Protocol Amending the Treaty Establishing the Caribbean Community
(Protocol IV: Trade Policy)
PREAMBLE:
The Parties to the Treaty Establishing the Caribbean Community (hereinafter
referred to as "the Member States");
Determined to continue the deepening of regional integration
through the creation of a Single Market and Economy;
Convinced that participation in international trade and
access to international investment are essential for regional economic
development and for enhancing the quality of life of the peoples of the
Community;
Conscious that a fully integrated and liberalised internal
market will create favourable conditions for sustained, market-led production of
goods on an internationally competitive basis;
Mindful that co-operation and joint action in developing
trade relations with third States and in establishing appropriate regulatory and
administrative procedures and services are essential for the development of the
international and intraregional trade of Member States,
Have agreed as follows:
ARTICLE I: Use of Terms
-
In this Protocol unless the context
otherwise requires:
"Community" includes the
Caribbean Single Market and Economy to be established by the Protocols amending
or replacing the Caribbean Common Market Annex to the Treaty, as amended by
Protocol I;
"Community Origin" means origin
which complies with the Rules of Origin set out in Article VIII;
"the Competent Authority" means
the Minister of Government so designated by a Member State;
"the Council for Finance and Planning" means
the Organ of the Community so named in Article 6(2)(d) of the Treaty, as amended
by Protocol I;
"the Council for Trade and Economic
Development" means the Organ so named in Article 6(2)(b) of the
Treaty, as amended by Protocol I;
"the Legal Affairs Committee"
means the subsidiary body so named in Article 10(1) of the Treaty;
"Secretary-General" means the
Secretary-General of the Community;
"Treaty" means the Treaty
establishing the Caribbean Community signed at Chaguaramas on the 4th day of
July 1973 and includes any amendments thereto which take effect either
provisionally or definitively (herein referred to as "the Treaty").
In this Protocol a reference to Protocol I is a
reference to the Protocol amending the Treaty and signed at Antigua and Barbuda
on 19 February, 1997.
The provisions of this Protocol shall replace Article 61, Chapter 3 except
Articles 19 and 30 and Chapter 4 and the schedules to the Caribbean Common
Market Annex to the Treaty, and take effect as hereinafter provided.
ARTICLE III: Change of Title
Substitute the following for Chapter Three - "Trade
Liberalisation", and Chapter Four - "Common Protective Policy":
"Chapter Three - Trade Policy"
ARTICLE IV: Insert new Article to read as follows:
Article 13: Objectives of the Community Trade Policy
The goal of the Community Trade Policy shall be the sustained growth of
intra-community and international trade and mutually beneficial exchange of
goods and services among Member States and between the Community and third
States.
In fulfilment of the goal set out in paragraph 1 of this Article the
Community shall pursue the following objectives:
full integration of the national markets of all Member States of the
Community into a single unified and open market area;
the widening of the market area of the Community;
the active promotion of export of internationally competitive goods
originating within the Community;
the securing of the most favourable terms of trade for
Community goods
exported to third States and groups of States.
In order to achieve the objectives of its Trade Policy, the Community
shall:
undertake:
the establishment of common instruments, common services and the joint
regulation, operation and efficient administration of the internal and external
commerce of the CARICOM Single Market and Economy;
where possible, the employment of common negotiating strategies in the
development of mutually beneficial trade agreements with third States and groups
of States;
participation and joint representation as appropriate in international
and regional organisations which negotiate, establish and apply disciplines
governing international and regional trade;
prohibit the imposition by Member States of new restrictions on imports
and exports of products of Community origin.
Member States shall eliminate existing restrictions on imports and exports
of goods of Community origin, other than those authorised by this Treaty.
ARTICLE V: Replace Articles 33 and 34 with the
following:
Article 14: Co-ordination of External Trade
Policy
Member States shall co-ordinate their trade policies
with third States or groups of third States.
The Community shall pursue the negotiations of external
trade and economic agreements on a joint basis in accordance with principles and
mechanisms established by the Conference.
Bilateral agreements to be negotiated by Member States
in pursuance of their national strategic interests shall:
be without prejudice to their obligations under the
Treaty; and
prior to their conclusion, be subject to certification
by the CARICOM Secretariat that the agreement does not prejudice or place at a
disadvantage the position of other CARICOM States vis-a-vis the Treaty.
