AGREEMENT ESTABLISHING
THE CARICOM REGIONAL ORGANISATION FOR STANDARDS AND QUALITY (CROSQ)
The States Parties:
Recognising
that liberalisation and globalisation in the world economy have
intensified international competitiveness in the production of goods and
services;
Conscious
that the Caribbean Community is extremely vulnerable to penetration by
products of sub-standard quality and specifications which could have
serious, negative implications for consumer welfare and the integrity of
the regional environment;
Aware
that the establishment of the CARICOM Single Market and Economy
constitutes the measured institutional response to current developments
present in the international economy as a means of safeguarding and
promoting fundamental values of the peoples of the Caribbean Community;
Acknowledging
that the development and application of harmonised regional standards,
technical regulations, conformity assessment procedures and metrology
are essential for the efficient operation of the CARICOM Single Market
and Economy and, in particular, the international competitiveness of
goods and services produced or provided in the Caribbean Community;
Conscious
also that the formulation and application of internationally accepted
standards, technical regulations, conformity assessment procedures and
metrology on a regional basis would be cost-effective and enhance the
international competitiveness of goods and services produced or provided
in the CARICOM Single Market and Economy;
Convinced
that the development of regional standards, technical regulations,
conformity assessment procedures and metrology would facilitate the
operations and improve the delivery of national standards bodies of
Member States of the Caribbean Community;
Noting
that the formal establishment of an inter-governmental regional
standardising organisation would entitle it to recognition by competent
standardising international organisations resulting in important
benefits to the Member States of the Caribbean Community in terms of
technical assistance,
Have Agreed as follows:
Article 1
Use of Terms
In this Agreement, unless the context
otherwise requires:
"Community" means the Caribbean Community
including the CARICOM Single Market and Economy (CSME) established by
the Treaty;
"conformity assessment procedures"
includes any procedure used, directly or indirectly to determine that
relevant requirements in technical regulations or standards are
fulfilled;
"COTED" means the Council for Trade and
Economic Development, an Organ of the Community so named in paragraph
2(b) of Article 10 of the Treaty;
"metrology" means the science of
measurement for the determination of conformance to technical
requirements including the development of standards and systems for
absolute and relative measurement;
"Secretariat" means the Secretariat of
CROSQ;
"Secretary-General" means the
Secretary-General of the Caribbean Community;
"standard" means a guideline approved by
a recognised body that provides for common and repeated use, rules,
guidelines or characteristics for products or related processes and
production methods, with which compliance is not mandatory. The term may
also include or deal exclusively with terminology, symbols, packaging,
marking or labelling requirements as they apply to a product, process or
production method;
"standards related-matters" includes
technical regulations, conformity assessment procedures and metrology;
"technical regulations" means regulations
which specify product characteristics or their related processes and
production methods, including the applicable administrative provisions
with which compliance is mandatory. The term may also include or deal
exclusively with terminology, symbols, packaging, marking or labelling
requirements as they apply to a product, process or production method;
"Treaty" means the Treaty establishing
the Caribbean Community signed at Chaguaramas on the 4th day of July
1973 as revised by the Treaty establishing the Caribbean Community
including the CARICOM Single Market and Economy (CSME).
Article 2
Establishment
There is hereby established the CARICOM
Regional Organisation for Standards and Quality (hereinafter referred to
as "CROSQ") having its composition, objectives, functions and status as
set out herein.
Article 3
Membership
1. Membership of CROSQ shall be open to
Member States of the Community.
2. Associate membership may be accorded to
Associate Members of the Community, States and political entities of the
Association of Caribbean States which, in the opinion of the Council, are
willing and able to enjoy the rights and assume the obligations of
membership set out in this Agreement.
Article 4
Objectives
1. The primary objectives of CROSQ shall be
the establishment and harmonisation of standards for the enhanced
efficiency and improved quality in the production of goods and services in
the Community, thereby facilitating consumer and environmental protection
and improved trade within the Community and with third states.
