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Translation 1
(State 1 Er May 2008)
The Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the Swiss Confederation as Members of the European Free Trade Association
(hereinafter referred to as "the EFTA States") On the one hand
And
The Republic of Botswana, the Kingdom of Lesotho, the Republic of Namibia, the Republic of South Africa, the Kingdom of Swaziland, which together form the Southern African Customs Union
(hereinafter collectively "SACU" or individually "the States of the SACU)", on the other hand,
Hereinafter collectively referred to as the "Parties",
Whereas the EFTA States and the States of the SACU wish to continue to strengthen their ties and establish close and sustainable relations based on partnership and cooperation,
Recognising the efforts made by the governments of the SACU States to pursue economic and social development for the benefit of their population and the willingness of the EFTA States to support this process,
Recalling the importance that the Parties attach to the principles and rules governing international trade and the need to apply them in a transparent and non-discriminatory manner,
Taking into account the rights and obligations of the Parties inherent in their membership of the World Trade Organization 3 (hereinafter referred to as "the WTO") and their contribution to the further strengthening of the multilateral trading system,
Recognizing the special needs and interests of the States of the SACU as developing or least developed countries and that such needs and interests must be addressed on the basis of a principle of reciprocity that is not entirely in the reduction of Commitments, in accordance with the Doha Development Agenda
Confirming the commitment of the Parties to promote regional cooperation and economic integration between the countries of Southern Africa and Europe and to promote trade liberalization between the Parties,
Aware of the commitment of the Parties to ensure that their mutual arrangements do not prevent the process of regional integration among the EFTA States, on the one hand, and the member States of the SACU, on the other hand,
Wishing to create new employment opportunities and improve working conditions and living standards in their respective territories, while promoting sustainable development,
Reaffirming their commitment to the principles and objectives of the Charter of the United Nations 4 And the Universal Declaration of Human Rights, and
Convinced that this Agreement will create conditions to encourage economic, trade and investment relations between the Parties,
Agreed, with the intention of pursuing the above objectives, to conclude the following Agreement (hereinafter referred to as "this Agreement"):
1. The Parties shall establish a free trade area in accordance with the provisions of this Agreement, which shall be based on trade relations between market economies.
2. The objectives of this Agreement are to:
The provisions of this Agreement shall apply to trade and economic relations between the EFTA States individually, on the one hand, and the Member States of the SACU individually, on the other. They also apply, where specifically stipulated, to the SACU States operating jointly as SACU. With regard to the SACU, the meaning of the term "Parties" or "Party" in each case shall be inferred from the relevant provisions of this Agreement and the respective powers of the SACU and its member States arising out of the Agreement The 2002 SACU ("SACU Agreement 2002") and its various amendments. This Agreement shall not apply to trade relations between the EFTA States or to trade relations between the States of the SACU.
Without prejudice to Annex V, this Agreement shall apply to:
2. Annex I to this Agreement shall apply to Norway.
1. The Parties confirm their rights and obligations under the Marrakesh Agreement Establishing the World Trade Organization and other agreements negotiated in that framework to which they are parties (hereinafter referred to as " the WTO Agreement 1 ") And by virtue of any other international agreement applicable between them.
(2) Nothing in this Agreement shall be construed to exempt Parties from their obligations under other international agreements.
This Agreement shall not prevent the maintenance, creation or extension of customs unions, free trade zones, border trade arrangements and other preferential agreements of the Parties, to the extent that they do not interfere Not with the observance of the obligations of this Agreement. The Parties shall inform each other, within the Joint Committee established pursuant to Art. 33 (hereinafter referred to as "the Joint Committee") concerning such agreements concluded with third countries.
1. This Chapter applies to:
Originating in an EFTA or SACU State in accordance with the rules of origin set out in Annex V.
2. SACU and each of the EFTA states have entered into trade agreements for agricultural products on a bilateral basis. These agreements constitute part of the instruments establishing the Free Trade Area between the EFTA States and the SACU.
The rules of origin provisions are set out in Annex V.
2. The provisions on mutual administrative cooperation for customs matters are set out in Annex VI.
No new customs duties shall be introduced between the EFTA States and the SACU in respect of the trade referred to in the first paragraph of Art. 6, other than the exceptions provided for in this Agreement.
