On The Economic Partnership Agreement Between The Cariforum States, Of The One Part, And The European Community And Its Member States, Of The Other Part

Original Language Title: Par Ekonomisko partnerattiecību nolīgumu starp CARIFORUM valstīm, no vienas puses, un Eiropas Kopienu un tās dalībvalstīm, no otras puses

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Read the untranslated law here: https://www.vestnesis.lv/op/2016/123.16


The Saeima has adopted and the President promulgated the following laws: On the economic partnership agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, on the other hand article 1. 2008 October 15 in Barbados Bridgetown, signed the economic partnership agreement between the CARIFORUM States, of the one part, and the European Community and its Member 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 its 243. within the time limit laid down in the article and in order, 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 Saeima adopted the law on 9 June 2016. The President r. vējonis Riga, June 29, 2016. The economic partnership NOLĪGUMSSTARP in the CARIFORUM States, of the one part, and the European Community and its Member States, on the other hand Antigua and Barbuda Commonwealth of the Bahamas, BARBADOS, Belize, the Commonwealth of Dominica, Dominican Republic, Grenada, Guyana, Haiti, Jamaica, Saint Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Suriname, Trinidad and Tobago, REPUBLIC, hereinafter referred to as "the CARIFORUM States", on the one hand and 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 Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, Malta, 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, the Treaty establishing the European Community and the Treaty on European Union the Contracting Parties , hereinafter referred to as "the Member States of the European Union", and the European Community, on the other hand, taking into account the revised Čagvaramas agreement establishing the Caribbean Community including the CARICOM/the creation of the single market and economy, Buster on the Eastern Caribbean countries and the agreement for the Caribbean Community and the Dominican Republic free trade area, on the one hand, and the Treaty establishing the European Community, of the other part; Having regard to the 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, signed in Cotonou on 23 June 2000 and revised on 25 June 2005, hereinafter referred to as "the Cotonou Agreement"; Reaffirming their commitment to respect human rights, democratic principles and the rule of law, which are essential elements of the Cotonou Agreement, and good governance, which is a key element of the Cotonou Agreement; Taking into account the need to promote and speed up the CARIFORUM economic, cultural and social development with a view to promoting peace and security and promoting a stable and democratic political environment, taking into account the role played by their perceptions are the internationally agreed development goals and the un Millennium development goals; Taking into account the need to promote his people economic and social progress in accordance with sustainable development, respecting fundamental rights according to the relevant international labour organisation conventions principles and protecting the environment according to the 2002 Johannesburg Declaration; Reaffirming their commitment to work together in the Cotonou agreement objectives, including poverty eradication, sustainable development and the African, Caribbean and Pacific (ACP) countries ' progressive integration into the world economy; Desirous of promoting the implementation of the memorandum of the CARICOM/Development; Taking into account the credibility of the principles and rules governing international trade, especially those included in the agreement establishing the World Trade Organization (WTO); Taking into account economic and social differences in levels of development between the CARIFORUM States and the European Community and its Member States; In view of the important traditional communication that they, in particular the close historical, political and economic links; In view of the fact that they wish to strengthen these links and to establish lasting relations, based on partnership and mutual rights and obligations, as well as regular dialogue with a view to improving mutual awareness and understanding; Desiring to strengthen their economic and trade relations by establishing a framework of economic partnership agreements, which could be the CARIFORUM development tool; Desiring to expand economic relations, especially in trade and investment flows, extending and improving the CARIFORUM current preferential access to the markets of the European Community; Reaffirming their commitment to support the CARIFORUM regional integration process, in particular to promote regional economic integration as a fundamental tool for their integration into the world economy and to help them to withstand the challenges of globalisation and to achieve economic growth and social progress, which corresponds to the objective of sustainable development; Realizing that the power supply and the limitations of the involution solving CARIFORUM countries is necessary in order to fully use the enhanced trading opportunities and possible trade reform benefits, and reaffirming that development assistance, including trade-related aid, can play an important role in supporting the CARIFORUM countries in the implementation of this agreement and to use for their own benefit; Recalling that the European Union (EU) is committed to increase the volume of development assistance, including trade related assistance and to ensure that the essential part of the European Community and EU Member States ' commitments would be devoted to the ACP countries; Undertaken to ensure, to the European Community's development cooperation for regional economic cooperation and integration, under the Cotonou Agreement are made so as to ensure the maximum expected benefit of this agreement; Determined to cooperate, in accordance with the Paris Declaration on aid effectiveness, the EU consensus on development and the EU-Caribbean partnership for growth, stability and development with a view to enhancing the contribution of the EU Member States and other donors, to support the participation of the CARIFORUM countries ' efforts in achieving the objectives of this agreement; Convinced that the economic partnership agreement will create a new, more favourable climate for trade and investment relations and new, dynamic opportunities for growth and development, have agreed on the following. I DAĻATIRDZNIECĪB the partnership for sustainable development pantsMērķ of this agreement 1 objectives are: (a)) to promote poverty reduction and ultimate elimination, creating a trading partnership in accordance with the objective of sustainable development, the Millennium development goals and the Cotonou Agreement; (b)) to promote regional integration, economic cooperation and good governance, the creation and implementation of an effective, predictable and transparent legal framework for trade and investment between the Contracting Parties and the CARIFORUM region; (c) promoting CARIFORUM countries) the progressive integration into the world economy in accordance with their political choices and development priorities; (d)) to enhance the capacity of the CARIFORUM States trade policy and trade-related matters; e) to support the conditions for investment and private sector initiatives to increase and enhance supply capacity, competitiveness and economic growth in the CARIFORUM region; (f)) to strengthen the existing relationship between the Contracting Parties on the spirit of solidarity and mutual interest. To this end, taking into account the level of development and subject to the obligations of the WTO, the agreement extends the commercial and economic relations, support the new dynamics of trade between the Contracting Parties with their mutual trade, liberalisation of the advanced asymmetric, extend and deepen cooperation in all areas related to trade and investment. 2. pantsPrincip 1. This agreement is based on the fundamental principles of the Cotonou Agreement, as well as the essential elements and the key elements set out in the Cotonou Agreement and in article 9 2. This agreement is based on the Cotonou Agreement and the previous ACP-EC partnership agreement, the provisions of the regional cooperation and integration, as well as economic and trade cooperation. 2. The Contracting Parties agree that, in the Cotonou Agreement and this Agreement shall be implemented in a complementary and mutually reinforcing way. 3. pantsIlgtspējīg development 1. The Contracting Parties confirm that the objective of sustainable development is applicable and integrates each economic partnership level, the Cotonou Agreement 1, 2, and article 9 of the General obligations, in particular the performance of the overall commitment to reduce and eradicate poverty completely according to the objectives of sustainable development. 2. the parties understand that the goal of the economic partnership agreements are applicable as in the case of a commitment that: (a) the application of this agreement is) fully take into account the population and the next generations of humanitarian, cultural, social, economic, health and environmental interests; b) decision-making methods cover property, participation and dialogue. 3. the Contracting Parties agree to cooperate in the implementation of sustainable development that is human, which is the main beneficiary, thanks to development. 4. pantsReģionāl integration 1. The Contracting Parties recognize that regional integration is an integral element of their partnership and a powerful tool in the attainment of the objectives of this agreement. 2. The Contracting Parties recognize and affirm the importance of the CARIFORUM regional integration as a mechanism that allows these countries to achieve greater economic opportunities and greater political stability and facilitate their effective integration into the world economy. 3. the Contracting Parties recognize the CARIFORUM countries ' efforts to promote regional and sub-regional integration among themselves, using revised Čagvaramas agreement establishing the Caribbean Community including the CARICOM/the creation of the single market and economy, Buster on the Eastern Caribbean countries and the agreement on the establishment of a free trade area between the Caribbean Community and the Dominican Republic. 4. the Contracting Parties recognize that, notwithstanding the obligations laid down in this agreement, regional inclusion and content is a matter to be determined by the CARIFORUM countries, only in exercising its sovereignty and taking into account the current and future political will. 5. the Contracting Parties agree that their partnership and striving to deepen the regional integration, and undertake to work together to continue to develop, taking into account the level of development of the parties, needs, geographic realities and the sustainable development strategy, as well as the priorities that the CARIFORUM States themselves, and referred to in paragraph 3 to existing regional integration agreements obligations contained. 6. the Contracting Parties undertake to cooperate to facilitate the implementation of this agreement and support of the CARIFORUM regional integration. 5. monitoring the Contracting Parties undertake to continuously monitor the functioning of the agreement, using their respective, also created by this agreement, the membership processes and institutions to ensure that the objectives of the agreement are implemented, the agreement is properly implemented and the progress made towards the possible resulting from this partnership benefits to men, women, young people and children. The Contracting Parties also undertake to immediately consult with one another on any issue. 6. international forums of pantsSadarbīb the Contracting Parties shall endeavour to cooperate in all international fora where issues are discussed related to the partnership. 7. pantsSadarbīb development 1. The Contracting Parties recognize that development cooperation is a crucial element of partnership and of this agreement, a key factor for the purposes of article 1. Cooperation may take the form of financial and non-financial. 2. Development cooperation for regional economic cooperation and integration as provided for in the Cotonou Agreement, are to be carried out so as to achieve the maximum benefits of the proposed thanks to this agreement. Cooperation and technical assistance are set out, respectively, in the individual chapters of this agreement. Cooperation shall be implemented in accordance with the procedure laid down in this article, browse and continuously revised as necessary in accordance with article 246 of the agreement. 3. the European Community financing pertaining to development cooperation between CARIFORUM and the European Community and is based on the implementation of this agreement, be carried out in accordance with the Cotonou Agreement provides for rules and procedures, in particular under the European Development Fund (EDF) programming procedures and relevant from the budget of the European Union finance tools. In this connection, support for the implementation of this agreement is one of the priorities. 4. In proportion to their respective tasks and responsibilities of the European Community and CARIFORUM signatory States will take all necessary measures to ensure the effective mobilization of resources, procurement, and the agreement for the implementation of development cooperation activities to facilitate. 5. The Member States of the European Union collective commitment with their respective development policies and instruments to support the development cooperation activities of the regional economic cooperation and integration and the implementation of this agreement and the CARIFORUM countries at regional level under the complementarity and aid effectiveness principles. 6. the Contracting Parties shall cooperate to facilitate the participation of other donors who wish to support the cooperation referred to in paragraph 5 and the CARIFORUM countries ' efforts in achieving the objectives of this agreement. 8. pantsSadarbīb priority 1. Article 7 of the agreement set out in the development priorities mainly focus on the following areas, which are set out in detail in separate sections of this agreement: (i)) technical assistance humanitarian, legal and institutional capacity of the CARIFORUM States to enhance their ability to meet the obligations set out in this agreement; (ii) the capacity and institutions) assistance for the development of the reform of the tax system, to strengthen tax administration and improve tax revenue collection in order to change reliance on tariffs and other taxes and charges, and move on to other forms of indirect taxation; III) support measures with a view to encouraging the private sector and enterprises, in particular small business, development and to increase the international competitiveness of CARIFORUM business and CARIFORUM economic diversity; CARIFORUM IV) goods and services export diversification with new investments and the development of new industries; v) of the CARIFORUM States, on the technological and scientific capacities, in order to facilitate international sanitary and phytosanitary measures and technical standards, and internationally recognized labor and environmental standards development and compliance; vi) system of the CARIFORUM creativity development, including technological capacity development; VII) support of the CARIFORUM States, on the development of infrastructure necessary for trade. 2. Development cooperation priorities, in General formulated in paragraph 1 and further expanded in separate chapters of this agreement, article 7. 3. The Contracting Parties agree that benefits from the regional development fund, which represent all the interests of the CARIFORUM States will mobilise and driven by the economic partnership agreements development related resources from the EDF and other potential donors. In this context, the CARIFORUM countries undertake to establish such a fund within a period of two years from the date of signature of this agreement. (II) DAĻATIRDZNIECĪB and trade-related questions I SADAĻAPREČ NODAĻAMUIT 1 of the trade TAX of 9. scope of actions this chapter applies to all goods originating in the EC party or contracting any of the CARIFORUM thirdcountries1 requires. 10. rules of pantsIzcelsm this chapter. ". "the origin is the origin, corresponding to (I) the rules of origin laid down in Protocol. The first five years after the entry into force of this agreement, the Contracting Parties shall review the provisions of Protocol I with a view to further simplify the determination of origin of the concept and methods, taking into account the development needs of the CARIFORUM States. In this review, the Contracting Parties shall take into account the technology, production processes and the development of other factors that may require a change in the provisions of Protocol I. The following amendments shall be made to the CARIFORUM-EC Joint Council decision. 11. tax pantsMuit customs duty includes all taxes and any charges imposed in connection with the import or export of goods, including all types of additional duty or surcharge in connection with imports or exports, but this does not include: (a)) internal taxes or other internal charges imposed under article 27; b) anti-dumping and countervailing or safeguard measures applied in accordance with Chapter 2 of this title; (c)) fees or other charges imposed under article 13. 12. pantsPreč classification of goods covered by this agreement, classification shall be determined at the harmonized commodity description and coding system ("HS") pursuant to the applicable provisions of the classification. Customs cooperation and trade promotion Special Committee provided for in article 36 dealt with the classification of issues arising in the course of this agreement. 13. pantsNodev and other payments of fees and other charges specified in article 11, be limited to the services provided under the approximate amount of the costs, and they are not intended for the local product protection or with indirect fiscal needs based taxation of imports and exports. They do not exceed the actual value of the service provided. Fees and charges not subject to consular services. 14. pantsIzcelsm of the Elimination of customs duties, export duties 1 shall not apply to the CARIFORUM signatory States of origin of goods imported into the EC Contracting Parties, and vice versa. 2. Without prejudice to paragraph 1, the CARIFORUM signatory States included in annex 1, three years from the date of signature of this agreement eliminates that export duties set out in the annex. 15. pantsMuit taxes of CARIFORUM to imports of products originating in the countries of origin of the CARIFORUM States products imported into the EC contracting party free of customs duties, except for the products listed in annex 2, under the conditions defined. 16. duties of the EC pantsMuit the Contracting Parties on imports of products originating in the EC 1 the Contracting Parties for originating products imported in the CARIFORUM States shall not be subject to customs duties higher than specified in annex III. 2. EC Contracting Parties originating, imported the CARIFORUM States, are exempt from customs duties within the meaning of article 11, except as specified in annex III. 3. Ten years after the signature of this agreement, the CARIFORUM States can continue to apply any customs duties within the meaning of article 11, except for the tax specified in annex III, for any imported EC Contracting Parties for originating products, provided that those taxes been applicable to this product at the time of signature of this agreement, and if the same tax is imposed on similar products imported from all other countries. 4. Seven years after signing this agreement, CARIFORUM signatory States are not required to start the progressive elimination of customs duties, except as specified in annex III and the tax referred to in paragraph 2. This process complements the support for the necessary tax reform intended in article 22. 5. With a view to ensuring the transparency of such taxation shall notify the CARIFORUM-EC trade and Development Committee within six months from the date of signature of this agreement. Their elimination must immediately report to the CARIFORUM-EC trade and Development Committee. 6. If you have a problem with the import of a product, the CARIFORUM-EC trade and Development Committee may, by mutual agreement, to review the reduction in customs duties and clearance schedule with a view to possibly amend the demotion and removal schedule. Due to the amendments to the schedule the following deadlines that you asked to review for the product may not be extended in any way that exceeds the maximum transitional period of tax reduction or elimination of the product concerned set out in annex III. If the CARIFORUM-EC trade and Development Committee's decision to review the schedule has not been taken within thirty days after the application for revision of the schedule, the CARIFORUM States can provisionally cancel schedule for a period not exceeding one year. 17. pantsTarif modification of obligations pursuant to Antigua and Barbuda, Belize, the Commonwealth of Dominica, Grenada, Guyana, Haiti, the Republic of Saint Kitts and Nevis Saint Lucia Saint Vincent and the Grenadines, the special development needs of the contracting parties can the CARIFORUM-EC trade and Development Committee shall decide to amend Annex III of the customs duties laid down in level which can be applied to the EC Contracting Parties for originating products, importing the CARIFORUM countries. The Contracting Parties shall ensure that such amendments do not cause this agreement to be incompatible with Article XXIV of the GATT (1994). The Contracting Parties may also decide to adjust accordingly at the customs tax obligations, set out in annex III and subject to the other products that are imported from the EC Contracting Parties. 18. pantsPreč movement of the Contracting Parties recognize that the goal is to have a single customs duties on goods imported into the EC Contracting Party or signatory CARIFORUM States. Until the necessary arrangements for the implementation of this objective in the CARIFORUM signatory States in this respect will do everything in their power. The EC party will provide the technical assistance necessary to achieve that objective. 19. pantsLabvēlīgāk mode, thanks to the free trade agreements 1. issues covered by this chapter, the EC party shall grant the CARIFORUM States more favourable treatment if it applicable because the EC party after signing this agreement become part in a free trade agreement with third parties. 2. in relation to the matters covered by this chapter, the CARIFORUM States or CARIFORUM signatory States grant EC party to the more favourable treatment if it applicable because the CARIFORUM signatory CARIFORUM or by signing this agreement, become a party to the free trade agreement with one of the trade superpowers. 3. This chapter shall not be treated as an obligation of the EC party or any of the CARIFORUM signatory States mutually extend the preferential treatment, which was applicable because the EU is a Contracting Party or signatory CARIFORUM is at the time of signature of this agreement, is a party to a free trade agreement with third parties. 4. for the purposes of this article, "trading superpower" means any developed country, or any State or territory where the share of the world exports has more than one (1) year prior to the interest referred to in paragraph 2, the free trade agreement enters into force, or any group of countries acting individually, collectively or through free trade agreements and that part of the world exports has more than one and a half (1.5) a year before interest referred to in paragraph 2, the free trade agreement into force (2). 5. If any of the CARIFORUM signatory States becoming party to a free trade agreement with the third party referred to in paragraph 2, and the following free trade agreements to a third party provides more favourably than that granted by CARIFORUM signatory States in the EC party to this agreement, the Contracting Parties shall hold consultations. the Contracting Parties may decide whether the CARIFORUM signatory States may prevent the EC party to the free trade agreement's preferential treatment. The joint CARIFORUM-EC Council may take the necessary measures for the adjustment of the provisions of this agreement. Article 20 provisions on administrative cooperation 1. The Contracting Parties agree that administrative cooperation is essential in this section determine the implementation of preferential treatment and control, and its commitment to combat irregularities and fraud in customs and related matters. 2. If a Contracting Party or signatory CARIFORUM States, on the basis of objective information finds failure to provide administrative cooperation and/or of irregularities or fraud, found the appropriate Contracting Party or signatory CARIFORUM State in accordance with this article may temporarily suspend the relevant preferential treatment of the product (s) (s). 3. This article does not provide the administrative cooperation among other means: (a) a repeated failure to perform) the obligation to check the product (s) in question (s) of the originating status; (b)) a repeated refusal or undue delay to carry out verification of origin and/or announce its results; c) a repeated refusal or undue delay in obtaining authorisation to conduct administrative cooperation missions to verify the authenticity of documents or the accuracy of the information, which is essential in particular for the granting of the preferential treatment. In this article, irregularity or fraud may also be detected, if without a proper explanation of the rapid increase in imports of goods exceeding the other Contracting Party, the usual level of production and export capacity, and the increase is linked to objective information concerning irregularities or fraud. 4. temporary suspension shall be subject to the following conditions: (a)), a Contracting Party or signatory CARIFORUM, which on the basis of objective information finds failure to provide administrative cooperation and/or of irregularities or fraud, disclosed shall forthwith notify the CARIFORUM-EC trade and Development Committee, providing also the objective information, and on the basis of all relevant information and objective findings, the CARIFORUM-EC launches a consultation of the trade and Development Committee, with a view to finding a solution acceptable to the Contracting Parties; (b)) if the Contracting Parties in accordance with the above entered into consultations in the CARIFORUM-EC trade and Development Committee and three months after that notification have not been able to agree on an acceptable solution, the Contracting Party or signatory CARIFORUM may temporarily suspend the relevant product (s) for the applicable specific preferential treatment. A temporary suspension shall be immediately notified to the CARIFORUM-EC trade and Development Committee; (c)) laid down in this article is the temporary suspension shall not exceed what is necessary the contracting parties concerned or of the CARIFORUM signatory States for the protection of financial interests. A temporary suspension shall not exceed six months, which can be restored. Temporary suspension immediately after the adoption of the CARIFORUM-EC notified to the trade and Development Committee. About it periodically consult the CARIFORUM-EC trade and Development Committee, particularly with a view to their abolition as soon as circumstances exist based on it. 5. Simultaneously with the notification of the CARIFORUM-EC trade and Development Committee under paragraph 4 (a)) (a) where a Contracting Party or signatory CARIFORUM in their official reporting shall publish a notice to importers. The notice to importers relating to the product concerned, it should be noted that on the basis of objective information is disclosed without the ability to provide administrative cooperation and/or of irregularities or fraud. 20 bis of the parties contributing to the efforts to find a solution acceptable to article 20, paragraph 2 of the issues, the Contracting Party or signatory CARIFORUM, which announced the findings, a CARIFORUM-EC trade and Development Committee may also use intermediaries in accordance with article 205, paragraph 5. The mediator's opinion of the subject article 20 paragraph 4 referred to in subparagraph (b)) a period of three months. 21. the administrative correction of errors if the competent authorities allow substantial export of an administrative error in the correct management of the preferential system, in particular, the application of Protocol I, and errors result in consequences in terms of import duties, the contracting party to which these effects apply, you can request the CARIFORUM-EC trade and Development Committee to examine the possibility of setting a resolution necessary measures. 22. pantsSadarbīb. 1, the contracting parties recognise the importance of cooperation to strengthen tax administration and improve tax revenue collection. 2. pursuant to article 7, the Contracting Parties agree to cooperate, including support, in the following areas: (a) technical assistance) tax reform with a view to change reliance on tariffs and other taxes and charges, and move on to other forms of indirect taxation; and (b)) and the establishment of institutions working for (a) the measures referred to in point). 2. the NODAĻATIRDZNIECĪB defence instruments 23. pantsAntidemping and countervailing measures 1. Pursuant to this article, nothing in this Agreement shall prevent the EC party or CARIFORUM signatory States individually or collectively to determine the anti-dumping or countervailing measures in accordance with the relevant WTO agreements. In this article, origin shall be determined in accordance with the Contracting Parties or signatories of the CARIFORUM non-preferential rules of origin. 2. before the final anti-dumping or countervailing duties for products imported from the CARIFORUM States, the EC party shall consider the possibility of constructive remedies provided for in the relevant WTO agreements. 3. where anti-dumping or countervailing measures two or more signatory CARIFORUM in favour of regional or sub-regional imposed authority, one single appeal forum, including the appeal stage. 4. the signatory CARIFORUM to apply anti-dumping or countervailing measures on the product, if it is the same product certain regional or sub-regional scope of measures. Also, the CARIFORUM States shall ensure that any product specific regional or subregional arrangements do not apply to any of the CARIFORUM signatory States that apply such measures on the same product. 5. the EC party shall notify signatory CARIFORUM countries exporting the properly documented complaint before any investigation. 6. This article shall apply to all investigations initiated by the entry into force of this agreement. 7. This article shall not apply the provisions of this agreement on the settlement of the dispute. 24. the protective measures pantsDaudzpusēj 1. Pursuant to this article, nothing in this Agreement shall prevent the EC-CARIFORUM signatory States and the Contracting Party shall adopt measures, in accordance with the 1994 General Agreement on tariffs and trade, article XIX of the agreement on safeguards, and article 5 of the agreement on agriculture, which is added to the Marrakech Agreement establishing the WTO. In this article, origin shall be determined in accordance with the Contracting Parties or signatories of the CARIFORUM non-preferential rules of origin. 2. Without prejudice to paragraph 1, subject to the general development of this agreement's objectives and the CARIFORUM economic small volume of imports of the EC party of the CARIFORUM States do not apply the measures taken pursuant to article XIX of the GATT 1994, the WTO agreement on safeguard measures and the agreement on agriculture, article 5. 3. Paragraph 2 shall apply for a period of five years from the entry into force of the agreement. Not later than 120 days before the end of the joint CARIFORUM-EC Council shall review the operation of those provisions in accordance with the CARIFORUM development needs with a view to determining whether to extend their application for a further period. 4. paragraph 1 shall not apply the provisions of this agreement on the settlement of the dispute. 25. pantsDrošīb clause 1. Without prejudice to article 24, the Contracting Party, examined alternative solutions, may apply a limited-term protection measures derogating from, respectively, 15 or article 16, subject to the conditions and the procedure laid down therein. 2. in paragraph 1 of this article, these measures may be applied if one of the Contracting Parties on imports of products originating in the territory of the other Contracting Party in such increased quantities or under such conditions as to cause or may cause: a) serious injury to domestic industry, which producing like or directly competitive products of the importing contracting party; or b) disturbances in any sector of the economy, particularly where these disturbances produce major social problems or difficulties which could lead to a serious of the importing contracting party; the deterioration of the economic situation or c) interference of like or directly competitive agricultural markets or ražojumu3 mechanisms that regulate this market. 