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'T"}iA..J PROTOCOL VIII PROTOCOL AMENDING THE TREATY ESTABLISHING THE CARIBBEAN COMMUNITY ( COMPETITION POLICY, CONSUMER PROTECTION, DUMPING AND SUBSIDIES) PREAMBLE Commuuity (hereinafter The States parties referred to the Treaty Establishing to as "the Member States"): the Caribbean Noting that competition of the integration has become more important of the liberalisation and the arrangements policy with the deepening markets of the Region; Aware that the benefits of the CAR/COM Single Market and Economy (CSME) may be frustrated by anti­ competitive restrict, or distort competition.
conduct whose object or effect is to prevent, from the establishment expected business establishment Determined and enforcement to promote and maintain of applicable laws and rules.
competition through the Determined further to promote consumer interest and welfare; Conscious by Member States and the practice of dumping could have an adverse impact on the promotion and development in the CSME; of competition that the provision of subsidies Convinced that the application and convergence of competition authorities of national in the competition Community policies would promote the objectives and the cooperation of the CSME, Have Agreed as follows: PART/ PRELIMINARY ARTICLE I Use of Terms 1.
In this Protocol, unless the context otherwise requires: 2 "anti-competitive assigned to it in ArUcle 30(i); business conduct" has the meaning means any activity "business" in the course of which goods manufactured or supplied; carried on for gain or reward or or services are produced, "Commission" established by Article 30(c): means the Competition Commission "Community" Economy to be established the Caribbean replacing the CAR/COM Single Market and amending or to the Treaty; Common Market Annex by the Protocols includes "Community Council "the Community Council") so named in Article B (1) of the Treaty; of Ministers" means the Organ of the Community (hereinafter to as referred "competent to petform a function; authority" means the authority legally authorised "Conference" of the Community; means the Conference of Heads of Government for Trade and Economic Development "Council means the Organ of the Community of the Treaty, the interim deemed to include to Rule 34 of the Rules of Procedure of the COTED; and for the purposes Committee of this Protocol shall be established so named in (COTED)" Article 6(2)(a) pursuant "Court" means the Court established Agreement Establishing by Article /fl of the the Caribbean Cowt of Justice; means any person or type of organisation "enterprise" involved provision in the producUon of or the trade in goods, or the of services (other than a non-profit organisation); "goods" means aff kinds of property other than real or choses in action; money, securities property, Judicial "Regional the Commission Establishing and Legal Services Commission" means established by Article V of the Agreement the Caribbean Court of Justice; "rules of competition" 30(i), 30(h) pursuant to Article 30(b) 1 ( a)(i); and 30(k) of this Protocol includes the rules set out in Articles and any other rut es made "Secretary-General" Community; means the Secretary-General of the 3 means services "services" other than wages in an approved services" means the supply of services: provided against sector and "the
 provision remuneration of (a) from the territory of one Member State into the territory of another Member State; (b) in the territory of another consumer Member State; of one Member State to a service (c) by a service supplier of one Member State through commercial presence State; and in the territory of another Member (d) by a service supplier of one Member State through the persons of a Member State in the presence territory of natural of another Member State; includes "subsidies" the subsidies Protocol IV -Trade Policy and shall apply only in relation goods; set out in Schedule V of to "trade" includes any business, occupation services; to the supply or acquisition profession or of goods or industry, relating signed at Chaguaramas "Treaty" means the Treaty Establishi Community and includes provisionally Treaty") .. any amendments or definitively (hereinafter thereto on the 4th day of July 1973 effect either which take referred to as "the ng the Caribbean 2.
Where in this Protocol there is a requirement for notification to be given.

such notification shall be in writing.
ARTICLE II Amendment Replace Articles 19 and 30 of the Caribbean Common Market Annex to the Treaty with the following: Article 30 Scope of Parts /, II and Ill The rules of competition shall not apply to - (a) combinations or activities of employees for their own reasonable protection as employees; (b) arrangemen employers and conditions ts for collective bargaining for the purpose of fixing on behalf of terms or employees of employment; 4 ( c) business notified conduct within the meaning of Article 30(i) duly to the COTED in accordance with Article 30(b); (d) negative clearance rulings within within the meaning of Articles the meaning of Article 30(m) 30(1) or exemptions and 30(0); (e) activities of professional develop or enforce professional competence the public and approved by the Commission.
associations reasonably designed to standards necessary for the protection of of Obiectives of Community Competition Policy Article 30(a) 1..

The goal of the Community Competition from the establishment Policy tt1at the benefits expected Market and Economy (CSME) are not frustrated by anti-competitive business conduct.

of the CAR/COM Single shall be to ensure 2.
In fulfilment of the goal set out in paragraph 1 of this Article, the Community shall pursue the following objectives: (a) promote and maintain competition efficiency in production, economic trade and commt3rce; and enhance to the Treaty, which prevents, (b) subject conduct or which constitutes the market; prohibit anti-competitive or distorts competition business restricts the abuse of a dominant in position (c) promote consumer welfare and protect consumer interest;.
Article 30(b) Implementation of Community Competition Policy 1.

In order to achieve the objectives of the Community Competition Policy, (a) the Community shall: (i) subject to the Treaty, norms and institutional and penalise establish arrangements business anti-competitive appropriate to prohibit conduct; (ii)establish and maintain information systems to enable enterprises informed the CSME; and consumers to be kept about tfle operation of markets within 5 (b) Member States shall: (!)
take the necessary legislative and compliance and provide penalties ensure consistency rules of competition business anti-competitive with the for measures to conduct; (ii) provide for the dissemination of relevant information to f aci/itate consumer choice; (Iii) establish and maintain and administrative competition laws; institutional procedures to enforce arrangements (iv)take effective nationals enforcement an equitable, basis measures to ensure access by of other Member States to competent authorities transparent including and non-discriminatory the courts on .
2.

A Member State shall establish for the purpose of facilitating and maintain the implementation a national of the competition rules of competition.

authority 3.
authority 3.

A Member State shall require its national competition authority to: (a) co-operate compliance with the Commission in achieving with the rules of competition; (b) " any allegations investigate conduct Commission being a/legations or another referred Member State of anti-competitive to the authority business by the (c) cooperate the detection business relating conduct, to such conduct.
with other national and prevention competition authorities in of anti-competitive and the exchange of information 4.

Nothing in this Article shall be construed as requiring a Member information, confidential to the public interest State to disclose prejudicial enterprises, public in the course of an investigation shall which it was provided.
Confidential be treated of which would be of information disclosed on the same basis as that on or to the legitimate or proprietary the disclosure commercial interests or private.

5.

Within 24 months of the entry into force of this Protocol, Member agreements and of this Protocol.

with the provisions legislation, inconsistent practices States shall notify the COTED of existing administrative Within 36 months of entry info force of this Protocol, a programme administrative providing practices.
for the termination of such legislation, the CO TED shall establish and agreements G PART II COMPETITION COMMISSION Establishment Article 30 (c) of the Competition Commission For the purposes of implementation there is hereby estab/is/Jed of the Community Commission Policy, called "the Commission") a Competition having t/Je composition, functions and Competition (hereinafter flowers hereinafter set forth.

Article 30(d) Composition of the Commission •• 1.


The Commission Judicial The Regional Judicial comprise and Legal Services �Commission seven members appointed to se,ve on t/1e sl1all and Legal Services Cornmission slw/1 by from among the members so appointed.

the Chairman and Members of the Commission shall be Notwithstanding by Conference on the recommendation the Caribbean Establishing of the COTED as long as the Court of Justice are less to the Agreement tlw Regional Commission.
appoint a Chairman the foregoing, appointed Parties than seven.

2.

The Commission shall comprise in comnu;rce, persons, economics, trade and such other areas of expertise having law, competition collectively finance, or international or experience expertise policy and practice, experience as may be necessary.

3.
3.

A Commissioner shall be appointed for a term of five years and such appointment years as determined may be renewed for a further by the Regional Judicial period of not more than five and Legal Services Commission.

4.

A Commissioner may be removed from office only for inability to perform the functions of his office or for misbehaviour.

5.

A Commissioner and Legal Services Commission of all the Members of the Commission.
Judicial quarters shall be removed only on the vote of the that represents not less than t/Jrce­ 6.

A Commissioner by writing may at any time resign the office of to the Chairman of the under his hand addressed Commissioner Judicial and Legal Services Commission.

7.

A Commissioner shall not enter upon the duties of the office and unless he has taken and subscribed before the Chairman Legal Services Commission, Protocol.
of the Judicial the Oath of Office set out in Annex V to this 7 Article 30(e) Functions of the Commission 1.

The Commission shall: (a) apply the rules of competition competitive cross-border business in respect of anti­ conduct; (b) promote competition in the Community and co-ordinate of the Community Competition the implementation Policy; and (c) perform any other function conferred on it by any competent body of the Community.

2.
In discharging the functions 1, the set out in paragraph Commission shall: (a) monitor anti-competitive practices operating cross-border disputes; in the CSME, and investigate of enterprises and arbitrate (b) keep the Community Policy under review to the CO TEO and advise and make recommendations to enhance its effectiveness; Competition (c) promote the establishment and implementation of institutions and the of harmonised development competition achieve uniformity rules; laws and practices by Member States to in the administration of applicable (d) review the progress implementation for enforcement; made by Member States in the of the legal and institutional framework (e) co-operate with competent authorities in Member States; (f) provide support to Member States in promoting and protecting consumer welfare; (g) facilitate expertise; the exchange of relevant and information and (h) develop and disseminate information about competition policy, and consumer protection policy.
3.

The Commission as it thinks fit, delegate may, by directions in writing any of its funcf;ons to one or more of and subject to such conditions its members.

8 Article 30(() Powers of the Commission respect monitor, penalise restricts 1.

Subject of cross-border detect, investigate, enterprises whose business or distorts to Articles transactions competition within the CSME.
may, in 30(g) and 30(h), the Commission effects, with cross-border and or take action to inhibit or transactions make determinations conduct prejudices trade or prevents, 2.

The Commission may, in accordance with applicable national laws, in the conduct of its investigations: (a) secure the attendance of any person be{ore it to give evidence; (b) require the discovery or production of any document or part thereof; and (c) take such other action as may IJc necessary of the investigation.

furtherance in 3.
furtherance in 3.

