The CF-EC Economic Partnership Agreement (EPA) Implemantation Roadmap -15 May 2009

8/8/2019 The CF-EC Economic Partnership Agreement (EPA) Implemantation Roadmap -15 May 2009

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Draft Reworked Roadmap-15 May 2009 (X)

DRAFT

REWORKED ROAD MAP

FOR

IMPLEMENTATIONOF 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: ] 7-21Investment 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: ] 23Telecommunication 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 ] 30-31and 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) ]

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


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(iv) Joint Declaration on Development Cooperation ] 38


(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


(i) Title II: Investment, Trade in Services and E-Commerce ] 42Chapters 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 ] 44-45Property, 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


(i) Title IV: Trade Related Matters - Competition (Articles 125-130) ] 54


(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) ]


(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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22000088)) TTOO WWIITTHHIINN 66 MMOONNTTHHSS::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 RegionalIndividual Member States and CARIFORUM in general to continuouslymonitor the operation of the CARIFORUM-EC EPA, through theirrespective participative processes and institutions, as well as those setup under this Agreement.

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

Cooperation Priorities.(Article 8.1)

National and RegionalIndividual Member States and CARIFORUM in general to determinedevelopment needs and Aid for Trade priorities.

Includes provision of -

i. Technical assistance to build human, legal and institutional capacityin CARIFORUM states;

ii. Support measures for promoting private sector and enterprisedevelopment;

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

iv. Cooperation for the development of CAIRFORUM innovativesystems.



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Issue Areas Actions to be Taken on National or Regional Levels Implementation Timeline

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

Classification of Goods.(Article 12)

NationalCARIFORUM States, are required to ensure the Classification of Goodscovered by the Agreement in the Harmonized Commodity Descriptionand Coding System (HS) (2007 Revision) 2007, in accordance with therules of classification thereto.

No later than six months aftersignature (15 October 2008)of CARIFORUM-ECEconomic PartnershipAgreement (EPA).

Customs Duties onImports of OriginatingProducts from the ECParty. (Article 16)

NationalPreparation and enactment of Legislation for prescribing of zero duty) onoriginating products or as provided in Annex III.

1 January 2009.

Arrangements withrespect to Other Dutiesand Charges (ODCs).

(Article 16.3)

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

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

Annex IIApplication in the EC oftariff treatment onCustoms Duties onOriginating Sugar andRice exported fromCARIFORUM States.

NationalEarly declaration by CARIFORUM States of shortfalls in deliveries underthe Sugar Protocol for the marketing period 2008-2009 with a view toobtaining EC agreement to reallocate among CARIFORUM States inkeeping with the Joint Declaration on Reallocation of UndeliveredQuantities Under the Sugar Protocol.

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

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

Upon Application (29December 2008) of theCARIFORUM-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 187,000tonnes 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 GoodsChapter 2: Trade Defense Instruments (Articles 23-25)

Antidumping andcountervailing measuresand safeguards.(Articles 23, 24 and 25)

NationalCARIFORUM States are to prepare and enact Antidumping andCountervailing and Safeguard Measures Legislation to permit actionpursuant to the provisions of the Agreement.

RegionalPreparation of Draft Model Legislation.


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

Prohibition ofQuantitativeRestrictions. (Article 26)

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


National Treatment oninternal taxation andregulation. (Article 27)

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


Agricultural exportsubsidies. (Article 28)

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



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National and RegionalCARIFORUM States are to monitor of the phase-out of existing exportsubsides by the EC on goods for which CARIFORUM States havecommitted to the elimination of Custom Duties [Art. 28.2].

Upon Provisional Application(29 December 2008) of theCARIFORUM-EC EPA Ongoing matter forconsideration of the Tradeand DevelopmentCommittee.

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

Food Security.

(Article 40)

NationalFocal points to be identified by Member States.

Development of national rapid-response mechanisms to identify andexamine deleterious effects of the implementation of the CARIFORUM-EC EPA on domestic agricultural, food and fisheries sectors andconsumers, particularly in respect of the policy objective of food security.

RegionalConsultations within the ambit of the Trade and DevelopmentCommittee, to facilitate exchange of information and consultative

process.

Development, within CARIFORUM, of an EPA specific food securitypolicy regime and regulatory framework which allows for the applicationof CARIFORUM-EC bilateral Safeguards in response to food securityconcerns.

Upon Provisional Application

(29 December 2008) of theCARIFORUM-EC EPA.


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Traditional AgriculturalProducts.(Article 42)

NationalDevelopment of national polices on traditional products.

RegionalCoordination of relevant national polices.


NationalConduct of seminars on commodity related policies regulations andmarket access opportunities and technical requirements.

RegionalDevelopment of a framework for continuous engagement of the EC inrespect of coordinating negotiating positions with regard to maintenanceof significant preferential market access for the CARICOM traditionalproducts, in the multilateral Agriculture and Non-Agricultural MarketAccess negotiations.Coordination of CARIFORUM States policy positions, EPAimplementation experiences and negotiating positions in the multilateral

trade negotiations, with regard to traditional products.

Monitoring by CARIFORUM States of trade policy development in theEC which may impact on trade in traditional agriculture products.

Conduct of periodic consultations with regional stakeholders andrelevant national Ministries.



Title I: Trade In Goods

Chapter 6: Technical Barriers to Trade (Articles 44-51)

Exchange of Informationand Consultation.(Article 49)

NationalEach CARIFORUM State to designate National Contact Point forexchange of information [Art.49(1)].

RegionalThe Region to designate Regional Contact Point(s).



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


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

Objectives.

(Article 53)

Capacity to identifyprevent and minimizebarriers and disruptions.

National and RegionalCARIFORUM States to conduct a study to identify the non-trade barriers

as result of measures to protect plant, animal and health; and developan implementation schedule for removal.