On the entry into force of this Agreement, the EFTA States shall abolish all customs duties on imports for products originating in the SACU.
The SACU will progressively reduce its customs duties on imports for products originating in the EFTA States, in accordance with the provisions laid down in Annexes IV and VII.
4. Upon the entry into force of this Agreement, the Parties shall eliminate all customs duties on exports to other Parties, other than the exceptions provided for in this Agreement.
5. A "customs duty" includes any duty or tax, whatever its nature, that would be imposed in connection with the importation or exportation of a product, including any form of surtax or surcharges, but does not include any tax imposed under Art. III, VIII and XI of GATT 1994.
1. For each product, the basic right to which the successive reductions set out in Annexes IV and VII will be applied shall be the most-favoured-nation tariff (hereinafter referred to as "MFN") applied as of the date of 1 Er July 2003.
2. If, before, from or after 1 Er July 2003, some tariff reduction is applied on a basis Erga omnes , in particular in the case of reductions that meet commitments arising from multilateral negotiations under the aegis of the WTO, these reduced rights shall replace the basic rights referred to in the first subparagraph from the date of their application or from The entry into force of this Agreement if it is later.
3. The reduced fees calculated in accordance with Annexes IV and VII shall apply rounded to the first decimal place or, if they are specific rights, rounded to the second decimal place.
4. The first paragraph shall not apply to products subject to 1 Er July 2003 of an investigation by the International Trade Administration Commission of South Africa (ITAC), which are listed in Annex VIII, and the products listed in Schedule VII, Tables 1 and 2, which are categorized as List 5 and List 6.
5. With the exception of the margin of preference categorized as "partial bias 1" and "partial bias 2" in the fifth paragraph of Annex VII, the second paragraph shall not apply to the products listed in Tables 1 and 2 of Annex VII, which are Categorized as list 5 and list 6.
The rights and obligations of the Parties with respect to export and import restrictions will be governed by s. XI of the GATT 1994, which is incorporated into this Agreement and is an integral part thereof.
Subject to other provisions of this Agreement, the Parties shall apply national treatment in accordance with Art. III of the GATT 1994, including its interpretative notes, which is incorporated into this Agreement and is an integral part thereof.
The rights and obligations of the Parties in respect of State commercial enterprises shall be governed by Art. XVII of the GATT 1994 and the Understanding on the Interpretation of Art. XVII of the GATT 1994, which are incorporated into this Agreement and form an integral part thereof.
1. The rights and obligations of the Parties with respect to technical regulations, standards and conformity assessment are governed by the provisions of the WTO Agreement on Technical Barriers to Trade 1 (hereinafter referred to as the "TBT Agreement" of the WTO) and the decisions and recommendations adopted by the WTO TBT Committee since 1 Er January 1995.
2. The Parties shall strengthen their cooperation in the field of technical regulations, standards and conformity assessment in order to increase their mutual understanding of their systems and to facilitate access to their respective markets. For this purpose, the Parties shall exchange information on request and shall promptly consider any request for cooperation. The elements of such cooperation can be:
3. Without prejudice to the rights and obligations of the Parties under the WTO TBT Agreement, the Parties agree to hold consultations within the framework of the Joint Committee to address any issues arising from the application of Specific technical regulations, standards and conformity assessment procedures, for the case where such an application has created or is likely to create an obstacle to trade between the Parties in order to find an appropriate solution In accordance with the WTO TBT Agreement.
1. The rights and obligations of the Parties concerning sanitary and phytosanitary measures are governed by the WTO Agreement on the Application of Sanitary and Phytosanitary Measures 1 (hereinafter referred to as the "SPS Agreement").
2. The Parties shall strengthen their cooperation on sanitary and phytosanitary issues with a view to increasing their mutual understanding of their systems and improving access to their markets. Such cooperation may include expert consultations.
3. If a Party considers that another Party has taken measures that may affect or have affected market access, expert consultations will be held to find an appropriate solution in accordance with the SPS Agreement. WTO. Such consultations may take place within or outside the Joint Committee. The Parties shall exchange names and addresses of points of contact with sanitary and phytosanitary expertise in order to facilitate communication and exchange of information.
4. Any agreement between the Parties shall be adapted to the domestic law of the Parties and shall preserve the individual and collective health and phytosanitary status of the States of the SACU.
