PROTOCOL AMENDING THE TREATY ESTABLISHING
THE CARIBBEAN COMMUNITY

(Protocol VIII: Competition Policy, Consumer Protection, Dumping and Subsidies)

(Continuation)

ARTICLE IV
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 V
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 VI
Provisional Application

1. 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.

2. Upon such declaration, the provisions of this Protocol shall be applied provisionally pending its entry into force in accordance with Article V.

IN WITNESS WHEREOF the undersigned duly authorised in that behalf by their respective Governments have executed this Protocol

DONE at ------------------------------------------------on the ----------------------------- day

of-------------------------------2000.

Signed by
for the Government of Antigua and Barbuda on the
day of 2000 at

Signed by
for the Government of Barbados on the day of
2000 at

Signed by
For the Government of Belize on the day of
2000 at

Signed by
for the Government of the Commonwealth of Dominica on the
day of 2000

Signed by
for the Government of Grenada on the day of
2000 at

Signed by
for the Government of the Co-operative Republic of Guyana on
the day of 2000 at

Signed by
for the Government of Jamaica on the day of
2000 at

Signed by
for the Government of Montserrat on the day of
2000 at

Signed by
for the Government of St. Kitts and Nevis on the day of
2000 at

Signed by
for the Government of Saint Lucia on the day of
2000 at

Signed by
for the Government of St. Vincent and the Grenadines on the
day of 2000 at

Signed by
for the Government of The Republic of Suriname on the
day of 2000 at

Signed by
for the Government of The Republic of Trinidad and Tobago on the
day of 2000 at

DECLARATION

The representatives of the undermentioned Governments hereby declare their intention to apply provisionally the provisions of Protocol VIII:

Signed by
or the Government of Antigua and Barbuda on the day of
2000 at

Signed by
for the Government of Barbados on the day of
2000 at

Signed by
for the Government of the Belize on the day of
2000 at

Signed by
for the Government of The Commonwealth of Dominica on the
day of 2000 at

Signed by
for the Government of Grenada on the day of
2000 at

Signed by
for the Government of The Co-operative Republic of Guyana on the
day of 2000 at

Signed by
for the Government of Jamaica on the day of
2000 at

Signed by
for the Government of Montserrat on the day of
2000 at

Signed by
for the Government of St. Kitts and Nevis on the day of
2000 at

Signed by
for the Government of Saint Lucia on the day of
2000 at

Signed by
for the Government of St. Vincent and the Grenadines on the
day of 2000 at

Signed by
for the Government of The Republic of Suriname on the
day of 2000 at

Signed by
for the Government of The Republic of Trinidad and Tobago on the
day of 2000 at

ANNEX I

DEFINITION OF DOMESTIC INDUSTRY

1. For the purposes of this Protocol, the term "domestic industry" shall, except as provided in paragraph 4, be interpreted as referring to the domestic producers as a whole of the like products or to those of them whose collective output of the products constitutes a major proportion of the total domestic production of those products, except that when producers are related to the exporters or importers or are themselves importers of the allegedly subsidised or dumped product or a like product from other countries, the term "domestic industry" may be interpreted as referring to the rest of the producers.

2. In exceptional circumstances, the territory of a Member State may, for the production in question, be divided into two or more competitive markets and the producers within each market may be regarded as a separate industry if (a) the producers within such market sell all or almost all of their production of the product in question in that market, and (b) the demand in that market is not to any substantial degree supplied by producers of the product in question located elsewhere in the territory. In such circumstances, injury may be found to exist even where a major portion of the total domestic industry is not injured, provided there is a concentration of subsidised for dumped imports into such an isolated market and provided further that the subsidised imports are causing injury to the producers of all or almost all of the production within such market.

3. When the domestic industry has been interpreted as referring to the producers in a certain area, i.e., a market as defined in paragraph 2, countervailing duties shall be levied only on the products in question consigned for final consumption to that area. When the constitutional law of the importing Member State does not permit the levying of countervailing or anti-dumping on such a basis, the importing Member State may levy the relevant duties without limitation only of (a) the exporters shall have been given an opportunity to cease exporting at subsidised or dumped prices to the area concerned or otherwise give assurances pursuant to Article 30(cc) or 30(oo) and adequate assurances in this regard have not been promptly given, and (b) such duties cannot be levied only on products of specific producers which supply the area in question.