CARIFORUM States to establish, with the assistance of the EC,harmonized intra-regional SPS measures with a view to facilitating therecognition of equivalence of such measures with those existing in theEC.

CARIFORUM States to determine the capacity building assistanceneeded from the EC in order to ensure compliance with the SPSmeasures of the EC Party.



Recognition ofEquivalence.

National and RegionalCARIFORUM to conduct a study for assessment of equivalencemeasures, 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 - SPSnotifications, inquiry and management.



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Designation ofCompetent Authoritiesby Member States.(Article 55)

NationalCARIFORUM States to designate (establish where necessary) NationalCompetent Authorities for implementation of sanitary and phytosanitarymeasures of the Agreement.

CARIFORUM States are required to inform the EC, in a timely manner,of significant changes in the structure, nature and organization anddivision of their Competent Authorities.

RegionalCARIFORUM to determine the regional body representing theCompetent Authorities to the maximum extent possible, and throughwhich exchange of information will be channeled.

Preparation and enactment of CARICOM Plant, Animal, Pesticides,Food Safety Acts and supporting regulations.


Transparency.(Article 57)

NationalCARIFORUM States are to inform the EC at an early stage of proposalsto modify or introduce SPS regulations or measures that are especiallyrelevant to trade between the two Parties.


Cooperation.(Article 59)

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

Upon Provisional Application(29 December 2008) of theCARIFORUM-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 publichealth.

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


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Capacity to prevent andminimize plant, animaland public health risks.

Development ofRegional Policy and Strategy for Agricultural Health andFood Safety.

Harmonized SPSmeasures.

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

Harmonized SPSmeasures.

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

Cooperation andCoordination of regional

positions.

Participation in international standard setting bodies.

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

Chapter 2 Commercial Presence

Future Liberalization.(Article 62)

National and RegionalCARIFOUM States to identify new sectors for liberalization and theconditions under which the services will be provided from the EU.

CARIFORUM States, with the assistance of the CARIFORUM/CARICOMSecretariats, to conduct studies and national consultations, on sectors tobe liberalized.

No later than six months afterprovisional application (29

December 2008) of theCARIFORUM-EC EPA.

Application to TheBahamas and Haiti.(Article 63)

National and RegionalCARIFORUM States to make the necessary changes to Annex V with aview to incorporating the commitments of The Bahamas and Haiti, bydecision of the CARIFORUM-EC Trade and Development Committee.

Identification and listing all legislative changes necessary to facilitatetrade in services in the proposed sectors.

Preparation of commitments on market access and national treatment insectors of interest to The Bahamas and Haiti.

No later than six months afterthe signature (15 October2008) of the CARIFORUM-EC EPA.


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Draft Commitments of The Bahamas and Haiti to be reviewed byCARIFORUM States.

[CARICOM Member States and CARIFORUM to defend thecommitments of The Bahamas and Haiti at the CARIFORUM-EU JointCouncil].

CARIFORUM State to implement policies, and enact legislation, which

facilitate the grant of MFN treatment to EU service providers.

Regional CARIFORUMIntegration.(Article 64)

National and RegionalProgressive removal of barriers and the provision of appropriateregulatory frameworks (possibly using the principles set in Chapter 5 ofTitle II of the CARIFORUM-EC EPA) for trade in services and investmentbetween 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 theelements 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 theCARIFORUM-EC EPA.


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Market Access.(Article 67)

National and RegionalCARIFORUM States are to accord commercial presence to EC firms andinvestors in accordance with the scheduled commitments of Annex IV ofthe CARIFORUM-EC EPA.

CARIFORUM States to ensure that they do not maintain limitations onthe number of commercial presences; total value of transactions orassets; total number of operations or quantity of output; participation offoreign capital; and measures which restrict or require specific types of

commercial presence (as outlined in paragraph 2 of Article 67), unlessso indicated in their scheduled commitments.


National Treatment.(Article 68)

National and RegionalCARIFORUM States to ensure that EC investors receive nationaltreatment, in the sectors inscribed in the schedule and in accordancewith the schedule i.e. CARIFORUM States to ensure that they complywith the National Treatment requirement.


Most Favoured- NationTreatment.(Article 70)

National and Regional

CARIFORUM States to apply the principle of most-favored-nationtreatment to European investors and firms to any measures affectingcommercial presence in respect of future economic integrationagreements with major trading economies.

(One exception to this general requirement is a regional economicintegration agreement which either creates an internal market or requiresthe parties to the regional integration agreement to significantlyharmonize their laws to remove any nondiscriminatory obstacles to

commercial presence or trade in services. Measures exempted from therequirement of most-favored-nation treatment are those relating torecognition of qualifications, licenses or prudential measures inaccordance with Article 7 of the GATS or its 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 October2008) of the CARIFORUM-EC EPA.


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CARIFORUM States are required to grant most-favored-nation treatmentto European firms and investors in accordance with this Article, with theexceptions listed above.

CARIFORUM States to review their existing agreements to ascertainwhether they are signatory to any agreement which requires to grantMFN treatment to European firms and investors.

CARIFORUM States to Implement policies and enact legislation, wherenecessary, which facilitate the grant of MFN treatment to EU serviceproviders.

CARIFORUM States to establish a Monitoring Mechanism for FTAs withthird states.

Behaviour of Investors.(Article 72)

CARIFORUM States and the EC to cooperate to ensure that investorsbehave in an acceptable manner in their activities in the territories.

CARIFORUM States to take the necessary measures, legislative andotherwise, within their territories to allow for the application of this Article.Actions proscribed include corrupt behavior, violation of core laborstandards, and circumvention of international environmental or laboragreements 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 theimplementation of this Article, particularly as it relates to anti-corruptionlegislation; other legislation to address negative behavior of investors inthe relation to labor or environmental issues; investment laws relating tothe consultation; and local involvement activities of investors.

Upon Application (29December 2009) of the

CARIFORUM-EC EPA.