3. the protection referred to in this article do not go beyond what is necessary to remedy or prevent serious damage or interference, laid down in point 2. Of the importing contracting party the protection measures can only have one or more of the following: (a) the rates of the import duties) further reduction of the suspension for the product concerned, as set out in this agreement; (b) increase) the customs duty on the product concerned up to a level which does not exceed the level of customs duty applied to other WTO members; and (c)), the introduction of the tariff quota for the product concerned. 4. Without prejudice to paragraphs 1 to 3, if any of the products originating in the CARIFORUM signatory (s) is being imported in such increased quantities and under such conditions as to cause or threaten to cause one of the paragraph 2 (a)), (b) and (c))) situations referred to one or more of the Contracting Parties for the outermost regions, the EC party under 6.-9. the procedures laid down in paragraph 1 may establish a surveillance or protection measures that boils down to the (above-mentioned) region (s). 5. a) without prejudice to paragraphs 1 to 3, if any of the products originating in the EC Contracting Party is being imported in such increased quantities and under such conditions as to cause or threaten to cause one of the paragraph 2 (a)), (b) and (c))) situations referred to in paragraph one of the CARIFORUM signatory States, the CARIFORUM signatory States under 6.-9. the procedures laid down in paragraph 1 may establish surveillance or safeguard measures limited to its territory. b) can the CARIFORUM signatory States adopt safeguard measures, if any, for products originating in the EC Contracting Party is being imported in such increased quantities and under such conditions as to cause or may cause interference in the new industry producing like or directly competitive products. Such provisions are applicable only to the ten-year period from the date of entry into force of this agreement. The measures should be determined in accordance with paragraphs 6 to 9 of the procedures. 6. a) referred to in this article the protection measures are to be retained only as long as is necessary to prevent or remedy serious injury or disturbances as defined in 2, 4, and 5. (b)) the protection referred to in this article shall not apply to measures for a period longer than two years. If the circumstances that justify the application of the safeguard measures continue to exist, the measures may be extended for a new period not exceeding two years. If the CARIFORUM States or CARIFORUM signatory States shall apply the measures of protection or if the EC party applies a measure limited to one or more of the outermost regions, such measures may be applied for a period not exceeding four years and, if the circumstances that justify the application of the safeguard measures continue to exist, the measures may be extended for a new period not exceeding four years. c) this article refers to protective measures that extend more than one year, must be clear, which means it gradually eliminated no later than the end of the specified period. (d)) for at least one year after the termination of the application of measures of protection referred to in this article shall not apply to the measures on imports of the product to which the previously subject to such a measure. 7. in order to implement the 1-point 6, the following rules shall apply: (a)) where a party considers one of the 2, 4 and/or 5 circumstances set out in the paragraph, it shall refer the matter without delay to the CARIFORUM-EC trade and Development Committee for review; CARIFORUM-EC b) trade and Development Committee may prepare advice on the prevention of circumstances arising. If the CARIFORUM-EC trade and Development Committee has prepared recommendations to prevent conditions or if within 30 days of the matter being referred to the CARIFORUM-EC trade and Development Committee have not led to a satisfactory solution, the other by the importing contracting party may establish appropriate measures for preventing the circumstances in accordance with this article; (c) specified in this article) before the initiation or in cases in which paragraph 8 applies, the Contracting Party concerned or of the CARIFORUM signatory States as soon as possible, submit to the CARIFORUM-EC trade and Development Committee with all relevant information required for a thorough examination of the situation with a view to search for a solution acceptable to the parties concerned; (d)) in the selection of safeguard measures pursuant to this article, priority be given to those which least disturb the functioning of this agreement; e) of the measures applied in accordance with this article shall be immediately notified to the CARIFORUM-EC trade and Development Committee and periodic consultations within that body, particularly to a timetable for abolition as soon as circumstances permit. 8. where exceptional circumstances require immediate action, the importing party concerned, the EC party or the CARIFORUM States CARIFORUM signatory States: can prior 3., 4. and/or 5. measures laid down in paragraph 1, the requirements of paragraph 7. Such measures may be issued for a period of not more than 180 days, if it is determined by the EC party and 200 days where it determines the CARIFORUM States or CARIFORUM signatory or contracting party if the EC measures limited to one or more of its outermost regions. Any such interim measure duration is counted as part of the initial term and any extension referred to in paragraph 6. Taking such interim measures must take into account the interests of all parties involved. The importing party shall inform the other party concerned and immediately transmits the file to the CARIFORUM-EC trade and Development Committee for review. 9. If an importing party shall apply to imports of the product in the administrative procedure, the purpose of which is to provide rapid information on the trend of trade flows, which causes the problems mentioned in this article, it shall immediately inform the CARIFORUM-EC trade and Development Committee. 10. the protective measures adopted pursuant to this article shall not apply to the WTO dispute settlement provisions. 3. NODAĻAĀRPUSTARIF measures 26. pantsKvantitatīv prohibition of restrictions on the entry into force of this agreement, do not leave any import or export prohibitions or import or export restrictions, with the exception of origin laid down in article 13 of the customs duties and taxes applicable to the quotas, import or export licences or other measures. Do not introduce any new measures of this kind. This article shall apply without prejudice to article 23 and 24. 27. national treatment in respect of internal taxation and regulation 1. imports of products of origin is not subject to any direct or indirect internal taxes and other internal charges that exceed the similar domestic products directly or indirectly applicable payments. In addition, the Contracting Parties and signatory States CARIFORUM not otherwise apply internal taxes and other internal charges, in order to ensure the protection of the domestic product. 2. for imports of products originating in shall be accorded treatment no less favourable than that accorded to like domestic products under all the laws, regulations and requirements affecting the internal sale, offering for sale, purchase, transportation, distribution or use. This paragraph shall not prevent the application of differential internal transportation charges based only on the entry into service of vehicles, but not by the nationality of the product. 3. Neither Contracting Party or signatory CARIFORUM does not define and does not maintain any internal quantitative regulation relating to product mixing, processing or use of certain quantities or proportions, directly or indirectly, requiring that any product covered by the quantitative rules, all quantities laid down or part of the product must be supplied from domestic sources. In addition, none of the Contracting Parties or signatory CARIFORUM does not apply internal quantitative regulation in order to ensure the protection of the domestic industry. 4. This article shall not prevent the payment of subsidies exclusively to domestic producers, including payments to domestic producers derived from the proceeds of taxes and duties that are imposed under this article, and by subsidies implemented through domestic procurement. 5. This article shall not apply to laws, regulations, procedures and practices governing public procurement, subject only to Chapter 3 of title IV. 6. This article shall apply without prejudice to article 23. 28. pantsLauksaimniecīb export subsidies 1. Neither Contracting Party or signatory CARIFORUM should not introduce a new subsidy program, which is a condition of export, and to increase the existing subsidies in the form of agricultural products intended for teritorijai4 of the other Contracting Party. 2. as regards paragraph 3 defines the products which the CARIFORUM countries are committed to the Elimination of customs duties, the Contracting Parties undertake to gradually cancel all existing subsidies are granted for exports of the product mentioned CARIFORUM countries. For the phased abolition of the CARIFORUM-EC agenda decided by the trade and Development Committee. 3. This article shall apply to the products covered by the WTO agreement on agriculture. 4. This article is without prejudice to the CARIFORUM countries apply the WTO agriculture agreement article 9 (4) and the WTO agreement on subsidies and countervailing measures article 27. 4. NODAĻAMUIT and 29. pantsMērķ merchandising 1. The Contracting Parties recognize that the promotion of customs and trade booming across the world trading environment and CARIFORUM trade and trade between the Contracting Parties in development is of great importance. 2. The Contracting Parties agree to reinforce cooperation in this area with a view to ensuring that the relevant legislation and procedures, as well as the administrative capacity of the relevant authorities comply with the effective control and trade facilitation promotion and help to promote the development of the CARIFORUM countries and regional integration. 3. The Contracting Parties recognize that the implementation of this chapter shall in no way reduce the legitimate public policy objectives, including the target of importance relating to security and the prevention of fraud. 30. pantsMuit and administrative cooperation 1. to ensure compliance with this section, and effectively comply with article 29, the objectives set out in the EC party and the CARIFORUM signatory States: a) Exchange information on law and procedures in the field of customs; b) develop joint initiatives in mutually agreed areas; c) wherever possible, occupy a common position within international organisations in the field of customs, as the WTO and the World Customs Organization (WCO); d) contribute to the coordination of related agencies. 2. The Contracting Parties shall, in accordance with Protocol II provide mutual administrative assistance in customs matters. Article 31 and procedures in the field of customs, 1. the EC party and the CARIFORUM signatory States agree that their respective legislation, regulations and procedures in the field of trade and customs will use the international instruments and standards applicable in the field of trade and customs, including the revised Kyoto International Convention on the simplification and harmonization of customs procedures, the essential elements of the WCO standards world trade security and facilitation, the WCO data set and the HS Convention. 2. the EC party and the CARIFORUM signatory States agree that their respective legislation, regulations and procedures in the field of trade and customs based on: (a)) the need to protect and facilitate trade, the implementation and enforcement of legislation, and the need to provide additional relief for retailers, which have high levels of compliance; (b)) the need to ensure that the claims against the companies is a rational, non-discriminatory, protect against fraud and does not cause excessive penalties for petty customs regulations or procedural requirements; (c)) the need to apply the single administrative document or the electronic equivalent of the EC and the CARIFORUM. CARIFORUM countries continue efforts to achieve this objective, with a view to implement as soon as possible after the entry into force of this agreement. A joint analysis of the situation to be 3 years after the date of entry into force of this agreement; (d)) the need to apply the modern customs techniques, including risk assessment, simplified import and export procedures, controls and objective procedure after the release of licensed traders. Procedures must be transparent, efficient and simplified to reduce cost and enhance predictability opportunities for businesses; (e)) the need for non-discrimination in trade imports, exports and transit of applicable requirements and procedures, and assuming that the consignments may be subject to different treatment on the basis of objective risk assessment criteria; (f) the need for transparency). For this purpose, the Contracting Parties and signatory States of the CARIFORUM agreed, in accordance with their respective legislation the norms laid down by introducing a system of binding rulings on customs matters, in particular on tariff classification and rules of origin; (g)) the need for advanced system development, including to information technology-based, in order to facilitate the electronic exchange of data between traders, customs administrations and related agencies; (h) the need to facilitate transit); I) transparent and non-discriminatory rules for the licensing of customs brokers, as well as to the requirements for the mandatory use of customs brokers independent non-nomination; (j)) the need to avoid mandatory pre-shipment inspection or equivalent usage without compromising the rights and obligations of States under the WTO agreement on pre-shipment inspection. the Contracting Parties shall consult the matter with the CARIFORUM-EC trade and Development Committee and then may agree to waive the use of mandatory pre-shipment inspections or equivalent. 3. in order to improve working methods, as well as to ensure non-discrimination, transparency, efficiency, integrity and accountability of the activities, the EC party and the CARIFORUM signatory States: (a)) shall take further steps and documentation of data reduction, for the sake of simplification and standardization; b) wherever possible, simplify requirements and formalities for quick release and clearance; (c) introducing effective, immediate), non-discriminatory and easily accessible procedures, which allow you to use the right of appeal against customs action, orders and decisions affecting import, export or transit of goods. A charge should be proportionate to the costs of the appeal procedure; and (d)) provides the highest privacy standards, the application of measures that reflect the relevant international conventions and instruments in this field principles. 32. pantsAttiecīb to the business community the EC party and the CARIFORUM signatory States agree: (a)) to ensure that all the legislation, procedures, fees and charges, as well as, whenever possible, an explanation of the public as possible, by electronic means; (b)) the need timely and regularly consult with operators about the legislative proposals related to customs and trade procedures; c) whenever possible, the introduction of new legislation and procedures or their amendments, the information is made available to the economic operator beforehand. The Contracting Parties and signatory States to the CARIFORUM shall make public by appropriate administrative announcements, including agency requirements and import procedures, working time and operating procedures for Customs offices at ports and border crossing points and focal point for information requests, to facilitate commercial compliance with customs duties and the goods in time; d) enhance collaboration between the operators and the relevant services and to promote fair competition with merchants using an arbitrary and publicly available procedures, such as memoranda of understanding, properly using the recommended procedures of the WTO; e) the objectives of this cooperation must also include the fight against illegal practices and citizen security and protection, as well as the collection of revenue; (f)) to ensure that their respective Customs and related requirements and procedures are met best practice and minimum impact on the trade. 33. pantsMuit assessment 1. Rules on customs valuation, applicable in trade between the Contracting Parties, determined by agreement of the GATT (1994) the implementation of article VII. 2. The Contracting Parties shall cooperate with a view to achieving a common approach to issues related to customs valuation. 34. pantsReģionāl integration 1. maximum contribution to regional integration and development in the field of customs, regional legislation, customs procedures and requirements in a manner consistent with the relevant international standards. 2. Customs cooperation and trade promotion Special Committee provided for in article 36, constantly monitors the implementation of this article. 35. pantsSadarbīb-1. The Contracting Parties recognize the importance of customs cooperation and trade facilitation measures to achieve the objectives of this agreement. 2. pursuant to article 7, the Contracting Parties agree to cooperate, including support, in particular in the following areas: (a) a modern customs techniques), including risk assessment, prior to binding decisions, the simplified procedures for release of goods imports and, control and audit of the company after the release of the application of the methods; b) such procedures and practices that reflect the possible international instruments and standards applicable to trade and customs legislation, including the rules of the WTO and WCO instruments and standards, among other international revised Kyoto Convention on the simplification and harmonization of customs procedures and standards for the global trade WCO security and facilitation; and (c)) the Customs and other trade procedures automation. 36. pantsMuit cooperation and trade promotion Special Committee 1. The Contracting Parties agree to establish customs cooperation and trade promotion Special Committee, consisting of representatives of the Contracting Parties. The Contracting Parties agree on the above meeting date and agenda. The post of Chairman of the Committee in the annual rotation to switch from one Contracting Party to another. The Committee shall report to the CARIFORUM-EC trade and Development Committee. 2. the Committee's functions include: (a) the implementation of this chapter) and the supervision of the Administration; (b) the tasks laid down in Protocol I) and functions; (c)), the forum of consultation for the parties to the Protocol II obligations; (d)) and the cooperation of the Contracting Parties to the dialogue on enlargement tariff issues, legislation and procedures in the field of customs, mutual assistance in customs matters, rules of origin and administrative cooperation; and (e)) with technical assistance activities related to the discussions. 5. NODAĻALAUKSAIMNIECĪB and fisheries 37. pantsMērķ (1). The Contracting Parties agree that a fundamental objective of the agreement is the sustainable development and the eradication of poverty and the CARIFORUM States economic smooth and gradual integration into the world economy. The agricultural and fisheries sectors, this agreement contributes to agricultural and fisheries production, processing and marketing growth competitiveness between the Contracting Parties and the traditional and non-traditional sectors, in accordance with the sustainable management of natural wealth. 2. The Contracting Parties recognize the fisheries-related activities and the CARIFORUM States, on the exploitation of living marine resources in the economic and social importance, and the need to strike a potentially great benefits associated with factors such as food security, employment, poverty reduction, revenue in foreign currency and the fishing community of social stability. 3. The Contracting Parties recognize that the CARIFORUM fisheries and marine ecosystems are complex, biologically diverse and fragile and that the operation should take into account these factors, effectively sparing and knowledge of fisheries resources and related ecosystems, based on sound scientific evidence and the precautionary principle defined in the FAO Code of conduct for responsible fisheries. 4. The Contracting Parties recognize that farm and fishing community food security and livelihood improvement are crucial elements in the eradication of poverty and delivering sustainable development. It thus recognizes the need to avoid more agricultural, food and fish products market disruption the CARIFORUM States. 5. the Contracting Parties agree to fully abide by the CARIFORUM economic, social and ecological characteristics and the diversity of needs and development strategy. 38. pantsReģionāl integration, the Contracting Parties agree that agriculture, food and fisheries sector integration in all countries gradually CARIFORUM, removing remaining barriers and introduce an appropriate legal framework, promote regional integration and the deepening of the process of the realization of the objectives of this chapter. 39. the implementation of the pantsPolitik the CARIFORUM States undertake to adopt and implement policies and institutional reforms, which make it possible to achieve the objectives of this chapter and to facilitate their achievement. 40. pantsPārtik support 1. The Contracting Parties recognize that this agreement provides for the abolition of obstacles to trade between the contracting parties can be very important tests for CARIFORUM producers, agriculture, food and fisheries sectors and consumers, and agree to consult on these issues. 2. If compliance with this agreement causing problems with the food or other stocks or availability of the products, which are essential to ensure a signatory CARIFORUM food, and if the situation is causing or likely to cause them to such a State of great difficulties, the CARIFORUM States can take appropriate measures, in accordance with article 25, paragraph 7 (b)), (d)) and in paragraphs 8 and 9 of the procedures laid down. 41. the exchange of information and consultations 1. the Contracting Parties agree to exchange experience, information and best practices and to discuss all issues related to the achievement of the objectives of this chapter, and shall apply to trade between the Contracting Parties. 2. The Contracting Parties agree that the dialogue is especially useful in the following areas: (a)) the exchange of information on agricultural production, consumption and trade, and on the change of agricultural and fishery products market; (b) investment promotion of CARIFORUM) agriculture, food and fisheries sector, including small craft industries; (c)) the exchange of information on agriculture, rural development and fisheries policies and legislation; (d) policy and institutional change) the consideration of necessary agricultural and fishery industries in support of transformation, as well as regional policy formulation and implementation in the field of agriculture, the food industry, rural development and fisheries, seeking regional integration; e) exchange of views on new technologies, as well as the policies and measures in relation to the quality. 42. pantsTradicionāl agricultural products 1. the Contracting Parties undertake to hold prior consultations on trade policy developments that EC contracting parties can affect the traditional market of agricultural products, including bananas, rum, rice and sugar, the State of competition. 2. the EC party shall endeavour to maintain significant preferential access to the multilateral trading system following the CARIFORUM products as long as it is feasible, and to ensure that each of the inevitable reduction in the preferences imposed the maximum over a long time period. 43. pantsSadarbīb-1. the Contracting Parties recognize the importance of agriculture, food and fisheries sector to the economies of the CARIFORUM States and the cooperation that promote this industry transformation with a view to increasing their competitiveness, develop their ability to get into high-quality markets, in view of their potential contribution to the CARIFORUM countries to sustainable development. They recognize the need to facilitate the agriculture, food and fisheries sectors and rural economic adjustment pakāpeniskaj changes caused by the agreement, with particular emphasis on small-scale activities. 2. pursuant to article 7, the Contracting Parties agree to cooperate, including support, in the following areas: (a) a potentially viable production of) more competitive, including processing these stages with respect to innovation, training, promotion and other support activities, agricultural and fishery products, including both traditional and non-traditional export sectors; (b) the ability of marketing) export development, including market research, trade both between the CARIFORUM States, of both parties, as well as market infrastructures and transport improvement opportunities and funding and cooperation of producers and traders of the determination; c) compliance with the quality standards and their adoption in the context of food production and marketing, including the standards relating to environmentally and socially acceptable agricultural practices and organic and non-genetically modified food; d) private investment and public-private partnership in the promotion of potentially viable production; (e) improve the CARIFORUM) the ability of the company to meet national, regional and international technical, health and quality standards for fish and fish products; f) human and institutional scientific and technological capacity-building at the regional level, the fisheries, including aquaculture products for sustainable trade; and (g)) referred to in article 41 of the dialogue process. 6. technical barriers NODAĻATIRDZNIECĪB 44. pantsDaudzpusēj commitments approved by the Contracting Parties that assume the rights and obligations provided for in the WTO agreement on technical barriers to trade (hereinafter referred to as "WTO agreement on TBT"). 45. pantsMērķ objective of this agreement is: (a) promoting trade in goods) between the Contracting Parties, while maintaining and increasing the ability of the parties to the health, safety, consumer protection and environmental protection; (b)) to improve the ability of the parties to identify, prevent and eliminate unnecessary barriers to trade between the Contracting Parties which have occurred in each of the Contracting Parties the appropriate technical regulations, standards and conformity assessment procedures; c) increase the ability of Contracting Parties to ensure compliance with international standards and the other Contracting Parties of the technical regulations and standards. 46. the scope of actions and definitions 1. This chapter shall apply to technical regulations, standards and conformity assessment procedures set out in the WTO agreement on TBT, in so far as they affect trade between the Contracting Parties. 2. in this chapter, the WTO agreement on TBT definitions used. 47. cooperation and integration pantsReģionāl the Contracting Parties agree that the importance of cooperation between national and regional authorities, which are in the scope of standardisation, accreditation and other technical barriers to trade issues, to facilitate trade both within the region and between the Contracting Parties, as well as General CARIFORUM regional integration process, and therefore assume the cooperation obligations. 48. the transparency of the Contracting Parties confirm that takes to implement the WTO agreement on TBT provisions on transparency set out. In addition, the Contracting Parties shall endeavour in good time to inform each other of the proposals to amend or introduce technical regulations and standards that specifically apply to trade between the Contracting Parties. 49. the exchange of information and consultations 1. The Contracting Parties agree that, starting provisionally apply this agreement information exchange needs its designating contact points as specified in this chapter. The Contracting Parties agree that the exchange of information will drive as far as possible using the regional contact points. 2. The Contracting Parties agree that enhance communication and the exchange of information on issues covered in this chapter, in particular, to promote compliance with each other's technical regulations, standards and conformity assessment procedures and eliminating unnecessary barriers to trade in goods between them. 3. If, in relation to technical regulations, standards and conformity assessment procedures of a particular problem, which may affect trade between the Contracting Parties, the Contracting Parties shall, as soon as possible, inform and consult each other in order to achieve a mutually agreed solution. 4. the Contracting Parties agree to keep each other informed of the writing or the measures to be taken to prevent the import of goods that could pose a threat to the health, safety and the environment, as soon as practicable after the decision is taken it is practically possible. 5. The Contracting Parties agree that the products will determine, in relation to which the Contracting Parties shall exchange information, to cooperate on that one Contracting Party by the producers concerned fulfil the technical regulations and standards that are required for access to the other Contracting Party's market. The following information may be required for the determination of capacity and proposals for these needs. 50. International pantsSadarbīb structures of the Contracting Parties agree to cooperate in international standardisation bodies, including representatives of the CARIFORUM countries to promote participation in the meetings of those bodies and work. 51. pantsSadarbīb-1. The Contracting Parties recognize the importance of cooperation on technical regulations, standards and conformity assessment in order to achieve the objectives of this agreement. 2. pursuant to article 7, the Contracting Parties agree to cooperate, including support, in the following areas: (a)) for the exchange of experience, including appropriate training, to ensure that the relevant standardisation, metrology, accreditation, market surveillance and conformity assessment structures and permanent technical competence, in particular those operating in the CARIFORUM region; (b)) of the centres of expertise, the creation of the CARIFORUM trade for evaluation with a view to providing goods access to the EC market; (c) capacity development), in particular the CARIFORUM enterprises to comply with regulatory and market requirements; (d)) with the relevant international standards based on harmonised technical regulations, standards and conformity assessment procedures development and customization. 7. NODAĻASANITĀR and phytosanitary measures 52. pantsDaudzpusēj commitments of the Contracting Parties confirm that assume the rights and obligations provided for in the WTO agreement on the application of sanitary and phytosanitary measures (hereinafter referred to as "WTO agreement on SPS"). The Contracting Parties reaffirm their rights and obligations under the International Plant Protection Convention (IPPC), the Codex Alimentarius and the International Office of Epizootics (OIE). 53. the objectives of this chapter are pantsMērķ are the following: (a)) to promote trade between the Contracting Parties, while increasing the capacity of the Contracting Parties to plant, animal and public health; (b)) to improve the ability of the parties to identify, prevent and reduce the possible unforeseen distortions or obstacles to trade between the Contracting Parties which arise as a result of the measures to the Contracting Parties to protect plant, animal and public health; (c)) to help determine the CARIFORUM countries harmonised regional internal sanitary and phytosanitary ("SF") measures to facilitate the recognition of measures equivalent to the current EC Contracting Parties; d CARIFORUM States) help to ensure compliance with SPS measures taken by the EC party. 54. the scope of actions and definitions 1. This chapter shall apply with respect to SPS measures, as set out in the WTO agreement on SPS, in so far as they affect trade between the Contracting Parties. 2. in this chapter, the WTO agreement on SPS used definitions. 55. the authorities pantsKompetent 1. The Contracting Parties agree that the provisional entry into force of this agreement, the purpose of the exchange of information the competent authorities determined in this chapter refers to the implementation of the measures. The Contracting Parties shall promptly inform each other of significant changes in the structure of their competent authorities, and the Organization and allocation of competence. 2. The Contracting Parties agree to exchange information relating to the measures referred to in this chapter, maximum implementation guide through regional bodies representing the competent authorities. 56. cooperation and integration pantsReģionāl 1. The Contracting Parties agree that cooperation between national and regional authorities, with responsibility for SPS matters, including competent authorities are essential in order to promote both intra-regional trade and trade between the Contracting Parties, as well as CARIFORUM regional integration process as a whole. 2. As regards the Contracting Parties agree that both the EC party and between the CARIFORUM States, it is essential to establish harmonised measures and therefore SF take the cooperation obligations. The Contracting Parties also agree to consult with a view to reaching a bilateral agreement on the specific arrangements of the SF recognition of equivalence.