2. Without prejudice to the generality of
the provisions of paragraph1, CROSQ shall, inter alia:
(a) promote the development and harmonisation of standards, metrology, technical regulations and the
mutual recognition of conformity assessment procedures covering goods
and services produced or provided in the Community with the aim of
facilitating trade and supporting the establishment of the CSME;
(b) encourage the mutual recognition of
accreditation and certification systems which are based on
internationally accepted criteria;
(c) facilitate the achievement of
international competitiveness of regional goods and services by
fostering a culture of quality in regional enterprises;
(d) support standards-infrastructure
development at the national level;
(e) promote consumer welfare and safety;
(f) through its operations, contribute to
the preservation of the environment and conservation of the natural
resources of the Community;
(g) provide guidance to Community Organs
and Bodies regarding matters within its competence, including disputes
settlement;
(h) promote and protect the interests of
States Parties and Associate Members in regional and international standardising fora, including external negotiations;
(i) promote awareness of standards and
standards-related matters in governments, commerce, industry and
consumers.
Article 5
Composition of CROSQ
CROSQ shall consist of:
(a) the Council;
(b) the Special Committees; and
(c) the Secretariat.
Article 6
Composition and Procedures of the Council
1. The Council shall consist of the
executive heads of the national standards bodies of the States Parties.
Each executive head of a national standards body of a State Party may
designate an alternate to represent him or her at meetings of the Council.
The Council shall elect a Chairman and Vice Chairman at its ordinary
meetings who shall hold office for two years.
2. A simple majority of the members of the
Council shall constitute a quorum.
3. Decisions of the Council on substantive
issues shall be made by a two-thirds majority of the members of the
Council. Decisions on procedural issues and recommendations shall be made
by a simple majority of the members of the Council.
4. Ordinary meetings of the Council shall
be convened at least once in every calendar year and may be held at the
headquarters of CROSQ or any other agreed venue in the jurisdiction of a
State Party determined by the Council. Extraordinary meetings of the
Council shall be held in such jurisdiction of a State Party as the Council
considers convenient provided that in exceptional circumstances electronic
media may be employed.
5. The Council shall permit Associate
Members to participate in its meetings but without the right to vote.
Article 7
Functions of the Council
1. T he Council shall report annually to COTED which shall determine the policy of CROSQ, particularly the
establishment or adoption of regional standards and technical regulations.
2. Subject to the provisions of paragraph
1, the Council shall, inter alia:
(a) recommend to COTED harmonised
regional standards, for goods and services provided in the Community;
(b) recommend to COTED technical
regulations for goods and services provided in the Community;
(c) promote mutual recognition of
conformity assessment procedures and mutual acceptance of certification
and accreditation;
(d) consider and adopt measures for the
resolution of disputes between States Parties relating to standards and
standards-related matters;
(e) approve the organisations with which
CROSQ shall establish and maintain functional co-operation in relation
to standards and standards related matters.
(f) appoint the Executive Secretary as
provided for in paragraph 2 of Article 9 of this Agreement;
(g) approve the staff regulations
recommended by the Secretariat;
(h) recommend to COTED the contributions
of States Parties and Associate Members to the budget of CROSQ;
(i) recommend for approval the budget of CROSQ recommended by the Secretariat;
(j) recommend for approval the conditions
of membership and associate membership of CROSQ; and
(k) provide oversight with respect to
standards and standards-related matters;
(l) determine the programmes at which
CROSQ may participate;
(m) determine the organisations in whose
work CROSQ should participate as a member or observer as the case may
be;
(n) approve the work programme of the
Secretariat.
Article 8
Composition, Procedures and Functions of the Special Committees
1. Special Committees shall consist of the
nominees of States Parties and Associate Members drawn from the public and
private sectors.
2. Decisions of the Special Committees
shall be made by consensus and shall constitute recommendations to the
Council.
3. Special Committees shall meet as often
as necessary to perform their functions efficiently and expeditiously.
4. The functions of the Special Committees
shall include:
(a) the development, adoption, adaptation
or harmonisation of standards and standards-related matters as the case
may require, in all sectors that affect regional trade of goods and
services among Member States;
(b) recommending standards and
standards-related matters to the Council for action as is appropriate
under this Agreement;
(c) commenting on proposed regional or
international standards;
(d) the establishment or harmonisation of
procedures within the Community concerning the assessment, certifying,
auditing, accreditation of quality systems, testing laboratories,
consultancies, trainers and personnel in specialised fields;
(e) providing, as mandated by the
Council, technical assistance to educational institutions, private or
state-owned companies or agencies or other entities in the Community and familiarising them with the application of standards and
standards-related matters;
(f) establishing, in collaboration with
the Secretariat, a general programme for the development of standards
and the provision of technical equipment and trained human resources
adequate for the foreseeable needs of the Community, for consideration
and approval by the Council;
(g) such other functions as may be
mandated by the Council.