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CARIFORUM States, with the assistance of the CARICOM andCARIFORUM Secretariats, to develop harmonized policy and legislation.

Preparation of Draft Model Legislation.

CARIFORUM Ministries and Agencies to build consensus amongstakeholders.

CARIFORUM States to organize stakeholder consultations.

Maintenance ofStandards.(Article 73)

CARIFORUM States are required not to encourage investment bylowering domestic environmental, labour or occupational health andsafety standards, or by relaxing core labor standards or laws promotingcultural diversity.

CARIFORUM States to review and amend, where necessary, lawswhere present and the draft new laws where such do not exist, to ensurethat they have measures in place to prevent such action on the part of

their officials or representatives involved in promoting or facilitatingforeign investment in their territories.

CARIFORUM States, with the assistance of the CARICOM andCARIFORUM 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 RegionalCARIFORUM States to accord services and service suppliers of the ECtreatment no less favourable than that provided for in the specificcommitments contained in Annex IV.



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CARIFORUM States are neither to maintain nor adopt, either on thebasis of a regional subdivision or on the basis of their entire territory,limitations on the number of service providers; value of servicetransaction or assets; and total number of service operators or on thetotal quantity of service output, unless specified in their schedule ofcommitments.

CARIFORUM States to review the measures in trade in services in forcein their territories and ensure that they equate with the commitments

they have made in Annex IV. If any anomalies do exist they will need tobe removed.

CARIFORUM State to implement policies, and enact legislation, to giveeffect to the specific commitments contained in Annex IV.

National Treatment.(Article 77)

CARIFORUM States are required to accord national treatment, inrespect of all measures affecting the cross-border supply of services, toservices 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 commitmentsmade in their schedules to European service suppliers.

CARIFORUM State to implement policies, and enact legislation, whichfacilitate the grant of national treatment to EU service providers.


List of Commitments.

(Article 78)

National and RegionalCARIFORUM States should review, in particular the schedule of the EC

to identify areas where new market opening has been achieved over theexisting multilateral commitment. This review should also indicate theareas where the service providers of CARIFORUM States could, basedon their capabilities, expand their services exporting.




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On the basis of the aforementioned review CARIFORUM States toconsult with their service providers to identify areas of opportunity andidentify the assistance and support which they require to take advantageof these new opportunities.

Individual CARIFORUM States, with the assistance of the CARICOMand CARIFORUM Secretariats, to identify where cooperation with otherCARIFORUM States could yield new benefits in terms of exports, forexample through joint promotion efforts or improvement of regional

regulatory structures.

Most-Favoured-NationTreatment.(Article 79)

National and RegionalCARIFORUM countries are required to provide most-favored-nationtreatment to the EC (with regard to measures affecting the cross-bordersupply of services) in respect of future agreements with major tradingeconomies, similar to the action required with regard to commercialpresence.

CARIFORUM State to implement policies, and enact legislation, whichfacilitate the grant of MFN treatment to EU service providers.


Chapter 4 Temporary Presence of Natural Persons for Business Purposes

Coverage andDefinitions.(Article 80)

National and RegionalCARIFORUM Member States to undertake the necessary amendmentsto laws and procedures to give effect to the definitions and termsintroduced in Article 80 (e.g. key personnel, graduate trainee, businessservices sellers, contractual services suppliers, independent

professionals and short-term visitors for business purposes etc.), as wellas to provide for the respective periods of stay of the various categoriesof persons in the immigration rules of each territory.


Short-term visitors forbusiness purposes.(Article 84)

NationalCARIFORUM States should take steps to implement commitmentsrelating to short-term visitors for business purposes in view of thebenefits to their own personnel that may possibly accrue from applicationof this Article as well as the benefits to their economies.



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CARIFORUM States, with the assistance of the CARICOM andCARIFORUM Secretariats, to amend or enact legislation, where it doesnot exist, governing the temporary stay of EU service providers and theuse of Economic Needs Tests (ENTs).


Chapter 5 Regulatory Framework

Mutual Recognition.(Article 85)

National and RegionalCARIFORUM States should determine the extent to which regionalprofessional bodies exist in disciplines such as accounting, architectureengineering and tourism, and facilitate their establishment wherenecessary.

CARIFORUM States should determine the priority among the disciplinessuggested by the Article, namely accounting, architecture, engineering,

and terrorism.

CARIFORUM States should review the qualifications and experiencerequired in order to supply such services within CARIFORUM andcontinue the process of, as far as possible, seeking to harmonize suchrules within a period of time that is both advisable and appropriate.

CARIFORUM States, with the assistance of the CARICOM andCARIFORUM Secretariats, to hold stakeholder consultation in the

accountancy, architecture, engineering and tourism sub-sectors, in orderto identify best practices and standards for Mutual Recognition ofqualifications of professionals from EU.



CARIFORUM States are required to establish one or more enquirypoints, which are depositories of law and regulations, as listed in AnnexV, to provide specific information to investors and services suppliers ofthe EC, upon request.



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Procedures.(Article 87)

National and RegionalCARIFORUM Member States are required to establish, where they dontexist, the arbitral or administrative tribunals or procedures to provide aninvestor or service provider with appropriate remedies for, administrativedecisions affecting commercial presence, cross-border supply ofservices or temporary presence of natural persons for business purpose.

CARIFORUM States are required to ensure that where such proceduresare not independent of the agency entrusted with the administrative

decision concerned, the procedures in fact provide an objective andimpartial review.


Section 2 - ComputerServices.

Understanding oncomputer services.(Article 88)

CARIFORUM States to institute the requisite regulatory and policyframework pursuant to liberalization of computer services under theCARIFORUM-EC EPA.

CARIFORUM States are to subscribe to and ensure that their officialsare aware of the common understanding, as set out in Article 88, for thescope of computer and related services in implementing their marketaccess commitments in this sector (in accordance with Chapters 2, 3and 4 of Title II Investment, Trade in Services and E-Commerce.)