Where trade agreements involving tariff concessions are
being negotiated, the prior approval of the Council for Trade and Economic
Development (COTED) shall be required.
Nothing in this Treaty shall preclude Belize from
concluding arrangements with neighboring economic groupings provided that
treatment not less favourable than that accorded to third States within such
groupings shall be accorded to Member States of the Community, and that the
arrangements make adequate provision to guard against the deflection of trade
into the rest of CARICOM from the countries of such groupings through Belize.
ARTICLE VI: Replace Article 31 with the following:
Article 15: Establishment of Common External Tariff
Member States shall establish and maintain a common external tariff in
respect of all goods which do not qualify for Community treatment in accordance
with plans and schedules set out in relevant determinations of the COTED.
ARTICLE VII: Replace Article 32 with the following:
Article 16: Operation of the Common External Tariff
Any alteration or suspension of the Common External Tariff on any item
shall be decided by the COTED.
Where:
a product is not being produced in the Community;
the quantity of the product being produced in the Community does not
satisfy the demand of the Community; or
the quality of the product being produced in the Community is below the
Community standard or a standard the use of which is authorised by the COTED, the COTED may decide to authorise the reduction or suspension of the Common
External Tariff in respect of imports of that product subject to such terms and
conditions as it may decide, provided that in no case shall the product imported
from third States be accorded more favourable treatment than similar products
produced in Member States.
The authority referred to in paragraph 2 to suspend the Common External
Tariff may be exercised by the Secretary-General on behalf of the COTED during
any period between meetings of the COTED. Any exercise of such authority by the
Secretary-General shall be reported to the next meeting of the COTED.
Each Member State shall, for the purpose of administering the Common
External Tariff, appoint a Competent Authority which shall be notified to the
COTED.
The COTED shall continuously review the Common External Tariff, in whole
or in part, to assess its impact on production and trade, as well as to secure
its uniform implementation throughout the Community, in particular, by reducing
the need for discretionary application in the day to day administration of the
Tariff.
ARTICLE VIII: Replace Article 14 with the following:
Article 17: Community Rules of Origin
Subject to the provisions of this Article, goods that have been consigned
from a Member State to a consignee in another Member State shall be treated as
being of Community origin, where the goods:
have been wholly produced within the Community; or
have been produced within the Community wholly or partly from materials
imported from outside the Community or from materials of undetermined origin by
a process which effects a substantial transformation characterised:
by the goods being classified in a tariff heading different from that in
which any of those materials is classified; or
in the case of the goods set out in the List in Schedule I to this
Protocol (hereinafter referred to as "the List"), only by satisfying
the conditions therefor specified.
Goods that have been consigned from one Member State to a consignee in
another Member State for repair, renovation or improvement shall, on their
return to the Member State from which they were exported, be treated for the
purpose of re-importation only, in like manner as goods which are of Community
origin, provided that the goods are reconsigned directly to that Member State
from which they were exported and the value of materials imported from outside
the Community or of undetermined origin which have been used in the process of
repair, renovation or improvement does not exceed:
in the case where the goods have undergone the process of repair,
renovation or improvement in a More Developed Country, 65 per cent of the cost
of repair, renovation or improvement;
in the case where the goods have undergone the process of repair,
renovation or improvement in a Less Developed Country, 80 per cent of the cost
of repair, renovation or improvement.
Where there is an interruption or inadequacy of supplies of regional
materials and the manufacturer of goods, for which the qualifying condition for
Community origin is that of "wholly produced" or "produced from
regional materials", is unable by reason of circumstances beyond his
control to obtain supplies of the regional materials, he shall so inform the
Competent Authority.
The Competent Authority shall:
after receipt of information from the manufacturer, cause investigations
to be made into the matter, and if he is satisfied that the representation from
the manufacturer is justified, submit to the Secretary-General in the prescribed
instrument an application for a certificate provided for in this Article;
at the time of making the application, inform the other Member States of
the inability of the manufacturer to obtain the supplies of the required
materials from within the Community with respect to quantities and
specifications of the materials sought and the period during which the materials
are required.
The Secretary-General shall, on receipt of the application from the
Competent Authority:
forthwith make the relevant enquiries by the quickest possible means from
the Competent Authorities in the other Member States as to their ability to
supply the materials required by the manufacturer; and
request a reply to the enquiry from each Competent Authority within seven
calendar days of the despatch of his enquiry.