5. The Parties affirm their support for the standards set by the international bodies recognized by the WTO SPS Agreement, taking into account the fact that all States of the SACU are not signatories to the International Convention for Protection Plants.
1. The Parties recognize that certain business practices, such as anti-competitive agreements or concerted practices and abuse of a dominant position, may restrict trade between the Parties and thus prevent the achievement of The objectives of this Agreement.
2. If a Party considers that the operation of this Agreement is adversely affected by a practice referred to in the first subparagraph, it may request the Party or Parties in the territory of which that practice finds its origin to cooperate To put an end to the practice in question or its adverse effects. Cooperation shall include, to the extent permitted by domestic legislation, the exchange of information available to the Parties in connection with the question concerned.
3. In the event of cooperation between the Parties directly involved in the sense of para. 2, does not lead to a solution; the injured party may request consultations within the Joint Committee with a view to resolving the matter in a mutually acceptable manner.
1. The rights and obligations of the Parties concerning subsidies and countervailing measures shall be governed by Art. VI and XVI of the GATT 1994 and the WTO Agreement on Subsidies and Countervailing Measures 1 , except for the exceptions provided for in the provisions of the second subparagraph.
2. Before an EFTA State or the SACU opens an investigation to determine the existence, extent and effect of an alleged subsidy in one of the SACU States or in one of the EFTA States, in accordance with the provisions of Art. 11 of the WTO Agreement on Subsidies and Countervailing Measures, the Party considering opening the investigation shall notify in writing its intention to the Party whose property would be the subject of the investigation, in order to find a solution Mutually acceptable within 30 days. If requested by a Party, consultations shall take place within the Joint Committee within 10 days from the date of receipt of the notification.
1. The rights and obligations of the Parties with respect to the application of anti-dumping measures are governed by s. VI of the GATT 1994 and the Agreement on the Implementation of Art. GATT 1994 1 .
2. After an EFTA State or SACU has received a duly documented request and before an investigation is initiated in accordance with the provisions of the Agreement referred to in the first subparagraph, that Party undertakes to notify the said request in writing to the Party It is alleged that the goods are being dumped and that the Party concerned is invited to consultations with a view to finding a mutually acceptable solution within 30 days. The outcome of these consultations shall be communicated to the other Parties. If requested by a Party, consultations shall take place within the Joint Committee within 10 days from the date of receipt of the notification.
The Parties affirm their rights and obligations under s. XIX of the GATT 1994 and the WTO Agreement on Safeguards 1 .
Where, as a result of the reduction or elimination of a customs duty under this Agreement, imports of a given product originating in an EFTA or SACU State on the territory of an EFTA or SACU State increase in Amounts and conditions as they cause or threaten to cause serious injury to domestic producers of like or directly competing products in the territory of the importing Party, the importing Party may take Emergency measures under the conditions and procedures provided for in this Article.
2. An EFTA State or the SACU which intends to take emergency measures shall, as soon as possible and in all cases before taking any action, provide any relevant information to the Joint Committee for the purpose of finding a solution Acceptable to all Parties concerned.
3. The emergency measures shall not exceed what is necessary in order to remedy the difficulties which have arisen and normally consist of suspending the subsequent reduction of any applicable customs duty rate laid down in the provisions of the present Agreement for the product in question or to increase this rate for the product under consideration.
4. These measures contain clear elements which gradually result in their elimination at the end of the fixed period, at the latest. Measures are not taken for a period of more than one year. In very exceptional circumstances, the maximum duration of such measures may be three years.
5. Within 30 days of notification, the Joint Committee shall examine the information provided under para. 2 to facilitate the search for a mutually acceptable solution. In the absence of a solution, the importing Party may take a measure in accordance with para. 1 to correct the problem. The Joint Committee shall be notified immediately of the emergency measure. When choosing the emergency measure, priority shall be given to that which least disrupts the operation of this Agreement.
6. In critical circumstances, in which a delay would cause difficult damage to be repaired, the EFTA State concerned or the SACU may take a provisional emergency measure after finding that there is clear evidence that a Increased imports caused or threatened to cause serious injury. The Party intending to take such action shall immediately inform the other Parties and the Joint Committee and shall initiate the procedure in accordance with the second subparagraph. The interim measure must expire after six months at the latest.