Section 3 - CourierServices.(Articles 89-93)

National and RegionalCARIFORUM States to institute the requisite regulatory and policyframework pursuant to liberalization of courier services under theCARIFORUM-EC EPA.

CARIFORUM States are to institute, or maintain, measures to prevent

anticompetitive practices by suppliers, consistent with the principles setout for the new regulatory framework for all courier services that areliberalized under this agreement. (Article 90)

CARIFORUM States to ensure that, where an individual license isrequired, all licensing criteria; terms; and conditions are made publiclyavailable. (Article 92)



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CARIFORUM States should review their procedures for the granting oflicenses where such are required in order to make available theinformation required in Article 92 as well as put in place the appealprocedure.CARIFORUM States to establish, where they dont exist, independent(i.e. legally separate from, and not accountable to, any supplier ofcourier services) regulatory bodies or the provision of powers ofreview to existing independent bodies where they exist (Article 93).

Section 4

TelecommunicationServices .(Articles 94-102)

CARIFORUM States are required to ensure that the regulatory

authorities for telecommunication services are legally distinct andindependent from any supplier of telecommunication services and issufficiently empowered to regulate the sector.

CARIFORUM States are required to introduce, or maintain, measures toprevent suppliers of telecommunications services from engaging in, orcontinuing, anticompetitive practices.

CARIFORUM States to enact legislation that, inter alia, makes provisionfor interconnection; the publication by major suppliers of theirinterconnection agreements or their reference interconnection offers;and the procedures applicable for interconnection to a major supplier tobe made publicly available.

CARIFORUM States are to ensure that the regulatory authority is able tosettle disputes and cooperate with other national regulatory authorities inthe settlement of cross-border provision issues.

CARIFORUM States, in order to ensure universal service, are to ensurethat all suppliers are eligible through an efficient, transparent, objectiveand non-discriminatory mechanism.

CARIFORUM States are required to ensure that directories of allsubscribers are available to users in a form (electronic and/or printed)approved the national regulatory authority.




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Section 5 FinancialServices.(Articles 103-108)

National and RegionalCARIFORUM States to institute the requisite regulatory and policyframework pursuant to liberalization of financial services under theCARIFORUM-EC EPA.

CARIFORUM States are required to maintain, or adopt, measures forprudential reasons. (Article 104 Prudential Carve-out)

Consultation of stakeholder and coordination of policy with respect to theprotection of investors, depositors, policy holders etc. (Article 104)

CARIFORUM States to ensure that they institute provisions, legislationand institutions to facilitate transparency related enquiries from providersof services from the EC, relating to the development of new measures ofgeneral application. Such measure can be provided either electronicallyor in written form but must be by means of official publication. (Article105)

CARIFORUM States are also to make available information on therequirements for completing applications to supply financial services anddetails 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 ofthe EC to provide any new financial service similar to those thatCARIFORUM States permit their own financial service suppliers toprovide under their domestic law in like circumstances. (Article 106)

CARIFORUM States to develop a harmonized mechanism forauthorizing and determining the juridical form through a new financialservice (by an EC financial service supplier) may be provided. (Article

106)

CARIFORUM States to permit an EC financial service supplier totransfer financial information in electronic or other form, where such isrequired in the ordinary course of the business. (Article 107)

CARIFORUM States to adopt adequate safeguards for the protection ofprivacy and fundamental rights and freedom of individuals in particularconcerning the transfer of personal data. (Article 107)

CARIFORUM States to address best endeavour provisions relating tothe application of international agreed standards for regulation andsupervision, possibly through enactment of new or amendment ofexisting legislation.


CARICOM Member States should seek to enact legislation to giveeffect to the CFSA.

Section 6 InternationalMarine TransportServices.(Article 109)

National and RegionalCARIFORUM States to institute the requisite regulatory and policyframework pursuant to liberalization of international marine transportservices under the CARIFORUM-EC EPA.



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CARIFORUM States are required to effectively apply the principle ofunrestricted access to the international maritime markets and trades ona commercial and non-discriminatory basis.

CARIFORUM States are not to introduce cargo-sharing arrangements infuture bilateral agreements with third countries, concerning maritimetransport services.CARIFORUM States are required to abolish and abstain fromintroducing any unilateral measures and administrative, technical and

other obstacles which could restrict or have discriminatory effects on thefree supply of services in international maritime transport.

Maritime administrations of CARIFORUM States to ensure thatprovisions of this Article are adhered to, including national treatment toEC suppliers with regard to access to ports; the use of infrastructure andother maritime services; as well as related fees and charges; customsfacilities and the assignment of berths and facilities for loading andunloading.

CARIFORUM States to grant national treatment or most favored nationtreatment w.r.t. commercial presence for international maritime servicessuppliers form the EC.

CARIFORUM State to implement policies, and enact legislation, whichfacilitate the grant of MFN and national treatment to EU service suppliersw.r.t. commercial presence for international maritime services.

CARIFORUM States to adhere to the transparency requirement relatingto the articulated port services.


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Section 7 - TourismServices.(Articles 110-118)


CARIFORUM States to institute the requisite regulatory and policyframework pursuant to liberalization of tourism services under theCARIFORUM-EC EPA.


