPO, on the issues dealt with in the framework of the Intergovernmental Committee on Genetic Resources, Traditional Knowledge and Folklore; and,

In the WTO, on the issues related to the relationship between the TRIPS Agreement and the Convention on Biological Diversity, the protection of traditional knowledge and folklore.

was found in possession of the infringing goods on a commercial scale;

was found to be using the infringing services on a commercial scale;

was found to be providing on a commercial scale services used in infringing activities; or

was indicated by the person referred to in subparagraph (a), (b) or (c) as being involved in the production, manufacture or distribution of the goods or the provision of the services.

the names and addresses of the producers, manufacturers, distributors, suppliers and other previous holders of the goods or services, as well as the intended wholesalers and retailers;

information on the quantities produced, manufactured, delivered, received or ordered, as well as the price obtained for the goods or services in question.

grant the right holder rights to receive fuller information;

govern the use in civil or criminal proceedings of the information communicated pursuant to this Article;

govern responsibility for misuse of the right of information;

afford an opportunity for refusing to provide information which would force the person referred to in paragraph 1 to admit to his own participation or that of his close relatives in an infringement of an intellectual property right; or

govern the protection of confidentiality of information sources or the processing of personal data.

they shall take into account all appropriate aspects, such as the negative economic consequences, including lost profits, which the injured party has suffered, any unfair profits made by the infringer and, in appropriate cases, elements other than economic factors; or

as an alternative to (a), they may, in appropriate cases, set the damages as a lump sum on the basis of elements such as at least the amount of royalties or fees which would have been due if the infringer had requested authorisation to use the intellectual property right in question.

Reinforcement of regional initiatives, organisations and offices in the field of intellectual property rights, including the training of personnel and the development of publicly available databases, with a view to improving regional regulatory capacity, regional laws and regulations, as well as regional implementation, with respect to intellectual property commitments undertaken under this Section, including on enforcement. This shall in particular involve support to countries not party but wishing to adhere to regional initiatives, as well as regional management of copyright and related rights.

Support in the preparation of national laws and regulations for the protection and enforcement of intellectual property rights, in the establishment and reinforcement of domestic offices and other agencies in the field of intellectual property rights, including the training of personnel on enforcement; as well as for the establishment of means of collaboration between such agencies of the Parties and the Signatory CARIFORUM States, also in order to facilitate accession and compliance by the Signatory CARIFORUM States to the Treaties and Conventions referred to in this Section.

Identification of products that could benefit from protection as geographical indications and any other action aimed at achieving protection as geographical indications for these products. In so doing, the EC Party and the Signatory CARIFORUM States shall pay particular attention to promoting and preserving local traditional knowledge and biodiversity through the establishment of geographical indications.

The development by trade or professional associations or organisations of codes of conduct aimed at contributing towards the enforcement of intellectual property rights in consultation with the competent authorities of the Parties and the Signatory CARIFORUM States.

With respect to any measure regarding covered procurement, each Signatory CARIFORUM State, including its procuring entities, shall endeavour not to treat a supplier established in any CARIFORUM State less favourably than another locally established supplier.

With respect to any measure regarding covered procurement, the EC Party and the Signatory CARIFORUM States, including their procuring entities:

the acquisition or rental of land, existing buildings, or other immovable property or the rights thereon;

non-contractual agreements or any form of assistance that a Party or Signatory CARIFORUM State provides, including cooperative agreements, grants, loans, equity infusions, guarantees, and fiscal incentives;

the procurement or acquisition of fiscal agency or depositary services, liquidation and management services for regulated financial institutions, or services related to the sale, redemption and distribution of public debt, including loans and government bonds, notes and other securities;

the acquisition, development, production or co-production of programme material intended for broadcasting by broadcasters and contracts for broadcasting time;

arbitration and conciliation services;

public employment contracts;

research and development services;

the procurement of agricultural products made in furtherance of agricultural support programmes and human feeding programmes, including food aid;

intra-governmental procurement;

procurement conducted:

Tender documentation provided to suppliers shall contain all information necessary to permit them to submit responsive tenders.