A Competent Authority shall reply to the enquiry referred to in paragraph
5 within the time specified.
Where the Secretary-General, on the basis of his investigations, is
satisfied that the application received from the Competent Authority justifies
favourable consideration, he shall, notwithstanding that he may not have
received a reply to his enquiry from one or more Member States, within fourteen
calendar days after the receipt of the application from the Competent Authority,
issue, on behalf of the COTED, a certificate to the Competent Authority
authorising the use of like materials from outside the Community, subject to
such conditions as he may think fit to impose.
The Secretary-General shall inform Member States of the issue of his
certificate, including any conditions attaching thereto and that notwithstanding
anything to the contrary in the provisions of this Article, goods manufactured
from like materials imported from outside the Community shall be deemed to be of
Community origin.
A Member State may treat as of Community origin any imports consigned from
another Member State, provided that the like imports consigned from any other
Member State are accorded the same treatment. Member States concerned shall
promptly inform the COTED of any trading arrangements concluded pursuant to this
paragraph and the COTED may, as it deems fit, recommend to the Member States
concerned the adoption of alternative trading arrangements.
The provisions of Schedule I shall apply to and have effect for the
purposes of this Article. The COTED shall keep the Schedule and, in particular,
the List under continuous review, and may amend the Schedule in order to ensure
the achievement of the objectives of the Community.
The issue of a certificate in accordance with paragraph 7 shall be
reported by the Secretary-General to the COTED at the Meeting of the COTED next
following the date of issue thereof.
ARTICLE IX: Insert new Article to read as follows:
Article 18: Export Promotion
The COTED shall adopt appropriate measures for the promotion and export of
goods and services.
In the implementation of measures to promote such exports, the COTED shall
give consideration to:
the establishment and maintenance of effective trade information systems
and services;
the design and implementation of trade facilitation programmes including
the conduct of market research and the organisation of trade missions;
co-ordinating and supporting the active participation of Member States in
international trade promotion fora, including trade fairs and exhibitions.
ARTICLE X: Replace Article 15 with the following:
Article 19: General Provisions on Trade Liberalisation
Member States shall establish and maintain a regime for the free movement
of goods and services within the Single Market and Economy.
Each Member State shall refrain from trade policies and practices, the
object or effect of which is to distort competition, frustrate free movement of
goods, or otherwise nullify or impair benefits to which other Member States are
entitled under this Treaty.
Upon the entry into force of this Protocol the Member States shall not
introduce in their territories any new restrictions on imports or exports of
Community origin save as otherwise provided in this Treaty.
ARTICLE XI: Replace Article 20 with the following:
Article 20: Freedom of Transit
Member States shall grant freedom of transit within the Community with
respect to goods and vessels and other vehicles transporting those goods.
For the purpose of paragraph 1 of this Article, transit means the passage
of goods and of vessels and aircraft and vehicles transporting those goods:
through or across the frontier of a Member State;
with or without transhipment, warehousing, breaking bulk or change of
mode of transport, where the passage is only a portion of a journey beginning and terminating
beyond its frontier.
In granting freedom of transit within the meaning of paragraph 2, Member
States:
shall ensure that there are no unnecessary delays or restrictions and
that goods, vessels, aircraft and vehicles transporting those goods are subject
only to charges for transport, handling, and other services rendered;
shall not discriminate based on the flag
of vessels, place of origin, departure, entry, exit or destination or any
circumstance relating to the ownership of goods, vessels, or aircraft or
vehicles;
shall, with respect to regulations, formalities, fees and other service
charges in connection with the transit, ensure that treatment extended to any
Member State is on terms no less favourable than those extended to all other
Member States.
ARTICLE XII: Replace Article 15 with the following:
Article 21: Import Duties
Save as otherwise provided in this Treaty, Member States shall not impose
import duties on goods of Community origin.
Nothing in paragraph 1 of this Article shall be construed to extend to the
imposition of non-discriminatory internal charges on any products or a
substitute not produced in the importing Member State.
For the purposes of this Protocol "import duties" means any tax
or surtax of customs and any other charges of equivalent effect whether fiscal,
monetary or exchange, which are levied on imports except duties notified under
Article XV of this Protocol and other charges which fall within that Article.
