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REVISED TREATY OF CHAGUARAMAS ESTABLISHING THE
CARIBBEAN COMMUNITY INCLUDING THE CARICOM SINGLE
MARKET AND ECONOMY
SCHEDULE II
MARKETING ARRANGEMENTS FOR
UNREFINED CANE SUGAR
1. Any Member State in which unrefined cane sugar is produced may, subject
to paragraph 2 and consistently with any international obligations to which it is subject, apply
any quantitative restriction within the meaning of Article 87 on imports into that State of
unrefined cane sugar from any other part of the Community.
2. Any Member State taking measures in accordance with paragraph 1 shall
notify them to COTED, if possible before they come into force.
SCHEDULE III
DEVELOPMENT OF THE OILS AND FATS SUB-SECTOR
Preamble
The Member States:
Recognising that it is their policy to -
(i)
enhance the long-term viability of the regional oils and fats industry;
(ii)
facilitate the regional marketing of oils produced from indigenous raw materials;
(iii) encourage the development and marketing of a wider range of
competitive value- added products especially in the less developed
countries;
(iv) encourage the role of the private sector in determining the conduct
of the trade,
Have Agreed as follows:
PART I
Preliminary
1.
Use of Terms
In this Schedule, unless the context otherwise requires:
"ancillary" means any substance actually required to be used in conjunction with
oils and fats in the process leading to a finished product but which cannot be used
as a substitute for oils and fats produced within the Community and which is
included in Appendix I to this Schedule;
"(lntra-Regional) Price" means the f.o.b. price of raw materials, refined edible oil
and hydrogenated edible fats, when exported from one Member State to another;
"oils and fats" means oilseeds, their seedlings and intermediate or final products
including margarine, shortening and soaps in the form of toilet and laundry derived therefrom, provided those oilseeds and seedlings qualify as being of Community
Origin;
"raw materials" means copra and other oilseeds, and unrefined oils qualifying as
being of Community Origin;
"substitute" means commodities listed in Appendix II to this Schedule which are put
to similar use as, and are in commercial competition with, oils and fats.
2. Obiectives
(a)
to support and encourage the viability and expansion and diversification of
the Oils and Fats Sub-Sector in the Community;
(b) to promote intra-regional trade in oils and fats and exports to third countries;
c)
to increase competitiveness of the Oils and Fats Sub-Sector;
(d) to improve and promote the production of traditional and non-traditional
oilseeds within the Community.
PART II
Scope of the Schedule
3.
The intra-Community reference price of copra and coconut oils shall be determined
as a result of consultations and negotiations by a Committee of Buyers and Sellers
at the Meeting of representatives of Member States (hereinafter called "the
Conference on Oils and Fats'}. The resultant prices would be presented by the
Committee of Buyers and Sellers to the Conference on Oils and Fats for acceptance
and notification to COTED.
4. COTED, on the recommendation of the Conference on Oils and Fats, shall endorse
the intra-Community reference price for the ensuing year in respect of.
(a)
copra, which shall be expressed as an f.o.b. price in buyers' containers;
(b)
unrefined coconut oil, which shall be expressed as an f.o.b. price in
buyers' containers.
5.
(1)
The Committee of Buyers and Sellers shall undertake consultations and
negotiations to determine -
(a)
the quantities of copra and coconut oil to be purchased and sold by
respective buyers and sellers present at the Meeting of the
Conference on Oils and Fats;
(b)
the period and other particulars under which the transactions at (a)
shall be made;
(2)
The determination of the Committee of Buyers and Sellers with respect to (a)
and (b) shall be presented to the Conference on Oils and Fats for
acceptance;
(3)
The Conference on Oils and Fats shall notify COTED of the quantities of
copra and coconut oil to be traded, the period over which the trade shall be
undertaken and other relevant particulars relating to purchase and sale of
coconut oil in the Community;
(4)
In the determination of the quantities of coconut oil to be supplied by the
sellers, the Committee of Buyers and Sellers shall give consideration to
information on the availability of copra and coconut oil from the less
developed countries.