Where entities do not offer free direct access to the entire tender documents and any supporting documents by electronic means, entities shall make promptly available the tender documentation at the request of any eligible supplier of the Parties.

name, address, fax number, electronic address (where available) of the procuring entity and, if different, the address where all documents relating to the procurement may be obtained;

the tendering procedure chosen and the form of the contract;

a description of the intended procurement, as well as essential contract requirements to be fulfilled;

any conditions that suppliers must fulfil to participate in the procurement;

time-limits for submission of tenders and, where applicable, any time limits for the submission of requests for participation in the procurement;

all criteria to be used for the award of the contract; and

if possible, terms of payment and other terms.

ensure that the procurement is conducted using generally available and interoperable information technology products and software, including those related to authentication and encryption of information; and

maintain mechanisms that ensure the integrity of, and prevent inappropriate access to, requests for participation and tenders.

Publish a notice of intended procurement;

In the notice of intended procurement invite eligible suppliers to submit a request for participation;

Select the suppliers to participate in the selective tendering procedure in a fair manner; and

Indicate the time limit for submitting requests for participation.

when no suitable tenders have been submitted in response to an open or selective tendering procedure, on condition that the requirements of the initial tender are not substantially modified;

when, for technical or artistic reasons, or for reasons connected with protection of exclusive rights, the contract may be performed only by a particular supplier and no reasonable alternative or substitute exists;

for reasons of extreme urgency brought about by events unforeseen by the procuring entity, the products or services could not be obtained in time by means of open or selective tendering procedures;

for additional deliveries of goods or services by the original supplier where a change of supplier would compel the procuring entity to procure equipment or services not meeting requirements of interchangeability with already existing equipment or services procured under the initial procurement and such separation would cause significant inconvenience or substantial duplication of costs to the procuring entity;

when a procuring entity procures prototypes or a first product or service which are developed at its request in the course of, and for, a particular contract for research, experiment, study or original development;

when additional services which were not included in the initial contract but which were within the objectives of the original tender documentation have, through unforeseen circumstances, become necessary to complete the services described therein. However, the total value of contracts awarded for the additional services shall not exceed 50 % of the amount of the original contract;

for new services consisting of the repetition of similar services which conform to a basic project for which an initial contract was awarded following an open or selective procurement method, and for which the procuring entity has indicated in the notice of intended procurement that a limited procurement method might be used in awarding contracts for such new services;

for products purchased on a commodity market;

in the case of contracts awarded to the winner of a design contest; in the case of several successful candidates, successful candidates shall be invited to participate in the negotiations as specified in the notice of the intended procurement or the tender documents; and

for purchases made under exceptionally advantageous conditions which only arise in the very short term in the case of unusual disposals such as arising from liquidation, receivership or bankruptcy and not for routine purchases from regular suppliers.

specify the technical specifications, in terms of performance and functional requirements, rather than design or descriptive standards; and

base the technical specifications on international standards, where such exist; otherwise, on national technical regulations, recognised national standards or building codes.

published annually; and

where published by electronic means, made available continuously in one of the appropriate media listed in Annex VII.

a description of the goods and services, or categories thereof, for which the list may be used;

the conditions for participation to be satisfied by suppliers and the methods that the procuring entity will use to verify a supplier's satisfaction of the conditions;

the name and address of the procuring entity and other information necessary to contact the entity and obtain all relevant documents relating to the list; and

the period of validity of the list and the means for its renewal or termination, or where the period of validity is not provided, an indication of the method by which notice will be given of the termination of use of the list.

in the context of procurements in which they have indicated such intent in the notice of intended procurement; or

where it appears from the evaluation that no one tender is obviously the most advantageous in terms of the specific evaluation criteria set forth in the notice of intended procurement or tender documentation.

ensure that any elimination of suppliers in negotiations is carried out in accordance with the evaluation criteria set out in the notice of intended procurement or tender documentation; and

when negotiations are concluded, provide a common deadline for the remaining suppliers to submit any new or revised tenders.

a description of the goods or services procured;

the name and address of the procuring entity;

the name and address of the successful supplier;

the value of the successful tender or the highest and lowest offers taken into account in the award of the contract;

the date of the award; and

the type of procurement method used, and in cases where a limited tendering procedure was used, a description of the circumstances justifying the use of such procedure.

