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PROTOCOL AMENDING THE TREATY ESTABLISHING (PROTOCOL VII: DISADVANTAGED ARTICLE XII 1. The COTED may authorise a Member State having a sensitive industry which can be disadvantaged by the operation of the CARICOM Single Market and Economy to suspend Community treatment to products of other Member States. 2. The suspension authorised in paragraph 1 of this Article shall be granted upon application to the COTED in that behalf where the applicant establishes that the product is from a sensitive industry 3. For the purpose of this Article, an industry may be considered to be sensitive by reason of its vulnerable nature and:
4. Notwithstanding any other provision, a disadvantaged country may, for the period of suspension decided upon by the COTED, suspend Community treatment in respect of imports of like description from the Member State granted the suspension.
5. The COTED, in authorising the
suspension mentioned in paragraph 1 of this Article may impose terms and
conditions for the grant of the suspension.
6. The COTED shall monitor the progress of the industry concerned and undertake a periodic review.
ARTICLE XIII
Article 61 Notwithstanding any provisions to the contrary in this Treaty, disadvantaged countries may, with the prior approval of the COTED, maintain, in respect of public undertakings, measures, the effect of which is to afford support to domestic production where such measures are in the form of:
ARTICLE XIV Article 62: Use of Technological and Research Facilities in Member States 1. Member States undertake to provide opportunities for access to their technological and research facilities by nationals of disadvantaged countries.2. The COTED shall encourage close collaboration between research institutions and facilities located in disadvantaged countries with others located in other Member States.
ARTICLE XV
Article 63: Promotion of Development 1. The COTED shall promote the establishment of infrastructure in the disadvantaged country or region to encourage or stimulate economic activity.2. The COTED may also adopt measures for the establishment of new industries or for the retooling or expansion of existing industries in a disadvantaged country, region or sector. ARTICLE XVI Article 64: Special Provision for Guyana Notwithstanding any provisions in the Treaty to the contrary, Guyana shall be allowed, as agreed by the Conference, to maintain quantitative restrictions on the importation of wheat flour for as long as it continues to benefit from the special arrangement for wheat imports. Article 64 (bis): Application of the Special Regime to Highly- Indebted Poor Countries The COTED shall to the extent necessary and for a period to be determined, apply the provisions of the Special Regime for the LDCs to Highly-Indebted Poor Countries.
ARTICLE XVII Article 65: Technical and Financial Assistance 1. As soon as practicable after the entry into force of this Protocol, the Community Council shall, in collaboration with other competent Organs of the Community, make adequate arrangements to extend to disadvantaged countries, regions and sectors such technical and financial assistance as may be required to allow them to participate effectively in the CARICOM Single Market and Economy and to administer international trade agreements.2. Pursuant to paragraph 1 of this Article, the COTED shall evaluate the need for technical and financial assistance to disadvantaged countries, regions and sectors, and promote and facilitate appropriate programmes and projects. Such assistance may include:
3. Technical assistance within the meaning of this Article may also include:
4. The evaluation mentioned in paragraph 2 of this Article may be undertaken by the COTED on its own initiative, or in response to an application for assistance issuing from a Member State. 5. The COTED shall examine the impact of the measures mentioned in paragraph 2 with a view to determining their adequacy and establishing a time-frame for their discontinuance. ARTICLE XVIII Article 66: The Development Fund 1. There is hereby established a Fund to be known as the Development Fund (hereinafter "the Fund") for the purpose of providing financial or technical assistance to dasadvantaged countries, regions and sectors. 2. The Fund's resources shall comprise:
3. Subject to the provisions of the Treaty, the Community Council, on the recommendation of the Council for Finance and Planning (COFAP) shall, on a timely basis:
4. The Community Council shall periodically review measures taken pursuant to paragraph 3 of this Article in order to determine their efficacy. 5. Member States undertake to enact legislation to give effect to the provisions of this Article respecting the establishment and operation of the Fund as soon as practicable after the structure and operational procedures of the Fund provided for in paragraph 3 of this Article have been determined by the Community Council. Article 67: Saving Nothing in this Protocol shall be construed as disentitling a disadvantaged country, region or sector, being the beneficiary of any other technical assistance programme, from simultaneously benefitting from technical assistance pursuant to the provisions herein set forth.
THE LESS DEVELOPED COUNTRIES
Article XVIII (bis) Article 68: Import Duties Where a Less Developed Country has suffered or is likely to suffer loss of revenue as a result of the importation of goods eligible for Community treatment, the Council for Trade and Economic Development (COTED) may, on application made in that behalf by the Less Developed Country, authorise the imposition o f import duties on such goods for such time and on such terms and conditions as the COTED may decide.Article 69: Community Origin Member States agree that in the determination and operation of the criterion of substantial transformation pursuant to Article VIII of Protocol IV, special needs of the Less Developed Countries shall be taken into account. Article 70: Incentives RegimesMember States agree that in the establishment of any programme for incentives in the Community provided for in Article XIV of Protocol III and Article VIII of Protocol VII, the special needs of the Less Developed Countries shall be taken into account. Article 71: The Common External Tariff (CET) Member States agree that in the implementation of the CET provided for in Article VII of Protocol IV, the special needs of the Less Developed Countries shall be taken into account. Article 72: Promotion of Industrial Development 1. Upon application made in that behalf by the Less Developed Countries, the COTED may, if necessary, as a temporary measure in order to promote the development of an industry in any of these States, authorise such States to suspend Community origin treatment of any description to imports eligible therefor on grounds of production in one or more Less Developed Country. 2. The COTED may, in taking decisions pursuant to paragraph 1 of this Article, establish terms and conditions including a phasing-out period during which national governments and the Community shall provide support measures and the industry implement the necessary programmes for achieving competitiveness. 3. The grant of authorisation pursuant to paragraph 1 of this Article shall be by means of a decision supported by the affirmative votes of all the Less Developed Countries and at least two of the More Developed Countries. Article 73 : Public Undertakings Paragraph 1 of Article XIX of Protocol IV shall not apply to the Less Developed Countries. Article 74: Use of Technological and Research Facilities The More Developed Countries undertake to provide opportunities for the use of their technological and research facilities by the Less Developed Countries. Article 75: Special Provisions for Belize Belize shall be allowed to impose import duties or quantitative restrictions on beer and cigarettes produced in the Community for a period ending 31 December2000.
ARTICLE XIX This Protocol shall be open for signature by the Member States on the ............ the day of .................. 1999.
ARTICLE XX 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 XXI 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 XXII This Protocol shall enter into force one month after the date on which the last Instrument of Ratification is deposited with the Secretariat.
ARTICLE
XXIII 2. 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 XXIII. 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 L Bird Signed by Owen Arthur Signed by Said Musa Signed by Edison James Signed by Keith Mitchell Signed by Clement Rohee Signed by Percival J. Patterson for the Government of Jamaica on the 4th day of July 1999 Signed by David S. Brandt Signed by Denzil Douglas Signed by Kenny D. Anthony Signed by James Mitchell Signed by Ronald R. Venetiaan Signed by Basdeo Panday DECLARATION The representatives of the under-mentioned Governments hereby declare their intention to apply provisionally the provisions of Protocol VII: Signed by L Bird Signed by Owen Arthur Signed by Said Musa Signed by Edison James Signed by Keith Mitchell Signed by Clement Rohee Signed by Percival J. Patterson for the Government of Jamaica on the 4th day of July 1999 Signed by David S. Brandt Signed by Denzil Douglas Signed by Kenny D. Anthony Signed by James Mitchell Signed by Ronald R. Venetiaan Signed by Basdeo Panday |
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