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PROTOCOL AMENDING THE TREATY ESTABLISHING
THE CARIBBEAN COMMUNITY

(PROTOCOL VII: DISADVANTAGED
COUNTRIES, REGIONS AND SECTORS)


ARTICLE XII: Insert new Article to read as follows: 

Article 60: Support for Sensitive Industries

  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:

  1. the significance of its contribution to, inter alia:

  1. Gross Domestic Product;

  2. employment;

  3. foreign exchange earnings; or

  1. its designation as vital within the national industrial policy.

  1. 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.

  2. The COTED, in authorising the suspension mentioned in paragraph 1 of this Article may impose terms and conditions for the grant of the suspension.

  3. The COTED shall monitor the progress of the industry concerned and undertake a periodic review.

ARTICLE XIII: Replace Article 59 with the following:

Article 61: Public Undertakings

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:
  1. a duty or charge having equivalent effect; or

  2. quantitative restrictions.

ARTICLE XIV: Insert new Article to read as follows:

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: Insert new Article to read as follows: 

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: Insert new Articles to read as follows:

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:

  1. grants or access to low-cost financing;

  2. preparation of project proposals for financing;

  3. performance guarantees and other guarantees to enterprises;

  4. accessing technology including information technology;

  5. product design or quality enhancement;

  6. factory design and market development.

  1. Technical assistance within the meaning of this Article may also include:

  1. assistance to establish or upgrade national standardising bodies;

  2. assistance to countries to advance their diversification programmes;

(g) professional assistance in meeting obligations under trade-related agreements;

(h) assistance to establish institutions or centres for the training or retraining of employees as the case may require;

(i) provision of relevant expertise to formulate a legal policy framework conducive to the establishment of fair business and competition practices;

(j) professional expertise in espousing and defending claims arising in connection with the WTO Agreement and other trade-related agreements;

(k) professional assistance in preparing for disputes resolution arising in connection with trade-related agreements;

(l) professional assistance in preparing legislation.  

  1. 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.

  2. 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: Replace article 61 with the following:

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.

  1. contributions of Member States;

  2. financing from governmental, non-governmental or private sector entities, whether within or external to the Community, in the form of subventions, grants, investments or loans;

  3. income earned on assets; and

  4. resources from any other source approved by the Community Council.

  1. 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:

  1. determine the manner and the amount in which the Fund shall be capitalized;

  2. determine the manner and the amount of the contributions of Member States to the Fund;

  3. establish principles and guidelines for negotiating loans;

  4. recommend measures for the attraction of investments to disadvantaged countries, regions and sectors within the meaning of Article 52 paragraph 2 (b);

  5. establish specific criteria for securing resources from the Fund;

  6. establish the legal and operational procedures of the Fund; and

  7. take such other measures as may be necessary for ensuring the effective management of the Fund.

  1. The Community Council shall periodically review measures taken pursuant to paragraph 3 of this Article in order to determine their efficacy.

  2. 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.

 

PART THREE: SPECIAL REGIME FOR
THE LESS DEVELOPED COUNTRIES

 

Article XVIII (bis): Insert the following new Articles

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 Regimes

Member 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: Signature

 

This Protocol shall be open for signature by the Member States on the ............ the day of .................. 1999.

ARTICLE XX: 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 XXI: 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 XXII: 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 XXIII: 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 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

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 1999at

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 VII:   

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