3. If there is no concerted action or equivalence of the SF acceptance, the Contracting Parties agree to consult on how to facilitate trade and reduce unnecessary administrative rules. 57. transparency of the Contracting Parties confirm that undertakes to implement the WTO agreement on SPS (B) as set out in the annex to the rules of transparency. In addition, the Contracting Parties shall endeavour to inform each other in good time about the proposals to amend or introduce the SF regulations or measures that specifically apply to trade between the Contracting Parties. 58. the exchange of information and consultations 1. The Contracting Parties agree that will enhance communication and the exchange of information on issues covered in this chapter, which may affect trade between the Contracting Parties. 2. If, in connection with any particular SPS problem that could affect trade between the Contracting Parties, the competent authorities of the Contracting Parties as soon as possible, inform each other and consult with each other in order to achieve a mutually agreed solution. 59. pantsSadarbīb-1. The Contracting Parties recognize the importance of cooperation in sanitary and phytosanitary measures to achieve the objectives of this agreement. 2. pursuant to article 7, the Contracting Parties agree to cooperate, including support, in the following areas: (a) the strengthening of regional integration) and in the SF event monitoring, implementation and execution of improvement according to article 56, including training and information measures Government employees. These objectives can be supported by the public and private sector partnerships; (b)) for the exchange of experience in preparing measures to deal with plant, animal and public health issues, as well as training and information measures Government personnel; (c) capacity development), in particular the CARIFORUM enterprises to comply with regulatory and market requirements; d) referred to in article 52 of the cooperation in international bodies, including representatives of the CARIFORUM States, on the promotion of participation in meetings of these bodies. SADAĻAIEGULDĪJUM II, trade in services and E-Commerce 1.60 pantsMērķ NODAĻAVISPĀRĪG rules, scope and coverage 1. Contracting Parties and signatory States CARIFORUM, confirming its commitments under the WTO agreement, to facilitate signatory CARIFORUM regional development and sustainable development and the smooth and gradual integration into the world economy, this identifies the required procedures and the progressive, mutual investment and services asymmetrical trade liberalisation and cooperation in e-commerce. 2. nothing in This section requires the privatisation of State-owned enterprises and does not impose obligations in relation to public procurement. 3. This section does not apply to the subsidies granted by the Contracting Parties or CARIFORUM signatory States. 4. Under this section, the Contracting Parties and signatory States CARIFORUM reserves the right to adopt and enforce new rules for the legitimate political objectives. 5. This section does not apply to measures affecting natural persons seeking access to EC Contracting Party or signatory CARIFORUM in the labour market, and to measures related to citizenship, residence or permanent employment. This section does not prevent the Contracting Parties or CARIFORUM signatory States to apply the measures governing the conditions of entry of natural persons, or their temporary stay in the territory, including measures necessary to protect the inviolability of borders and ensure that natural persons legally crossing the border, unless such measures are not applied in such a way that they remove or reduce the benefits that a party occurs under specific conditions of the commitment. 61. the definitions in this section: (a)) "measure" means any Contracting Party or signatory CARIFORUM measure law, regulation, rule, procedure, decision, administrative action or in another form; (b)), or the Contracting Parties adopted the CARIFORUM signatory States or saved measures "means measures to be determined: i) Central Government, regional or local governments and authorities; and (ii)), non-governmental organizations, in implementing the Central Government, regional or local governments or authorities delegated powers; c) EC Contracting Parties "natural person" or "person of the CARIFORUM signatory" means a Member State of the European Union national or national of CARIFORUM signatory States in accordance with their respective legislation; d) "legal person" means any legal entity duly constituted or otherwise organised under the applicable laws for profit or for other purposes and which belongs to a private party or country, including any corporation, partnership, joint venture, Foundation, the owner of one company or association; e) "legal person of a Contracting Party" an EC contracting parties or signatory CARIFORUM legal person created in accordance with, respectively, the Member State of the European Union or signatory CARIFORUM law and having its registered office, Central Administration or principal place of business is in the territory to which the Treaty establishing the European Community, or, where applicable, in the territory of the CARIFORUM signatory States. If a legal person have only its registered office or the Board, in the territory to which the Treaty establishing the European Community, or CARIFORUM signatory territory, it is not considered appropriate for EC contracting parties or signatory CARIFORUM is a legal entity, unless it made significant uzņēmējdarbību5 in the area to which the Treaty establishing the European Community, or CARIFORUM signatory States. Notwithstanding the preceding subparagraph, the shipping companies established outside the EC contracting parties or the CARIFORUM States and the control of the Member State of the European Union or nationals of the CARIFORUM signatory States are also the beneficiaries of the provisions of this agreement, if it ships in accordance with the legislation concerned are registered in that Member State or signatory CARIFORUM and flying a Member State of the European Union or the flag of the CARIFORUM signatory States; (f)) "economic integration agreement" means an agreement which liberalized trade in services and investment under WTO rules. 62. the implementation of liberalisation of pantsTurpmāk these objectives, the Contracting Parties shall hold further negotiations on investment and trade in services no later than five years after the entry into force of this agreement with a view to reinforcing the General obligations imposed by this section. 63. the implementing measures of the Commonwealth of the Bahamas and the Republic of Haiti for the purpose of annex IV to incorporate in the Commonwealth of the Bahamas and the Republic of Haiti that are compatible with the General Agreement on trade in services (hereinafter referred to as "GATS") requirements, the Contracting Parties and signatory States CARIFORUM shall amend the annex to the CARIFORUM-EC trade and Development Committee not later than six months after the signature of this agreement. Pending such decision, the EC Contracting Parties assigned the preferential mode is not applicable for the Commonwealth of the Bahamas and Haiti. 64. pantsReģionāl integration of the CARIFORUM 1. The Contracting Parties recognize that the CARIFORUM States economic integration by gradually removing the remaining barriers and introduce an appropriate legal framework for trade and investment in services, will contribute to deepening the regional integration process and the realization of the objectives of this agreement. 2. the Contracting Parties also recognize that Chapter 5 of this title, the principles set out in the investment and services progressive trade liberalisation is a useful framework for support to the CARIFORUM regional integration in the context of further liberalization of trade in services and investment between them. 2. the presence of 65. NODAĻAKOMERCIĀL definitions in this chapter: (a)) "commercial presence" means any type of business or professional establishment, i) creating, acquiring or maintaining legal personu6 or ii) creating or saving the branch or representative office of the EC or a Contracting Party in the territory of a signatory CARIFORUM in order to carry out an economic activity; (b)) ' investor ' means any natural or legal person carrying out an economic activity by establishing a commercial presence; (c)) "investor of a Contracting Party" means the Contracting Parties to the EC a natural or legal person or a signatory CARIFORUM is the natural or legal person carrying out an economic activity by establishing a commercial presence; d) "economic activities" shall not include activities carried out in the exercise of State authority, i.e. actions which are not conducted on a commercial basis, in competition with one or several economic operators; e) legal persons ' subsidiary ' means a legal person by another legal person actually kontrolē7; f) legal persons "branch" shall mean a place of business without legal personality to have persistence features, such as child nodes of a parent who has control and material equipment to conduct business with third parties so that these third parties, although they are aware that if necessary, they will be a legal link with the parent company, whose head office is located in foreign countries, not have to deal directly with such parent, but they can make a business branch of the parent site. 66. pantsAptvērum of this chapter shall apply to Contracting Parties of the CARIFORUM signatory States or measures affecting commercial klātbūtni8 across economic activities, except: (a) the extraction of nuclear materials, manufacture) and recycling; b) weapons, ammunition and military equipment production and trade; c) audio-visual services; d) domestic kabotāžu9; and (e)) both regular and non-regular domestic and international transport services and services directly related to traffic rights, which are: i) aircraft repair and maintenance services during which an aircraft is not used; II) air service sales and marketing; III) computerized reservation system (CRS) services; IV) other support services that facilitate the operation of the air carrier, such as serving on the ground, the aircraft with the crew rental service and airport management services. 67. pantsTirg access 1. with respect to market access through commercial presence, the EC party and the CARIFORUM signatory States each other for commercial presence and the investors shall be accorded treatment no less favourable than that provided for in the specific commitments listed in annex IV. 2. the sectors in which the Contracting Parties undertake commitments on market access, measures taken by the EC party and the CARIFORUM signatory States do not apply and are not determined by the regional apakšdalījum and the whole of their territory, unless specified otherwise in annex IV, shall be as follows: (a) limitations on commercial presence) of numerical quotas, monopolies, exclusive rights or other commercial presence requirements, such as economic needs tests; (b) transactions or assets) of the total value of a numerical quota limitations or economic needs test requirements; (c) the total number of transactions) or limit the amount of services provided, expressed a certain numeric units, quotas or economic If the testing requirements veidā10; (d) foreign capital participation) restrictions in the form of Foreign shareholdings or the individual or total foreign investment limit maximum percentages; and e) measures which restrict or require specific types of commercial presence (subsidiary, branch, Representative Office) 11, or joint ventures through which investors of the other Contracting Party may carry out an economic activity. 68. national treatment 1. Sectors in annex IV, in accordance with the conditions laid down in list and restrictions in respect of all measures affecting commercial presence, the EC party and the CARIFORUM signatory States of the other Contracting Party granted commercial presence and investors treatment no less favourable than that it accords to like your presence and investors. 2. the EC party and the CARIFORUM signatory States can meet the requirements specified in paragraph 1, by giving to the other contracting party commercial presence and investors formally identical treatment or formally different treatment from it, it attaches to your presence and similar investors. 3. Formally identical or formally different treatment shall be considered to be less favourable if it modifies the conditions of competition on the EC Contracting Party or signatory CARIFORUM commercial presence and investors well in comparison with other Contracting Parties and the presence of similar commercial investors. 4. in accordance with this article shall be taken in the specific commitments are not considered the requirement of the EC party or CARIFORUM signatory States to offset the competitive disadvantage resulting from the commercial presence of foreign investors and the status. 69. a list of the EC pantsSaistīb the Contracting Parties and signatory CARIFORUM sectors liberalised under this chapter and, in the form of reservation, market access and national treatment restrictions applicable to the other Contracting Parties for commercial presence and investors in these sectors, are set out in the lists of commitments included in annex IV. 70. pantsVislielāk-favoured-nation treatment 1. with respect to measures affecting commercial presence, covered by this chapter: (a)) the EC party for the CARIFORUM signatory States spend on commercial presence and investors arrangements no less favourable than the most favourable treatment applicable to similar commercial presence and investors of any third State, with which it concluded economic integration agreement after signing this agreement; (b) allow CARIFORUM signatory States) EC Contracting Parties and investors to the commercial presence mode, which is not less favourable than the most favourable treatment applicable to similar commercial presence and investors from trading any great power, with which they conclude economic integration agreement after the signature of this agreement. 2. If a Contracting Party or signatory CARIFORUM concluded regional economic integration agreement establishing the internal market or determine the party significantly to approximate legislation with a view to eliminating discriminatory barriers for commercial presence and service trade, paragraph 1 shall not apply to arrangements that such a Contracting Party or signatory CARIFORUM assigns third countries for commercial presence and investors in sectors covered by the internal market or a significant approximation of laws 12th 3. Paragraph 1 of this article sets out provisions do not apply to granted: (a)) under measures which provide for the recognition of qualifications, licenses or precautionary measures in accordance with article VII of the GATS or its annex on financial services, (b)) in accordance with international agreements or arrangements which wholly or mainly refers to taxes, or c) according to the measures benefiting from MFN exception list in accordance with GATS Article II. 4. for the purposes of this provision "trading superpower" means any developed country, or any country whose share of the world exports has more than one (1) year before the interest referred to in paragraph 1, the economic integration agreement enters into force, or any group of countries acting individually, collectively or through economic integration agreement and which part of the world exports has more than one and a half (1.5) interest in the year referred to in paragraph 1 before economic integration agreement enters into force, 13 5. If any of the CARIFORUM signatory States become party to the agreement of economic integration with a third party referred to in paragraph 1 (b)) and that agreement provides for greater indulgence to such a third party than that of the CARIFORUM signatory States grant EC Contracting Party by this agreement, the Contracting Parties shall hold consultations. The Contracting Parties may decide whether the CARIFORUM signatory States may prevent the EC party to the economic integration of the preferential treatment of the agreement. The joint CARIFORUM-EC Council may take the necessary measures for the adjustment of the agreement. 71. pantsCit agreements this section shall in no way prejudice the rights of the Contracting Parties to benefit from preferential treatment by existing or future international agreements on investment, which is a Member State of the European Union and the CARIFORUM signatory States are party. 72. pantsIeguldītāj action of the EC party and the CARIFORUM signatory States cooperate and in its respective territory, take the measures-inter alia, through their respective legislation-which may be required to: (a)) prohibit investors (and has the responsibility for it) to offer, promise or giving of money or other improper benefit, directly or through intermediaries to a public official or a member of his family, or business associates, or other person close to that person or a third person in good to the official or third party or abstain to take action in relation to the performance of his duties, or to achieve any indulgence for bid or investment licences, permits, contracts, or other rights in connection with an investment; b) investors act on the most important labour law, required by the International Labour Organization (ILO) 1998 Declaration on fundamental principles and rights at work, which the EC party and the CARIFORUM signatory States are party; 14 c) investors unmanaged and do not make their investments so that bypassing international environmental or employment obligations arising from the agreements with the EC party and the CARIFORUM signatory States are parties; d) in appropriate cases, the investor established and maintain communication with local communities, especially in projects that cover a wide range with natural resources related activities, insofar as they do not eliminate or reduce benefits that Contracting Party arrives under the specific conditions of the commitment. 73. pantsStandart maintenance the EC party and the CARIFORUM signatory States ensure that foreign direct investment would not be encouraged by lowering domestic environmental, employment or occupational health and safety rules and standards, and softening the most important employment standards or laws aimed at protecting and promoting cultural diversity. 74. pantsPārskatīšan gradual liberalization of investment purpose, the Contracting Parties shall review the legal framework of investment, investment environment and investment flows between them under obligations in international investment agreements, no later than three years after the date of entry into force of this agreement and at regular intervals. 3. NODAĻAPĀRROBEŽ services 75. pantsAptvērum and definitions 1. This chapter applies to Contracting Parties of the CARIFORUM signatory States or measures affecting all the cross-border provision of services, with the exception of: (a) audiovisual services); (b) domestic kabotāžu15); and (c)) both regular and non-regular domestic and international transport services and services directly related to traffic rights, which are: i) aircraft repair and maintenance services during which an aircraft is not used; II) air service sales and marketing; III) computerized reservation system (CRS) services; and (iv)) other support services that facilitate the operation of the air carrier, such as serving on the ground, the aircraft with the crew rental service and airport management services. 2. for the purposes of this chapter: (a)) the cross-border provision of services is the provision of a service: i) from the territory of one of the Contracting Parties in the territory of the other Contracting Party (1), (ii)) of one Contracting Party in the territory of the other Contracting Party, the consumer services (2); (b)) "services" covers any service in any sector except services provided using the powers of the State; (c)) "the service provided using the powers of the State" means any service that is not provided, commercial, in competition with one or more service providers; (d)) "service provider" means any natural or legal person who wishes to provide or provides a service; e) "provider of a Contracting Party" means the Contracting Parties of any EC a natural or legal person or a signatory CARIFORUM is a natural or legal person who wishes to provide or provides a service; f) "service" includes services, distribution, marketing, sale and delivery. 76. pantsTirg access 1. with respect to market access through the cross-border provision of services, the EC party and the CARIFORUM signatory States to each other's services and their providers shall be accorded treatment no less favourable than that provided for in the specific commitments listed in annex IV. 2. the sectors in which the Contracting Parties undertake commitments on market access, measures which the Contracting Parties shall not apply, or does not establish regional partition or the whole of their territory, unless annex IV, save as otherwise provided, defined as follows: (a) the service provider) limit the number of numerical quotas, monopolies, exclusive service suppliers or the requirements of an economic needs test; (b) transactions or assets) of the total value of a numerical quota limitations or economic needs test requirements; (c) the total number of transactions) or limit the amount of services provided, expressed a certain numeric units, quotas or economic needs test requirements. 77. national treatment 1. In sectors where market-access commitments specified in annex IV, in accordance with the conditions and restrictions in respect of all measures affecting the supply of services, the EC party and the CARIFORUM signatory States of the other Contracting Party granted services and services providers treatment no less favourable than that it accords to like services and their providers. 2. the EC party and the CARIFORUM signatory States can meet the requirements specified in paragraph 1, by giving to the other Contracting Party the services and service providers formally identical treatment or formally different treatment to which they grant to like their services and service providers. 3. Formally identical or formally different treatment shall be considered to be less favourable if it modifies the conditions of competition on the EC Contracting Party or signatory CARIFORUM service or service provider well compared to the other Contracting Parties for similar services or service providers. 4. in accordance with this article shall be taken in the specific commitments are not considered the requirement of the EC party or CARIFORUM signatory States to offset the competitive disadvantage resulting from the relevant service or foreign service providers in the status. 78. the list of the EC pantsSaistīb the Contracting Parties and signatory CARIFORUM sectors liberalised under this chapter and, in the form of reservation, market access and national treatment restrictions applicable to the Contracting Parties to the other services and service providers in these sectors, are set out in the lists of commitments included in annex IV. 79. pantsVislielāk-favoured-nation treatment 1. with respect to measures affecting the cross-border provision of services, subject to this chapter: (a)) the EC party allow CARIFORUM signatory services and service providers treatment no less favourable than the most favourable treatment as applied to like services and service suppliers of any third country, with which it concluded economic integration agreement after signing this agreement; (b) allow CARIFORUM signatory States) EC Contracting Parties services and service providers treatment no less favourable than the most favourable treatment as that applicable to similar services and service providers from any trading superpower with which they conclude economic integration agreement after the signature of this agreement. 2. If a Contracting Party or signatory CARIFORUM concluded regional economic integration agreement establishing the internal market or determine the party significantly to approximate legislation with a view to eliminating discriminatory barriers in services and providers, paragraph 1 shall not apply to arrangements that such a Contracting Party or signatory CARIFORUM give third countries the services and service providers in sectors covered by the internal market or a significant approximation. 16. Paragraph 1 of this article sets out provisions do not apply to granted: (a)) under measures which provide for the recognition of qualifications, licenses or precautionary measures in accordance with article VII of the GATS or its annex on financial services; (b)) in accordance with international agreements or arrangements which wholly or mainly refers to duties; or (c)) under the measures benefiting from MFN exception list in accordance with GATS Article II. 4. for the purposes of this provision "trading superpower" means any developed country, or any country whose share of the world exports has more than one (1) year before the interest referred to in paragraph 1, the economic integration agreement enters into force, or any group of countries acting individually, collectively or through economic integration agreement, part of which is a world commodity exports more than one and a half (1.5) a year before interest referred to in paragraph 1 of the agreement of economic integration into the spēkā17. 5. If any of the CARIFORUM signatory States become party to the agreement of economic integration with a third party referred to in paragraph 1 (b)) and that agreement provides for greater indulgence to such a third party than that of the CARIFORUM signatory States grant EC Contracting Party by this agreement, the Contracting Parties shall hold consultations. The Contracting Parties may decide whether the CARIFORUM signatory States may prevent the EC party to the economic integration of the preferential treatment of the agreement. The joint CARIFORUM-EC Council may take the necessary measures for the adjustment of the agreement. 4. NODAĻAFIZISK temporary presence of persons of business needs and definition of pantsAptvērum 80 1. This chapter applies to contracting parties or signatory CARIFORUM measures relating to managing employees, trainees with higher education, business and service vendors, līgumpakalpojum provider, independent professionals and short-term business visitor entry and residence in their territory in accordance with article 60, paragraph 5. 2. for the purposes of this chapter: (a) the "executives") are natural persons working in the EC contracting parties or signatory CARIFORUM in the legal person which is not-for-profit organization, and is responsible for the establishment of commercial presence or the proper control, administration and operations. "The executives" includes "viesdarbiniek", responsible for the establishment of commercial presence, and the "move" of the company employees. -"viesdarbiniek" means natural persons who work in managerial positions and is responsible for the establishment of commercial presence. They do not engage in direct dealings with the public and do not receive remuneration from a source located in the host EC Contracting Party or signatory CARIFORUM State, respectively; "the company transferred employees" is the EC contracting parties or signatory CARIFORUM physical persons who have been employed in the legal person or have been partners in it for at least one year and who are temporarily transferred to a commercial presence in the territory of the other Contracting Party. Natural person concerned must belong to one of the following categories: 1) managers: people who are legal persons in managerial positions, direct control of the management of presence and which mainly General monitored or run by the company's Board or shareholders ' Council or equivalent body, including: i) directing the commercial presence or the Department or subsidiary bodies; II) person who monitors and controls the other supervisory, professional or managerial employees; (iii)), which has the power to the person personally to recruit and dismiss or recommend recruiting, dismissing or other personnel actions; 2) Professional: persons working in the legal person and has the special knowledge that is essential for commercial presence in connection with production, research equipment, techniques or management. In assessing such knowledge will take into account not only the commercial presence of essential knowledge, but also whether the person has a high level of qualification referring to a type of work or trade requiring specific technical knowledge, including membership of an accredited profession; (b)) ' trainees with higher education "is the EC contracting parties or signatory CARIFORUM physical persons who have been employed EC contracting parties concerned or of the CARIFORUM signatory States the legal person for at least one year, which is the academic degree and who are temporarily assigned to the legal person of a commercial presence in the territory of the other Contracting Party career development objectives or job training methods, or paņēmienos18; (c)) "commercial transaction services vendors" are EC contracting parties or signatory CARIFORUM to natural persons who are Contracting Parties to the respective EC or CARIFORUM signatory service provider representatives who request entry in the territory of the other Contracting Party for the purpose of negotiating for the sale of services or enter into a contract for services that the service provider sales. They do not deal with direct sales to the public and shall receive no remuneration from a source located in the host EC Contracting Party or signatory CARIFORUM State, respectively; (d)) "līgumpakalpojum provider" means the Contracting Party or the EC-CARIFORUM signatory States of physical persons employed by Contracting Parties of that EC or CARIFORUM signatory States of the legal person, who has no commercial presence in the territory of the other Contracting Party, and who have in good faith signed a Treaty (without using agencies as defined by CPC 872) with the final consumer for the provision of services in the other Contracting Party that requires its employees to temporary presence in that Contracting Party; e) "independent professionals" an EC Contracting Party or signatory CARIFORUM physical persons employed with the provision of the service and registered as self-employed persons referred to in the EC or of a Contracting Party in the territory of the CARIFORUM signatory States and have no commercial presence in the territory of the other Contracting Party, and who have in good faith signed agreements with final consumers (not through the Agency, as defined by CPC 872) for the provision of services in the other Contracting Party that requires this temporary presence of persons mentioned in the contracting pusē19; (f) "qualification" means), diplomas and other qualifications (formal qualification) certificate, issued by the authority designated under the law and administrative rules, certifying successful completion of professional training. 81. pantsVadoš employees and trainees with the higher education sector 1, which liberalised in accordance with Chapter 2 of this title, subject to the reservations listed in annex IV, the EC party and the CARIFORUM signatory States permit investors of the other Contracting Party of its commercial presence in the employ of that other Contracting Party natural persons, unless they are leading employees or trainees with higher education, as defined in article 80. Executive entry and stay is for a period of up to three years, the company redeployed staff, ninety days in any twelve-month period one year viesdarbiniek and trainees with higher education. 2. In each sector, which liberalised in accordance with Chapter 2 of this title, the measures taken by the EC party and the CARIFORUM signatory States maintain in force and does not accept the regional apakšdalījum, or the whole of their territory, unless annex IV, unless otherwise provided, shall be defined as discriminatory restrictions on the total number of natural persons that the investor can employ as key employees and trainees with higher education within the sector of numerical quotas or the requirement of an economic needs test. 82. pantsKomercdarījum service vendors in each sector, which liberalised in accordance with that section in Chapter 2 or 3, subject to the reservations listed in annex IV, the EC party and the CARIFORUM signatory States permit up to 90 days in any twelve month period to time to enter and reside in the commercial transaction services vendors. 83. pantsLīgumpakalpojum providers and independent professionals 1. the EC party and the CARIFORUM signatory States confirm their respective obligations arising from their commitments under the GATS in respect of līgumpakalpojum providers and independent professionals. 2. Without prejudice to paragraph 1, EC permits a Contracting Party to provide services in its territory of the CARIFORUM States līgumpakalpojum providers through the presence of natural persons, with the conditions mentioned below and in annex IV the following sub-sectors: 1) legal advisory services in respect of public international law and the rights of foreign (i.e. non-EU law); 2) accounting and rēķinvedīb services; 3) tax advisory services; 4) architectural services; 5) urban planning and landscape architectural services; 6) engineering services; 7)-integrated engineering services; doctors and dentists 8) services; 9) veterinary services; 10) midwives; 11) nurse, physiotherapists and paramedical services; 12) computer and related services; 13) research and development services; 14) advertising services; 15) market research and surveys of the public; 16) management consulting services; 17) management consulting-related services; 18) technical testing and analysis services; 19) related scientific and technical consulting services; 20), including equipment, maintenance and repair of vehicles, especially after the purchase of the līgumpakalpojum or transfer the lease; 21) chef services; 22) fashion demonstrator services; 23) translation and interpretation services; 24) construction site research; 25) higher education services (the only privately funded services); 26) environmental services; 27) travel agencies and travel planners; 28) tourist guide services; 29) entertainment services not audiovisual services. Without prejudice to paragraph 1, authorise the CARIFORUM signatory States to provide services in its territory EC Contracting Parties līgumpakalpojum providers through the presence of natural persons under the conditions mentioned below and in annex IV. The Contracting Parties to the EC and CARIFORUM signatory obligations subject to the following conditions: (a) a natural person is involved) to the temporary provision of services as an employee of a legal person that has obtained a contract for the provision of services for a period not exceeding twelve months; (b)) the natural persons who shall be appointed by the other Contracting Party, to offer relevant services as an employee of a legal person, who offers these services for at least a year before the application for entry in the other Contracting Party. In addition, at the time of the application for entry to the other Contracting Party, natural persons must be at least three years of professional activity in the sector of pieredzei20, which is the subject of the contract; c) except fashion services demonstrator chef services and entertainment services, audiovisual services, which are not natural persons who shall be appointed by the other Contracting Party, shall be such that: (i) academic degree or qualification), attesting an equivalent level zināšanas21, and ii) professional skills, if it is necessary to carry out the activity under the EC Contracting Party or signatory CARIFORUM legislation or requirements applicable, if the service is provided; d) natural person shall receive no remuneration for the provision of services, with the exception of the remuneration paid to the provider of their līgumpakalpojum during a stay in the other Contracting Party; e) temporary entry of natural persons and residence takes the cumulative period, not exceeding six months or, in the case of Luxembourg: twenty-five weeks in any twelve-month period, or the contract period, whichever is the shorter; f) access granted by this article, applies only to services that are the object of the contract, and not giving the right to use the existing professional name where the service is provided; (g) contract for services) the number of persons covered shall be no greater than necessary for the execution of the contract, as may be specified in the legislation of the Contracting Party and the requirements that services are provided; h) other discriminatory restrictions, including limits on the number of individuals economic needs tests in the form set out in annex IV. 3. Without prejudice to paragraph 1, EC permits a Contracting Party to provide services in its territory of the CARIFORUM signatory States are independent professionals with the conditions mentioned below and in annex IV the following sub-sectors: 1) legal advisory services in respect of public international law and the rights of foreign (i.e. non-EU law); 2) architectural services; 3) urban planning and landscape architectural services; 4) engineering services; 5)-integrated engineering services; 6) computer and related services; 7) research and development services; 8) market research and surveys of the public; 9) management consulting services; 10) management consulting-related services; 11) translation and interpretation services. Without prejudice to paragraph 1, authorise the CARIFORUM signatory States to provide services in its territory EC contracting parties independent professionals with the conditions mentioned below and in annex IV. The Contracting Parties to the EC and CARIFORUM signatory obligations subject to the following conditions: (a) a natural person is involved) to the temporary provision of services as the other Contracting Party registered self-employed and have acquired a contract for the provision of services for a period not exceeding twelve months; (b)) at the time of the application for entry to the other Contracting Party, natural persons must be at least six years of professional experience in the sector of activity that is the subject of the contract; c) natural persons who shall be appointed by the other Contracting Party, shall be such that: (i) academic degree or qualification), attesting an equivalent level zināšanas22, and ii) professional skills, if it is necessary to carry out the activity under the EC Contracting Party or signatory CARIFORUM legislation or requirements applicable, if the service is provided; (d) the natural person) the temporary entry and stay within the last period cumulative, not exceeding six months or, in the case of Luxembourg: twenty-five weeks in any twelve-month period, or the contract period, whichever is the shorter; e) access granted by this article, applies only to services that are the object of the contract, and not giving the right to use the existing professional title in which the service is provided; f) other discriminatory restrictions, including limits on the number of individuals economic needs tests in the form set out in annex IV. 84. pantsĪstermiņ-business visitors 1. the EC party and the CARIFORUM signatory States shall endeavour in accordance with its national law to facilitate EC Contracting Party or signatory CARIFORUM (depending on the case) short-term business visitor entry and temporary stay in their territory with a view to: (a) research and design): technical, scientific and statistical researchers in the territory of the other Contracting Party registered on the company's needs; b) marketing research: personnel conducting research or analysis, including market research, the company's needs, which are established in the territory of the other Contracting Party; c) training seminars: Organization EC Contracting Party or signatory CARIFORUM States personnel travelling in the territory of the other Contracting Party, for training the Contracting Parties referred to companies or organizations for use in the methods and working practices, if one received training in not more than watching, welcome and learning in the classroom; d) fairs and exhibitions: staff who attend fairs in order to promote the company or its products or services; e) sales: sales representatives and agents that receive orders or negotiating contracts for goods company, which takes place in the territory of the other Contracting Party, but does not supply goods; (f)): buyers that purchase, buying the company, the management and supervisory employees, involved in the commercial transactions carried out in the territory of the other Contracting Party; g) tourism employees (Hotel, tourism representatives and travel agents, tour guides or tour operators) attending the tourism activities or tourist exhibitions or participate in them, if they are not involved in its sale of the goods or services to the public or its supply of the goods or services themselves, don't get your advantage no remuneration from a source located in the EC Contracting Party or signatory CARIFORUM State, where they temporarily reside , and is not involved in providing the service by contract concluded between a legal person, which has no commercial presence EC Contracting Party or signatory CARIFORUM, which temporarily staying short term business visitors, and consumers of EC Contracting Party or signatory CARIFORUM. 2. The entry and temporary stay in the territory (if allowed) is for a period of up to 90 days in any twelve month period. 5. NODAĻATIESISK Framework 1. applicable terms IEDAĻAVISPĀRĒJ 85. mutual recognition 1. This section shall not in any way interfere with the parties or CARIFORUM signatory States require that individuals have the necessary qualifications and/or professional experience in the relevant sector specific territory in which the service is provided. 2. the Contracting Parties shall encourage their respective territories the relevant professional institutions jointly develop and submit recommendations of mutual recognition of the CARIFORUM-EC trade and Development Committee, to ensure that investors and service providers fully or partially meet the criteria by the EC party and the CARIFORUM signatory States apply to investors and service providers for the authorisation, licensing, accreditation, and certification and, in particular, professional services. 3. the Contracting Parties shall particularly encourage the relevant professional bodies in their respective territories to begin negotiations no later than three years after the entry into force of this agreement with view to jointly develop and submit recommendations of mutual recognition, inter alia, of the following disciplines: accounting, architecture, engineering and tourism. 4. further to the recommendations referred to in the preceding paragraph, the CARIFORUM-EC trade and Development Committee shall examine them within a reasonable period, with a view to determining whether it is consistent with the agreement. 5. Where pursuant to the procedure laid down in paragraph 2 of the recommendation is deemed to be compatible with this agreement and there is sufficient correlation between the Contracting Parties and signatory CARIFORUM the relevant provisions, the Contracting Parties with a view to implementing the recommendations referred to the competent authorities, to negotiate an agreement on requirements, qualifications, licensing and other provisions of the mutual recognition. 