The Commission regarding and other related determinaUons of competition the compatibility conduct with the rules provisions of business of the Treaty.

may, on the basis of its investigations, make 4.
The Commission shall, penalise business anti-competitive conduct to the extent required to in Article to remedy or 30(1): referred (a) order the termination or nullification as the case may activities or decisions require, prohibited by Article 30(i); of agreements, conduct, business to cease and desist from anti­ (b) direct the enterprise and to take such steps as conduct competitive are necessary to overcome the errects or abuse of its dominant in the market, conduct inconsistent competiUon with the principles set out in this Protocol; position or any other business of fair ( c) order payment of compensation to persons affected; and (d) impose fines for breaches of the rules of competition.
5.

The Commission of services as may be necessary for the efficient may enter into such arrangements of its performance for the provision functions.

6.

Member States shall enact legislation to ensure that determinations of the Commission are enforceable in their jurisdictions.

7.

The Commission may establish its own rules of procedure.

Article 30(g) Determination of Anti-Competitive Procedure of Commission Business Conduct: on Request referred to in 1.
A Member State may request an investigation that business trade and Member State prejudices 1 of Article 30(f) where it has reason to believe in another located paragraph conduct prevents, restricts Member State.

by an enterprise or distorts competition in the territory of the requesting 2.
Where the COTED has reason to believe in the CSME prejudices trade and prevents, conduct restricts or that business competition the COTED may request within the CSME and has or is likely an investigation referred to in paragraph 1 of to have cross-border by an enterprise distorts effects; Article 30(().

3.

Requests sufficient disclose assessment under paragraphs 1 and 2 shall be in writing and shall information for the Commission to make a preliminary whether it should proceed with the investigation.

4.
4.

Upon receipt shall consult Commission basis of such consultations whether: of a request mentioned 3, the in paragraph on the parties and shafl determine with the interested (a) the investigation Commission; and is within the jurisdiction of the (b) the investigation is justified in all the circumstances of the case.

5.

The consultations shall be concluded within 30 days of the date of receipt the consultations for a longer period.
of the request for investigation, unless the parties agree to continue 6.

Where the Commission decides to conduct the investigation, the Commission shall: (a) notify the interested parties and the COTED; (b) complete of receipt the investigation of the request within for the investigation; and 120 days from the date (c) where the circumstances so warrant, extend the time and notify the of the investigation period for completion interested Parties.

7.
7.

Where the Commission decides to conduct an enquiry following of the shall afford any party complained an investigation, the Commission opportunity to defend its interest.

10 8.

At the conclusion of an enquiry, the Commission the shall notify interested parties of its determination.

9.

Where the Commission determines that a party has engaged in anti-competitive business action necessary to remove the conduct.
conduct, to take the it shall also business effects of the anti-competitive the party require 10.

Where a specific course under paragrap/J of action is required the appropriate 9, the enterprise concerned shall take 30 days of the date of notification.

and request the Commission it shall notify If the concerned an extension.

course of action within enterprise cannot comply, 11.

If the enterprise and fails to inform the Commission, an order.
cannot comply within the Commission may the time period specified apply to the Court for 12.

A party which is aggrieved by a determination of the Commission under paragraph review of that determination.

4 of Article 30(() in any matter may apply to the Court for a Article 30(h) Determination Procedure Business of Anti-Competitive Proprio Motu of Commission Conduct: 1.
Where the Commission by an enterprise conduct or distorts competition Commission shall request preliminary examination in the CSME prejudices restricts, within the CSME and has cross-border the effects, to undertake a national trade and prevents, the competent authority of the business conduct of the enterprise.

has reason to believe that business 2.

Where a request is made under paragraph authority witl1in shall examine the matter and report its findings such time as may be determined by the Commission.
1, the national to the Commission 3.

Where the Commission may initiate the Commission conduct of the enterprise request, /Jusiness its own preliminary referred to in paragraph 1. is not satisfied with the outcome of its into the examination 4.

Where the findings investigation, of the preliminary the Commission examination and the Member under pDragraphs 2 and 3 require State concerned shall hold consultations have jurisdiction to investigate.

to determine and agree on who should 5.


If there is a difference of opinion the Member State regarding the jurisdiction the nature and effects of the business shall: the Commission of the investigating authority, between the Commission conduct or and (a) cease any further examination of the matter; and (b) refer the matter to the COTED for its decision.

11.

6.

Nothing in this Article the right of the Member shall prejudice before the Court at any time.

State to initiate proceedings 7.


Where there is a finding that the Commission to the procedures has jurisdiction set out in investigate paragraphs the matter, 5, 6, 7 and 8 of Article the Commission 30(g).

shall follow PART Ill RULES OF COMPETITION Article 30(i) Prohibition of Anti.Competitive Business Conduct 1.
A Member State shall, within its jurisdiction, prohibit as being anti-competitive business conduct, the following: (a) agreements between enterprises, ns of enterprises, and concerted decisions by practices by associatio enterprises prevention, the Community; which have as their object or effect the restriction or distortion of competition within (b) actions position by which an enterprise abuses its dominant within the Community; or {c) any other like conduct by enterprises whose object or effect is to frustrate establishment of the CSME.
the benefits expected from the 2.

�nti-competitive business 1 includes the following: paragraph conduct within the meaning of (a) the direct or indirect fixing of purchase or selling prices, (b) the limitation investment or technical development, or control of production.
markets, (c) the artificial dividing up of markets or restriction of suppfy sources, (d) the application undertaking transactions disadvantage; of unequal conditions equivalent engagements thereby pf acing them at a competitive to parties in commercial (e) making the conclusion of a contract by the other party to the contract subject to the of acceptance additional to commercial subject matter of the contract; obligations which, by their nature or according practice, have no connection with the 12.
(f) unauthorised denial of access lo networks or essential infrastructure; (g) predatory pricing; (h) price discrimination; (i) loyalty discounts or concessions; U) exclusionary vertical restrictions; and (k) bid-rigging.

3.

Subject to Article 30, a Member State shall ensure that all agreements shall be null and void within and decisions within the meaning of paragraph 1 of this Article its jurisdiction.

4.
An enterprise shall not be treated as engaging competitive business conduct if it establishes that the activity complained in anti- of: (a) contributes to: (i) the improvement goods and services; or of production or distribution of (ii)the promotion of tee/mica/ or economic progress; while allowing consumers a fair share of the resulting benefit; (b) imposes on the ente1prises affected restrictions objectives as are indispensable mentioned i11 sub-paragmph (a); or to the attainment only such of the (c) does not afford the ente1prise of eliminating engaged in the activity the in respect of a competition pat1 of the market for goods or services possibility substantial concerned.
Article 30U) Determination of Dominant Position For tlle purposes of this Protocol: (a) an enterprise holds a dominant in a market if by with an interconnected strength itself or together occupies enable it to operate in the market without or potential from its competitors constraints such a position of economic position as will effective competitors; company, it (b) any two companies companies both of them are subsidiaries company.
shall be treated if one of them is a subsidiary of the other or of the same parent as interconnected 13.

Article 30(k) Abuse of a Dominant Position 1.
Subject to paragraph 2 of this Article, in a market if it prevents, restricts an enterprise abuses its in or distorts competition of the to the generality prejudice dominant position the market and, in particular but without foregoing, it: (a) restricts the entry of any enterprise into a market; (b) prevents or deters any enterprise from engaging in competition in a market; (c} eliminates or removes any enterprise from a market; (d) directly or indirectly prices or other restrictive imposes unfair practices; purchase or selling (e) limits the production of goods or services for a market to the prejudice of consumers; (f) as a party to an agreement, makes the conclusion subject such agreement of supplementary according to commercial the subject of the agreement; to acceptance obligations which, by their nature or by another usage, have no connection with of party (g) engages in any business exploitation of its customers or suppliers, in the conduct that results so as to frustrate the benefits expected from the establishment of the CSME.
2 In determining dominant position, whether an enterprise consideration shall be given to: has abused its (a) the relevant market defined in terms of the product and context; the geographic (b) the concentration level before and after the relevant of the enterprise activity sales volume, the value of assets and the value of the transaction; measured in terms of annual (c) the level of competition among the participants in terms and capacity production of number of competitors.
product demand; (d) the barriers to entry of competitors; and (e) the history of competition and rivalry between participants in the sector of activity.

14.

3.
14.

3.

An enterprise that: if it is established position shall not be treated as abusing its dominant was directed in the production, (a) its behaviour efficiency goods or services or to promoting progress and that consumers of the resulting benefit; exclusively provision to increasing or distribution of technical or economic a fair share were allowed (b)the enterprise a right under or existing registered by viltue trade mark or design; reasonably enforces or seeks to enforce patent.
of a copyright, or (c) the effect or likely effect of its behaviour on the market is the result enterprise concerned.

of superior competitive of the performance Article 30(1) Negative Clearance Rulings 1.

In any case where is prohibited business conduct State may apply to the Commission Commission 30(1).

Article determines it shall issue a negative clearance to tflis that such conduct is not prohibited for a ruling on the matter.

If the by paragraph 1 of effect.


ruling a Member State is uncertain whether such a Member by paragraph 1 of Article 30(i).

2.

A negative clearance ruling sl1a/l be conclusive of the matters slated therein in any Judicial proceedings in the Community.

Article 30(m) De Minimis Rufe The Commission conduct referred to it if it of this Part that tl1e impact of such may exempt from the provisions considers any business conduct on competition and trade in tl1e CSME is minimal.
Article 30(n) Powers of the COTED Respecting Policv and Rules Competition Communitv Subject appropriate policies sectors.

special rules for particular to the Treaty, and rules of competition establish the COTED shall develop and including within the Community Article 30(0) Exemptions 1.
Where the COTED determines, rules shall apply to specific of Article sectors 30(i) to such sectors pursuant of the Community, 30(n), that it may suspend pending adoption the application to Article of special or exclude the relevant rufes.

15.

2.