2. COTED shall, as necessary, determine the conditions for intra-regional trade in oils
and fats, other than coconut oil.
3. COTED shall, as necessary, determine the conditions for the importation
and exportation of substitutes.
4. Importation of ancillaries shall be free from restriction.
PART III
Implementation of the Schedule
9.
(1) Member States shall, not later than 31 January in every year, submit to the
Secretary-General in such form as COTED may, from time to time prescribe,
its estimates of production, domestic consumption requirements, exports and
imports in respect of such oils and fats and substitutes as may be determined
by COTED.
(2)
Member States shall provide the Secretary-General, upon request, with such
other information as may be required in order to monitor the operation of this
Schedule.
10. The Secretary-General, on the basis of information supplied by Member States, shall
keep the Member States informed of production and supply capabilities.
11. The Meeting of the Conference on Oils and Fats shall be convened by the Secretary-
General at least once per year.
12. The Secretary-General shall, at the request of a Member State, and with the
concurrence of the majority of the Member States, convene a Special Meeting of the
Conference on Oils and Fats.
13.
(1)
The Conference on Oils and Fats shall consist of one delegate (with such
advisers as may be considered necessary) to be nominated by each Member
State.
(2)
Private sector and other organisations, including the farming community, shall
be invited to participate as observers at Meetings of the Conference on Oils
and Fats.
(3)
Every Meeting of the Conference on Oils and Fats shall elect its Chairman;
(4) At every Meeting of the Conference on Oils and Fats, the delegates of six
Member States, including two MDCs, shall form a quorum;
(5)
At Meetings of the Conference on Oils and Fats, private sector
representatives shall playa more active role in the deliberations through the
participation of buyers and sellers. In this regard, the Conference on Oils and
Fats shall facilitate the establishment of a Committee of Buyers and Sellers
of Copra and Coconut Oil to engage in consultations and negotiations to
determine the prices and quantities governing trade in selected oils and fats.
(6)
The Chairman of the Committee of Buyers and Sellers shall submit
conclusions to the Conference on Oils and Fats for acceptance.
(7)
Every Meeting of the Conference on Oils and Fats shall be serviced by the
Secretariat.
(8)
Recommendations of the Conference on Oils and Fats shall be submitted to COTED for its approval.
14.
(1)
The Conference on Oils and Fats shall -
(a) review the operation of this Schedule;
(b)
consider any matter relating to this Schedule referred to the
Conference on Oils and Fats by any Member State or any Organ or
Body of the Community;
(c)
review regional and international developments affecting the Oils and
Fats Sub-Sector;
(d)
make recommendations to support and promote the growth and
development of the Oils and Fats Sub-Sector.
(2)
Recommendations emanating from 14(c) and (d) shall be submitted to COTED and Ministers with responsibility for Agriculture for consideration and
appropriate action.
15.
Member States shall be responsible for the administration of the provisions of this
Schedule within their respective countries and, for that purpose, shall enact the
necessary legislative or other measures required to give effect to the provisions of
this Schedule.
16.
Where COTED is satisfied that the action taken by a Member State is not in
compliance with the provisions of this Schedule and is likely to prejudice any benefits
likely to be derived by another Member State, COTED may recommend measures
intended to ameliorate any damage or institute any corrective measures or apply any
appropriate sanctions.
17. COTED may, by unanimous decision, recommend the amendment of the provisions
of this Schedule or the substitution of a new Schedule therefor.
PART IV
Regulation of Inputs in the Community
18.
The Member States shall apply the rate of duty set by COTED on all imported oils,
fats and their substitutes.
19.
(1)
(a) In the event of insufficient supply, the Secretary-General acting on
behalf of COTED may grant a suspension of the Common External
Tariff in accordance with Article 72 of the Treaty.
(b)
In determining the adequacy of supply, the Secretary-General shall
take into consideration the allocation and provisions which obtain
under this Schedule.
(2)
(a)
The Secretary-General may issue a certificate under the Safeguard
Mechanism of the Rules of Origin in accordance with Article 73 of the
Treaty, in the event of insufficient supply of inputs used in the
manufacture of oils and fats products.