6. all such agreements comply with the WTO agreement, in particular of article VII of the GATS, the provisions concerned. 7. the CARIFORUM-EC trade and Development Committee shall report every two years on progress in the mutual recognition. 86. transparency according to paragraph 3 of article 235 of the Contracting Parties and signatory States CARIFORUM to immediately respond to any request by the other Contracting Party with respect to specific information on any of its measures of general application or international agreements relating to this agreement or affect it. The Contracting Parties shall also be provided in one or more points of information, on request, provide certain information of the other party, investors and service providers on all these issues. Such information points are indicated in annex V. Points of information need not be the depositaries of the law. 87. pantsProcedūr-1. If necessary the authorisation for the provision of the service, subject to the specific commitments of the Contracting Parties and signatory CARIFORUM to competent authorities within a reasonable time after the application (which was declared complete in accordance with domestic law) the submission shall inform the applicant of the decision concerning the application. At the request of the applicant or, where appropriate, the Contracting Parties to the CARIFORUM signatory States to the competent authorities without undue delay of the status of the application. 2. the Contracting Parties and signatory States CARIFORUM reserves or create a court, Tribunal or administrative instance or of the procedures to enable the affected investors by or at the request of the service provider immediately to review administrative decisions on commercial presence, the cross-border provision of services or the physical person to the presence of temporary work, and, in justified cases, the appropriate remedies. If such procedures are not independent of the agencies entrusted with the administrative decision concerned, the Contracting Parties and signatory States CARIFORUM ensure procedures actually enable the referral of the objective and neutral. 2. IEDAĻADATORPAKALPOJUM, 88. the concept of pantsDatorpakalpojum 1. in so far as trade is liberalised computer under this section 2, 3, and Chapter 4, the EC party and the CARIFORUM signatory States sign under 2, 3 and 4 defined in paragraph comprehension. 2. CPC 84 UN code used in computer and related services, to describe basic functions used to cover your entire computer and related services: computer programs are defined as the set of the instructions necessary for the computer to work and communication (including the development and implementation of it), data processing and storage and related services, such as consulting and customer staff training. The development of technology has enabled more and more to offer these services as linked services or package that may include some or all of these basic functions. For example, services such as Web or domain izviesošan, data mining and režģisk computing consists of basic computer functions. 3. Computer and related services regardless of whether they are provided on the network, including the internet, covers all services that provide: a computer or computer system) consulting, strategy, analysis, planning, specification, design, development, installation, implementation, integration, testing, debugging, update, support, technical assistance or management; or (b)) computer programs, defined as the set of the instructions necessary for the computer to work and communication (in and of itself), plus computer software consulting, strategy, analysis, planning, specification, design, development, installation, implementation, integration, testing, debugging, updating, customization, maintenance, support, technical assistance, management or use; or (c)), data processing, data storage, data or database izviesošan; or (d)) maintenance and repair services of office machinery and equipment including computers; or (e)) the learning services client personnel in connection with computer programs, computers or computer systems that are not elsewhere classified. 4. Computer and related services allows you to provide other (such as banking) services by electronic and other means. But it is important to distinguish between the enabled services (such as a network or application izviesošan) and content or basic services provided electronically (e.g. banking services). In such cases, the CPC 84 does not apply to content or basic services. 3. IEDAĻAKURJER services 89. actions and definitions this section 1 set all under this section 2, 3, and Chapter 4 of the liberalised regulatory framework courier services principles. 2. for the purposes of this section and the following sections 2, 3 and 4: (a) chapter) "universal service" means a certain quality of postal services in all EC Contracting Parties and signatory CARIFORUM points territory at affordable prices for all users; (b)) ' individual licence ' is before a service subject to authorisation issued by the individual supplier administration. 90. pantsPre an anti-competitive practice prevention Courier industry in accordance with title IV, Chapter 1 of the EC party and the CARIFORUM signatory States maintain in force or introduce appropriate measures to prevent or to continue anti-competitive practices by suppliers who, alone or together, can significantly affect the terms of participation (in terms of price and supply) in the relevant courier services market, taking advantage of their market position. 91. pantsUniversāl service in the EC party and the CARIFORUM signatory has the right to determine their universal service obligations in a way that they want to keep. Such obligations will not be regarded as against the competition themselves, if they are administered in a transparent, non-discriminatory and competitively neutral manner and if they do not impose a greater burden than necessary for EC Contracting Parties and signatory CARIFORUM in a certain type of universal service. 92. pantsIndividuāl license 1. individual license may require only the services that are in the area of universal service. 2. If a separate license is required, makes available to the public the following information: (a) all the licensing criteria and) deadline, which is usually required to make a decision on the licence application; and (b)) the individual license terms and conditions. 3. Reasons for refusal of the individual licence shall communicate to the applicant at his request and appeal procedure is introduced, using independent structure EC Contracting Parties and signatory CARIFORUM level. The procedure should be transparent, non-discriminatory and based on objective criteria. 93. pantsRegulator the independence of regulators is legally separate from the courier service providers and are not the ones exposed. Regulators and the procedures used are objective with respect to all market participants. 4. IEDAĻAELEKTROSAKAR services 94. definitions and scope of application 1. In this section: a) "telecommunications services" means all services consisting of the transmission of electromagnetic signals and capture, and does not include the economic activity that provides the content necessary for delivery of telecommunications; (b)) "Governor" of the telecommunications industry's structure (s), which has an obligation to regulate the telecommunication referred to in this chapter. (c)) "telecommunication original equipment" means the public telecommunications network data delivery equipment and services that: (i)) is only or primarily of one or more suppliers; and (ii)) is not economically or technically advantageous to replace, to provide services; d) "primary service provider" for the telecommunications industry is a service provider, being able to influence the material terms of membership (in terms of price and supply) in the relevant telecommunications services market, because it controls the relevant dimensions, or use their position in the market; e) "interconnector" means a connectivity with suppliers providing public telecommunications networks or services, to allow one service provider users communicate with other users of the service provider and to access other service provider services; f) "universal service" means the set of services of specified quality, which should be available to all users of the EC and the Contracting Party in the territory of the CARIFORUM signatory States irrespective of their geographical location and affordable; on the scope and implementation of the EC party and decided by the CARIFORUM signatory States. 2. for the purposes of this section the following under this section 2, 3 and 4 of the liberalised telecommunications services department, other than a broadcast, the principles of the regulatory framework: voice telephony, packet switching, circuit switching services, telex services, telegraph services, telefax service, private rented scheme services and mobile and personal communications services and systems. 95. pantsRegulator 1. Telecommunications Service regulators are legally distinct and functionally independent of the telecommunications service providers. 2. the Regulator should have sufficient powers to regulate the industry. The regulator's tasks is to be made available to the public in a clear form, in particular where tasks are assigned to more than one body. 3. the decision of regulators and the procedures used are objective with respect to all market participants. 4. without prejudice to the supplier that the regulator's decision, have the right to appeal against that decision to an appeal body that is independent of the parties involved. If the appeal body by nature is not a judicial body, it will always grounds its decision in writing, and its decisions may be reviewed by the impartial and independent judicial authority. The appeal of decisions taken by the authorities are actually enforceable. 96. authorisation to provide telecommunications services 1. As far as possible, the services authorized by simple notification. 2. the license may require addressing questions about numbers and frequencies. The following license terms and conditions are to be disclosed. 3. If a license is necessary: (a) the licensing criteria and) all the time usually required to make a decision on the licence application is to be made public; (b) the licence application) of the reasons for rejection shall communicate to the applicant upon request; c) license applicant has the option to appeal to the appellate body if the license be unreasonably withheld; d) license fees for the grant of a licence require the EC party or a signatory CARIFORUM States shall not exceed the administrative costs, which tend to be associated with the applicable issue, management, control and implementation. 97. pantsKonkurenc security measures for major suppliers in accordance with title IV, Chapter 1 of the EC party and the CARIFORUM signatory States maintain in force or introduce appropriate measures to prevent the suppliers individually or in combination, is the main supplier, to initiate or continue the anti-competitive practices. Anti-competitive practices include, in particular: (a)) involvement in anti-competitive cross-subsidization; (b)) of the competitors for the use of the information of the results against the competition, and; c) barring other providers time to access to technical information for original equipment and relevant commercial information that they need to provide services. 98. pantsTīkl interconnection 1. suppliers authorized to provide the telecommunications services, has the right to negotiate interconnection with other public telecommunications networks and services. Interconnection should in principle agree to commercial negotiations between the companies concerned. 2. The Governor shall ensure that suppliers that information from another company acquires the interconnection in the consultation process, it is used only for the purpose for which it was provided, and always adhere to the transmitted or stored information privacy. 3. Connection to the main service provider supports at any technically feasible point in the network. This connection provides: a) under non-discriminatory terms, conditions (including technical standards and specifications) and rates and not lower quality that is similar to the main provider of the same or similar services to an unrelated service provider or its subsidiaries or other related service provider services; (b)), with the time terms, conditions (including technical standards and specifications) and likmēm23 that are transparent, reasonable, considering economic feasibility, and sufficiently unbundled so that the service provider should not pay for network components or equipment, they are not required to provide the service in question; and (c)) on request in addition to the network termination points offered for most users, for a charge, which reflects the necessary auxiliary equipment installation costs. 4. Procedures applicable to join the main service provider network, make available to the public. 5. the main service provider in the interconnectors shall be disclosed in the agreements or a reference interconnection. 6. A service supplier requesting interconnection with a major supplier, or at any time publicly notified within a reasonable time may apply to an independent domestic body, which may be the regulator, as referred to in article 95, to resolve disputes concerning the interconnection of the terms, conditions and rates. 99. pantsIerobežot resources All procedures concerning limited resources, including frequencies, numbers and rights of way out, allocation and exercise of implementing the objective, timely, transparent and non-discriminatory basis. Data on the current situation regarding the allocated frequency bands be made publicly available, but do not need a more detailed identification of frequencies allocated for specific Government needs. 100. the service pantsUniversāl 1. the EC party or a signatory CARIFORUM State everyone has the right to define the kind of universal service obligation it wishes to maintain. 2. Such obligations are not considered to apply to the competition itself, if they are administered in a transparent, objective and non-discriminatory manner. Such an obligation in respect of the administration of the competition should be neutral and should not impose a greater burden than necessary for EC Contracting Parties and signatory CARIFORUM in a certain type of universal service. 3. All suppliers must be able to provide the universal service. The selection to be made with efficient, transparent and non-discriminatory mechanism. If necessary, the EC party and the CARIFORUM signatory States consider whether universal service provision is unfair burden Organization (s) designated to provide universal service. If on the basis of this is justified, as well as taking into account the market benefit, if any, the organization that offers universal service, national regulators determine whether a mechanism is required universal service provider (s) to offset the costs of universal service obligations or the net cost for distribution. 4. the EC party and the CARIFORUM signatory States shall ensure that: (a) the subscriber lists) all users are available in the State in a form approved by the regulators, whether printed or electronic, or both, and are regularly, at least once a year, clarify; b) organisations providing services referred to in point (a)), apply the principle of non-discrimination in the treatment of the information that they have provided to other organizations. 101. the confidentiality of the information the EC party and the CARIFORUM signatory States with the public telecommunications network and publicly available electronic communications services provides telecommunications and related traffic data privacy without restricting trade in services. 102. pantsPakalpojum provider of dispute 1. In the event of a dispute between the telecommunications network or service provider in connection with the rights and obligations arising under this chapter, the State Governor after the dispute at the request of the person to issue a binding decision to resolve the dispute in the shortest possible time. 5. IEDAĻAFINANŠ services 103. actions and definitions laid down in this section 1 all under this section 2, 3, and 4. the Department of financial services liberalised regulatory principles. 2. for the purposes of this chapter and chapters 2, 3 and 4: (a) chapter) "financial service" means a service of a financial nature offered by a single EC Contracting Parties and signatory CARIFORUM financial service provider. Financial services include the following: a. insurance and related services 1) direct insurance (including co-insurance): i, ii)) life life; reinsurance and retrocession, 2); 3) insurance intermediation, such as brokerage and agent services; and 4) insurance services, such as consultancy, actuarial, risk assessment and claim settlement services. B. banking and other financial services (excluding insurance) 1) deposits and other repayable funds from the public; 2), including all forms of lending consumer credit, mortgage credit, factoring and financing of commercial transaction; 3) financial leasing; 4) all payment and money transmission services, including credit, charge and debit cards, travellers ' cheques and bankers ' drafts; 5 warranties and obligations;) 6) the following item trading for own account or for account of customers, whether on an Exchange or in the over-the-counter market: i) money market instruments (including cheques, bills, certificates of deposit), ii), (iii) foreign currency) derivatives, including, but not limited to, futures and options, iv) Exchange and interest rate instruments, including instruments such as swaps and forward contracts, interest rate futures , v), (vi)) other negotiable instruments and financial assets, including bullion; 7) participation in issues of all kinds of securities, including underwriting and placement as agent, (publicly or privately) and provision of services related to such issues; 8) money brokering; 9) asset management, including cash or portfolio management, all forms of collective investment management, pension fund management, deposit and trust services management; 10) financial asset clearing and interbank dealings, including securities, derivative instruments and other marketable securities; 11) financial information and financial data and processing and related software; 12) Advisory, intermediation and other auxiliary financial in connection with all activities referred to in paragraph 1-11, including a credit database and credit analysis, investment and portfolio analysis, advice on acquisitions and on corporate restructuring and strategy; b) "financial service supplier" means any EC contracting parties or signatory CARIFORUM in the natural or legal person who wishes to provide or provides financial services. The term "financial service supplier" does not include a public institution; (c)) "public authority" means: 1) the EC contracting parties or signatory CARIFORUM Government authority, any central bank or monetary authority or by an EC Contracting Party or signatory CARIFORUM owned or controlled by the authority, which mainly carries out functions or operations non-governmental needs, except institutions which are principally engaged in the provision of financial services on a commercial basis; or 2) private institution, which shall perform the functions usually performed by central bank or monetary authority, when it carries out these functions; (d)) "a new financial service" means a service of a financial nature, including services relating to existing and new instruments or the provision of the instrument, which did not provide any financial service provider in the EC or of a Contracting Party in the territory of the CARIFORUM signatory States, but which provide in the territory of the other Contracting Party. 104. precautionary derogation 1. the EC party and the CARIFORUM signatory States may establish or maintain such precautions as: a) investors, depositors, policy holders or persons to whom a financial service provider's fiduciary obligations, protection; (b) its financial system) immunity and stability. 2. Nothing in this Agreement shall not render the requirement of the EC party or a signatory CARIFORUM States disclose information related to individual customer transactions or accounts, or confidential information or a trade secret, which is held by public authorities. 105. pantsEfektīv and transparent framework 1. the EC party and the CARIFORUM signatory States shall endeavour to submit the above all stakeholders generally applicable measures which the EC party and the CARIFORUM signatory States proposes to give such persons an opportunity to comment on such a measure. For the following measures: (a) inform the official publication); or (b)) otherwise in writing or electronically. 2. the EC party and the CARIFORUM signatory States shall make available to interested parties in their submission filing requirements in connection with the provision of financial services. At the request of the applicant, the EC party or a signatory CARIFORUM informs the applicant of the status of the application. If the relevant EC Contracting Party or signatory CARIFORUM State requires additional information from the applicant, it shall notify the applicant without undue delay. The EC party and the CARIFORUM signatory States shall endeavour to facilitate their territory internationally agreed standard implementation and application of the regulation and supervision of financial services. 106. pantsJaun financial pakalpojumi24 the EC party and the CARIFORUM signatory States of the other Contracting Party, the financial services provider to provide new financial services, which by the way is similar to services provided by the EC party and the CARIFORUM signatory States allow their financial service providers for their own domestic laws, in similar circumstances. The EC party and the CARIFORUM signatory States can determine the legal form in which the service is to be provided, and to require authorisation for the provision of the service. If such authorization is required, a decision shall be taken within a reasonable time and permission may be refused only for precautionary reasons. 107. pantsDat processing 1. the EC party and the CARIFORUM signatory States the permission of the other party, the financial services provider in its territory or outside it to transfer information in electronic or other form processing, where the processing requires that the financial service provider's normal operations. 2. the EC party and the CARIFORUM signatory States shall adopt adequate safeguards the privacy and fundamental rights and the protection of personal liberty, particularly concerning the transfer of personal data. Article 108 exceptions 1. This section does not prevent the EC party and the CARIFORUM signatory, including the national authorities, to carry out exclusive or determine their territory activities or services that are included in the national pension plan or statutory system of social security, except when such activities in accordance with the contracting parties concerned or the CARIFORUM signatory States may make financial service providers in competition with public entities or private institutions. 2. Nothing in this Agreement shall not apply to the central bank or monetary authority or by any other public authority activities in accordance with the monetary or exchange rate policy. 3. This section does not prevent the EC party and the CARIFORUM signatory, including the national authorities, to carry out exclusive or determine their activities or services in the territory of the EC Contracting Party or signatory CARIFORUM in the invoice, guarantee or financial means. 6. IEDAĻASTARPTAUTISK maritime transport services 109. pantsJom, definitions and principles laid down in this section 1 under this section 2, 3 and 4 to chapter liberalised international maritime transport services, the principles of the regulatory framework. 2. for the purposes of this section and the following sections 2, 3 and 4: (a) chapter) "international shipping" includes direct and intermodal transport services, transport of goods using more than one mode of transport, which involved the period of sea transport, with a single transport document, and therefore include a right to a contract with a different mode of transport providers; (b)) ' maritime cargo handling services "means activities carried out in the stevedoring companies, including terminal operators, but not direct the activities of the port workers, if the workforce is organized independently of the stacking or terminal management companies. Activities the following activities are also organizing and monitoring: i) cargo loading/unloading of the vessel/ship; (ii)) fixing/atsaitēšan; (iii) the adoption/transfers) freight and storage before shipment or receipt; (c) "customs clearance services") (or "customs brokerage services") are measures that include customs formalities on behalf of another person in relation to the import, export or transport of goods, if this service is a service provider operating type or part of its operating activities; (d)) "container deployment and storage services" means measures which involve the storage of containers in the port areas or inland for filling/discharge, repair and preparation; e) "maritime agency services" means the operations of maritime agencies that represent one or more lines or marine shipping business interests in a geographical area for the following purposes: (i)) the maritime transport and related services, trade and sales, from pricing to invoice submission, preparation of invoices of goods on behalf of the company, and the acquisition of related services, preparation of documents for resale and business information, (ii) the organisation on behalf of the company) If necessary, arranging the arrival into port or the ship cargo transfer; f) "transport services" means measures which involve the organisation of freight management and supervision of the consignor in the transport and related services, preparation of documents and business information. 3. bearing in mind the interdependence of the Contracting Parties to the existing degree of liberalization with regard to international maritime transport: a) the EC party and the CARIFORUM signatory States apply effectively the principle of unrestricted access to the international maritime market and traffic on a commercial basis and without discrimination; (b)) the EC party and the CARIFORUM signatory States assign vessels to the other Contracting Party or signatory CARIFORUM flags, operated by the other Contracting Party, the service provider arrangements no less favourable than that granted in a Contracting Party in relation to its vessels access to ports, also of port infrastructure and support services, as well as related fees and charges, customs facilities and the assignment of terminal facilities and loading and unloading facilities. 4. in applying these principles, the EC party and the CARIFORUM signatory States: (a) not introduce cargo sharing) conditions for future bilateral agreements with third countries concerning maritime transport services, including the dry and liquid bulk trade and liner, and a reasonable period of time following the termination of the cargo Division, if it existed in previous bilateral agreements; and (b)) on the coming into force of this agreement, abolish and abstain to implement unilateral measures and administrative, technical and other obstacles which could constitute a disguised restriction or discrimination with regard to the free provision of services in international maritime transport. 5. the EC party and the CARIFORUM signatory States permit contracting party international shipping services commercial presence in its territory with the establishment and operating conditions that are not less favourable than the conditions it attaches to your country or a third country service providers depending on where conditions are more favourable. 6. the EC party and the CARIFORUM signatory States of the other Contracting Party international shipping services to acceptable and non-discriminatory terms and conditions to be made available to the following port services: pilotage, towing and tugboat assistance, supplies, fuel and water supply, waste collection and removal of the residue of ballast, Captain of the port services, AIDS to navigation, coastal operational services essential to the operation of the ship, including communications, water and electricity supply , emergency repair equipment, anchorage, berth and mooring. 7. IEDAĻATŪRISM services 110. the scope of the actions set out in this section are all under this section 2, 3, and 4. the Department of tourism services liberalised regulatory principles. 111. pantsPre the prevention of anti-competitive practices in accordance with title IV, Chapter 1 of the EC party and the CARIFORUM signatory States maintain in force or introduce suitable measures to prevent suppliers, in particular tourism distribution networks kontekstā25, substantially affect the rules of participation in the market of tourism services, starting or continuing anti-competitive practices, inter alia, measures against the abuse of a dominant position by imposing unfair prices, exclusivity clauses , the abandonment of the transactions related to sales, quantity limits or vertical integration. 112. pantsPiekļuv technology in the EC party and the CARIFORUM signatory States shall endeavour to facilitate the transfer of technology to commercial, commercial presence CARIFORUM signatory States. 113. pantsMaz and medium enterprise EC Contracting Party and the CARIFORUM signatory States shall endeavour to facilitate small and medium-sized enterprises participation in tourism service industry. 114. the mutual recognition of the Contracting Parties shall cooperate in order to achieve the requirements, qualifications, licenses and other mutual recognition rules in accordance with article 85. 115. pantsTūrism impact on sustainable development in building the Contracting Parties shall encourage CARIFORUM provider participation in international, regional, subregional, bilateral and private funding programs that support the sustainable development of tourism. 116. pantsVid and quality standards of the Contracting Parties and signatory States of the CARIFORUM promote tourism services and the applicable environmental quality standards and applied in an objective way, without creating unnecessary barriers to trade, and trying to facilitate the participation in the CARIFORUM signatory organizations which determine the environmental and quality standards applicable to tourist services. 117. pantsAttīstīb cooperation and technical assistance 1. The Contracting Parties shall cooperate in the development of the tourism sector, the CARIFORUM signatory States of the Contracting Parties, taking into account the levels of development of the asymmetry. 2. pursuant to article 7, the Contracting Parties agree to cooperate, including support promotion in the following areas: (a) national accounting system) upgrading to facilitate tourism satellite accounts embedded (TSA) implementation at the regional and local level; (b)) the environmental management capacity of the tourism sector at the regional and local level; c) internet marketing strategy development for small and medium-sized tourism businesses in the tourism sector; d) mechanisms that ensure effective participation in the CARIFORUM signatory States in international standard-setting bodies dealing with sustainable tourism standards; in the country/region and international sustainable tourism standards and of equivalence; and programs aimed at increasing regional tourism service provider compliance level sustainable tourism standards; e) tourism exchanges and training, including the linguistic training, tourism service providers. 118. the exchange of information and consultations 1. the Contracting Parties agree to exchange experience, information and best practices, and consult on the issues presented in this section and shall apply to trade between the Contracting Parties. CARIFORUM-EC trade and Development Committee shall establish procedures for regular dialogue on the issues covered in this section. 2. where appropriate, the contracting parties involved in this dialogue private and other relevant stakeholders with their consent. 3. the parties also agree that it would be appropriate for a regular dialogue about the issue of the Guide. 6. NODAĻAELEKTRONISK Commerce pantsMērķ and 119. principles 1. the Contracting Parties, recognizing that electronic commerce expands trade opportunities in many sectors, agree to promote mutual electronic commerce, in particular through cooperation on issues that electronic commerce in connection with this section. 2. The Contracting Parties agree that the development of electronic commerce must be completely compatible with the highest international standards of data protection to ensure user confidence in electronic commerce. 3. The Contracting Parties agree that the delivery by electronic means are considered in this section of the provision of services within the meaning of section 3, which cannot be subject to customs duties. 120. pants-Commerce regulatory aspects 1. Contracting Parties shall form a dialogue for electronic commerce of material regulatory issues; including the following questions are addressed: (a)) public electronic signature certificate issued the recognition and facilitation of cross-border certification services; b) intermediary service provider liability in connection with the transmission or storage of information; c) treatment of unwanted electronic commerce communications; d) consumer protection electronic commerce environment; e) other issues related to the development of electronic commerce. 2. This cooperation may include the exchange of information on the respective Contracting Parties and signatory CARIFORUM legislation on these matters, as well as on the implementation of the law. 7. NODAĻASADARBĪB. 1. pantsSadarbīb 121 of the Contracting Parties recognize the importance of technical cooperation and assistance, to complement the liberalisation of services and investment, support the efforts of the CARIFORUM signatory States to increase service delivery capacity, facilitate the implementation of the obligations under this section, and reached the objectives of this agreement. 2. pursuant to article 7, the Contracting Parties agree to cooperate in the provision of aid, including technical assistance, training and capacity building, in particular: (a) improve the CARIFORUM signatory States) service providers ' ability to gather information about EC Contracting Parties rules and standards of the European Community, the national and lower levels, and to execute them; (b) the increase of the CARIFORUM signatory States) service provider of export capacity, with special emphasis on tourism and cultural services, small and medium business needs, franchising and the negotiation of mutual recognition agreements; (c) to facilitate interaction and dialogue) between the EC and CARIFORUM Contracting Parties signatory to service providers; (d) to address quality and standards) needs in sectors where CARIFORUM signatory States have entered into commitments under this agreement and for the domestic and regional markets, as well as trade between the Contracting Parties, and to ensure the participation of sustainable tourism development and adoption of standards; e) develop and implement regulatory regimes for particular services sectors and the CARIFORUM region level in the signatory States CARIFORUM in sectors where they have accepted obligations under this agreement; and (f)) to establish mechanisms for the promotion of investment and joint ventures between the EC and CARIFORUM Contracting Parties signatory to service providers and increase investment promotion agencies in CARIFORUM signatory power. SADAĻAKĀRTĒJ III payments and capital payments 122. pantsKārtēj according to article 124 CARIFORUM signatory States and the EC party undertakes not to set limits and allow a freely convertible currency to make all payments for current transactions between the Contracting Parties and the CARIFORUM residents. 123. pantsKapitāl movement 1. For transactions in the balance of payments capital account CARIFORUM signatory States and the EC party undertakes not to impose restrictions on the free movement of capital relating to direct investments made in accordance with the laws of the host country and investments made in accordance with title II, as well as the investment and profit from them for the liquidation or repatriation. 2. The Contracting Parties shall consult with a view to promoting mutual capital movements, to promote the attainment of the objectives of this agreement. 124. pantsAizsargpasākum 1. If, in exceptional circumstances, payments and capital movements between the parties causing or likely to cause serious difficulties in connection with the operation of monetary policy or exchange rate policy in one or more of the CARIFORUM States or in one or more Member States of the European Union, the EC party or a signatory CARIFORUM (s), up to a maximum of six months, may be determined by the movement of capital related protection measures that are absolutely necessary. 2. The joint CARIFORUM-EC Council shall be informed immediately of the adoption of safeguard measures and each as soon as possible on the the schedule for withdrawal. (IV) trade related issues SADAĻAAR 1. NODAĻAKONKURENC definitions in this chapter of 125.: 1) "competition authority" EC party "is" the European Commission, CARIFORUM States: one or more of the appropriate authorities of competition: the competition Commission and CARICOM/Dominican Republic Comisión Nacional de Defensa de la Competenci. 2) "application procedure" means the procedure by which a Contracting Party to the competent competition authority is defined by one or more undertakings, to detect and correct the anti-competitive activity. 3) "competition law" are the following: (a) the Contracting Party), of the Treaty establishing the European Community, articles 81, 82 and 86 article. and their implementing provisions or amendments; b) revised CARIFORUM countries — Čagvaramas 2001 July 5, Chapter 8 of the Treaty, national competition laws that comply with the revised Čagvaramas agreement and the Bahamas and the Dominican Republic with competition law. The coming into force of this agreement and subsequent adoption of such rights shall be notified to the EC party to the CARIFORUM-EC trade and Development Committee. 126. pantsPrincip the Contracting Parties recognize that their trade relations, the importance of free and undistorted competition. The Contracting Parties declare that anti-competitive business practices potentially can distort the proper functioning of the market and in general reduce the benefits of trade liberalization. Therefore, the Contracting Parties agree that the practices which restrict competition, in so far as it may affect trade between the Contracting Parties, is incompatible with the proper functioning of this agreement: (a)) the agreement and concerted practices between undertakings which have as their object or effect is to prevent competition or substantial reduction across the EC contracting parties or of the CARIFORUM States or in substantial part in the territory; (b) one or more companies) abuse of market power throughout the EC contracting parties or of the CARIFORUM States or in substantial part in the territory. 127.1. implementation the Contracting Parties and signatory States CARIFORUM provides that within five years from the entry into force of this agreement, it is the law in force governing the restrictions on competition by enterprises within their jurisdiction, as well as established in article 125, paragraph 1. 2. That legislation enters into force and creating a structure referred to in paragraph 1, the Contracting Parties shall implement article 128. The Contracting Parties further agree to review the operation of this chapter by the trust building period, which lasts between competent authorities, six years after the beginning of operation of article 128. 128. information and cooperation in the field of enforcement 1. each competent authority may inform the other competent authorities of the willingness to cooperate with regard to implementing measures. This cooperation shall not prevent a Contracting Party or signatory CARIFORUM to take independent decisions. 2. In order to facilitate their respective competition laws effectively, the competition authorities may exchange non-confidential information. The whole Exchange of information covered in each of the Contracting Parties and signatory States of the CARIFORUM existing privacy standards. 3. each competition authority may inform the competition authorities of other information in their possession, which suggests that in the territory of the other Contracting Party used anti-competitive business practices covered by the scope of this chapter. Each Contracting Party's competition authority under its practices, decide on the type of exchange of information. In addition, each may inform the competition authority of the other party, the competition authority of any enforcement proceedings which it carried out in the following cases: (i)), which investigates is completely around the competition authorities of the other jurisdiction or a substantial part thereof; II) feature that is likely to be applied, there is a demand to ban the activities of the other party or in the territories of the CARIFORUM signatory States; III) action that investigates, includes action which is considered by the other Contracting Party or signatory CARIFORUM required, encouraged or approved. 129. pantsPublisk companies and enterprises with special or exclusive rights, including monopolies provided 1. this Agreement shall not prevent a Contracting Party or signatory CARIFORUM to fix or maintain a public or private monopolies according to their respective legislation. 2. In the case of public undertakings and undertakings granted special or exclusive rights, the Contracting Parties and signatory CARIFORUM States shall ensure that after the date of entry into force of this agreement will not be implemented, and not apply any measures that hinder trade in goods and services between the parties to such an extent that is contrary to the interests of the Contracting Parties and that, with regard to such undertakings subject to the competition rules, in so far as the application thereof does not pose legal or actual barriers to implement those specific tasks. 3. By way of derogation from paragraph 2, the Contracting Parties agree that, if the public companies in the signatory States of the CARIFORUM apply special sectoral rules in accordance with the mandate laid down in the relevant legal framework, this article does not link and not governed by any such public companies. 4. the Contracting Parties and signatory States CARIFORUM, without prejudice to any obligations arising under the WTO agreement, progressively adjust all commercial kind or nature of the monopoly so as to ensure that the five-year term ends after the entry into force of this agreement between the European Community nationals and nationals of the CARIFORUM States there would be no discrimination regarding the conditions under which the selling or buying of goods and services unless such discrimination is not the existence of monopolies. 5. the CARIFORUM-EC trade and Development Committee shall be informed of the industry referred to in paragraph 3 of the rules on entry into force and the implementation of paragraph 4, the measures adopted. 