The COTED may, on its own initiative or pursuant to an application application enterprises by a Member State in that behalf, exclude or suspend the or group of of At1icle in the public interest.
30{i) to any sector or any enterprise PART JV DUMPING AND SUBSIDIES Article 30(p) Determination of a Subsidy if there is a financial territory For the purposes contribution of this Pat1, a subsidy by a Government shall be deemed to exist or any public the body within as "government") where: of a Member State (hereinafter referred to (a) a government practice involves direct transfer loans and equity infusion) of funds or potential (e.g., loan of funds or liabilities grants, (e.g., direct transfer guarantees); (b) government not collected revenue that is otherwise (e.g., incentives, fiscal due is foregone or such as tax credits); (c) a government purchases services other than general goods or provides goods or or infrastructure; (d) a government makes payments to a funding or directs mechanism, conduct of activities (b)and (c) which are normally governments; or entrusts mentioned or in sub-paragraphs conducted (a), by to a private body the (e) there is any form of income or price suppot1, and a benefit is thereby conferred.
Article 30(p)(bis) Types of Subsidies 1.

Member States may take action products from a subsidy from another 30(p) the meaning of At1icle against within Member State which benefit being (a) a prohibited subsidy; (b) a subsidy which: (i)causes injury to a domestic industry; or 16.
(ii)results in nullification or impairment of benefits accruing directly State; or or indirectly to any Member (iii) seriously State; or prejudices the interests of any Member (c) a subsidy which causes serious adverse effects to a domestic cause damage which would be difficult industry of any Member State such as to to repair: Provided enterprises that the subsidy is specific to an enterprise or industry or group of or industries within the jurisdiction of the granting Member State.

2.
For the purpose of this Protocol as defined in Article 30(p) is specific a determination of whether a shall be governed by the following subsidy winciples: (a) in order to determine whether a subsidy referred 1 of this Article is specific or group of enterprises paragraph industry in this Protocol jurisdiction shall apply: principles as "certain of the granting to in to an enterprise or (referred to or industries enterprises") within the authority, the following (i) where the granting authority, or the legislation pursuant to which the granting operates, certain spefific; explicitly limits enterprises, such a subsidy shall be access to a subsidy auth,ority to (ii) where the granting authority, or the legislation pursuant to which the grantiny authority operates, establishes objective criteria or conditions governing the eligibility for, and the amount of, a subsidy, provided that the eligibility such criteria to.
The criteria spelled out in law, regulation, document, not exist, and that are strictly adhered must be clearly or other official of verification; so as to be capable and conditions or conditions specificity shall is automatic (iii)if, notwithstanding any appearance resulting from the application laid down in sub-sub-paragraphs of non­ of the (i) there are reasons to believe specificity principles and (ii), subsidy may in fact be specific, may be considered.
subsidy programme by a limited certain predominant enterprises, large amounts of subsidy and the manner in which discretion enterprises, the granting Such factors that the other factors are: use of a number of use of cerlain of disproportionately to certain enterprises, has been 17. account by the granting to grant a subsidy In applying authority in the this sub­ exercised decision paragraph, of diversification of economic jurisdiction the length of time during which the subsidy programme the activities within as well as of has been in operation; shall be taken of the extent of the granting authority, (b) to certain enterprises located which is limited of the granting geographical authority a subsidy within a designated jurisdiction is understood applicable to do so shall not be deemed to be a specific of this Protocol; the purposes that the setting tax rates by all levels or change of generally entitled of government for subsidy region within the It shall be specific.
(c) any subsidy falling 30(p)(quater) shall be deemed to be specific; under the prov1st0ns of Article (d) any determination of specificity under the provisions of substantiated on the basis of this Article shall be clearly evidence.

positive Article 30(p)(ter) to Take Action Entitlement Against Subsidised Products 1.
A Member State may take action against subsidised products where: (a) the products have benefitted from a prohibited subsidy; (Q) the subsidy is specific to in Article 30(t); and referred and has caused any of the effects (c) the subsidy provisions is specific of Article 30(z).

and does not conform to the 2.
Notwithstanding action against referred 1, a Member State to be which are believed to in Article 30(p)(bis)) the provisions of paragraph if the Member State products shall not take definitive benefitting aggrieved thereby from subsidies has not: (a) promulgated legislation to permit the introduction of counter measures or countervailing subsidised imports; duties against (b) consulted with the Member State which is alleged to subsidies or to be maintaining have introduced identified in Article 30(p)(bis); (c) notified the COTED of the alleged subsidisation based on preliminary and investigations and failure of consultations; 18.
(d) authorisation from the COTED to introduce received countervailing a definitive subsidies prejudice duties or countermeasures as a result of of prohibited determination which cause nullification, or adverse effects caused by subsidisation.

of the existence impairment, serious 3.

Consultations for the purposes of this Part shall follow the procedures set out in Annex II to this Protocol.

Article 30(p}(quater) Prohibited Subsidies 1.


Subject to the Treaty, a Member State shall neither grant nor maintain subsidies referred to in paragraph 2.

2.
2.

The following subsidies within the meaning of Article 30(p)(bis) shall be prohibited: (a) subsidies contingent, in law or in fact, whether solaly upon export as one of several other conditions, performance, Protocol IV -Trade Policy; including those listed in Schedule 5 of and or (b) subsidies contingent, whether solely or as one of several other conditions, imported goods.

upon the use of domestic pver 3.


Nothing in this Article shall be construed as applying to agricultural commodities produced in the Community.

Preliminary Article 30(p)(quinquies) Investigation of Prohibited Subsidies for an investigation 1.

An application on behalf of a domestic industry fl;:is reason to believe that a prohibited su/Jsidy /Jy another 30(p)(quater) and determine, autl1ority available.

whether to initiate shall examine the application an investigation.
has been granted or maintained to its competent authority where referred by or the industry to in Article may be made in writing on the basis of the facts Mem/Jer StAte.

Tiie 2.

An investigation initiated pursuant shall be deemed to be a preliminary public notice of the preliminary investigation State, other Member States and of forded adequate time to submit information investigation.
the interested required and parties aff of whom shall be to paragraph 1 of this Article shaff give to inform the concerned Member The authority to make comments.

3.

The authority shall make a preliminary subsidy has - been granted or maintained determination and, where the whether a the concerned Member States and interested prohibited determination parties is affirmative, to defend their interests.

invite 19.

4.

Wherever it shall mean domestic investigation or 30( aa) be accompanied by 111{a).
by the domestic the term "domestic industry as defined in Annex 1 A request for industryn is used in this Protocol, industry information under this Article or under Article 30(u) set out in the Illustrative List at Annex Article 30(p)(sex) Relating Request for Consultations Subsidies to Prohibited 1.
Whenever a Member State 30(p)(quater) has reason to believe, pursuant to that a prohibited subsidy has been granted or is or any other Member State may or to be granting notify the CO TED with the Member State believed Member State shall the aggrieved The aggrieved by a Member State, Article maintained request consultations maintaining of the request statement the alleged prohibited of the available the subsidy.

subsidy.

for consultations.


A request for consultations shall include and nature of a evidence with regard to the existence for consuftations of a request to be granting or maintaining information shall be concluded 2.
Upon receipt believed the Member State within 1 O days and shall furnish the relevant promptly enter into consultations which date of request consuftations be to clarify and to arrive at requested within 30 days of the for such consultations unless the parties agree to extend the under paragraph shall reply and shall to a mutually the facts relaUng a mutually agreed solution.

and type of the alleged agreed date.


The purpose of the consultations shall subsidy to the existence the subsidy 1, Reference Article 30(q) to COTED to Investigate Prohibited Subsidies 1.
If "o mutually agreed solution is reached at the completion of 30 referred to in Article or at such time as the parties agree, or if the Member State the subsidy or any other Member State interested for the consultations consultations or maintaining to co-operate, refuses the to be granting days from the date of the request 30(p}(sex).

believed Member State requesting in such consultations an investigation subsidy.
to establish whether the subsidy in question is a prohibited may refer the matter to the COTED which shall carry out 2.

The referral the aggrieved of the matter to the CO TED for an investigation not prevent Member State from taking, which shall not be sooner than 60 days from the date of initiation investigations to forestall shall on a provisional basis, of under paragraph 1 of Article 30(p)(quinquies), countermeasures industry.
further injury injury or to prevent to its domestic Article 30(r) Investigation Prohibited by COTED of Subsidies 1.

Whenever the COTED decides to carry out an investigation to Article pursuant expeditiously 30(q), such an investigation The COTED may appoint by the COTED shall proceed as to as possible.
competent experts 20. falls to be classified advise i,vt1ether the subsidy which case the COTED shall set a time limit for the examination by the competent its report which shall, days from the date of receipt unless extenuating of request arise, circumstances experts.

The COTED shall make its detennination for the investigation.

subsidy, of the evidence as a prohibited not exceed 90 and issue in 2.
The results carried of an investigation out pursuant to Article 30(q) shall be made available the concerned Member States an opportunity solution CO TED shall adopt the recommendations within 30 days from the date of issue of the report failing which to arrive at a mutually agreed the to all Member States for information and to afford of the report.
3. ff the COTED is satisfied, based on the results of the in question that the subsidy investigation, concerned Member States cannot reach a mutua/fy subject a specified subsidy to comply, the COTED shall authorise counter-measures to Article 30(s), require the offending within on the products which benefit time-frame.

the aggrieved is a prohibited subsidy and t/Jat the it shall agreed solution, Member State to withdraw the Where the offending Member State fails from suc/J a subsidy.
Member State to take Withdrawal Subsidies Article 30(s) of ProMbited 1.
Notwithstanding the investigation 3 of Article 30{r), for Member States to withdraw the existence confirming the COTED shall not impose such a subsidy sooner than in paragraph of a subsidy prohibited a requirement specified in this paragraph as follows: {a) with respect to subsidies contingent upon expor1 performanc_e: (i) Member States with per capita GNP of fess than shall be one thousand allowed United States dollars such subsidies; to maintain and (ii)other Member States shall be allowed to such subsidies until 1 January 2003; maintain (b) contingent to subsidies over imported with respect domestic capita GNP of less than one thousand dollars 2003. shall be allowed to maintain United States until such subsidies inputs, Member States upon tho use of with per 2.
Whenever the results of an investigation by the COTED prove as the case may be.

If the provisional is not a prohibited subsidy, any provisional any bond or deposit that the alleged subsidy countervailing measures withdrawn and or refunded, paragraph wrongfully COTED shall, of the provisionally applied compensation cJCcordance have materially alleged to have introduced upon application measures with its assessment.
retarded which might have been effected, which might have been imposed shall be promptly released to in this the exports of the Member State wliich was the measures referred prohibited or maintained from such a Member State, and determine subsidies, assess the effects the nature and extent of which is warranted and recommend compensation in 21.

