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

DRAFT
REWORKED ROAD MAP
FOR
IMPLEMENTATION
OF THE
CARIFORUM-EC ECONOMIC PARTNERSHIP AGREEMENT IN CHRONOLOGICAL ORDER

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The CF-EC Economic Partnership Agreement (EPA) Implementation Roadmap -15 May 2009 Presentation Transcript

  • 1. Draft Reworked Roadmap-15 May 2009 (X) DRAFT REWORKED ROAD MAP FOR IMPLEMENTATION OF THE CARIFORUM-EC ECONOMIC PARTNERSHIP AGREEMENT IN CHRONOLOGICAL ORDER MAY 2009
  • 2. Draft Reworked Roadmap-15 May 2009 (X)
  • 3. Draft Reworked Roadmap-15 May 2009 (X) CONTENT Page Nos. 1. IMMEDIATE (UPON SIGNATURE), UPON PROVISIONAL APPLICATION ] 1-33 (29 DECEMBER 2008) TO WITHIN 6 MONTHS: ] (i) Part I: Trade Partnership for Sustainable Development (Articles 1-85) ] 1 (ii) Title I: Trade in Goods - Chapter 1: Customs Duties (Articles 9-22) ] 1-2 (iii) Title I: Trade in Goods - Chapter 2: Trade Defense Instruments (Articles 23-25) ] 3 (iv) Title I: Trade in Goods - Chapter 3: Non-Tariff Measures (Articles 26-28) ] 3 (v) Title I: Trade in Goods - Chapter 5: Agriculture and Fisheries (Articles 37-43) ] 4-5 (vi) Title I: Trade in Goods - Chapter 6: Technical Barriers to Trade (Articles 44-51) ] 5 (vii) Title I: Trade In Goods - Chapter 7: Sanitary and Phytosanitary Measures ] 5-7 (Articles 52-59) ] (viii) Title II: Investment, Trade in Services and E-Commerce - Chapters 1-5: ] 7-21 Investment and Trade in Services (Articles 60 – 118) ] (a) Chapter 2 – Commercial Presence ] 7-11 (b) Chapter 3 – Cross Border Supply of Services ] 11-13 (c) Chapter 4 – Temporary Presence of Natural Persons for Business ] 13-14 Purposes ] (d) Chapter 5 – Regulatory Framework ] 14-21 (e) Chapter 7 – Cooperation ] 21 (ix) Title III – Current Payments and Capital Movement ] 22-23 i
  • 4. Draft Reworked Roadmap-15 May 2009 (X) (x) Title II: Investment, Trade in Services and E-Commerce - Chapters 5 And 6: ] 23 Telecommunication Services and Electronic Commerce (Articles 119 – 121) ] (xi) Title IV: Trade Related Matters - Competition (Articles 125-130) ] 23-25 (xii) Title IV: Trade Related Matters - Chapter 4: Environment1 ] 25-27 (Articles 3 and 183-190) ] (xiii) Title IV: Trade Related Matters - Chapter 5: Social Aspects (Articles 191-196) ] 27-29 (xiv) Part III: Dispute Avoidance and Settlement (Articles 202-223) ] 29 (xv) Part V: Institutional Provisions (Articles 227-232) ] 29 (xvi) Part VI – General and Final Provisions (Articles 233-250) ] 30 (xvii) Protocol I - Concerning the Definition of the Concept of “Originating Products” ] 30-31 and Methods of Administrative Cooperation ] (xviii) Protocol III On Cultural Cooperation ] 31-32 (xix) Joint Declaration on Development Cooperation ] 33 2. BY THE 31ST DECEMBER 2010: ] 34-38 (i) Part I: Trade Partnership for Sustainable Development (Articles 1-85) ] 34 (ii) Title IV: Trade in Goods - Chapter 1: Customs Duties (Articles 9-22) ] 34 (iii) Title IV: Trade Related Matters - Chapter 3: Public Procurement ] 34-38 (Articles 165-182) ] 1 Inclusive of a consideration of elements of Part I: Trade Partnership for Sustainable Development ii
  • 5. Draft Reworked Roadmap-15 May 2009 (X) (iv) Joint Declaration on Development Cooperation ] 38 3. BY THE 31ST DECEMBER 2011: ] 39-40 (i) Title I: Trade In Goods - Chapter 1: Customs Duties (Articles 9-22) ] 39 (ii) Title I: Trade In Goods - Chapter 4: Customs and Trade Facilitation ] 39 (Articles 29-36) ] (iii) Title I: Trade In Goods - Chapter 5: Agriculture and Fisheries (Articles 37-43) ] 39-40 (iv) Title II: Investment, Trade In Services and E-Commerce - Chapters 1-5: ] Investment and Trade in Services (Articles 60-118) ] 40 (a) Chapter 5 – Regulatory Framework ] 4. BY THE 31ST DECEMBER 2012: ] 41 (i) Title I: Trade In Goods - Chapter 5: Agriculture and Fisheries (Articles 37-43) ] 41 5. BY THE 31ST DECEMBER 2013: ] 42-53 (i) Title II: Investment, Trade in Services and E-Commerce ] 42 Chapters 1-5: Investment and Trade iIn Services (Articles 60-118) (ii) Title IV: Trade Related Matters - Competition (Articles 125-130) ] 42-44 (iii) Title IV: Trade Related Matters - Chapter 2: Innovation and Intellectual ] 44-45 Property, Section 1: Innovation (Articles 131-138) ] (iv) Title IV: Trade Related Matters - Section 2: Intellectual Property ] 45-47 (Articles 131-132 and 139-164) ] iii
  • 6. Draft Reworked Roadmap-15 May 2009 (X) (v) Title IV: Trade Related Matters - Chapter 3: Public Procurement ] 48-53 (Articles 165-182) ] (vi) Part VI – General and Final Provisions (Articles 233-250) ] 53 6. BY THE 31ST DECEMBER 2014: ] 54 (i) Title IV: Trade Related Matters - Competition (Articles 125-130) ] 54 7. BY THE 31ST DECEMBER 2015: ] 55 (i) Title I: Trade In Goods - Chapter 1: Customs Duties (Articles 9-22) ] 55 (ii) Title I: Trade In Goods – Chapter 5: Agriculture and Fisheries ] 55 (Articles 37-43) ] (iii) Title IV: Trade Related Matters - Chapter 6: Protection of Personal Data ] 55 (Articles 197-201) ] 8. BY THE 31ST DECEMBER 2021: ] 56 (i) Title IV: Trade Related Matters - Section 2: Intellectual Property ] 56 (Articles 131-132 and 139-164) ] 9. OTHERS ] 57 (i) Title IV: Trade Related Matters - Chapter 3: Public Procurement ] 57 (Articles 165-182) ] ►▼◄ iv
  • 7. Draft Reworked Roadmap-15 May 2009 (X) IMMEDIATE (UPON SIGNATURE), UPON PROVISIONAL APPLICATION (29 DECEMBER 2008) TO WITHIN 6 MONTHS: Issue Areas Actions to be Taken on National or Regional Levels Implementation Timeline Part I: Trade Partnership for Sustainable Development (Articles 1-85) National and Regional Monitoring. Individual Member States and CARIFORUM in general to continuously Upon Provisional Application (Article 5) monitor the operation of the CARIFORUM-EC EPA, through their (29 December 2009) of the respective participative processes and institutions, as well as those set CARIFORUM-EC EPA. up under this Agreement. National and Regional Cooperation Priorities. Individual Member States and CARIFORUM in general to determine Upon Provisional Application (Article 8.1) development needs and Aid for Trade priorities. (29 December 2009) of the CARIFORUM-EC EPA. Includes provision of - i. Technical assistance to build human, legal and institutional capacity in CARIFORUM states; ii. Support measures for promoting private sector and enterprise development; iii. Assistance for the diversification of CARIFORUM exports of goods and services; and iv. Cooperation for the development of CAIRFORUM innovative systems. 1
  • 8. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Actions to be Taken on National or Regional Levels Implementation Timeline Title I: Trade In Goods Chapter 1: Customs Duties (Articles 9-22) National Classification of Goods. CARIFORUM States, are required to ensure the Classification of Goods No later than six months after (Article 12) covered by the Agreement in the Harmonized Commodity Description signature (15 October 2008) and Coding System (HS) (2007 Revision) 2007, in accordance with the of CARIFORUM-EC rules of classification thereto. Economic Partnership Agreement (EPA). National Customs Duties on Preparation and enactment of Legislation for prescribing of zero duty) on 1 January 2009. Imports of Originating originating products or as provided in Annex III. Products from the EC Party. (Article 16) National and Regional Arrangements with CARIFORUM States to notify the CARIFORUM-EC Trade and Within six months of respect to Other Duties Development Committee of the EPA of ODCs currently being applied. signature (15 October 2008) and Charges (ODCs). of the CARIFORUM-EC EPA. (Article 16.3) National Annex II Early declaration by CARIFORUM States of shortfalls in deliveries under 1 October 2009, Duty-free Application in the EC of the Sugar Protocol for the marketing period 2008-2009 with a view to Quota-free market access. tariff treatment on obtaining EC agreement to reallocate among CARIFORUM States in Customs Duties on keeping with the Joint Declaration on Reallocation of Undelivered Originating Sugar and Quantities Under the Sugar Protocol. Rice exported from CARIFORUM States. Regional Determination by CARIFORUM States signatory to the Sugar Protocol of Upon Application (29 the share out of the 30,000 tonne quota allocated to them for the December 2008) of the marketing period 2008-2009. CARIFORUM-EC EPA. 2
  • 9. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Actions to be Taken on National or Regional Levels Implementation Timeline Rice CARIFORUM rice exporting States to take note of Interim zero tariff- 1 January 2008. rate quota in place (in the EC market) with quota levels of 187,000 tonnes and 250,000 tonnes for 2008 and 2009 respectively. CARIFORUM rice exporting States to note introduction of duty- 1 January 2010. free/quota-free treatment of originating rice. Title I: Trade In Goods Chapter 2: Trade Defense Instruments (Articles 23-25) National Antidumping and CARIFORUM States are to prepare and enact Antidumping and Upon Provisional Application countervailing measures Countervailing and Safeguard Measures Legislation to permit action (29 December 2008) of the and safeguards. pursuant to the provisions of the Agreement. CARIFORUM-EC EPA. (Articles 23, 24 and 25) Regional Preparation of Draft Model Legislation. Title I: Trade In Goods Chapter 3: Non-Tariff Measures (Articles 26-28) Prohibition of CARIFORUM States to discontinue import or export prohibitions or Upon Provisional Application Quantitative restrictions i.e. all quotas, import or export licenses or other measures, (29 December 2008) of the Restrictions. (Article 26) on originating imports and exports with the EC. CARIFORUM-EC EPA. National Treatment on CARIFORUM States to discontinue the discriminatory application of all Upon Provisional Application internal taxation and laws, regulations and requirements affecting the internal sale between (29 December 2008) of the regulation. (Article 27) originating imports and like domestic products [Art.27(2)]. CARIFORUM-EC EPA. Agricultural export CARIFORUM States are not to introduce new export subsidies in Upon Provisional Application subsidies. (Article 28) respect of agricultural products, excluding fish and fish products (29 December 2008) of the [Art.28(1)]. CARIFORUM-EC EPA. 3
  • 10. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Actions to be Taken on National or Regional Levels Implementation Timeline National and Regional CARIFORUM States are to monitor of the phase-out of existing export Upon Provisional Application subsides by the EC on goods for which CARIFORUM States have (29 December 2008) of the committed to the elimination of Custom Duties [Art. 28.2]. CARIFORUM-EC EPA – Ongoing matter for consideration of the Trade and Development Committee. Title I: Trade In Goods Chapter 5: Agriculture and Fisheries (Articles 37-43) National Food Security. Focal points to be identified by Member States. Upon Provisional Application (Article 40) (29 December 2008) of the Development of national rapid-response mechanisms to identify and CARIFORUM-EC EPA. examine deleterious effects of the implementation of the CARIFORUM- EC EPA on domestic agricultural, food and fisheries sectors and consumers, particularly in respect of the policy objective of food security. Regional Consultations within the ambit of the Trade and Development Committee, to facilitate exchange of information and consultative process. Development, within CARIFORUM, of an EPA specific food security policy regime and regulatory framework which allows for the application of CARIFORUM-EC bilateral Safeguards in response to food security concerns. 4
  • 11. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Actions to be Taken on National or Regional Levels Implementation Timeline National Traditional Agricultural Development of national polices on traditional products. Upon Provisional Application Products. (29 December 2008) of the (Article 42) Regional CARIFORUM-EC EPA. Coordination of relevant national polices. National Conduct of seminars on commodity related policies regulations and Upon Provisional Application market access opportunities and technical requirements. (29 December 2008) of the CARIFORUM-EC EPA. Regional Development of a framework for continuous engagement of the EC in Upon Provisional Application respect of coordinating negotiating positions with regard to maintenance (29 December 2008) of the of significant preferential market access for the CARICOM traditional CARIFORUM-EC EPA. products, in the multilateral Agriculture and Non-Agricultural Market Access negotiations. Coordination of CARIFORUM States’ policy positions, EPA implementation experiences and negotiating positions in the multilateral trade negotiations, with regard to traditional products. Monitoring by CARIFORUM States of trade policy development in the EC which may impact on trade in traditional agriculture products. Conduct of periodic consultations with regional stakeholders and relevant national Ministries. Title I: Trade In Goods Chapter 6: Technical Barriers to Trade (Articles 44-51) National Exchange of Information Each CARIFORUM State to designate National Contact Point for Upon Provisional Application and Consultation. exchange of information [Art.49(1)]. (29 December 2008) of the (Article 49) CARIFORUM-EC EPA. Regional The Region to designate Regional Contact Point(s). 5