Exchange of experience and information about best practices and regulatory frameworks;

Establishment and maintenance of appropriate systems and mechanisms to facilitate compliance with the obligations of this Chapter; and

Creation of an on-line facility at the regional level for the effective dissemination of information on tendering opportunities, so as to facilitate the awareness of all companies about procurement processes.

lowering the level of protection provided by domestic environmental and public health legislation;

derogating from, or failing to apply such legislation.

technical assistance to producers in meeting relevant product and other standards applicable in markets of the EC Party;

promotion and facilitation of private and public voluntary and market-based schemes including relevant labelling and accreditation schemes;

technical assistance and capacity building, in particular to the public sector, in the implementation and enforcement of multilateral environmental agreements, including with respect to trade-related aspects;

facilitation of trade between the Parties in natural resources, including timber and wood products, from legal and sustainable sources;

assistance to producers to develop and/or improve production of goods and services, which the Parties consider to be beneficial to the environment; and

promotion and facilitation of public awareness and education programmes in respect of environmental goods and services in order to foster trade in such products between the Parties.

exchange of information on the respective social and labour legislation and related policies, regulations and other measures;

the formulation of national social and labour legislation and the strengthening of existing legislation, as well as mechanisms for social dialogue, including measures aimed at promoting the Decent Work Agenda as defined by the ILO;

educational and awareness-raising programmes, including skills training and policies for labour market adjustment, and raising awareness of health and safety responsibilities, workers' rights and employers' responsibilities; and

enforcement of adherence to national legislation and work regulation, including training and capacity building initiatives of labour inspectors, and promoting corporate social responsibility through public information and reporting.

their common interest in protecting fundamental rights and freedoms of natural persons, and in particular their right to privacy, with respect to the processing of personal data,

the importance of maintaining effective data protection regimes as a means of protecting the interests of consumers, stimulating investor confidence and of facilitating transborder flows of personal data;

that the collection and processing of personal data should be accomplished in a transparent and fair manner, with due respect accorded to the data subject,

exchange of information and expertise;

assistance in drafting legislation, guidelines and manuals;

provision of training for key personnel;

assistance with the establishment and functioning of relevant institutional frameworks;

assistance with the design and implementation of compliance initiatives aimed at economic operators and consumers in order to stimulate investor and public confidence.

are necessary to protect public security and public morals ( 31 ) or to maintain public order;

are necessary to protect human, animal or plant life or health;

are necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement including those relating to:

relate to the importation or exportation of gold or silver;

are necessary to the protection of national treasures of artistic, historic or archaeological value;

relate to the conservation of exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption of goods, domestic supply or consumption of services and on domestic investors;

relate to the products of prison labour; or

are inconsistent with Articles 68 and 77, provided that the difference in treatment is aimed at ensuring the effective or equitable imposition or collection of direct taxes in respect of economic activities, investors or service suppliers of the EC Party or a Signatory CARIFORUM State ( 32 ).

to require the EC Party or a Signatory CARIFORUM State to furnish any information the disclosure of which it considers contrary to its essential security interests;

to prevent the EC Party or a Signatory CARIFORUM State from taking any action which it considers necessary for the protection of its essential security interests:

to prevent the EC Party or a Signatory CARIFORUM State from taking any action in order to carry out obligations it has accepted for the purpose of maintaining international peace and security.

in the area of trade:

in the area of development:

set up and oversee any special committees or bodies to deal with matters falling within its competence, and determine their composition and duties, and their rules of procedure;

meet at any time agreed by the Parties;

consider any issues under this Agreement and take appropriate action in the exercise of its functions; and

take decisions or make recommendations in the cases provided for in this Agreement or where such implementing power has been delegated to it by the Joint CARIFORUM-EC Council. In such cases the Committee shall take decisions or make recommendations in accordance with the conditions laid down in Article 229(4).

Any more favourable treatment and advantage shall apply immediately upon the signature of this Agreement with respect to all products attracting a zero rate of duty as specified in Annex III.

Any more favourable treatment and advantage shall apply one year after the date of signature of this Agreement, between the CARIFORUM States which comprise the ‘More Developed Countries’ of the Caribbean Community (the Commonwealth of Bahamas, Barbados, the Republic of Guyana, Jamaica, the Republic of Suriname and the Republic of Trinidad and Tobago) and the Dominican Republic with respect to all other products specified in Annex III and the provisions of Annex IV.

Any more favourable treatment and advantage shall apply two years after the date of signature of this Agreement, between the CARIFORUM States which comprise the ‘Less Developed Countries’ of the Caribbean Community (Antigua and Barbuda, Belize, the Commonwealth of Dominica, Grenada, Saint Christopher and Nevis, Saint Lucia, Saint Vincent and the Grenadines) and the Dominican Republic with respect to all other products specified in Annex III and the provisions of Annex IV. The Republic of Haiti shall not be required to extend any such more favourable treatment and advantage to the Dominican Republic before five years of the date of signature of this Agreement.

the nature and extent of the balance of payments and the external financial difficulties;

the external economic and trading environment;

alternative corrective measures which may be available.