3.
3.

From the date of entry· into force of this Protocol until the measures 1, no provisio'7al shall of the dates mentioned expiration be imposed where it has been determined by preliminary are maintained.

prohibited in paragraph subsidies investigations that Article 30(t) Subsidies Causing lniurv.
Nullification, Impairment or Serious Preiudice A Member State may take action against from any other Member State where it can be established, investigation, that the effect of the subsidy has been: subsidised based on an imports (a) injury to its domestic industry; (b) nullification or impairment of benefits which it expects under this Treaty; or (c) serious prejudice to its interests.

2.
Serious prejudice shall be deemed to exist in the case of: (a) the total ad valorem subsidisation ofa product exceeding 5 per cent; (b) subsidies to cover operating losses sustained by an industry; (c) subsidies to cover operating losses sustained by an and cannot be repeated for that enterprise other than one-time measures which are enterprise, non-recurrent and which are given merely to provide time for the development social problems; of long-term soluUons and to avoid acute or (d) forgiveness of government-held debt and government grants to cover debt repayment .
3.

Notwithstanding the provisions of this Article, serious shall not be found if the Member State granting demonstrates that the effect of the subsidy has not been: the subsidy prejudice in question (a) to displace or impede the imports of like to the from the Member State exporting or maintains products Member State which has introduced the subsidy; (b) to displace or impede the exports of a like product from the affected exporting Member State into the market of a third Member State; 22.
(c) a significant price undercutting by the subsidised product as compared with product market or a significant depression; of another Member State in the same or price price suppression the price of a like (d) lost sales of another Member State in the same market; or (e) an increase in its market share within the CSME.

4.

The provisions of this Article shall not apply to Part V. Preliminary of Subsidies Causing lniurv.

Nullification, or Serious Preiudice Arl.icle 30(u) Investigation Impairment 1.
An application on behalf of a domestic reason to believe is maintained by another nullification, impairment that a subsidy Member State and has caused injury, to its interests.

for an investigation to the national ref erred to in Article 30{t) has been granted may be made in writing where the industry has or in authority or serious prejudice industry or resulted by or 2.
An application under paragraph of a subsidy inf otmation about the existence and a causal link between the su(Jsidised and, if possible, products and the alleged its amount, injwy injury.

1 shall include sufficient 3.
An application to initiate producers have been made by or on behalf of a domestic those domestic cent of the total production industry investigation supporting production the application of the like product produced whose collective of the like product shall not be initiated expressing support for or opposition where the domestic an investigation shall be considered if it is supported by more than 50 per industry output constitutes by that proportion of the domestic to account for less than 25 per cent of the total by the domestic industry.
to the appUcation.

producers The expressly 4.

Upon receipt of a request for such an investigation, the authority the application and determine, an investigation.

shall examine whether to initiate investigation, Member State, other interested required If the authority it shall issue a public notice to that effect.

and comments.

information decides to initiate the concerned to submit invite an Member States and interested parties on the basis of the facts available, 5.
An investigation initiated pursuant to paragraph 2 shall /Je deemed to be a preliminary concerned investigation.

Member State and all interested parties investigation .

The authority shall inform the of the of the results 23.

Article 30(v) Request for Consultations l niury, Nullification, to Subsidies Causing Impairment or Serious Preiudice Relating 1.
Whenever a Member State has reason to believe that a subsidy within the mean;ng of Article another Member State, and that imports resulted the first-mentioned to be granting a subsidy Member State may approach with a request in any of the effects mentioned in paragraph 1 (b) of Article 30(p)(bis).

the Member States believed for consultations .. 30(p) has been granted or is maintained by from such a Member State have 2.
A request with regard to - evidence for consultations shall include a statement of available (a) the existence and nature of the subsidy; and (b) the injury caused to the domestic industry; or (c) the impairment or nullification of benefits of exporting to other Member States in the Community; or (d) serious prejudice to its interests.

3.

Upon receipt the Member State believed within 10 days, furnish relevant 30 days of the date of the request.
to clarify subsidy and to arrive the facts relating to the existence, at a mutually agreed solution.

of a request to be granting for consulta or maintaining tions under paragraph 1, information, and enter into consultations the subsidy shall reply within The purpose of the consultations type and effect of the alleged shall be Article 30{w) Reference lniury, Nullification, to COTED to Investigate Impairment or Serious Preiudice Subsidies Causing 1.
If no mutually days from the date of request the Member State requesting which shall initiate and issue a report by the aggrieved an investigation, within 120 days of the date of the request Member State .

at the completion agreed solution is reached of 60 or on a date mutually agreed, for consultations, consultations make a determination may refer the matter to the COTED to resolve the dispute for an investigation 2.
A decision prevent the aggrieved countermeasures initiation prevent of a preliminary further adverse effects.

by the COTED to initiate Member State from taking, an investigation shall not on a provisional which shall not be sooner than 60 days from the date of or investigation by the national authority to forestall basis, Investigation Article 30(x) by COTED of Subsidies Causing Injury, Nullification, Impairment or Serious Prejudice 1.
In order to arrive at a determination and remedial of alleged subsidisation degree and action which may be taken pursuant to the in Article 30(w), the of the existence, mentioned effect of subsidisation, referral of a complaint COTED shall - 24.
(a) into the circumstances carry out an investigation to the alleged the offending completed complaint offending of the subsidy grant or maintenance Member State; the investigation within 120 days of the date of receipt regarding and by is to be of a by an Member State; affeged subsidisation relating (b) upon receipt of the report promptly make available Member States to facilitate the Member states concerned to arrive at a mutually acceptable arising ation, the report to the concerned and to permit consultation from the investig solution.
Article 30(y) Consequences of Failure to Remove Subsidies Causing lniury, Nullification, Impairment or Serious Preiudice 1.
If no mutually acceptable solution issue of the report by the COTED, and the COTED is satisfied: is reached within 30 days of the date of (a) of the existence of a subsidy within the meaning of Article 30(t); and (b) that the subsidy has caused injury the complaining Member State; to the enterprise in or (c) that the subsidy has impaired or nul!ified benefits expected to its exports to the Community; of the complaining or Member State with respect (d) that the effect of the subsidy �s to seriously prejudice the interests of the Member State, then in such a case, the COTED shall request the Member State which has granted effects the COTED.
six months of the date of the issue of the report by to take appropriate or maintained of the subsidy the subsidy within steps to remedy the 2.
If, at the end of the period of six months allowed by COTED to the Member State fails to comply and in the absence of agreement or maintaining tile Member State granting the subsidy, on compensation impose countervailing for such lime and under such conditions the COTED shaff authorise at a rate equivalent duties the aggrieved Member State to to the amount of subsidisation as the COTED may prescribe.
the subsidy to remedy the effects of IY.pes of Subsidies Article 30{z) Causing Serious Adverse Effects countervailing 1.

Member States shall not ordinarily on products or take countermeasures impose or introduce which benefit from: duties (a) subsidies which Article 30(p)(bis); or are not specific within the meaning of 25.
(b) subsidies which are specific within but which satisfy all of the conditions the meaning of Article set out 30(p)(bis) in this sub-paragraph hereunder: (i) subsidies which are not specific, or the enabling in terms of the legislation it granting authority applies (a) not explicitly subsidies by certain enterprises; limiting access to such (b} establishing objective criteria or for and governing the eligibility conditions the amount of, a subsidy is automatic conditions where eligibility and such criteria and adhered to; or are strictly (c) not limiting a subsidy nt or disproportionate programme or its use to predomina certain enterprises; (ii) subsidies granted for research by enterprises activities or by higher education on a contract basis establishments conducted or research with firms if: the assistance of the costs of industn"al of the costs of pre-competitive activity; covers not more than 75 per cent research or 50 per cent development and provided exclusively to: that such assistanc e is limited (a) costs of personnel (researchers, and other supporting staff technicians employed exclusively activity); in the research (b) costs of instruments, equipment, and buildings permanently on a commercial activity,· used exclusively (except when disposed basis) for the research land and of (iii)subsidies granted to assist disadvantaged within the territory of a Member State regions given pursuant regional eligible regions development provided that: to a general framework of and non-specific within (a) each disadvantaged clearly designated geographical economic area with a definable identify; and administrative region must be a c o n tiguous 26.
(b) on the basis of neutral that the indicating arise out of more than the region is considered as disadvantaged and objective criteria, region's temporary must be clearly regulation, as to be capable such criteria out in law, document, of verification; circumstances; spelled or other official difficulties so (c) the critaria shall include development of economic based on at least one of the following factors: a measurement which shall be income per capita income per capita.
(i) one of either household GOP capita.
for the 85 per cent of the average concerned; territory which must not IJe al>ove or or per (ii)unemployment rate, must whicll be at least 110 per cent of tile average for the territory concerned; • (iv)subsidies in tlw grantad to assist entities facilities to new imposed by law requirements of existing adaptation environmental and/or regulations constraints provided and financial that the subsidies which result in greater burden on enterprises (a) are a one-time non-recurring measure; and (b) are limited to 20 per cent of t/Je cost of adaptation; and (c) do not cover the cost of replacing wllicll investment.
the assisted operating must be fully borne by firms; and and to and proportionate to (d) are directly linked a firm's and pollution, manufacturing be achieved; and and does not cover any which may cost savings planned reduction of nuisances (e)are available to all firms which can adopt the new equipment processes.

and/or production 27.


(v) subsidies granted to assist enterprises of employees, or retraining or not the enterprise g of existing facilities is new, and the to facilitate to to competitive status within the provided that such subsidies are not undertake training whether upgradin transition Community, specific.

2.

Member States shall notify the COTED of any subsidy 1.
Any Member State may request further information mentioned regarding all notified in paragraph a notified subsidies subsidy referred to in paragraph 1. programme and the COTED shall review annually Preliminary Article 30(aa) Investigation of Subsidies Causing Serious Adverse Effects 1.

A domestic industry may submit to the competent an authority that serious to verify for an investigation application caused by imports which benefit from subsidies effects have been referred to in Article 30(z).

adverse 2.
adverse 2.