4. Whenever an investigation is being undertaken by the Community on behalf of the domestic industry which has alleged injury from extra-regional imports, the domestic industry in the CSME shall be taken to be the industry referred to in paragraphs 1 and 2 consistent with the provisions of paragraph 8(a) of Article XXIV of GATT 1994.

ANNEX II

CONSULTATIONS

1. As soon as possible after an application for an investigation is accepted and in any event before the initiation of any investigation, a Member State whose products may be subject to such investigation, shall be invited for consultations with the aim of clarifying the situation and arriving at a mutually agreed solution.

2. Furthermore, throughout the period of investigation, a Member State whose products are the subject of the investigation shall be afforded a reasonable opportunity to continue consultations, with a view to clarifying the factual situation and to arriving at a mutually agreed solution.

3. Without prejudice to the obligation to afford reasonable opportunity for consultations, these provisions regarding consultations are not intended to prevent the authorities of a Member State from proceeding expeditiously with regard to initiating the investigation, reaching preliminary or final determinations, whether affirmative or negative, or from applying provisional or final measures, in accordance with the provisions of this Agreement.

4. The Member State which intends to initiate any investigation or is conducting such an investigation shall permit, upon request, the Member State whose products are subject to such investigation access to non-confidential evidence, including any non-confidential summary of confidential data being used for initiating or conducting the investigation

ANNEX III(a)

ILLUSTRATIVE LIST OF INFORMATION
REQUIRED BY ARTICLE 30 (JJ)

(i) The identity of the applicant and a description of the volume and value of the domestic production of the like product by the applicant. Where a written application is made on behalf of the domestic industry, the application shall identify the industry on behalf of which the application is made by a list of all known domestic producers of the like product (or associations of domestic producers of the like product) and, to the extent possible, a description of the volume and value of domestic production of the like product accounted for by such producers;

(ii) a complete description of the allegedly subsidised product, the names of the country or countries of origin or export in question, the identity of each known exporter or foreign producer and a list of known persons importing the product in question;

(iii) evidence with regard to the existence, amount and nature of the subsidy in question;

(iv) evidence that alleged injury to a domestic industry is caused by subsidised imports through the effects of the subsidies; this evidence includes information on the evolution of the volume of the allegedly subsidised imports, the effect of these imports on prices of the like product in the domestic market and the consequent impact of the imports on domestic industry, as demonstrated by relevant factors and indices having a bearing on the state of the domestic industry.

ANNEX III (b)

ILLUSTRATIVE LIST OF INFORMATION
REQUIRED BY ARTICLE 30 (JJ)

(i) The identity of the applicant and a description of the volume and value of the domestic production of the like product by the applicant. Where a written application is made on behalf of the domestic industry, the application shall identify the industry on behalf of which the application is made by a list of all known domestic producers of the like product (or associations of domestic producers of the like product) and, to the extent possible, a description of the volume and value of domestic production of the like product accounted for by such producers;

(ii) A complete description of the allegedly dumped product, the names of the country or countries of origin or export in question, the identity of each known exporter or foreign producer and a list of known persons importing the product in question;

(iii) Information on prices at which the product in question is sold when destined for consumption in the domestic markets of the country or countries of origin or export (or, where appropriate, information on the prices at which the product is sold from the country or countries of origin or export to a third country or countries, or on the constructed value of the product) and information on export prices or, where appropriate, on the prices at which the product is first resold to an independent buyer in the territory of the importing Member State;

(iv) Information on the evolution of the volume of the allegedly dumped imports, the effect of these imports on prices of the like product in the domestic market and the consequent impact of the imports on the domestic industry, as demonstrated by relevant factors and indices having a bearing on the state of the domestic industry, such as those referred to in Article 30(ii).

ANNEX IV

PRODUCT COVERAGE¹

2. This Protocol shall cover the following products:

(i) HS Chapters 1-24 less fish and fish products, forestry and forest products plus^*;

(ii)

ANNEX V

OATH OF OFFICE

I .. do hereby swear (or solemnly affirm) that I will faithfully exercise the office of Commissioner of the Competition Commission without fear or favour, affection or ill-will.

(so help me God (to be omitted in affirmation)).

_____________________________________________________________

¹ The product coverage is the same as that of the WTO Agreement on Agriculture.
^* The product descriptions in round brackets are not necessarily exhaustive.