On The Economic Partnership Agreement Between The European Union And Its Member States, Of The One Part, And The Sadc Epa States, Of The Other Part

Original Language Title: Par Ekonomisko partnerattiecību nolīgumu starp Eiropas Savienību un tās dalībvalstīm, no vienas puses, un DAK EPN valstīm, no otras puses

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

The Saeima has adopted and the President promulgated the following laws: on economic partnership agreement between the European Union and its Member States, of the one part, and the SADC EPA States, on the other hand article 1. 10 June 2016, Botswana in the Kasan, signed the economic partnership agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part (hereinafter referred to as the agreement), this law is adopted and approved. 2. article. Fulfilment of the obligations provided for in the agreement are coordinated by the Ministry of Foreign Affairs. 3. article. The agreement shall enter into force on the paragraph 2 of article 113 in the prescribed time and manner, and the Ministry of Foreign Affairs shall notify the official Edition of the "journal". 4. article. The law shall enter into force on the day following its promulgation. To put the agreement by law Latvian language. The law adopted by the Parliament in 2017 on May 11. The President r. vējonis Riga 2017 on May 29, the economic partnership agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part of the PREAMBLE, the parties to the agreement, the Kingdom of BELGIUM, Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Croatia, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania , The Grand Duchy of Luxembourg, the Republic of Malta, the Republic of Hungary, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland, which is the Treaty on European Union and to the Treaty on the functioning of the European Union the Contracting Parties, referred to as "the Member States of the European Union", and the European Union, of the one part, and the Republic of BOTSWANA, Lesotho, MOZAMBIQUE, Namibia, Republic of Congo, South Africa and the Kingdom of SWAZILAND , hereinafter referred to as "South African development community economic partnership agreement", of the other part ("DUCK EPA States"), given that the parties wish to further strengthen trade links and to establish close and lasting relations, based on partnership and cooperation; Convinced that this agreement will further deepen and promote economic and trade relations between the parties; Desiring to create new employment opportunities, attract investment and improve the standard of living in the territories of the parties while promoting sustainable development; Recognizing the importance of development finance cooperation in the implementation of this agreement; Recognizing the efforts of the countries of SADC EPA to ensure economic and social development of their peoples, deepening the regional integration of the Southern African Development Community region ("DUCK"); Reaffirming the commitment of the parties to promote regional cooperation and economic integration and to promote trade liberalization in the region, DHAKA Recognizing the special needs of the countries of SADC EPA and interests and the need to take into account the different levels of economic development, as well as the geographical and socio-economic problems; Acknowledging this agreement, Botswana, Lesotho, Namibia and Swaziland (BLNS countries) the special circumstances and the need to take account of trade liberalization for trade, development and cooperation agreement between South Africa and the European Community and its Member States, which signed on 11 October 1999 (the "TDCA"), the impact on these countries; SADC EPA States recognizing the least developed countries (LDCS) to the specific circumstances and needs and thus through special and differential treatment and asymmetry; Recognizing the Lesotho as the South African Customs Union, the only LDC to the specific circumstances and the fact that the tariff reductions provided for in revenue and this agreement, the TDCA calls for priority to make trade support measures; Recognizing the special circumstances of those countries, which the EPA DHAKA were involved in the armed conflict in the long term, they need the same and different treatment and asymmetry; Having regard to the party as a member of the World Trade Organisation ("WTO") rights and obligations of participants and reaffirming the role of the multilateral trading system; Recalling the importance in the opinion of the parties are the principles and rules governing the multilateral trading system, and the need to apply transparent and non-discriminatory manner; Following the June 23, 2000 signed and in 25 June 2005 the revised partnership agreement between the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part (Cotonou Agreement); Confirming the parties ' commitment to the economic development of SADC EPA States and the support for it to achieve the Millennium Development Goals ("THEN"); SUBJECT TO THE TDCA; Considering the commitment of the parties to ensure that the mutual measures supported regional integration in accordance with the Southern African development community, who signed on 17 august 1992, and amendments thereto ("DAK contract"); Recognizing the South African Customs Union ("DMS"), with the 2002 Southern African Customs Union agreement established between the Republic of Botswana, Lesotho, Namibia, the Republic of the Kingdom, and the Republic of South Africa and the Government of the Kingdom of Swaziland signed on 21 October 2002 ("DMS" Agreement); Reaffirming the parties ' support for trade liberalisation and promotion; The emphasis on sustainable development of agriculture and the importance of poverty alleviation in SADC EPA States; Agree to conclude such an agreement. (I) sustainable development and other areas of cooperation chapter I General provisions article 1 purpose the purpose of this agreement is: (a)) to promote poverty alleviation and eradication, creating a marketing partnership in accordance with the objective of sustainable development, and the Cotonou Agreement; (b)) to promote regional integration, economic cooperation and good governance by creating and implementing an effective, predictable and transparent regional regulatory framework for trade and investment between the parties and the EPA National DHAKA; (c) to encourage the phasing out of SADC EPA) integration into the world economy in accordance with their political choices and development priorities; (d) to improve the EPA countries in DHAKA) capacity for trade policy and trade-related matters; e) providing conditions for investment initiatives of the private sector in the volume building, promote offers, competitiveness and economic growth in SADC EPA States; and (f)) to strengthen the existing relationship between the parties to the solidarity and mutual benefit basis. To that end, within the context of the WTO, this agreement extends the commercial and economic relations, promoting the Protocol on trade in the Southern African Development Community region ("DUCK") ("DUCK trade protocol") signed on august 24, 1996, and the agreement on the implementation of the DMS, support a new trading dynamic between the parties to a trade, liberalisation of the advanced asymmetric and reinforce, extend and deepen cooperation in all areas relevant to trade. Article 2 principles 1. this agreement is based on the guiding principles, as well as on the most important elements and elements set out in the Cotonou Agreement, respectively, 2 and 9. This agreement continues the Cotonou Agreement, the TDCA and the previous ACP-EC agreement, the regional cooperation and integration, as well as the economic and trade cooperation. 2. this Agreement shall be implemented by its provisions supplementing and reinforcing the mutual and the Cotonou agreement the TDCA provisions pursuant to article 111 of 110 and. 3. the parties agree to cooperate to implement this agreement in a manner consistent with the development policy and regional integration programmes, which the EPA countries DHAKA is or may be involved. 4. the parties agree to cooperate to fulfil their commitments and obligations and to promote the capacity of the countries of SADC EPA to implement this agreement. Article 3 regional integration 1. the parties recognise that regional integration is an integral element of the partnership and an ambitious instrument in the attainment of the objectives of this agreement. 2. the parties reaffirm the EPA countries DHAKA regional and subregional integration, to gain greater economic opportunities, strengthen political stability and facilitate the effective integration of developing countries into the world economy. 3. the Parties shall encourage, in particular, the integration process based on the DMS contract agreement DHAKA, the Constitutive Act of the African Union, adopted on 11 July 2000, as well as the processes associated with the development of policies and political goals. The Parties shall endeavour to implement this agreement mutually supportive manner with such instruments, taking into account the respective levels of development, needs, geographic situation and the strategy of sustainable development. Article 4 monitoring 1. Parties undertake to continuously monitor the operation of this agreement and using the relevant effects, also established under this agreement, the mechanisms and timetable of their respective membership processes and institutions to ensure that the objectives of this agreement are met, the agreement is properly implemented, and their peoples, particularly the most vulnerable groups, from these partnerships derive maximum benefits. 2. the parties undertake to immediately consult with each other on all matters concerning the implementation of this agreement. Article 5 Cooperation in international fora, the Parties shall endeavour to cooperate in all international fora in which issues are discussed in connection with this agreement. Chapter II TRADE and sustainable development article 6 1. Context and objectives the parties refer to the 1992 action plan "Agenda 21" on the environment and development, the 1998 ILO Declaration on fundamental principles and rights at work, adopted in Johannesburg in 2002, the plan of implementation on sustainable development, the UN Economic and Social Council Ministerial Declaration of 2006 on full employment and decent work, the ILO Declaration of 2008 social justice for fair globalisation and the 2012 UN Conference on sustainable development entitled "a future We want ". 2. the parties reaffirm their commitment to promote the development of international trade in such a way that today's and future generations for the purpose of promoting the well-being of the achievement of the objective of sustainable development in three key areas (economic development, social development and environmental protection), and will seek to ensure that this objective is taken into account and reflected in all levels of their trade relations. 3. the provisions of this chapter shall not apply the provisions of part III, with the exception of article 7. Article 7 sustainable development 1. the parties reaffirm that the objective of sustainable development is to be applied and must be included in each economic partnership level by following the Cotonou Agreement 1, 2 and 9 in General and in particular the performance of the overall commitment to reduce and eventually eradicate poverty completely in a way that is compatible with the objectives of sustainable development. 2. the parties understand that the purpose of this agreement is raised as commitment: a) in applying this agreement fully take into account their population and the next generations of humanitarian, cultural, social, economic, health and environmental interests; and (b)) in relation to the decision making method to observe the involvement, participation and dialogue. 3. the parties agree to cooperate to reach to people facing sustainable development. Article 8 standards and Multilateral agreements in the field of the environment and employment 1. Parties recognize that international environmental governance and the agreement is of great importance to the international community in response to the global or regional environmental problems, as well as the provision of decent work for all are key elements for ensuring sustainability in all countries and the priority objective of international cooperation. 2. Having regard to the Cotonou Agreement, and in particular article 49 and 50, in the context of this article, the parties reaffirm their commitment to the rights and obligations in relation to the multilateral agreements in the field of the environment ("DNV") and the International Labour Organization ("ILO") conventions which they have ratified, respectively. Article 9 Regulation of rights and protection levels 1. the parties recognise the right of each party to establish its own domestic environment and the level of protection and consequently to adopt or amend the relevant legislation and policies in accordance with recognised international standards and agreements, in which they participate. 2. the parties reaffirm the importance of the protection provided by the domestic law of employment and the environment. 3. Recognizing that trade or investment facilitation is not achieved to the detriment of domestic protection level or reduction of employment or the environment, no one party does not derogate from its environmental and employment laws and not try to constantly hinder their effective execution. 10. Article-the sustainable development of trade and investment 1. the parties reaffirm their commitment to trade and investment assistance to contribute to the achievement of the objective of sustainable development in the economic, social and environmental. 2. a party may on any matter covered by this chapter, to request consultations with the other party to the trade and Development Committee. 3. Dialogue and cooperation taking place in the trade and Development Committee and the matters covered by this chapter, may involve other relevant institutions and stakeholders. Article 11 working together on trade and sustainable development 1. Parties recognize that the objectives of this agreement, it is important to jointly solve the issues of employment and environmental policy related to trade. 2. the parties may exchange information and experiences on their implementation of the measures to facilitate trade, social and environmental objectives of coherence and complementarity of the compliance, and enhance dialogue and cooperation on such issues in the context of sustainable development, which could lead to trade relations. 3. in relation to point 1 and 2, the parties may cooperate in the following areas, inter alia: (a)) issues related to trade, employment or environmental policy in international fora such as the ILO, the decent work programme and DNV; (b)), the impact of the agreement on sustainable development; c) corporate social responsibility and accountability; d) issues of mutual interest related to trade, biodiversity conservation and sustainable use of the promotion; e) issues related to trade and sustainable forest management and f) issues related to trade, sustainable fishing practices. Chapter III cooperation article 12 1. Development cooperation the parties undertake to cooperate to implement this agreement and to support the EPA countries DHAKA trade and development strategies for the total DAK regional integration process. Cooperation may or may not be related to funding. 2. the parties recognise that development cooperation is a crucial element of partnership and of this agreement, the essential factor as defined in article 1. The Cotonou Agreement provides for the development of financial cooperation in the regional economic cooperation and integration purposes can take to support and encourage the efforts of the countries of the SADC EPA to achieve the objectives of this agreement and make the most of the expected benefits. Areas of cooperation and technical assistance, as appropriate, is set out in this agreement. Cooperation shall be implemented in accordance with the procedure laid down in this article. These procedures are regularly inspected and, if necessary, make changes in accordance with the provisions of article 116. 3. the financing of the EU ' 1, which refers to the development of cooperation between the SADC EPA States and the EU and to ensure the implementation of this agreement, in accordance with the provisions of the Cotonou Agreement and the relevant procedures, in particular with the European Development Fund, and the planning procedures with the relevant from the budget of the Union-funded financial instruments. In this respect, the provision for the implementation of this agreement is to be considered as a priority. 4. European Union Member States undertake jointly with the relevant development policies and instruments to support regional economic cooperation and integration and the implementation of this agreement and the EPA countries DHAKA regional level development cooperation activities envisaged pursuant to the complementarity and aid effectiveness principles laid down in the 2005 Paris Declaration on aid effectiveness and the Accra agenda for Action 2008 program. 5. the parties recognize that the implementation of this agreement and for the comprehensive benefits offered will need adequate resources. In this regard, the Parties shall cooperate to ensure access of SADC EPA States in other financial instruments, as well as the support of other donors who wish to support the future of SADC EPA States ' efforts in the achievement of the aims of this agreement. 6. the parties agree that the regional development funding mechanisms, such as the EPA, the Fund would be a useful tool for effective development finance resource allocation and follow-up of the implementation of the EPAS. EU agrees to support the region's efforts to such a mechanism. After a satisfactory audit in the EU will make its contribution to this Fund.
1 the term "EU", that is used in this agreement are defined in article 104.