Safeguard measures concerning agricultural products shall be taken in accordance with the conditions laid down in Art. 19, first paragraph.
2. A measure may not be taken for a period exceeding one year and may consist of:
3. Before taking any safeguard action, a Party shall notify the other Parties in writing of its intention to take such action. Within 60 days of the date of the notification, the Party from which it emanates shall provide any relevant information concerning the safeguard measure. If the request is made, that Party shall hold consultations on the conditions for the application of this measure with the affected Party (s).
1. When imports of a given product originating in an EFTA State from a state of the SACU grow in proportions and conditions as they cause or threaten to cause serious disruption in a nascent industry Or in a sector subject to restructuring, the SACU may take exceptional measures of limited duration in the form of an increase or reintroduction of customs duties.
2. The import duties applicable in the SACU to products originating in the EFTA States introduced by such measures may not exceed the level of the MFN rates applied and must retain a preferential element for the Products originating in the EFTA States. The total value of all imports of products subject to these measures may not exceed 15 % of the total imports from the EFTA States during the last year for which statistics are available.
Exceptional measures may not be applied for a period of more than four years. They shall cease to apply no later than the expiry of the transitional period of up to nine years. Such time limitations may be extended exceptionally by decision of the Joint Committee.
4. None of these measures may be introduced for a product for which all customs duties and quantitative restrictions, charges or measures having equivalent effect have been eliminated for more than three years.
5. The SACU shall notify the Joint Committee of the exceptional measures it intends to take and, at the request of one of the EFTA States, consultations on such measures shall take place before they are applied, in order to find a solution Acceptable. The notification must include an indicative timetable for the introduction and subsequent removal of the customs duties which will be imposed.
If, within 30 days of the date of the notification, there is no agreement on the proposed measures referred to above, the SACU may take appropriate action to remedy the problem and provides the Joint Committee with the timetable Final deletion of the customs duties introduced under this Article. This timetable will have to fix the elimination of these rights in equal annual instalments beginning no later than one year after their introduction. The Joint Committee has the authority to decide on a different timetable.
1. The rights and obligations of the Parties concerning restrictions on the safeguarding of the balance of payments shall be governed by Art. XII of the GATT 1994, which is incorporated into this Agreement of which it is an integral part.
The Party which introduces a measure under this Article shall promptly notify it to the other Parties and to the Joint Committee.
The rights and obligations of the Parties concerning general exceptions are governed by s. GATT 1994, which is incorporated into this Agreement of which it is an integral part.
The rights and obligations of the Parties with respect to security exceptions are governed by s. XXI of GATT 1994, which is incorporated into this Agreement of which it is an integral part.
Botswana, Lesotho, Namibia and Swaziland may, in accordance with Art. 26 of the "SACU Agreement 2002", temporarily levy customs duties on imports to protect their nascent industries. These rights shall also be levied on goods originating in other SACU States and on those originating in States outside the SACU.
Botswana, Lesotho, Namibia and Swaziland may temporarily restrict the import or export of goods for the purposes of rural development, food security and poverty alleviation in a manner that is not Inconsistent with the WTO Agreement. Such measures are also being taken towards all other countries.
3. The Party intending to take a measure in accordance with the first or second paragraph shall inform the Joint Committee and shall be prepared, at the request of another Party, to discuss the matter in the Joint Committee.
1. "Intellectual property" includes in particular copyright, including computer programs and compilations of data, as well as related rights, trademarks of goods and services, indications Geographical, industrial designs, patents, plant varieties, topographies of integrated circuits, as well as undisclosed information.
2. The Parties shall grant and ensure adequate, effective and non-discriminatory protection of intellectual property rights and shall take measures to ensure that such rights are respected in the event of infringements, counterfeiting and piracy In accordance with the provisions of this Article and the obligations laid down in the international agreements to which they are parties.
(3) The Parties shall accord to nationals of other Parties treatment no less favourable than that accorded to them by their own nationals. Exceptions to this obligation must be in accordance with the substantive provisions of s. 3 and 5 of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights 1 (hereinafter referred to as "the TRIPS Agreement").
4. The Parties shall accord to nationals of other Parties treatment no less favourable than that accorded to nationals of any other State. Exceptions to this obligation must be in conformity with the substantive provisions of the TRIPS Agreement, in particular its art. 4 and 5.