(b)
In determining the adequacy of supply, the Secretary-General shall
take into consideration the guidelines established by the Conference
of Oils and Fats and COTED.
20.
The Member States may use automatic licences to monitor imports of oils and fats
especially where other methods prove inadequate.
21.
No Member State shall use non-automatic licences to regulate or restrict the Imports
of oils and fats except under paragraph 22.
22.
(1)
If any Member State considers that-
(a)
its oils and fats processing industry is being injured as a result of a
substantial decrease (10 per cent for LDCs and 25 per cent for
MDCs) in internal demand for a domestic product; and
(b)
this decrease in demand is due to an increase in imports consigned
from other Member States,
that Member State shall take remedial measures in accordance with Chapter
V of this Treaty;
(2)
Where in the Community, especially in any of the LDC Member States, a
difficulty arises from the importation of oils, fats or their substitutes from third
countries, the affected Member State shal', notwithstanding the provisions
identified at paragraph 18, 19 and 21, use non-automatic licences and
quantitative restrictions in accordance with its international obligations.
APPENDIX I to
Schedule III
ANCILLARIES
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Aluminum Sulphate
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Ferric Chloride |
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Animal Grease |
Filter Aids and Materials |
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Animal Tallow
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Flavours and Flavouring Materials |
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Anti-Spattering Agents |
Flourescers |
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Anti-Oxidants |
Hexane |
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Antiseptics |
Hydrochloric Acid Hydrogenated Fats |
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Bacteriacides and Disinfectants |
Hydrogenated Oils |
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Bleaching Aids and Materials |
Cotton Seed, Bleaching Earth |
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Calcium Chloride
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Soyabean, Palm Kernel, Groundnut |
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Calcium Michel |
Palm, Whale, Fish or other Oils of a similar kind |
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Caustic Potash |
Castor Oil |
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Caustic Soda |
Lanolin
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Colouring Matter and Dyes |
Milk Powders and Cultures |
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Citric Acid |
Mineral Acids |
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Emulsifiers |
Soap Perfumes |
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Fatty Acids |
Soda Carbonate |
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Mineral Salts |
Sodium Hydrosulphate |
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Oleo Stearines |
Sodium Sulphate |
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Organic Acids |
Sulphuric Acid |
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Phosphate and Zinc Oxide |
Titanium Dioxide |
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Preservative |
Vitamin Concentrates |
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Resin
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Water Softeners |
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Silicate of Soda
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Salt |
APPENDIX II to
Schedule III
SUBSTITUTES
Oilseeds which do not qualify as being of Community Origin under the provisions of
Article 84.
Vegetable oils refined or unrefined, derived from materials in the above category.
Edible tallow or edible stearines.
Soaps including all soaps in block, bar, tablet or powdered form not produced within
the Community.
Margarine and shortening which do not qualify as being of Common Market Origin
under the provisions of Article 84.
Compound Lard.
Pure Lard.
SCHEDULE IV
PROTECTION OF GUYANESE PETROLEUM PRODUCTS
1. Special arrangements to facilitate the establishment of a petroleum refining
industry in Guyana are provided in this Schedule.
2. Notwithstanding anything in this Chapter, any quantitative restriction within
the meaning of Article 87 thereof may, during any period for which the Government of
Guyana is a party to any protective agreement in that behalf relating to petroleum product
produced in Guyana, be applied on imports into Guyana of that petroleum product from any
other part of the Community.
Provided that no such restriction shall be so applied on imports of any petroleum product,
other than Bunker C, asphalt or road oil during any year except with a view to preventing the
importation of that petroleum product into Guyana to any extent in excess of.
(a)
one third of such amount of that petroleum product as is reasonably
considered by the Government of Guyana to be marketable in Guyana during
such year; or
(b)
the difference between such amount of that petroleum product as is
reasonably considered by the Government of Guyana to be marketable in
Guyana during such year and any lesser amount of that petroleum product
which is reasonably considered by the said Government to be productible in
Guyana during such year,
whichever is more.