Article 13 Cooperation priorities 1. For the purpose of implementing this agreement and taking into account the national development policies of SADC EPA guidelines, the parties agree that the trade and economic cooperation in the priority areas in this article and listed in article 14. 2. the aim of cooperation in the context of trade of goods is to improve the trade and marketing power of the EPA countries in DHAKA, including gradually removing tariffs and customs duties set out in this agreement for the liberalisation commitments, correct application of the rules of origin, trade defence instruments, non-tariff measures, sanitary and phytosanitary (SPS) standards and technical barriers to trade ("TBT"), addressing the problem of non-tariff measures and promoting cooperation in the field of customs and trade simplification. 3. the cooperation in the field of competitiveness of the bid aims to increase national competitiveness and the EPA DHAKA to cancel the restrictions of the offer, the State authorities and in particular the level of the enterprise. This cooperation shall in particular include such areas as production, technology development and innovation, sales, financing, distribution, transport, economic base extension, as well as private sector development, trade and the business environment and support for SMEs in the agricultural, fisheries, industry and the service sector. 4. the conduct of cooperation-enhancing infrastructure aims to develop a competitive environment conducive to businesses in areas such as information and communication technology, transport and energy. 5. the parties agree to cooperate to develop and improve the trade in services, as provided for in article 73. 6. the parties agree to cooperate to develop and promote trade-related issues, as expected, 16.8 to 11 to 19 and 73, and 74. 7. cooperation in the field of trade data to improve the capacity of the national EPA DHAKA trade data collection, analysis and dissemination. 8. the cooperation in building the institutional capacity of the EPA the objective is to support the implementation of the EPA management institutional structures and trade negotiations and trade policy capacity-building, in cooperation with the relevant institutional mechanisms that countries in the SADC EPA was created by the Treaty and DHAKA DMS agreement. Article 14 cooperation in the area of fiscal adjustment 1. the parties recognize that this agreement provides for customs duty reduction or gradual abolition of SADC EPA States may affect fiscal revenues, and agree to cooperate on this issue. 2. the parties agree to cooperate in accordance with article 12, in particular: (a)) fiscal reform aid and (b)) the support measures, which complement the fiscal reforms of this agreement, the net fiscal impact, which will determine, in accordance with the mechanism, on which common agreement. 3. the parties recognise that the tariff reduction impact particularly in the fiscal revenue of Lesotho, and agrees, in application of article 12, to pay particular attention to the situation in Lesotho. Article 15 action provided for by the agreement in the form of development cooperation involves the following actions relating to this agreement, but is not limited to: (a)) policy development; (b)) and the development of the legal framework; c) institutional and organizational development; (d) capacity-building and apmācība1); e) technical advisory services; f) administrative services; (g) support for SP and TB) the field and h) operational support, including equipment, materials and related activities.
1 for the purposes of this article, "capacity building" specifically includes training, institutional development, organisational development (structures and procedures), operational support and inter-institutional communication and cooperation procedures.
Article 16 cooperation in protection of intellectual property rights 1. the parties reaffirm their obligations under article 46 of the Cotonou Agreement, and your rights, obligations and the exceptions laid down in the agreement on trade-related aspects of intellectual property rights ("TRIPS Agreement"), which included the agreement establishing the world trade organisation in Annex i.c. 2. the parties agree to grant, and to ensure the proper, effective and non-discriminatory intellectual property rights ("IPR") protection in the event of infringements and to adopt measures to enforce such right, pursuant to the provisions of international agreements where the parties participating. 3. the parties may cooperate in matters relating to geographical indications ("GI"), pursuant to section 3 of the TRIPS Agreement's provisions (articles 22 to 24). The parties recognise the GI and product origin, the importance of attracting sustainable agriculture and rural development. 4. the parties agree on the need to respond to reasonable requests for the interchange of information and explanations about the GI and other issues related to IPR. Without prejudice to the generality of such cooperation, the parties may, by mutual agreement, involving international and regional organizations that have knowledge of the GI. 5. the parties of the traditional knowledge is considered important and can further cooperate in this area. 6. the parties may wish to consider the future start talks on IPR protection, and DUCK EPA countries want and seek to participate in those negotiations, collectively. If the talks will start, the EU will consider to include provisions on cooperation and special and differential treatment. 7. If the party does not participate in the future agreement on IPR protection that the conclusion of the negotiations in accordance with paragraph 6, wants to join, it can negotiate on the conditions for its accession to that agreement. 8. If the agreement is drawn up in point 6 and 7 in those negotiations, the outcome is not compatible with the DAK regional IPR system further development, parties are trying to adjust the agreement to accommodate the regional system, while maintaining the benefits of balance. Article 17 cooperation in the field of public procurement transparent 1. the parties recognise the importance of public procurement and economic development in the promotion of industrialization. The parties agree that cooperation is of great importance to mutual understanding of the respective public procurement systems. The parties reaffirm their commitment to a transparent and predictable system of public procurement in accordance with national law. 2. the parties recognise that it is important to continue officially designated electronic or print media, which are distributed widely and readily available to the public, publish their laws or otherwise make publicly available its generally applicable laws and regulations, administrative rulings, and any amendments thereto. The parties agree that it is important to respond to legitimate mutual requests for information and clarification on the above issues. 3. the parties may consider in the future to start negotiations in the field of public procurement, and the EPA countries DHAKA wants and will seek to participate in those negotiations, collectively. If the talks are started, the EU agrees to include provisions on cooperation and special and differential treatment. 4. If a party not participating in future agreements on public procurement, wants it to join, it can negotiate on the conditions for its accession to that agreement. 5. If the agreement drawn up by 3 and 4 above, the outcome of the negotiations is not compatible with the SADC regional public procurement system further development, parties are trying to adjust the agreement to accommodate the regional system, while maintaining the benefits of balance. Article 18 cooperation in the competition area 1. the parties recognise that certain business practices, such as anti-competitive agreements or concerted practices and abuse of a dominant position may restrict trade between the parties and thus interfere with the objectives of this agreement. 2. the parties agree to cooperate on issues of competition in accordance with article 13, paragraph 6. 3. the parties may consider in the future to start negotiations in the field of competition, and the EPA countries DHAKA wants and will seek to participate in those negotiations, collectively. If the talks are started, the EU agrees to include provisions on cooperation and special and differential treatment. 4. If the party does not participate in the agreement on the future of the competition, wants it to join, it can negotiate on the conditions for its accession to that agreement. 5. If the agreement drawn up by 3 and 4 above, the outcome of the negotiations is not compatible with DUCK regional development of the system of competition, the parties jointly endeavour to adjust the agreement to accommodate the regional system, while maintaining the benefits of balance. Article 19 cooperation in tax management, the parties recognise the importance of cooperation between the authorities concerned in the application of the principle of good governance in the field of taxation. Part II of the TRADE and trade-related questions of trade in goods Chapter I article 20 free trade zone 1. this agreement establishes a free trade area between the parties under the General Agreement on tariffs and trade ("GATT 1994"), and in particular with Article XXIV thereof. 2. for the purposes of this agreement, comply with the principle of asymmetry in proportion to the EPA National DHAKA specific needs and capacity restrictions relating to the obligations provided for in this agreement and schedule of the levels. Article 21 scope the provisions of this chapter shall apply to trade in goods between the Pusēm1.
1 unless clearly stated otherwise, the terms "goods" and "products" have the same meaning.
Article 22 of the rules of origin for tariff preferences provided for in this agreement, apply to goods that have a certain origin in accordance with Protocol No 1 contains the rules of origin. Article 23 customs duty 1. Customs duty is any tax or payment, including all types of additional duty or surcharge imposed on the importing of goods or in connection with it, but it does not include: (a) internal taxes or any other) internal charges applied under article 40, or (b)), the tax imposed under Division II of part II, or c) fees or other charges applied in accordance with article 27. 2. from the date of entry into force of this agreement in trade between the parties, any of the products covered by liberalisation, not introduce new customs duties, as well as increase if the appropriate taxes, except: (a) point 7); paragraph 9 (b)); c) part 1 of annex I-section A, paragraph 7, and (d) of annex II) of part 1 of section A, point 8. 3. Except as this agreement expressly provides otherwise, each product the basic duty to which the tariff set out in this agreement, is the reduction of most-favoured-nation treatment (VLR) tax rate applicable on the date of entry into force of this agreement. 4. where a tariff reduction does not begin on the date of entry into force of this agreement, the basic subject to this agreement, the tariff reduction commitments are either referred to in paragraph 3, the rate of tax or VLR tax rate applicable on the date of the start of the tariff suspension list, choosing the lowest of rates. 5. on the date of entry into force of this Agreement shall notify the Secretariat of the EU and the Mozambican DMS trade and industry Ministry to your list with the basic subject to this tariff reductions provided for in the agreement. Date of entry into force of this agreement the DMS and Mozambique shall notify to the European Commission for their respective lists of basic duties to which this tariff reductions provided for in the agreement. After notification, as provided in this paragraph, each party one month exchange shall publish these lists in accordance with their internal procedures. Trade and Development Committee at the first meeting following the notification and publication of the list of the basic duty shall be adopted by the parties or, where appropriate, the DMS. The EU list contained in annex I, part II, and Mozambique in the list contained in part II of annex III, the taxes listed are indicative and do not have the basic meaning 3. 6. the reduced duties calculated in accordance with the provisions contained in this agreement the tariff reduction list, apply the rounding to the first decimal place or specific taxes-to the second decimal place. 7. The tariff preferences, which is expressed as a percentage of the applied tax rates when VLR at any time after the entry into force of this agreement, a party shall be increased or reduced their appropriate tax rate, the VLR other party appropriate tax rate is increased or decreased at the same time, saving the parties envisaged in the preferences list. 8. In respect of those tariff preferences that fully expressed in this agreement with fixed rates, if at any time after the date of entry into force of this agreement a party reduces its applied rate of duty, the VLR the reduced tax rate is applied to the other party in such a case, if it is lower than the fixed rate of customs duty calculated in accordance with that party's list, and as long as it is below this rate. 9. The provisions of this article shall not apply to products not covered by the tariff reduction commitments and that each party's list contained respectively in annexes I, II and III, marked with classification category "X". Article 24 EU customs duties on products originating in the countries of SADC EPA 1. Botswana, Lesotho, Mozambique, Namibia and Swaziland are imported products originating in the EU under duty-free and possession, which the countries listed in annex I. 2. products originating in South Africa are imported in the EU in accordance with the arrangements laid down in annex I for South Africa. Article 25 of the national EPA DHAKA customs duties on products originating in the EU 1. products originating in the EU are imported DMS under the arrangements laid down in annex II. 2. the EU imported products originating in Mozambique in accordance with the arrangements laid down in annex III. Article 26 export duties or levies 1. from the date of entry into force of this agreement in trade between the Parties shall be imposed for export of the goods or in connection with the export of goods introduced new export duties, as well as the increased tax rates, unless this is otherwise stipulated in article. 2. In exceptional circumstances, if it is justified by the specific needs by revenue or if it requires a new industry, or the environment, or if it is essential for critical or of general interest to the local food or other products, which is based on food security, the prevention or mitigation of lack, Botswana, Lesotho, Namibia, Mozambique and Swaziland, in consultation with the EU, a limited range of additional products may introduce temporary export duties or charges arising out of, or in connection with export. 3. In exceptional circumstances, where the States of SADC EPA it can be justified by the industrial development needs of those countries can limit the EPA DHAKA product range introducing temporary export duties or duties levied on exports or in connection with it. SADC EPA State, which wants to introduce the following temporary customs duties or levies such tax in the EU declares and provides all necessary information and justification, and after the EU request, consult on it with the EU. The following temporary taxes or levies each DUCK EPA State may at any time impose a total eight (8) articles which definitely HS six-digit tariff item level or ' ore and concentrates in the case of ' 4-digit HS tariff heading level, for a period not exceeding in the aggregate twelve (12) years. This period, in agreement with the EU, in relation to one and the same product can be extended or renewed. 4. The following conditions apply to paragraph 3, but does not apply to: (a) paragraph 2) the EPA National DHAKA during the first six (6) years of the export duties, or the imposition of that duty or duty shall not apply to the annual export volume to the EU, complying with the following product exports to the EU average amount of three (3) years prior to the introduction of the tax or the payment date. EPA National DHAKA from the seventh year following the imposition of the tax, or up to the end of the period of its application, subject to paragraph 3, that the tax or duty shall not apply to the amount corresponding to 50% of such product exports to the EU average of three (3) years before that or the imposition of tax; and (b)) export duties or charges do not exceed 10% of the ad valorem of export of the product value. 5. from the date of entry into force of this agreement any more favourable treatment by the EPA countries in DHAKA provides export duties or duties which are levied in any products for export to the destinations in a superpower in trade or in connection with it, is attributed to the similar product with the destinations in the EU. For the purposes of this article, the term "trading superpower" is defined in accordance with paragraph 6 of article 28. 6. where a State EPA DHAKA has reasonable grounds for believing that a specific consignment of products that do not apply to the export duties in accordance with 1, 3 and 4 of the EU is re-exported or the road to the EU, directed to one or more third countries, that the EPA National DHAKA this issue to submit to the trade and Development Committee. 7. the trade and Development Committee shall examine questions of ninety (90) days. If the trade and Development Committee after examination accept no decision, the Customs authorities of the country of SADC EPA can trade and Development Committee to ask it to take a decision on the product concerned to the EU importer shall provide a declaration that the imported product will be processed in the EU and will not be re-exported to third countries. 8. If, after at least ninety (90) days following the Declaration of use of work practices, EPA State DHAKA still has reasonable grounds to believe that a particular consignment of products that do not apply to the export duties in accordance with 1, 3 and 4 of the EU is re-exported or the road to the EU, directed to one or more third countries, that the EPA National DHAKA trade and Development Committee shall submit information in support of its finding. 9. If after a predefined action solution is found within thirty (30) days, the EPA can impose national DHAKA effective measures to prevent such circumvention, provided that those measures are limiting trade in the least possible way and does not apply to businesses which have proven that they are not involved in circumvention practices. An alternative may be re-exported consignment that is from the EU to one or more third countries to impose export duties retroactively. 10. the parties agree not later than three (3) years after the date of entry into force of this agreement, the EPA and EU DHAKA joint Council ("Joint Council") to review the provisions of this article, fully taking into account their impact on the economies of SADC EPA development and diversification. Article 27 1. Fees and charges of any kind, All fees and charges, other than import or export duties and other taxes article 40 in the area of the levied on imports or exports, or in connection with it, shall not exceed the amount of the service provided and will not provide an indirect protection to domestic products, and does not directly impose duties on imports or exports for fiscal purposes. 2. Without prejudice to article 30, not one party does not determine significant penalties for small areas of Customs regulatory or procedural rules violations. In particular, for any omissions or errors in the customs documentation, which is easily editable and obviously made without fraudulent intent or gross negligence, does not determine the sanctions that go beyond what is necessary to express alarm. 3. the provisions of this article shall also apply to the fees and charges in connection with imports and exports imposed on regulatory authorities, including those related to: (a)) consular transactions, such as consular invoices and certificates; (b)) the quantitative limits; c) licensing; d) exchange control; e) statistical services; f) documents, documentation and certification; g) analysis and inspection and quarantine, sanitary) treatment and fumigation. 4. Fees and charges not on consular services. Article 28 more favourable treatment under a free trade agreement (1). In connection with article 23, paragraph 1, and article 26, paragraph 1, the customs duties laid down in article 27 of the requirements and fees and other charges the EU extended to SADC EPA States any more favourable treatment applicable to the EU after the date of signature of this agreement becomes half a preferential trade agreement with third parties. 