5. The EFTA States and the SACU States affirm their commitment to review this chapter within a period of not more than five years after the entry into force of this Agreement, with the aim of progressively harmonising their legal framework in matters of law Of intellectual property.
Upon request of a Party, consultations shall be convened as a matter of urgency with a view to finding a mutually acceptable solution in order to avoid or correct trade distortions resulting from the current level of protection of property rights Intellectual.
1. Recognizing the increasing role of services in the development of their economies, the Parties stress the importance of strict compliance with the General Agreement on Trade in Services 1 (hereinafter "the GATS").
2. The Parties shall endeavour to extend the scope of this Agreement with a view to further liberalising trade in services between them. The Joint Committee shall make the recommendations necessary to achieve this objective no later than five years after the entry into force of this Agreement. In formulating these recommendations, the Joint Committee will take into account the experience gained in implementing the GATS obligations of the Parties.
3. Where a Party enters into an agreement as defined in Art. V of the GATS, it undertakes, at the request of one of the other Parties, to give them an adequate opportunity to seek, including through possible negotiations, comparable conditions on a mutually beneficial basis.
1. The Parties shall endeavour to create and maintain a stable and transparent framework for investment and shall not adversely affect, through unreasonable or discriminatory measures, the management, conservation, use, enjoyment or The disposition of investments by investors of other Parties. The Parties shall accept investments made by investors of other Parties in accordance with their laws and regulations.
2. The Parties recognize the importance of promoting cross-border flows of investment and technology as a means of achieving economic growth and development. To this end, cooperation may include:
3. The Parties recognize that it is inappropriate to encourage investment by weakening health, safety or environmental standards.
4. The Parties affirm their commitment to re-examine investment issues within the Joint Committee within a period not exceeding five years from the date of entry into force of this Agreement. Where, after the entry into force of this Agreement, either Party grants a non-Party a more favourable investment framework than that provided for in this Agreement, it undertakes to provide the other Parties with an adequate opportunity to Seek, including through possible negotiations, comparable conditions on a mutually beneficial basis.
The Parties agree on the importance of cooperation aimed at enhancing mutual understanding of the laws and regulations governing their respective public procurement markets.
2. The Parties shall publish their laws or otherwise make available to the public their laws, regulations and administrative provisions of general application. The Parties agree that it is important that they respond to specific questions concerning their laws and regulations and that they provide, upon request, clarifications for these matters.
3. At the latest five years after the entry into force of this Agreement, the Parties shall consult within the Joint Committee in order to examine possible steps to liberalise each other's public procurement markets. Where a Party grants a non-Party, after the entry into force of this Agreement, the best terms and conditions as provided for by the Party in respect of access to its public contracts, that Party undertakes to give other Parties an opportunity To seek, including through possible negotiations, comparable conditions on a mutually beneficial basis.
The Parties declare their readiness to encourage economic cooperation in mutually agreed terms and in accordance with their national policy objectives.
2. EFTA States provide technical assistance to the States of the SACU in order to:
3. The assistance of the EFTA States will be targeted on the sectors affected by the process of liberalisation and restructuring of the economies of the States of the SACU, as well as on the sectors that are expected to bring the economies of the EFTA States closer to the SACU states, in particular those generating growth and employment.
The Parties shall cooperate with the aim of identifying and using the most effective methods and means for the implementation of this Chapter. To this end, they coordinate their efforts with the relevant international organisations.
2. The preservation of the environment will be taken into account in the implementation of assistance in the various sectors concerned.
3. Assistance may include:
For the purpose of facilitating the implementation of this Agreement, the Parties shall agree on appropriate modalities of technical assistance and cooperation between their respective authorities. To this end, they coordinate their efforts with the relevant international organisations.
2. The assistance will cover specific targeted areas identified jointly by the Parties and which can be used to increase the capacity of the SACU States to benefit from increased international trade and investment, Including in particular:
3. Technical assistance in the areas covered by s. 2, let. C will be provided for issues such as capacity-building, infrastructure development, strengthening participation in international standards-setting activities and improving risk assessment.
4. The Government of Norway, in its capacity as Depositary under Art. 44, seeks to cooperate with the Secretariat of the SACU in order to develop within the SACU the capabilities required by all the functions of a depositary.