Article 9
Composition of the Secretariat
1. The Secretariat shall consist of the
Executive Secretary and such other staff as may be determined by the
Council. The Executive Secretary shall be the chief executive officer of CROSQ.
2. The Executive Secretary shall be
appointed by the Council for a period of not more than three years and
shall be eligible for reappointment. Other staff of the Secretariat shall
be appointed by the Executive Secretary on such terms and conditions as
may be approved by the Council.
3. In the appointment of professional staff
of the Secretariat, due consideration shall be given to equitable
geographical representation of the membership of CROSQ.
4. In the performance of their functions,
the staff of the Secretariat shall neither seek nor receive instructions
from any source external to CROSQ.
Article 10
Functions of the Secretariat
Subject to the directions of the Council,
the Secretariat shall perform the following functions:
(a) promote the development, harmonisation, application and maintenance of standards and
standards-related matters;
(b) facilitate and mandate standards and
metrology infrastructure development at national and regional levels;
(c) undertake training and promote
education and information dissemination on standards and
standards-related matters;
(d) participate in the activities of
regional, hemispheric and international standardising bodies;
(e) conduct investigations in accordance
with Article 12 of this Agreement;
(f) prepare annual and other reports for
submission to the Council;
(g) prepare and recommend the budget of CROSQ to the Council;
(h) prepare and recommend the staff
regulations to the Council;
(i) undertake such other related
functions as may be determined by the Council.
Article 11
Adoption of Standards and Procedures
1. Special Committees may recommend
standards and technical regulations to the Council for adoption.
2. Where the Council endorses a
recommendation pursuant to paragraph 1, and commends it to COTED for
approval, the States Parties shall, upon the approval of COTED, adopt
appropriate legal and administrative arrangements to give effect to the
decision of COTED within their respective jurisdictions.
Article 12
Conduct of Investigations
1. Subject to the provisions of this
Article, CROSQ shall conduct investigations on issues arising out of
standards and standards-related matters at the request of States Parties,
Associate Members or the CARICOM Secretariat.
2. The Council on the recommendation of a
State Party or on its own initiative may request the Secretariat to carry
out investigations.
3. Where an investigation is being carried
out, the investigating body shall not, in principle, include
representatives or nationals from States Parties or Associate Members
involved in the case. Such representatives may, however, be invited to
appear before the investigating body concerned to give evidence.
4. The cost of conducting an investigation,
including the costs of testing, research, consultancies or other expenses
necessarily involved in the conduct of the investigation, shall be borne
by the party requesting the investigation.
5. The Executive Secretary shall make
satisfactory arrangements for recovery of the expenditure mentioned in
paragraph 4.
6. Recommendations by the investigating
body shall be submitted to the Executive Secretary who shall make a
determination as soon as practicable for transmission to the party
requesting the investigation.
7. An appeal may be made to the Council
against the determination of the Executive Secretary and the decision of
the Council shall be subject to judicial review.
8. States Parties and Associate Members
shall undertake to provide and facilitate access to all relevant
information for the purpose of the conduct of investigations.
Article 13
Funding of the Organisation
1. The revenues of CROSQ shall consist of
the following:
(a) contributions of States Parties and
Associate Members;
(b) donations or grants from sources
approved by the Council;
(c) fees derived from the conduct of
investigations, training courses, consultancy engagements and other
services performed by CROSQ;
(d) fees for the use of any mark or
standard mark owned or operated by CROSQ;
(e) sales of CARICOM standards.
2. The Council shall not approve grants or
donations required to be applied in a manner which discriminates among
States Parties or Associate Members.
3. Representative or nominees of States
Parties whose contributions to the budget of CROSQ are in arrears by more
than two years shall lose the right to vote and hold office in the organs
and bodies of CROSQ.
4. Representatives or nominees of Associate
Members whose contributions to the budget of CROSQ are in arrears by more
than two years shall lose the right to participate in the work of the
organs and bodies of CROSQ.