2. In connection with article 23, paragraph 1, and article 26, paragraph 1, the customs duties laid down in article 27 of the requirements and fees and other charges within the EU the EPA request, DHAKA's attributed to the EU any more favourable treatment applicable when EPA DHAKA States individually or collectively after the date of signature of this agreement, the parties will become a preferential trade agreement with a commercial superpower. 3. By way of derogation from paragraph 2, the EPA States to EU DHAKA not a regime that is applicable when EPA DHAKA States individually or collectively after the date of signature of this agreement, the parties will become a preferential trade agreement with African, Caribbean and Pacific Group of States or other African countries or regions. 4. By way of derogation from paragraph 2, where the EPA National DHAKA provides information that such a preferential trade agreement with trading powers, which it is acceded to, it generally provides a much more favourable treatment than that offered by the EU, the Parties shall consult and jointly decide on the simplest way to implement the provisions of paragraph 2. 5. the provisions of this article shall not be considered as an obligation of the EU or any of the SADC EPA States to extend to the other side of any preferential arrangements applicable if the date of this agreement or any EU country is party to the EPA DHAKA a preferential trade agreement with third parties. 6. for the purposes of this article, "trading superpower" means any developed country, or any country whose share of the world exports of the year referred to in paragraph 2 before the entry into force of the agreement consists of more than one percent, or any group of countries acting individually, collectively or through economic integration agreements, as part of the world in the year before the export of the goods referred to in paragraph 2, the entry into force of the agreement in the form more than 1.5 percent. 7. By way of derogation from paragraph 1, where the EU added after signature of this agreement, a preferential trade agreement with a third party, the third party who provides more favourable treatment than that granted to South Africa by the EU in this agreement, the EU and South Africa launched consultations to decide on whether and how the said preferential trade agreement preferential treatment extended to South Africa. The Joint Council may adopt proposals for the amendment of this agreement in accordance with article 117. 8. By way of derogation from paragraph 2, where the DM or a DUCK EPA VAV joins such a preferential trade agreement with trading powers who trade superpower country provides more favourable treatment than that which DMS or the EPA granted EU-LDC DHAKA in this agreement, then the DM or the EPA and EU-LDC DHAKA launched consultations to decide on whether and how the preferential treatment provided for in the preferential trade agreement , also apply to the EU. The Joint Council may adopt proposals for the amendment of this agreement in accordance with article 117. 29. Article 1 of the free circulation of EU customs duties or DUCK EPA products imported into the EU, or, where appropriate, the EFSA DHAKA, charging the territory only once. 2. Any duty paid on imports that the SADC EPA State, which is also a member of the DMA, completely refunded if the goods are re-exported from the country in which the EPA DHAKA its first imported, the customs territory to duck the EPA State not member of the DMS. Then on the following products subject to the duty applicable in the Member State in which they are consumed. By the time the EPA countries in DHAKA will be reached on procedures with regard to this point, this point is governed by the applicable customs legislation and procedures. 3. the parties agree to cooperate in order to facilitate the movement of goods and to simplify the customs procedures of SADC EPA States, in particular as provided for in paragraph 2 of article 13. Article 30 special provisions on administrative cooperation 1. The parties agree that administrative cooperation is essential in this chapter in the implementation of preferential treatment and control, and its commitment to combat irregularities and fraud in customs and related matters. 2. the parties also agree to cooperate in order to ensure that the necessary institutional structure to enable the responsible authorities in a timely manner to respond effectively to requests for assistance. 3. For the purposes of this article and without prejudice to article 9 of Protocol 2, failure to provide administrative cooperation shall mean, inter alia: (a)) ' failure to fulfil its obligation to verify the intended product (s) in question (s) the originating status, as provided for in article 38 of Protocol 1; (b)) a repeated refusal or undue delay to carry out verification of proof of origin and/or announce its results as provided for in article 38 of Protocol 1; c) a repeated refusal or undue delay in obtaining authorisation to conduct administrative cooperation missions to verify the authenticity of documents or accuracy of information in relation to the granting of the preferential treatment, as provided for in article 7 of Protocol 2. 4. For the purposes of this article, irregularities or fraud, inter alia, can be found even if without reasonable cause rapid increases in imports of goods exceeding the other side the usual level of production and export capacity, and if it is available to objective information concerning irregularities or fraud. 5. where a party on the basis of objective information has identified the inability to provide administrative cooperation and/or of irregularities or fraud, reveal, the party concerned in exceptional circumstances in accordance with this article may temporarily suspend the relevant preferential treatment of the specific application (s), product (s) and its (their) given the specific origin. 6. for the purposes of this article, the exceptional circumstances are such that has or can have a significant negative impact on the party if the particular product (s) concerned (s) applicable preferential regime remains. 7. temporary suspension of The application pursuant to paragraph 5, subject to the following conditions: (a) a party to the objective) information is not detected by the ability to provide administrative cooperation and/or of irregularities or fraud detecting shall immediately notify the trade and Development Committee, providing objective information, and also on the basis of all relevant information and objective findings, including information relating to capacity and/or structural constraints, the trade and Development Committee shall start consultation with a view to seeking a solution acceptable to both parties; (b)) if the trade and Development Committee has examined the question and four (4) months from the date of receipt of the notification is not negotiated an acceptable solution, the party concerned may temporarily suspend the relevant question (s) in the product (s) and the specific special preferential treatment applicable to the origin. A temporary suspension shall immediately notify the trade and Development Committee. At the request of either party, to which the period expires must agree on an acceptable solution, in duly substantiated cases, be extended to five (5) months; (c) the temporary suspension) in accordance with this article shall apply only if this is necessary for the parties concerned to the protection of financial interests. Its duration shall not exceed six (6) months, and This period after the issue of the trade and Development Committee may extend for a period of six (6) months. Temporary suspension immediately after its adoption, notify the trade and Development Committee. Regularly consult on the trade and Development Committee shall, in particular, to quit as soon as the conditions no longer exist for its application. Article 31 administrative errors the parties recognise the right of the other party to correct administrative errors during the implementation of this agreement. Encountered an error, either party may request the trade and Development Committee to look into the possibility to adopt all necessary measures to resolve the situation. Chapter II trade defence instruments in article 32 the anti-dumping and countervailing measures the rights and obligations of either party in respect of anti-dumping or countervailing measures shall be governed by the relevant WTO agreements. To the provisions of this article shall not apply the provisions of part III. 33. Article Multilateral safeguard measures 1. subject to the provisions of this article, nothing in this Agreement shall prevent a party to adopt measures under article XIX of GATT 1994, the WTO agreement on safeguards, and article 5 of the WTO agreement on Agriculture annexed to the Marrakech Agreement establishing the World Trade Organization Treaty ("WTO Agreement"), and any other relevant WTO agreements. 2. Notwithstanding paragraph 1 and pursuant to this agreement with the general development objectives of SADC EPA States and the small size of the economy, the EU excluded imports from any country from the EPA DHAKA all measures taken pursuant to article XIX of GATT 1994, the WTO agreement on safeguards of the WTO agreement on agriculture, and of article 5. 3. paragraph 2 of this article shall apply for five (5) years from the date of entry into force of this agreement. The Joint Council no later than one hundred and twenty (120) days prior to the expiry of this period the activities of the review, taking into account the needs of the countries of SADC EPA development, in order to determine whether they may have to be extended for a further period. 4. the provisions of paragraph 1 shall not apply the provisions of part III. Article 34 general bilateral safeguard measures 1. Notwithstanding article 33 party or, where applicable, DMS, identified alternative solutions, for a specified period may, by way of derogation from article 24 and 25, to apply safeguard measures in accordance with the conditions of this article and the procedure laid down therein. 2. safeguard measures referred to in paragraph 1 may be carried out if the obligations under this agreement, including tariff concessions, the result of one of the parties, imports of products originating in the territory of the other party or, where appropriate, the DMS in such increased quantities and under such conditions as to cause or threaten to cause: a) serious damage to domestic industry producing like or directly competitive products in the importing party or, as the case may be, in the territory of the DMA or b) disturbances in any sector of the economy producing like or directly competitive products, particularly where these disturbances produce major social problems or difficulties which could cause serious or importing party, as the case may be, the deterioration of the economic situation on the DMS, or c) interference of like or directly competitive agricultural products in the markets of the importing party or an appropriate case-DM. These safeguard measures do not go beyond what is necessary to reduce or prevent serious injury or disturbances. 3. safeguard measures referred to in this article are in one or more of the following ways: (a) the rates of import duties) further reduction of the suspension, for the product concerned, as provided for in this agreement; (b) increase in the customs duty) for the product concerned up to a level which does not exceed the VLR tax rate that applied at the time of the event; or (c)) the tariff quotas for the products concerned. 4. Without prejudice to paragraphs 1 to 3, if any of the products originating in any country is imported the EPA DHAKA in such increased quantities and under such conditions as to cause or threaten to cause one of the 2 points (a) to (c))) situations referred to one or more of the outermost regions of the EU of like or directly competing products in the production sector, the EU in accordance with paragraphs 6 to 8 of the procedures you can perform surveillance or safeguard measures affecting only the (s) of the region (s). 5. Without prejudice to paragraphs 1 to 3, if any of the products originating in the EU is being imported in such increased quantities and under such conditions as to a State or EPA DHAKA where appropriate DMS cause or threaten to cause one of the 2 points (a) to (c))) situations referred to, the particular State or EPA DHAKA where appropriate DM in accordance with paragraphs 6 to 8 of the procedures can be carried out surveillance measures or protective measures affecting only the territory. 6. safeguard measures referred to in this article: (a)) save only as long as is necessary to prevent or remedy serious injury or disturbances, set 2, 4, and 5; (b)) shall not apply for a period exceeding two (2) years. If the circumstances that justify the imposition of safeguard measures continue to exist, such measures may be extended for one period not exceeding two (2) years. If one or more SADC EPA States or, as the case may be, apply a protective DMS or if EU measures apply only to one or more of its outermost regions in their territory, however, such measures may be applied for a period not exceeding four (4) years and, if the circumstances that justify the imposition of safeguard measures continue to exist, the measure can be extended for four (4) years; c) lasting more than one (1) year shall be determined, they shall contain clear elements that provides for the gradual termination no later than the end of the period laid down, and d) at least one (1) year following termination of application of a safeguard measure shall not apply to imports of such products that has been previously subject to such a measure. 7. in implementing paragraphs 1 to 6, the following rules shall apply: (a)) where a party or, as the case may be, DMS considers one of the 2 points (a) to (c))), 4 and/or set point 5, it shall immediately submit the matter to the trade and Development Committee; (b)) the trade and Development Committee may prepare advice on the prevention of circumstances arising. If the trade and Development Committee has prepared recommendations to prevent conditions or if within thirty (30) days from the date on which the matter was referred to the trade and Development Committee in the other a satisfactory solution, the importing party may adopt the appropriate measures to remedy the circumstances in accordance with this article; (c)) before the measures provided for in this article or in cases in which paragraph 8 applies, the party or, where appropriate, the DMS as soon as possible submit to trade and Development Committee with all relevant information required for a thorough examination of the situation, in order to seek a solution acceptable to the parties concerned; (d)) designating the safeguard measures pursuant to this article, priority must adopt measures which least disturb the functioning of this agreement. If the applicable rate of duty VLR, in force on the day preceding the entry into force of this agreement, is less than the tax rate applicable to the VLR, in force at the time of introduction of the measure, the measures applied in accordance with article 3 (b)), the provisions may exceed the VLR tax rate in force on the day preceding the entry into force of this agreement. In this case, the party or, where appropriate, the DMS under the provisions of subparagraph (c)), the trade and Development Committee to provide relevant information, indicating that the tax increase to the VLR tax rate that applied at the time of entry into force of, is not sufficient and that there is a necessary measure, by which the tax rate, to prevent serious damage or interference, pursuant to paragraph 2; e) on all safeguard measures taken pursuant to this article shall be notified immediately to the trade and Development Committee and shall be the subject of periodic consultations within that Committee, in particular to establish a timetable for abolition as soon as circumstances allow. 8. If the delay would cause damage which it would be difficult to repair, the importing party or, where appropriate, the DM may provisionally take 3, 4, and/or (5) the measures provided for, without regard to the requirements of point 7. (a)), such measures may be issued for a period not exceeding one hundred and eighty (180) days, if it determines the EU and two hundred (200) days, if it detects one or more SADC EPA States or, as the case may be, or if the DM EU measures apply only to one or more of its outermost regions. (b)), any such interim measure duration number as part of the initial period and any extension referred to in paragraph 6. c) taking such interim measures take into account the interests of all parties concerned. (d)) the importing party or, where appropriate, inform the other DMS party concerned and it shall immediately submit the matter to the trade and Development Committee. 9. If an importing party or, as the case may be, on any product DMS imports subject to the administrative procedure, to quickly provide information on the trend of trade flows, which causes the problems mentioned in this article, it shall immediately inform the trade and Development Committee. 10. The safeguard measures adopted under this article shall not apply to the WTO dispute settlement provisions. Article 35 safeguard measures in the field of agriculture 1. Notwithstanding article 34, preventive measure in the form of import duties may be imposed if any given twelve month period in the agricultural products referred to in annex IV and originating in the EU, the volume of imports of the products concerned exceed DM for the specified reference. 2. in paragraph 1 of this article and the agricultural products referred to may be subject to tax, not exceeding 25% of the existing WTO commitments to tariff or 25 percentage points, whichever is greater. That duty does not exceed the current VLR tax applicable rate. 3. safeguard measures referred to in this article shall be maintained until the end of the calendar year or the five (5) months, choosing a longer period of time. 4. safeguard measures referred to in this article for the same item does not save or does not apply to: (a) at a general bilateral safeguard measures) in accordance with article 34; b) measure under article XIX of the GATT 1994 and the WTO agreement on safeguard measures; or (c) a special preventive measure) in accordance with the WTO agreement on agriculture, article 5. 5. safeguard measures referred to in this article shall be implemented in a transparent manner. Ten (10) days after the beginning of application of such measures to the DM inform in writing the EU and provide the relevant data about the event. DMS, upon request, consult with the EU on this measure. DMS inform also the trade and Development Committee within thirty (30) days after the imposition of measures. 6. the implementation of this article and the operational procedures will be discussed and reviewed the trade and Development Committee. At the request of either party, the trade and Development Committee may review the reference quantities and agricultural products, as provided for in this article. 7. the provisions of this article may only be applied to twelve (12) years starting from the date of entry into force of this agreement. Article 36 the safeguard food security in 1. the parties recognize that the Elimination of trade barriers to trade between the parties, as provided for in this agreement, may present significant difficulties of SADC EPA States to producers of agricultural products and foodstuffs sectors, and agreed that it will consult among themselves on these issues. 2. Notwithstanding article 34 a if it is necessary to prevent General or local food or other essential products and thus provide food security to the State EPA DHAKA, and if in this situation that the State or EPA DHAKA could lead to great difficulties, then this country can adopt EFSA DHAKA protection measures in accordance with the procedure laid down in article 34 (b)) to (d)) , 8 and 9. The measure will be reviewed at least once a year, and it terminates as soon as the conditions no longer exist, which were the cause of it. 37. Article 1 of the transitional safeguard measures BLNS. The parties acknowledge that the liberalized listed in annex V to the BLNS countries products is sensitive. 2. Notwithstanding article 34 if anyone listed in annex V originating in the EU is imported in the territory of the country as BLN in large quantities as to cause or threaten to cause, serious injury to any of the BLNS countries, then the State may apply temporary safeguard measures. 