  • 12. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Actions to be Taken on National or Regional Levels Implementation Timeline The Region to agree on products on which information will be Upon Provisional Application exchanged with the EC with a view to collaborating so that these (29 December 2008) of the products meet technical regulations and standards required to access CARIFORUM-EC EPA. the EC market [Art.49(5)]. Title I: Trade In Goods Chapter 7: Sanitary and Phytosanitary Measures (Articles 52-59) National and Regional Objectives. CARIFORUM States to conduct a study to identify the non-trade barriers Upon Provisional Application (Article 53) as result of measures to protect plant, animal and health; and develop (29 December 2008) of the an implementation schedule for removal. CARIFORUM-EC EPA. Capacity to identify prevent and minimize CARIFORUM States to establish, with the assistance of the EC, barriers and disruptions. harmonized intra-regional SPS measures with a view to facilitating the recognition of equivalence of such measures with those existing in the EC. CARIFORUM States to determine the capacity building assistance needed from the EC in order to ensure compliance with the SPS measures of the EC Party. National and Regional Recognition of CARIFORUM to conduct a study for assessment of equivalence Upon Provisional Application Equivalence. measures, including : (29 December 2008) of the ----Priority Pest List formulation; CARIFORUM-EC EPA. ----Establishment of Pest Free Areas. CARIFORUM to establish a monitoring mechanism for Certification. National and Regional Compliance with SPS. CARIFORUM States to Establish/Strengthen SPS notification Points. Upon Provisional Application (29 December 2008) of the CARIFORUM States to Establish Risk Response Unit - SPS CARIFORUM-EC EPA. notifications, inquiry and management. 6
  • 13. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Actions to be Taken on National or Regional Levels Implementation Timeline National Designation of CARIFORUM States to designate (establish where necessary) National Upon Provisional Application Competent Authorities Competent Authorities for implementation of sanitary and phytosanitary (29 December 2008) of the by Member States. measures of the Agreement. CARIFORUM-EC EPA. (Article 55) CARIFORUM States are required to inform the EC, in a timely manner, of significant changes in the structure, nature and organization and division of their Competent Authorities. Regional CARIFORUM to determine the regional body representing the Competent Authorities to the maximum extent possible, and through which exchange of information will be channeled. Preparation and enactment of CARICOM Plant, Animal, Pesticides, Food Safety Acts and supporting regulations. National Transparency. CARIFORUM States are to inform the EC at an early stage of proposals Upon Provisional Application (Article 57) to modify or introduce SPS regulations or measures that are especially (29 December 2008) of the relevant to trade between the two Parties. CARIFORUM-EC EPA. National and Regional Cooperation. CARIFORUM States to engage Development Cooperation (support) with Upon Provisional Application (Article 59) the EC, where necessary, in respect of the following - (29 December 2008) of the Minimize plant, animal Laboratory infrastructure development (Plant, Veterinary, Food Safety). CARIFORUM-EC EPA. and public health risks. Training for regulatory personnel and public private sector partnership. Training and information events for regulatory personnel. Minimize risk of plant, Strengthening and establishment of relevant infrastructure Abattoirs; animal and public Port Health Facility; Packing Houses; Cold Storage Facilities. health. 7
  • 14. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Actions to be Taken on National or Regional Levels Implementation Timeline Capacity to prevent and Development of Regional Policy and Strategy for Agricultural Health and minimize plant, animal Food Safety. and public health risks. Harmonized SPS Harmonization of Regional Plant; Animal; Pesticides; Food Safety Acts measures. and supporting regulations. Harmonized SPS Develop draft harmonized procedures and measures for Labs, measures. inspections, certification, biosafety. Cooperation and Participation in international standard setting bodies. Coordination of regional positions. Title II: Investment, Trade In Services and E-Commerce Chapters 1-5: Investment and Trade In Services (Articles 60 – 118) Chapter 2 – Commercial Presence National and Regional Future Liberalization. CARIFOUM States to identify new sectors for liberalization and the No later than six months after (Article 62) conditions under which the services will be provided from the EU. provisional application (29 December 2008) of the CARIFORUM States, with the assistance of the CARIFORUM/CARICOM CARIFORUM-EC EPA. Secretariats, to conduct studies and national consultations, on sectors to be liberalized. National and Regional Application to The CARIFORUM States to make the necessary changes to Annex V with a No later than six months after Bahamas and Haiti. view to incorporating the commitments of The Bahamas and Haiti, by the signature (15 October (Article 63) decision of the CARIFORUM-EC Trade and Development Committee. 2008) of the CARIFORUM- EC EPA. Identification and listing all legislative changes necessary to facilitate trade in services in the proposed sectors. Preparation of commitments on market access and national treatment in sectors of interest to The Bahamas and Haiti. 8
  • 15. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Actions to be Taken on National or Regional Levels Implementation Timeline Draft Commitments of The Bahamas and Haiti to be reviewed by CARIFORUM States. [CARICOM Member States and CARIFORUM to defend the commitments of The Bahamas and Haiti at the CARIFORUM-EU Joint Council]. CARIFORUM State to implement policies, and enact legislation, which facilitate the grant of MFN treatment to EU service providers. National and Regional Regional CARIFORUM Progressive removal of barriers and the provision of appropriate Upon provisional application Integration. regulatory frameworks (possibly using the principles set in Chapter 5 of (29 December 2008) of the (Article 64) Title II of the CARIFORUM-EC EPA) for trade in services and investment CARIFORUM-EC EPA. between CARIFORUM States (i.e. CARICOM and the DR). CARICOM States to identify restrictions and other measures affecting trade in services with the Dominican Republic (DR). CARICOM Member States to conduct national consultations on the elements of a services agreement with the Dominican Republic (DR). and identify their possible offers and requests. CARIFORUM Member States to determine the implications of Article 238 – Regional Preferences – on the liberalization of investment and trade in services between CARICOM and the Dominican Republic (DR). 9
  • 16. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Actions to be Taken on National or Regional Levels Implementation Timeline National and Regional Market Access. CARIFORUM States are to accord commercial presence to EC firms and Upon provisional application (Article 67) investors in accordance with the scheduled commitments of Annex IV of (29 December 2008) of the the CARIFORUM-EC EPA. CARIFORUM-EC EPA. CARIFORUM States to ensure that they do not maintain limitations on the number of commercial presences; total value of transactions or assets; total number of operations or quantity of output; participation of foreign capital; and measures which restrict or require specific types of commercial presence (as outlined in paragraph 2 of Article 67), unless so indicated in their scheduled commitments. National and Regional National Treatment. CARIFORUM States to ensure that EC investors receive national Upon provisional application (Article 68) treatment, in the sectors inscribed in the schedule and in accordance (29 December 2008) of the with the schedule i.e. CARIFORUM States to ensure that they comply CARIFORUM-EC EPA. with the National Treatment requirement. National and Regional Most Favoured- Nation CARIFORUM States to apply the principle of most-favored-nation Upon signature (15 October Treatment. treatment to European investors and firms “to any measures affecting 2008) of the CARIFORUM- (Article 70) commercial presence” in respect of future economic integration EC EPA. agreements with major trading economies. (One exception to this general requirement is a regional economic integration agreement which either creates an internal market or requires the parties to the regional integration agreement to significantly harmonize their laws to remove any nondiscriminatory obstacles to commercial presence or trade in services. Measures exempted from the requirement of most-favored-nation treatment are those relating to recognition of qualifications, licenses or prudential measures in accordance with Article 7 of the GATS or it’s Annex on financial services, an agreement relating to taxation or any listed exemptions to most- favored-nation treatment in their GATS schedules.) 10
  • 17. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Actions to be Taken on National or Regional Levels Implementation Timeline CARIFORUM States are required to grant most-favored-nation treatment to European firms and investors in accordance with this Article, with the exceptions listed above. CARIFORUM States to review their existing agreements to ascertain whether they are signatory to any agreement which requires to grant MFN treatment to European firms and investors. CARIFORUM States to Implement policies and enact legislation, where necessary, which facilitate the grant of MFN treatment to EU service providers. CARIFORUM States to establish a Monitoring Mechanism for FTAs with third states. Behaviour of Investors. CARIFORUM States and the EC to cooperate to ensure that investors Upon Application (29 (Article 72) behave in an acceptable manner in their activities in the territories. December 2009) of the CARIFORUM-EC EPA. CARIFORUM States to take the necessary measures, legislative and otherwise, within their territories to allow for the application of this Article. Actions proscribed include corrupt behavior, violation of core labor standards, and circumvention of international environmental or labor agreements to which they are party. CARIFORUM States to ensure that investors establish and maintain, where necessary, liaison with local communities especially in projects involving extensive natural resource-based activities. CARIFORUM States to ensure that their laws provide for the implementation of this Article, particularly as it relates to anti-corruption legislation; other legislation to address negative behavior of investors in the relation to labor or environmental issues; investment laws relating to the consultation; and local involvement activities of investors. 11
  • 18. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Actions to be Taken on National or Regional Levels Implementation Timeline CARIFORUM States, with the assistance of the CARICOM and CARIFORUM Secretariats, to develop harmonized policy and legislation. Preparation of Draft Model Legislation. CARIFORUM Ministries and Agencies to build consensus among stakeholders. CARIFORUM States to organize stakeholder consultations. Maintenance of CARIFORUM States are required not to encourage investment by Upon Provisional Application Standards. lowering domestic environmental, labour or occupational health and (29 December 2009) of the (Article 73) safety standards, or by relaxing core labor standards or laws promoting CARIFORUM-EC EPA. cultural diversity. CARIFORUM States to review and amend, where necessary, laws where present and the draft new laws where such do not exist, to ensure that they have measures in place to prevent such action on the part of their officials or representatives involved in promoting or facilitating foreign investment in their territories. CARIFORUM States, with the assistance of the CARICOM and CARIFORUM Secretariats, to develop harmonized policy and legislation. Greater collaboration among relevant CARIFORUM Ministries, Agencies, etc. Chapter 3 – Cross Border Supply of Services National and Regional Market Access. CARIFORUM States to accord services and service suppliers of the EC Upon Provisional Application (Article 76) treatment no less favourable than that provided for in the specific (29 December 2009) of the commitments contained in Annex IV. CARIFORUM-EC EPA. 12
  • 19. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Actions to be Taken on National or Regional Levels Implementation Timeline CARIFORUM States are neither to maintain nor adopt, either on the basis of a regional subdivision or on the basis of their entire territory, limitations on the number of service providers; value of service transaction or assets; and total number of service operators or on the total quantity of service output, unless specified in their schedule of commitments. CARIFORUM States to review the measures in trade in services in force in their territories and ensure that they equate with the commitments they have made in Annex IV. If any anomalies do exist they will need to be removed. CARIFORUM State to implement policies, and enact legislation, to give effect to the specific commitments contained in Annex IV. National Treatment. CARIFORUM States are required to accord national treatment, in Upon Provisional Application (Article 77) respect of all measures affecting the cross-border supply of services, to (29 December 2009) of the services and service suppliers of the EC in the sectors and with the CARIFORUM-EC EPA. limitations inscribed in Annex IV (i.e. the schedule). CARIFORUM States are to ensure that they apply the commitments made in their schedules to European service suppliers. CARIFORUM State to implement policies, and enact legislation, which facilitate the grant of national treatment to EU service providers. National and Regional List of Commitments. CARIFORUM States should review, in particular the schedule of the EC Upon Provisional Application (Article 78) to identify areas where new market opening has been achieved over the (29 December 2009) of the existing multilateral commitment. This review should also indicate the CARIFORUM-EC EPA. areas where the service providers of CARIFORUM States could, based on their capabilities, expand their services exporting. 13