This Article does not apply to fees and similar charges commensurate with
the cost of services rendered.
Nothing in paragraph 3 of this Article shall be construed to exclude from
the application of paragraph 1 of this Article any tax or surtax of customs on
any product or a substitute not produced in the importing State.
ARTICLE XIII: Replace Article 18 with the following:
Article 22: Prohibition of Export Duties
Member States shall not apply any export duties on goods of Community
origin traded within the Community.
Nothing in this Article shall prevent a Member State from taking such
measures as are necessary to prevent evasion of export duties which are applied
to products destined for export outside of the Community where such products are
re-exported through another Member State.
For the purposes of this Article, "export duties" means any
duties or charges with equivalent effect imposed on or in connection with the
exportation of goods.
ARTICLE XIV: Replace Article 16 with the following:
Article 23: Export Drawback
Each Member State may refuse to treat as of Community origin goods which
benefit from export drawback allowed by Member States. In applying this
paragraph, each Member State shall accord the same treatment to such goods
consigned from all other Member States.
Whenever a Member State intends to apply an export drawback within the
meaning of paragraph 6, it shall notify the COTED.
The Member State shall, at the time of notification, set out the
circumstances which justify the need to apply an export drawback, the products
which will benefit therefrom, the nature and proposed duration of the measures,
and such other information as the COTED may prescribe from time to time.
The COTED shall give its earliest consideration to the notification
referred to in paragraph 3 and make a determination of the appropriateness of
the measures and, if it is not satisfied, may recommend that the Member State
which intends to apply an export drawback, modify the programme.
The COTED shall review annually all export drawback programmes maintained
by Member States.
For the purposes of this Article -
'export drawback' means any arrangement for the refund or remission,
wholly or in part, of import duties applicable to imported materials: provided
that the arrangement, expressly or in effect, allows refund or remission if
certain goods or materials are exported, but not if they are retained for home
use;
'remission' includes exemption for materials brought into free ports and
other places which have similar customs privileges;
'duties' means:
all charges on or in connection with importation, except fiscal charges
to which Article XV of this Protocol applies; and
any protective element in such fiscal charges;
'materials' shall have the meaning assigned to it in Rule I of Schedule I
to this Treaty.
ARTICLE XV: Replace Article 17 with the following:
Article 24: Internal Taxes and Other Fiscal Charges
Save as otherwise provided in this Treaty, Member States shall not:
apply directly or indirectly to imported goods of Community origin any
fiscal charges in excess of those applied directly or indirectly to like
domestic goods, or otherwise apply such charges so as to protect like domestic
goods; or
apply fiscal charges to imported goods of Community origin of a kind
which they do not produce, or which they do not produce in substantial
quantities, in such a way as to protect the domestic production of substitutes
which enter into direct competition with them and which do not bear, directly or
indirectly, in the country of importation, fiscal charges of equivalent
incidence.
A Member State shall notify the COTED of all fiscal charges applied by it
where, although the rates of charge, or the conditions governing the imposition
or collection of the charge, are not identical in relation to the imported goods
and to the like domestic goods, the Member State applying the charge considers
that the charge is, or has been made, consistent with sub-paragraph (a) of
paragraph 1 of this Article. Each Member State shall, at the request of any
other Member State, supply information about the application of paragraph I of
this Article.
For the purposes of this Article `fiscal charges' means internal taxes and
other internal charges with equivalent effect on goods.
ARTICLE XVI: Replace Articles 21 and 22 with the following:
Article 25: Quantitative Restrictions
Save as otherwise provided in this Treaty, and in particular Articles XIX,
XX and XXI, and in Schedules II, III and IV, a Member State
shall not apply any quantitative restrictions on the importation of goods
which are of Community origin.
Except where otherwise provided in this Treaty, and particularly in
Articles XX and XXI, and in Schedule III, a Member State shall not apply any
quantitative restrictions on exports to any other Member State.
This Article shall not prevent any Member State from taking such measures
as are necessary to prevent evasion of any prohibitions or restrictions which it
applies to imports from or exports to third States provided that less favourable
treatment is not granted to Member States than to countries outside the
Community.
"Quantitative restrictions" means prohibitions or restrictions
on imports into, or exports from, any other Member State, as the case may be,
whether made effective through quotas, import licences or other measures with
equivalent effect, including administrative measures and requirements
restricting imports or exports.