130. pantsSadarbīb-1. the Contracting Parties agree on the importance of technical assistance and capacity building to facilitate the implementation of commitments and the achievement of the objectives of this chapter, in particular, ensure effective and sound competition policies and rules, primarily referred to in article 127. confidence-building period. 2. pursuant to article 7 the Contracting Parties agree to cooperate, including support, in the following areas: (a) the competition authorities of the CARIFORUM) effective operation; (b) guidelines, manuals), and, where appropriate, legislation project development; (c) the provision of independent experts); and (d) the provision of training for personnel), which involved in the implementation of competition policy and enforcement. 2. NODAĻAINOVĀCIJ and intellectual property pantsKontekst. 131.1 the Contracting Parties agree that innovation and creative activities promotion improves competition and is a crucial element of their economic partnership, to achieve sustainable development, promote trade and ensure the CARIFORUM progressive integration into the world economy. 2. also recognizes that intellectual property protection and its execution are central to creativity, innovation and competition, and consistently undertakes to ensure a suitable level of development level of protection. 132. the objectives of this chapter are pantsMērķ are the following: (a) the Contracting Parties) to promote the establishment of the innovation process, including eco-innovation; (b) encourage Contracting Parties) establishment, in particular micro, small and medium-sized enterprises, more competitive; (c)) to facilitate innovative and creative activity the production and trade between the Contracting Parties; (d)) to make suitable and effective intellectual property rights protection and implementation; e) contribute to the promotion of technological innovation and the technology and knowledge transfer and dissemination; (f) promote, develop and) facilitating cooperation in research and development activities in science and technology between the Contracting Parties, as well as to develop a lasting relationship between the Contracting Parties ' scientific communities; (g) to encourage, develop and) facilitating cooperation in research and the development of creative industry between the Contracting Parties, as well as to develop a lasting relationship between the Contracting Parties in the creative community; (h)) to promote and strengthen regional cooperation activities involving the European outermost regions of the community, in order to allow these regions and the CARIFORUM States mutually gain from their proximity and location next door, creating an innovative and competitive in the regional area. 1. IEDAĻAINOVĀCIJ. pantsReģionāl integration of 133 parties recognise that it is necessary to adopt measures and policies at the regional level, in order fully to achieve the objectives of this section. The CARIFORUM States agree to increase activity at regional level with a view to providing companies, regulatory and political framework that would promote competition through innovation and creative activity. 134. pantsDalīb framework programmes 1. Contracting Parties and signatory States of the CARIFORUM participation in existing and future framework programmes, specific programmes and other activities of the other Contracting Party is relaxed and facilitate, in so far as it allows each Contracting Party's internal rules governing access to the programs and the measures concerned. 2. the CARIFORUM-EC trade and Development Committee may make recommendations to facilitate the CARIFORUM institutions and companies mentioned in point 1 of the membership programs, and regularly review such participation. 135. pantsSadarbīb competition and innovation 1. The Contracting Parties recognize that creativity and innovation are essential for the development of entrepreneurship and competition and the General objectives of this agreement. 2. pursuant to article 7 and 134, the Contracting Parties agree to cooperate, including support, in the following areas: (a)), the modernisation, diversification, innovation, development and product and process quality promotion; b) creativity and design, particularly micro-enterprises, small and medium-sized enterprises, and the EC and CARIFORUM countries design center network exchanges; c) dialogue, exchange of experience and information between corporate networks; d) technical assistance, conferences, seminars, exchange visits, industrial and technical study, participation in round tables and General and sectoral trade fairs; e) contacts and promotion of industrial cooperation by encouraging joint investments and joint ventures and networks in existing and future programmes; f) research and development activities promoting CARIFORUM partnership countries with a view to improving the innovation system; and (g)) of the European Community, CARIFORUM and partner links between innovation and technology transfer promotion intensification. 136. pantsSadarbīb science and technology 1. the Contracting Parties shall encourage research and technological development activities of the cooperative participation according to their internal rules. You can have this kind of cooperation measures: (a) a joint initiative of the who) raises awareness of the European Community's scientific and technological capacity building programmes, including the European 7th framework programme for research and technological development (FP7) and the possible next program international aspect; (b) joint research networks), which represent the common interest; c) researchers and experts-exchange, contributing to the preparation of projects and participation in FP7 and other European Community research programmes; d) joint scientific meetings to foster exchanges of information and interaction and to establish common research areas; e) in-depth scientific and technological research that contribute to the promotion of both Contracting Parties, a lasting, sustainable development; f) public and private sector linkages; (g) evaluation of the work) and the dissemination of the results; h) policy dialogue and scientific and technological information and experience at regional level; I) exchange of information on the regional level, the regional science and technology programmes; j) participation in the European Institute of innovation and technology in the knowledge and innovation communities. 2. In particular, the role of the human as a scientific and technological excellence in sustainable base and potential Contracting Parties of both scientific and technological creation of permanent links between the national and regional levels. 3. Accordingly, in this cooperation involved in research centres, higher education institutions and other interested parties, including micro-enterprises, small and medium-sized enterprises located in the Contracting Parties. 4. the Contracting Parties shall encourage the participation of their respective bodies to each other's respective Scientific and technological programmes, to achieve mutually beneficial scientific excellence in accordance with the respective provisions governing legal persons of third countries. 137. pantsSadarbīb information society and information and communication technology issues 1. The Contracting Parties recognize that information and communication technologies (ICT) are the main industry in modern society and they have a vital role in creativity, innovation and competitiveness and the steady transition to the information society. 2. pursuant to article 7 and 134, the Contracting Parties agree to cooperate, including support, in the following areas: a) dialogue on information society policy of the different aspects relating to the promotion of the information society, and supervision; (b) exchange of information on laws, regulations) issues; (c)) the exchange of information on standards and compatibility issues; (d) promotion of cooperation in IST) research and development and for ICT-based research infrastructure; e) non-commercial content and trial application development areas with a strong impact on society; and (f)) IS the capacities, in particular by promoting the establishment of networks, exchange of experts and training, particularly in the regulatory sphere. 138. pantsSadarbīb ecological innovation and renewable energy issues 1. Aiming at sustainable development and with the aim of helping to increase the positive as possible and to minimise the negative impact on the environment created by this agreement, the contracting parties recognise the importance of promoting such forms of innovation that benefit the environment in all sectors of the economy. These forms include ecological innovation and energy efficiency atjaunīgo energy sources. 2. pursuant to article 7 and 134, the Contracting Parties agree to cooperate, including support, in the following areas: (a)) projects related to environmentally friendly products, technologies, production processes, service, leadership, and business methods, including those associated with suitable water saving and the so-called clean development mechanism uses;
b) projects relating to energy efficiency and renewable energy; (c) environmental innovation network) and the promotion of clusters, including through public and private partnerships; d) information, exchange of experience and expertise; (e) awareness-raising and education); (f) preparation and study) the provision of technical assistance; g) work together in research and development; and (h)) pilot and demonstration projects. 2. IEDAĻAINTELEKTUĀL estate APAKŠIEDAĻAPRINCIP 1 to 139. the nature of the obligation and the scope of the EC party and the CARIFORUM signatory States shall ensure that adequate and effective implementation of international agreements relating to intellectual property, in which they are parties, and the agreement on trade-related aspects of intellectual property rights included in the agreement establishing the World Trade Organisation (hereinafter referred to as "the TRIPS Agreement") i. (C) in the annex. 2. the EC party and the CARIFORUM signatory States agree that the TRIPS agreement the principles set out in article 8 shall apply to this section. The Contracting Parties also agree that intellectual property rights adequate and effective implementation of the CARIFORUM States should be taken into account development needs, creating a balance of rights and obligations rights holders and users, and to allow a Contracting Party to the EC and CARIFORUM signatory States to protect public health and the food. Nothing in this agreement should not be seen as one that undermines the Contracting Parties and signatory CARIFORUM ' ability to promote access to medicines. 3. for the purposes of this agreement, intellectual property rights include copyright (including copyright in computer programs, and neighbouring rights); functional models; patents, including biotechnology invention patents; plant variety protection; the designs; configuration scheme of circuits (topographies); geographical indications; trademarks or service marks; protection of databases; protection against unfair competition as referred to in article 10 bis of the Paris Convention for the protection of industrial property and confidential technological information available. 4. in addition and without prejudice to existing international obligations and following the EC party and the CARIFORUM signatory States implement the provisions of this section and shall ensure that adequate and effective implementation not later than 1 January 2014 at the CARIFORUM-EC, unless the trade and Development Committee determines otherwise, taking into account the development of the signatory CARIFORUM priorities and level of development. The EC party and the CARIFORUM signatory States are entitled to their own legal system and practice limits free to choose the appropriate requirements of this section. 5. the EC party and the CARIFORUM signatory States may (but is not obliged to) provide a much more detailed in its law protection than required by this section, provided that such protection does not conflict with the provisions of this agreement. 140. pantsVismazāk developed countries without prejudice to article 139 and point 4, the least developed countries that are parties to this agreement, you are asked to apply the following rules as set out below: (a) only) the TRIPS agreement obligations in connection with the pace equal to what they may be required for the implementation of the TRIPS agreement in accordance with the relevant decisions of the Council for trips or other applicable decisions of the General Council of the WTO; (b) the obligation under this section) of subsection 2 and 3 not later than 1 January 2021, unless the CARIFORUM-EC trade and Development Committee determines otherwise, taking into account the relevant decisions referred to in paragraph (a)). 141. pantsReģionāl integration 1. the EC party and the CARIFORUM signatory States undertake to continue to consider the further steps in the direction of deeper integration in the regions concerned, in their intellectual property rights. Process includes intellectual property further harmonisation of legislation, further progress towards national intellectual property and regional management, as well as, where appropriate, regional intellectual property creation and management. 2. the EC party and the CARIFORUM signatory States undertake to move towards harmonised level of protection of intellectual property in their respective regions. 142. pantsTehnoloģij transfer 1. the EC party and the CARIFORUM signatory States agree to exchange views and information about their practices and policies that affect the transfer of technology and in their respective regions, and with third countries. This includes, in particular, measures to encourage the flow of information, corporate partnerships, licensing and subcontracting. Particular attention should be paid to the conditions that are necessary to create an adequate environment, enabling technology for host countries, including issues such as human capital development and legal framework. 2. the EC party and the CARIFORUM signatory States shall determine the appropriate measures to prevent or limit the licensing practices or conditions relating to intellectual property rights, which may adversely affect the international transfer of technology, and which is subject to the legislation of intellectual property infringement or an obvious infringement of the asymmetry of information of licensing negotiations. 3. the EC party shall facilitate and promote the use of incentives, institutions and businesses in its territory, the transfer of technology institutions and enterprises to the CARIFORUM countries allow CARIFORUM States to create a viable technological base. The EC party shall endeavour to bring to the CARIFORUM-EC trade and Development Committee's attention on all known measures and transparent discussion. 2. APAKŠIEDAĻASTANDART relating to intellectual property rights and related rights 143. pantsAutortiesīb a. international agreements 1. the EC party and the CARIFORUM signatory States respect: a) the World Intellectual Property Organization (WIPO) Copyright Treaty (Geneva, 1996); and (b)) the WIPO performances and Phonograms Treaty (Geneva, 1996). 2. aim the CARIFORUM signatory States accede to the Rome Convention for performers, phonogram producers and broadcasting organizations protection (1961). B. Cooperation in the management of collective rights of the EC party and the CARIFORUM signatory States shall facilitate the agreement between their respective agencies with the purpose of copyright to mutually provide easier access to licences and licences for the use of the content of the regional level throughout the EC and the Contracting Party in the territory of the CARIFORUM signatory States to rightholders to compensate adequately for the use of such content. 144. pantsPreč mark a. registration procedures in the EC party and the CARIFORUM signatory States creates a system of registration of trade marks, where each final decision adopted by the Board of trade marks, is justified and reduced to writing. The applicant must be able to challenge the refusal to register the trade mark and the refusal of the Court of final appeal. The EC party and the CARIFORUM signatory States also introduces the possibility of opposition to the registration of trade marks after publication of the application. The EC party and the CARIFORUM signatory States creates public electronic databases with trade mark applications and registered trade marks. B. the well-known trademarks of EC Contracting Party and the CARIFORUM signatory States the obligations of the TRIPS Agreement recalls the well-known trade mark concept to apply to service marks. In determining whether a mark is well known, the EC party and the CARIFORUM signatory States shall endeavour to apply the joint recommendations adopted for the protection of industrial property Paris Union Assembly and the WIPO General Assembly 1999 20-29 September the Member States of WIPO forty-fourth meetings of the Assembly. C. Internet use the EC party and the CARIFORUM signatory States acknowledges the need for a clear legal framework for trademark owners who want to use their trademarks on the internet and participate in the development of electronic commerce, and it includes rules involving the question of whether the use of the mark on the internet has contributed to the acquisition or the mark infringement and whether any such use is unfair competition case, and remedies. In this context, the EC party and the CARIFORUM signatory States shall endeavour to apply the joint recommendation on the protection of marks and other industrial property rights in signs, on the internet by the WIPO adopted the 2001 24 September – 3 October, Member States of WIPO thirty-sixth Assembly meetings. D. trademark license EC Contracting Party and the CARIFORUM signatory States shall endeavour to apply the combined recommendations on trademark licenses, adopted by the protection of industrial property Paris Union Assembly and the WIPO General Assembly in the year 2000, 25 September-3 October, Member States of WIPO thirty-fifth Assembly meetings. E. international agreements the EC party and the CARIFORUM signatory States seeking to join the Protocol relating to the Madrid Agreement concerning the international registration of marks (1989), and the revised Treaty on trademark law (2006). F. exceptions to trademark rights attaching to the EC party and the CARIFORUM signatory States shall ensure that fair use descriptive labels, including geographical indications, as a limited exemption from trademark rights allocated. The limited exceptions take account of the trade mark owner and the legitimate interests of third parties. 145. (A) the indications pantsĢeogrāfisk. protection in the country of origin 1. Nothing in this agreement does not require the EC party and the CARIFORUM signatory States within its territory to protect geographical indications which are protected in their country of origin. 2. create the CARIFORUM signatory States of geographical indications protection in its territory not later than 1 January 2014. The Contracting Parties shall, in accordance with paragraph 2 of article 164 c) cooperate with the CARIFORUM-EC trade and Development Committee to develop their geographical indications in the territory of the CARIFORUM States. To that end, within six months from the entry into force of this agreement, the CARIFORUM countries submit to the CARIFORUM-EC trade and Development Committee a list of expected CARIFORUM geographical indications for discussion and comments. 3. the Contracting Parties of the CARIFORUM-EC Trade and Development Committee, consult the effective implementation of this article and shall exchange information on the legislative and political developments in connection with geographical indications. (B) the term of protection, the protection provided by 1 with respect to geographical indications EC Contracting Parties and signatory CARIFORUM States, to be granted in accordance with the Contracting Parties or the law of the CARIFORUM signatory States of the system and practices, and is not specific to laiku26. 2. Such protection shall ensure that the use of the geographical indications of goods protected under paragraph 1, EC and CARIFORUM signatory States is exclusively reserved for goods originating in the geographical area and that is produced in accordance with the relevant specifications of the product. 3. in respect of geographical indications, the protection of the EC party and the CARIFORUM signatory States, on its own initiative or at the request of the person concerned, prohibits and prevents: (a)) regardless of the class of the product in which it is used, in their territory to any item description or design that indicates or suggests that the product concerned originating in another geographic area, rather than the true place of origin, or in such a way as to mislead the public as to the true geographical origin of the goods; otherwise, what is unfair competition action 10 bis of the Paris Convention, within the meaning of article; (b) the use of the name) of the goods in the same class as the product geographical indication which do not originate in the geographical area indicated, even when: (i)) is the true origin of the goods, (ii)) the geographical indication is used in translation, III) is added to the name in the legend as "kind", "type", "style", "imitation", "method" or other similar expressions. 4. It must be possible to cancel the registration of the geographical indication. It meant the procedure be allowed to participate in any natural or legal person having a legitimate interest. C. General terms of plant varieties, animal breeds 1. the EC party and the CARIFORUM signatory States are required to apply in section B that the protection of geographical indications of goods during the pointer is identical to the term, which in the language of the habit is used as a generic name for the goods within their territory. 2. This section does not require any contracting party to the EC and CARIFORUM signatory States referred to in section B the protection of geographical indications application of vine, plant or animal products where the indication is identical with the grape variety, a plant variety or animal breed that can be found in the EC or the Contracting Party in the territory of the CARIFORUM signatory States from the date of entry into force of this agreement. 3. EC Contracting Party and the CARIFORUM signatory States of the homonymous geographical indications protected, unless the practice is distinct enough first protected geographical indication and then protected homonym, having regard to the need to treat the producers concerned fairly and not to mislead consumers. A homonymous name which misleads the consumer and suggest that products come from another territory of the EC party or the signatory CARIFORUM does not protect. 4. If the EC contracting parties or signatory CARIFORUM is the homonymous geographical indication of a third country, the geographical indication shall apply mutatis mutandis to article 23 of the TRIPS Agreement (3). (D) geographical indications and trademarks for the geographical indication 1 EC Contracting Party or signatory CARIFORUM State shall not be registered where, in the light of a trademark's reputation and popularity and long period of use, registration is liable to mislead the consumer as to the true identity of the product. 2. From the entry into force of this agreement, the registration of the trade mark, which is like, contains, or is identical to a geographical indication protected by relevant EC Contracting Party or signatory CARIFORUM States according to section B and relating to the same product group, refused the EC Contracting Party or signatory CARIFORUM. In addition, the registration of a trade mark under conditions decline, respectively, the Contracting Party or signatory CARIFORUM States, if an application to register a trade mark shall be filed after the date on which the application is made to protect the geographical indication in a given territory, and then a geographical indication is protected. 3. Trademarks registered in breach of the preceding paragraph shall be recognised as invalid. 4. the EC party and the CARIFORUM signatory States shall ensure that under section D, point 2 and 3 mark that meets one of the (B) section 3 of the cases referred to in paragraph and which apply in good faith, or created using registered, if such a possibility is provided for in the relevant legislation, EC or of a Contracting Party in the territory of the CARIFORUM signatory States before the WTO obligations as of the date of application of the EC Contracting Party or signatory CARIFORUM State or before the date When the filed geographical indication registration may continue to apply regardless of the registration of geographical indications, if one is not on the recognition of the trade mark, or revocation as set out in the Contracting Party or signatory CARIFORUM legislation. In this case, the use of geographical indications in addition to allow the relevant trade mark. E. agreement on Further protection of the EC party and the CARIFORUM signatory States no later than 1 January 2014 begins negotiations with a view to conclude an agreement on the protection of geographical indications in the territory concerned, without prejudice to the individual protection applications which can be submitted directly. F. Internet use EC Contracting Party and the CARIFORUM signatory States acknowledges the need for a clear legal framework for geographical indications for owners who want to use their own geographical indications on the internet and participate in the development of electronic commerce; It includes provisions that concern the question whether the use of the mark on the internet has contributed to the geographical indications of the usurper, undo memory, abuse or misconduct and whether any such use is a case of unfair competition and the necessary remedies, including domain name transfer or abolition. In this context, the EC party and the CARIFORUM signatory States shall endeavour to apply the joint recommendation on the protection of marks and other industrial property rights in signs, on the internet by the WIPO adopted the 2001 24 September – 3 October, Member States of WIPO thirty-sixth Assembly meetings. 146. pantsRūpniecisk therein (A). international agreements the EU Contracting Party and the CARIFORUM signatory States seeking to join the Hague Agreement concerning the international registration of industrial designs (1999. year). B. protection requirements 1. EU Contracting Party and the CARIFORUM signatory States ensure the protection of independently created industrial designs that are new or original and individual in character. 2. A design shall be considered new if disclosure of identical design has been made available. 3. A design shall be considered to have individual character if the overall impression it produces on the informed user differs from the overall impression produced on such a user by any design which has been made available to the public. 4. a design shall be protected by registration, and they give their holders exclusive rights in accordance with this article. Unregistered designs gives the same exclusive rights, but only if the contested use occurs in a protected copy of the design. Unregistered designs and textile designs can protect design rights or copyright. C. exceptions 1. the EC party and the CARIFORUM signatory States may provide limited exceptions to the protection of industrial designs, provided that such exceptions do not conflict with the protected industrial designs of the ordinary use and without justification does not restrict the owner of the protected design, the legitimate interests, taking into account the legitimate interests of third parties. 2. Design protection is not extended to designs that were created on the basis of the technical or functional considerations. 3. A design right shall not subsist in a design which is contrary to public policy or to accepted principles of morality. D. the rights granted 1. protected industrial design owner shall have the right to prevent any third party without the owner's consent from making, offering, sale, import, store, or use items that have or are themselves protected design, when such acts are committed for commercial purposes or unduly prevent normal use of the design, or is not compatible with fair trade practice. 2. in the case of unregistered designs contested exploitation shall not be deemed the result of copying the protected design if it arises from the designer to the independent creative work, for which it can be considered that it has been known that the holder of the design made available to the public. E. term of protection 1. Its initial term of protection available to the EC and the CARIFORUM signatory States after registration, lasts for at least 5 years. At the request of the legal entity registration renewed for one or more of the five-year periods, up to a maximum of 25 years from the date of filing, unless the renewal fee has been paid. 2. the term of protection to unregistered designs available for EC Contracting Parties and signatory CARIFORUM States, lasting at least three years from the time when the disclosure of the design of the area in question. F. relationship with the copyrighted design protected by a design right registered in one Contracting Party or signatory CARIFORUM State in accordance with this article shall also have the right to protection under that Contracting Party or signatory CARIFORUM in the Copyright Act from the date on which the design was created or fixed in any way. 147. pantsPatent. international agreements (A) 1. the EC party shall ensure compliance with the following contracts: (a) the patent cooperation treaty) (Washington, 1970, amended in 1984); (b)) of the Treaty on patent law (Geneva, 2000); c) Budapest Treaty on the international recognition of the deposit of microorganisms for the purposes of patent procedure (1977, modified in 1980); 2. Add the CARIFORUM signatory States of: (a) the patent cooperation treaty) (Washington, 1970, amended in 1984); (b) the Budapest Treaty) for the micro-organism deposit of international recognition for the purposes of patent procedure (1977, modified in 1980); 3. the CARIFORUM signatory States seeking to join the Treaty on patent law (Geneva, 2000). B. patents and public health the EC party and the CARIFORUM signatory States acknowledges the importance of the Doha Declaration on the TRIPS Agreement and public health, what have the 2001 14 November, adopted by the Ministerial Conference of the WTO, and the WTO General Council on 30 august 2003 decision on paragraph 6 of the Doha Declaration on the TRIPS Agreement and public health, and agree to take the measures necessary to agree to the Protocol amending the TRIPS agreement signed on 6 December 2005 in Geneva. 148. pantsFunkcionāl models a. protection requirements 1. the EC party and the CARIFORUM signatory States can provide protection to the products and processes in any technology sector, provided they are new, some are not transparent and are used industrially. 2. the EC party or CARIFORUM signatory States may refuse protection of the products and processes that prevent the commercial exploitation of the territory it is necessary to protect ordre public or morality, human, animal and plant life or health or to avoid serious damage to the environment, provided that such a refusal is based not only on their laws that prohibit such use. 3. the EC party and the CARIFORUM signatory States can exclude: (a) protection) diagnostic, therapy and surgical methods for the treatment of humans or animals; (b) according to article 150) plants and animals other than micro-organisms, and essentially biological processes for crop production or animal husbandry, not non-biological and microbiological processes. 4. This article shall not affect the EC Contracting Party or signatory CARIFORUM in the existing legislation. (B) the term of protection available protection does not expire after five years, does not exceed ten years from the date of filing or the priority date if priority is claimed. C. relationship with patents 1. other patents the TRIPS agreement article 5 conditions and flexibility applicable functional models, by analogy, in particular those that may be necessary for the protection of public health. 2. the granting of the Patent application can be converted to a functional model in the application, unless the request for conversion is made before the grant of the patent. 149. pantsAug varieties 1. the EC party and the CARIFORUM signatory States have the right to determine the exceptions to the exclusive rights granted to the breeder, to allow farmers to save, use and exchange of the protected farm saved seed needs or propagating material. 2. the EC party and the CARIFORUM signatory States shall provide protection for plant varieties in accordance with the TRIPS Agreement. In this regard, they consider accession to the International Convention for the protection of new varieties of plants, UPOV (the 1991 Act). 150. pantsĢenētisk resources, traditional knowledge and folklore 1. In accordance with its domestic legislation, the EC party and the CARIFORUM signatory States respect, sparing and save the indigenous and local communities with traditional lifestyles, knowledge, creativity and customs that relate to biodiversity conservation and sustainable use, and promote the wider use of involving and recognising the holders of knowledge, innovation and practices common to the maker, and facilitating such knowledge customary use, creativity and the resulting benefits to the fair distribution. 2. the EC party and the CARIFORUM signatory States recognize how important it is to take appropriate measures in accordance with national law, to preserve the traditional knowledge, and agree to continue to develop internationally agreed sui generis models for the legal protection of traditional knowledge. 3. the EC party and the CARIFORUM signatory States agree that this subdivision and the Convention on biological diversity, the provisions on patents to be with mutual support. 4. the EC party and the CARIFORUM signatory States within the administrative requirements can request that a patent application for inventions that use biological material as a necessary aspect of the invention, the applicant shall identify the biological material used for sources that are described as part of the invention. 5. the EC party and the CARIFORUM signatory States agree to regularly exchange views and information on relevant multilateral consultations: (a)) WIPO, on issues that are of genetic resources, traditional knowledge and folklore in the Intergovernmental Committee; and (b)) — the WTO on issues related to the TRIPS Agreement and the Convention on biological diversity, protection of traditional knowledge and folklore. 6. by paragraph 5 of that multilateral consultations concerned the closure of the EC party and the CARIFORUM signatory States by the Contracting Party or the EC-CARIFORUM signatory States agree to review at the request of the CARIFORUM-EC article joint Council, taking into account that multilateral consultation results. 3. APAKŠIEDAĻAINTELEKTUĀL property rights enforcement obligations pantsVispārīg 151.1. Without prejudice to their rights and obligations under the TRIPS Agreement, in particular its part III, the EC party and the CARIFORUM signatory States establish the necessary measures, procedures and remedies of this section cover intellectual property rights enforcement. Those measures, procedures and remedies shall be fair and relevant and should not be unnecessarily complicated or costly, and they are not to be inopportune time or with undue delay. 2. the measures and remedies must also be effective, proportionate and dissuasive and shall be applied in such a manner as to avoid the creation of barriers to legitimate trade and to ensure that they are not used maliciously. 152. the applicant pantsTiesīg the EC party and the CARIFORUM signatory States for persons eligible to claim this section and part III of the TRIPS Agreement, in application of the measures, procedures and remedies shall be recognised: a) the holders of intellectual property rights in accordance with the applicable provisions of the law; b) any other person authorised to use those rights, in particular licensees, in so far as it allows the applicable legislative provisions, and in accordance with them; c) intellectual property collective rights management bodies which are regularly recognised as such, entitled to represent holders of intellectual property rights, to the extent permitted by applicable law, and in accordance with them; (d) professional defence bodies), regularly recognised as such, entitled to represent holders of intellectual property rights, to the extent permitted by applicable law, and in accordance with them. 153. pantsPierādījum if the infringement done for commercial purposes, the EC party and the CARIFORUM signatory States under the same conditions, shall take the necessary measures to enable the competent judicial authorities, when receiving an application, as the case may require the opposite structure of existing banking, financial or commercial documents, subject to the requirements of the protection of confidential information. 154. the conservation of evidence pantsPasākum the EC party and the CARIFORUM signatory States shall ensure that, even before the proceedings in a case, the competent judicial authorities, to receive submissions from the structure that has provided it with available evidence to support the claim that its intellectual property rights have been violated or about to be violated, the quick and effective provisional measures to preserve relevant evidence in regard to the alleged infringement, subject to the requirements of the protection of confidential information. Such measures may include embodying infringing goods, and, where appropriate, the materials and implements used in the production of the goods and/or distribution, as well as documents relating to the goods detailed description of taking or not taking the samples, or attachment. Article 155 of the EC information the Contracting Party and the CARIFORUM signatory States shall ensure that the competent judicial authorities in the context of the litigation concerning the infringement of intellectual property rights, in response to a justified and proportionate request may require that information on the origin of the goods or services and distribution networks, to which infringe intellectual property rights, provide the infringer and/or any other person: a) for which it is established that it is in possession of goods embodying infringing business-specific; (b)) for which it has been found that it uses the services of business-specific embodying infringing; (c)) that is found in the business-specific services used by embodying infringing activities; or (d)) (a)), which b) or c) that person is indicated as a person involved in the production of the product concerned, production or distribution or service concerned in the provision. 2. the information referred to in paragraph 1 shall include: (a)) the goods or services concerned for the producers, manufacturers, distributors, suppliers and other former holders of names and addresses, as well as the intended wholesalers and retailers; (b)) information about produced, supplied, distributed, received or ordered, as well as the quantities, the price paid for the goods or services concerned. 3. paragraphs 1 and 2 shall apply without prejudice to other legal provisions which: (a) the holder of the right) gives a right to more information; b) regulated under this article, the use of the information obtained in civil proceedings or criminal proceedings; (c) the responsibility for governing law) to information abuse; (d)) makes it possible to refuse to provide information that will make the person referred to in paragraph 1 to admit that it or its close relatives have participated in the infringement of intellectual property rights; or e) is governed by the source of information or the processing of personal data privacy protection. 156. pantsPagaid and precautionary measures 1. the EC party and the CARIFORUM signatory States shall ensure that, following the request of the applicant, the judicial authorities can prepare interim measures to avoid possible infringement of intellectual property rights or to temporarily prevent the possible continuation of the infringement, in appropriate cases, if provided for by national law, charging regular penalty, or to allow the continuation of such a measure only if it is given a guarantee intended to ensure the compensation of the right holder, if the violation is found. Interim measures in accordance with the same conditions can also be determined in relation to an intermediary, which services are used by a third party, the violation of intellectual property rights. 2. Interim measures can also be established, to give orders to arrest or returned goods that may infringe intellectual property rights, to prevent them getting into movement or sales channels. 3. If the offence is committed on a commercial scale, the EC party and the CARIFORUM signatory States shall ensure that, where the applicant indicates to the circumstances that may hinder the recovery of the reimbursement of damage, a judicial authority may order, as a precautionary measure, to apply the potential violators of the moveable and immovable property of the arrest, including his bank accounts and other assets of the lock. To this end, the competent authorities may require a bank, financial or commercial documents, or appropriate access to the required information. 157. pantsKorektīv measures 1. the EC party and the CARIFORUM signatory States shall ensure that the competent judicial authorities at the request of the applicant, notwithstanding the violation caused to the right holder damages and does not provide for any compensation, can give orders to withdraw, withdraw from the trade channels or destroy the goods in respect of which they are aware of an infringement of intellectual property rights. 2. the EC party and the CARIFORUM signatory States shall ensure that measures are taken to the infringer's expense, unless there are special reasons not to do it. 158. pantsIzpildrakst the EC party and the CARIFORUM signatory States shall ensure that, if the Court's decision, which found infringement of intellectual property rights, judicial authorities in respect of violators to issue an injunction to prevent infringement to continue. If national law so provides, for defying the injunction in the case, have to pay the regular penalty to ensure the enforcement of the injunction. The EC party and the CARIFORUM signatory States shall also ensure that rightholders have the opportunity to request an injunction against intermediaries whose services are used by a third party to infringe an intellectual property right. 159. pantsAlternatīv measures in the EC party and the CARIFORUM signatory States may provide that, where appropriate, at the request of the person subject to part III of the TRIPS Agreement and in the measures provided for in this chapter, the competent judicial authorities to apply part III of the TRIPS Agreement or in the measures provided for in this chapter, the innocent party can put cash compensation paid to the injured party if the guilty person has acted involuntarily and without negligence If the measures that person a disproportionate harm and if the money compensation seems acceptable.