CARIFORUM States to maintain or introduce measures to preventanticompetitive practices, in particular in the context of tourism

distribution networks. (Article 111)CARIFORUM States are to cooperate with the EC towards mutualrecognition of requirements, qualifications, licenses or other regulations(in accordance with Article 85). (Article 114)

CARIFORUM States should develop or encourage their operators todevelop projects which are capable of receiving funding frominternational, sub regional, regional, bilateral or private financingprograms relating to the sustainable development of tourism. (Article

115)

CARIFORUM States are to encourage compliance with environmentaland quality standards applicable to tourism services, without constitutingunnecessary barriers to trade. (Article 116)

CARIFORUM States, with the assistance of the CARICOM andCARIFORUM Secretariats, should develop programs for environmental

quality standards relating to tourism services. (Article 116)


D ft R k d R d 15 M 2009 (X)


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CARIFORUM States and the EC are to cooperate for the advancement

of the CARIFORUM tourism sector, including facilitation of support forupgrading national accounting systems with a view to introducingTourism Satellite Accounts (TSA) at the regional and local level;environmental management in tourism areas; development of internetmarketing strategies for SMEs in the tourism sector; participation ininternational standard setting bodies; and tourism exchangeprogrammes. (Article 117)

CARIFORUM States, with the assistance of the CARIFORUM andCARICOM Secretariats, to conduct of stakeholder consultations.


CARIFORUM States, in conjunction with the CARICOM andCARIFORUM Secretariats, to take action in cooperation with tourism

operators to develop programs capable of receiving developmentcooperation and technical assistance in accordance with the ideasoutlined in Article 117.

The CARIFOURM-EC Trade and Development Committee to developmodalities for regular dialogue between the Parties on the issuescovered in the tourism services section of the CARIFORUM-EC EPA.(Article 118)

Draft Reworked Roadmap 15 May 2009 (X)


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Chapter 7 Cooperation

Technical cooperationand assistance.

National and RegionalCARIFORUM States, with the assistance of the CARICOM andCARIFORUM Secretariats, to develop programme ideas and projectproposals that will facilitate the provision of technical assistance, trainingand capacity building from the EC in the areas outlined in paragraph 2of Article 121 of the CARIFORUM-EC EPA (e.g. improving the exportcapacity of CARIFORUM service suppliers, addressing quality and standards in

sectors CARIFORUM States have undertaken commitments under thisagreement, developing and implementing regulatory regimes for specific servicesectors at CARIFORUM regional level; establishing mechanism for promotinginvestment and joint ventures; and enhancing the capacities of investment

promotion agencies) and in other areas as required for the development ofthe services sectors.

Consultation with private sector and other stakeholders in CARIFORUMStates.

CARIFORUM States to establish, where deemed necessary, durablemechanisms at the national level to oversee the implementation ofprojects and assess their effectiveness.


TITLE III CURRENT PAYMENTS AND CAPITAL MOVEMENT

Current Payments.(Article 122)

NationalCARIFORUM States are not to impose restrictions on and to allow allpayments for current transactions between residents of the EC andCARIFORUM 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 inadministering a common regime.

Capital movements.(Article 123)

NationalCARIFORUM States are not to impose restrictions on the free movementof capital relating to direct investments, and the liquidation andrepatriation 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 ensureconsistency of policy, prepare model legislation and assist inadministering a common regime for free movement of capital betweenMember States and the EC.


Safeguard measures.(Article 124)

National and RegionalCARIFORUM States to institute the requisite regulatory and policyframework to apply safeguard measures under the CARIFORUM-ECEPA with regard to capital movements.

Development, within CARIFORUM, of an EPA specific policy regime andregulatory 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 acommon regime on safeguard measures.


Title II: Investment, Trade In Services and E-CommerceChapters 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 ofeconomic rents etc.

CARIFORUM States to establish Telecommunications (ICT) RegulatoryAuthorities, where they do not already exist.

CARICOM Member States to negotiate and institute harmonized ICT,and by extension e-commerce, legislation and policy framework.


Title IV: Trade Related MattersCompetition (Articles 125-130)

Definitions.(Article 125)

National and RegionalEnactment of competition legislation, in CARIFORUM States, to bebrought to the attention of the EC party through the Joint EC-CARIFORUM Trade and Development Committee. (The Bahamas alsohas to notify the EC.)

CARIFORUM States to determine mechanism for submitting notificationson legislation.

Upon entry into force of theCARIFORUM-EC EPA, andthereafter.

Public enterprises andenterprises entrusted

with special or exclusiverights, includingdesignated monopolies.(Articles 129)

National and RegionalCARIFORUM States to remove all trade distorting measures employedby public enterprises (and enterprises to which special or exclusive

rights have been granted).

CARIFORUM States to subject public enterprises to the competitionrules.

CARIFORUM States to inform the Trade and Development Committeeabout the enactment of sectoral rules (applicable to public enterprisesand mandated by regulatory framework).

Upon entry into force of theCARIFORUM-EC EPA, and

thereafter.



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CARIFORUM States to inform the Trade and Development Committeethe measures adopted to progressively adjust State monopolies of acommercial nature or character to ensure that there is no discriminationregarding goods and services originating in the EC and those originatingin CARIFORUM States.

CARICOM Member States to as deemed necessary amend the RevisedTreaty to reflect CARICOM policy on treatment of monopolies and

mergers

2

, and ensure consistency of national legislation with RevisedTreaty.


National and RegionalCARIFORUM States, with the assistance of the CARICOM andCARIFORUM Secretariats, to develop programme ideas and projectproposals that will facilitate the provision of technical assistance andcapacity building from the EC w.r.t. inter alia functioning of CompetitionAuthorities; drafting guidelines, manuals, legislation where necessary; training ofpersonnel involved in implementation and enforcement of competition policy, to

facilitate the implementation of the commitments and achieve theobjectives of the Competition Chapter.

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

2Article 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 toSustainableDevelopment Part I,Trade Partnership forSustainableDevelopment.

(Article 3)SustainableDevelopment,paragraphs 1, 2 and 3.(Articles 183-190)

National and RegionalCARIFORUM States to ratification of trade and environment relatedMultilateral Environmental Agreements (MEAs).

CARIFORUM States to enactment of legislation to give effect to MEAprovisions.

CARIFORUM States to ensure implementation of provisions of trade andenvironment related MEAs.

Assessment of the Environmental and Social Dimensions of theCARIFORUM-EC EPA, pursuant to policy development.