  • 20. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Actions to be Taken on National or Regional Levels Implementation Timeline On the basis of the aforementioned review CARIFORUM States to consult with their service providers to identify areas of opportunity and identify the assistance and support which they require to take advantage of these new opportunities. Individual CARIFORUM States, with the assistance of the CARICOM and CARIFORUM Secretariats, to identify where cooperation with other CARIFORUM States could yield new benefits in terms of exports, for example through joint promotion efforts or improvement of regional regulatory structures. National and Regional Most-Favoured-Nation CARIFORUM countries are required to provide most-favored-nation Upon Provisional Application Treatment. treatment to the EC (with regard to measures affecting the cross-border (29 December 2009) of the (Article 79) supply of services) in respect of future agreements with major trading CARIFORUM-EC EPA. economies, similar to the action required with regard to commercial presence. CARIFORUM State to implement policies, and enact legislation, which facilitate the grant of MFN treatment to EU service providers. Chapter 4 – Temporary Presence of Natural Persons for Business Purposes National and Regional Coverage and CARIFORUM Member States to undertake the necessary amendments Upon Provisional Application Definitions. to laws and procedures to give effect to the definitions and terms (29 December 2009) of the (Article 80) introduced in Article 80 (e.g. key personnel, graduate trainee, business CARIFORUM-EC EPA. services sellers, contractual services suppliers, independent professionals and short-term visitors for business purposes etc.), as well as to provide for the respective periods of stay of the various categories of persons in the immigration rules of each territory. National Short-term visitors for CARIFORUM States should take steps to implement commitments Upon Provisional Application business purposes. relating to short-term visitors for business purposes in view of the (29 December 2009) of the (Article 84) benefits to their own personnel that may possibly accrue from application CARIFORUM-EC EPA. of this Article as well as the benefits to their economies. 14
  • 21. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Actions to be Taken on National or Regional Levels Implementation Timeline CARIFORUM States, with the assistance of the CARICOM and CARIFORUM Secretariats, to amend or enact legislation, where it does not exist, governing the temporary stay of EU service providers and the use of Economic Needs Tests (ENTs). Preparation of Draft Model Legislation. Chapter 5 – Regulatory Framework National and Regional Mutual Recognition. CARIFORUM States should determine the extent to which regional Upon Provisional Application (Article 85) professional bodies exist in disciplines such as accounting, architecture (29 December 2009) of the engineering and tourism, and facilitate their establishment where CARIFORUM-EC EPA. necessary. CARIFORUM States should determine the priority among the disciplines suggested by the Article, namely accounting, architecture, engineering, and terrorism. CARIFORUM States should review the qualifications and experience required in order to supply such services within CARIFORUM and continue the process of, as far as possible, seeking to harmonize such rules within a period of time that is both advisable and appropriate. CARIFORUM States, with the assistance of the CARICOM and CARIFORUM Secretariats, to hold stakeholder consultation in the accountancy, architecture, engineering and tourism sub-sectors, in order to identify best practices and standards for Mutual Recognition of qualifications of professionals from EU. Transparency. CARIFORUM States are required to establish one or more enquiry Upon Provisional Application (Article 86) points, which are depositories of law and regulations, as listed in Annex (29 December 2009) of the V, to provide specific information to investors and services suppliers of CARIFORUM-EC EPA. the EC, upon request. 15
  • 22. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Actions to be Taken on National or Regional Levels Implementation Timeline National and Regional Procedures. CARIFORUM Member States are required to establish, where they don’t Upon Provisional Application (Article 87) exist, the arbitral or administrative tribunals or procedures to provide an (29 December 2009) of the investor or service provider with appropriate remedies for, administrative CARIFORUM-EC EPA. decisions affecting commercial presence, cross-border supply of services or temporary presence of natural persons for business purpose. CARIFORUM States are required to ensure that where such procedures are not independent of the agency entrusted with the administrative decision concerned, the procedures in fact provide an objective and impartial review. Section 2 - Computer CARIFORUM States to institute the requisite regulatory and policy Upon Provisional Application Services. framework pursuant to liberalization of computer services under the (29 December 2009) of the CARIFORUM-EC EPA. CARIFORUM-EC EPA. Understanding on computer services. CARIFORUM States are to subscribe to and ensure that their officials (Article 88) are aware of the common understanding, as set out in Article 88, for the scope of computer and related services in implementing their market access commitments in this sector (in accordance with Chapters 2, 3 and 4 of Title II – Investment, Trade in Services and E-Commerce.) National and Regional Section 3 - Courier CARIFORUM States to institute the requisite regulatory and policy Upon Provisional Application Services. framework pursuant to liberalization of courier services under the (29 December 2009) of the (Articles 89-93) CARIFORUM-EC EPA. CARIFORUM-EC EPA. CARIFORUM States are to institute, or maintain, measures to prevent anticompetitive practices by suppliers, consistent with the principles set out for the new regulatory framework for all courier services that are liberalized under this agreement. (Article 90) CARIFORUM States to ensure that, where an individual license is required, all licensing criteria; terms; and conditions are made publicly available. (Article 92) 16
  • 23. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Actions to be Taken on National or Regional Levels Implementation Timeline CARIFORUM States should review their procedures for the granting of licenses where such are required in order to make available the information required in Article 92 as well as put in place the appeal procedure. CARIFORUM States to establish, where they don’t exist, independent (i.e. legally separate from, and not accountable to, any supplier of courier services) regulatory bodies or the provision of powers of review to existing independent bodies where they exist (Article 93). Section 4 – CARIFORUM States are required to ensure that the regulatory Upon Provisional Application Telecommunication authorities for telecommunication services are legally distinct and (29 December 2009) of the Services . independent from any supplier of telecommunication services and is CARIFORUM-EC EPA. (Articles 94-102) sufficiently empowered to regulate the sector. CARIFORUM States are required to introduce, or maintain, measures to prevent suppliers of telecommunications services from engaging in, or continuing, anticompetitive practices. CARIFORUM States to enact legislation that, inter alia, makes provision for interconnection; the publication by major suppliers of their interconnection agreements or their reference interconnection offers; and the procedures applicable for interconnection to a major supplier to be made publicly available. CARIFORUM States are to ensure that the regulatory authority is able to settle disputes and cooperate with other national regulatory authorities in the settlement of cross-border provision issues. CARIFORUM States, in order to ensure universal service, are to ensure that all suppliers are eligible through an efficient, transparent, objective and non-discriminatory mechanism. CARIFORUM States are required to ensure that directories of all subscribers are available to users in a form (electronic and/or printed) approved the national regulatory authority. 17
  • 24. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Actions to be Taken on National or Regional Levels Implementation Timeline Preparation of Draft Model Legislation. National and Regional Section 5 – Financial CARIFORUM States to institute the requisite regulatory and policy Upon Provisional Application Services. framework pursuant to liberalization of financial services under the (29 December 2009) of the (Articles 103-108) CARIFORUM-EC EPA. CARIFORUM-EC EPA. CARIFORUM States are required to maintain, or adopt, measures for prudential reasons. (Article 104 – Prudential Carve-out) Consultation of stakeholder and coordination of policy with respect to the protection of investors, depositors, policy holders etc. (Article 104) CARIFORUM States to ensure that they institute provisions, legislation and institutions to facilitate transparency related enquiries from providers of services from the EC, relating to the development of new measures of general application. Such measure can be provided either electronically or in written form but must be by means of official publication. (Article 105) CARIFORUM States are also to make available information on the requirements for completing applications to supply financial services and details on the status of the application. (Article 105) CARIFORUM States to implement Measures to: (i) facilitate prior publication of new measures; (ii) specify and publicise application requirements; (iii) establish mechanisms for the timely response to application queries. 18
  • 25. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Actions to be Taken on National or Regional Levels Implementation Timeline CARIFORUM States are required to permit financial service suppliers of the EC to provide any new financial service similar to those that CARIFORUM States permit their own financial service suppliers to provide under their domestic law in like circumstances. (Article 106) CARIFORUM States to develop a harmonized mechanism for authorizing and determining the juridical form through a new financial service (by an EC financial service supplier) may be provided. (Article 106) CARIFORUM States to permit an EC financial service supplier to transfer financial information in electronic or other form, where such is required in the ordinary course of the business. (Article 107) CARIFORUM States to adopt adequate safeguards for the protection of privacy and fundamental rights and freedom of individuals in particular concerning the transfer of personal data. (Article 107) CARIFORUM States to address best endeavour provisions relating to the application of international agreed standards for regulation and supervision, possibly through enactment of new or amendment of existing legislation. Preparation of Draft Model Legislation. CARICOM Member States should seek to enact legislation to give effect to the CFSA. National and Regional Section 6 – International CARIFORUM States to institute the requisite regulatory and policy Upon Provisional Application Marine Transport framework pursuant to liberalization of international marine transport (29 December 2009) of the Services. services under the CARIFORUM-EC EPA. CARIFORUM-EC EPA. (Article 109) 19
  • 26. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Actions to be Taken on National or Regional Levels Implementation Timeline CARIFORUM States are required to effectively apply the principle of unrestricted access to the international maritime markets and trades on a commercial and non-discriminatory basis. CARIFORUM States are not to introduce cargo-sharing arrangements in future bilateral agreements with third countries, concerning maritime transport services. CARIFORUM States are required to abolish and abstain from introducing any unilateral measures and administrative, technical and other obstacles which could restrict or have discriminatory effects on the free supply of services in international maritime transport. Maritime administrations of CARIFORUM States to ensure that provisions of this Article are adhered to, including national treatment to EC suppliers with regard to access to ports; the use of infrastructure and other maritime services; as well as related fees and charges; customs facilities and the assignment of berths and facilities for loading and unloading. CARIFORUM States to grant national treatment or most favored nation treatment w.r.t. commercial presence for international maritime services suppliers form the EC. CARIFORUM State to implement policies, and enact legislation, which facilitate the grant of MFN and national treatment to EU service suppliers w.r.t. commercial presence for international maritime services. CARIFORUM States to adhere to the transparency requirement relating to the articulated port services. Preparation of Draft Model Legislation. 20