160. pantsZaudējum 1. the EC party and the CARIFORUM signatory States shall ensure that the judicial authorities, in determining damages: a) takes into account all the relevant aspects, such as the injured party in dealing with the negative economic consequences, including for profit, not offending the unfair profits and, where appropriate, other elements, not economic factors; or (b)) (a)), as an alternative to that in appropriate cases the loss compensation shall be fixed as a lump sum, based on certain factors and certainly given a royalty or payment amount that would be received if the infringer had requested authorisation to use the intellectual property rights. 2. where the infringer embodying infringing activities have involved whether he had intentionally not been aware, it based the EC party and the CARIFORUM signatory States may lay down that the judicial authorities may order the profit or advance reimbursement of damage recovery. 161. the court fees costs EC Contracting Party and the CARIFORUM signatory States shall ensure that their domestic law is a measure of the cost of general jurisdiction, which makes the cost to cover the losers, unless equity cost is not to be distributed differently. 162. the court fees order publication of the EC party and the CARIFORUM signatory States provide that in proceedings for infringement of intellectual property rights by the judicial authority of the applicant's request and on the resources of the infringer may apply appropriate measures for the dissemination of information about the Court ruling, including the notification of the decision and its publication in full or in part, for publication. The EC party and the CARIFORUM signatory States may provide for other additional publicity measures under appropriate conditions, including large-scale advertising. 163. pantsPasākum at the border 1. the EC party and the CARIFORUM signatory States, unless this section provides otherwise, down the kārtību27, which allows the holder of the rights for which there is reason to suspect that goods that may occur violate any intellectual property tiesības28, import, export, re-export, import into the customs territory or leaving of the tax suspension arrangements or transfer or free customs brīvzon customs warehouse, submit a written application to the competent administrative or judicial authorities, to the Customs authorities suspended the release of goods for free circulation or placed on hold. 2. the TRIPS agreement – article 52.60. All rights and obligations under those provisions for the importer, the exporter of the goods or the well holder. 4. APAKŠIEDAĻASADARBĪB-164.1 pantsSadarbīb. cooperation on progress under this section to the commitments and responsibilities of implementation support. The Contracting Parties agree that the cooperation will be particularly important in 140.139. and the transition period referred to in article. 2. pursuant to article 7, the Contracting Parties agree to cooperate, including support, in the following areas: (a) Organization of regional initiatives) and the strengthening of the Office of intellectual property rights, including training of staff and the public, the development of databases with a view to improving the regulatory power of the regions, regional legal acts, as well as regional performance relating to intellectual property obligations pursuant to this section, including in relation to enforcement. In particular, it includes support for countries that do not participate, but want to get involved in regional initiatives, as well as regional management of copyright and related rights; (b) support for national law) in the preparation of intellectual property rights protection and enforcement, domestic service and other agencies for the establishment and strengthening of intellectual property rights, including employee training needs of enforcement; also the Contracting Parties and signatory States of the CARIFORUM agency collaborative creation of means to facilitate the accession of the CARIFORUM signatory States referred to in this section and compliance with the agreements and conventions; (c) the identification of products) that would benefit from the protection of geographical indications, and other activities aimed at the achievement of the protection of geographical indications. In doing so, the EC party and the CARIFORUM signatory States paying particular attention to local traditional knowledge and biodiversity conservation, promotion and creating a geographical indication; d) Association of trades and professions or organizations developing codes of conduct with the aim of promoting the enforcement of intellectual property rights, in consultation with the Contracting Parties and signatory CARIFORUM in the competent authorities. 3.165. pantsVispārēj NODAĻAPUBLISK procurement purpose the Contracting Parties recognize the importance of economic development are transparent tendering, taking due account of the CARIFORUM economic circumstances. 166. the definitions in this chapter: 1) "procurement" means all types of goods, services or combination thereof, including the construction, purchase, carried out by the authorities listed in annex VI, the public administration purposes, but not for the purpose of resale or for commercial purposes, the use of for sale in the production or supply of goods or services, unless otherwise specified. This applies to purchases in ways like buying or pirkumnom, or hire purchase, with or without option to purchase; 2) "procurement" means annex VI CARIFORUM signatory States and EC authorities of the Contracting Party that made the purchase in accordance with this chapter; 3) "supplier" means the CARIFORUM signatory States or EC Contracting Parties any natural or legal person or a public authority, whether such person or group that can deliver the goods, provide services or to ensure execution of works. The legend refers to the equivalent goods suppliers, service providers and contractors; 4) "qualified supplier" means a supplier that procurement authority recognised that fulfilled the conditions for membership; 5) "appropriate supplier" means a supplier who is allowed to participate in the Contracting Party or signatory CARIFORUM procurement opportunities in accordance with domestic law, without prejudice to the provisions of this chapter; 6) "many times to use the list" is a list of the vendors that is defined by the procurement authority as being in accordance with the conditions of participation, which purchase the Authority plans to use more than once; 7) "legal person" means any legal entity duly constituted or otherwise organised under the applicable laws for profit or for other purposes and which belongs to a private party or country, including any corporation, a Fund, a partnership, joint venture, sole owner of the company or association; 8) "legal person of a Contracting Party" means any legal entity duly constituted or otherwise organized under the EC Contracting Party or signatory CARIFORUM legislation. If the legal person only its registered office or Central Administration is one of the signatory States or EC-CARIFORUM in the territory of the Contracting Party concerned, it cannot be considered to be Contracting Parties to the legal person, unless its in one of these areas is not involved in the relevant business; 9) "natural person" means a Member State of the European Union or national CARIFORUM signatory States in accordance with their respective legislation; 10) services include construction services, unless otherwise specified; 11) "writing" or "written" is the expression of the words information, numbers or other symbols, including by electronic means, which can be read, reproduced and save; 12) "notice of upcoming procurement" is purchasing authorities published a statement that interested suppliers are invited to submit a membership application, or both; 13) "discovered" tender procedure: a procedure in which the tender may be submitted for each interested supplier; 14) "selective" tendering procedure is a procedure in which, in accordance with the relevant provisions of this chapter may submit tenders only qualified suppliers that invites procurement authority; 15) "limited" tender procedure: a procedure in which the procurement authority may consult the suppliers of their choice and with one or more of them to agree on the terms of the contract; 16) "technical specifications" means the specifications by which fixed the purchased product or service characteristics such as quality, performance, safety and dimensions, symbols, terminology, packaging, marking and labelling, or the processes and methods for their production and requirements relating to the purchase of the institutions covered by this chapter, the conformity assessment procedures laid down; 17) "compensation" in public procurement are the conditions or events that encourage local development or improve the balance-of-payments accounts, for example, domestic content, licensing of technology, investment, to provide benefit and similar activities. 167. the scope of the actions 1. This chapter applies only to the purchase of the authorities listed in annex VI and on purchases that exceed the thresholds laid down in that annex. 2. the Contracting Parties and signatory CARIFORUM States shall ensure that their authorities, procurement, procurement covered by this chapter that takes place in a transparent manner in accordance with the provisions of this chapter and annexes relating to it, treat each of the CARIFORUM signatory or contracting party to the relevant EC suppliers equally in accordance with the open and effective competition. A. the regional procurement market creation 1. The Contracting Parties recognize that it is economically important to establish regional procurement market, which is the competition. 2. a) in relation to the measures for each of the covered shopping CARIFORUM signatory States, including its procurement authorities, tries not to treat a CARIFORUM State established supplier less favourably than against the supplier, which business is conducted locally. (b)) in the context of measures relating to procurement covered by the EC party and the CARIFORUM signatory States, including their procurement authority: i) trying a supplier established in a Contracting Party, does not discriminate because of that supplier for a particular procurement are goods or services offered by one of the Contracting Parties goods or services; II) against a supplier that business is conducted locally, not treated less favourably than other suppliers, which business is conducted locally, so that it has a connection with a foreign State or signatory CARIFORUM EC contracting parties or nationals or companies that own them. 3. pursuant to paragraph 4 of section A of each Contracting Party, including the procurement authorities, subject to the measures in respect of the covered shopping, the other of the Contracting Parties, the goods and services and suppliers of the other party, the offering of any goods or services, such arrangements no less favourable than that which the Contracting Party, including the procurement authorities, as domestic products, services and suppliers. 4. the Contracting Parties shall not be required to apply paragraph 3 of section A of the regime provided for in the absence of the joint CARIFORUM-EC Council decision on it. That decision may stipulate that the purchase of each of the Contracting Parties and the conditions of section 3 apply the arrangements provided for in paragraph. B. valuation rules purchasing authorities do not choose method of evaluation and the sharing of procurement with the intention of avoiding the application of this chapter. The evaluation shall take into account all forms of remuneration, including premiums, fees, commissions and interest. C. exceptions 1. This chapter shall not prevent the CARIFORUM signatory or contracting party to apply EC or introduce measures relating to disabled persons, philanthropic institution or prisoner labor goods or services. 2. This chapter does not cover: (a)), of land, existing buildings or other immovable property or concerning rights thereon acquisition or lease; (b) non-contractual agreements) and any kind of assistance, including cooperative agreements, grants, loans, capital injections, guarantees and tax incentives provided by the Contracting Party or signatory CARIFORUM; (c) the financial agent or the depositary) services, liquidation and management services for regulated financial institutions and services relating to public debt sale, redemption and distribution, including loan and bond, promissory notes, and other securities, the purchase or acquisition; (d)) of broadcasters to broadcast programmes in the acquisition, development, production or kopproducēšan and prime contracts; e) dispute settlement and conciliation services; f) public employment contracts; g) research and development services; (h) procurement of agricultural products), to promote agricultural support programs and food assistance programs, including assistance with food; (I) the Government's internal procurement); j) procurement, by: (i)) with direct purpose to provide international assistance, including development aid, ii) under the special procedure or condition in the international agreement relating to the troops deployment or to the Contracting Party or signatory CARIFORUM and third-party projects for joint implementation, (iii)) in support of military forces located outside the Contracting Parties or in the territory of the signatory States CARIFORUM, iv) according to the international organization or to a specific procedure or condition funded by international grants, loans or other aid if the applicable procedure or condition would be inconsistent with this chapter. 168. pantsPublisk procurement transparency 1. pursuant to article 180 paragraph 4 each Contracting Party or signatory CARIFORUM does not immediately publish the laws, regulations, judicial decisions and generally applicable administrative rulings and procedures concerning procurement provided for in this title, as well as the procurement of the publications listed in annex VII, including official selection of electronic media. Each Contracting Party or signatory CARIFORUM immediately in the same way, publish any amendment to such measures and within a reasonable time, inform the other about such amendments. 2. the Contracting Parties and signatory CARIFORUM States shall ensure that their national authorities shall process the effective dissemination of the competition, giving the corresponding suppliers with all the information necessary to participate in this procurement. Each Contracting Party shall establish and maintain appropriate online system that facilitates the effective dissemination of the competition: a) issued to suppliers tender documentation shall contain all information which they need appropriate for the submission of tenders; (b) if the authorities do not provide) free direct access to all the tender documents and the supporting documents by electronic means, the authorities of the Contracting Parties pursuant to the request of the supplier shall immediately make available the tender documentation. 3. For each of the expected procurement covered by this chapter, procurement authorities, unless otherwise specified, shall publish a notice in advance. Each statement must be available for all the particular purchase contest down time. 4. each notice of intended procurement shall include at least the following information: (a) procurement authority name), address, fax number, email address (if any) and address where you can receive all the documents relating to the purchase, if it is different; (b) the tendering procedure is selected) and the type of contract; (c) a description of the intended procurement) and the requirements of the Treaty, to be respected; (d)) the conditions required of suppliers to participate in the procurement; (e)) for the submission of tenders and, where appropriate, time limits for the application for participation in the procurement; f) all the criteria that you will use in the award of contracts; and (g)) if possible, terms of payment and other terms. 5. Authorities are encouraged during each fiscal year as early as possible to publish notice of future purchase plans. The notice must indicate the subject of the purchase and the notice of intended procurement planned date of publication. 6. the procurement authorities operating in the field of public utility, you can use the notification of the subsequent procurement plans provided that the notification contain all available information specified in paragraph 4 and the invitation to relevant suppliers to do the authority of its interest in that procurement. 169. pantsIepirkum methods 1. Regardless of the procurement methods used in relation to each particular procurement, procurement authorities shall ensure that the methods are specified in the notice of intended procurement or tender documents. 2. the Contracting Parties and signatory States CARIFORUM ensure that their legislation would clearly lays down the conditions under which the purchasing authorities may use limited tendering procedures. Purchasing authorities do not use such methods do not transparently to restrict participation in the procurement process. 3. If the procurement procedures carried out by electronic means, purchasing authority: (a) ensure that procurement) are carried out using generally available and compatible information technology products and software, including through information authentication and encryption-related products and software; and (b)) maintain mechanisms that ensure a membership application and tender offer not of integrity and prevents unauthorized access to them. 170. the tender 1. pantsSelektīv using selective tendering, procurement authorities always: a) issue a notice of intended procurement; (b)) in the notice of intended procurement shall invite suppliers to submit the appropriate membership application; c) fair suppliers chosen for participation in selective tendering procedures; and (d)) indicates membership application submission. 2. the procurement authority as qualified suppliers recognise all suppliers who meet the conditions of participation in the procurement unless specific procurement authority notice or tender documentation, if available to the public, does not set limits on the number of suppliers authorised to tender and objective criteria for such limitation. 3. If the documentation is not publicly available out of the notification referred to in paragraph 1 of the date of publication of the procurement authorities ensure that the documents referred to in one and the same time to be open to all qualified suppliers. 171. the tender 1. pantsIerobežot using limited tendering procedures, procurement authority of his choice not to apply article 168 article 169 and paragraph 3, article 170, paragraph 1 of article 173, 174, 175, 176 and 178. article. 2. the authorities of the Public Procurement contract awarded to limited tendering procedures in the following cases: (a)) If referring to an open or selective tendering procedures are not adequate, the offer presented on the condition that no substantial amendment to the original tender requirements; (b)) when, for technical or artistic reasons, or for reasons connected with protection of exclusive rights, the contract may be executed only by a particular supplier and no reasonable alternative or substitute; (c)), of extreme urgency caused by procurement authorities do not anticipate events, products or services have been purchased in a timely manner in open or selective tender; (d)) in the original supplier of the goods or services, where the supplier for the supply of additional Exchange of procurement authority would be forced to purchase equipment or services that would not be interchangeable with already existing equipment or services, which purchased the original purchase, and such a separation would purchase authority serious inconvenience or substantial cost increases; (e) procurement authority bought) if the samples or products, or service first created at its request in accordance with the specific contract for research, experiment, study or oriģinālizstrādn; f) if additional services are not included in the original contract, but is included in the auction the original documentation, have, through unforeseen circumstances, become necessary for the completion of the services described in the contract; for additional services, however, the total value of the contracts awarded must not exceed 50 percent of the original amount of the contract; g) new services that are similar to services occurrences that comply with the parent project, for which the initial contracts awarded in the open or selective purchasing method and for which authority the notice of intended procurement has indicated that in the award of contracts for such new services can use limited purchase method; h) goods purchased on a commodity market; (I) if the contract awarded) design contest winner; If there are several successful candidates successful candidates shall be invited to participate in the negotiations as set out in the notice of intended procurement or tender documents; and (j)) purchases made with exceptionally advantageous conditions that only arise in the very short term special sales event, such as winding-up, insolvency or bankruptcy of the Administration, but not for regular purchases from regular suppliers. 172. the rules of the EC pantsIzcelsm the Contracting Party and the CARIFORUM signatory States for the purposes of this chapter the goods or services imported or delivery of EC Contracting Parties and signatory States CARIFORUM, respectively, do not apply the rules of origin that are different from the rules of origin, which are applied at the same time in the ordinary course of trade on the same imports of goods or services or supplies of the same CARIFORUM signatory States or EC Contracting Parties. Article 173 specifications 1. in accordance with the objectives of this chapter procurement authority shall ensure that the technical specifications applicable to or going to apply procurement covered by this chapter are set out in the notices of intended procurement and/or tender documents. 2. the procurement authority from the person who may have a commercial interest in the procurement, does not require and does not adopt the recommendations that you can turn off the competition and which can be used in the preparation or adoption of specifications for a specific procurement. 3. Outlining the technical specifications of the goods or services purchased, purchase authority, where appropriate: (a)) the technical specifications and functional requirements of performance, rather than design or descriptive characteristics; and (b)) technical specifications based on international standards, where such exist; otherwise, on national technical regulations, recognized national standards or codes you create. 4. where the technical specifications are used to design or descriptive characteristics, purchase authority, where appropriate, the technical specifications included words such as "or equivalent" and examine proposals that clearly matches the design or descriptive characteristics and is valid for the intended use. 5. purchasing authority technical specifications do not require after a particular trademark or trade name, patent, copyright, design or model, specific origin, producer or supplier and does not point to them unless otherwise not sufficiently accurate or understandable to describe procurement requirements, provided that in such cases, the documentation is included in the words "or equivalent". 174. pantsPiegādātāj qualification 1. Procurement covered by this chapter, procurement authorities shall ensure that the conditions and criteria for participation in a public contract award procedure are informed of the above notice of intended procurement or tender documents. These controlled conditions and criteria to those that are essential to ensure that the potential supplier be unable to fulfil the contract in question. 2. EC-CARIFORUM signatory States and the Contracting Party does not impose the condition that the supplier must be referred to the Contracting Parties or the State previously assigned one or more contracts or supplier must have work experience in the territory, to participate in public procurement. This paragraph does not apply to purchases in connection with social impact surveys and studies. 3. the procurement authority based its assessment on the supplier's financial, commercial and technical capacity with the conditions, which it previously set out in the notices or tender documentation. 4. Nothing in this article shall not prevent the vendor off based on bankruptcy, false allegations or penalties for serious crime. 5. the procurement authorities can keep many easy-to-use list if one statement that invite interested suppliers to apply for inclusion in the list: a) are published every year; and (b)) is continuously available in one of the supported media, listed in annex VII, if it is published by electronic means. 6. the procurement authorities shall ensure that suppliers may apply for qualification at any time by publication of the notice, by which suppliers are invited to apply for inclusion in the list and that contains the following information: (a) the description of goods and services) or categories that you can use the list; (b) conditions of participation) suppliers must meet, and the methods that will be used in the procurement authority to verify, in so far as the supplier satisfies the conditions; c) purchase the name and address and other information necessary to communicate with and obtain all relevant documents relating to the list; and (d)) the list validity and renewal or termination or, if the expiration date is not provided, an indication how the list will be notified of the termination of use. Purchasing authorities included in the list all qualified suppliers in a reasonable and short period of time. 7. If you are not a qualified supplier within the membership application and submit all the required documents relating to it, purchase authority, regardless of whether it is used many times to use the list or not, consider and adopt supplier membership application, unless the complexity of the procurement authority could completely to consider the application. Procurement authorities also provides that a supplier who asked for the inclusion in the list are informed of the decision in time for him. 8. the procurement authorities operating in the field of public utility, you can use the notification of the invitation to suppliers to apply for inclusion in the list to be used many times as a notice of intended procurement and can exclude applications from suppliers that are not yet qualified for purchase on the basis that the procurement authority is not enough time for the examination of the application. 175. pantsSarun. 1 in the CARIFORUM signatory States and the Contracting Party may determine that their procurement authority negotiations: a) the procurement, for which they have expressed this intention in the notice of intended procurement; or (b)) when assessing tenders according to the notice of intended procurement or tender documentation criteria, no tender is obviously the most advantageous. 2. purchasing authority: (a) ensure that the suppliers) off the negotiations are done in accordance with the evaluation criteria set out in the notice of intended procurement or tender documentation; and (b)) when the negotiations are closed, establish common deadlines for other suppliers new or revised submission of tenders. 176. pantsPiedāvājum opening and award of contract 1. All tenders solicited by the procurement authority to submit an open or selective tender, adopt and open in accordance with the procedures and conditions that guarantee the fairness and transparency of the process. 2. procurement authority decides in the public interest not to conclude the contract, it shall grant the award to the tenderer who After the messages recognized for submitted completely able to take on the implementation of the contract and the offer of goods or services is the least expensive or is recognized as the best value under the notices or the tender documentation of the criteria set out in. Rights granted in accordance with the notice of proposed procurement or tender documentation and criteria set out in the essential requirements. 177. pantsPaziņojum for the award of contracts shall be 1. Contracting Parties and signatory CARIFORUM States shall ensure that their authorities for public procurement processes for the effective dissemination of the results. 2. the procurement authority shall inform the supplier without delay of decisions relating to the award of contracts shall, on request, in writing. Upon request, the procurement authorities shall inform the supplier about the off his reasons for rejection of the offer and the successful vendor relative advantages. 3. the procurement authorities may decide to withhold certain information on the contract award, if such information would impede law enforcement or otherwise be contrary to the public interest, would prejudice the legitimate commercial suppliers interests or could harm fair competition among them. 4. pursuant to paragraph 4 of article 180 shall not later than seventy-two (72) days after such procedures for the award of contracts within the scope of this chapter, the authority shall publish a notice in the specified in annex VII, the printed or electronic media. If only electronic media, the information must be easily accessible within a reasonable time frame. The notice shall include at least the following information: a) the purchase of goods or services; (b) procurement authority) name and address; (c)) in the successful supplier's name and address; (d) the successful bid price) or the highest and lowest offer taken into account in the award of contracts; e) date of award; and (f)) use procurement method and, when used in a limited tendering procedure — circumstances that justify the use of that procedure. 178. pantsTermiņ 1. Determining time limits for procurement covered by this chapter, the authority to purchase reasonable needs, take into account such factors as the complexity of the intended procurement and the normal time for transmitting tenders. 2. the Contracting Parties and signatory CARIFORUM States shall ensure that their authorities in determining the purchase quote, application or application for membership qualification vendor list submission final date, time of publication shall be duly respected. Deadlines and extensions must be uniform for all suppliers who are interested or participating. 3. Specific time limits applicable to procurement the procurement authority expressly in the notice of intended procurement and/or tender documents. 179. pantsPiedāvājum 1. contestation of the Contracting Party and the CARIFORUM signatory States shall ensure transparent, timely, fair and effective procedures enabling suppliers to challenge domestic measures for the implementation of this chapter, in the context of procurement in which they have or have had a legitimate commercial interest. To this end, each Contracting Party or signatory CARIFORUM creates, or designate at least one impartial institutions, from the purchase of independent administrative or judicial authority, which receives and examines complaints of suppliers arising in the context of the purchase. 2. suppliers are given enough time to prepare and submit a complaint, starting from the time when the basis of contestation to the supplier become aware or should have become aware of the need to be. This paragraph shall not preclude the Contracting Parties or contesting the CARIFORUM signatory States to put complainants to submit within a reasonable time, provided that the term is made known in advance. 3. the procurement authorities ensure their ability to respond to a review request, documenting satisfaction of each procurement covered by this chapter. 4. Challenge procedures shall provide for effective, rapid interim measures to correct breaches of domestic measures for the implementation of this chapter. 180. the implementation period To CARIFORUM signatory States 1 could achieve their compliance measures for special procedures this chapter obligations, they have a two-year implementation period that begins with the entry into force of this agreement. 2. If the CARIFORUM-EC trade and Development Committee in the review carried out by the end of the implementation period reveals that one or more of the CARIFORUM signatory States needed another year to achieve a measure of compliance with this chapter, the CARIFORUM-EC trade and Development Committee may exercise referred to in paragraph 1 of the separate periods of the CARIFORUM signatory States to extend for a further year. 3. By way of derogation from paragraphs 1 and 2, Antigua and Barbuda, Belize, the Commonwealth of Dominica, Grenada, Haiti, Saint Kitts and Nevis, St. Lucia and St. Vincent and the Grenadines use five (5) year period of implementation. 4. Article 168, paragraph 1 and paragraph 2, last sentence, article 170 paragraph 1 (a)) and paragraph 4 of article 177 of the requirements take effect in respect of CARIFORUM signatory States only when you have created the required capacity for their implementation, but not later than 5 years after the date of entry into force of this agreement. 181. pantsPārskatīšan clause CARIFORUM-EC trade and Development Committee shall review the operation of this chapter, including coverage changes, and every three years may make suitable recommendations for the joint CARIFORUM-EC Council. Execution of its mission, the CARIFORUM-EC trade and Development Committee may, without prejudice to article 182, also make suitable recommendations for further cooperation between the Contracting Parties in the field of procurement and implementation of this chapter. 182. pantsSadarbīb-1. The Contracting Parties recognize the importance to cooperate to facilitate the implementation of the commitments and the achievement of the objectives of this chapter. 2. pursuant to article 7, the Contracting Parties agree to cooperate, including support and appropriate point of contact, the following areas: (a) exchange of experience and information) about the practice and the legal framework; (b) the appropriate framework and mechanisms) and maintenance to facilitate the fulfilment of the obligations of this chapter; and (c)) the creation of an online system at regional level for effective dissemination of information about the contest opportunities to promote awareness of all companies the procurement process. 4.183. pantsMērķ and NODAĻAVID in the context of sustainable development 1. The Contracting Parties shall certify that the natural resources and environment sustainable development objective is applicable and the partnership integrates level as part of the global commitments to implement sustainable development, as set out in the Cotonou Agreement and article 2 1. 2. the Contracting Parties recalled that article 32 of the Cotonou Agreement on environment and natural resources are included as thematic and cross-cutting issues and it is therefore particularly important in the Cotonou Agreement, set out in article 2 of the property, the membership, the principles of dialogue and differentiation. 3. the Contracting Parties and signatory States CARIFORUM are committed to respect, protect and improve the environment, including through multilateral and regional environmental agreements, in which they are parties. 4. the Contracting Parties reaffirm their commitment to promoting the development of international trade in such a way as to ensure sustainable and sound environmental management in accordance with its obligations in this field, including the international conventions to which they are parties, with due regard to their respective level of development. 5. the Contracting Parties and signatory States undertake CARIFORUM strive to facilitate the trade in goods and services, the Contracting Parties shall be considered environmentally friendly. They can be environmental technologies, renewable energy and energy-efficient goods and services and goods to the eco-label. 184. pantsAizsardzīb levels and regulatory rights 1. Recognizing the Contracting Parties and the right of the CARIFORUM signatory States to issue rules in order to achieve their own domestic environment and the level of protection of public health and their own sustainable development priorities and adopt and modify accordingly its environmental laws and policies, each Contracting Party and the CARIFORUM signatory States shall endeavour to ensure that the environmental and public health law and policy and contribute to a high level of environmental and public health protection, and strive to continue to improve these laws and policy. 2. The Contracting Parties agree that the special needs of the CARIFORUM States and the requirements have to be taken of the planning and execution of measures to protect the environment and public health that affect trade between the Contracting Parties. 3. Provided that such measures are not applied as a means of arbitrary and unjustifiable discrimination or a disguised restriction on trade between the Contracting Parties, nothing in this Agreement shall prevent a Contracting Party and the CARIFORUM signatory States establish or maintain in force measures necessary for the protection of human, animal or plant life protection in relation to the conservation of natural resources or protection of the environment. 185. pantsReģionāl integration and international ecological standards use taking into account the environmental problems facing their respective regions, with a view to promoting the development of international trade in a way that ensures the sustainable and sound environmental management, the Contracting Parties recognize that effective strategies and measures at regional level of significance. The Contracting Parties agree that, in the absence of relevant environmental standards national and regional legislation, they will endeavour to adopt and implement the relevant international standards, guidelines or recommendations, where practicable and appropriate. 186. pantsZinātnisk information the Contracting Parties recognize how important it is to take account of scientific and technical information, the precautionary principle and the relevant international standards, guidelines and recommendations when preparing and implementing measures designed to protect the environment and public health that affect trade between the Contracting Parties. 187. the transparency of the Contracting Party and the CARIFORUM signatory States undertake to develop, introduce and implement measures aimed at protecting the environment and public health that affect trade between the Contracting Parties, transparent, and timely notification to the consultation, and appropriate and timely communication and consultation with non-governmental parties, including the private sector. The Contracting Parties agree that (I) sections 6 and 7 in chapter transparency enforcement is also considered to be on the implementation of this article. 188. pantsAizsardzīb-level maintenance 1. According to article 184 (1) the Contracting Parties agree not to promote trade and foreign direct investment, which reinforce or maintain competitive advantage: a) lowers the level of protection from domestic environmental and public health legislation; b) derogating from the law or it does not apply. 2. the Contracting Parties and signatory States CARIFORUM undertakes not to accept, and do not apply to regional and national legislation on investment and the other related administrative measures so that the result is subject to failure events that are of benefit to the environment or natural resources, preserve and save them or to protect public health. 