Caribbean Community (CARICOM) Regional Organisation for Standards and Quality
LAWS OF TRINIDAD AND TOBAGO
CARIBBEAN COMMUNITY (CARICOM) REGIONAL
ORGANISATION FOR STANDARDS AND
QUALITY ACT
CHAPTER 82:05
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–18 ..
L.R.O.
Act
10 of 2005
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Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.
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CHAPTER 82:05
CARIBBEAN COMMUNITY (CARICOM) REGIONAL
ORGANISATION FOR STANDARDS AND
QUALITY ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Provisions of the Agreement to have the force of law.
4. Minister to give effect to Agreement.
5. Minister to amend the Schedule.
6. Regulations.
7. Act to bind State.
SCHEDULE.
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CHAPTER 82:05
CARIBBEAN COMMUNITY (CARICOM) REGIONAL
ORGANISATION FOR STANDARDS AND
QUALITY ACT
An Act to give effect to the Caribbean Community
(CARICOM) Regional Organisation for Standards and
Quality (CROSQ) Agreement between Member States
of CARICOM.
[30TH JUNE 2005]
WHEREAS the Member States of the Caribbean Community
(CARICOM) have entered into an Agreement to establish
the Caribbean Community Regional Organisation for
Standards and Quality (CROSQ) (hereinafter referred to as
“the Agreement”):
And whereas Trinidad and Tobago, as a member of the
Caribbean Community, having ratified the Agreement is
obligated to give effect thereto:
1. This Act may be cited as the Caribbean Community
(CARICOM) Regional Organisation for Standards and
Quality Act.
2. In this Act—
“Agreement” means the Agreement establishing the
CARICOMRegional Organisation for Standards and Quality
(CROSQ) between the Member States of CARICOM
executed by the same on 4th February 2002 the text of
which is set out in the Schedule to this Act; and
“Minister” means the Minister to whom responsibility for trade
is assigned.
10 of 2005.
Commencement.
[135/2005].
Preamble.
Short title.
Interpretation.
Schedule.
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3. The provisions of the Agreement shall have the force of
law in the Republic of Trinidad and Tobago.
4. (1) The Minister may, by Order, make provisions as
may be necessary or expedient for giving effect to any Article of
the Agreement.
(2) An Order made under this section shall be subject to
affirmative resolution of Parliament.
5. (1) Where any amendment to the Agreement is
accepted by the Government of the Republic of Trinidad and
Tobago, the Minister may, by Order, amend the Schedule by
including therein the amendment so accepted.
(2) An Order made under this section may
contain such consequential, supplemental or ancillary provisions
as appear to the Minister to be necessary or expedient for the
purpose of giving due effect to the amendment accepted as
aforesaid and without prejudice to the generality of the
foregoing, may contain provisions amending references in this
Act to specific provisions of the Agreement.
(3) An Order made under this section shall be subject to
affirmative resolution of Parliament.
(4) Where the Schedule is amended pursuant to this
section, any reference in this Act or any other instrument to the
Agreement shall, unless the context so requires, be construed as
a reference to the Agreement as so amended.
6. (1) The President may make Regulations in respect of
any matter that is necessary or desirable for the purpose of
implementing the Agreement or for anything that is required or
authorised to be prescribed by or under this Act.
(2) Subject to regulations made under subsection (1),
the Minister may make Regulations requiring or prohibiting the
doing of anything in relation to which a regulation may be
required to be made under this Act and prescribing offences and
Provisions of
the Agreement
to have the
force of law.
Minister to give
effect to
Agreement.
Minister to
amend the
Schedule.
Regulations.
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penalties for the contravention of or non-compliance with any
such regulation.
(3) Regulations made under this section shall be subject
to affirmative resolution of Parliament.
7. This Act shall bind the State.Act to bind
State.
SCHEDULE
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;
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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;
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“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 Organization 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 toMember 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.
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2. Without prejudice to the generality of the provisions of paragraph 1,
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.
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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. The 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;
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(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;
(k) provide oversight with respect to standards and standards-
related matters;
(l) determine the programmes at which CROSQ may participate;
(m) determine the organizations in whose work CROSQ should
participate as a member or observer as the case may be; and
(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;
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(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; and
(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;
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(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 Committeesmay 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.
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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. Representatives 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.
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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.
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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.
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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 THEREOF, 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
at
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
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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.
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