3. Safeguard measures referred to in paragraph 2 may be a tax that is imposed on the products listed in annex V, not exceeding the VLR tax rate applicable at the time of the determination of the measure or may be duty-free tariff quota, provided that tax that applies outside the quota quantities do not exceed VLR tax rate measure. 4. the State BLNS thirty (30) days prior to the discovery of the safeguard measures shall be notified in writing to the EU measures. After notification, the relevant State BLNS sixty (60) days shall provide all the necessary information about the event. 5. Without prejudice to paragraph 2, the BLNS countries and the EU at the request of either of the Parties shall initiate consultations on preventive measures. 6. safeguard measures referred to in this article shall apply for a period not exceeding four (4) years. If the circumstances that justify the imposition of the measures, continue to exist, such measures may be extended for one period not exceeding four (4) years. 7. safeguard measures referred to in this article cannot be accepted, a period of twelve (12) years after the date of entry into force of this agreement. 38. Article 1 of the new defensive sectors. Notwithstanding article 34 where any product originating in the EU tax cut results in Botswana, Lesotho, Namibia, Mozambique and Swaziland in the territory is imported so in large quantities and under such conditions as to threaten the new industry alliances or to cause or threaten to cause disturbances in the new industry producing like or directly competitive products, the said countries may temporarily suspend the further reduction in the rate of customs duty or to increase the rate of customs duty to the level not exceeding the applicable VLR. 2. the safeguard measures that the SADC EPA State, which is also a member of the DMA, is adopted in accordance with the provisions of paragraph 1, where additional taxes levied solely in that country, which the EPA DHAKA used this provision. 3. Safeguard measures referred to in paragraph 1, may apply for a period not exceeding eight (8) years, and this period may be extended by decision of the Joint Council. 4. in the light of paragraphs 1 and 2, the following provisions shall apply: (a)) where a DUCK State EPA believes that there are conditions laid down in paragraph 1, it shall immediately submit the matter to the trade and Development Committee. The SADC EPA State trade and Development Committee shall provide all relevant information required for a thorough examination of the situation; (b)), the trade and Development Committee may adopt any recommendations with a view to finding an acceptable solution that requires specific conditions. If the trade and Development Committee has prepared a recommendation or if within thirty (30) days from the date on which the matter was referred to the trade and Development Committee in another satisfactory solution, the EPA National DHAKA may adopt measures, in accordance with this article; (c)) the imposition of measures pursuant to paragraph 1 (i), the priority is to adopt measures which least disturb the functioning of this agreement; and (d)) any measure taken pursuant to this article shall be notified immediately to the trade and Development Committee, and periodically consulted in that Committee. 5. In exceptional circumstances, where delay would cause damage which it would be difficult to repair, the SADC EPA State may temporarily take the measure provided for in paragraph 1, shall not be subject to the requirements of paragraph 4. The following measures can be applied for a period not exceeding two hundred (200) days. Any such duration of the provisional measures as part of the period referred to in paragraph 3. Taking such interim measures take into account the interests of all parties concerned. The importing country shall inform the EU EPA DHAKA, and the matter was immediately submitted to the trade and Development Committee of the provisional measures referred to in the trial. 6. Dms Member State shall have the right to use the DM of the agreement article 26. Chapter III Non tariff measures article 39 prohibition of quantitative restrictions, the parties may apply the quantitative limits, provided that such restrictions are applied in accordance with the WTO agreement. Article 40 national treatment the internal taxation and regulation 1. Parties recognize that internal taxes and other internal charges, and laws, regulations and requirements affecting the product internal sale, offering for sale, purchase, transportation, distribution or use, and internal quantitative regulations relating to product mixing, processing or use of certain quantities or proportions should not be applied to imported or domestic products to protect domestic products. 2. imported products originating in the other party directly or indirectly apply internal taxes or other internal charges of any kind in excess of similar domestic products directly or indirectly applicable payments. In addition, the parties also otherwise apply to imported or domestic products, internal taxes or other internal charges in a manner which is contrary to the principiem1 laid down in paragraph 1. 3. Imported products originating in the other party shall grant treatment that is no less favourable than treatment granted to similar domestic products originating in that country according to all laws, regulations and requirements affecting their internal sale, offering for sale, purchase, transportation, distribution or use. The provisions of this paragraph shall not prevent the application of differential internal transportation charges based only on the economic exploitation of the means of transport, but not by the nationality of the product. 4. Parties shall establish and maintain an internal quantitative regulation with respect to product mixing, processing or use of certain quantities or proportions which requires, directly or indirectly, any product which, subject to the above provisions, the specific quantity or ratio of domestic supply. In addition, the parties also otherwise apply internal quantitative regulations in a way that is contrary to the principle laid down in paragraph 1. 5. No internal quantitative regulation with respect to product mixing, processing or use of certain quantities or proportions are not applied in such a way that any such amount or proportion is classified as supplies from abroad. 6. the provisions of this article shall not apply to laws, regulations or requirements governing the authorities carry out the purchase of the products which they buy in their purposes and not intended for resale or commercial use of the goods, intended for commercial trade. 7. the provisions of this article shall not prevent the payment of subsidies exclusively to domestic producers, including payments from the internal revenue taxes or duties which are applied in accordance with the provisions of this article and subsidies effected through the regulatory authorities of domestic product procurement. 8. the parties recognize that the internal prices of ceiling control measures, even if they comply with the other provisions of this article may lead to effects that are detrimental to the parties which supplied the imported products. The parties therefore that apply such measures shall take account of the interests of exporting Parties to prevent these harmful effects. 9. the provisions of this article shall not prevent any party to establish or maintain internal quantitative regulations relating to exposed movies of all time, subject to the requirements of article IV of GATT 1947.
1 a tax conforming to the requirements of the first sentence of this paragraph, should be considered as incompatible with the provisions of the second sentence only in cases where there is competition between the products subject to duty, on the one hand, and directly competitive or substitutable products, which in the same way the tax is imposed, on the other hand.
Chapter IV customs and trade facilitation article 41 of this chapter objectives are: a) to step up cooperation on Customs and trade facilitation in order to ensure that the relevant legislation and procedures, as well as the administrative capacity of the Customs authorities in compliance with the effective control and sales promotion purposes; (b)) to promote customs legislation and procedures; (c)) to ensure that no way be undermined the legitimate public policy objectives, including those concerning safety and the prevention of fraud in customs and trade facilitation, and (d)) to provide the necessary support for the SADC EPA customs administrations of the countries for the effective implementation of this agreement. 42. Article customs and administrative cooperation 1. to ensure compliance with the provisions of this chapter and effectively comply with article 41 objectives, the Parties shall: (a)) shall exchange information concerning customs legislation and procedures; (b) develop joint initiatives) in connection with customs and trade promotion and the strengthening of administrative capacity; (c)) shall exchange experience and best practices of corruption and fraud in the field of this chapter; d) exchange experience and best practice with the import, export and transit procedures related questions and issues concerning the improvement of the provision of services to the business community; e) exchanging experiences and best practices in the field of simplification of transit; f) simplifies the exchange of experts between customs administrations; and (g)) both internally and cross-border level, promote all related activities of the Agency. 2. the Parties shall prepare and develop closer cooperation in implementing the World Customs Organization (WCO) standards for the 2005 world trade security and facilitation. This cooperation includes initiatives aimed at promoting the authorised economic operator status of previous mutual recognition and the exchange of information for security purposes, to enable it effectively to assess and manage risks. 3. the Parties shall, in accordance with the provisions of this Protocol provides mutual administrative assistance in customs matters. 43. Article customs legislation and procedures 1. the parties agree that their respective trade and customs legislation and procedures as are developed on the basis of: (a)) of the revised Kyoto Convention on the simplification and harmonization of customs procedures, the essential elements set out in WCO Pamatstandarto world trade security and facilitation of the International Convention on the harmonized system, and other international instruments and standards applicable in the field of trade and customs; (b)) the need to protect and facilitate legitimate trade; (c)) the need to avoid unnecessary and discriminatory burden on economic operators, to protect against fraud and corruption and to facilitate further the work of the operators who provide a large compliance with requirements; (d)) the need to apply to each party for the single administrative document or equivalent electronic document; e) to apply the Customs work modern methods, including risk assessment, simplified procedures for entry and release of goods, control and company after the release of the audit; f) transparency, efficiency and proportionality, in order to reduce costs and increase predictability for economic operators; (g)) the need for non-discrimination in trade imports, exports and transit of applicable requirements and procedures, and recognizing that the consignments may be subject to different treatment, depending on the objective risk assessment criteria; h) export and import operations register system of advanced development, including the development of a system based on information technology, to facilitate the exchange of information between economic operators, customs administrations and other services; (I)) systems, which facilitates the import of goods using simplified customs procedures and processes, including the pirmsierašan clearance; j) abolition of all the requirements that provides for pre-shipment inspections set out in the WTO agreement on pre-shipment inspection activities required or equivalent; k) the application of rules that ensure that any penalties imposed for minor customs regulations or procedural requirements are proportionate and, in its application, does not incur unnecessary delays in customs clearance; l) binding ruling system in customs matters, in particular the tariff classification and rules of origin, in accordance with their respective legal provisions; moving in transit); n) cancellation of the requirement for all customs brokerage minimum and o) transparent, non-discriminatory and proportional rules for licensing of customs brokers. 2. improving the working methods and the transparency of customs operations and the effectiveness of the parties: (a)) provides the highest standards of integrity, this area applying anti-corruption measures; (b)) take further measures by the Customs and other related services of the required data and documentation, for the sake of simplification and standardization; c) wherever possible, simplify requirements and formalities for quick release and clearance; (d) introducing effective, immediate) and non-discriminatory procedures enabling the right of appeal against the use of customs and other administrative operations service, rulings and decisions affecting import, export or transit. Appeal procedure is readily available to all businesses, including small and medium-sized enterprises, and (e)) create an environment for effective law enforcement. 44. Article move 1. the promotion of transit parties in its territory provides free transit on the way that is most suitable for transit. Any controls or requirements must be non-discriminatory, proportionate and consistently applied. 2. Without prejudice to legitimate customs control, hand movements in the transit mode, which is no less favourable than the regime that applied to domestic goods for export, import and transfer it. 3. the Parties shall: (a) a guaranteed transport) are used, which allows the transit of goods without customs duties or other charges, provided that it is filed under guarantee; (b) promote and implement) regional transit; (c)) use international standards and instruments relating to transit; and (d)) both internal and cross-border level contributes to all relevant services. Article 45 the relationship with the business community, the parties agree: (a)) to ensure that all customs legislation, procedures, fees and charges, as well as, whenever possible, an explanation of the public as far as possible by electronic means; (b)), as much as possible, the timely and regular consultation with trade representatives on legislative proposals and procedures related to customs and trade issues in the field of customs; (c)), where appropriate, to introduce new or amended legislation and procedures and to ensure their entry into force in a way that allows traders to prepare it well. The Parties shall make publicly available the appropriate administrative announcements, including agency requirements and entry procedures, ports and border inspection posts, the existing working time of the Customs authorities and operating procedures, as well as contact information for requesting, and (d)) to promote business and the relevant administration cooperation, using tools such as the memorandum of understanding. 46. Article 1 of the customs valuation. the trade under this agreement, the customs value shall be determined on the basis of the agreement on article VII of GATT 1994 ("the WTO agreement on customs valuation"). 2. the Parties shall cooperate in order to agree on a common approach to issues related to the determination of the customs value. 47. Article customs harmonisation of standards at the level of the regions 1. the Parties shall encourage customs legislation, procedures, standards and requirements. 2. each Party shall establish such content and pace of the process. 48. Article duck the EPA National Aid customs administrations 1. the parties recognise the importance of supporting the countries of SADC EPA customs administrations for the implementation of this chapter in accordance with Chapter III of part I of the regulations. 2. the following Priority areas of support are: a) modern techniques, including the use of: (i)), (ii) risk management) control after release; and III) automation of customs procedures; (b)) the determination of the customs value, classification and control of rules of origin, including the end to comply with article 43 paragraph 1 (j)); (c) the promotion and regional transit) transit efficiency measures; d) transparency issues in relation to all of the trade publishing and management, as well as the relevant fees and formalities; e) such procedures and practices, and which reflects the implementation of international instruments and standards applicable in the field of trade and customs, inter alia, the revised Kyoto Convention on the simplification and harmonization of customs procedures and standards for the global trade WCO security and facilitation. 3. the parties recognise the need to make a specific evaluation research needs to take into account the situation in each country, through the WTO and WCO needs assessment tools or any other instrument, for which the mutual agreement. 49. Article 1 of the transitional mode. Parties recognize the need for transitional arrangements to ensure the smooth functioning of the provisions of this chapter. 2. Taking into account the need to increase the capacities of customs and trade facilitation and, without prejudice to those of WTO rights and obligations, the EPA countries DHAKA used eight (8) years of a transitional period to comply with this chapter 27, 43, 44 and 45. the requirements referred to in article, if at the time of entry into force of this agreement there is a need for such capacity-building. 3. If the capacity is not yet reached, the Joint Council may decide on the extension of the transitional period of two (2) years. 50. Article customs and trade promotion Special Committee 1. The Parties shall establish a customs and trade promotion Special Committee, consisting of representatives of the parties. 2. Customs and trade promotion mission of the Special Committee are the following: (a) to this chapter) to monitor and manage the implementation and Protocol I; (b)) to provide a forum to consult and discuss any matter relating to customs, including rules of origin, General Customs procedures, customs valuation, tariff classification of transit and mutual administrative assistance in customs matters; (c)) to promote the rules of origin and related customs procedures, General Customs procedures and mutual administrative assistance in customs matters in the development, application and implementation; (d)) to promote cooperation and capacity-building in the field of technical assistance; (e) to follow article 47); (f)) to determine its own rules of procedure; and (g)) to address any other issues on which the parties have agreed to the provisions of this chapter. 3. the Parties shall agree on the above customs and trade promotion Special Committee meeting date and agenda. 4. Customs and trade facilitation of the Special Committee shall be presided in turn by each of the parties. 5. Customs and trade promotion Special Committee is subject to the trade and Development Committee. Chapter v technical barriers to trade in the multilateral obligations Article 51 1. The Parties affirm commitment to the rights and obligations provided for in the WTO agreement on technical barriers to trade (WTO TBT agreement "). 2. Those rights and obligations are based on the actions that the Parties shall take place in accordance with this chapter. Article 52 the aim of: (a) the parties agree to cooperate to promote) and expand the trade in goods between them, identifying, preventing and eliminating unnecessary barriers to trade under the WTO TBT agreement; (b)) to cooperate in strengthening regional and particularly the national integration and EPA SADC cooperation in matters relating to TB; and (c)) to establish and improve the countries of SADC EPA technical capacity on issues affecting the TBT. 53. Article scope and definition 1. The provisions of this chapter apply to standards, technical regulations and conformity assessment procedures as defined in the WTO TBT agreement, in so far as they affect trade covered by this agreement. 