  • 27. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Actions to be Taken on National or Regional Levels Implementation Timeline National and Regional Section 7 - Tourism CARIFORUM States to institute the requisite regulatory and policy Upon Provisional Application Services. framework pursuant to liberalization of tourism services under the (29 December 2009) of the (Articles 110-118) CARIFORUM-EC EPA. CARIFORUM-EC EPA. Preparation of Draft Model Legislation. CARIFORUM States to maintain or introduce measures to prevent anticompetitive practices, in particular in the context of tourism distribution networks. (Article 111) CARIFORUM States are to cooperate with the EC towards mutual recognition of requirements, qualifications, licenses or other regulations (in accordance with Article 85). (Article 114) CARIFORUM States should develop or encourage their operators to develop projects which are capable of receiving funding from international, sub regional, regional, bilateral or private financing programs relating to the sustainable development of tourism. (Article 115) CARIFORUM States are to encourage compliance with environmental and quality standards applicable to tourism services, without constituting unnecessary barriers to trade. (Article 116) CARIFORUM States, with the assistance of the CARICOM and CARIFORUM Secretariats, should develop programs for environmental quality standards relating to tourism services. (Article 116) 21
  • 28. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Actions to be Taken on National or Regional Levels Implementation Timeline CARIFORUM States and the EC are to cooperate for the advancement of the CARIFORUM tourism sector, including facilitation of support for upgrading national accounting systems with a view to introducing Tourism Satellite Accounts (TSA) at the regional and local level; environmental management in tourism areas; development of internet marketing strategies for SMEs in the tourism sector; participation in international standard setting bodies; and tourism exchange programmes. (Article 117) CARIFORUM States, with the assistance of the CARIFORUM and CARICOM Secretariats, to conduct of stakeholder consultations. Preparation of Draft Model Legislation. CARIFORUM States, in conjunction with the CARICOM and CARIFORUM Secretariats, to take action in cooperation with tourism operators to develop programs capable of receiving development cooperation and technical assistance in accordance with the ideas outlined in Article 117. The CARIFOURM-EC Trade and Development Committee to develop modalities for regular dialogue between the Parties on the issues covered in the tourism services section of the CARIFORUM-EC EPA. (Article 118) 22
  • 29. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Actions to be Taken on National or Regional Levels Implementation Timeline Chapter 7 – Cooperation National and Regional Technical cooperation CARIFORUM States, with the assistance of the CARICOM and Upon Provisional Application and assistance. CARIFORUM Secretariats, to develop programme ideas and project (29 December 2009) of the proposals that will facilitate the provision of technical assistance, training CARIFORUM-EC EPA. and capacity building from the EC in the areas outlined in paragraph 2 of Article 121 of the CARIFORUM-EC EPA (e.g. improving the export capacity of CARIFORUM service suppliers, addressing quality and standards in sectors CARIFORUM States have undertaken commitments under this agreement, developing and implementing regulatory regimes for specific service sectors at CARIFORUM regional level; establishing mechanism for promoting investment and joint ventures; and enhancing the capacities of investment promotion agencies) and in other areas as required for the development of the services sectors. Consultation with private sector and other stakeholders in CARIFORUM States. CARIFORUM States to establish, where deemed necessary, durable mechanisms at the national level to oversee the implementation of projects and assess their effectiveness. TITLE III – CURRENT PAYMENTS AND CAPITAL MOVEMENT National Current Payments. CARIFORUM States are not to impose restrictions on and to allow all Upon Provisional Application (Article 122) payments for current transactions between residents of the EC and (29 December 2009) of the CARIFORUM States to be made in freely convertible currency. CARIFORUM-EC EPA. CARIFORUM States to amend and enact legislation, as necessary. 23
  • 30. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Actions to be Taken on National or Regional Levels Implementation Timeline CARICOM Secretariat to conduct Regional consultations to ensure consistency of policy, prepare model legislation and assist in administering a common regime. National Capital movements. CARIFORUM States are not to impose restrictions on the free movement Upon Provisional Application (Article 123) of capital relating to direct investments, and the liquidation and (29 December 2009) of the repatriation of these capitals and of profit stemming therefrom. CARIFORUM-EC EPA. CARIFORUM States are to amend or enact legislation to allow for free movement of capital between them and the EC. CARICOM Secretariat to conduct Regional consultations to ensure consistency of policy, prepare model legislation and assist in administering a common regime for free movement of capital between Member States and the EC. National and Regional Safeguard measures. CARIFORUM States to institute the requisite regulatory and policy Upon Provisional Application (Article 124) framework to apply safeguard measures under the CARIFORUM-EC (29 December 2009) of the EPA with regard to capital movements. CARIFORUM-EC EPA. Development, within CARIFORUM, of an EPA specific policy regime and regulatory framework which allows for the application of CARIFORUM- EC bilateral Safeguards. Preparation of Draft Model Legislation. CARICOM Secretariat to conduct Regional consultations to ensure consistency of policy, prepare model legislation and administer a common regime on safeguard measures. Title II: Investment, Trade In Services and E-Commerce Chapters 5 and 6: Telecommunication Services and Electronic Commerce (Articles 119 – 121) National and Regional E-Commerce and ICT. CARIFORUM States to develop and implement ICT, and possibly e- Upon Provisional Application commerce, policies. (29 December 2008) of the CARIFORUM-EC EPA. 24
  • 31. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Actions to be Taken on National or Regional Levels Implementation Timeline CARIFORUM States to enact new, or amend existing, legislation in ensure transparency of process, protection of privacy, collection of economic rents etc. CARIFORUM States to establish Telecommunications (ICT) Regulatory Authorities, where they do not already exist. CARICOM Member States to negotiate and institute harmonized ICT, and by extension e-commerce, legislation and policy framework. Preparation of Draft Model Legislation. Title IV: Trade Related Matters Competition (Articles 125-130) National and Regional Definitions. Enactment of competition legislation, in CARIFORUM States, to be Upon entry into force of the (Article 125) brought to the attention of the EC party through the Joint EC- CARIFORUM-EC EPA, and CARIFORUM Trade and Development Committee. (The Bahamas also thereafter. has to notify the EC.) CARIFORUM States to determine mechanism for submitting notifications on legislation. National and Regional Public enterprises and CARIFORUM States to remove all trade distorting measures employed Upon entry into force of the enterprises entrusted by public enterprises (and enterprises to which special or exclusive CARIFORUM-EC EPA, and with special or exclusive rights have been granted). thereafter. rights, including designated monopolies. CARIFORUM States to subject public enterprises to the competition (Articles 129) rules. CARIFORUM States to inform the Trade and Development Committee about the enactment of sectoral rules (applicable to public enterprises and mandated by regulatory framework). 25
  • 32. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Actions to be Taken on National or Regional Levels Implementation Timeline CARIFORUM States to inform the Trade and Development Committee the measures adopted to progressively adjust State monopolies of a commercial nature or character to ensure that there is no discrimination regarding goods and services originating in the EC and those originating in CARIFORUM States. CARICOM Member States to as deemed necessary amend the Revised Treaty to reflect CARICOM policy on treatment of monopolies and mergers2, and ensure consistency of national legislation with Revised Treaty. Cooperation. National and Regional (Article 130) CARIFORUM States, with the assistance of the CARICOM and Upon Provisional Application CARIFORUM Secretariats, to develop programme ideas and project of the CARIFORUM-EC EPA proposals that will facilitate the provision of technical assistance and (29 December 2008). capacity building from the EC w.r.t. inter alia functioning of Competition Authorities; drafting guidelines, manuals, legislation where necessary; training of personnel involved in implementation and enforcement of competition policy, to facilitate the implementation of the commitments and achieve the objectives of the Competition Chapter. 2 Article 94 of Revised Treaty to ensure: - an obligation to remove all existing trade distorting measures in the practices of public undertakings; - application of competition rules to public enterprises (taking into account the proviso in the Agreement that the rules should not obstruct their performance of the tasks assigned to them). 26
  • 33. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Actions to be Taken on National or Regional Levels Implementation Timeline Title IV: Trade Related Matters Chapter 4: Environment3 (Articles 3 and 183-190) National and Regional Commitment to CARIFORUM States to ratification of trade and environment related Upon Provisional Application Sustainable Multilateral Environmental Agreements (MEAs). (29 December 2008) of the Development –Part I, CARIFORUM-EC EPA. Trade Partnership for CARIFORUM States to enactment of legislation to give effect to MEA Sustainable provisions. Development. (Article 3) CARIFORUM States to ensure implementation of provisions of trade and Sustainable environment related MEAs. Development, paragraphs 1, 2 and 3. Assessment of the Environmental and Social Dimensions of the (Articles 183-190) CARIFORUM-EC EPA, pursuant to policy development. Assessment of the Environmental Effects of the Implementation of the CARIFORUM-EC EPA. In order to inform cooperation and development support initiatives. Identification of CARIFORUM States which have not ratified relevant Agreements/conventions. Determination of Action to address the under-utilization of the legal system in environmental disputes. Convening of national Stakeholder consultations and consultations with Regional Institutions. Assessment of institutional and regulatory arrangements for environmental management and Sustainable Development. 3 Inclusive of a consideration of elements of Part I: Trade Partnership for Sustainable Development 27
  • 34. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Actions to be Taken on National or Regional Levels Implementation Timeline Development and/or Revision of National Sustainable Development/Environmental Policies /Strategies and Sectoral Development Strategies/ Action Plans. Development of harmonized (CARICOM/CARIFORUM) Sustainable Development and Environment Policies. Regional Levels of Protection and CARICOM Member States to sign the Agreement establishing the Upon Provisional Application Rights to Regulate and Common Fisheries Policy and Regime. (29 December 2008) of the Regional Integration and CARIFORUM-EC EPA. Use of International Finalization and Operationalization of the CFP&R, through inter alia the Environmental development of the relevant legislative framework. Standards. (Articles 184 and 185) Development of draft model legislation in relation to the operationalization of the Common Fisheries Policy and Regime; circulation to CARICOM Member States; and enacting of said legislative framework in Member States. Development of a Framework (institutional) for the Management of the CARICOM Region’s Marine resources (including an integrated framework for the management of the Caribbean Sea). National and Regional Upholding Levels of CARIFORUM States are not to encourage trade or FDI to enhance or Upon Provisional Application Protection. maintain a competitive advantage by lowering the level of protection (29 December 2008) of the (Article 188) provided by domestic environmental and public health legislation; or CARIFORUM-EC EPA. derogating from, or failing to apply such legislation. CARIFORUM States are not to adopt regional or national trade or investment-related legislation/administrative measures which frustrate measures intended to benefit, protect or conserve the environment/natural resources or protect public health. 28
  • 35. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Actions to be Taken on National or Regional Levels Implementation Timeline National and Regional Cooperation. CARIFORUM States, with the assistance of the CARICOM and Upon Provisional Application (Article 190) CARIFORUM Secretariats, to determine the support, required from the (29 December 2008) of the EC in respect of inter alia, CARIFORUM-EC EPA. i. technical assistance/capacity building to producers in meeting relevant product and other standards applicable in markets of the EC markets; ii. promotion and facilitation of private and public voluntary and market-based schemes; iii. technical assistance/capacity building in implementing and enforcing MEAs; iv. facilitation of trade between Parties in natural resources; improving the production of environmental goods and services; and v. promotion and facilitation of public awareness and education programmes in respect of environmental goods and services. Title IV: Trade Related Matters Chapter 5: Social Aspects (Articles 191-196) National and Regional Objectives and CARIFORUM States are not to use labour standards for protectionist Upon Provisional Application Multilateral trade purposes. (29 December 2008) of the Commitments. CARIFORUM-EC EPA. (Article 191.4) National Upholding Levels of CARIFORUM States are not to encourage trade or FDI to enhance or Upon Provisional Application Protection. maintain a competitive advantage by lowering the level of protection (29 December 2008) of the (Article 188) provided by domestic environmental and public health legislation; or CARIFORUM-EC EPA. derogating from, or failing to apply such legislation. National and Regional CARIFORUM States are not to adopt regional or national trade or investment-related legislation/administrative measures which frustrate measures intended to benefit, protect or conserve the environment/natural resources or protect public health. 29