Article 14
Status of the Organisation
1. CROSQ shall have full juridical
personality.
2. States Parties shall in their
jurisdictions accord to CROSQ the same capacity accorded to legal persons
under their national laws, including the capacity to contract, acquire,
hold and transfer movable and immovable property and to sue and be sued in
its own name.
3. In any legal proceedings CROSQ shall be
represented by the Executive Secretary.
4. CROSQ may conclude agreements with
natural and other legal persons for the efficient performance of its
functions.
5. States Parties hereby undertake to take
such measures as may be required to make the provisions of this Article
effective in their respective jurisdictions.
Article 15
Privileges and Immunities
1. The privileges and immunities to be recognised and granted by States Parties in connection with CROSQ shall be
set out in a Protocol to this Agreement.
2. CROSQ shall conclude with the State
Party in which the Headquarters is to be located an agreement relating to
the privileges and immunities to be granted or accorded to CROSQ.
Article 16
Saving
Nothing in this Agreement shall be
interpreted as impairing the validity of the provisions of any regional or
international regime in which the States Parties participate.
Article 17
Signature
This Agreement shall be open for signature
by the States mentioned in paragraph 1 of Article 3.
Article 18
Provisional Application
This Agreement may be provisionally applied
by no less than eight signatories of the States mentioned in paragraph 1
of Article 3.
Article 19
Entry into Force
This Agreement shall definitively enter
into force when it has been signed by the States mentioned in paragraph 1
of Article 3.
Article 20
Amendments
1. This Agreement may be amended by a
decision of COTED on the recommendation of the Council.
2. Amendments shall enter into force one
month after the date on which the last State Party to this Agreement has
signed the amendment or such other date as the Council may decide.
Article 21
Associate Membership
1. Any State or entity mentioned in
paragraph 2 of Article 3 may, upon application to the Council for
associate membership be admitted as an associate member of CROSQ in
accordance with paragraph 2 of this Article.
2. Upon an application made pursuant to
paragraph 1 of this Article, the Council shall make a determination on
such an application. Where the determination is in the affirmative, the
Council shall determine the conditions of associate membership.
Article 22
Withdrawal
1. A State Party which has withdrawn from
the Community shall be deemed to have withdrawn from CROSQ on the
effective date of such withdrawal from the Community.
2. Any State Party or Associate Member may
withdraw from CROSQ by giving at least twelve months' notice of withdrawal
to the Secretariat.
3. A State Party or Associate Member so
withdrawing undertakes to honour any outstanding financial obligations
duly assumed by it during its membership of CROSQ.
IN WITNESS WHEREOF, the undersigned Heads
of Government have appended their signatures to this Treaty.
DONE at Belize City, Belize on this 4th day
of February 2002.
Signed by
for the Government of Antigua and Barbuda on the day of 2002
Signed by
for the Government of The Bahamas on the day of 2002
at
Signed by Owen Arthur
for the Government of Barbados on the 4th day of February 2002
at Belize City, Belize
Signed by Said Musa
for the Government of Belize on the 4th day of February 2002
at Belize City, Belize
Signed by
for the Government of the Commonwealth of Dominica on the day of 2002
at
Signed by E. Nimrod
for the Government of Grenada on the 4th day of February 2002
at Belize City, Belize
Signed by Bharat Jagdeo
for the Government of the Co-operative Republic of Guyana on the 4th day
of February 2002
at Belize City, Belize
Signed by Percival J. Patterson
for the Government of Jamaica on the 4th day of February 2002
at Belize City, Belize
Signed by
for the Government of Montserrat on the day of 2002
at
Signed by Denzil L. Douglas
for the Government of St. Kitts and Nevis on the 4th day of February 2002
at Belize City, Belize
Signed by
for the Government of Saint Lucia on the day of 2002
at
Signed by Ralph Gonsalves
for the Government of St. Vincent and the Grenadines on the 4th day of
February 2002
at Belize City, Belize
Signed by Runaldo Venetiaan
for the Government of The Republic of Suriname on the 4th day of February
2002
at Belize City, Belize
Signed by
for the Government of The Republic of Trinidad and Tobago on the 4th day
of February 2002
at Belize City, Belize |