Assessment of the Environmental Effects of the Implementation of theCARIFORUM-EC EPA. In order to inform cooperation and developmentsupport initiatives.

Identification of CARIFORUM States which have not ratified relevantAgreements/conventions.

Determination of Action to address the under-utilization of the legalsystem in environmental disputes.

Convening of national Stakeholder consultations and consultations with

Regional Institutions.Assessment of institutional and regulatory arrangements forenvironmental management and Sustainable Development.


3Inclusive 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 SectoralDevelopment Strategies/ Action Plans.

Development of harmonized (CARICOM/CARIFORUM) SustainableDevelopment and Environment Policies.

Levels of Protection and

Rights to Regulate andRegional Integration andUse of InternationalEnvironmentalStandards.(Articles 184 and 185)

RegionalCARICOM Member States to sign the Agreement establishing the

Common Fisheries Policy and Regime.

Finalization and Operationalization of the CFP&R, through inter alia thedevelopment of the relevant legislative framework.

Development of draft model legislation in relation to theoperationalization of the Common Fisheries Policy and Regime;circulation to CARICOM Member States; and enacting of said legislativeframework in Member States.

Development of a Framework (institutional) for the Management of theCARICOM Regions Marine resources (including an integrated framework forthe management of the Caribbean Sea).



Upholding Levels ofProtection.

(Article 188)

National and RegionalCARIFORUM States are not to encourage trade or FDI to enhance ormaintain a competitive advantage by lowering the level of protection

provided by domestic environmental and public health legislation; orderogating from, or failing to apply such legislation.

CARIFORUM States are not to adopt regional or national trade orinvestment-related legislation/administrative measures which frustratemeasures intended to benefit, protect or conserve theenvironment/natural resources or protect public health.

Upon Provisional Application(29 December 2008) of the

CARIFORUM-EC EPA.



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CARIFORUM States, with the assistance of the CARICOM andCARIFORUM Secretariats, to determine the support, required from theEC in respect ofinter alia,i. technical assistance/capacity building to producers in meeting

relevant product and other standards applicable in markets of theEC markets;

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

iii. technical assistance/capacity building in implementing andenforcing MEAs;iv. facilitation of trade between Parties in natural resources; improving

the production of environmental goods and services; andv. promotion and facilitation of public awareness and education

programmes in respect of environmental goods and services.


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

Objectives andMultilateralCommitments.(Article 191.4)

National and RegionalCARIFORUM States are not to use labour standards for protectionisttrade purposes.


Upholding Levels ofProtection.

(Article 188)

NationalCARIFORUM States are not to encourage trade or FDI to enhance ormaintain a competitive advantage by lowering the level of protection

provided by domestic environmental and public health legislation; orderogating from, or failing to apply such legislation.

National and RegionalCARIFORUM States are not to adopt regional or national trade orinvestment-related legislation/administrative measures which frustratemeasures intended to benefit, protect or conserve theenvironment/natural resources or protect public health.


CARIFORUM-EC EPA.



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Cooperation.

(Article 196)Cooperation, includingby facilitating support inthe following areas:

Skills training andeducational andawareness-raising

programmes for labourmarket adjustments.

NationalCARIFORUM States to determine the support, required from the EC. Upon Provisional Application


Raising awareness ofhealth and safetyresponsibilities-workersrights and employeesresponsibilities.

NationalCARIFORUM States to determine the support, required from the EC. Upon Provisional Application


Promote corporatesocial responsibilitythrough publicinformation andreporting.

NationalCARIFORUM States to determine the support required from the EC. Upon Provisional Application


Formulation of nationalsocial and labourlegislation;

strengthening existinglegislation.

NationalCARIFORUM States to develop appropriate legislation and policy, withsupport from the EC where necessary.


CARIFORUM-EC EPA

Enforcement ofadherence to nationallegislation and workregulation.

NationalCARIFORUM States to develop appropriate legislation and policy, withsupport from the EC where necessary.




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Exchange of informationon Social and labourlegislation and relatedpolicies.

National

CARIFORUM States to develop appropriate legislation and policy, withsupport from the EC where necessary.



Part III: Dispute Avoidance and Settlement (Articles 202-223)

Rules of Procedure.

(Article 216).

RegionalCARIFORUM States to discuss with European Commission draft of

Rules of Procedure, which will govern dispute settlement proceduresprepared by the two Sides.

Within three months of the

provisional application (29December 2008) of thisCARIFORUM-EC EPA.

List of Arbitrators.(Article 221)

CARIFORUM-EC Trade and Development Committee to establish a listof 15 individuals to serve as arbitrators. (Article 221(1,2)).

CARIFORUM-EC Trade and Development Committee may establish anadditional list of 15 individuals having a sectoral expertise in specificmatters covered by this Agreement. (Article 221(3))

Within three months of theprovisional application (29December 2008) of thisCARIFORUM-EC EPA.

Part V: Institutional Provisions (Articles 227-232)

Bodies establishedunder the EPA.(Article 227 to 232)

National and RegionalCARIFORUM States to designate representatives to the bodiesestablished under the EPA (i.e. Joint CARIFORUM-EC Council,CARIFORUM-EC Trade and Development Committee, CARIFORUM-ECParliamentary 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 theCommission.

Within six months of theprovisional application (29December 2009) of theCARIFORUM-EC EPA.

Joint CARIFORUM-ECCouncil.(Article 227)

National and RegionalCARIFORUM representatives on the Joint Council to agree on thecomposition of the Consultative Committee (including designation of civilsociety representatives).

Within six months of theprovisional application (29December 2009) of theCARIFORUM-EC EPA.



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Part VI General and Final Provisions (Articles 233-250)

Coordinators andexchange of information.(Article 234)

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



National and RegionalCARIFORUM States to promptly publish Laws, regulations, proceduresand administrative rulings, and any international commitments relating to

any trade matter notified to the EC.