Upon receipt adverse of the available the authority facts, determine effects, of an application shall examine the application, to initiate whether for an investigation to verify an investigation.

and, on the basis 3.

The investigation investigation.

referred The authority investigation preliminary to initiate interested provide relevant a preliminary Member States, and the interested and make comments.
information to in paragraph 2 shalt be deemed a shall give public notice of its decision and the concerned Member State, other to parties shall all be invited 4.

The results to the concerned available the interested of the preliminary investigation shall be made Member States and Member State, other interested �arties to enable them to defend their interests.

Article 30(bb) Request for Consultations Relating to Subsidies Causing Serious Adverse Effects 1.
Whenever a Member State has reason to believe Member State benefitted from another Article 30(z) and such imports have resulted industry domestic Member State aggrieved or maintaining granting the subsidy.

may request from subsidies in serious consultations adverse effects to a to repair, with the Member State the so as to cause damage which would be difficult that imports within the meaning of 2.
The Member State alleged to be granting 10 days of the date requested which of the request for by the aggrieved the subsidy caused adverse effects shall reply within consultations and shall enter into Member State.

If there is no mutual agreement the request or if the Member State refuses refer the matter to the COTED investigation.
to cooperate, and request for such consultations within oron a later date which the aggrieved 60 days of the date of was mutually agreed Member State may the COTED to carry out an the consultations 28 Article 30(cc) Investigation by COTED of Subsidies Causing Serious Adverse Effects the aggrieved 1.
The referral not prevent which shall not be sooner than 60 days from the date of initiation preliminary forestall or prevent referred to in Article 30(aa), shall on a provisional basis, of the to of the matter to the CO TED for an investigation Member State from imposing further adverse effects.

countermeasures investigation 2.

If the COTED is satisfied justified, issue a report within 120 the COTED shall carry out the investigation, days from the date when the request was referred.
is that the investigation and make a determination requested 3.

Where the results of the investigation carried effects to the imports caused serious out by the CO TED that the subsidised demonstrated of the aggrieved domestic industry the COTED sha/1 recommend that the offending programme of subsidies of.
complained Member State adverse requesting in such a way as to remove the adverse effects Member State modify the the investigation, Article 30(dd) of Failure to Eliminate or Consequences Establish Adverse Effects of Subsidies 1.

If the offending Member State fails to implement l/1e of the COTED within 6 months of the date of issue of the to in paragraph 2 of Article 30(cc).
Member State to impose appropriate with the nature· duties countervailing and degree of serious adverse effects the COTED shall authorise recommendations report referred the aggrieved commensurate determined to exist.

2.
2.

Whenever the results adverse effects have not been caused by subsidised imports of an investigation by COTED prove that ref erred has suffered serious 1 of Article 30(z}, serious to in p-aragraph industry which might have been provisionally duties had materially against, the COTED shall, of (he provisionally applied which is warranted compensation its assessment.
the Member State alleging that its domestic adverse effects shall promptly refund any duties imposed and where such provisional retarded the exports of the Member State complained upon application from such State, assess l/1e effects duties and determine the nature and extent of and require compensation in accordance with Imposition Article 30(ee) of Provisional Duties and Countervailing Measures 1.
Notwithstanding anything to the contrary in this Protocol, or maintenance a of prohibited or by subsidies which cause injury, or result in nullification, Member State aggrieved by the application subsidies impairment, may be, shall introduce provisional rules: or cause serious prejudice, or serious measures adverse effects, only on the basis of the following as the case 29.
(a) Provisional measures may be applied only if - (i) a preliminary investigation has been initiated in with the provisions of this Protocol, accordance a public notice interested opportunities comments; has been given to that effect and parties have been given adequate to submit information and make (ii) an affirmative preliminary been made of the existence subsidy, impairment, serious causing may be; causing injury, prejudice, adverse effects.
or a subsidy serious or a subsidy as the case determination of a prohibited has nullification, (iii)consuftations undertaken, were requested and/or to judge concerned being injury the COTED was notified investigate such measures necessary caused during the investigation; and the authorities to prevent and requested may take the form of provisional measures Provisional countervailing duties guaranteed bond equal to the amount of the provisionally amount of subsidisation; by cash deposits or calculated measures Provisional shall not be applied 60 days from the date of initiation investigation; sooner than of the preliminary The application to as short a period as possible, days.
of provisional measures shall be limited not exceeding 120 (b) (c) (d) 2.

Where investigations of provisional for the maintenance the Member State imposing the measures may continue under sub-paragraph with such measures by the COTED continue beyond the period until a definitive determination is made by the COTED .

allowed 1 (d), measures 3.

The Member and the effect of alleged the existence the case may be, undertakings from Undertaking or to be maintaining a subsidy.
States which are parties to an investigation to verify as may seek or accept, subsidisation, to have granted alleged the Member State s may take the form of: ( a) withdrawal, or limiting the amount of, the subsidy an extent that injury, nullification, prejudice be, are eliminated; effects, or serious adverse impairment, as the case may or to such serious (b) a guarantee subsidy injurious from the to raise his price to such an extent that the effect is eliminated.

from the exporter benefitting 30.

4.


If a Member State accepts 3(b), then the accepting suspend proceedings, sub-paragraph and promptly have been imposed shall be withdrawn a voluntary guarantee Member State shall notify to pursuant the COTED which may and any provisional with immediate measures effect.

5.
5.

In the event that investigations subsidisatio n have or impairment nullification, and the evidence proves injury, as the case may be, a Member been concluded serious prejudice, State may impose countervailing retroactively duties period during which provisional measures retroact countervailing duties duties shall take into account and the amount guaranteed have been in force.
Suc/1 the definitively assessed bond and: by cash deposit or to determine ively applied for the entire or serious to account effects, adverse ( a) where the definitive duties, the provisional collected; countervailing duties are higher than the difference shall not be (b) where the definitive the provisional refunded are lower than the excess of t/Je deposit shall be promptly.

or the bond released countervailing duties, duties 6.
No Member State shall impose countervailing countervailing duties without and imposition provisional and the determination governed by the relevant on Subsidies Agreement provisions and Countervailing Measures.

prior authorisation duties other than from the COTED shall be duties of definitive countervailing of the World Trade Organisation (Vv70) 7.

The COTED shall keep under review all counter- measures imposed by Member States and sliall conditions and timetable it may have authorised.
ensure that Member States observe the for review and withdrawal of counter-measures that 8.

Member States undertake to co-operate in establishing /Jarmontsed this Protocol.

legislation and procedures in accordance with the provisions of Article 30(ff) Action Against Dumping A Member State may take action imports cause injury or pose a serious threat against of injury dumped imports if such to a domestic industry.

30(gg) Article Determination of Dumping 1.


For the purposes of this Protocol, to be dumped, that is to say, introduced at less than its normal value if the export price of the product Membar state the ordinary in tl1e exporting exported from one Member State is less than the comparable in n course of trade, for the like product when destined into the commerce of another Member State.

to another for consumptio price, a product is to be considered country 31.

2.
2.

When there are no sales of the like product in the ordinary country or when, market of the exporting market of the exporting n, the margin of dumping shall be determined country, or the low volume of the sales in the such sales do not permit a proper by comparison market situation with a price of the like product when exported to an appropriate third course of trade in the domestic because of the particular domestic compariso comparable country, in the country of origin general costs and for profits.
plus a reasonable amount for administrative, selling and provided that this price is representative, or with the cost of production or a compensatory concerned that the export pn·ce is unreliable 3.
In cases where there is no export pn·ce or where it appears to because of and importer the exporter on the basis of the price the authorities association or a third party, the export price may be constructed at which the imported products are first resold to an independent are not resold to an independent the products condition determine.

buyer, or if buyer, or not resold in the on such reasonable basis as the authorities as imported, arrangement between may 4.
A fair comparison shall be made between the export price and shall be made at the same level of trade, and in respect of sales made at as nearly as shall be made in each case, on its which affect price comparability, of trade, including differences in physical quantities, levels to affect which are also demonstrated 3, allowances for and resale, to in paragraph between importation should also be made.
If in these cases price comparability the authorities shall establish the normal value at a level of and level, for differences and terms of sale, taxation, and any other differences the normal value.

This comparison at the ex-factory normally the same time.

Due allowance possible merits, conditions characteristics, price comparability.

costs, including duties for profits accruing, has been affectect, trade equivalent make due allowance indicate comparison parties.
as warranted to the parties in question In the cases referred and taxes incurred to the level of trade of the constructed or shall shall to ensure a fair and shall not impose an unreasonable burden of proof on those export price, The authorities under this paragraph.

ion is necessary what informat • 5.


In the case where products are not imported directly from the to the importing Member shall normally the price at which the products country of origin but are exported country, the importing in the country of export.
However, the country of origin, if, for example, through of export, or there is no comparable price be compared comparison the country of export, or such products are are sold from the country of export to with the comparable price may be made with the price in the products are merely transshipped in the country not produced for them in the country of export.

Member from an intermediate 6.


For the purpose of this Protocol to mean a product which is identical, shall be "like product" alike in all respects to the i.e., under consideration, or in the absence of such not alike in all respects, a product, another closely has characteristics interpreted product product, which, although resembling those of the product under consideration.

32.

Article 30(hh) of lniury Determination 1.


For the purpose of Article 30(ff), injury injury to a domestic industry or material shall, unless othe,wise threat of industry, retardation of the specified, material establishment be taken to mean material injury to a domestic of such an industry.

of injury 2.
of injury 2.

A determination and involve evidence be based on positive within the meaning of paragraph I shall an objective examination of: (a) the volume of the dumped imports and the effect imports on prices in the domestic products; and market for like of such (b) the consequent impact of the dumped imports on domestic producers of such products.

3.
In making a determination regarding the existence of a threat of material injury, the competent authorit ies shall consider, inter alia: (a) a significant domestic increased rate of increase market indicating importation; of dumped imports into the the likelihood of substantially (b) sufficient disposable, or an imminent, freely in, capacity of substantially increase likelihood the importing availabilit additional the to the y of other expo,t markets to absorb any exports; of the exporter increased Member's market taking into account dumped exports indicating substantial (c) whether impo,ts are entering significant depressing prices, and would likely imports; and or suppressing increase demand for further at prices that will have a effect on domestic (d) inventories of the product being investigated.
Definition Article 30{ii) of Domestic Industry 1.