1. The implementation of this Agreement shall be under the supervision and administration of a Joint Committee. Each Party shall be represented on the Joint Committee. It will be co-chaired by an EFTA State representative and a representative of a SACU State.
2. In order to ensure the proper implementation of this Agreement, the Parties shall keep each other informed and, at the request of one of them, consult within the Joint Committee on any subject concerning the interpretation or The application of this Agreement. The Joint Committee may reconsider the possibility of removing additional obstacles to trade between the Parties.
The Joint Committee shall have the power to make decisions on the cases provided for in this Agreement. With regard to other matters, the Joint Committee may make recommendations to the Parties.
The first meeting of the Joint Committee shall take place no later than one year after the entry into force of this Agreement. Then, for the proper implementation of this Agreement, the Joint Committee shall meet, at the request of any Party, as often as necessary, but at least once every two years.
2. The Joint Committee shall decide by consensus.
3. If, within the Joint Committee, a representative of one of the Parties has accepted subject to constitutional requirements, that decision shall enter into force, if no later date, at the date of notification Establishing that the required constitutional requirements are met.
For the purposes of this Agreement, the Joint Committee shall establish its own rules of procedure, inter alia, including, inter alia, provisions relating to the convening of its meetings, the appointment of its Co-Chairs and the duration of their term of office.
The Joint Committee may decide on the establishment of sub-committees or working groups it deems necessary to assist it in the performance of its tasks.
The Parties shall take all necessary measures to ensure the fulfilment of their obligations under this Agreement. In the event of a divergence in the interpretation and application of this Agreement, the Parties shall, through cooperation and consultation, make every effort to arrive at a mutually acceptable resolution.
2. A Party may request in writing consultations with another Party concerning any measure in force or proposed or any other matter considered by the Party to affect the operation of this Agreement. The Party requesting consultations shall at the same time inform the other Parties in writing by providing them with all relevant information.
3. Consultations shall take place within the Joint Committee, if requested by a Party, within 20 days of receipt of the notification referred to in para. 2, with a view to finding a mutually acceptable solution.
If a Party considers that another Party has failed to fulfil an obligation under this Agreement and the Joint Committee has not reached a mutually acceptable solution within 90 days from the date of receipt of the request for consultations within Of the Joint Committee, the Party concerned may take appropriate and strictly necessary interim rebalancing measures to correct the imbalance. Priority shall be given to measures which are least disruptive to the functioning of this Agreement. The measures taken shall be notified immediately to the other Parties and to the Joint Committee, which shall hold regular consultations with a view to their elimination. The measures must be deleted where the conditions no longer justify their continuation or, if the dispute is referred to arbitration, when an arbitral award has been rendered and enforced.
Disputes between the Parties concerning the interpretation of the rights and obligations arising out of this Agreement, which could not be resolved in accordance with Art. 35 in the context of direct consultations or within the Joint Committee within 90 days, from the date of receipt of the request in writing, may be subject to arbitration by one or more Parties to the Dispute, upon written notification to the other Party of that other. A copy of this notification shall be communicated to all Parties.
(2) Disputes concerning the same subject matter which arise both under this Agreement and the WTO Agreement may be settled in the context of either proceeding, at the option of the requesting Party. The resulting enclosure shall be used to the exclusion of the other. Before initiating proceedings against another Party or other Parties in dispute settlement under the WTO Agreement, the requesting Party shall notify its intention to all other Parties.
3. The arbitral tribunal has three members. Each Party to the dispute shall appoint an arbitrator within 30 days from the date of receipt of the notification. The two arbitrators shall appoint, within 30 days from the date of the last appointment, a third arbitrator to be the Chairman of the arbitral tribunal. The President shall not be a national of either Party to the dispute and shall not reside permanently in the territory of either Party. If more than one EFTA State or more than one State of the SACU is a Party to the dispute, those Parties shall jointly appoint an arbitrator.
4. In the event that one or the other Party to the dispute fails to appoint its arbitrator or the appointed arbitrators fail to agree on the choice of a third member within the time allowed under para. 3, each of the Parties to the dispute may request the President of the International Court of Justice to make the necessary appointment.
5. The arbitral tribunal shall settle the dispute in accordance with the provisions of this Agreement and the customary rules of interpretation of international public law.
