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

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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

  1. 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. 2. Draft Reworked Roadmap-15 May 2009 (X)
  3. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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

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