For the purposes of this Protocol, the term "domestic industry" s/Ja// mean "domestic industry" as defined in Annex I.

Article 30ljj) Initiation of Preliminary Investigations 1.
If a domestic that it is being injured or faces the threat of injury in writing iniports, may be submitted an application in a Member State has reason to believe of dumped or on its as a result by the industry industry 33. behalf by an association by the producers investigation caused or the existence in order to verify the existence threat o_f injury of a serious or by employees authority of dumped imports and injury as the case may be.
employed an to initiate of the like product to the competent representing the industry 2.

The application to have been made by or on shall be considered if it is supported industry output constitutes behalf of the domestic whose collective of the like product produced production either support for or opposition expressing investigation shall be initiated the request account product produced by the domestic when domestic industry.
for less than 25 per cent of total by those domestic more than 50 per cent of the total by that portion of the domestic producers industry to the request.

However, producers no supporting of the like expressly production 3.
The authority is justified shall examine the application it shall issue a public investigation effect and request States and the interested parties, required be afforded an opportunity and if it is satisfied, to provide the concerned Member State, other all of whom may be requested to and shall and comments.

information and determine if an to that notice Member interested 4.

A decision a decision considered shall be made available to initiate by a public a preliminary notice.
by the authority to initiate an investigat investigation, the results ion shall be of which 5.

Where a prelimina that dumped imports have entered such imports seriously threaten submit to the competent consultations authority which shall be notified or have injured exporting of the ry investigation into the commerce to the COTED.

of the Member State and a domestic industry, for Member State a request it may provides sufficient evidence 6.
The purpose imports have been dumped and injury threat and if the injury of the request of injury for consultations shall be to establish has been caused or there is a or the serious threat thereof is directly whether serious the result of dumped imports.

7.

Interested shall be allowed by or on behalf of a domestic to provide of the 30 days from the date of submission 2 to reply parties who have been requested under paragraph industry concerned agree to a later date.
information application unless the authorities 8.
For the purpose of this Protocol, "interested parties" shall include: (a) an exporter or foreign producer product subject to investigation, association, producers, of the members of which are or importers of such product; a majority exporters or the importer or a trade or business of a (b) the government of the exporting Member State; and (c) a producer of the like product in the importing Member State or a trade and business of a majority association, the members of which produce the like product in the territory of the importing Member State.
34.

9.

A request for investigations to be undertaken by the competent but shall not indicated that the offending of a Member State or by the COTED shall include be limited to this Protocol to the information as Annex !1/(b).

authority necessarily attached State is satisfied afford consultations, unreasonably impede an investigation authority anti-dumping COTED.

A public shall be issued by the Member State which has imposed such measures.
List Member efforts to party had not made satisfactory or otherwise the competent basis for investigation to the measures anti-dumping in the 11/ustraNve an aggrieved measures and may refer the request of the Member State aggrieved may impose on a provisional which has been initiated, to provide requested of the imposition of provisional information If, however, notice Article 30(kk) Provisional Measures 1.
Provisional measures may be applied only if - has been initiated {a) an investigation the provisions notice has been given to that effect and interested parties have been given adequate submit information 4 of Article 30@, a public and make comments; opportunities with in accordance of paragraph to (b) a preliminary affirmative determination has been made injury to a domestic of dumping and consequent industry; and (c) the authorities concerned judge such measures necessary to prevent injury being caused during the investigation.
· 2.

Provisional a security measures -by cash deposit preferably, anti-dumping provisionally appropriate estimated withholding provisional duty provisionally margin of dumping.

estimated provisional measure, provided amount of the anti-dumping subject of appraisement is measures.
may take the form of a provisional duty or or bond -equal to the amount of the being not greater estimated, Withholding of appraisement than t/Je is an that the normal duty and the and as long as the duty be indicated to the same conditions as other 3.

Provisional from the date of initiation measures of the investigation by a competent authority.

shall not be applied sooner than 60 days 4.


The application of provisional short a period as possible, not exceeding authorities percentage authorities, t/Jan t/Je margin of dumping would be sufficient may be 180 and 270 days, respectively.

upon request concerned, of the trade involved, in the course of an investigation, by exporters to a period not exceeding 180 days.
When representing a significant examine whether a duty lower to remove injury, these periods shall be limited measures to as of the 120 days or, on decision 35.

Article 30(/1) leading to Conduct of Investigations of lniury Determination Definitive 1.
Whenever the COTED receives a request for investigation, accompanying and if it is satisfied, to it under paragraph the information 9 of Article 30(jj), the COTED shall determine referred of the request justifies whether within to be completed investigations 12 months but not longer than 18 months after the date of receipt of the justification request.

ff the COTED is not satisfied that to to of its refusal it shall inform the applicant initiate investigate .
cause an investigation an investigation, the continuation there is sufficient in writing 2.
Investigations either initiated authon'ty by the COTED shall be terminated promptly by a competent of a Membe.r State or undertaken whenever: ( a) the margin of dumping is determined to be less than two per cent; and (b) the volume of dumped imports from a particular country three per cent of imports of the like product which Member State, unless countries for less than three per cent of the is less than in the importing individu imports of the like product into State collectively account of the imports of the like product Member State, for more than seven per cent ally account in the importing the importing Member and a public notice of the termination shall be made· by the Member State terminating COTED, as the case may be.
of investigations under this paragraph investigations or by the • 3.

Member States recognise that dumping based on a request industry and the parties alleged will require to be responsible an investigation into the Member by another of the the full co-operation of alleged circumstances State on behalf of a domestic competent imports, shafl provide relevant authority in the Member State from which such imports originated; information in the time specified in this Article.

for dumped afl of whom 4.


In the conduct of an investigation authon'ties of Member States and the and to determine the existence competent effect of dumped imports, parties concerned shall observe the rights with regard to confidentiality any such information the information.

of any information the prior written without of the parties providing information provided and shall not disclose approval of the parties providing 5.
Where an industry within the Single suffered injury or faces the threat of serious injury based on evidence dumped imports by third States, investigation authority shall be the COTED.

on behalf of the affected the competent industry for requesting Market and Economy has of 36.

6.
6.

Nothing party or a Member State from initiating dumping having regard in this Article shall be construed with an and proceeding of such parties to the rights so as to prevent an injured into alleged investigation under international agreements to which they are signatories.

Article 30(mm) Co-operation by Competent Authorities and liiterested Parties 1.
Where an applicant for an investigation who receives verification information of the information, the to dumping investigations requires and the parties alleged authority pursuant competent imports offending shall co-operate Member State.

in allowing the applicant to be responsible for dumped ns in the to carry out verificatio 2.
The results of any investigations carried out by a competent of a Member State to the competent authority promptly for dumped imports in the offending conclusions COTED, as the case may be.

aggrieved a_uthority of the investigations or by the COTED shall be disclosed and the parties alleged to be responsible Member State.

A public notice of the shalf be issued by the Member State or by the 3.
The purpose of the disclosure referred to in paragraph 2 shall be to present responsible the facts of the case and to allow the parties alleged to be for the dumped imports to defend their interests.

Imposition 30(nn) Article of Anti-Dumping Measures and having been satisfied dumped imports or the threat the Member State aggrieved 1.
The COTED shall, after consideration of the existence of serious injury to take anti-dumping of dumped imports, action: from dumped imports, injury of the available evidence caused by authorise ( a) if the parties alleged imports as to frustrate refuse to cooperate or otherwise to be responsible so for dumped within the time specified impede an investigation; (b) if there is a serious threat of injury or if injury has resulted.

2.
2.

In authorising the imposition and conditions of anti-dumping measures, for the imposition the of the COTED shall set the date, duration measures as the case may require.

action 3.

Anti-dumping taken pursuant to this Article, shall be based on the calculated margin of dumping and may be applied as follows: (a) if the evidence investig arising from definitive of dumping ations of and that injury duties sufficient dumping proves the existence was caused by dumping, anti-dumping to eliminate dumping.
The COTED may authorise Member States to impose similar such time and under such conditi may prescribe; a!f affected anti-dumping duties ons as t/1e CO TED a Member State may impose the margin of for 37.
(b) of anti-dumping in the imposition Member States imposing the measure shall not discriminate among the sources of all dumped imports based on country of origin or nationality of the exporters; duties, (c) an exporter whose exports dumping duties may request State imposing duties the duties the relevant are the subject of anti­ at any time the Member to review the application exports; against of the (d) applied for review of anti-dumping duties in sub-paragraph authorities (c) is not in the importing consideration to for review within 30 days of the receipt of the to the if an applicant to exports mentioned satisfied that the competent Member States have given adequate the request request, the applicant COTED which shall recommend maintaining appropriate action review is justified; to the Member State duty to take the for the anti-dumping if it is satisfied that the application may refer the request (e) a has been caused, have been concluded the date of imposition in the event that investigations and the evidence proves that injury Member State may impose anti-dumping duties retroactively to account for the entire period during which provisional anti-dumping duties have been in force preceding of definitive dumping duties.
duties are higher than the provisional payable security, definitive payable, security, recalculated or the amount estimated for the purpose of If the the difference shall not be collected.

duties are lower than the provisional duties or the amount estimated for the purpose of the difference as the case may require.
shall be reimbursed the definitive If, however, or the duties duties paid or anti­ anti-dumping (f) if however the investigations reveal that injury was not measures have materiall upon application applied caused by dumped imports as alleged, but the exports provisional of the Member State complained shall, by such State, of the provisionally nature and extent of compensation and require measures to withdraw the measure and pay compensation in accordance y retarded the COTED assess the effects duties and determine the Member State applying with its assessment; against, which is warranted the provisional (g) a Member State may accept a voluntary price guarantee from an exporter who is believed dumped products, sufficiently eliminate to raise the price of the export threat of injury injury caused by dumped imports; to forestall a serious to be exporting or to 38.
(h) investigations based on of dumped imports and the Member State had if a Member State has initiated evidence imposed provisional upon the receipt exporter referred suspend the investigation measures it may have imposed as appropriate.

measures, of a voluntary guarantee to in sub-paragraph and withdraw from the (g), promptly any provisional the Member State may, 4.
The COTED shall keep under review all anti-dumping measures imposed by Member States and shall ensure that Member States observe the conditions measures that it may have authorised.

and the timetable for review and withdrawal of anti-dumping 5.