  • 36. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Actions to be Taken on National or Regional Levels Implementation Timeline Cooperation. (Article 196) Cooperation, including by facilitating support in the following areas: National Skills training and CARIFORUM States to determine the support, required from the EC. Upon Provisional Application educational and (29 December 2008) of the awareness-raising CARIFORUM-EC EPA. programmes for labour market adjustments. National Raising awareness of CARIFORUM States to determine the support, required from the EC. Upon Provisional Application health and safety (29 December 2008) of the responsibilities-workers’ CARIFORUM-EC EPA. rights and employees’ responsibilities. National Promote corporate CARIFORUM States to determine the support required from the EC. Upon Provisional Application social responsibility (29 December 2008) of the through public CARIFORUM-EC EPA. information and reporting. Formulation of national National social and labour CARIFORUM States to develop appropriate legislation and policy, with Upon Provisional Application legislation; support from the EC where necessary. (29 December 2008) of the strengthening existing CARIFORUM-EC EPA legislation. National Enforcement of CARIFORUM States to develop appropriate legislation and policy, with Upon Provisional Application adherence to national support from the EC where necessary. (29 December 2008) of the legislation and work CARIFORUM-EC EPA. regulation. 30
  • 37. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Actions to be Taken on National or Regional Levels Implementation Timeline National Upon Provisional Application Exchange of information CARIFORUM States to develop appropriate legislation and policy, with (29 December 2008) of the on Social and labour support from the EC where necessary. CARIFORUM-EC EPA. legislation and related policies. Part III: Dispute Avoidance and Settlement (Articles 202-223) Regional Rules of Procedure. CARIFORUM States to discuss with European Commission draft of Within three months of the (Article 216). Rules of Procedure, which will govern dispute settlement procedures provisional application (29 prepared by the two Sides. December 2008) of this CARIFORUM-EC EPA. List of Arbitrators. CARIFORUM-EC Trade and Development Committee to establish a list Within three months of the (Article 221) of 15 individuals to serve as arbitrators. (Article 221(1,2)). provisional application (29 December 2008) of this CARIFORUM-EC Trade and Development Committee may establish an CARIFORUM-EC EPA. additional list of 15 individuals having a sectoral expertise in specific matters covered by this Agreement”. (Article 221(3)) Part V: Institutional Provisions (Articles 227-232) National and Regional Bodies established CARIFORUM States to designate representatives to the bodies Within six months of the under the EPA. established under the EPA (i.e. Joint CARIFORUM-EC Council, provisional application (29 (Article 227 to 232) CARIFORUM-EC Trade and Development Committee, CARIFORUM-EC December 2009) of the Parliamentary Committee, Special Committee on Customs Cooperation CARIFORUM-EC EPA. and Trade Facilitation and CARIFORUM-EC Consultative Committee) and adopt positions on the Rules of Procedure for consultation with the Commission. National and Regional Within six months of the Joint CARIFORUM-EC CARIFORUM representatives on the Joint Council to agree on the provisional application (29 Council. composition of the Consultative Committee (including designation of civil December 2009) of the (Article 227) society representatives). CARIFORUM-EC EPA. 31
  • 38. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Actions to be Taken on National or Regional Levels Implementation Timeline Part VI – General and Final Provisions (Articles 233-250) National and Regional Coordinators and CARIFORUM States collectively and each Signatory CARIFORUM State Upon Provisional Application exchange of information. to designate a Coordinator, to facilitate exchange of information. (29 December 2008) of the (Article 234) CARIFORUM-EC EPA. National and Regional Transparency. CARIFORUM States to promptly publish Laws, regulations, procedures Upon Provisional Application (Article 235) and administrative rulings, and any international commitments relating to of the EPA. any trade matter notified to the EC. National and Regional Dialogue on Finance CARIFORUM States to foster dialogue and transparency and share best Upon Provisional Application Issues. practices in the area of tax policy and administration with the EC. (29 December 2008) of the (Article 236) CARIFORUM-EC EPA. Regional preference. CARIFORUM States to accord to one another treatment no less 1 January 2009 (Article 238) favourable than that granted to the EC under the CARIFORUM-EC EPA. (Commitments become due consistent with the liberalization CARIFORUM States, with the assistance of the CARICOM and obligations set out in the CARIFORUM States, to undertake technical work, policy review and schedules.) legal drafting pursuant to the implementation of commitments arising out of Article 238. Upon Provisional Application (29 December 2008) of the With respect to trade in goods and services, CARIFORUM States are to: CARIFORUM-EC EPA.) - 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. 32
  • 39. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Actions to be Taken on National or Regional Levels Implementation Timeline Protocol I Concerning the Definition of the Concept of “Originating Products” and Methods of Administrative Cooperation General Requirements (i) For Rice of Tariff Heading 10.06 Member States to sensitize exporters 1 January 2010. and Cumulation in the to tariff elimination by the EC and availability of cumulation under CARIFORUM States. Rules of Origin, both by 1 January 2010. (Articles 2 and 4) (ii) For products listed in Annex X (sugar-based products) Member 1 October 2015. States to sensitize exporters to the availability of cumulation provisions under Rules of Origin from 1 October 2015. National and Regional Proof of Origin: General Requirement for CARIFORUM Member States to submit either a Upon Provisional Application Requirements. Movement Certificate EUR. 1; an invoice declaration; or delivery note for (29 December 2009) of the (Article 16) originating products in a CARIFORUM State, on importation into the EC CARIFORUM-EC EPA. party, in order to benefit from the provisions of the Agreement. CARIFORUM States, with the assistance of the CARICOM to sensitize importers and exporters and institutions on administrative conditions for products to benefit from the provisions of the Agreement. National Notification of CARIFORUM States are to provide the EC with addresses and Upon Provisional Application information related to specimen impressions of the stamp used by their customs offices (29 December 2009) of the customs authorities. authorized to issue movement certificates. CARIFORUM-EC EPA. (Article 32) CARIFORUM States are to immediately inform the EC through the Commission of the European Communities whenever there are changes to the information in respect of the certification and verification authorities. Protocol III On Cultural Cooperation National and Regional 1. Market Access for CARIFORUM Member States to develop coordinated government Upon Provisional Application Entertainment Services. policies on culture and trade, intellectual property, ICT, industrial and (29 December 2008) of the innovation upgrading etc. CARIFORUM-EC EPA. 33
  • 40. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Actions to be Taken on National or Regional Levels Implementation Timeline CARICOM Regional Policy Framework for the development of cultural industries to be established. CARIFORUM Member States to introduce and/or strengthen legislation in areas such as intellectual property, e-commerce, finance, and entertainment and introduce attendant incentive regimes. Establishment of a CARICOM Regional Task Force on Cultural Industries to increase regional collaboration and coordination and make recommendations for a Regional Policy Framework. National and Regional Technical Assistance. CARIFORUM States are to identify priority areas for capacity building Upon Provisional Application (Article 4) activities in intellectual property, ICT, business support services etc. (29 December 2008) of the CARIFORUM-EC EPA. National Audio-visual Addressed under Market Access. Upon Provisional Application cooperation. (29 December 2008) of the (Articles 5 & 6) Regional CARIFORUM-EC EPA. CARIFORUM and the EC to negotiate and sign a CARIFORUM-EU Co- production Treaty. Harmonize regional policies, especially in the areas highlighted in the Protocol. National and Regional Protection of sites and CARIFORUM States to introduce and/or strengthen policies and Upon Provisional Application historic monuments. programmes to develop heritage and festival tourism. (29 December 2008) of the (Article 9) CARIFORUM-EC EPA. CARIFORUM States to strengthen capacity for conservation and development of monuments and sites. 2. Cultural Protocol. National and Regional Audio-visual Addressed under Market Access. Upon Provisional Application cooperation. (29 December 2008) of the (Articles 5 & 6) CARIFORUM-EC EPA. 34
  • 41. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Actions to be Taken on National or Regional Levels Implementation Timeline National and Regional Performing Arts. Establishment or strengthening of EU counterpart industry associations (Article 7) and government institutions to support the arts and culture in CARICOM. Publications. Establish a Regional Task Force on Cultural Industries to make (Article 8) recommendations for a Regional Policy Framework. Joint Declaration on Development Cooperation National and Regional Addressing adjustment CARIFORUM coordination for the development of the EDF Caribbean Upon Provisional Application costs arising from EPA Regional Programme. (29 December 2008) of the implementation and CARIFORUM-EC EPA. improving regional CARIFORUM States to coordinate efforts to engage EU Member States infrastructure to enable at a political level to ensure the region receives an equitable share of AfT Member States to take resources. advantage of market access opportunities under the EPA. 35
  • 42. Draft Reworked Roadmap-15 May 2009 (X) BY THE 31ST DECEMBER 2010: Issue Areas Action to be taken e.g. Policy, Actions to be Taken on National Implementation Timeline Legal, Institutional or Regional Levels Part I: Trade Partnership for Sustainable Development (Articles 1-85) National and Regional Establishment of a The CARIFORUM States are to establish a Regional Development Fund. By 1 January 2011 Regional Development Fund. (Article 8.3) [provide for 1/1/2011]Title IV: Trade In Goods Chapter 1: Customs Duties (Articles 9-22) National and Regional Customs Duties on CARIFORUM States are to apply duty reduction as per Annex III of the By 1 January 2011 Imports of Products CARIFORUM-EC EPA (i.e. to provide for phasing out of Import Duties Originating from the EC over 5, 10, 15, 20 and 25 yrs as provided in Annex III). Party. (Article 16) and Annex III Title IV: Trade Related Matters Chapter 3: Public Procurement (Articles 165-182) National By 1 January 2011. Scope. CARIFORUM States are to designate the procuring agencies that are (CARIFORUM-EC Trade and (Article 167) listed in Annex 1 as operating under the Agreement. Development Committee may grant one year extension based on review). National and Regional Transparency of CARIFORUM States to promptly publish any law, regulation, judicial By 1 January 2011. government decision and administrative ruling of general application and procedures, procurement. as well as individual procurement opportunities in the appropriate (Article 168) publications. 36
  • 43. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Action to be taken e.g. Policy, Actions to be Taken on National Implementation Timeline Legal, Institutional or Regional Levels CARIFORUM States to explore scope for development of harmonized mechanism. CARIFORUM States to strengthen national capabilities. National and Regional Methods of CARIFORUM States to ensure that the methods of procurement By 1 January 2011. Procurement. employed by procuring entities are specified in the tender notice or (Within two years of (Article 170) tender documents. provisional application of the CARIFORUM-EC EPA for CARIFORUM States to examine the scope for harmonization of the CSME MCs). process within the CSME (and CARIFORUM). National and Regional Selective Tendering. CARIFORUM States are to ensure that procuring entities adhere to the By 1 January 2011. (Article 170) tendering procedures set out in Article 170 when they utilize selective tendering procedures. CARIFORUM States to examine national law and regulations, and enact new or amend existing legislation to give effect to the commitments set out in Article 170. CARIFORUM States to examine the scope for harmonization of the process within the CSME (and CARIFORUM). National and Regional Limited Tendering. CARIFORUM States are to ensure that procuring entities adhere to the By 1 January 2011. (Article 171) circumstances under which limited tendering procedures may be employed when awarding public contracts tendering procedures, as set out in Article 171. CARIFORUM States to examine national law and regulations, and enact new or amend existing legislation to give effect to the commitments set out in Article 171. 37