Upon Provisional Applicationof the EPA.

Dialogue on FinanceIssues.(Article 236)

National and RegionalCARIFORUM States to foster dialogue and transparency and share bestpractices in the area of tax policy and administration with the EC.


Regional preference.(Article 238)

CARIFORUM States to accord to one another treatment no lessfavourable than that granted to the EC under the CARIFORUM-EC EPA.

CARIFORUM States, with the assistance of the CARICOM andCARIFORUM States, to undertake technical work, policy review andlegal drafting pursuant to the implementation of commitments arising outofArticle 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 dueconsistent with the liberalizationobligations set out in the

schedules.)

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



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Protocol I

Concerning the Definition of the Concept of Originating Products and Methods of Administrative CooperationGeneral Requirementsand Cumulation in theCARIFORUM States.(Articles 2 and 4)

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

(ii) For products listed in Annex X (sugar-based products) MemberStates to sensitize exporters to the availability of cumulationprovisions under Rules of Origin from 1 October 2015.

1 January 2010.

1 October 2015.

Proof of Origin: GeneralRequirements.(Article 16)

National and RegionalRequirement for CARIFORUM Member States to submit either aMovement Certificate EUR. 1; an invoice declaration; or delivery note fororiginating products in a CARIFORUM State, on importation into the ECparty, in order to benefit from the provisions of the Agreement.

CARIFORUM States, with the assistance of the CARICOM to sensitizeimporters and exporters and institutions on administrative conditions forproducts to benefit from the provisions of the Agreement.


Notification ofinformation related tocustoms authorities.(Article 32)

NationalCARIFORUM States are to provide the EC with addresses andspecimen impressions of the stamp used by their customs officesauthorized to issue movement certificates.

CARIFORUM States are to immediately inform the EC through theCommission of the European Communities whenever there are changesto the information in respect of the certification and verification

authorities.


Protocol III On Cultural Cooperation

1. Market Access forEntertainment Services.

National and RegionalCARIFORUM Member States to develop coordinated governmentpolicies on culture and trade, intellectual property, ICT, industrial andinnovation 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 legislationin areas such as intellectual property, e-commerce, finance, andentertainment and introduce attendant incentive regimes.Establishment of a CARICOM Regional Task Force on CulturalIndustries to increase regional collaboration and coordination and makerecommendations for a Regional Policy Framework.

Technical Assistance.(Article 4)

National and RegionalCARIFORUM States are to identify priority areas for capacity buildingactivities in intellectual property, ICT, business support services etc.


Audio-visualcooperation.(Articles 5 & 6)

NationalAddressed under Market Access.

RegionalCARIFORUM and the EC to negotiate and sign a CARIFORUM-EU Co-

production Treaty.

Harmonize regional policies, especially in the areas highlighted in theProtocol.


Protection of sites andhistoric monuments.(Article 9)

National and RegionalCARIFORUM States to introduce and/or strengthen policies andprogrammes to develop heritage and festival tourism.

CARIFORUM States to strengthen capacity for conservation anddevelopment of monuments and sites.


2. Cultural Protocol.

Audio-visualcooperation.(Articles 5 & 6)

National and RegionalAddressed under Market Access. Upon Provisional Application




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


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

Joint Declaration on Development Cooperation

Addressing adjustment

costs arising from EPAimplementation andimproving regionalinfrastructure to enableMember States to takeadvantage of marketaccess opportunitiesunder the EPA.

National and RegionalCARIFORUM coordination for the development of the EDF Caribbean

Regional Programme.

CARIFORUM States to coordinate efforts to engage EU Member Statesat a political level to ensure the region receives an equitable share of AfTresources.





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BBYY TTHHEE 3311SSTT DDEECCEEMMBBEERR 22001100::

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

Actions to be Taken on Nationalor Regional Levels

Implementation Timeline

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

Establishment of aRegional DevelopmentFund. (Article 8.3)

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

By 1 January 2011

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

Customs Duties on

Imports of ProductsOriginating from the ECParty. (Article 16) andAnnex III

National and RegionalCARIFORUM States are to apply duty reduction as per Annex III of the

CARIFORUM-EC EPA (i.e. to provide for phasing out of Import Dutiesover 5, 10, 15, 20 and 25 yrs as provided in Annex III).

By 1 January 2011

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

Scope.(Article 167)

NationalCARIFORUM States are to designate the procuring agencies that arelisted in Annex 1 as operating under the Agreement.

By 1 January 2011.(CARIFORUM-EC Trade andDevelopment Committee maygrant one year extensionbased on review).

Transparency ofgovernmentprocurement.(Article 168)

National and RegionalCARIFORUM States to promptly publish any law, regulation, judicialdecision and administrative ruling of general application and procedures,as well as individual procurement opportunities in the appropriatepublications.

By 1 January 2011.



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CARIFORUM States to explore scope for development of harmonizedmechanism.

CARIFORUM States to strengthen national capabilities.

Methods ofProcurement.(Article 170)

National and RegionalCARIFORUM States to ensure that the methods of procurementemployed by procuring entities are specified in the tender notice ortender documents.

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

By 1 January 2011.(Within two years ofprovisional application of theCARIFORUM-EC EPA forCSME MCs).

Selective Tendering.(Article 170)

National and RegionalCARIFORUM States are to ensure that procuring entities adhere to thetendering procedures set out in Article 170 when theyutilize selectivetendering procedures.

CARIFORUM States to examine national law and regulations, and enact

new or amend existing legislation to give effect to the commitments setout in Article 170.


By 1 January 2011.

Limited Tendering.(Article 171)

National and RegionalCARIFORUM States are to ensure that procuring entities adhere to thecircumstances under which limited tendering procedures may be

employed when awarding public contracts tendering procedures, as setout in Article 171.