189. pantsKonsultācij and monitoring process 1. The Contracting Parties recognize the importance of the impact of this agreement on the implementation of sustainable development for monitoring and evaluation, using their respective membership processes and institutions, also created by this agreement. 2. the Contracting Parties may consult each other and to the CARIFORUM-EC Consultative Committee on environmental issues covered by article 183-188. CARIFORUM-EC Consultative Committee members can prepare an oral or written recommendations to the Contracting Parties for the distribution and exchange of best practices with respect to the matters covered by this chapter. 3. for each question, the subject of 183-188, the Contracting Parties may agree to request the advice of the relevant international bodies on best practices, effective policy tools of trade-related environmental problems, and the detection of obstacles, which can hinder the effective implementation of environmental standards under relevant multilateral agreements on the environment. 4. a Contracting Party may request consultations with the other Contracting Party on the issues – 188 article 183 interpretation and application. Advice does not exceed three months. In the context of this procedure, each of the Contracting Parties may independently ask advice of the relevant international bodies. In this case the period shall be extended for further consultations for a period of three months. 5. If the matter is not satisfactorily resolved in consultations between the parties pursuant to paragraph 3, a party may request the convening of the Committee of experts on the subject. 6. the Committee shall consist of three members, with expertise in the matters contained in this chapter. The Chairman shall not be a national of a Contracting Party. The Committee of experts shall submit a report to the parties within three months of its establishment. The message is passed to the CARIFORUM-EC Consultative Committee. 190. pantsSadarbīb-1. The Contracting Parties recognize that the attainment of the objectives of the agreement is cooperation on environmental issues. 2. pursuant to article 7, the Contracting Parties agree to cooperate, including support, in the following areas: (a)) technical assistance to producers so that they comply with the corresponding products and other standards applicable to EC Contracting Parties; (b)) private and public voluntary and market-based scheme, including appropriate labelling and accreditation schemes, promotion and facilitation; c) technical assistance and capacity building, especially in the public sector, in the implementation and enforcement of multilateral environmental agreements, including the aspects related to trade; (d)), from legal and sustainable sources for natural resources, including timber and wood products, the facilitation of trade between the Contracting Parties; e) help producers to develop and/or improve the production of goods and services which the Contracting Parties consider it beneficial to the environment; and (f)) public awareness and education program promotion and facilitation in relation to ecological goods and services with a view to facilitating the marketing of products between the Contracting Parties. 5.191. pantsMērķ NODAĻASOCIĀL aspects and multilateral obligations 1. the Contracting Parties reaffirm their commitment to the internationally recognized important employment standards as defined in the relevant ILO conventions, in particular the freedom of Association and right to collective bargaining, the abolition of forced labour, child labour, the Elimination of the negative form, and non-discrimination in respect of employment. The Contracting Parties also reaffirm their obligations they have as SDOlocekl, and its obligations under the Declaration on fundamental principles and rights at work and its annexes (1998). 2. The Contracting Parties affirm their commitment to the UN Economic and Social Council Ministerial Declaration of 2006 on productive employment and decent work, promoting the development of international trade so as to create a complete, productive employment and decent work for all, including men, women and young people. 3. The Contracting Parties recognize that the positive role the more important employment standards and decent work can have economic efficiency, creativity and productivity, and stresses the value of a is, first of all, greater coherence between trade policy and, secondly, sessions, and social policy. 4. The Contracting Parties agree that employment standards must not be used for protectionist trade purposes. 5. The Contracting Parties recognize that the benefits of giving trade with fair and ethical trading goods and the importance of a trade facilitation in between them. 192. pantsAizsardzīb adjustment of levels, and recognizing the right of the Contracting Parties and the right of the CARIFORUM signatory States to issue rules for purposes of determining their own social and employment standards in accordance with its social development priorities and, accordingly, adopt and amend their relevant laws and policies, each Contracting Party and the CARIFORUM signatory States to ensure that their social and employment laws and policy and contribute to a high level of social and employment standards according to internationally recognised rights laid down in article 191, and strive to continue to improve these laws and policies. 193. pantsAizsardzīb-level maintenance pursuant to article 192, the Contracting Parties agree not to promote trade and foreign direct investment, which reinforce or maintain competitive advantage: a) lowers the level of vulnerability caused by domestic social and employment legislation; b) derogating from the legislation and standards or does not comply with them. 194. pantsReģionāl integration, taking into account the social problems facing their respective regions, with a view to encouraging the development of international trade, the contracting parties recognise social cohesion policy and the role of the imposition of measures at regional level to promote decent work at a regional level. 195. pantsKonsultācij and monitoring process 1. Under article 191 of the Contracting Parties recognize the importance of monitoring and evaluation is carried out to determine the impact of this agreement on the decent work and sustainable development through their respective membership processes and institutions, this agreement also created processes and institutions. 2. the Contracting Parties may consult each other and to the CARIFORUM-EC Consultative Committee on social issues, to which 191-194. article. CARIFORUM-EC members of the Advisory Committee may make an oral or written recommendations to the Contracting Parties for the distribution and exchange of best practices with respect to the questions in this section. 3. for each question, to which 191-194. Article, the Contracting Parties may agree to request the advice of the relevant international bodies on best practices, effective policy instruments for trade-related social problems, for example, labour market adjustment, and the detection of obstacles, which can hinder the effective exercise of the basic employment standards. 4. a Contracting Party may request consultations with the other Contracting Party on matters of article 191 – 194 interpretation and application. Advice does not exceed three months. In the context of this procedure, each of the Contracting Parties may independently ask advice of ILO. In this case the period shall be extended for further consultations for a period of three months. 5. If the matter is not satisfactorily resolved in consultations between the parties pursuant to paragraph 3, a party may request the convening of the Committee of experts for the following issue. 6. the Committee shall consist of three members with special knowledge of this chapter. The President may not be a national of the Contracting Party. The Committee of experts shall submit a report to the parties within three months of its establishment. The message is passed to the CARIFORUM-EC Consultative Committee. 196. pantsSadarbīb-1. The Contracting Parties recognize that the attainment of the objectives of the agreement is cooperation on social and employment issues. 2. pursuant to article 7, the Contracting Parties agree to cooperate, including support, in the following areas: (a) appropriate) the exchange of information on social and employment legislation and relevant policies, regulations, and other measures; (b)) the national social and labour legislation and the formulation of existing legislation as well as mechanisms of social dialogue, including strengthening of measures designed to promote the ILO's Decent work programme defined; (c)) education and awareness-raising programmes, including skills development and labour market policy, and raising awareness about the responsibilities for health and safety, employee rights and employer obligations; and (d)) and national law labour law enforcement and compliance, including labour inspectors training and capacity building initiatives, and the promotion of corporate social responsibility with public information and messages. 6. NODAĻAPERSON data protection pantsVispārēj 197. objective 1. Contracting Parties and signatory States CARIFORUM, recognizing that: (a)) on the processing of personal data is a common interest to protect the fundamental rights and freedoms of natural persons, in particular the privacy, (b)) the importance of effective data protection in maintaining order as consumer protection feature, which stimulate investor confidence and facilitate the cross-border flow of personal data, c) collection and processing of personal data should be implemented transparently and honestly by showing proper respect of the data subject, agree to establish appropriate legal and regulatory arrangements, as well as, where appropriate, administrative capacity for its implementation, including the independent supervisory authorities, in order to ensure proper protection of individuals with regard to the processing of personal data under the existing high international standartiem29. 2. the CARIFORUM signatory States shall endeavour to implement paragraph 1 as soon as possible – not later than seven years after the entry into force of this agreement. 198. the definitions in this chapter: (a)) ' personal data ' means all information relating to an identified or identifiable individual (the data subject); b) "processing of personal data ' shall mean any operation or set of operations, carried out with personal data, such as collection, recording, organisation, storage, alteration, retrieval, consultation, use, disclosure, combination, blocking, deletion or destruction, as well as the transfer of personal data across national borders; (c)) "data manager" means the natural or legal person, institution or other body who determines the purposes and means of the processing of personal data. 199. pantsPrincip and general provisions the Contracting Parties agree that the legal and regulatory arrangements and administrative capacity include at least the following content policies and enforcement mechanisms. a) content principles i) the purpose limitation principle-data should be processed for a specific purpose and subsequently used or further passed on only to the extent that this is permitted according to the purpose of the transfer. Exceptions to this rule are only if it is determined by law and are necessary in a democratic society for important public interest; II) data quality and proportionality principle-data should be accurate and, where necessary, kept up to date. Data must be adequate, relevant and not excessive in relation to the purpose for which they are further processed; III) the principle of transparency — people must be provided with information about the purpose of the processing and data management person in a third country, and other information insofar as this is necessary to ensure fairness. Exceptions from this rule are permitted only if it is determined by law and are necessary in a democratic society for important public interest; (iv) security principle) data manager must take technical and organisational security measures which are appropriate to the risks to the process. Any person acting under the authority of the Manager of the data, including the data controller, the data may be processed only for which processing is the Manager's orders; (v)), the right of access to correct and dispute the data, the data subject shall have the right to get a copy of all the data to be processed, which concerns her, and correct this data if it can be shown that they are not accurate. In some cases, they must also have the possibility to oppose its processing of personal data. Exceptions to these rights are permissible only if it is determined by law and are necessary in a democratic society for important public interest; vi) limitations on data transmission — in principle further personal data following the dispatch of the person who received the data shall be allowed only if the other also the recipient (i.e. the recipient of data sent below) subject to the regulations, which provides an adequate level of protection; VII) delicate data: if it comes to special categories of data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, data concerning health or sex life and data relating to offences, criminal convictions or security measures, the treatment is not allowed, unless the law requires additional protective measures. b) enforcement mechanisms must be running the appropriate mechanisms that ensure the following objectives: (i)) to ensure that laws are respected at the appropriate level, including data managers have an in-depth understanding of the responsibilities and data subjects, of the relevant law and rights; to ensure effective and dissuasive sanctions; and direct verification system used by authorities, auditors, or independent data protection officials; (ii)) to provide support and help to individual data subjects in the exercise of their rights, which must be able to promptly and effectively, and without the costs of defence to exercise their rights, as well as providing appropriate institutional mechanism that enables you to independently investigate complaints; (iii)) to give proper compensation for impairment of the person's case, the cost compensation and, if necessary, to impose sanctions, in accordance with the applicable domestic law. 200. pantsSaskanīb with the international obligations of the EC party and the CARIFORUM signatory States, with the CARIFORUM-EC trade and Development Committee shall inform each other of international commitments or arrangements with third countries, or of any obligation that may apply to them and to be associated with the implementation of this chapter, in particular on any procedures for the processing of personal data, such as data collection, storage, access, or procedures to third parties. 2. In this context the EC contracting parties or at the request of CARIFORUM signatory party to the EC and CARIFORUM signatory States started consultations in order to resolve any issue. 201. pantsSadarbīb-1. The Contracting Parties recognize the importance of cooperation in promoting appropriate legislative, judicial and administrative systems, as well as the adequate protection of personal data, which corresponds to this section include objectives and principles. 2. pursuant to article 7, the Contracting Parties agree to cooperate, including support, in the following areas: (a) information and expert) knowledge exchange; (b)) Bill, help and guide the preparation of the guidelines; (c) training of personnel); (d) relevant institutions) assistance systems design and functional; e) assistance in designing and implementing business and consumer compliance initiatives to stimulate investor and public confidence. DAĻADOMSTARPĪB III prevention and resolution 202. pantsMērķ this part aims at preventing and resolving any dispute between the Contracting Parties with a view to reaching a mutually agreed solution. 203. the scope of the actions 1. this Part applies to all disputes regarding the interpretation or application of this agreement. 2. Without prejudice to paragraph 1, article 98 of the Cotonou Agreement sets out the procedure to be applied if the dispute relates to the Cotonou Agreement provides for cooperation in development financing. 1. NODAĻAKONSULTĀCIJ and pantsKonsultācij of the MEDIATION 1.204. The Contracting Parties shall endeavour to resolve any dispute referred to in article 203, in good faith by engaging in consultations with the aim of achieving a coherent solution. 2. the Contracting Party proposes a request in writing consultations with the other Contracting Party, be submitted a copy of the CARIFORUM-EC trade and Development Committee, specifying the matter under consideration and the provisions of the agreement under which it considers the measures do not match. 3. consultation the forty (40) days from the date of the application. Tutorials considered completed sixty (60) days from the date of submission of the request, unless both Contracting Parties agree to continue consultations. The entire consultation shared information remains confidential. 4. consultation in cases of urgency, including those relating to perishable and seasonal products, our fifteen (15) days from the date of submission of the application and shall be considered to be completed within thirty (30) days from the date of the application. 5. If the consultations do not take place, or 3 periods laid down in paragraph 4, or if consultations are concluded, but no agreement has been reached on a mutually agreed solution, the applicant contracting party may request the Tribunal to establish, in accordance with article 206. 6. the Contracting Party does not propose the consideration of the dispute pursuant to this part of title IV, Chapter 4 and 5 interpretation and application, if one is not specified, respectively, to article 189, paragraph 4 and 5 and article 195, paragraph 4 and 5 procedures and the matter is not satisfactorily resolved within nine (9) months from the date of initiation of the consultation. Consultation in accordance with the said provisions are replaced advice that would have been required under this article. 205. pantsStarpniecīb 1. If the consultations have not led to a mutually agreed solution, the parties may use a mediator by agreement. If the contracting parties otherwise agree, the mediator's task is a question to which the request for consultations shall be specified. 2. If the contracting parties do not agree on mediators of fifteen (15) days from the agreement to request mediation, the CARIFORUM-EC trade and Development Committee Chairman or person designated by him to draw from a set of mediators, which is 221. the list referred to in article and no nationals of a Contracting Party. Drawing lots shall be twenty-five (25) days of submission of the request a mediator of each Contracting Party in the presence of a representative. The mediator shall convene a meeting with the parties no later than thirty (30) days of his appointment. The mediator shall receive the submissions of each of the Contracting Parties not later than fifteen (15) days before the meeting and notify opinion no later than forty five (45) days of his appointment. 3. the Mediator's opinion may include a recommendation on how to solve disputes under this agreement. The mediator's opinion is not binding. 4. the Contracting Parties may agree to amend the time limit referred to in paragraph 2. Also, the mediator may decide to amend these time limits at the request of a Contracting Party, or on its own initiative, taking into account the Contracting Party concerned, the particular difficulties or the complexity of the case. 5. the Intermediary activity of the Contracting Parties, in particular the information disclosed and positions taken in this process remains confidential. 2. NODAĻADOMSTARPĪB resolution procedure 1.206. IEDAĻAŠĶĪRĒJTIES process pantsŠķīrējties process started 1. If the Contracting Parties have failed to resolve the dispute in consultation, as determined in article 204, or with the help of the mediators, as determined in article 205, the applicant's contracting party may request the Tribunal to be created. 2. Request for a defendant in writing must be submitted to arbitration, the party and the CARIFORUM-EC trade and Development Committee. The applicant contracting party request description concluded the measures and explain the manner in which such measures are a violation of the provisions of this agreement. 207. pantsŠķīrējties creation 1. Arbitration shall consist of three arbitrators. 2. Ten (10) days of the CARIFORUM-EC trade and Development Committee filed a request to establish a Tribunal, the Contracting Parties shall consult in order to reach agreement on the composition of the arbitral tribunal. 3. If the the Contracting Parties are unable to agree on its composition within the time limits laid down in paragraph 2, either of the Contracting Parties may request the CARIFORUM-EC trade and Development Committee Chairman or his delegated person raffle all three members from a list drawn up in accordance with article 221: any person, from being proposed by the applicant contracting party, one person — from being proposed by the respondent Contracting Party and one person from contracting parties ' arbitrators chosen as Chairman. If the Contracting Parties agree on one or more of the members of the Arbitration Board, the remaining members shall be chosen by the same procedure. 4. Where the dispute relates to title IV, Chapter 4 and 5 interpretation and application of the Arbitration Tribunal must be at least two members with expertise in issues of this chapter, selected from fifteen (15) list of people that the CARIFORUM-EC trade and Development Committee established by it, as set out in article 221. 5. the CARIFORUM-EC trade and Development Committee Chairman or his delegated person shall designate the arbitrators within five (5) days referred to in paragraph 3, the Contracting Parties of the request and the representatives of each Contracting Party's presence. 6. the establishment of Arbitration day is a day when all three arbitrators are selected. 208. pantsŠķīrējties interim report from the Arbitration shall submit an interim report to the Contracting Parties, which is a descriptive part and the findings and conclusions, as a general rule not later than one hundred and twenty (120) days after the date of the establishment of the Tribunal. Each Contracting Party may submit written comments to the Tribunal on specific aspects of the interim report within fifteen (15) days after presenting the report. 209. pantsŠķīrējties ruling 1. Arbitration shall notify its ruling to the parties and the CARIFORUM-EC trade and Development Committee, one hundred and fifty (150) days from the date of establishment of the Arbitration Board. If it considers that the term is not enforceable, the Chairman of the Arbitration Board must notify the parties and the CARIFORUM-EC trade and Development Committee in writing, stating the reasons therefor and the date on which the Tribunal intends to complete. Under no circumstances may a judgment is not to be notified later than one hundred and eighty (180) days from the date of establishment of the Arbitration Board. 2. In cases of urgency, including those relating to perishable and seasonal goods, the Arbitration Board shall endeavour to notify its ruling within seventy-five (75) days of the date of its creation. Under no circumstances should not take more than ninety (90) days from the date of its creation. Ten (10) days after its creation, the Tribunal may make a preliminary ruling on whether it deems the case to be urgent. 3. each Contracting Party may request the Tribunal to provide recommendations on how the respondent contracting party to achieve compliance. If the dispute relates to title IV, Chapter 4 and 5 interpretation and application of the recommendations of the Tribunal to ensure compliance with the provisions of this chapter. 2. IEDAĻAATBILSTĪB of the 210. compliance with other arbitration awards, each Contracting Party shall take the necessary measures to comply with the arbitration award, and the Contracting Parties shall endeavour to agree on the period within which the judgment must be complied with. 211. pantsPieņemam time limit of compliance 1. Not later than thirty (30) days after the Tribunal ruling announced to the parties, the respondent contracting party notifies the applicant contracting party, how much time it will take to comply with the ruling of the (reasonable period). 2. If there is disagreement between the parties on the reasonable period within which the arbitration award, the applicant contracting party within twenty (20) days after notification in accordance with paragraph 1, in writing, require the Tribunal to determine the acceptable length of time. For such a request at the same time notify the other Contracting Party and the CARIFORUM-EC trade and Development Committee. The arbitral tribunal shall notify its ruling to the parties and the CARIFORUM-EC trade and Development Committee within thirty (30) days from the date of the application. 3. in determining the acceptable length of time limit, the Tribunal shall take into account the length of time normally the applicant contracting party necessary for the adoption of legislative or administrative measures that are comparable to such Contracting Party has determined to be necessary to ensure compliance. The Tribunal also takes into account the proven capacity constraints that may affect the applicant's contracting party requires the adoption of countermeasures. 4. If the initial composition of the arbitral tribunal or some members cannot attend a meeting, the new procedure referred to in article 207. Ruling of the period of notice shall be forty-five (45) days of the request referred to in paragraph 2, the date of filing. 5. the Contracting Parties may be extended by agreement between the acceptable term. 212. pantsŠķīrējties execution of a ruling on the review of the measures taken 1. Respondent Contracting Party before the expiry of a reasonable notice to the other Contracting Party and the CARIFORUM-EC trade and Development Committee of the measures it has taken to comply with the arbitration award. 2. If the parties disagree on whether the measure notified pursuant to paragraph 1 shall comply with the provisions of this agreement, the applicant's contracting party may request the Tribunal to decide the issue. Description of the measures considered in the request and explain in what way such a measure is incompatible with the provisions of this agreement. The arbitral tribunal shall notify its ruling to the ninety (90) days from the date of the application. In cases of urgency, including those relating to perishable and seasonal goods, the Arbitration Board shall notify its ruling to the forty five (45) days from the date of the application. 3. If the initial composition of the arbitral tribunal or some members cannot attend a meeting, the new procedure referred to in article 207. 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 filing. 213. pantsPagaid remedies are ruling in the case of non-compliance 1. If the Contracting Party concerned does not notify the measures taken to comply with the arbitration award to a reasonable the end of the term, or the arbitral tribunal decides that, in accordance with paragraph 1 of article 212 of the notified measure is not consistent with the Contracting Party's obligations under this agreement, the Contracting Party shall submit to the respondent compensation offer, if requested by the applicant contracting party. Nothing in this Agreement shall determine the respondent contracting party to offer financial compensation. 2. If no agreement on compensation has been reached within thirty (30) days from the expiry of the reasonable or arbitration ruling (according to article 212) that adopted the measure of compliance is not compatible with the provisions of this agreement, the applicant's contracting party may, by notifying the other Contracting Party, to adopt appropriate measures. When adopting such measures, the applicant contracting party shall endeavour to designate measures which least affect the attainment of the objectives of this agreement and shall take into account their impact on the economy of a Contracting Party by the defendant and individual CARIFORUM States. In addition, if the EC party has gained the right to adopt such measures, it shall designate measures which specifically aim to achieve the CARIFORUM (s) on which the conformity of measures found to be in breach of this agreement. The rest of the CARIFORUM countries facilitate the adoption of measures that ensure the CARIFORUM (s) in compliance with the arbitration decision (s) on which the measures found to be in breach of this agreement. Cases related to disputes under Title IV, Chapter 4 and 5, the relevant measures in this agreement do not include the corresponding suspension of trade concessions. The applicant's contracting party may adopt the appropriate measures within ten (10) days after the statement date. 3. Requiring compensation or adopting appropriate measures pursuant to paragraph 1 or 2, the Contracting Party shall respect the due restraint. 4. Compensation or appropriate measures are temporary and apply only to the time when the measure that violates the provisions of this agreement, has been withdrawn or amended so as to comply with the terms of this agreement or until the parties have agreed to resolve the dispute. 214. for compliance with other after taking the measures in question on the review of the measures taken 1. Respondent Contracting Party shall notify the other Contracting Party and the CARIFORUM-EC trade and Development Committee of the measures it has taken to comply with the arbitration award, as well as the applicant's contracting party to terminate the application of the measures concerned. 2. If the Contracting Parties within thirty (30) days after notification of the notified measure agreed in compliance with this agreement, the Contracting Party of the applicant to make a request in writing the arbitration ruling in this matter. On the request shall be communicated to the other Contracting Party and the CARIFORUM-EC trade and Development Committee. The arbitration ruling will be communicated to the Contracting Parties and the CARIFORUM-EC trade and Development Committee of the forty five (45) days from the date of the application. If the Tribunal decides that the measures taken to ensure compliance with the provisions of this agreement, the Tribunal shall determine whether the applicant's contracting party may continue to apply appropriate measures. If the Tribunal decides that the measures taken to ensure compliance, comply with the provisions of the agreement, appropriate measures be terminated. 3. If the initial composition of the arbitral tribunal or some members cannot attend a meeting, the new procedure referred to in article 207. Notification of award deadline is sixty (60) days of the request referred to in paragraph 2, the date of filing. 3. IEDAĻAKOPĪG rules 215. mutual agreed solution contracting parties may at any time bring a coherent solution to the dispute in accordance with this part. On the solution to the CARIFORUM-EC, they shall notify the trade and Development Committee. Assuming a mutually agreed solution, the procedure is terminated. 216. pantsProcesuāl rules 1. the dispute settlement procedures under this part for Chapter 2 of the rules of procedure by which the joint CARIFORUM-EC Council takes three (3) months of the provisional entry into force. 2. Any arbitration under the rules of procedure of the meeting is open to the public, unless the arbitral tribunal on its own initiative or at the request of the Parties decides otherwise. 217. the information and technical advice to the Court of arbitration at the request of a Contracting Party, or on its own initiative, may get the news from any source, including the parties to the dispute, the Contracting Parties, it shall be considered acceptable for the arbitration process. The Tribunal shall also have the right, at its sole discretion, seek the views of experts. Stakeholders in accordance with the rules of procedure have the right to submit amicus curiae opinion on the arbitration. In this way information is to be communicated to the Contracting Parties, and they must be given the opportunity to comment. 218. pantsIesniegum language 1. Contracting Parties ' written and oral submissions prepared or very in any of the official languages of the Contracting Parties. 2. The Contracting Parties shall endeavour to agree on a common working language specific procedures under this part. If the contracting parties fail to agree on a common working language, each Contracting Party shall organise their written submissions for the translation and interpretation during the meetings in the language chosen by the defendant, and the Contracting Party shall bear the costs, unless the contracting parties concerned in the official valoda30. 219. pantsInterpretācij rules the Tribunal interprets the provisions of this agreement in accordance with the usual interpretation of public international law, including the provisions laid down in the Vienna Convention on international contracts. Arbitration awards shall not extend or limit provided for in this agreement, the rights and obligations. 220. pantsŠķīrējties rulings 1. The Tribunal 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. In no case is made for different arbitrators ' opinions. 2. the Ruling shall set out the findings of fact in the case, the relevant provisions of this agreement, applicability and judgements on the basis of which made findings and conclusions. CARIFORUM-EC trade and Development Committee of the arbitration award shall be disclosed unless decides not to do it. 221. pantsŠķīrējtiesneš list the CARIFORUM-EC 1 trade and Development Committee shall, no later than six months after the provisional application of the agreement establishing the fifteen (15) the list of persons who are willing and able to act as arbitrators. Each Contracting Party shall select an arbitrator of five persons. The two parties also agree on five individuals who are not nationals of one of the Contracting Parties, which will be the Chairman of the Arbitration Board. CARIFORUM-EC trade and Development Committee shall ensure that the list is always maintained at this number. 2. The arbitrators must have expertise or experience in law and international trade. They must be independent, should work within their own jurisdiction and not to accept instructions from any organisation or Government, and should not be linked to any of the Governments of the Contracting Parties, and must respect the rules of the attached code of ethics. 3. the CARIFORUM-EC trade and Development Committee may establish an additional list of fifteen (15) persons, which is an industry expert knowledge in specific matters covered by this agreement. When used in the article 207 of the selection procedure, the CARIFORUM-EC trade and Development Committee Chairman with the consent of both Contracting Parties may use the list of experts of the sector. CARIFORUM-EC trade and Development Committee creates an additional list of fifteen (15) persons having expert knowledge of the particular title IV, Chapter 4 and 5. 222. pantsAttiecīb with WTO obligations 1. created under this agreement the arbitration does not dispute the view of each of the Contracting Parties or CARIFORUM signatory States ' rights and obligations under the agreement establishing the WTO. 2. The right to use the provisions of the agreement on the settlement of the dispute without prejudice to any action the WTO framework, including dispute settlement action. However, if a Contracting Party or signatory CARIFORUM regarding the specific measure has started the process of dispute settlement under this agreement, art. 206 or the WTO agreement, it will not start the process of settlement of the dispute on the same measure in the other forum until the first proceeding has ended. This point in dispute settlement proceedings under the WTO agreement considers a process underway, the Contracting Party or signatory CARIFORUM State requires to create a tribunal according to the understanding on rules and procedures governing the settlement of disputes, article 6. 3. this Agreement shall not prevent a Contracting Party or signatory CARIFORUM State to implement obligations authorised by the WTO Dispute settlement body. Nothing in the WTO agreement does not prevent the Contracting Parties to postpone the granting of the benefits under this agreement. 223. pantsTermiņ 1. All time limits set out in this part, including the arbitration ruling, the period of notice the number of 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 the parties by mutual agreement. (IV) DAĻAVISPĀRĒJ exceptions in exception clauses pantsVispārēj 224.1. Subject to the requirement that the measures are not applied in such a way that they cause the Contracting Parties of an arbitrary or unjustifiable discrimination or under the same conditions of the Contracting Parties to the trading of goods, services, or disguised restriction of Foundation, nothing in this Agreement shall prevent the EC party, the CARIFORUM States CARIFORUM signatory or the imposition or enforcement of measures which: (a)) are necessary for public safety and the public's moral aizsardzībai31 or the maintenance of public order; (b)) are necessary for human, animal and plant life or health; (c)) are required to ensure compliance with the laws that are not inconsistent with the provisions of this agreement, including the provisions relating to: (i) fraudulent or misleading) practice or applies to the consequences of non-fulfilment of contractual obligations, (ii)) of the protection of privacy with regard to the processing of personal data and the release and the private property of the existing documentation and accounting the protection of confidentiality, (iii), (iv))) the customs enforcement or v) protection of intellectual property rights; (d)) refers to the gold and silver imports or exports; (e)) are required for artistic, historical or archaeological value, the protection of the national wealth; (f) transportation of) relate to conservation of natural resources if such measures to overcome constraints in relation to the domestic production or consumption of goods, delivery of services or domestic consumption and domestic investors; g) refers to a prisoner work products; or h) is not compatible with article 68 and 77, provided that the difference in treatment aims to ensure effective direct taxation and equal imposition or collection for EC contracting parties or signatory CARIFORUM in economic activities, investors or service sniedzējiem32. 2. section II and annex IV EC are not subject to the provisions of the Contracting Parties and signatory CARIFORUM relevant social security systems and the activities of each of the Contracting Parties in the territory, who regularly or occasionally connected with the exercise of official authority. 