Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698074960154.pdf (Guyana)
PROTOCOL AMENDIN I THE '··,,� TREATY ESTA-BLISH/NG THE CAR BBEAN COMMUNITY I OL/CY) ( PROT<?COL IV: TRADE f PROTOCOL AMENDING THE TRFA TY ESTABLISHING THE CARIBBEAN COMMUNITY (Protocol IV: Trade Policy) PREAMBLE The Parties to the Treaty Establishing the Caribbean Community (hereinafter referred to as "the Member States): Determined through the creation Convinced to continue of a Single Market and Econom ,· the deepening'of regional integration to international and for enhancing investment the ouality Conscious that participation are essential for regional i in internati of fife of the peoples no/ trade and acce:is e anomic development o� the Community; market will create favourable of goods on an internationally conditions basis; competitive for sustained, morket-led Mindful that a fully integrated a�d fiheralised internal production that co-operation and joint action relations with third States and in establishing administrative the international are essential trade of Member $tales.
and intraregional procedures and services appropriate Have agreed trade m developing and of regulatory for the development as follows: ARTICLE I Use of Terms 1.

In this Protocol unless the context otherwise requires: "Community" includes the Caribbealn Smgle Market and Economy to be established the Caribbean replacing as amended by Protocol "Community Origin" I; by the Protocols amending Common Market Annex to the Treaty, or !
Rules of Origin set out in Article VIII; means origin with the which complies "the Council for Finance and Planning" , of the Community I: amended by Protocol so named in Article 6(2)(d) means the Organ of the Treaty as "the Counc!I for Trade and Economic Development" means the Organ so named in Article amended by Pro:ocol of the Treaty, as 6"2)(/J) I; "the Legal Affairs Committee" means'the subsidiary 10(1) of the Treaty; I named in Article body so "Secretary-General" Comr, ;unity; means the seJelary-General of the I means the Treaty estabti4hing the Caribbean "Trea.
:y" Community 1973 and includes either pmvisic.nally Treaty").

signed at Chaguaramas any amendments or definitively o_r the 4th day cf July thEyeto which take effect (here.in rrJferred to as "the 2.

In this Protocol a reference to Protaco!

amending the Treaty and signed at Antiguti I 1s a referencr=: to the and BArbuda on 19 Protocol February, 1997.
ARTICLE 1/ Amer,c',-,rnnt The provisions of this Protocol shall replace 3 except Ar"/Jcles Carib/jean hereinafter Common Market Annex to tha Treaty, provided.

19 and 30 and Chapter 4 and the schedu/es Article 61 Cha;Jfer to the and faf<e effect as ARTICLE JI/ Change of Title 1.

Substitute the followii:g for Chaptpr Three - "Tracie Liberalis-::ition'', and C-.
"iapter Four -"Common PrDtect!ve ,Do/icy".· "Chapter Three -Trade Policy"; ARTICLE !V new Articie Insert I to read as fol!ov<:ls: Objectives of the Community Trade Policy Artie le 13 1.

The goal of the Community Trade Policy shall be the sustained growth of intra-community exchange Community and third States.

of goods and services among Member States and between the and international trade anrf mutually beneficial 2.
In fulfilment of the goal set out in pa rag aph 1 of this Article the I Community shall pursue the following objectives: (a) fu!J integration of the national arkets of al/ Member States of the Community into a ingle unified market area; and open (b) the widening of the market are of the Community: (c) the active promotion competitive of ex art of internationally ithin the Community; goods originating (d) the securing terms of trade for of the most favourabfe goods exported to third States and groups Community of States.
3.

Community shall: In order to achieve the objectives dr its I Trade Policy the (a) undertake: (i) the establi$hment of : ,-;ommon instruments.

common services and l11e joint regulation.

of the operation internal and extemc1,/ commerce of the CAR/COM Single Mark�t and Economy.
and efficient administration (ii)where possible, the e{Tlpfoyment of common strategies negotiating mutual/y States and groups of States: beneficial trade �n the development of agreements with third (iii) participation and joint representation as in international 1ions which negotiate, appropriate organisa apply disciplines trade: regional gove,rmng and regional establish international and and (b)prohibit the imposition on imports and restrictions origin.
Community by tember States of new of exports of products !