6. Subject to other provisions in this Agreement or in accordance with an arrangement between the Parties to the dispute, the Optional Rules for the Arbitration of Disputes between two Parties of the Permanent Court of Arbitration, in force since 20 October 1992, applies.
7. A Party that is not involved in this dispute may, on delivery of a written note to the Parties to a dispute, be permitted to receive written submissions from Parties involved in the dispute and may attend all hearings As an observer.
8. The arbitral tribunal shall take its decisions by a majority of the votes.
9. The costs of the arbitral tribunal, including the remuneration of its members, shall normally be borne equally by the Parties to the dispute. However, the arbitral tribunal shall have jurisdiction to decide that a greater proportion of the costs shall be paid by one of the Parties to the dispute, taking into account, inter alia, the different financial situations of the Parties involved.
10. This section does not apply to s. 15 or to chap. III and IV.
The Parties undertake to review this Agreement in the light of future developments in international economic relations, in particular within the framework of the WTO, to examine the possibility of developing and deepening cooperation Established by this Agreement and extend it to areas not covered by it. The Parties may entrust the Joint Committee with the consideration of such a possibility and, if necessary, make recommendations to them, in particular with regard to the opening of negotiations.
(2) Revisions, supplements or amendments to this Agreement resulting from the procedure referred to in s. 1 will be in accordance with the provisions of s. 40.
The Annexes to this Agreement are integral parts of this Agreement. The Joint Committee may decide to amend them, subject to the respective constitutional requirements of the Parties.
1. Any Party may submit proposals for amendment of this Agreement to the Joint Committee for the Appreciation and Approval of the Joint Committee.
2. Amendments to this Agreement, once approved by the Joint Committee, shall be submitted to the Parties for ratification, acceptance or approval in accordance with their respective constitutional requirements.
Unless the Parties otherwise agree, the amendments shall enter into force on the first day of the third month following the deposit of the last instrument of ratification, acceptance or approval.
4. The text of the amendments shall be deposited with the Depositary.
5. The amendment procedure provided for in this Article shall not apply to the amendment of the Annexes referred to in Art. 39.
(1) Any State which becomes a member of the European Free Trade Association or any State which becomes a member of the Southern African Customs Union may accede to this Agreement, in the terms and conditions of agreement between the Parties. The instrument of accession shall be deposited with the Depositary.
(2) In respect of a State which decides to accede to it, this Agreement shall enter into force on the first day of the third month following the deposit of its instrument of accession or, if it intervenes subsequently, on the date of approval of the terms of its accession by Existing Parties.
1. A Party may withdraw from this Agreement by written notification addressed to the Depositary. The withdrawal shall take effect six months after the Depositary has received the notification.
2. Any EFTA State withdrawing from the Convention establishing the European Free Trade Association ceases Ipso facto To be a Party to this Agreement on the same day that its withdrawal takes effect.
3. Any SACU State withdrawing from the Southern African Customs Union ceases Ipso facto To be a Party to this Agreement on the same day that its withdrawal takes effect.
4. If all the EFTA States withdraw or if the SACU withdraws in accordance with the first subparagraph, this Agreement shall expire.
This Agreement shall be subject to ratification, acceptance or approval in accordance with the respective constitutional requirements of the Parties. Instruments of ratification, acceptance or approval shall be deposited with the Depositary.
2. Any EFTA State or any State of the SACU may, if its constitutional rules permit it, apply this Agreement provisionally. The provisional application of this Agreement under this paragraph shall be notified to the Depositary.
3. This Agreement shall enter into force on 1 Er July 2006, provided that all Parties have deposited with the Depositary no later than one month prior to that date, their instruments of ratification, acceptance or approval, or notification of the provisional application.
4. If this Agreement does not enter into force on 1 Er July 2006, it will enter into force on the first day of the second month following the date on which the last Party has deposited its instrument or notified its provisional application.
The Government of Norway shall act as Depositary.
2. An original copy of this Agreement shall be deposited in the SACU Secretariat.
3. The SACU Secretariat will coordinate the measures taken by the SACU States according to the terms of art. 40 to 43.
In witness whereof , the undersigned, duly authorized to that effect, have signed this Agreement.