2. in this chapter, the WTO TBT agreement definitions used. Article 54 Cooperation and regional integration, the parties agree that it is important that cooperation between national and regional authorities, which addressed issues relating to TBT in the public and private sectors, to facilitate trade within the region and between the parties, as well as the regional integration process as a whole and, therefore, undertake to cooperate in this respect. 55. Article 1 of the Transparency the parties reaffirm the principle of transparency in the application of technical regulations and standards under the WTO TBT agreement. 2. the parties recognise the importance of the information, consultation, communication and exchange mechanisms which apply to technical regulations and standards under the WTO TBT agreement. 3. the parties agree to establish an early warning system to ensure that the SADC EPA States are informed in advance about the new EU measures, which may affect the EPA SADC countries ' exports to the EU. The Parties shall use existing optimal mechanisms and avoid unilateral mechanisms of multilateral or unnecessary duplication. 56. Article measures relating to technical barriers to trade the parties agree to identify and implement mechanisms that are best suited to specific priority issues or sectors, including those supported by the WTO TBT agreement. These mechanisms may include the following: (a)) with the intention of strengthening cooperation to simplify access to their respective markets, improving the mutual knowledge and understanding of their respective systems, standards, technical regulations, metrology, accreditation and conformity assessment; (b)), to exchange information, to identify and implement appropriate mechanisms for particular issues or sectors, namely as regards the adaptation of international standards, trust the supplier's Declaration of conformity, the internationally recognized quality accreditation use of conformity assessment bodies and international product testing and certification schemes; c) to identify and organize the required sector-specific performance standards, technical regulations and conformity assessment procedures with the aim to create awareness of their respective markets, and facilitating access to them. These sectors will be chosen, taking into account major trading areas, including priority products; (d)) develop cooperation and to develop measures in order to support the WTO-TBT agreement provides for the implementation of the rights and obligations; e) to develop common views and approaches to the technical, regulatory practices, including transparency, appropriate consultation, the need for and proportionality, the use of international standards, conformity assessment requirements, impact and risk assessment practices and enforce market supervision; f) whenever possible, areas of mutual interest to promote the approximation to international standards and the use of these standards, technical regulations and conformity assessment procedures; g) commit to in the future to consider the negotiation of mutual recognition agreements mutual economic interest sectors; (h)) to foster cooperation between the parties ' organizations, respectively, responsible for technical regulations, metrology, standardisation, testing, certification, accreditation, and checking and i) to promote the participation of SADC EPA in international standard-setting organizations. 57. Article Marketing and development functions of the TBT Committee issues the parties agree that the trade and Development Committee may: (a)) to monitor and review the implementation of this chapter; (b) ensure coordination and consultation) on TBT issues; c) to identify and review priority sectors and products, as well as the resultant priority areas of cooperation; (d)) in the case where the usefulness and to provide recommendations for the amendment of this chapter; and (e)) to consider any other matters on which the parties have agreed to the provisions of this chapter. 58. Article Capacity building and technical assistance 1. Parties recognize that the attainment of the objectives of this chapter, the importance of cooperation on technical regulations, standards, metrology, accreditation and conformity assessment areas. 2. The parties agree that cooperation in the priority areas are: (a) exchange of expertise) for appropriate measures, including appropriate training, to ensure that the EPA countries DHAKA standardisation and conformity assessment structures and permanent technical competence as well as mutual understanding between the following structures, which are located in the territories of the parties; (b) the capacity of the countries of SADC EPA) developing technical regulations, metrology, standards, accreditation and conformity assessment, including the creation or upgrading of laboratories and other equipment. In this regard, the parties recognise the importance of strengthening regional cooperation and the need to take into account the priority products and sectors; (c)) on the relevant international standards based on harmonised technical regulations, standards, metrology, accreditation and conformity assessment procedures, the development and adoption of SADC EPA States; (d) support national EPA DHAKA) participation in international standardisation, accreditation and metrology activities; and (e)) information on TBT issues request and create the place of supply of the EPA countries DHAKA. Chapter VI, sanitary and phytosanitary measures article 59 multilateral obligations 1. The Parties affirm commitment to the rights and obligations established in the agreement on the application of sanitary and phytosanitary measures (WTO SPS Agreement "), the International Plant Protection Convention (IPPC" "), the CODEX Alimentarius Commission and the World Organisation for animal health (OIE" "). 2. Those rights and obligations are based on the actions that the Parties shall take place in accordance with this chapter. Article 60 the parties agree: (a)) to promote trade and investment in the countries of SADC EPA and between the parties, while ensuring that the measures adopted are applicable only in so far as it is necessary for the protection of human, animal or plant life or health under the WTO SPS agreement; (b)) to cooperate for regional integration and in particular the strengthening of cooperation between the countries of SADC in the EPA on sanitary and phytosanitary measures (the "SPS measures") and the problems that SPS measures for the products and the priority specified in sections in the the development of priority sectors listed in annex VI, while taking due account of regional integration; (c)) to promote cooperation aimed at the appropriate level of protection in recognition of the SPS measures; and (d)) agree to establish a SADC EPA countries and encourage the technical capacity to implement and monitor SPS measures, including promoting international standards and other issues with the SPS for more use. 61. Article scope and definition 1. The provisions of this chapter apply to SPS measures set out in the WTO SPS agreement. 2. in this chapter, the definitions used in the WTO SPS Agreement and international standard-setting bodies, namely, the CODEX Alimentarius Commission and the OIE, IPPC. 62. Article 1 the competent authorities of the respective SPS authorities. the parties, the competent authorities empowered to implement the measures referred to in this chapter. 2. the parties under this agreement, inform each other of their respective competent authorities and on the SPOT. Article 63 transparency 1. Parties under the WTO SPS agreement reaffirms the principle of transparency, the SPS measures. 2. the Parties shall, in accordance with the WTO SPS Agreement recognises the importance of the information, consultation, communication and exchange mechanisms relating to SPS measures. 3. The importing party shall inform the exporting Party for all its sanitary and phytosanitary import requirements change, which may affect trade covered by the scope of this chapter. The parties undertake to establish appropriate such information exchange mechanisms. 4. the Import conditions, the parties will apply the setting or County Zoning discovery, taking account of the international standards. In order to avoid trade disruption, side view, on a case-by-case basis, specific sanitary or phytosanitary status of the area or areas you can also identify and propose joint. 64. Article 1 of the exchange of information the parties agree to establish an early warning system to ensure that the SADC EPA States are informed in advance about the new EU SPS measures which may affect the EPA SADC countries ' exports to the EU. If necessary, the system developed, based on the existing mechanisms. 2. the parties agree to cooperate in the field of plant health, as well as further developing the animal disease epidemiological surveillance network. The Parties shall exchange information on known and immediate danger of creative pest and disease detection, the other side. 65. Article Marketing and development functions of the SPS Committee in matters of trade and Development Committee may: (a)) to monitor and review the implementation of this chapter; (b)) to provide advice and guidance, to achieve the objectives of this chapter, in the course of its implementation; (c) ensuring the exchange of information) and the cooperation of the discussion forum; (d)) in the case where the usefulness and to provide recommendations for the amendment of this section e) to review the priority products and sectors included in the list in annex VI, as well as the resulting priority areas of cooperation; (f) to promote SPS) development of measures and in the application; and (g)) to discuss any other issues in this area. 66. Article consultation If either party considers that the other party has taken steps that may affect or have affected the access to its market, is organized the consultation to avoid unnecessary delays and to find appropriate solutions in accordance with the WTO SPS agreement. In this regard, to facilitate communication and sharing of information, the Parties shall notify each other of the sanitary and phytosanitary expertise of the names and addresses of contact points. 67. Article collaboration, capacity-building and technical assistance, the parties agree: (a)) to promote cooperation between their authorities equivalent; (b) cooperate by facilitating measures) coordination at the regional level and an appropriate legal framework and policies of SADC EPA States and the development between them, thus promoting investment and trade between regions; and (c)) to cooperate in such priority areas: (i) building technical capacity) of SADC EPA States in the public and private sectors, to ensure the application of sanitary and phytosanitary control, including training and awareness measures, certification of inspection, monitoring and control; (ii) capacity building of SADC EPA) countries to maintain and expand market access opportunities; (iii) capacity building) to ensure that the measures adopted do not create unnecessary obstacles to trade, while recognizing the right of the parties themselves to determine their appropriate level of protection; (iv) promote technical capacity) to implement and monitor SPS measures, including promoting the wider use of international standards; v) promoting cooperation, implementation of the WTO SPS agreement, in particular by strengthening SADC EPA States notification procedures and the operation of enquiry points, as well as other matters in relation to the relevant international standard-setting bodies; vi) capacity development of risk analysis, reconciliation, compliance, testing, certification, residue monitoring, traceability and accreditation, including upgrading or creating laboratories and other equipment to help SADC EPA States to comply with international standards. In this regard, the parties recognise the importance of strengthening regional cooperation and the need to take into account the priority products and sectors, determined in accordance with this chapter; and VII) support for the participation of the national EPA DHAKA in relevant international standards-setting bodies. Chapter VII, article 68 of the Agricultural cooperation in the field of agriculture 1. Parties stressed the fact that the agricultural sector of SADC EPA States is of great importance in relation to food security, employment in rural areas, farm income and rural economic development, and it is the basis for industrialization and sustainable development, as well as contribute to the attainment of the objectives of this agreement. 2. From the date of entry into force of this agreement, the use of export subsidies for agricultural products in trade between the parties is not allowed. 3. the EU and the SADC EPA States to create a partnership in the field of agriculture, in order to facilitate the exchange of views between the parties on, inter alia, on agriculture, food security, development, regional value chains and integration. The scope of agricultural partnerships and operational rules to be defined by common agreement between the parties and in doing so the Committee mentioned in article 103. CHAPTER VIII CURRENT PAYMENTS AND Capital movements article 69 current payments 1. subject to article 70 and 71, the parties undertake not to impose any restrictions on payments and allow all current payments transactions between the residents to make a freely convertible currency. 2. the parties may take the measures necessary to ensure that the provisions of paragraph 1 are used to make such transfers, which do not comply with the laws and regulations of the party. 70. Article precautionary measures 1. If, in exceptional circumstances, payments and capital movements between the parties cause or threaten to cause serious difficulties in connection with the operation of monetary policy or exchange rate policy in one or more SADC EPA States or in one or more Member States of the European Union, the EU or the EPA National DHAKA can determine the absolute necessity, with payments and capital movements related to protective measures for a period not exceeding six (6) months. 2. The Joint Council shall be informed immediately of any safeguard measures and adopted as soon as possible, on a timetable for their removal. Article 71 of the balance of payments problem If one or more Member States of the European Union or a State EPA DHAKA face severe balance-of-payments or external financial difficulties or threat of such difficulties exist, that party may adopt restrictive measures which are in accordance with the conditions established under the WTO agreement and the International Monetary Fund (IMF) agreement to Treaty articles, the duration of which is limited and must not exceed the balance of payments problem solving necessary measures. The party has adopted or maintained, such measures, it shall immediately inform the other party and as soon as possible submit to the abolition of the measures concerned. Chapter IX service trade and investment article 72 the parties recognize for trade in services and the growing importance of investment to economic development, and reaffirms its commitments in the area of services in accordance with the Cotonou Agreement, article 41 to 43 and their respective rights and obligations under the General Agreement on trade in services ("GATS"). 73. Article 1 of the trade in services, the parties may conduct negotiations on trade in services, to extend the scope of the agreement. In this case, Botswana, Lesotho, Mozambique and Swaziland ("the Member States of SADC EPA"), on the one hand, and the EU, on the other hand, already have begun and will continue negotiations on trade in services. 2. The negotiations between the EU and the SADC EPA States shall observe the following principles: (a) covering trade in services) negotiations on the liberalization of the definitions and principles; (b) covers obligations call list), which sets out the conditions applicable to the services trade liberalisation. These conditions are listed for each liberalized sector and, where appropriate, include market access and national treatment restrictions, as well as the transitional period for liberalisation; c) negotiations also affect rules governing services trade liberalization; (d) liberalisation of trade in services) meet the requirements of article V of the GATS; e) services trade liberalisation is reciprocal and asymmetric, respecting the needs of the Member States of SADC EPA development. It can also mean the rules on cooperation and on special and differential treatment for inclusion; f) negotiations based on the relevant provisions of the existing applicable legislative regulējumo. 3. the EU and SADC EPA Member States of SADC EPA Member States agree to cooperate in the improvement of the legal framework, as well as to ensure that the commitments resulting from the negotiations, implementation, in accordance with article 13, paragraph 5. The parties recognize that, in accordance with paragraph 8 of article 13 of the trade capacity building can help to develop economic activities. 4. If a party not participating in the agreement on trade in services, the conclusion of negotiations which is in accordance with paragraphs 1 and 2, wants it to join, it can negotiate on the conditions for its accession to that agreement. 5. If an agreement designed for 1 and 4 above, the outcome of the negotiations is not compatible with the SADC regional services in the further development of the system, the parties negotiating with the aim to adapt it to the regional system, while maintaining the benefits of balance. Article 74 trade and investment the EU and SADC EPA 1 Member States agree on cooperation in investment, in accordance with article 13, paragraph 6, and may consider the opening of negotiations on the future investment agreement for the economic sectors except services. 2. If the party does not participate in the investment agreement, the conclusion of the negotiations which have taken place in accordance with paragraph 1, wants to join, it can negotiate on the conditions for its accession to that agreement. 3. If the agreement is drawn up in points 1 and 2 intended for the negotiations, the outcome is not consistent with the regional investment DHAKA, further development of the system, the Parties shall endeavour to adapt those agreements in the regional system, while maintaining the benefits of balance. Part III DOMSTARĪB troubleshooting and tuning chapter I objective and scope the objective of article 75 1. Part III aims to prevent and adjust any dispute between the parties concerning the interpretation and application of this agreement, the common agreement on a solution. 2. Disputes relating to collective action in the sphere of DM, DMS, the application of this part of the Act, and the collective EU action against DM in General. 3. Disputes related to any individual State EPA action DHAKA area, the State EPA, DHAKA in applying this subparagraph, acting individually and the EU take action only against the State, which they believe has violated any of the provisions of this agreement. 76. Article 1 of the scope of part III shall apply to all disputes regarding the interpretation and application of this agreement, unless expressly stated otherwise. 2. irrespective of paragraph 1 of article 98 of the Cotonou Agreement lays down the procedure applicable in the event a dispute arises between the parties with respect to the financing of development cooperation. Chapter II the consultation and mediation consultation article 77 1. Parties shall endeavour to resolve any dispute referred to in article 76, starting in good faith consultations with the aim of achieving a peaceful solution. 2. the party proposing the consultation by sending a written request to the other party, a copy of which was sent to the Committee of trade and development, specifying the measures and provisions of this agreement that it considers the measure does not match. 3. the consultations held forty (40) days from the request the date of receipt. The consultation considered the completed sixty (60) days from the date of receipt of the request, unless both parties agree to continue. All information disclosed in the course of the consultation, is confidential. 4. In cases of urgency, including those relating to perishable or seasonal goods, consultations held fifteen (15) days from the date of receipt of the request, and is considered complete within thirty (30) days from receipt of the request. 5. If the consultations do not take place 3 or 4, respectively, in the point within the time limits, or when it is complete, but no agreement has been reached on a mutually agreed solution, the applicant may request the Arbitration Board to create, in accordance with article 79. 