4.

Member States shall eliminqt9 existing {estrictions on imports and exports of goods of Community Treaty.

origin, other than those authorised by this ARTICL.E V 3 and �4 with the � �eplace Articles � Article 14 of External , ·· Co-ordination Trad� Policy 1 following: 1.

Member States shall co-ordinate the)trade policies with third States or groups of third States.

2.
2.

The Community shall pursue the negot.ation on a joint basis in accordance of external with principles trade and and economic agreements mechanisms established by the Conference.

3.
3.

Bilateral agreements pursuance of their national strategic to be negotiat interests l shall: d /Jy Member States in (a)be without prejudice to their obligations under this Treaty; and (b) prior to their conclu�ion, CAR/COM Secretariat 1 prejudice CAR/COM States vis-a-vis by the be su1ject that tf e agreement does not f a disadva,rtage the position or place a the rreaty.
to certification of other negotiated, Development 4.- Where trade agreements involving the prior approval of the Council for Trade and 5conomic tatff concessions are being 5.

Nothing (COTED) shall be requireq.


I with neighboring than that accorded not groupings rovided that treatment shall such groupings in this Treaty shrll preclud Belize from concluding to third States Vi(ifhin economic to Member States of the Community, and that the cirrangements arrangements less favourable be accorded make adequate of CAR/COM from the countries provision to guard against of such groupings the def!e;_ction of trade into the rest fhrough Belize.
ARTICLE VI Replace Article 31 with the following: 5.

15 Establishment "Article of Common External Tariff Member States shall establish and maintain of all goods which do not qualify with plans and schedules a common for Commumty sAt out in relevant external tariff in respect ,treatment determinations in accordance of the COTED."
ARTICLE VII Replace Arlicle 32 with the followmg: Operation of the Common External Tariff "Article 16 1. , Any alteration or suspension on of the Co�mon External Tan'ff uny item shall be decided by the COTED.

2.
2.

Where: (a)a product is not being produced in the Community: (b) the quantity Community Community; of the product does not satisfy the demand or in the b ing produced of the (c)the quality of the product be 'ng produced in the or a Community is below the Com unity standard standard the use of which is auth;orised by the COTED, the COTED may decide to authorise Common External Tariff in respect terms and conditions product than similar imporled from third States be accorded in Member States.
products produced of the of that roduct subject to such th t in no case shalt the mon favourable as it may decide, or suspension the reduction ofimporls provided treatment 3.

The authority referred to in paragra h 2 to suspend the Common External Tariff may be exercis.ed behalf of the CO TEO during any period between me�t,nas of the COTED.

Any exercise of such authority by the Secretary-General to the_ next meeting of the CO TEO.

shall be reported on by the Secretary-General shall, 4.
Each Member State a Competent for the purpose Common External Tariff, appoint notified to the CO TEO.

of administering the Authority which shall be a.

_ _.

5.

The COTED shall continuously Tariff, in whole or in parl, to assess its irripact well as to secure its uniform implementation parlicular, day administration by reducing of the Tariff."
the need for discretionary on production review the Common External as and trade, the Community, in in the day to application throughout i y111 ARTICLE Replace Arlicle 14 with the fol!owig: "Article 17 Community Rules of Origin a 1.