Done in two originals in English, one of which shall be deposited with the Government of Norway and the other shall be deposited with the Secretariat of the SACU. The Depositary shall transmit certified copies to all Parties.
(Suivent signatures)
Table of Contents
Objectives Art. 1
Commercial and economic relations governed by this Agreement Art. 2
Scope of geographical scope Art. 3
Relationship with other international agreements Art. 4
Preferential agreements with third countries Art. 5
Scope Art. 6
Rules of origin and administrative cooperation Art. 7
Customs duties Art. 8
Basic Rights Art. 9
Import and Export Restrictions Art. 10
National Treatment Art. 11
State Trading Enterprises Art. 12
Technical Regulations, Standards and Conformity Assessment Art. 13
Sanitary and phytosanitary measures Article 14
Competition Art. 15
Grants Art. 16
Anti-dumping measures Art. 17
Global Safeguards Art. 18
Emergency measures for the importation of specific products Art. 19
Agricultural safeguard measures Art. 20
Exceptional measures in case of structural adjustment Art. 21
Balance of payments difficulties Art. 22
General exceptions Art. 23
Exceptions to security Art. 24
Special treatment for Botswana, Lesotho, Namibia and Swaziland Art. 25
Intellectual Property Rights Art. 26
Services Article 27
Investments Art. 28
Public procurement Art. 29
Objectives and scope Art. 30
Methods and means Art. 31
Areas of cooperation Art. 32
The Joint Committee Art. 33
Procedures of the Joint Committee Art. 34
Consultations Art. 35
Provisional measures Art. 36
Arbitration Art. 37
Scalable Clause Art. 38
Annexes Art. 39
Amendments Art. 40
Accession Art. 41
Withdrawal and expiration Art. 42
Entry into force Art. 43
Depositary Article 44
| Annex I |
Referred to in Paragraph 2 of Article 3-Territorial application |
| Annex II |
Referred to in Paragraph 1 (a) of Article 6-Products not covered by the Agreement |
| Annex III |
Referred to in Paragraph 1 (b) of Article 6-Processed agricultural products |
| Table to Annex III |
|
| Annex IV |
Referred to in Paragraph 1 (c) of Article 6-Fish and other marine products |
| Annex V |
Referred to in Paragraph 1 of Article 7-Concerning the definition of the concept of "originating products" and methods of administrative co-operation |
| Appendix 1 to Annex V-Introductory notes to the list in Appendix 2 |
|
| Appendix 2 to Annex V-List of working or processing required to be carried out on non-originating materials in order that the product manufactured can obtain originating status |
|
| Appendix 3 to Annex V-Specimens of movement certificate EUR 1 and application for a movement certificate EUR 1 |
|
| Annex VI |
Referred to in Paragraph 2 of Article 7-Mutual administrative assistance in customs matters |
| Annex VII |
Referred to in Paragraph 3 of Article 8-Customs duties on imports into SACU |
| Table 1 to Annex VII-Market access provided by SACU on products falling within Chapters 25 to 98 |
|
| Table 2 to Annex VII-Market access provided by SACU on processed agricultural products |
|
| Annex VIII |
Industrial products under ITAC investigation |
| States Parties |
Ratification |
Entry into force |
||
| South Africa |
14 May |
2007 |
1 Er May |
2008 |
| Botswana |
21 December |
2006 |
1 Er May |
2008 |
| Iceland |
29 January |
2007 |
1 Er May |
2008 |
| Lesotho |
September 25 |
2007 |
1 Er May |
2008 |
| Liechtenstein |
2 May |
2007 |
1 Er May |
2008 |
| Namibia |
21 November |
2007 |
1 Er May |
2008 |
| Norway |
24 November |
2006 |
1 Er May |
2008 |
| Switzerland |
April 25 |
2007 |
1 Er May |
2008 |
| Swaziland |
11 October |
2007 |
1 Er May |
2008 |
1 Translation of original English text.
2 Art. 1 al. 1 let. A of March 12, 2007 ( RO 2008 2309 ).
3 See RS 0.632.20
4 RS 0.120
5 These documents are not published in the OR or the NCR. They are available in English only and are available on the EFTA website http://www.efta.int/free-trade/free-trade-agreements/sacu/ the following address: http://www.efta.int/free-trade/free-trade-agreements/sacu/