Member States undertake to co-operate harmonised provisions of this Protocol.

anti-dumping legislation and procedures in the establishment in accordance with the of SUBSIDIES PART V TO AGRICULTURE Article 30(00) Definition 1.
For the purposes as any form of domestic subsidy of this Protocol an agricultural is or otherwise, including support, financial provided by government product agricultural or any public agency in favour of al sector as or to the agricultur defined revenue foregone, s of a specific t/Je producer a whole.
This includes: (a) assistance agency to foster assist and rural development low income or resource poor ag1icultural producers; or to provided by government or any public (b) financial concessions granted by government or a public inputs or to agency to offset the cost of agricultural encourage in agriculture; investments (c) any other financial concession which has the effect of of price or income support to producers which is administered either or processors through providing agricultural through of an agricultural government producers product or indirectly funded programmes; or other publicly direct payments products to the (d) payments in kind to agricultural producers.
2.

"Agricultural products" refers to the products listed in Chapters including products 1-24 of the Harmonised System (HS) of Product Classification, fish and fish products, hsted in Annex IV.

and including products, and forest not the forestry 39.

Article 30(pp) Rights Having regard to the general agricultura generally to encourage agriculture Member States may grant subsidies their obligations of this Protocol.
under international and to assist /ow-income l and rural development, to meet those agreements and subject in or resource-poor objectives, to promote investments producers, with consistent use of subsidies in Member States to the provisions Article 30(qq) Obligations 1.

Notwithstanding the right to grant subsidies 30(pp), a Member State shall not use such subsidies trade in the product or production such subsidies.
of and intraregional indicated in Article in a manner to distort the products benefitting from 2.

Accordingly, shall not involve or processors subsidies transfers which would have by a Member State to payments to the effect of providing price from consumers, provided or direct agriculture producers support to producers.

provided by a Member State to agriculture shall be 3.
Subsidies publicly funded programmes made through generally, pest and disease control, inspection services and infrastructural in areas such as research, services, training, services.

which benefit the agricultural sector services, and advisory extension marketing and promotion • income safety-net programmes, relief, through 4.
Where a Member State makes direct or processors producers and structural agricultural disaster adjustment programmes State shaff ensure that these payments, production no or minimal support to producers schemes.

whether and trade distortion or products of the product assistance payments of a subsidy to such schemes as crop insurance, assistance regional programmes financial or otherwise, have , that Member effect and do not constitute price the use of such benefitting from 30(rr) Article Regulation 1.
Any subsidy provided by a Member State in favour of the product of an agricultural regional entering of general services programmes payments or direct trade, except for the the satisfying stated in Article 30(qq), shall not exceed 10 per cent of the total production provision conditions value of that Member State's in any one year.

product annual production of such tradeable agricultural provided by a Member State in favour 2.
Any subsidy or processors or direct producers programmes 30(qq), annual total agricultural except for the provision satisfying shall not exceed 10 percent of the total value of that Member State's in general, payments the conditions stated in Article of general of agricultural services output, in any one year.

40.

3.
40.

3.

Where a Member State provides a subsidy, of general services programmes or direct except for the payments satisfying the in excess of the levels prescribed in causing shall be considered as a subsidy stated in Article 30(qq), 1 and 2, such a subsidy provision conditions paragraphs injury, nullification, impairment or serious prejudice.

Article 30(ss) Discipline 1.


Each Member State shall ensure that any subsidy producers conforms with the provisions of Article 30(qq) in favour of and Article agricultural 30(r!).

2.

Any subsidy in favour of agricultural producers that cannot be shown to satisfy subject the provisions of Article30(u) in Article 30(qq) and Article 30(rr), to Article 30(y) inclusive.

to the provisions shall be 3.


A subsidies programme undertaken based on Article of injury or threat thereof in conformity with the 30(u} to 30(y) is made in to action provisions inclusive accordance of this Part shall be subject where a determination of this Part.

with the provisions authorities shall consider, inter alia, such factors of a threat of injury, as: 4.
In the determination the investigating (i) nature of the subsidy or trade effects likely to arise therefrom; subsidies in question and the , (ii) rate of increase a significant the domestic substantially increased market indicating importations; of subsidized imports into the likelihood of (iii) disposable or an imminent, freely sufficient in capacity increase likelihood of to the importing availability additional exports; substantially of the exporter increased country's market, taking the exports subsidized into account the markets to absorb any of other export indicating substantial (iv) imports are entering whether significant depressing and would likely prices, irnports; at prices that will have a effect or suppressing increase on domestic demand for further (v) inventories of the product being investigated.
Article 30(tt) Due Restraint Where it has been determined that a subsidy causes injury or threatens Protocol, any action in retaliation.

to cause such injury, the aggrieved Member State shall exercise in accordance with the provisions of this due restraint in initiating 41.

Article 30(uu) Notification programme 1.

Me01ber States shall notify the COTED of any subsidy to Article 30(00) prior to ion.

implementat pursuant 2.

In addition any new subsidy or modification promptly.

and its conformity 30(rr) .


to the notification of an existing details of as set out with the agreed criteria ation shall contain This notific measure shall be notified the new or modified subsidy and Article in Article 30(qq) to be submitted under this Article, 3.

Any Member State may bring ought to have been notified of the COTED any by another Member to the attention measure_ which it considers State.

Article 30(uu){bis) Review 1.


The COTED shall undertake a review of the implementation of on subsidies the provisions by Member States, submitted subsidies of any other documentation which the COTED may request facilitate to agriculture on the basis programmes its review.

of notificat ions of the as well as on the basis to be prepared to 2.

Any Member State may bring to the attention if considers ought to have been notified of the COTED any by another Member measure which State.
PART VI CONSUMER PROTECTION Article 30(vv) Promotion of Consumer Interests in the Communitv 1.
Member States shall promote the interests in the of consumers Community by appropriate measures that: (a) provide for the production and supply of goods and the provision health and safety of consumers; of services to ensure the protection of life, (b) ensure that goods supplied and services provided in the CAR/COM Single Market and Economy (CSME) satisfy regulations, requirements bodies in the Community; standards, codes and licensing by competent or approved established 42.
(c) provide, where the regulations, st[mdards, licensing not exist, requirements for their establishment referred to in paragraph and implementation; codes and (b) do (d) high levels of ethical encourage engaged in the production services to consumers; of goods and and distribution conduct for those (e) encourage provide and services at lowest cost; fair and effective with greater consumers competition in order to choice among goods (f) promote the provision consumers to enable the making of informed choices; of adequate information to (g) ensure the availability education programmes for consumers of adequate information and suppliers; and (17) protect consumers by prohibiting discrimination against and suppliers producers Community and against service providers of other Member States of the Community; nationals of goocfs produced in the who are (i) encourage the development of independent consumer organisations; U) provide adequate and effective redress for consumers.
2.

For the purpose of t/1is Part, "consumer' means any person: (a) to whom goods are supplied or intendecf to be supplied in the course of business; or (b) for whom services are supplied or intended to be supplied in the course of /Jusiness, on by a supplier carried receive the goods or services carried on by him.
or potential supplier and who does not in the course of a business Article 30(ww) Protection of Consumer Interests in the Community Member States shall enact harmonised legislation to provide, inter alia: (a) for the fundamental obligations goods or services; terms of a contract and the implied of pa,ties to a contract for t/1e supply of 43.
(t) for the prohibition of the inclusion for the sale and supply of goods or of unconscionable terms in contracts services to consumers; (c) for the prohibition trading practices particularly such practices fraudulent conduct; of unfair relating to misleading or deceptive or (d) for the prohibition of production and defective goods and for the adoption to prevent measures the market; the supply or sale of such goods including the removal of defective requiring goods from and supply of harmful of measures (e) that the provision of services is in compliance with the applicable requirements; regulations, standards, codes and licensing (f) that goods supplied accordance by the competent are labelled prescribed with standards and specifications to consumers authorities; in (g) that hazardous consumption in accordance or other goods whose distribution and are regulated by law are sold or supplied with applicable regulations; (h) that goods or materials the production likely effects, applicable to result in potentially and supplied and regulations; are labelled standards or use of which is harmful environmental in accordance with (i) that producers and suppliers goods and for violation consumer safety standards damage to consumers; for defects are liable in of product standards and which occasion loss or (j) that violations of consumer safety standards sanctioned are appropriately I suppliers producers or criminal civil relevant to defendants.
available defences to such violations by and are Action by the Commission to Provide Support in the Article 30(xx) Promotion and Protection of Consumer Welfare 1.
The Commission Member States in the enhancement welfare: shall, for the purpose of providing of consumer education support to and consumer (a) promote in the Community the elaboration, publication of fair contract and adoption and consumers traded in the CAR/COM Single Market and Economy; of goods and services produced or terms between suppliers 44.
(b) as it considers discourage take such measures that Member States trading practices, including conduct, selling false advertising, and pyramid selling; necessary to ensure unfair and eliminate misleading or deceptive bait advertising, referral (c) promote in Member States product safety standards as part of a programme of consumer assist the consumer to make informed choices the purchase of consumer goods: concerning education in order to (d) keep under review the carrying on of commercial in Member States which relate to r7norls wit/1 or which rolato to activities supplied to consumers a view to their being so supplied, services supplied identify interest for consumers with a view to affect the which may adversely ing practices of consumers; in such States or produced (e) educate and guide consumers generally in the practical resolution income and credit, communications of their problems and in the best use of their using such techniques and means of as are available; (f) on request, confer, with consumer organisations Member States and offer such advice and information may be appropriate problems; for the resolution of their consumer of as (g) establish co-ordination with government the, necessa,y and departments of consumers agencies and guidance programmes, activities or department; for the effective education having regard to the and resources of each agency (h} conduct research and collect affecting and collate the interests information in of consumers: respect of matters (i) compile, evaluate of consumers protection to the COTED the enactment necessary or desirable of legislation considered of consumers; for the protection in such States and recommend and publicise enactments for the (j) promote, after consultation standardising agency or organisations, agencies for consumer standards competent with the and other pub!
ic and private of quality the establishment products; (k) promote and monitor, after consultation with relevant agencies and departments of Government, enforcement consumers, relating adulteration, to weights and measures, of standards the the interests of to, legislation at ion affecting but not limited of legisf including, and rrice controls; food and drugs the control 45.