ARTICLE XVII: Replace Article 29 with the following:
Article 26: Difficulties Occasioned by Particular Imports
Wherever imports of any product including any primary agricultural product
into a Member State cause serious injury or the threat of serious injury to
domestic producers of like or directly competitive products in any industry or
specific sector of any industry, the importing Member State shall be free to
impose restrictions in respect of such product if:
the import of the product in question results in a substantial decrease
in demand for the like or directly competitive product produced within its
jurisdiction; and
the decrease in demand is directly linked to an increase in imports
consigned from another Member State.
Where a Member State decides to exercise its rights under paragraph I, it
may provisionally, until a determination by the COTED is made:
limit imports of the product of Community origin by means of quantitative
restrictions at a rate not less than the rate of such imports during any period of 12 months which ended 12 months
before the date on which the restrictions entered into force;
take such other measures either instead of or in addition to quantitative
restrictions in accordance with sub-paragraph (a) as the COTED may authorise;
In applying the restrictions in accordance with paragraph 2, a Member
State shall not discriminate among the sources of supply or the nationality of
suppliers, and shall give consideration to the proportionate share of the market
previously enjoyed by each Member State;
Where a Member State:
intends to act in accordance with paragraph 2, it shall, prior to taking
such action, enter into consultations with affected Member States and notify the
COTED of that intention and the nature of the action;
is unable to comply with sub-paragraph (a) of this paragraph, it shall,
in taking the action, immediately notify the COTED of the application and the
nature of the action.
The Member State at the time of taking such action in accordance with
paragraph 2 shall submit to the COTED:
such information as is reasonably available, including:
the identity of the producers and the length of time during which the
producers of the like or directly competitive product have been in production;
a complete description of the product and the annual volume of
production;
an estimate of the size by volume of the domestic market, the share by
volume in the domestic market of the domestic product, imports from other Member
States and from third States;
information on changes in the level of sales and employment for the
periods comparable to the periods during which imports have increased; and
any other information as the COTED may from time to time prescribe;
a programme setting out the measures to be taken to assist the domestic
producers to alleviate the difficulties they face and to restore their position
in the domestic market.
The COTED shall give its earliest consideration to the submission made
under paragraph 5, and:
make a determination of the appropriateness of the restrictions and
whether they shall be continued;
where it decides that the restrictions shall be continued, determine the
adequacy of the programme and the period for which the restrictions shall
continue.
Restrictions applied by a Member State pursuant to paragraph 2 shall be
confined to those necessary to forestall a threat of serious injury or otherwise
eliminate injury.
Member States in applying restrictions pursuant to paragraph 2 shall not
discriminate and:
shall progressively relax them as the relevant conditions improve;
may maintain them only to the extent that the conditions mentioned in
paragraph 1 of this Article continue to justify their application.
If a Member State has demonstrated that the imposition of measures by
another Member State under paragraph 2 has caused injury or the threat of
serious injury to domestic producers in its jurisdiction, then the first
mentioned Member State may request consultation with the Member State
maintaining the restrictions and notify the COTED accordingly.
Where the consultations do not result in a mutually agreed solution, the
matter may be referred to the COTED for a determination.
If the COTED is not satisfied that Member States applying restrictions
are acting in accordance with the provisions of paragraph 7, it may recommend to
the Member State adversely affected thereby, alternative arrangements to the
same end.
ARTICLE XVIII: Replace Article 25 with the following:
Article 27: Government Assistance to Economic Development
Except as otherwise provided in this Protocol, a Member State shall not
maintain or introduce:
the forms of assistance to export of goods to any other part of the
Community which are described in Schedule V to this Treaty; or
any other forms of assistance, the main purpose or effect of which is to
frustrate the benefits expected from such removal or absence of duties and
quantitative restrictions as is required by this Treaty.
If the application of any type of assistance by a Member State, although
not contrary to paragraph 1(b) of this Article, nevertheless frustrates the
benefits expected from such removal or absence of duties and quantitative
restrictions as is required by this Treaty, the COTED may authorise any Member
State to suspend, in relation to the Member State which is applying the
assistance, the application of such obligations under this Treaty as the COTED
considers appropriate: provided always that the procedure set out in paragraphs
3 to 5 of Article 11 of the Caribbean Common Market Annex to the Treaty has been
followed.