225. pantsIzņēmum for security reasons 1. Nothing in this agreement: (a)) does not determine the EC party or a signatory CARIFORUM State to provide information if it considers that the disclosure of information contrary to its essential security interests; (b) to prevent the EC party) or CARIFORUM signatory States of the action which it considers necessary for its essential security interests: (i) relating to fissionable materials) and nuclear materials or the materials from which they are derived, ii) relating to the economic activities that directly or indirectly carried out military authorities or security of supply needs, III) relating to arms, munitions and military equipment production and trade, (iv)) in relation to public procurement required for national security or for national defence purposes; or v) in time of war or other emergency in international relations; or (c)) do not interfere with the EC party or a signatory CARIFORUM to take measures to carry out obligations it has accepted for the purpose of maintaining international peace and security. 2. the CARIFORUM-EC trade and Development Committee shall receive the most comprehensive information on the measures taken in accordance with paragraph 1 (b)), and (c)), and for their termination. 226.1. pantsNodokļ this agreement or arrangement established under this agreement, in no way be deemed to prevent the EC party or a signatory CARIFORUM State, when applying its tax law the relevant provisions to distinguish between taxpayers who are not in identical situations, in particular due to their place of residence or the place where their capital is invested. 2. this agreement or arrangement established under this agreement, in no way be deemed to prevent or to execute the measures aimed at preventing the avoidance or evasion of taxes pursuant to the tax provisions of the agreements on double taxation, or other tax regimes for national tax legislation. 3. this agreement is without prejudice to the EC Contracting Party or signatory CARIFORUM in the rights and obligations under tax conventions. This agreement and any such Convention, in the event of non-compliance of the said Convention is operative, in so far as it relates to the conflict concerned. 227. DAĻAINSTITUCIONĀL v rules and pantsCARIFOR EC Joint Council 1. There is hereby established the joint CARIFORUM-EC Council, which monitors the implementation of this agreement. The joint CARIFORUM-EC Council meeting at ministerial level on a regular basis, at least every two years, but if necessary, the Council shall hold extraordinary meetings if the parties so agree. 2. Without prejudice to the functions of the Council of Ministers set out in the Cotonou Agreement, article 15 of the CARIFORUM-EC Joint Council is responsible for the general functioning of this agreement and the implementation and monitor the attainment of its objectives. It also examines the relevant issues in connection with this agreement, as well as all other bilateral, multilateral or international questions of general interest and affect trade between the Contracting Parties. 3. The joint CARIFORUM-EC Council shall also examine the proposals of the parties and recommendations of the review of the agreement. 228. pantsSastāv and rule 1. Joint CARIFORUM-EC Council shall be composed, on the one hand, the Council of the European Union and the European members of the Commission and, on the other hand, the representatives of the Governments of the CARIFORUM signatory States. 2. the CARIFORUM signatory States mandate one of their representatives to act on their behalf in all matters under this agreement in which they agree to act collectively. 3. The joint CARIFORUM-EC Council shall establish its own rules of procedure. 4. the joint CARIFORUM-EC Council President by turns the EC and CARIFORUM, Contracting Parties in accordance with the provisions laid down in its rules of procedure. CARIFORUM-EC Joint Council provides regular reports on the operation of this agreement to the Council of Ministers, set up in accordance with article 15 of the Cotonou Agreement. 5. the joint CARIFORUM-EC Council members can agree on its representation, in accordance with the conditions laid down in its rules of procedure. 229. Article decision-making powers and procedures 1. to achieve the objectives of this agreement, the joint CARIFORUM-EC Council shall have the power to take decisions in respect of all matters covered by this agreement. 2. The decisions taken shall be binding on the Contracting Parties and the CARIFORUM signatory States, which shall take all the measures necessary for the enforcement of this decision, in accordance with each of the Contracting Parties and signatory CARIFORUM in the internal rules. 3. The joint CARIFORUM-EC Council may also make appropriate recommendations. 4. Issues where CARIFORUM signatory States agree to act collectively, the joint CARIFORUM-EC Council shall adopt decisions and recommendations to the Contracting Parties by agreement. Issues where CARIFORUM signatory States agree to act collectively, the decision requires the signatory CARIFORUM State consent. 230. pantsCARIFOR-EC trade and Development Committee of the CARIFORUM-EC 1. The Joint Council shall be assisted in the performance of its duties by a CARIFORUM-EC trade and Development Committee, composed of representatives of the Contracting Parties, usually at the level of senior officials. The CARIFORUM signatory States mandate one of their representatives to act on their behalf in all matters under this agreement in which they agree to act collectively. Each Contracting Party or signatory CARIFORUM can draw the Committee's attention to the issues related to the application of this agreement or its objectives. 2. The joint CARIFORUM-EC Council shall determine the CARIFORUM-EC trade and Development Committee's rules of procedure. CARIFORUM-EC trade and Development Committee Chairman alternately by one year of each of the Contracting Parties. It reports annually to the joint CARIFORUM-EC Council. 3. the CARIFORUM-EC trade and Development Committee shall have the following specific functions. (a)) in the field of trade: i) monitor and respond on the implementation of the provisions of this agreement and the application of correct and discuss and make proposals for cooperation; II) be familiar with the provisions of this agreement further replenishment and to evaluate the results achieved in its application; (iii)) under part III to take action to avoid disputes, and to resolve disputes that may arise concerning the interpretation or application of this agreement; IV) help CARIFORUM-EC Joint Council in the performance of its duties; v) monitor of regional integration and of the Contracting Parties, the economic and trade relationship development; (vi)) to monitor and evaluate the impact of the implementation of this agreement to the Contracting Parties for sustainable development;
VII) to discuss and take action that can facilitate the trade between the Contracting Parties, of the investment and business opportunities; and (VIII)) to discuss matters relating to this agreement, and problems that may affect the achievement of its objectives. (b)) in the field of development: (i)) to help the CARIFORUM-EC Joint Council in the performance of its functions in connection with development cooperation matters covered by this agreement; (ii) this Agreement) to monitor the implementation of the provisions of the cooperation and coordinate this activity with the donors, who are third parties; III) to make recommendations on cooperation between the Contracting Parties relating to trade; IV) periodically review this agreement of cooperation priorities and, where appropriate, to make recommendations for the inclusion of new priorities; and v) to review and discuss cooperation issues relating to regional integration and the implementation of this agreement. 4. when carrying out its functions, the CARIFORUM-EC trade and Development Committee may: (a)) to create and monitor the special committees or bodies dealing with the question of its competence, and to determine such a Committee or body composition and duties, as well as the rules of procedure; (b) to convene meetings each) during the period agreed by the parties; c) to examine any questions and this agreement to act out of their functions; and (d)), to take decisions or make recommendations in the cases provided for in this agreement or if such implementing powers delegated to the CARIFORUM-EC Joint Council. In such cases, the Committee shall take decisions or make recommendations in accordance with article 4, paragraph 229. 5. the CARIFORUM-EC trade and Development Committee meetings of the general implementation of this agreement review usually takes place once a year, one year EC Contracting Party, the following year, the CARIFORUM, the parties worked out on a date and with an agenda. The Committee will hold a special session in order to comply with paragraph 3 (a)) and (b)) States. 231. pantsCARIFOR and EC parliamentary Committee is hereby established, 1 CARIFORUM-EC parliamentary Committee. It is a forum in which the European Parliament and of the legislature of the CARIFORUM States are members and exchange views. It determines the frequency of the meetings. It works with the Joint Parliamentary Assembly, provided for in article 17 of the Cotonou Agreement. 2. the CARIFORUM-EC parliamentary Committee are members of the European Parliament, of the one part, and the CARIFORUM members of legislators, on the other hand. The representatives of the contracting parties can participate in the CARIFORUM-EC parliamentary Committee meetings. 3. the CARIFORUM-EC parliamentary Committee shall establish its own rules of procedure and shall inform the joint CARIFORUM-EC Council. 4. the CARIFORUM-EC parliamentary Committee is alternately European Parliament representative and CARIFORUM state legislature representative in accordance with the provisions of that assessment in its rules of procedure. 5. the CARIFORUM-EC parliamentary Committee may request from the joint CARIFORUM-EC Council, relevant information on the implementation of this agreement, and the joint CARIFORUM-EC Council shall provide the Committee with the requested information. 6. the CARIFORUM-EC parliamentary Committee shall be informed of the CARIFORUM-EC Joint Council decisions and recommendations. 7. the CARIFORUM-EC parliamentary Committee may make recommendations to the joint CARIFORUM-EC Council and the CARIFORUM-EC trade and Development Committee. 232. pantsCARIFOR and EC Advisory Committee 1. There is hereby established the CARIFORUM-EC Consultative Committee whose task is to assist the joint CARIFORUM-EC Council to promote dialogue and cooperation between civil society organisations, including academia, and social and economic partners. Such dialogue and cooperation shall cover all community and CARIFORUM as the economic, social and environmental aspects arising from the implementation of this agreement. 2. participation in the CARIFORUM-EC Consultative Committee decides the CARIFORUM-EC Joint Council with a view to ensuring all stakeholders a wide representation. 3. the CARIFORUM-EC Consultative Committee shall carry out its activity based on consultations with the joint CARIFORUM-EC Council, or on its own initiative and provide recommendations to the CARIFORUM-EC Joint Council. The representatives of the Contracting Parties participating in the CARIFORUM-EC Consultative Committee meetings. 4. EC-CARIFORUM and the Advisory Committee shall adopt its rules of procedure in consultation with the joint CARIFORUM-EC Council. 5. EC-CARIFORUM and the Advisory Committee may make recommendations to the joint CARIFORUM-EC Council and the CARIFORUM-EC trade and Development Committee. DAĻAVISPĀRĪG and VI final provisions 233. pantsLīgumslēdzēj definition and responsibilities of the parties for execution 1. Parties to this agreement are Antigua and Barbuda, the Commonwealth of the Bahamas, Barbados, Belize, the Commonwealth of Dominica, Dominican Republic, Grenada, Guyana, Haiti, Jamaica, the Republic Saint Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, the Republic of Suriname and Trinidad and Tobago, Republic, here referred to as ' CARIFORUM ', of the one part, and the European Community or its Member States or the European Community and its Member States , their respective areas of competence deriving from the Treaty establishing the European Community, here referred to as the "EC party", on the other hand. 2. for the purposes of this agreement, the CARIFORUM countries agree to act collectively. 3. for the purposes of this agreement, the term "Contracting Party" shall refer to the CARIFORUM States acting collectively, or to the EC party respectively. The term "Contracting Party" shall refer to the CARIFORUM States acting collectively, and the EC party. 4. If it is intended or in a separate transaction is required for the implementation of the rights or duties under this agreement, referred to "a CARIFORUM signatory States". 5. the Contracting Parties, or CARIFORUM signatory States shall be determined by the General or particular measures necessary for the performance of their duties under this agreement, and shall ensure compliance with the objectives set out in this agreement. 234. pantsKoordinator and the exchange of information to facilitate the communication of 1 and to ensure the effective implementation of this agreement, the EC party and the CARIFORUM countries collectively each signatory CARIFORUM Coordinator shall be appointed by the provisional application of the agreement. The appointment of a coordinator shall not affect the competent authorities ' specific posting under the specific provisions of this agreement. 2. at the request of each party to the other Contracting Party or signatory CARIFORUM Coordinator indicates the Office or official responsible for issues relating to the implementation of this agreement, and provide necessary support to facilitate communication with the requesting contracting party. 3. at the request of each of the Contracting Parties, in so far as legally possible, each Contracting Party and the CARIFORUM signatory States through their coordinators, provides information and answers questions without hesitation, which refers to the actual or proposed measure that may affect trade between Contracting Parties. The Contracting Parties agree that the exchange of information will drive as far as possible with the CARIFORUM Coordinator. 235. transparency 1. each Contracting Party and the CARIFORUM signatory States shall ensure that the laws, procedures and administrative rulings of general interest, as well as international obligations relating to trade matters contained in this agreement are immediately published, or released to the public and they focused the attention of the other Contracting Party. 2. Without prejudice to the specific provisions of this agreement on transparency, in accordance with this article, the information specified shall be deemed delivered when it is available, the relevant notification to the WTO, or where the information is available to the Contracting Party or signatory CARIFORUM official publicly available free on the website. 3. Nothing in this Agreement shall not impose any Contracting Party or signatory CARIFORUM State obligation to provide confidential information, the disclosure of which would impede law enforcement or otherwise be contrary to the public interest, or which restrict a particular public or private enterprises legitimate commercial interests, except in so far as it needs to be disclosed in connection with dispute settlement procedures under part III of this agreement. If such disclosure to be necessary under article 207 considered created the Court of arbitration, it provides full protection of confidentiality. 236. pantsDialog on the financial issues, the Contracting Parties and signatory States CARIFORUM agree to promote dialogue, transparency and the exchange of best practices in tax policy and administration. 237. pantsKopdarbīb in the fight against illegal financial activities of the Contracting Parties and signatory States of the CARIFORUM undertake to prevent and combat illegal, fraudulent and corrupting activities, money laundering and terrorist financing, and shall adopt the necessary legislative and administrative measures to comply with international standards, including the standards laid down in the UN Convention against corruption, UN Convention on transnational organised crime and its protocols and the UN Convention on the fight against the financing of terrorism. The EC party and the CARIFORUM signatory States agree to exchange information and to cooperate in these areas. 238. pantsPriekšrok regions 1. Nothing in this Agreement shall oblige a Contracting Party the obligation to the other of the Contracting Parties to this agreement are subject to a regime that is more favourable than that applicable to each of the contracting parties concerned in the process of regional integration. 2. any more favourable treatment and benefit under this agreement a signatory CARIFORUM plan EC Contracting Party, due also to each signatory CARIFORUM. 3. Without prejudice to paragraph 2: i) more favourable treatment and benefits take effect immediately at the time of signature of this agreement, for all products that wear the zero tax rate, as described in annex III. II) more favourable treatment and benefits shall enter into force one year after the signing of the agreement between the CARIFORUM States that belong to the Caribbean Community's "advanced countries" (Commonwealth of the Bahamas, Barbados, Guyana, Jamaica, the Republic of the Republic of Suriname and Trinidad and Tobago), and the Dominican Republic in respect of all other products set out in annex III and annex IV. III) more favourable treatment and benefits shall enter into force two years after the signing of the agreement between the CARIFORUM States that belong to the Caribbean Community's "least developed countries" (Antigua and Barbuda, Belize, the Commonwealth of Dominica, Grenada, Saint Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines), and the Dominican Republic in respect of all other products set out in annex III and annex IV. The Republic of Haiti is not required to extend such more favourable treatment and benefits to the Dominican Republic for five years after the date of signature of this agreement. 239. pantsAttālāk European Community regions 1. Having regard to the outermost regions of the European Community and CARIFORUM countries ' geographical proximity, in order to reinforce economic and social links between these regions and the CARIFORUM States, the Contracting Parties shall seek in particular to facilitate cooperation in all the fields covered by this agreement, as well as to facilitate the trade in goods and services, encourage investment and promote the traffic and communication links between the outermost regions and the CARIFORUM States. 2. in paragraph 1, the declared objectives also implemented whenever possible by promoting CARIFORUM and the joint participation of the outermost regions of the European Community framework programme and specific programmes in the areas of the agreement. 3. the EC party shall endeavour to ensure cooperation between the various European Community cohesion and development policy financing instruments with a view to promoting cooperation between the CARIFORUM States and the European Community in this agreement to the outermost regions. 4. Nothing in this Agreement shall prevent the EC party from applying existing measures aimed at addressing the outermost regions of the social and economic situation of the structure under the Treaty establishing the European Community Article 299 (2). 240. pantsGrūtīb in the field of balance of payments 1. If a signatory CARIFORUM State or the EC party has or can have serious balance-of-payments and external financial difficulties, it may adopt or maintain restrictive measures in respect of trade in goods and services and foundations. 2. EC-CARIFORUM signatory States and the Contracting Party shall endeavour to avoid the mentioned in paragraph 1 for the application of restrictive measures. 3. in accordance with this article All fixed or keep the restrictive measures are non-discriminatory and, for a limited period of time, and does not exceed the balance of payments and the external financial situation of adjustment required. They are, respectively, in accordance with the WTO agreements, conditions and compatible with the International Monetary Fund's statutes. 4. the CARIFORUM signatory States or the EC party, which maintained or restrictive measures or amendments thereto, shall immediately inform the other Contracting Party and shall, as soon as possible a timetable for their removal. 5. the CARIFORUM-EC trade and Development Committee shall be held immediately. The consultation assessed or CARIFORUM signatory States concerned EC Contracting Parties the balance of payments situation and in accordance with this article or for a established paturēto restrictions, taking into account inter alia such factors as: (a)) of the balance of payments and the external financial difficulties, nature and scope; (b)) the external economic and trading environment; c) alternative corrective measures available. The consultation dealt restrictive measures in conformity with point 3 and 4. Consultation accepts all submitted to International Monetary Fund statistics and other facts relating to the foreign currency reserves and the balance of payments and the basic conclusions with the Fund provided by the CARIFORUM signatory States or EC Contracting Parties in the field of balance of payments and the external financial situation assessment. 241. the Cotonou Agreement pantsAttiecīb 1. except for part 3 of the Cotonou agreement in title II provisions on development cooperation, and this agreement, the Cotonou Agreement part 3, section II, of the cases of non-compliance with the provisions of this Agreement shall prevail. 2. Nothing in this agreement is not visible so that it interfered with the EC party or a signatory CARIFORUM to take measures, including trade-related measures, under this agreement, which are deemed to be appropriate, as provided for in article 11 of the Cotonou Agreement) and in paragraph (b), and article 96.97 in that article. 242. pantsAttiecīb with the WTO agreement, the Contracting Parties agree that nothing in this agreement requires them or the CARIFORUM signatory States to act not according to their WTO obligations. 243. the entry into force this Agreement shall enter into force on the first day of the second month after the Contracting Parties have notified each other of the completion of the procedures necessary for this purpose. 2. the notification shall be transmitted to the Secretary-General of the Council of the European Union, which is the depositary of this agreement. 3. Until the entry into force of this agreement, the moment, the European Community and CARIFORUM signatory States agree this agreement wholly or partly to apply provisionally. This can be done by applying provisionally under the laws of the signatories or the ratification of the agreement. On the provisional application must be notified to the depositary. Agreement shall be applied provisionally upon ten (10) days of receipt of the notification of the provisional application by the European Community or from all the CARIFORUM signatory States. Provisional application implemented as soon as possible, and not later than 31 October 2008. 4. Without prejudice to paragraph 3; The European Community and CARIFORUM signatory States can take measures to apply an agreement before the provisional application, to the extent feasible. 244. pantsIlgum 1. this Agreement shall remain in force indefinitely. 2. Each Contracting Party or signatory CARIFORUM may submit written notice to the other of its intention to denounce this agreement. 3. The denunciation shall take effect six months after notification. 245. the implementing measures of the territory of this Agreement shall apply, on the one hand, the territories in which the Treaty establishing the European Community is applied under the conditions laid down in that Treaty and, on the other hand, to the territory of the CARIFORUM signatory States. References in this agreement to a "territory" should be understood in this sense. 246. pantsPārskatīšan clause 1. The Contracting Parties agree to consider updating of this agreement to extend and complement its scope in accordance with their respective legislation, amend it or by means of agreements on specific sectors or activities, taking into account the experience gained during the application. The Contracting Parties may also consider a revision of the agreement, its scope, including the overseas countries and territories associated with the European Community. 2. With regard to the implementation of this agreement, the two Contracting Parties may put forward suggestions to correct trade-related cooperation, taking into account the experience gained during the application. 3. The Contracting Parties agree that this agreement may be required for the review, taking account of the expiry of the Cotonou Agreement. 247. pantsJaun EU Member States accession 1. Joint CARIFORUM-EC Council shall inform about each application lodged by a third State to become a European Union (EU) Member States. During the negotiations between the EU and the applicant countries in the EC party shall provide to the CARIFORUM States relevant information and they in turn expressed the views of the EC Contracting Party, so that it can take them fully into account. The EC party shall notify each of the CARIFORUM countries on accession to the EU. 2. Any new Member State of the European Union accede to this agreement from the date of accession in the EU with the accession clause. If the Act of accession, the EU does not provide for such automatic accession of the Member State of the agreement, the EU Member State concerned, of the Act of accession depositing with the General Secretariat of the Council of the European Union, which shall send a certified copy of the CARIFORUM States. 3. the Contracting Parties shall examine accession of new EU Member States the impact this agreement. The joint CARIFORUM-EC Council may decide on any transitional or amending measures that might be necessary. 248. pantsPievienošan. 1 this Agreement shall be open to any Caribbean country in accordance with the terms and conditions on which you may agree to such State and the EC party and the CARIFORUM signatory States, after approval in accordance with the applicable EC Contracting Parties and signatory CARIFORUM and the country which joins the legal procedures. 2. accession of the Act shall be deposited in the depository. 249. pantsAutentisk texts this agreement is drawn up in duplicate in the Bulgarian, Czech, English, Finnish, French, German, Greek, Dutch, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each of these texts being equally authentic. 250. the annexes to this agreement, the annexes, protocols and the footnote shall form an integral part thereof. Appendix 1 of annex III shall be drawn up in English only.
1 the terms "goods" and "products" have the same meaning, unless explicitly stated otherwise. 2 these calculations use the WTO official data on leading exporters in world trade (excluding intra-EU trade). 3 agricultural production in this article are those covered by the WTO agreement on agriculture in annex I. paragraph 4 1 subsidy payments under the amended existing subsidy programs due to changing market conditions is not considered a new subsidy program subsidies. 5 in accordance with its communication of the EC Treaty (WTO doc. WT/REG39/1) EC Contracting Parties within the meaning of the term "effective and continuous link with the economy of a Member State", enshrined in article 48 of the EC Treaty, is equivalent to the concept of "essential business", referred to in article V of the GATS and in point 6 of this agreement. 6 in the case of a legal person the terms "creation" and "acquisition" are to be understood as the legal person of the capital participation with a view to establishing or maintaining lasting economic links. If the legal person has the status of a limited company, enduring economic context is if the stock portfolio enables the shareholder, either pursuant to the provisions of national law on limited liability companies, or otherwise to participate effectively in the management or control of the company. Long term loans with the nature of the membership are loans to over a period of five years, which shall be carried out with a view to establishing or maintaining lasting economic links; the main examples are loans granted by company subsidiaries or companies in which they own a part of the property, and the loans that are associated with an agreement to share profits. 7 legal entity controlled by another legal person, if this entity has the power to appoint a majority of directors or otherwise legally to direct its actions. 8 is not considered a commercial presence affect the measures associated with the expropriation and investor and public dispute resolution, for example, measures covered by bilateral investment treaties. 9 domestic cabotage transport services covers the CARIFORUM signatory or Member State of the European Union for the carriage of passengers or goods, which begins and ends at the above mentioned CARIFORUM signatory States or in a Member State of the European Union. 10 2, point a (a)), (b) and (c))) does not apply to the measures imposed to limit agricultural production. 11 each Contracting Party or signatory CARIFORUM may require, through its law, investors adopted a specific legal form. As far as this requirement is applied without discrimination, it should not be included in the list of parties to the said party would be able to maintain or adopt. 12 believes that at the time of signature of this agreement, to the European economic area, the European Union's pre-accession agreements, CARICOM/single market and economy and the CARIFORUM and the Dominican Republic free trade agreement fully included in this exception. 13 These estimates use the WTO official data on leading exporters in world trade (excluding intra-EU trade). 14 in accordance with the Declaration, the most important labour standards detailed in the ILO conventions on freedom of Association, forced labour, child labour and discrimination in the workplace. 15 domestic cabotage transport services covers the CARIFORUM signatory or Member State of the European Union for the carriage of passengers or goods, which starts and ends in the CARIFORUM State or in the territory of that Member State. 16 considers that at the time of signature of this agreement, to the European economic area, the European Union's pre-accession agreements, CARICOM/single market and economy and the CARIFORUM and the Dominican Republic free trade agreement fully included in this exception. 17 These estimates use the WTO official data on leading exporters in world trade (excluding intra-EU trade). 18 host commercial presence can make for prior approval to submit a training programme, which covered the time of stay and that the purpose of stay is training. With regard to Spain, France, Germany, Austria and Hungary in training must be associated with the initial academic degree. 19 service agreement referred to in (d) and (e))) must satisfy the Contracting Party or signatory CARIFORUM law and where the contract is executed. 20 Get at adulthood. 21 if the degree or qualification is obtained, where the services are given, that Contracting Party may examine whether it meets the academic degree that is required in its territory. 22 if the degree or qualification is obtained, where the services are given, that Contracting Party may examine whether it meets the academic degree that is required in its territory. 23 EC Contracting Parties the following rates are cost oriented, CARIFORUM signatory States — based on cost. 24 this article relates only to the financial services activities, dealt with in article 103 and liberalised in accordance with this section. 25 this section tourism distribution networks are tour operators and other tourism (both outgoing and incoming) wholesalers, computer reservation systems and global distribution systems (related or not related to the airlines or on the internet), travel agencies and other suppliers of tourism services. 26 in this article does not limit the renewable period of not less than ten years, the use is to be considered as a use for an indefinite period. 27 it is understood that there is no obligation to apply such procedures to imports of goods by the holder of the rights has placed on the market in another country or placed on the market in another country with his consent. 28 this section "goods infringing an intellectual property right" means: (a) "counterfeit goods"), namely: (i) goods, including the packaging), which without permission is a trademark that is identical with the trade mark which has been lawfully registered the same type of goods, or mark the material aspects which cannot be distinguished from such trade mark, and which thereby infringes the trademark rights of the holder, (ii)) any trade mark symbol (logo , label, sticker, listing particulars, instructions for use or guarantee document) whether presented separately, on the same conditions as the goods referred to in Annex i, part III)) packaging materials of counterfeit trademarks, presented separately, on the same conditions as the goods referred to in (i)); b) "pirated", namely goods which are or contain copies of copies that are made without the copyright or related rights, or a design right holder's authorization, regardless of whether they are established in national legislation; c) goods that are in accordance with the laws of the EC Contracting Party or signatory CARIFORUM State, which filed the request to the Customs Act in violation of: (i)), (ii) the design) the geographical indication. The EC party and the CARIFORUM signatory States agree to cooperate in the scope of this definition will be applied to all goods which are in breach of any intellectual property rights. 29 this rule is included in the following international instruments: (i) computerized) guidelines for personal data filing system to regulate what the UN General Assembly amended the 1990 20 November; II) economic cooperation and Development Council recommendation on guidelines that determine the protection of privacy and transborder flows of personal data, adopted on 23 September 1980. 30 of the CARIFORUM States in this article, the official languages are English, French, Dutch and Spanish and EC contracting party languages are those specified in article 249. 31 the parties agree that, in accordance with Chapter 5 of title IV measures necessary to combat child labour, should be considered to include the measures necessary for the protection of public morality or the measures necessary for the protection of health. 32 on measures designed to ensure the effective and equitable direct tax assessment or collection of, belongs to the measures which the EC party or a signatory CARIFORUM made their tax system, which: (i)) refers to the investors and service providers who are not residents, acknowledging that the tax obligation of non-residents is determined with respect to taxable units, imported from the EC Contracting Party or signatory CARIFORUM or located there; or (ii)) apply to non-residents, in order to ensure the imposition or collection of taxes, the EC Contracting Party or signatory CARIFORUM in the territory; or III) apply to non-residents or residents in order to prevent tax avoidance or evasion, including compliance measures; or (iv)) refers to the services provided to consumers in the territory of the other Contracting Party, or to ensure the imposition or collection of taxes on such consumers derived an EC Contracting Party or signatory CARIFORUM in the territory; or v) distinction between investors and service providers who are taxpayers on worldwide taxable units from other investors and service providers, recognizing their differences in the tax base; or vi) determine, allocate or broken down by resident or affiliate, or an associated person, or one person's affiliate income, profits, revenues, losses, deductions, or credits, in order to ensure EC Contracting Party or signatory CARIFORUM tax base. Tax terms or concepts that rule) and h this footnote is determined according to the tax definitions and concepts, or equivalent or similar definitions and concepts under the EC contracting parties or CARIFORUM signatory States which adopt measures, domestic laws.
  Final Act by a party authorised by: Antigua and Barbuda Bahamas BARBADOS, Belize, the COMMONWEALTH, the Commonwealth of Dominica, Dominican Republic, Grenada, Guyana, Haiti, Jamaica, Saint Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Suriname, Trinidad and Tobago, REPUBLIC, hereinafter referred to as "the CARIFORUM countries ', of the one part, and 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 Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, Malta, 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, the Treaty establishing the European Community and the Treaty on European Union the Contracting Parties, referred to as "the Member States of the European Union", and the European Community, on the other hand, gathered in Bridgetown, Barbados two thousand and eighth of the fifteenth of October to sign the economic partnership agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, on the other hand, the signing of the said agreement are:-adopted the following annexes, protocols, joint declarations, the Declaration and the joint statement: (I) Annex: annex II: Export the CARIFORUM products originating in the customs duties applicable to annex III: EC Contracting Parties applicable to products originating in the customs duties in ANNEX IV : A list of Obligations with respect to investment and trade in services annex v: information centres (in accordance with article 86) annex VI: purchases by Annex VII: publishing features: Protocol I of "originating products" definition of the concept and methods of administrative cooperation (II): the PROTOCOL On mutual administrative assistance in customs matters Protocol III: On cultural cooperation in witness whereof, the Plenipotentiaries have signed this final act.   Съставено в Бриджтаун, Барбадос на петнадесети октомвридве хиляди и осма година. Hecho en Bridgetown, Barbado, el de octubr de dosmil quinc» Ocho. Bridgetown Barbados v na DNA patnáctéh the říjn of the DVA in tisíc osm. Bridgetown, Barbado Udfærdige i den femtend in October, to tusind og Otto. Geschehen zu Bridgetown, Barbado, am fünfzehnten Oktober zweitausendach. The tuhand of the kaheksand of aast Kah-oktoobriku viieteistkümnendal päeval Barbadosel of the Bridgetown. Έγινε στις δέκα στο Μπαρμπάντος των πέντε Bridgetown Οκτωβρίου δύο χιλιάδες, οκτώ. Done at Bridgetown, Barbado on the fifteenth day of October in the year two thousand and eight. Fait à la Barbad, Bridgetown, le deux Mille quinz octobr is a hui. Fatt (a) Bridgetown, Barbado, addì ottobr duemilaott quindic in the. Bridgetown, Barbados, the twenty-eighth of October the fifteenth. The Bridgetown, Barbados Priimt, du tūkstanči aštuntų the penkioliktą antrą the spali metų dieną. The Bridgetownban, a kétezer Barbadoson Kel-október tizenötödik év napján nyolcadik. Bridgetown, Barbado Magħmul fi il-file-ħmistax-il-' ta Ottubr you this ancient elfejn u tmienj. Gedaan te Bridgetown, Barbado, de vijftiend» oktober tweeduizend ach. The Bridgetown Barbados-Sporządzon w na piętnasteg dnia październik-the hand of ósmeg. dw tysiąc Bridgetown, Barbado em appoints Pieter Feith, quinz de Outubr em DOIs mil e de Oita. Închei a la Bridgetown, Barbado, la cincisprezec is the octombr două Mii opt. Barbados-Bridgetown-v na pätnásteh októbr of the dvetisícos of DNA. V Bridgetown, Barbado, DNA-petnajsteg October LETA DVA tisoč os. Tehty Bridgetowniss viidentenätoist päivänä lokakuut of Barbadoksess of vuonn of kaksituhattakahdeksan of the. Utfärdad i Bridgetown, Barbado, Dan femtond of October tjugohundraått.  




  Annex 1-3 PDF format Appendix 1 to annex 3 in English PDF format of annex 3 Appendix 1 Latvian Edition PDF format 4-7. Annex PDF format 1-3 Protocol PDF joint declarations in PDF format