3. During any period first hereinbefore in this Article referred to in connection
with a petroleum product produced in Guyana, customs duties shall, at rates not lower than
those in force when the CARICOM Single Market and Economy enters into force, be
applicable to any permitted imports into Guyana of that petroleum product from outside the
Community.
4.
Not later than -
(a)
the commencement, during any year, of any period mentioned in
paragraph 3 of this Schedule;
(b)
the commencement, during any such period, of any year,
Guyana shall notify to COTED the amounts mentioned in paragraph (b) of the proviso to
paragraph 2 of this Schedule in relation to that year and shall at the request of any Member
State, inform COTED in strictest confidence of the reasons for arriving at any such amounts.
5. In this Schedule "that petroleum product" includes any like or substitutable
petroleum product.
6. These provisions shall not have effect for longer than 15 years from the
commencement of a period mentioned in paragraph 3 of this Schedule.
SCHEDULE V
GOVERNMENT ASSISTANCE
(a)
The provision by governments of direct subsidies to a firm or an industry contingent
upon export performance.
(b)
Currency retention schemes or any similar practices which involve a bonus on
exports.
(c)
Internal transport and freight charges on export shipments, provided or mandated by
governments, on terms more favourable than for domestic shipments.
(d)
The Provision by governments or their agencies either directly or indirectly through
government-mandated schemes, of imported or domestic products or services for
use in the production of exported goods, on terms or conditions more favourable than
for provision of like or directly competitive products or services for use in the
production of goods for domestic consumption, if (in the case of products) such terms
or conditions are more favourable than those commercially available on world
markets to their exporters.
(e)
The full or partial exemption remission, or deferral specifically related to exports, of
direct taxes or social welfare charges paid or payable by industrial or commercial
enterprises.
(f)
The allowance of special deductions directly related to exports or export
performance, over and above those granted in respect to production for domestic
consumption, in the calculation of the base on which direct taxes are charged.
(g)
The exemption or remission, in respect of the production and distribution of exported
products, of indirect taxes in excess of those levied in respect of the production and
distribution of like products when sold for domestic consumption.
(h)
The exemption, remission or deferral of prior-stage cumulative indirect taxes on
goods or services used in the production of exported products in excess of the
exemption, remission or deferral of like prior-stage cumulative indirect taxes on
goods or services used in the production of like products when sold for domestic
consumption, provided, however, that prior-stage cumulative indirect taxes may be
exempted, remitted or deferred on exported products even when not exempted,
remitted or deferred on like products when sold for domestic consumption in the
production of the exported product (making normal allowance for waste).
(i)
The remission or drawback of import charges in excess of those levied on imported
inputs that are consumed in the production of the exported product (making normal
allowance for waste); provided, however, that in particular cases a firm may use a
quantity of home market inputs equal to, and having the same quality and
characteristics as, the imported inputs as a substitute for them in order to benefit
from the provision if the import and the corresponding export operations both occur
within a reasonable time period, not to exceed two years.
j)
The provision by governments (or special institutions controlled by governments) of
export credit guarantee or insurance programmes, of insurance or guarantee
programmes against increases in the cost of exported products or of exchange risk
programmes, at premium rates which are inadequate to cover the long-term
operating costs and losses of the programmes.
(k)
The grant by governments (or special institutions controlled by and/or acting under
the authority of governments) of export credits at rates below those which they
actually have to pay for the funds so employed (or would have to pay if they
borrowed on international capital markets in order to obtain funds of the same
maturity and other credit terms and denominated in the same currency as the export
credit), or the payment by them of all or part of the costs incurred by exporters or
financial institutions in obtaining credits, in so far as they are used to secure a
materials advantage in the field of export credit terms,
provided, however, that if a Member is a party to an international undertaking on
official export credits to which at least twelve original members to this Agreement are
parties as of 1 January 1979 (or a successor undertaking which has been adopted
by those original member), or if in practice a member applies the interest rates
provisions of the relevant undertaking an export credit practice which is in conformity
with those provisions shall not be considered an export subsidy prohibited by this
Agreement.
(I)
Any other charge on the public account constituting an export subsidy in the sense
of Article XVI of GATT 1994
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