The COTED may amend the provisions of Schedule V of this Protocol.
ARTICLE XIX: Replace Article 26 with the following:
Article 28: Public Undertakings
Except as otherwise provided in this Treaty, Member States shall ensure
the elimination in the practices of public undertakings of :
measures the effect of which is to afford protection to domestic
production and which would be inconsistent with this Treaty if achieved by means
of a duty or charge with equivalent effect or quantitative restrictions or
Government assistance; or
trade discrimination on grounds of territorial origin in so far as it
frustrates the benefits expected from the removal or absence of such charges,
duties and quantitative restrictions as is required by this Treaty.
In so far as Article XVIII of this Protocol is relevant to the activities
of public undertakings, that Article shall apply to them in the same way as it
applies to other enterprises.
Where a public undertaking has introduced a measure or practice which:
is inconsistent with paragraph 1; or
in law or in effect, results in limiting access to any market, distorts
competition or fair trade, or otherwise nullifies or impairs benefits expected
from the establishment of the Single Market and Economy, then in such a case the aggrieved Member State may request consultations with
the offending Member State and promptly notify the COTED of the request.
The Member State alleged to have introduced a measure or practice within
the meaning of paragraph 3 shall give favourable consideration to a request for
consultations by the aggrieved Member State with a view to resolving their
differences and arriving at a mutually acceptable solution.
If no mutually acceptable solution is reached within 30 days of the date
of request for consultations, the aggrieved Member State may refer the matter to
the COTED, which shall cause an investigation to be carried out into the
circumstance giving rise to the complaint; the investigation is to be completed
within 60 days of the date of receipt of the complaint by the COTED.
The COTED shall, upon receipt of the report arising from the
investigation, make available the report to the Member States concerned to
facilitate consultations and to permit them to reach a mutually acceptable
solution.
If no mutually acceptable solution is reached at the end of 15 days
starting from the date of submission of the report by the COTED to the parties
concerned and the COTED is satisfied that the rights of the aggrieved Member
States under paragraph 1 have been unreasonably denied, then the COTED shall
request the offending Member State to withdraw the measure or practice, as the
case may be.
If the offending Member State referred to in paragraph 7 fails to comply
with the request of the COTED within 60 days of the date thereof, then the COTED
may authorise Member States to suspend, in relation to the Member State which is
applying the measure or practice, the application of such provisions of this
Treaty as the COTED may decide.
Member States shall ensure that new practices of the kind described in
paragraph 3 of this Article are not introduced.
For the purposes of this Article, 'public undertakings' means central,
regional, or local government authorities, public enterprises and any other
organisation by means of which a Member State by law or in practice controls or
appreciably influences imports from, or exports to any other part of the
Community.
ARTICLE XX: Replace Article 23 with the following:
Article 29: General Exceptions
Nothing in Article XVI of this Protocol shall prevent the adoption or
enforcement by any Member State of measures :
necessary to protect public morals;
necessary for the preservation of public order or the prevention of
crime;
necessary to protect human, animal or plant life or health;
necessary to secure compliance with laws or regulations relating to
customs enforcement, or to the classification, grading or marketing of goods, or
to the operation of monopolies by means of state enterprises or enterprises
given exclusive or special privileges;
necessary to protect intellectual property or to prevent deceptive
practices;
relating to gold or silver;
relating to the products of prison labour;
relating to child labour;
imposed for the protection of national treasures of artistic, historic or
archaeological value;
necessary to prevent or relieve critical food shortages
in any exporting Member State; or
relating to the conservation of natural resources or the preservation of
the environment,
but only if such measures are not used as a means of arbitrary or
unjustifiable discrimination between Member States, or as a disguised
restriction on trade within the Community.
Measures taken by Member States pursuant to paragraph 1 shall be notified
to the COTED.
ARTICLE XXI: Replace Article 24 with the following:
Article 31: Security Exceptions
Nothing in this Treaty shall prevent any Member State from taking action
which it considers necessary for the protection of its essential security
interests.
Nothing in this Treaty shall prevent any Member State from taking action
in pursuance of any obligations to which it is subject for the purpose of
maintaining international peace and security.