78. Article 1 of the Mediation. If the consultations have not led to a mutually agreed solution, the parties may, by mutual agreement, to use the mediator. Unless the parties otherwise agree, the mediator's work is related to the issue that is mentioned in the consultation request. 2. Unless the parties agree on specific mediators of fifteen (15) days from the date of the agreement on the request of the mediator, the trade and Development Committee (-a) or the representative (s) drawing lots of choice of mediators from the persons who are in the list referred to in article 94 and no party nationals. Choice of twenty-five (25) days from the date of the agreement to request the mediator and a representative of each of the parties in the presence of. The mediator not later than thirty (30) days after the appointment, convene a meeting with both sides. The mediator not later than fifteen (15) days prior to the day the meeting receives the application of each of the parties and shall issue an opinion no later than forty five (45) days after the appointment. 3. The Mediator's opinion may include a recommendation on how to solve the dispute in accordance with the provisions of this agreement. The mediator's opinion is not binding. 4. the parties may agree on the time limits referred to in paragraph 2 of the amendment. Also, the mediator may decide on amendment of that period at the request of either party or on its own initiative, subject to the specific difficulties faced by the party concerned, or the complexity of the case. 5. Any process involving mediators, in particular all information disclosed by the parties and accepted position within it, is confidential. Chapter III DISPUTE settlement procedures article 79 arbitration proceedings 1. If the parties have failed to resolve the dispute in consultations, as provided for in article 77, or with the help of the mediators, as provided for in article 78, the applicant may request the Arbitration Board be created. 2. the request for a Board of arbitration shall be submitted in writing to the respondent party and the trade and Development Committee. The claimant party in certain parts of the description in the request concluded the measures and explain the manner in which such measures are a violation of the provisions of this agreement. 80. Article 1 of the arbitration board the Arbitration Board of the establishment. There are three (3) arbitrators. 2. Each party within ten (10) days after the creation of the Tribunal receiving the request shall appoint one arbitrator. Two (2) arbitrators twenty (20) days after the creation of the Tribunal receiving the request shall appoint a third arbitrator, who is the Chairman of the Arbitration Board. The Chairman of the Arbitration Board is neither a party nor a national resident in their territory. 3. If the twenty (20) days are not appointed all three arbitrators or if ten (10) days from the date of the appointment of the third arbitrator by either party submits a reasoned written objections to the trade and Development Committee against the selected arbitrators, either party may request the trade and Development Committee Chairman (-OH) or his (s) delegated to the person drawing lots to choose all three (3) arbitrators from the list given in article 94 – one person from being proposed by the applicant party, one person from being proposed by the defending party, and one person from the selected arbitrators by the parties, and this person will be the Chairman. If the parties agree on one or more of the members of the Arbitration Panel, any remaining members shall be selected in accordance with the procedure laid down in this paragraph. 4. the trade and Development Committee Chairman or his delegate shall select the arbitrators within five (5) days from the date of any of the parties to the other party's presence has made a request referred to in paragraph 3. 5. The Arbitration Board of the establishment of the day is the day when all the designated three (3) arbitrators. 81. Article arbitration board the Arbitration Board interim report is usually not later than one hundred and twenty (120) days after the date of its establishment shall submit an interim report to the parties, which is a descriptive part, findings and conclusions. In urgent cases, this period is reduced to sixty (60) days. Any party within fifteen (15) days after delivery of the report can be submitted to the Arbitration Board's written comments on specific aspects of the interim report. 82. Article 1 of the arbitration ruling of the arbitral college. one hundred and fifty (150) days from the date of its creation, the ruling parties and communicated to the trade and Development Committee. If it considers that this deadline cannot be met, the Chairperson of the Arbitration Board shall in writing notify the parties and the trade and Development Committee, giving the reasons for the delay and the date when the Arbitration Panel plans to finish the job. The ruling will not in any event be announce later than one hundred and eighty (180) days after the date of the establishment of the Arbitration Board. 2. In cases of urgency, including those relating to perishable and seasonal goods, the arbitration panel shall endeavour to notify the ruling ninety (90) days from the date of its creation. The Arbitration Board within ten (10) days after its establishment may issue a preliminary ruling on whether it deems the case to be urgent. 3. Either party may request the Arbitration Board to provide advice on how the respondent party to catch up. 83. Article award of the arbitral tribunal shall discharge the defendant party shall take all necessary measures for the enforcement of the arbitration award, and the Parties shall endeavour to agree on a deadline in that ruling. 84. Article acceptable term for the execution of judgments 1. Defendant party not later than thirty (30) days after the date of notification of the judgment the Parties shall inform the applicant party and trade and Development Committee for a reasonable period of time, it will be necessary for the enforcement of the arbitration award. 2. After notification is received from the responding party, the Parties shall endeavour to agree on such a reasonable period of time. If no unity between the parties on the reasonable length of the period required for the execution of the arbitration ruling, the claimant party thirty (30) days of the notification referred to in paragraph 1, in writing, request the original arbitration panel to determine within a reasonable time. For such a request at the same time notify the responding party and the trade and Development Committee. The Arbitration Board within thirty (30) days after the date of receipt of the request shall notify the ruling of the trade and Development Committee and the parties. 3. The Arbitration Board, in a reasonable length of time, take into account the length of time the defendant party usually need to adopt legislative or administrative measures that are comparable with those of the defendant party identified as necessary for the execution of the ruling. The arbitration panel shall also take into account the capacity constraints and the different levels of development, which may affect the desired measures the respondent side. 4. If the original composition of the Arbitration Board or some of its members unable to attend, the procedure laid down in article 80. Ruling of the period of notice shall be forty-five (45) days of the request referred to in paragraph 2, the date of receipt. 5. By agreement between the parties may extend the deadline. Article 85 arbitration ruling enforcement actions 1 review the defending party to end within a reasonable time notify to the applicant party and the trade and Development Committee of any measures it has taken in the enforcement of arbitration awards. 2. If the parties are in disagreement as to whether the measures notified in accordance with paragraph 1, shall meet the provisions of this agreement, the applicant party may, in writing, request the original arbitration panel to decide the issue. The following describes the measures considered in the request and explain in what way such a measure is incompatible with the provisions of this agreement. The arbitration panel shall notify the ruling of the ninety (90) days from the receipt of the request. In cases of urgency, including those relating to perishable and seasonal products, it shall notify the ruling for forty five (45) days from the receipt of the request. 3. If the original composition of the Arbitration Board or some of its members unable to attend, the procedure laid down in article 80. Ruling of the period of notice shall be one hundred and five (105) days of the request referred to in paragraph 2, the date of receipt. Article 86 temporary protection in the event of non-compliance 1. If the defending party to end within a reasonable time notify about all the measures taken to comply with the arbitration award, or if the Arbitration Panel decides that the measures notified in accordance with article 85, paragraph 1 is not compatible with the provisions of this agreement, the defending party shall provide the compensation offer, at the request of the applicant party. Such compensation may be financial compensation or it may include financial compensation, although the provisions of this Agreement shall not impose on a defendant party the obligation to offer such financial compensation. 2. If no agreement on compensation has been reached within thirty (30) days from the end of or within a reasonable time from the date on which the arbitration panel under article 85 has decided that the measure adopted by the ruling is incompatible with the execution of this agreement, the applicant party may, by notice to the respondent party, to adopt appropriate measures. 3. When adopting such measures, the applicant party shall endeavour to designate the measures that are proportionate to the infringement and the least affect the attainment of the objectives of this agreement, as well as to take into account their impact on the responding party and separate duck EPA national economy. 4. If the EU at the latest by the end of the reasonable period does not notify all the measures taken to comply with the arbitration award, or if the Arbitration Panel decides that the measures notified in accordance with article 85 (1) of the regulation, does not meet the obligations of the parties under this agreement and the applicant party claims that the adoption of appropriate measures to significantly undermine its economy, the EU will consider the provision of financial compensation. 5. the EU will respect the due restraint in requesting compensation or adopting appropriate measures pursuant to paragraph 1 or 2. 6. Compensation or appropriate measures are temporary and apply only until such time as the measure that violates the provisions of this agreement, have not been revoked or amended so as to comply with the terms of this agreement or until the parties have agreed to resolve the dispute. 7.87.86. Agreement and article is equivalent to the measures laid down in the document, "understanding on rules and procedures governing the settlement of disputes (" DSU ")", contained in annex 2 to the WTO agreement. 87. Article review of the measures taken for the execution of the ruling by the adoption of appropriate measures 1. Defendant the claimant party shall notify the party and the trade and Development Committee of any measures it has taken to comply with the arbitration award, as well as the request of the applicant party to terminate the application of the relevant measures. 2. If the parties within thirty (30) days after the date of submission of the communication do not agree on the compatibility of the notified measure with this agreement, the applicant party requests in writing the original arbitration panel to decide the issue. Such request shall be notified to the defendant party and the trade and Development Committee. The arbitration ruling of forty five (45) days after the date of receipt of the request shall notify the parties and the trade and Development Committee. If the Arbitration Board decides that the measure, which made the ruling, does not comply with the provisions of this agreement, it shall determine whether the applicant party may continue the application of the relevant measures. If the Arbitration Board decides that the measure, which made the ruling, comply with the provisions of this agreement, appropriate measures be terminated. 3. If the original composition of the Arbitration Board or some of its members unable to attend, in article 80 apply. Notification of award deadline is sixty (60) days from the date referred to in paragraph 2, the date of receipt of the request. Chapter IV General provisions article 88 a mutually agreed solution, the parties may, at any time in accordance with this chapter You can achieve a mutually agreed solution to the dispute. Its about the following solution reached, notify the trade and Development Committee and the Arbitration Board. Assuming a mutually agreed solution, the dispute settlement procedure is terminated. rules of procedure and article 89 of the code of conduct part 1 twelve (12) months from the entry into force of this agreement, the rules of procedure and agree on a code of conduct taken by the Joint Council. 2. all meetings of the Board of arbitration in accordance with the rules of procedure are open to the public, unless the Arbitration Panel on its own initiative or at the request of the Parties decides otherwise. The Arbitration Board are closed meetings, if either party's submissions or arguments contain confidential information. 90. Article information and technical advice to the Arbitration Board at the request of a party or on its own initiative to get the news from any source it deems acceptable arbitration process, including the parties to the dispute. The Arbitration Board shall also have the right at its discretion to ask the opinion of experts. Stakeholders in accordance with the rules of procedure have the right to submit amicus curiae opinion on the arbitration. In this way, the information is to be communicated to the parties, and they must be given the opportunity to comment. 91. Article submission language 1. Parties ' written and oral submissions prepared in any of the official languages of the parties. 2. any specific procedures in accordance with this part, the Parties shall endeavour to agree on a common working language. If the parties are unable to agree on a common working language, each Party arranges its own written submission of the translation and interpretation into the language of proceedings chosen by the defending party, and bear the costs of translation, unless that language is not an official language of that party. The EU, seeking to agree on a common working language, such costs take into account the potential impact on the SADC EPA States. 92. Article interpretation of an arbitration board interprets the provisions of this agreement in accordance with the usual interpretation of public international law provisions, including those codified in the Vienna Convention on the law of treaties. The Arbitration Board's ruling may not expand or narrow the rights provided for in this agreement and obligations. 93. Article arbitration awards 1. Arbitration Panel shall make every effort to make every decision by consensus. However, if a decision cannot be accepted by consensus, the matter shall be settled by a majority vote. 2. the Ruling shall set out the findings of fact in the case, the relevant provisions of this agreement and the applicability of the reasoning on which the findings and conclusions drawn. Trade and Development Committee of the arbitration award shall be disclosed unless it decides not to do so. 94. the article list of Arbitrators 1. the trade and Development Committee shall, no later than three (3) months after the date of entry into force of this agreement creates twenty-one (21) the list of persons willing and able to act as arbitrators. Each Party shall select eight (8) people that will be the arbitrators. The parties also agree on five (5) persons who are not nationals of either party and who will be the Chairman of the Arbitration Board. Trade and Development Committee shall ensure the maintenance of this list in accordance with this article. 2. The arbitrators have special expertise in matters connected with this agreement or the law and experience in international trade. They are independent, act independently and take instructions from the organization or the Government, they are not related to Governments and parties to respect the rules of the attached code of conduct. 3. the trade and Development Committee may create another list, which contains fifteen (15) persons who have expertise in specific industries in specific matters covered by this agreement. When used in this agreement referred to in article 80 of the selection procedure, the trade and Development Committee with the agreement of the parties can use such a list by sector. 95. Article relationship with WTO obligations set out in this agreement dispute settlement authorities do not consider the dispute, the WTO agreement the parties rights and obligations. 2. The right to use the provisions of this agreement on the settlement of the dispute does not prejudice any action in the WTO framework, including dispute settlement action. However, if one party in accordance with this agreement or the WTO agreement has started the process of settlement of the dispute related to a specific event, it may not launch a dispute settlement process on the same measure in the other institutions before the end of the first process. For the purposes of this paragraph, dispute settlement proceedings under the WTO Agreement shall be deemed to be initiated by submitting a request to the party for the establishment of the College in accordance with article 6 of the DSU. 3. Nothing in this Agreement shall prevent a party from implementing the suspension of duties authorized by the WTO dispute settlement Board. 96. Article deadlines 1. all time limits set out in this part, including the notification of the arbitration panel ruling, the number of time in calendar days from the day following the Act or fact to which they relate. 2. Any period referred to in this paragraph may be extended by mutual agreement between the parties. Part IV General exceptions article 97 of the general exception clause is subject to the requirement for such measures are not applied in a way that leads to arbitrary or unjustifiable discrimination between parties where the same conditions exists, or a disguised restriction on international trade, nothing in this Agreement shall not be construed to prevent a party to determine whether to execute the measures: (a)) necessary for the protection of public morality; (b)) require human, animal or plant life or health; (c)) refers to the gold or silver import or export; (d)) are required to ensure compliance with the laws and regulations which are not inconsistent with the provisions of this agreement, including those relating to smuggling, the implementation of the operation of monopolies, which are in accordance with the GATT article II and article XVII, patent, trademark and copyright protection, and the prevention of unfair practices; e) associated with the prisoners made products; f) national art, historical and archaeological value; g) refers to the inexhaustible natural resources if such measures are implemented in the context of local production and local consumption limits; (h)) are carried out pursuant to obligations arising out of any such intergovernmental agreement on consumer goods, which meet the GATT Contracting Parties submitted criteria, which they have not rejected or that the text has not been submitted and rejected (1); I) associated with domestic restrictions on the export of materials, to ensure the domestic processing industry significant quantities of such material at a time when according to the Government's stabilization plan, the domestic price of such material is stored at a level that is lower than the world price, provided that such restrictions do not work, to increase such domestic industries, the volume of exports or its level of protection, and that they do not conflict with the provisions of the agreement on non-discrimination , or j) is essential to the articles which are missing at all, or at the local level, the acquisition or for distribution, provided that such measures are compatible with the principle that the parties and the SADC EPA States is entitled to the equivalent of the international supply of such products, and that any part of such measures, which are not compatible with the other provisions of this agreement will be terminated as soon as the conditions no longer exist, which were the basis for the determination.