  • 44. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Action to be taken e.g. Policy, Actions to be Taken on National Implementation Timeline Legal, Institutional or Regional Levels CARIFORUM States to examine the scope for harmonization of the process within the CSME (and CARIFORUM). National and Regional By 1 January 2011. Technical Specifications. CARIFORUM States are to ensure that procuring entities set out (Article 173) technical specifications in tender notices AND that the procuring entities shall not seek or accept advice that would have the effect of precluding competition in the preparation or adoption of technical specifications4. CARIFORUM States to examine National Tender Documentation, preparation and authorization procedures for compliance with the technical specification commitments of the CARIFORUM-EC EPA set out in Article 173. CARIFORUM States to examine national law and regulations, and enact new or amend existing legislation to give effect to the commitments set out in Article 173. CARIFORUM States to examine the scope for harmonization of the process within the CSME (and CARIFORUM). National and Regional Qualifications of CARIFORUM States are to ensure that procuring entities adhere to the By 1 January 2011. Suppliers. pre-qualification procedures set out in Article 174. Within two years of (Article 174) provisional application of the CARIFORUM States to examine national law, regulations, procedures CARIFORUM-EC EPA for and practices fro compliance, and enact new or amend existing CSME MDCs. legislation to give effect to the commitments set out in Article 174. CARIFORUM States to examine the scope for harmonization of the process within the CSME (and CARIFORUM). 4 Third Draft Framework Policy. Para. 131(a), page 51 38
  • 45. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Action to be taken e.g. Policy, Actions to be Taken on National Implementation Timeline Legal, Institutional or Regional Levels Negotiations. CARIFORUM States to ensure that procuring entities conduct (Article 175) negotiations given defined conditions and the procedures that shall be employed to govern the negotiations5 CARIFORUM States to examine national law, regulations, procedures and practices for compliance, and enact new or amend existing legislation to give effect to the commitments set out in Article 175. CARIFORUM States to examine the scope for harmonization of the process within the CSME (and CARIFORUM). National and Regional Opening of tenders and CARIFORUM States to ensure that their procuring entities employ the By 1 January 2011. awarding of contracts. procedures Set out in Article 176 when opening tenders and for the (Article 176) award of contract6. CARIFORUM States are to ensure that tenders solicited under open or selective procedures are received and opened under procedures and conditions that guarantee the fairness and transparency of the process. CARIFORUM States are to ensure that awards are made in accordance with the criteria and essential requirements specified in the notice of the intended procurement or tender documentation. CARIFORUM States to examine national law, regulations, procedures and practices for compliance, and enact new or amend existing legislation to give effect to the commitments set out in Article 176. CARIFORUM States to examine the scope for harmonization of the process within the CSME (and CARIFORUM). 5 Similar requirements exist within the Draft Framework Regional Policy. Third Draft Framework Policy , para 101 page 40 6 Similar requirements exist within the Draft Framework Regional Policy. Third Draft Framework Policy , para 161-170, pages 60-62 39
  • 46. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Action to be taken e.g. Policy, Actions to be Taken on National Implementation Timeline Legal, Institutional or Regional Levels National and Regional Information on Contract CARIFORUM States to ensure that their procuring entities provide for By 1 January 2011. Rewards. effective dissemination of the results of government procurement (Article 177) processes; promptly inform suppliers of decisions regarding the award of contract; upon request, inform any eliminated supplier of the reasons for tender rejection; and publish a notice in the appropriate paper or electronic media. CARIFORUM States to examine national law, regulations, procedures and practices for compliance, and enact new or amend existing legislation to give effect to the commitments set out in Article 177. CARIFORUM States to examine the scope for harmonization of the process within the CSME (and CARIFORUM). National and Regional Time Limits. CARIFORUM States to employ the procedures set out in Article 178 By 1 January 2011. (Article 178) when determining any time limits to be applied to procurement covered by the Agreement7. CARIFORUM States to examine national laws, regulations, procedures and practices for compliance, and enact new or amend existing legislation to give effect to the commitments set out in Article 178. CARIFORUM States to examine the scope for harmonization of the process within the CSME (and CARIFORUM). National and Regional Bid Challenges CARIFORUM States to examine national law, regulations, procedures By 1 January 2011. Refers to supplier and practices for compliance, and enact new or amend existing challenges procedures legislation to give effect to the commitments set out in Article 179 with (Article 179) respect to supplier challenges procedures. 7 Similar requirements exist within the Draft Framework Regional Policy. Third Draft Framework Policy , para 124-130, pages 50-51 40
  • 47. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Action to be taken e.g. Policy, Actions to be Taken on National Implementation Timeline Legal, Institutional or Regional Levels CARIFORUM States to examine the scope for harmonization of the process within the CSME (and CARIFORUM). Joint Declaration on Development Cooperation Regional Establishment and role Development of modalities for operationalization of CARICOM Regional By 1 January 2011. of a Regional Development Fund. Development Fund. CARICOM States implementing this element of the Declaration [which anticipates the establishment of a CARIFORUM Regional Development Fund] to ensure the integrity of the CARICOM Regional Development Fund is maintained. BY THE 31ST DECEMBER 2011: Issue Areas Action to be taken e.g. Policy, Actions to be Taken on National Implementation Timeline Legal, Institutional or Regional Levels Title I: Trade In Goods Chapter 1: Customs Duties (Articles 9-22) National Elimination of customs Guyana and Suriname are to amend National Legislation so as to By 15 October 2011. duties on originating eliminate Export Duties on originating Goods. exports in CARIFORUM States. (Article 14: Export Duties) Title I: Trade In Goods Chapter 4: Customs and Trade Facilitation (Articles 29-36) Regional Introduction of a single CARIFORUM States to engage in technical and policy discussions Joint review of progress by administrative document related to introduction of a single SAD. 29 December 2011. (SAD) across CARIFORUM. (Article 31:2 (c)) 41
  • 48. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Action to be taken e.g. Policy, Actions to be Taken on National Implementation Timeline Legal, Institutional or Regional Levels Title I: Trade In Goods Chapter 5: Agriculture and Fisheries (Articles 37-43) National and Regional Objectives and Enabling Drafting of regional policy w.r.t the sustainable exploitation, conservation By 31 December 2011. Policies and management of marine resources. (to increase agricultural and fisheries Completion of the Common Fisheries Regime and Policy (CFPR). competitiveness). (Articles 37 and 39) Drafting of the harmonized enabling legislation framework in the area of fisheries. Modernisation of Fisheries related Legislation. Strengthening compliance with health and national, regional and international technical, quality standards for fish and fish products. Enactment of model Legislation by Member States. Title II: Investment, Trade In Services and E-Commerce Chapters 1-5: Investment and Trade In Services (Articles 60 – 118) Chapter 5 – Regulatory Framework Mutual Recognition CARIFORUM States to encourage the relevant professional bodies to No later than 31 December (Article 85) start negotiations in order to jointly develop and provide 2011. recommendations on mutual recognition, among others, in the disciplines of accounting, architecture, engineering and tourism, to the CARIFORUM-EC Trade and Development Committee. The CARICOM and CARIFORUM Secretariats to provide negotiating support when necessary to the professional bodies as well as facilitate the commencement of negotiation through appropriate lobbying efforts in Europe. 42
  • 49. Draft Reworked Roadmap-15 May 2009 (X) BY THE 31ST DECEMBER 2012: Issue Areas Action to be taken e.g. Policy, Actions to be Taken on National Implementation Timeline Legal, Institutional or Regional Levels Title I: Trade In Goods Chapter 5: Agriculture and Fisheries (Articles 37-43) National and Regional Cooperation. Determination by CARIFORUM States of development priorities for the By the end of 2012. (Article 43) agricultural, food and fisheries sectors, as well as the Strategies geared at improving the competitiveness (inclusive of downstream processing) and export in respect of trade with the EC. Development of the domestic and regional export marketing capabilities through the conduct of EC export market research: - identification of commodities with comparative/competitive advantage; - conduct of feasibility studies; products for downstream processing; - enterprise and industry development. Development of policy and implementation plan in respect of compliance with and adoption of quality standards. Development of Agricultural Health and Food Safety systems and infrastructure relating to food production and marketing including standards relating to environmentally and socially sound agricultural practices and organic and non-genetically modified foods. CARIFORUM States to improve the ability of domestic operators to comply with national, regional and international technical, health and quality standards for food, fish and fish products, through, inter alia, enacting legislation to give effect to agriculture and fisheries related policy with respect to adoption of quality standards and Agricultural. 43
  • 50. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Action to be taken e.g. Policy, Actions to be Taken on National Implementation Timeline Legal, Institutional or Regional Levels BY THE 31ST DECEMBER 2013: Issue Areas Action to be taken e.g. Policy, Actions to be Taken on National Implementation Timeline Legal, Institutional or Regional Levels Title II: Investment, Trade In Services and E-Commerce Chapters 1-5: Investment and Trade In Services (Articles 60-118) National and Regional Future Liberalization. CARIFORUM States to conduct national consultations to identify new By the end of 2013. (Article 62) sectors for liberalization and the conditions under which the services will be provided from the EU. CARIFORUM States, with the assistance of the CARICOM and CARIFORUM Secretariats to undertake Assessments of impact of existing liberalization. Relevant Ministries in CARIFORUM States to finalize policy on sectors to further liberalize and conditions under which they will be liberalized. National Application Related CARIFORUM States to identify and list all legislative changes necessary By the end of 2013. Issues. to facilitate trade in services in the proposed sectors. (Articles 62, 63 and 70). Title IV: Trade Related Matters Competition (Articles 125-130) National and Regional Implementation. CARIFORUM States to enact legislation addressing restrictions on By the end of 2013. (Article 127) competition within their jurisdiction, and establish Competition Authorities. (Within Five years of coming into force of Agreement) CARIFORUM States to establish competition authorities and other bodies referred to in Article 125(1). 44
  • 51. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Action to be taken e.g. Policy, Actions to be Taken on National Implementation Timeline Legal, Institutional or Regional Levels CARIFORUM States to give effect to the provisions of the CARIFORUM- EC EPA governing the exchange of information and enforcement of cooperation by each Competition Authority. (Article 128) CARICOM Competition Commission to be operational. The following CARICOM Member States must complete the legislative work necessary to give full effect to Chapter 8 of the Revised Treaty of Chaguaramas – i all OECS Member States ii Belize iii Trinidad and Tobago iv Suriname Jamaica must ensure its competition laws provide for the CARICOM Competition Commission to exercise all powers and functions set out in the Revised Treaty of Chaguaramas. CARICOM to complete all outstanding work to ensure effective operation of CARICOM Competition Commission. National competition authorities to be established in the OECS, Belize, Suriname. Completion of work to establish national commissions in Guyana and Trinidad and Tobago. Jamaica to ensure effective functioning of national commission in its investigative and adjudicative capacities. While EPA Agreement refers to CARICOM Commission, the interrelationship of national and Community competition authorities means that national commissions must also be in place for effective functioning of CARICOM Commission. 45