ARTICLE XXII: Replace Article 27 with the following:
Article 32: Co-operation in Customs Administration
Member States shall co-operate with each other to ensure that their
interpretation and application of Articles VI, VII, VIII XI, XII, XIII, XIV, XV,
XVIII and Schedule I of this Treaty are effectively and harmoniously applied,
particularly with respect to provisions relating to:
effective customs systems and procedures governing the movement of goods,
people and conveyances across customs borders;
maximising the effectiveness of co-operation among customs
administrations and with international agencies to combat customs and other
cross-border offences.
Member States undertake to establish harmonised customs legislation and
customs procedures in accordance with the provisions of this Protocol.
The COTED shall establish procedures for co-operation in customs
administration as described in paragraph 1 of this Article.
ARTICLE XXIII: Insert new Article to read as follows:
Article 33: Notification
Where in the Protocol provision is made for notification to an Organ of the
Community, such notification shall be effected through the Secretariat.
ARTICLE XXIV: Insert new Article to read as follows:
Article 34: Deposit
Member States shall deposit with the Secretariat, agreements relating to
trade or aid concluded by them.
ARTICLE XXV: Signature
This Protocol shall be open for signature by the Member States on the
------------- day of July 1999.
ARTICLE XXVI:
Ratification
This Protocol shall be subject to ratification by signatory States in
accordance with their respective constitutional procedures. Instruments of
ratification shall be deposited with the Secretariat which shall transmit
certified copies to the Government of each Member State.
ARTICLE XXVII:
Accession
Any Member State other than a signatory State may accede to this Protocol. An
Instrument of Accession shall take effect on the date on which the Instrument is
deposited with the Secretariat of the Community.
ARTICLE XXVIII: Entry Into Force
This Protocol shall enter into force one month after the date on which the
last Instrument of Ratification is deposited with the Secretariat.
ARTICLE XXIX: Provisional Application
A Member State may, upon the signing of this Protocol or at any later date
before it enters into force, declare its intention to apply it provisionally.
Upon such declaration by all Member States, the provisions of this
Protocol shall be applied provisionally pending its entry into force in
accordance with Article XXVIII.
IN WITNESS WHEREOF the undersigned duly authorised in that
behalf by their respective Governments have executed this Protocol.
DONE at ______________________on the ___________________ day of ____________
1999.
Signed by
for the Government of Antigua and Barbuda on the day of 1999 at
Signed by
for the Government of Barbados on the day of
1999 at
Signed by
for the Government of Belize on the day of 1999 at
Signed by
for the Government of the Commonwealth of Dominica on the
day of 1999 at
Signed by
for the Government of Grenada on the day of
1999 at
Signed by
for the Government of the Co-operative Republic of Guyana on
the day of 1999 at
Signed by
for the Government of Jamaica on the day of 1999 at
Signed by
for the Government of Montserrat on the day of 1999 at
Signed by
for the Government of St. Kitts and Nevis on the day of
1999 at
Signed by
for the Government of Saint Lucia on the day of 1999 at
Signed by
for the Government of St. Vincent and the Grenadines on the
day of 1999 at
Signed by
for the Government of The Republic of Suriname on the
day of 1999 at
Signed by
for the Government of The Republic of Trinidad and Tobago on the
day of 1999 at
DECLARATION
The representatives of the under-mentioned Governments hereby declare their
intention to apply provisionally the provisions of Protocol IV:
Signed by
for the Government of Antigua and Barbuda on the day of
1999 at
Signed by
for the Government of Barbados on the day of 1999 at
Signed by
for the Government of Belize on the day of 1999 at
Signed by
for the Government of the Commonwealth of Dominica on the
day of 1999 at
Signed by
for the Government of Grenada on the day of 1999 at
Signed by
for the Government of the Co-operative Republic of Guyana on the
day of 1999 at
Signed by
for the Government of Jamaica on the day of 1999 at
Signed by
for the Government of Montserrat on the day of 1999 at
Signed by
for the Government of St. Kitts and Nevis on the day of
1999 at
Signed by
for the Government of Saint Lucia on the day of 1999
at
Signed by
for the Government of St. Vincent and the Grenadines on the
day of 1999 at
Signed by
for the Government of The Republic of Suriname on the day of
1999 at
Signed by
for the Government of The Republic of Trinidad and Tobago on the
day of 1999 at
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