the exceptions under this paragraph 1 shall apply to any agreement on consumer goods, which shall correspond to the economic and Social Council on 28 March 1947 resolution No. 30 (IV) approved principles.
98. Article exceptions for safety reasons 1. Nothing in this Agreement shall be interpreted so that it: (a)) makes any party to provide information if it considers that the disclosure of information contrary to its essential security interests; or (b)) shall refrain from any party from taking any action which it considers necessary for its essential security interests: (i)) relating to fissionable materials or the materials from which they are derived, or (ii)) relating to arms, munitions and military equipment trafficking and other illegal goods and materials trade, directly or indirectly, occurs with the goal of supplying military formations, or III) in time of war or other emergency in international relations; or (c)) shall refrain from the side of the steps that must be carried out in accordance with the Charter of the United Nations in international peace and security. 2. the trade and Development Committee shall be informed of the measures taken under paragraph 1 (b)), and (c)), and for their termination. Article 99 taxation 1. Nothing in this agreement or in the text of the arrangement adopted under this Agreement shall be construed in a way that prevents any party applying their fiscal legislation the relevant provisions to distinguish between taxpayers who are not in identical situations, in particular in the context of their place of residence or the place where their capital is invested. 2. Nothing in this agreement or in the text of the arrangement adopted under this Agreement shall not be construed that it prevents or execute the measures aimed at preventing the avoidance or evasion of taxes pursuant to the tax provisions of agreements on the avoidance of double taxation, or other tax regimes in the area of national fiscal legislation. 3. Nothing in this Agreement shall affect any rights and obligations of the parties under any tax Convention. This agreement and any such Convention shall prevail in case of conflict the Convention as it relates to the contrary. Part v institutional provisions article 100 the Joint Council established By the EPA in the United States and EU, DHAKA Board ("Joint Council"), which monitors and manages the implementation of this agreement. 101. Article composition and terms of reference 1. Joint Council, on the one hand, the members of the Council of the EU and the European Commission members or their representatives and, on the other hand, the respective Ministers of SADC EPA States or their representatives. The first joint meeting of the Council chaired by the parties together. 2. Issues where this Agreement Act in DMS, DMS collective scope of this provision of the Act and the EU collectively go to the DM in General. Issues where Member States this provision DMS scope act individually in a particular Member State follow DMS individually and the EU turns to the specific Member State of DMS. 3. Without prejudice to article 15 of the Cotonou agreement in certain tasks of the Council of Ministers, the Joint Council: a) is responsible for the operation and implementation of this agreement, and monitors its objectives; (b)) shall consider any key issues arising in connection with this agreement and which raise questions of common interest and affect trade between the parties; (c) Parties) examine proposals and recommendations relating to the revision of this agreement; d) prepare appropriate recommendations; e) monitor the parties ' economic and trade relations; f) monitor and assess this agreement of the provisions on cooperation for sustainable development; g) monitor and review the performance of all matters covered by this agreement; h) determine its own rules of procedure; I) determined by the trade and Development Committee's rules of procedure; j) monitors the trade and Development Committee; and k) carry out any other obligations under this agreement. 4. The Joint Council may provide regular reports on the operation of this agreement to the Council of Ministers, set up in accordance with article 15 of the Cotonou Agreement. 102. Article decision-making powers and procedures 1. to achieve the objectives of this agreement, the Joint Council shall have the power to take decisions on all the subjects covered by this agreement. 2. decisions of the Joint Council are taken by consensus, and they are binding on the parties. Parties shall take all necessary measures to implement such decisions in accordance with the internal rules of each party. 3. the procedures and dispute settlement procedures, the Joint Council shall adopt decisions and recommendations by mutual agreement. 4. The Joint Council shall meet regularly, at least every two (2) years, but, if necessary, extraordinary meetings if the parties so agree. 103. Article Marketing and Development Committee 1. The Joint Council shall be assisted in carrying out its duties the trade and Development Committee, composed of representatives of the parties, which are usually high ranking officials. 2. the trade and Development Committee shall be chaired by a representative of each party in turn by one year. The first trade and Development Committee meeting chaired by the parties together. 3. the Committee may set up a special technical group to address specific issues within their competence. 4. the Committee shall establish the special rules of procedure of the technical group established under paragraph 3 of this article. 5. The said Committee shall be subject to the Joint Council. 6. The said Committee shall adopt decisions or prepare recommendations in the cases provided for in this agreement or where such powers delegated to it by the Joint Council. In this case, the Committee shall take its decisions by consensus. 7. The Committee shall in particular have the following tasks: (a)) in the field of trade-i) to monitor and evaluate the implementation of the joint decision of the Council, to facilitate and monitor ii) the provisions of this agreement, (iii) implementation) to consider and recommend to the Joint Council the cooperation priorities, prepare recommendations iv) Joint Council, in order to avoid possible conflicts in the fields covered by this agreement, v) to perform any other tasks entrusted to it by the Joint Council , vi) monitor referred to in paragraph 3, the special technical group, VII) to monitor regional integration and economic and trade relation development, VIII) discuss and take action that can facilitate mutual trade, investment and business opportunities, and ix) discuss any matters related to this agreement, as well as problems that may affect the achievement of its objectives; (b)) in the field of development cooperation-i) to monitor the cooperation provided for in this agreement, the implementation of the provisions and coordinate this activity with the donors, who are third parties, (ii)) make recommendations on cooperation between the Parties, relating to trade, III) periodically review the priorities set out in this agreement in the field of cooperation and, where appropriate, to make recommendations for the inclusion of new priorities, iv) to review and discuss cooperation issues relating to regional integration and the implementation of this agreement and (v)) to monitor and evaluate the impact of the implementation of this agreement on the sustainable development of the parties. Part vi General and final provisions article 104 party definition and obligations 1 the parties to this agreement are Botswana, Lesotho, Namibia, South Africa, Swaziland and Mozambique, on the one hand ("DUCK EPA States") and the European Union or its Member States or the European Union and its Member States in their respective areas of competence, as set out in the Treaty on European Union (TEU) and the Treaty on the functioning of the European Union (TFEU) on the other side (the "EU"). 2. The term "party" refers to the SADC EPA States, acting individually, on the one hand, or, where appropriate, to the EU, on the other hand. 3. If this agreement is a reference to the DM, as for example, article 25, paragraph 1, 35 and 34. Article 101 and the. Part III, Botswana, Lesotho, Namibia, South Africa and Swaziland acting collectively, as laid down in the agreement of DM. 4. The Joint Council may decide on changes in the application of paragraph 3. 5. the Parties shall adopt any general or specific measures required to fulfil his duties of this agreement and shall ensure that they comply with the objectives set out in this agreement. 105. Article 1 of the exchange of information to facilitate communications concerning the effective implementation of this agreement, the Parties shall designate one contact to share information after the date of entry into force of this agreement. The choice of one of the contacts for the exchange of information without prejudice to the designation of the competent authorities in accordance with the specific provisions of this agreement. 2. At the request of either party, the other party's contact point Office or official responsible for issues relating to the implementation of this agreement, and shall provide the necessary support to facilitate communication with the requesting party. 3. At the request of either party, the other party to the legal capabilities, provide information and quickly answer any question relating to the actual or proposed measure that might affect trade between the parties. 106. Article 1 Transparency. the Party shall publish or make publicly available its generally applicable laws and regulations, procedures and administrative rulings and any other obligations in accordance with any international agreement, any trade matter covered by this agreement. All such measures adopted after the entry into force of this agreement, shall be communicated to the other party. 2. Without prejudice to the specific measures provided for in this agreement, the provisions of transparency, it is considered that the information in this article has been communicated to the other party if it has made available: (a)) with the appropriate statement of the WTO; or (b)) official, publicly available free on the Web site; or (c)) the other hand contact. If, however, the EU has provided such information and it is notified to the WTO, by means of an official, publicly available free Web site, the EPA countries DHAKA capacity limitations have impeded access to such Web site, you can request the EU to provide such information to appropriate contacts. 3. Nothing in this Agreement shall not impose an obligation on any party to provide confidential information, the disclosure of which would impede law enforcement or otherwise catching would be contrary to the public interest, or which restrict a particular public or private enterprises legitimate commercial interests, except in so far as it must be manifested in connection with this agreement, the dispute settlement process. If part III created the Arbitration Board deems such disclosure necessary, it provides complete confidentiality. 107. Article temporary difficulties in connection with the implementation of a party that difficulties arise in fulfilling the obligations set out in this agreement are the factors that influence, it shall immediately inform the Joint Council. 108. Article regional preferences 1. Nothing in this Agreement shall oblige a party to the other party the obligation to apply the mode that is more favourable than that which applies to its respective regional integration process. 2. any more favourable treatment and benefits State EPA of any DUCK in accordance with this agreement may be assigned to the EU, due also to the other SADC EPA States. 109. Article 1 EU outermost regions taking account of the EU's outermost regions and geographical proximity of the countries of SADC EPA, in order to reinforce economic and social links between these regions and the SADC EPA States parties shall endeavour to facilitate cooperation between the EU'S outermost regions and DUCK all the EPA States in the area covered by the agreement. 2. the purpose of article, whenever possible, implement, promote the SADC EPA States and the outermost regions of the EU joint participation in the EU framework programmes and specific programmes in the area covered by this agreement. 3. the EU will seek to ensure coordination between the various EU cohesion and development policy financing instruments to promote cooperation between the SADC EPA States and the outermost regions of the EU in the area covered by this agreement. 4. Nothing in this the agreement does not prevent the EU from applying existing measures aimed at addressing the outermost regions of the EU social and economic situation of structural problems, respecting article 349 TFEU. This provision does not allow trade between the parties to maintain tariffs, except as permitted under annex I, part III, paragraph 2. 110. Article relationship with the Cotonou Agreement, the Cotonou Agreement 1 except for part 3, section II, the provisions on development cooperation, and this agreement, the Cotonou Agreement part 3, section II, in the case of breach of the terms of the preference provisions of this agreement as it relates to the contrary. 2. Nothing in this Agreement shall be construed as barring any party to take appropriate measures, under the Cotonou Agreement. Article 111 the relationship with the TDCA relationship between this agreement and the rules of Protocol 4 of the TDCA provisions. 112. Article relationship with WTO agreement the parties agree that nothing in this agreement requires them to act not according to their WTO obligations. 113. Article into spēkā1 1. this Agreement shall be signed, ratified or approved by the parties in accordance with applicable constitutional or internal rules and procedures. 2. This agreement shall enter into force thirty (30) days following the deposit of the final instrument of ratification, acceptance or approval. 3. the EU and the SADC EPA States shall agree to apply the provisions of this agreement in its fields of competence until the entry into force of this agreement ("provisional application"). This is achieved by provisional application where possible, or ratifying this agreement. 4. this Agreement shall apply provisionally between the EU and SADC EPA State after ten (10) days of notification of the provisional application of the EU or of receipt of the notification of ratification or provisional application from the appropriate EPA National DHAKA, selecting the last of the dates. 5. provisional application of the agreement between the EU and some Member of the DMA does not extend to agricultural market access concessions and fishery products market access concessions referred to in article 24, paragraph 2, and article 25, paragraph 1, and which is contained in annexes I and II, of the tariff lists are marked with an asterisk (*), until all members have ratified the DMS or started to apply this Agreement provisionally. 6. the provisional application of the agreement or the entry into force between the EU and some Member of the DMA does not extend to agricultural market access concessions referred to in article 24, paragraph 2, and article 25, paragraph 1, and which is contained in annexes I and II, of the tariff lists are marked with an asterisk (*), until all the Protocol referred to in article 16. 7. Notification of provisional application, or to send the ratification the Secretary-General of the Council of the European Union, which is the depositary of this agreement. A certified copy of the notification shall be submitted to the Executive Secretary of the Secretariat of SADC. 8. If the parties before the entry into force of this agreement, shall decide on its provisional application, then all references in this agreement to the date of entry into force shall be construed as references to such a provisional start date of application.