(I) make recommendations enactment effective of legislation enforcement of the rights of consumers.
to the COTED for the by the Member States for the 2.

The Commission shall: (a) draw to the attention enterprises welfare; of the CO TEO business conduct on consumer by which impact adversely (b) collaborate with competent Organs of the Community to promote consumer education and consumer welfare.

ARTICLE Ill Signature This Protocol shall be open for signature by any Member State.
ARTICLE IV Ratification This Protocol with their respective shall be subject in accordance ratification copies to the Government of each Member State.

shall be deposited with the Secretariat constitutional to ratification by signatory procedures.

which shall transmit States Instruments of certified ARTICLE V Entry Into Force This Protocol which the last instrument shall enter into force one month after the date on of ratification is deposited with the Secretariat.

ARTICLE VI Provisional Application 1.


A Member State may, upon the signing later date fore it enters into force, declare its intention or at any of this Protocol to apply it provisionally.

2.
2.

Upon such declaration, provisionally pending its entry into force in accordance of this Protocol shall be with Article V. the provisions applied IN WITNESS WHEREOF the undersigned respective duly authorised this Protocol have executed Governments in that behalf by their DONE at ----------------on the -------------------- day of------- ------ ,.

-2000. ,.l � Signed by f or the Government o ntigua and Barbuda on the / 'f- day of� � 2000at ��/� -fk:- (� Ov...L, �� 46.
� f-� Ji<- Signed by for the Government of Barba"Clas � !he / 4- day of '-f/ lo,tc.Jl� 2000at �£.� �- {� _I CVl,, ' rvl I �,-G:� Signed by For the Government of Belize on the 2000 at day of Signed by Gove for the 2000 at Si9ned by for the 2000 at (3.0� Government of St. Ki � and Nevis on the I 4:: day of �c..J__ <]J::", l� � � -f� for the Signed by ?

2000 at 8.a_s� �- � e>v-vL � .

� ,,,.5!�4, Government of Saint Lucia on the /-ff:-day of 'ft'"<..C,µ...cfl._ (\,../,) } 47.
Signed by �� � for the Government of S�;(cent and the Grenadines day of Cf(/ 0d>- 2000 at f!

:o_� ......_/ ---,-;,r- on the I, 4- S;t-, �� • � Signed by for the Government of The Republic day of 2000 at of Suriname on the Signed by for the Government of The Republic of Trinidad a Tobago on the / 4-.fi:C' day of Qrl o.,,._c.fL_ 2000 at f?
:µ_c;.� Qr-.� � � DECLARATION The representatives of the undermentioned Governments hereby declare their intention to apply provision ally the provisions of Protocol VIII: Signed by for the Government of Antigua and Barbuda on the day of 2000 at Signed by for the Government of Barbados on the 2000 at day of Signed by for the Government of the Belize on the 2000 at day of Signed by for the day of 2000 at Government of The Commonwealth of Dominica on the Signed by for the Government of Grenada on the 2000 at day of 48.
Signed by for the ·Government of The Co-operative Republic of Guyana on the day of 2000 at Signed by for t/1e Government 2000 at of Jamaica on the clay of Signed by on the for the Government of Montserrat 2000 at day of Signed by for the Government 2000 at of St. Kitts and Nevis on the day of Signed by for the Government 2000 at of Saint Lucia on the day of Signed by for the day of of St. Vincent and the Grenadines Government on the 2000 at Signed by for the day of 2000 at Government of The Republic of Suriname on the Signed by for the Government of The Republic day of 2000 at of Trinidad and Tobago on the ANNEX I DEFINITION OF DOMESTIC INDUSTRY 1.
For the purposes of this Protocol, the term "domestic industry" except as· provided in paragraph 4, be interpreted as a whole of the like products or to the as referring to those of them whose shall, producers domestic collective output of the products domestic production to the exporters subsidised or "domestic or importers dumped product industry" of those products, constitutes a major proportion except that when producers of the total are related or are themselves or a like product from other countries, of the allegedly the term importers may be interpreted as referring to the rest of the producers.
be divided question, of the product the territory within such if (a) the producers circumstances, each market may be regarded of a Member State into two or more competitive 2- In exceptional may, for the production in markets and the producers within industry production market is not to any substantial question be found to exist even where a major portion of the total domestic industry not injured, provided there into such an isolated market are causing such market.
is a concentration further of the product in s, injury may is of all or almost all of the production market sell all or almost all of their In such circumstance and (b) the demand in that for dumped imports that the subsidised in the territory.

degree supplied of subsidised as a separate to the producers in that market, and provided by producers in question elsewhere located within injury imports as referring duties shall be levied only on the products has been interpreted 3.
When the domestic to 2, consigned to that area.

When the constitutional industry the producers in a certain area.

i.e., a market as defined in paragraph countervailing for final consumption levying Member State does not permit the such a basis, limitation cease exporting otherwise assurances cannot be levied in question.
to Article 30(cc) or 30(00) and adequate not been promptly given, and (b) such duties only of (a) the exporters at subsidised of countervailing may levy the relevant the importing Member State law of the importing or anti-dumping shall have been given an opportunity or dumped prices to the area concerned or producers which only on products of in this regard have give assurances duties without supply the area in question specific pursuant on to 4.
Whenever an investigation is being undertaken by the Community extra-regional the industry paragraph on behalf of the domestic imports, the domestic referred to in paragraphs 8(a) of Article XXIV of GA TT 1994. industry which has alleged injury from industry 1 and 2 consistent in the CSME shall be taken to be of with the provisions ANNEX II CONSULTATIONS 1.
As soon as possible after an application and in any event before accepted State whose products may be subject.to with the aim of clarifying consultations agreed solution.

the initiation of any investigation, for an investigation a Member shall be invited for is such investigation, the situation and arriving at a mutually 2.
Furthermore, opportunity to continue consultations, throughout the period of investigation, of the investigation a Member afforded a shall be with a view to clarifying the products are the subject State whose reasonable factual situation and to arriving at a mutually agreed solution.

3.

Without prejudice for consultations.


these provisions to the obligation regarding to afford reasonable consultations are not the authorities with regard to initiating of a Member State from proceeding preliminary reaching the investigation, or whether affirmative or negative, or from applying in accordance with the provisions of this opportunity intended to prevent expeditiously fin3f determinations, provisional Agreement.

or final measures, 4.


The Member State which intends such an investigation is conducting State whose products confidential evidence, data being used for initiating or including any are subject to initiate shall permit.

upon request.

any investigation the Member to such investigation access to non­ or non-confidential summary of confidential conducting the investigation.

ANNEX 1//(a) ILLUSTRATIVE LIST OF INFORMATION REQUmEDBYARTICLEJOµ� (i) and a descr;ption of the like product by the applicant.
of the volume and value is made on behalf of the domestic industry, Where the of the applicant production The ;dent;ty of the domestic a-written appJ;cation application is made by a list of all known domestic of domestic associations extent possible, production a description of the Uke product accounted shall identify the industry producers producers of the like product) of the like product (or and, to the of the volume and value of domestic for by such producers; on behalf of which the application (ii} a complete description or countries of the country each known exporter or foreign the product importing in question; of the allegedly subsidised product, the names of origin or export in quesUon, the identity and a list of known persons producer of (iii)evidence with regard to the existence, amount and nature of the subsidy in question; (iv)evidence Jhat alleged mJury to a domestic industry is caused by imports through subsidised includes subsidised product imports on domestic indices information imports, in the domestic having a bearing the effects of the subsidies; this evidence on the evolution the effect of these imports on prices of the like of the volume of the allegedly market and the consequent industry, as demonstrated on the state of the domestic by relevant factors impact of the and industry.
ANNEX Ill (b) ILLUSTRATIVE LIST OF INFORMATION REQUIRED BYARTiCLl= 30 (JJ) (i) and a description of the like product of the volume and by the application is made 011 behalf of the shall identify the industry is made by a list of all known on production industry, Where a written of the applicant The identity value of the domestic applicant.
domestic behalf of which the application domestic domestic possible, production producers producers of the like a description of the like product the application product) and, to the extent of the volume and value of domestic accounted for by such producers; of the like product (or associations of (ii) description A complete names of the country the identity list of known persons of origin of each known exporter importing or countries of the allegedly the product or foreign producer and a in question; dumped product, the or export in question, (iii) of origin or export (or, where appropriate, on prices at which the product consumption in question markets is sold • of the in the domestic Information when destined for country or countries information country countries, information at which the product the territory or countries on the prices at which tile product is sold from the or export to a third country or value of the product) and or on the constructed on export prices of origin or.
the prices or, where appropriate, buyer in resold to an independent Member State; of the importing is first (iv) the effect of these imports of the volume of the allegedly on prices of the like impact of in the domestic market and the consequent on the evolution Information dumped imports, product the imports in Article 30(ii).

on the domestic indusfly, such as those referred to ANNEX IV PRODUCT COVERAGE1 1.
This Protocol shall cover the following products: (i) HS Chapters plus*; products 1-24 /ess fish and fish products, forestry and forest (ii) HS Code HS Code HS Heading HS Headings 2905.43 2905.44 33.01 35.01 to 35.05 (albuminoida/ (mannitol) (sorbitol) oils) ( essential starches, substances, modified glues) agents) (fishing n.e.p.)

(sorbitol 3809.10 3823.60 HS Code HS Code HS Headings 41.01 to 41.03 (hides and skins) HS Headings 43.01 HS Headings 50.01 to 50.03 (raw silk and silk (raw furskins) HS !
;leadings 51.01 to 51.03 (wool and animal hair) waste) HS Headings 52.01 to 52.03 (raw cotton, HS Heading 53.01 HS Heading 53.02 waste and cotton carded or combed) (raw flax) (raw hemp) exhaustive.

The product descriptions in round brackets are not necessarily ' The product coverage is the same as that of the vVTO Agreement on Agriculture.

ANNEXV OA tH OF OF/=lCE I .


.......................... ... do hereby swear (or solemnly exercise of Commissioner fear or favour, affirm) of the Competition .......... or ill-will.

affection the office that I will faithfully Commission without (so help me God (to be omitted in affirmation)).