  • 52. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Action to be taken e.g. Policy, Actions to be Taken on National Implementation Timeline Legal, Institutional or Regional Levels Structure of authorities and relevant budget for national commissions to be determined/agreed and financing identified for capital and recurrent expenditure. Public enterprises and CARIFORUM States to progressively adjust, without prejudice to their By the end of 2013. enterprises entrusted obligations under the WTO Agreement, any State monopolies of a with special or exclusive commercial nature or character, so as ensure that no discrimination rights including regarding the conditions under which goods and services are sold or designated monopolies. purchased exists between goods and services originating in the EC (Article 129) Party and those origination in the CARIFORUM States or between nationals of the Member States of the European Union and those of the CARIFORUM States, unless such discrimination is inherent in the existence of the monopoly in question. CARIFORUM States to inform the CARIFORUM-EC Trade and Development Committee of measures adopted to progressively adjust State monopolies of a commercial nature. CARIFORUM States to amend national laws as deemed necessary. The CARICOM Secretariat to undertake inventory to determine whether Member States’ laws are consistent provisions of the Agreement in respect of monopolies and public enterprises. The CARICOM Secretariat to review language of Article 94 of Revised Treaty to ensure consistency with provisions of Chapter 1 of Title IV (Competition) of the CARIFORUM-EC EPA; clarify that public undertakings fall squarely under the competition rules as evinced by the definition of enterprises in Article 1 of the Revised Treaty. 46
  • 53. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Action to be taken e.g. Policy, Actions to be Taken on National Implementation Timeline Legal, Institutional or Regional Levels Title IV: Trade Related Matters Chapter 2: Innovation and Intellectual Property, Section 1: Innovation (Articles 131-138) National and Regional Innovation. CARIFORUM States to consider the establishment of National By 1 January 2014. (Articles 133-138) Innovation Systems and Networks. Establishment of Regional Innovation Systems and Innovation Networks. Development of a Compendium of European Union Innovation Support Programmes. Title IV: Trade Related Matters Section 2: Intellectual Property (Articles 131-132 and 139-164) National Ensure an adequate and CARIFORUM States to review and as necessary update legislation. By 1 January 2014. effective implementation of the TRIPS Agreement. (Article 139) National and Regional Regional Integration- to Harmonization of IPR laws is ongoing within CARICOM. Rev. Treaty General Implementation of include - provides for regional management and administration, except for the provisions of this Section - harmonization of IPR copyright –EPA more extensive and includes the DOMINICAN by 2014 (Article 139.4). laws and regulations; REPUBLIC (DR). - regional management and enforcement of Actions- national IPR; i Policy decision re; type of regional IPR administration (single regional -creation and rights, mutual recognition of national rights, or a mixture etc); management of ii Intergovernmental Agreement to establish regional system for all IPRs; regional IPR. iii Implementing legislation. (Article 141) 47
  • 54. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Action to be taken e.g. Policy, Actions to be Taken on National Implementation Timeline Legal, Institutional or Regional Levels National and Regional General Implementation of Trademarks. CARIFORUM States “shall endeavour to accede” to Rome Convention the provisions of this Section (Article 144) for the Protection of Performers, Producers (1961). Barbados, by 1 January 2014 (Article Dominica, Dominican Republic (DR), Jamaica, Saint Lucia are 139.4). already Parties. General Implementation of CARIFORUM States, with the exception of Barbados, Dominica, the the provisions of this Section Dominican Republic, Jamaica and St. Lucia to undertake accession and by 1 January 2014 (Article enact the requisite legislation. 139.4). National and Regional General Implementation of CARIFORUM States “shall endeavour to apply” Joint Recommendations the provisions of this Section from the Council under the Paris Convention for the Protection of by 1 January 2014 (Article Industrial Property. 139.4). All CARIFORUM States are party to the Paris Convention. However, legislation must be reviewed for compliance with the parent Convention as well as the Recommendations. National and Regional CARIFORUM States “shall endeavour to accede” to” Protocol Relating to General Implementation of the Madrid Agreement on International Registration of Marks (1989). the provisions of this Section Antigua and Barbuda is the only party to this Protocol. by 1 January 2014 (Article 139.4). CARIFORUM States, with the exception of Antigua and Barbuda to undertake accession and enact the requisite legislation. National and Regional General Implementation of CARIFORUM States “shall endeavour to accede to” revised Trademark the provisions of this Section Law Treaty (2006). The Dominican Republic and Trinidad and Tobago by 1 January 2014 (Article are party to the original Treaty. 139.4) CARIFORUM States which have not acceded to the revised Trade Mark General Implementation of Treaty (2006) to undertake accession and enact the requisite legislation. the provisions of this Section by 1 January 2014 (Article 139.4) 48
  • 55. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Action to be taken e.g. Policy, Actions to be Taken on National Implementation Timeline Legal, Institutional or Regional Levels National and Regional Geographical Indicators. CARIFORUM States to establish a system of protection of GI by 1 General Implementation of (Article 145) January 2014. the provisions of this Section by 1 January 2014 (Article CARIFORUM States “shall endeavour to apply” Joint Recommendation 139.4). concerning the protection of marks, and other industrial property rights in signs, on the internet (WIPO, 36th Meeting October 2001). National and Regional Patents. CARIFORUM States “shall accede to” Patent Cooperation Treaty (1970). General Implementation of (Article 147) Antigua/Barbuda, Barbados, Belize, Dominica, DOMINICAN the provisions of this Section REPUBLIC (DR), Grenada, St Kitts/Nevis, Saint Lucia, St Vincent by 1 January 2014 (Article and the Grenadines, Trinidad and Tobago are party. 139.4). CARIFORUM States which have not acceded to the Patent Cooperation Treaty (1970) to undertake accession and enact the requisite legislation. National and Regional General Implementation of CARIFORUM States “shall accede to” Budapest Treaty on deposit of the provisions of this Section micro-organisms (1977). by 1 January 2014 (Article 139.4). Protection of plant National varieties; CARIFORUM States “shall consider acceding to” UPOV. A few General Implementation of Reserve the right to CARIFORUM States may have legislation on protection of plant varieties the provisions of this Section provide exceptions to and The Dominican Republic and Trinidad and Tobago are party to by 1 January 2014 (Article exclusive rights so UPOV. 139.4). farmers may save seeds. CARIFORUM States which have not acceded to UPOV to undertake (Article 149) accession and enact the requisite legislation. National Genetic resources, CARIFORUM States to ensure protection within domestic legislation. General Implementation of traditional knowledge the provisions of this Section and folklore. CARIFORUM States to exchange views and information on WIPO and by 1 January 2014 (Article WTO discussion, then review this Article after the results of the 139.4). multilateral discussions 49
  • 56. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Action to be taken e.g. Policy, Actions to be Taken on National Implementation Timeline Legal, Institutional or Regional Levels National and Regional Enforcement of IPR. CARIFORUM States to implement comprehensive provisions relating to General Implementation of (Articles 151-163) the administrative and legal requirements for enforcement system to be the provisions of this Section implemented. by 1 January 2014 (Article 139.4). CARIFORUM States to review existing legislation develop harmonized legislation and accede to Treaties and Conventions. Title IV: Trade Related Matters Chapter 3: Public Procurement (Articles 165-182) National Scope: Designation of CARIFORUM States to give effect to the Agreement under domestic law, By the end of 2013. Procuring Agencies in designating the agencies that are listed in Annex VI as operating under (Antigua and Barbuda, CARIFORUM States. the Agreement. Belize, Dominica, Grenada, (Article 167, para 1) Haiti, St. Kitts and Nevis and St Vincent and the Grenadines shall benefit from an implementation period of five years.) National and Regional By the end of 2013. Scope: Threshold value CARIFORUM States to give effect to the Agreement with regard to (Antigua and Barbuda, for designated entities procurement entities listed in Annex VI and in respect of procurements Belize, Dominica, Grenada, under the Agreement - above the thresholds set out in the Annex, under domestic law. Haiti, St. Kitts and Nevis Supplies – SDR155,000 and St Vincent and the Services – SDR155,000 Grenadines shall benefit Works – SDR6,500,000. from an implementation (Article 167, para 1) period of five years.) 50
  • 57. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Action to be taken e.g. Policy, Actions to be Taken on National Implementation Timeline Legal, Institutional or Regional Levels National By the end of 2013. Transparency of CARIFORUM States to conduct legal assessment of domestic Public (Antigua and Barbuda, Procurement and Procurement and reform of existing practices and procedures to ensure Belize, Dominica, Grenada, ensuring open and transparency of procurement and open effective competition. Haiti, St. Kitts and Nevis effective competition. and St Vincent and the (Article 167, para 2) Grenadines shall benefit from an implementation period of five years.) National and Regional Ensuring no less CARIFORUM States to develop national policy and legal frameworks i.e. By the end of 2013. favourable and non- enactment and/or amendment legislation to give effect to the (Antigua and Barbuda, discriminatory treatment commitments enshrined in Article 167:2, to ensure no less favourable Belize, Dominica, Grenada, for CARIFORUM and non-discriminatory treatment for EC suppliers as specified. Haiti, St. Kitts and Nevis suppliers and for EC and St Vincent and the suppliers as specified. CARIFORUM States to make a determination on extent of best Grenadines shall benefit (Article 167, para 2a) endeavour. from an implementation period of five years.) CARIFORUM States to undertake creation and reform inter alia, of public procurement practices, procedures, decision-making and organization. National and Regional Transparency of CARIFORUM States to promptly publish any law, regulation, judicial By the end of 2013. government decision and administrative ruling of general application and procedures, (Antigua and Barbuda, procurement. as well as individual procurement opportunities in the appropriate Belize, Dominica, Grenada, (Article 168, para 1) publications. Haiti, St. Kitts and Nevis and St Vincent and the CARIFORUM States to strengthen national capabilities. (Article 168, Grenadines shall benefit para 1) from an implementation period of five years.) CARIFORUM States to ensure that their procuring entities provide for effective dissemination of the tendering opportunities. 51
  • 58. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Action to be taken e.g. Policy, Actions to be Taken on National Implementation Timeline Legal, Institutional or Regional Levels National and Regional (Article 168, para 2) CARIFORUM States to develop mechanisms for dissemination. (Article By the end of 2013. 168, para 2) (Antigua and Barbuda, Belize, Dominica, Grenada, CARIFORUM States to review tender documentation procedures for Haiti, St. Kitts and Nevis compliance and ensure that tender documentation provided to suppliers and St Vincent and the contain all information necessary to permit them to submit responsive Grenadines shall benefit tenders. (Article 168, para 2 (a)) from an implementation period of five years.) CARIFORUM States to review regulations and rules to include the information to be contained within tender notices. (Article 168, para 2 (a)). National and Regional By the end of 2013. (Article 168, para 2 (b)) CARIFORUM States to ensure that entities that do not offer free direct (Antigua and Barbuda, access to the entire tender documents and any supporting documents by Belize, Dominica, Grenada, electronic means, make promptly available the tender documentation at Haiti, St. Kitts and Nevis the request of any eligible supplier of the Parties and St Vincent and the Grenadines shall benefit CARIFORUM States to institute the mechanisms to promptly provide the from an implementation tender documentation. period of five years.) National and Regional (Article 168, para 3, 4 CARIFORUM States to examine tender procedures for compliance and By the end of 2013. and 5) ensure that for each procurement covered, procuring entities shall (Antigua and Barbuda, publish in advance a notice of intended procurement. Belize, Dominica, Grenada, Haiti, St. Kitts and Nevis and St Vincent and the Grenadines shall benefit from an implementation period of five years.) 52