CARIFORUM States to examine national law and regulations, and enactnew or amend existing legislation to give effect to the commitments setout 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 RegionalCARIFORUM States are to ensure that procuring entities set outtechnical specifications in tender notices AND that the procuring entitiesshall not seek or accept advice that would have the effect of precludingcompetition in the preparation or adoption of technical specifications4.

CARIFORUM States to examine National Tender Documentation,preparation and authorization procedures for compliance with thetechnical specification commitments of the CARIFORUM-EC EPA setout in Article 173.

CARIFORUM States to examine national law and regulations, and enactnew or amend existing legislation to give effect to the commitments setout in Article 173.


process within the CSME (and CARIFORUM).

By 1 January 2011.

Qualifications ofSuppliers.(Article 174)

National and RegionalCARIFORUM States are to ensure that procuring entities adhere to thepre-qualification procedures set out in Article 174.

CARIFORUM States to examine national law, regulations, proceduresand practices fro compliance, and enact new or amend existinglegislation to give effect to the commitments set out in Article 174.


By 1 January 2011.Within two years ofprovisional application of theCARIFORUM-EC EPA forCSME 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 beemployed to govern the negotiations5

CARIFORUM States to examine national law, regulations, proceduresand practices for compliance, and enact new or amend existinglegislation to give effect to the commitments set out in Article 175.


Opening of tenders andawarding of contracts.(Article 176)

National and RegionalCARIFORUM States to ensure that their procuring entities employ theprocedures Set out in Article 176 when opening tenders and for theaward of contract6.

CARIFORUM States are to ensure that tenders solicited under open orselective procedures are received and opened under procedures andconditions that guarantee the fairness and transparency of the process.

CARIFORUM States are to ensure that awards are made in accordancewith the criteria and essential requirements specified in the notice of theintended procurement or tender documentation.

CARIFORUM States to examine national law, regulations, proceduresand practices for compliance, and enact new or amend existinglegislation to give effect to the commitments set out in Article 176.


By 1 January 2011.

5Similar requirements exist within the Draft Framework Regional Policy. Third Draft Framework Policy , para 101 page 406Similar requirements exist within the Draft Framework Regional Policy. Third Draft Framework Policy , para 161-170, pages 60-62


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process within the CSME (and CARIFORUM).Joint Declaration on Development Cooperation

Establishment and roleof a RegionalDevelopment Fund.

RegionalDevelopment of modalities for operationalization of CARICOM RegionalDevelopment Fund.

CARICOM States implementing this element of the Declaration [whichanticipates the establishment of a CARIFORUM Regional DevelopmentFund] to ensure the integrity of the CARICOM Regional DevelopmentFund is maintained.

By 1 January 2011.





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

Elimination of customsduties on originatingexports in CARIFORUMStates.(Article 14: ExportDuties)

NationalGuyana and Suriname are to amend National Legislation so as toeliminate Export Duties on originating Goods.

By 15 October 2011.

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

Introduction of a singleadministrative document(SAD) acrossCARIFORUM.(Article 31:2 (c))

RegionalCARIFORUM States to engage in technical and policy discussionsrelated to introduction of a single SAD.

Joint review of progress by29 December 2011.



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Title I: Trade In Goods

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

Objectives and EnablingPolicies(to increase agriculturaland fisheriescompetitiveness).(Articles 37 and 39)

National and RegionalDrafting of regional policy w.r.t the sustainable exploitation, conservationand management of marine resources.

Completion of the Common Fisheries Regime and Policy (CFPR).

Drafting of the harmonized enabling legislation framework in the area offisheries.

Modernisation of Fisheries related Legislation.

Strengthening compliance with health and national, regional andinternational 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-CommerceChapters 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 tostart negotiations in order to jointly develop and providerecommendations on mutual recognition, among others, in thedisciplines of accounting, architecture, engineering and tourism, to the

CARIFORUM-EC Trade and Development Committee.

The CARICOM and CARIFORUM Secretariats to provide negotiatingsupport when necessary to the professional bodies as well as facilitatethe commencement of negotiation through appropriate lobbying efforts inEurope.

No later than 31 December2011.



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


National and RegionalDetermination by CARIFORUM States of development priorities for theagricultural, food and fisheries sectors, as well as the Strategies gearedat improving the competitiveness (inclusive of downstream processing)

and export in respect of trade with the EC.

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

- identification of commodities with comparative/competitiveadvantage;

- conduct of feasibility studies; products for downstream processing;

-enterprise and industry development.

Development of policy and implementation plan in respect of compliancewith and adoption of quality standards.

Development of Agricultural Health and Food Safety systems andinfrastructure relating to food production and marketing includingstandards relating to environmentally and socially sound agriculturalpractices and organic and non-genetically modified foods.

CARIFORUM States to improve the ability of domestic operators tocomply with national, regional and international technical, health andquality standards for food, fish and fish products, through, inter alia,enacting legislation to give effect to agriculture and fisheries relatedpolicy 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-CommerceChapters 1-5: Investment and Trade In Services (Articles 60-118)

Future Liberalization.

(Article 62)

National and RegionalCARIFORUM States to conduct national consultations to identify new

sectors for liberalization and the conditions under which the services willbe provided from the EU.

CARIFORUM States, with the assistance of the CARICOM andCARIFORUM Secretariats to undertake Assessments of impact ofexisting 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 RelatedIssues.(Articles 62, 63 and70).

NationalCARIFORUM States to identify and list all legislative changes necessaryto facilitate trade in services in the proposed sectors.

By the end of 2013.

Title IV: Trade Related MattersCompetition (Articles 125-130)

Implementation.(Article 127)


CARIFORUM States to enact legislation addressing restrictions oncompetition within their jurisdiction, and establish CompetitionAuthorities.

CARIFORUM States to establish competition authorities and otherbodies referred to in Article 125(1).

By th

Documents

The CF-EC Economic Partnership Agreement (EPA) Implemantation Roadmap -15 May 2009