1 of the Protocol on geographical indications and on trade in wines and spirit drinks parties with the obligations set out therein.
114. Article 1 of the agreement duration. this Agreement shall remain in force indefinitely. 2. Any party may notify in writing of its intention to denounce this agreement. 3. The denunciation shall take effect six (6) months of the notification referred to in paragraph 2. 115. Article 1 of the area of application this Agreement shall apply, on the one hand, to the territories in which the LES and ARTICLE, and in accordance with the conditions laid down in the treaties and, on the other hand, to the territory of the EPA in DHAKA. 2. references to the term "territory" in this agreement means the means. 116. Article review clause 1. the parties agree to review this agreement in its entirety no later than five (5) years from the date of its entry into force. This review does not affect the other customization, the revision or recasting, which are provided for in the agreement, for example, paragraph 2 of article 12, paragraph 8 of article 16, article 17, paragraph 5 of article 18, paragraph 5 of article 26, paragraph 10, point 3 of article 33, article 35, paragraph 6, and article 65). 2. With regard to the implementation of this agreement, either party may put forward proposals to adjust trade-related cooperation, taking into account the experience gained during the application. 3. The parties agree that it may be necessary to revise these agreements, taking into account further developments in international economic relations and the expiry of the Cotonou Agreement. Amendment 117 article 1. Any party may submit proposals for amendments to this agreement and the adoption of the Joint Council. 2. After approval by the Joint Council amendments to this Agreement shall be submitted to the parties for ratification, approval or acceptance in accordance with their respective constitutional or internal legal requirements. 118. Article accession of new EU Member States, a joint Council 1 shall inform about any application lodged by a third State to become a member of the EU. With regard to the negotiations between the EU and the applicant countries, the EU provides DAK EPA States all relevant information. SADC EPA States to inform the EU on its concerns to the EU would fully take into account, and may request consultations. EU SADC EPA States shall communicate for each new country's accession to the EU. 2. Any new Member State of the EU accede to this agreement from the date of accession, the EU provides the appropriate clauses in the Act of accession. If the Act of accession to the Union following the accession of the EU Member States automatically to this agreement is not for the EU Member State concerned, join the accession depositing with the General Secretariat of the Council of the European Union, which shall send a certified copy of the SADC EPA States. 3. the parties consider the accession of new EU Member States the impact this agreement. The Joint Council may decide on transitional measures or amendments that might be necessary. 119. Article accession 1. Third country or organization which is competent for the matters covered by this agreement, may request the opportunity to accede to this agreement. If the Joint Council agrees to consider such a request, the parties and the State or organization which asked to join, negotiating terms of accession. The Joint Council shall adopt the accession protocol and then it shall be submitted for ratification, acceptance or approval in accordance with their respective constitutional or internal legal requirements. 2. the parties following the report the impact of accession to this agreement. The Joint Council may decide on transitional measures or amendments that might be necessary. 3. Notwithstanding paragraph 1, the parties agree that if Angola will submit the Joint Council request to accede to this agreement, the negotiations on the terms of accession on the basis of this agreement, should take place, taking into account the particular situation in Angola. 120. Article language and authentic texts this agreement is drawn up in duplicate in the Bulgarian, Czech, English, Finnish, French, German, Greek, Dutch, Croatian, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each of these texts being equally authentic. In the event of conflict refers to the language in which took place the negotiations of this agreement. 121. Article of this agreement, the annexes the annexes, protocols and the footnotes are integral part of this agreement. 122. Article rights and obligations under this agreement, nothing in this Agreement shall be construed as conferring any right or obligation of the parties, except the rights and obligations which the parties have established under public international law. In witness whereof, the undersigned Plenipotentiaries have signed this agreement.   The annex and Protocol to the LIST in annex I, the customs duties in the EU country of origin the EPA SADC products annex II DMS customs duties for products originating in the EU Annex III the Mozambique customs duties for products originating in the EU Annex IV preventive measures in the field of agriculture annex V Botswana, Lesotho, Namibia and Swaziland transitional safeguard measures (annex VI) sanitary and phytosanitary areas of priority products and sectors 1. Protocol on the definition of the concept of originating products and methods of administrative cooperation 2. Protocol for mutual administrative assistance in customs matters Protocol of a geographical indication and wine and trade in spirits 4. Protocol on the connection between the TDCA and this agreement, the final act СПОРАЗУМЕНИЕ ЗА ПАРТНЬОРСТВО И ИКОНОМИЧЕСКО ЕВРОПЕЙСКИЯ НЕГОВИТЕ ДЪРЖАВИ ЧЛЕНКИ МЕЖДУ СЪЮЗ, ПО ДЪРЖАВИТЕ И ОТ ЕДНА СТРАНА, ЮАОР, ОТ ACUERD ДРУГА СТРАНА СИП DE ASOCIACIÓN entre LA UNIÓN EUROPEA ECONÓMIC Y SUS Estados MIEMBRO, POR una parte, Y los Estados DEL U.A.E. DE LA SADC SECOND, PORT O HOSPODÁŘSKÉM DOHOD PARTNERSTVÍ UNIÍ A FOREST OF A JEJÍM EVROPSKO ČLENSKÝM STÁTY NA STRANĚ JEDNÉ ARE IN A SADC EPA NA DRUHÉ STRANĚ STÁTY ØKONOMISK PARTNERSKABSAFTAL MELL DAN EUROPÆISK UNION BE A BERRY DAN DEN PÅ EN SIDE MEDLEMSSTATER BERRY-LANDEN OF SADC-ØP PÅ DEN ANDEN WIRTSCHAFTSPARTNERSCHAFTSABKOMMEN ZWISCHEN DER EUROPÄISCHEN UNION SIDE UND IHREN EINERSEIT UND IN DEN MITGLIEDSTAATEN SADC-WP-ANDERERSEIT OF THE STAATENS ÜHEL MAJANDUSPARTNERLUSLEPING POOL THE EUROOPA LIIKMESRIIKID IS ALREADY SELLS THE LIID NING TEISEL POOL OF» VAHEL MAJANDUSPARTNERLUSLEPING BY THE SADC ΟΙΚΟΝΟΜΙΚΗΣ ΕΤΑΙΡΙΚΗΣ ΣΧΕΣΗΣ ΜΕΤΑΞΥ ΣΥΜΦΩΝΙΑ ΕΥΡΩΠΑΪΚΗΣ ΚΑΙ ΕΝΩΣΗΣ ΤΩΝ ΤΗΣ ΚΡΑΤΩΝ ΜΕΛΩΝ ΤΗΣ ΑΦΕΝΟΣ ΚΑΙ ΣΟΕΣ ΤΩΝ ΚΡΑΤΩΝ,, ΚΑΜΑ, ΑΦΕΤΕΡΟΥ ΤΗΣ ECONOMICS PN BETWEEN the EUROPEAN UNION AND its MEMBER States, OF the one part, AND the SADC EPA States, OF the OTHER part of the DE PARTENARI are ECONOMIC ACCORD entre L ' ET SES États European UNION MEMBRI, (D) and ' on the ET LES États DE L ' CDA, APE D ' OTHER SPORAZ of GOSPODARSKOM of the PARTNERSTV of IZMEĐ of EUROPSK of O-UNIJ of ČLANIC of NJEZINIH DRŽAV I S a I STRAN JEDN DRŽAV SGP-a, the SADC's DRUG is in ACCORD to the DI STRANI PARTENARIAT the ECONOMIC UNION of the TRA L ' Europea E I MEMBRI, SUO status in parte, DA and E gli STATI della ADERENT in ALL the SADC APE, DALLAS ' ' ALTR economic partnership agreement between the European Union and its Member States, of the one part, and the SADC EPA States, on the other hand is a European SĄJUNGO VALSTYBIŲ NARIŲ PAVB BEI BECAUSE is a PARTNERYSTĖ for EPS of SUSITARIM VALSTYBIŲ EKONOMINĖ GAZDASÁG PARTNERSÉG in MEGÁLLAPODÁ in EGYRÉSZRŐL, AZ európai UNIÓ ÉS TAGÁLLAM for ÉS MÁSRÉSZRŐL AZ, SADC-PMG-KÖZÖT TA ' to the AGREEMENT in the ÁLLAMOK SĦUBIJ BEJN L-the economics of EWROPE U L UNJON-ISTAT in the MEMBRI tagħha, MIN-Naha, L-WAĦD U L-ISTAT in the SADC EPA, MIN-Naha-PARTNERSCHAPSOVEREENKOMS L-OĦR of TUSSEN DE ECONOMISCH to EUROPES and the EN HAAR ENERZIJD, EN DE LIDSTATEN, SADC-EPA-STATEN, an O-ANDERZIJD UMOW UNIĄ EUROPEJSKĄ PARTNERSTWO GOSPODARCZYM MIĘDZY PAŃSTWAM CZŁONKOWSKIM in JEJU, I, Z JEDNEJ STRONY, Z A PAŃSTWAM DRUGIEJ STRONY, UPG, SADC DE PARCERI ACORD entre a ECONÓMIC A União E OS seus COMMISSION Estados-Membros POR UM LADO, E OS ESTADOS DO APE, POR OUTRO SADC DE PARTENERI ÎNTR-ACORD UNIUNE EUROPEANĂ A ECONOMICS OF STATEL IS AN ALE ȘI MEMBRI ACESTEI, PE DE O PARTE A LA PĂRȚ, ȘI STATEL APE DIN SADC, PE DE O ALTĂ PARTE HOSPODÁRSKOM PARTNERSTV DOHOD-EURÓPSKO OF ÚNIO A IN MEDZE JEJU ČLENSKÝM ŠTÁTM NA JEDNEJ STRAN, A ŠTÁTM IN THE SADC-NA DRUHEJ SPORAZ OF STRAN IN DHP O GOSPODARSK PARTNERSTV EVROPSK THE UNIJ BY HONEY IN NA, DRŽAVAM ČLANICAM NJENIM IN ENI STRANI DRŽAVAM IN SADC MET The SGP, IZVAJAJ, KI NA to EUROOPAN UNIONIN strani DRUG IF SADC: N TALOUSKUMPPANUUSSOPIMUSVALTIOIDEN SEKÄ JÄSENVALTIOIDEN ANCIENT VÄLINEN TALOUSKUMPPANUUSSOPIM MELLAN PARTNERSKAPSAVTAL of the economic EUROPEAN UNIONEN MEDLEMSSTATER, OCH DESS Å ENA SIDAN OCH DE AVTALSSLUTAND, a SADC-STATERN, Å Съставено в Казан SIDAN Joe десети на две хиляди и шестнадесета година юни. Hecho en el diez de Junio Kasane de DOS mil diecisé. V desátéh červn Kasane is the dn of the šestnác of Ms tisíc. Udfærdige Kasane, den i Tienda tusind og seksten it a jun. Geschehen zu Kasan am zehnten Juni zweitausendundsechzehn. The tuhand of the kuueteistkümnend of aast Kah-juuniku kümnendal päeval of Kasan. Εγινε στο Κασάνε, στις δέκα Ιουνίου δύο χιλιάδες δεκαέξι. Done at Kasane on the tenth day of June in the year two thousand and sixteen. Fait à le dix juin deux Kasane, Mille seize. Sastavljen of desetog lipnj of the Kasane-dvij-tisuć-šesnaest honor. Fatt (a) Kasane, addì Lombardia giugno duemilasedic. Kasan, two thousand years of the sixteenth and tenth in June. Tūkstanči of šešioliktų Priimt du dešimtą dieną Kasanėj metų birželio. Kel Kasanében, a kétezer tizenhatodik a-napján júni of havának év tizedik. Magħmul f għaxar ' Kasane fl-Ġunj-'-you ta fis elfejn u sittax old. Gedaan te Kasane, Juni tweeduizend zestien tien. Sporządzon-w dnia dziesiąteg Kasane czerwca hand of the dw-tysiąc szesnasteg. Kasane, em appoints Pieter Feith em dez de junh- de DOIs mil e dezasse. Întocmi a la la-I Kasan, două Mii zec-șaisprezec. Kasane desiateh v jún dvetisíc šestnásť the hand. Kasanej v, in June of the deset Dana DVA tisoč šestnajs counter. Tehty Kasaness kymmenentenä päivänä kesäkuut of vuonn of the kaksituhattakuusitoist. SOM i den tiond Kasane skedd» Juni tjugohundrasexton åren.  









  ANNEX I. EU customs duties on products originating in the countries of SADC EPA annex I annex I (cont'd) (cont'd) (cont'd) Annex I annex I (continued) II. DMS customs duties for products originating in the EU (annex II) (continued) (cont'd) ANNEX II, annex III. Mozambique's customs duties on products originating in the EU IV – VI; 1.-4. Protocol to the final act of the Declaration of the Council


Related Laws