  • 59. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Action to be taken e.g. Policy, Actions to be Taken on National Implementation Timeline Legal, Institutional or Regional Levels National and Regional Methods of Procurement CARIFORUM States to examine tender procedures for compliance and By the end of 2013. (Article 169 ensure procuring entities specify methods of procurement in the tender (Antigua and Barbuda, notice or tender documents. (Article 169, para. 1) Belize, Dominica, Grenada, Haiti, St. Kitts and Nevis CARIFORUM States to examine of national procedures on limited and St Vincent and the tendering and ensure that laws and regulations clearly prescribe the Grenadines shall benefit conditions under which limited8 tendering methods may be used. from an implementation (Article 169, para 2) period of five years.) CARIFORUM States to examination of T protocols used for E procurement, and either existing amend or enact new legislation to ensure procuring entities adhere to the conditions set out in Article 169.3 when conducting procurement by electronic means. National and Regional Selective Tendering. CARIFORUM States to examine national law and regulations amend By the end of 2013. (Article 170) existing or enact new legislation to ensure that procuring entities adhere (Antigua and Barbuda, to the tendering procedures set out in Article 170:1, 2, and 3, when Belize, Dominica, Grenada, utilizing selective tendering procedures. Haiti, St. Kitts and Nevis and St Vincent and the Grenadines shall benefit from an implementation period of five years.) National Limited Tendering. CARIFORUM States to examine national laws, regulations and By the end of 2013. (Article 171) procedures, amend existing or enact new legislation to ensure that (Antigua and Barbuda, procuring entities implement the practices and procedures outlined in Belize, Dominica, Grenada, Article 171:1, 2, with regard to the circumstances under which Haiti, St. Kitts and Nevis signatories may employ limited tendering procedures. and St Vincent and the Grenadines shall benefit from an implementation 8 Definition clarification - The Framework Regional Policy, Third Draft refers to “Requests for Quotation” while the EPA Chapter refers to “Limited Tendering” as the same concept. 53
  • 60. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Action to be taken e.g. Policy, Actions to be Taken on National Implementation Timeline Legal, Institutional or Regional Levels period of five years.) National and Regional Technical CARIFORUM States to examine national tender documentation By the end of 2013. Specifications. preparation and authorization procedures for compliance with the (Antigua and Barbuda, (Article 173) practices and procedures outlined in Article 173:1, 2, i.e. that procuring Belize, Dominica, Grenada, entities to ensure that technical specifications are set out in tender Haiti, St. Kitts and Nevis notices AND that the procuring entities shall not seek or accept advice and St Vincent and the that would have the effect of precluding competition in the preparation or Grenadines shall benefit adoption of technical specifications. from an implementation period of five years.) CARIFORUM States to examine national tender documentation preparation and authorization procedures for compliance Article 173: 3, i.e. to ensure that procuring entities specify technical requirements in terms of performance and functional requirements based on international standards where they exist or national standards otherwise. National and Regional Qualifications of CARIFORUM States to examine national laws, regulations and By the end of 2013. Suppliers. procedures, amend existing or enact new legislation to ensure that (Antigua and Barbuda, (Article 174) procuring entities implement the practices and procedures outlined in Belize, Dominica, Grenada, Article 174:1,2,3 with regard to pre-qualification procedures. Haiti, St. Kitts and Nevis and St Vincent and the CARIFORUM States to examine national laws, regulations and Grenadines shall benefit procedures, amend existing or enact new legislation to ensure that from an implementation procuring entities employ the procedures set out in Article 174:5,6 when period of five years.) maintaining a multi-use list. CARIFORUM States to examine national laws, regulations and procedures, amend existing or enact new legislation to ensure that procuring entities examine and accept a non-qualified supplier’s requests for participation, unless due to the complexity of the procurement the entity is not able to complete the examination of the request. (Article 174, para 7) 54
  • 61. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Action to be taken e.g. Policy, Actions to be Taken on National Implementation Timeline Legal, Institutional or Regional Levels National By the end of 2013. Negotiations. CARIFORUM States to examine national laws, regulations and (Antigua and Barbuda, (Article 175) procedures, amend existing or enact new legislation to ensure that Belize, Dominica, Grenada, procuring entities conduct negotiations given defined conditions and the Haiti, St. Kitts and Nevis procedures that shall be employed to govern the negotiations. (Article and St Vincent and the 175, para 1 and 2) Grenadines shall benefit from an implementation period of five years.) National By the end of 2013. Opening of tenders and CARIFORUM States to examine law and regulations for compliance and (Antigua and Barbuda, awarding of contracts. ensure that procuring entities adhere to the procedures to be employed Belize, Dominica, Grenada, (Article 176) when opening tenders and the award of contract set out in Article 176:1, Haiti, St. Kitts and Nevis 2. and St Vincent and the Grenadines shall benefit from an implementation period of five years.) National Information on contract CARIFORUM States to examine national laws, regulations and By the end of 2013. award. procedures (for compliance), amend existing or enact new legislation to (Antigua and Barbuda, (Article 177) ensure that procuring entities provide for effective dissemination of the Belize, Dominica, Grenada, results of government procurement processes; promptly inform suppliers Haiti, St. Kitts and Nevis of decisions regarding the award of contract; upon request, inform any and St Vincent and the eliminated supplier of the reasons for tender rejection; and publish a Grenadines shall benefit notice in the appropriate paper or electronic media. (Article 177:1,2,3 from an implementation and 4.) period of five years.) National Time Limits. CARIFORUM States to examine national laws, regulations, procedures By the end of 2013. (Article 178) and practices for compliance, and enact new or amend existing (Antigua and Barbuda, legislation to provide for effective dissemination of the results of Belize, Dominica, Grenada, government procurement processes; promptly inform suppliers of Haiti, St. Kitts and Nevis decisions regarding the award of contract; upon request, inform any and St Vincent and the eliminated supplier of the reasons for tender rejection; and publish a Grenadines shall benefit notice in the appropriate Article 178:1,2 and 3. from an implementation period of five years.) 55
  • 62. Draft Reworked Roadmap-15 May 2009 (X) Issue Areas Action to be taken e.g. Policy, Actions to be Taken on National Implementation Timeline Legal, Institutional or Regional Levels CARIFORUM States to implement the practices and procedures outlined in Article. National Bid Challenges. CARIFORUM States to examine national law, regulations, procedures By the end of 2013. (Article 179) and practices for compliance, and enact new or amend existing (Antigua and Barbuda, legislation to give effect to the commitments set out in Article 179, with Belize, Dominica, Grenada, respect to supplier challenges procedures. Haiti, St. Kitts and Nevis and St Vincent and the CARIFORUM States to examine national law, regulations, procedures Grenadines shall benefit and practices for compliance, and enact new or amend existing from an implementation legislation to ensure that challenge procedures shall provide for effective period of five years.) rapid interim measures to correct breaches of the domestic measures (i.e. practices and procedures governing tribunals for disputes and delivering of remedies) in implementing the CARIFORUM-EC EPA Public Procurement Chapter, Article 179:4. Part VI – General and Final Provisions (Articles 233-250) Regional preference. Between Haiti and the Dominican Republic (DR) with respect to all other By the end of 2013. (Article 238) products specified in Annex 2 of Chapter 1 of Title I and provisions of (Not before five years of (Investment, Trade in Services and E-Commerce). the date of signature (15 October 2008) of the EPA.) 56
  • 63. Draft Reworked Roadmap-15 May 2009 (X) BY THE 31ST DECEMBER 2014: Issue Areas Action to be taken e.g. Policy, Actions to be Taken on National Implementation Timeline Legal, Institutional or Regional Levels Title IV: Trade Related Matters Competition (Articles 125-130) Regional Implementation Review the operation of Chapter 1 of Title IV (Competition) of the By the end of 2014. (Article 127) CARIFORUM-EC EPA after a confidence-building period between their (Six years following the Competition Authorities. coming into operation of Article 128.) 57
  • 64. Draft Reworked Roadmap-15 May 2009 (X) BY THE 31ST DECEMBER 2015: Issue Areas Action to be taken e.g. Policy, Actions to be Taken on National Implementation Timeline Legal, Institutional or Regional Levels Title I: Trade In Goods Chapter 1: Customs Duties (Articles 9-22) National Arrangements with CARIFORUM States may retain the application of ODCs for seven (7) Phasing out of ODCs from respect to other duties years, then phase them out over the next 3 years. 2016 to 2018. and charges (ODCs). (Article 16.3) CARIFORUM States to enact legislation providing for phase out of ODCs currently being applied. Title I: Trade In Goods Chapter 5: Agriculture and Fisheries (Articles 37-43) National and Regional Regional Integration. CARIFORUM States to develop policy regime and regulatory framework By 31 December 2015. (Article 38) for removal of barriers to agriculture, food and fisheries trade. CARICOM Secretariat to conduct of stakeholder consultations and coordination with relevant Ministries in CARICOM Member States. Title IV: Trade Related Matters Chapter 6: Protection of Personal Data (Articles 197-201) National and Regional General Objective: Establish appropriate legal and regulatory regimes and administrative capacity, As soon as possible, no later Principles of personal including independent supervisory authorities - than 7 years after the entry data protection. - policy decisions into force of the EPA. (Article 197) - legislation (Article 1(2)) - possible regional agreement to establish regional system alongside APIS - administrative mechanism and institutions Coherence with National and Regional International CARIFORUM States shall inform EC Party about international commitments As soon as possible, no later commitments. or arrangements with third countries or any obligation they may be subject to, than 7 years after the entry (Article 200) re: processing or transferring of personal data. into force of the EPA. (Implications for APIS) (Article 1(2)) 58
  • 65. Draft Reworked Roadmap-15 May 2009 (X) BY THE 31ST DECEMBER 2021: Issue Areas Action to be taken e.g. Policy, Actions to be Taken on National Implementation Timeline Legal, Institutional or Regional Levels Title IV: Trade Related Matters Section 2: Intellectual Property (Articles 131-132 and 139-164) National and Regional Regional Integration WTO Least Developed (Article 141) CARIFORUM States to examine the scope for - Countries (Haiti) by 2021 in accordance with TRIPS/WTO - harmonization of IPR laws and regulations; for Sub-Section 1 - regional management and enforcement of national IPR; (Article 140) - creation and management of regional IPR. Harmonization of IPR laws is ongoing within CARICOM. Rev. Treaty provides for regional management and administration, except for copyright –EPA more extensive and includes the Dominican Republic (DR). Actions - - Policy decision re: type of regional IPR administration (single regional rights, mutual recognition of national rights, or a mixture etc) - Intergovernmental Agreement to establish regional system for all IPRs. - Implementing legislation. 59
  • 66. Draft Reworked Roadmap-15 May 2009 (X) OTHER Issue Areas Action to be taken e.g. Policy, Actions to be Taken on National Implementation Timeline Legal, Institutional or Regional Levels Title IV: Trade Related Matters Chapter 3: Public Procurement (Articles 165-182) Scope. CARIFORUM States to examine the types of goods and services which To be determined by the (Article 167 A, paras. may be covered by the provision as well as harmonization of policy. contracting parties within the 2 (a) and 2(b)) framework of the Joint CARIFOPRUM States to endeavour to supporting the creation of CARIFORUM-EC Council. regional procurement markets, ensuring treatment no less favorable treatment to any supplier established in any CARIFORUM State, including its procuring entities, than that accorded to domestic goods, services and suppliers. National Scope. CARIFORUM States are required not to choose a valuation method, or To be determined by the (Article 167 (B)) divide a procurement, with the aim of avoiding the application of the contracting parties within the obligation of the Competition Chapter of the CARIFORUM-EC EPA. framework of the Joint CARIFORUM-EC Council. CARIFORUM States to ensure that Valuation Rules take into account all valuation methods that take into account all forms of remunerations including premiums, fees, commissions and interests CARIFORUM States to amend legislation to reflect the valuation method. ►▼◄ 60