Subject to the provisions of this Article, goods that have been consigned from shall be treated Member State to a consignee in apother Member State as being of Community origin, wher.
the goods: (a)have been wholly produced with ·n the Community; or (b) have been produced within the Community wholly or ft parlly from materials imporle a Community or from materials anlial a process which effdcts characterised: r om outside Ll1e origin of rdetermined subs by transformation (i) by the go(!ds b_eing classi lied in a tariff heading different from that in hich any of those materials is �la,ssified; or t (ii)in the case of the gc·ods set out in the List in I to t(lis Schedule to as "the List'), only by sa�isfying therefor specified.
ProtocoY (hereinafter referred the conditions 2. ne Member State to Goods that have been consigned in another purpose of re-importation orif Member State for mpair, reno ation or improvement fromfl m. to the fvJember State from which t ey were exporled, nner as goods which y, in like that the goods are reconsigned directly a consignee shall, on their ret�m treated for the are of Community to that Member State from which they were expo�ed and the value of materials which have been used in the process does not exceed: the Comrm.nity of repair, origin or of undetermined imported from outside or improvement origin, provided renov�tion be 7 .. (a) in the case where the goods rave undergone process of repair, renovation Developed Country, 65 per cent of the cost of repair, renovation case the in a More or improvement: or improvement (b)in the where the goods ave undergone process of repair, Developed renovation Country, or improvement.
renovation or i provement 80 per cent of the cast of repair, the in a Less 3.

Where there is an interruption and the manufacturer origin is that of "wholly produc d" or "produced from or inad1quacy of supplies of goods, fa which the qualifying of is unable by reason of circumstan es beyond his control of the regional materials, he shall so inform the materials for Community materials", regional condition regional to obtain supplies Competent Authority.

4.
4.

The Competent Authority shall: (a) after receipt of information fro I the manufacturer.
cause investigations he is satisfied manufacturer a General in the prescribed is just(fied, tb be made Tnto the matter, and if that the representation from the sub�f t to the Secretary­ an application instrumr3nt for certificate provided for in thisAicle; (b)at the time of making th A applic lion, inform the other o the supplies Member States of the inability obtain the Community specifications during which the materials to from within of the required materials with respect an f of the materials s7ught and the period [ tc quantities are required.
tf1e manufacturer 5.

The Secretary-General on receipt shall, f the application from the Competent Authority: (a) make the relevant means from the Compe�ent forthwith possible other Member States as to their ab1!1ty required materials a enql!lirfc[; in the to supply the and by the manuf�cturer; by /he quickest :.uthorities (b) request Authority within his enquiry.
reply to the enquiry from each Competent seven calendar days ofthe despatch of A, 11 I in 6. c6�etent Authority :h�II reply to enquiry referred to paragraph"5 wittfin the time specified.

7.
1 on the basis of his Where the Secretary-General, is satisfied that the application he shall, consideration, investigations, Auttiority justifies favourabl� may not have' received States, the Competent Competent Community, a fourteen calendar Authority, y authorising to such conditions Authorit subject issue, on beha(f of the as he may t inf< receiv�d reply to his enquiry fron one or mrire f1ember a days after the receipt of 'he application from the Competent '' otwithstanding [ I COf ED, the the use of like ma ennls from outside certificate fit to impose.
from to the within that he I 8.

The Secretary-General shall inform ember States of the including issue of his certificate, notwiths anything tanding goods manufactured Community shall be deemed to be of Community from like materials impo ed from outside the o to the contrary in the pr, visions , aft ching thereto any conditio· gin.

and that of this Article, 9. r A Member State may treat as of Com from any other Member Stale are accord d the same treatment.
any imports consigned from another Member State, provide that the like imports consigned Member States ·concerned arrangements concluded as it deems fit, recommend to the Member States oncerned the adoption of alternative shall prompt/� inform the COTED of any trading pursuant and the COTED may, to thi?

paragrap arrangements.

unity origin trading l � 1 O.

The provisions of Schedule The COTED shall keep the Schedule I shall apply to and have effect for and, in of this Article.
the purposes the List under continuous revi�w, particular, e t�e achie�ement of the objective in order !o ens L!

.� · and m�y amend the Schedule of the Community.

7 !

11.

The issue of a certificate be reported by the Secretary-General COTED next following the date of issue thereof."

ARTICLE IX � with paragraph in accordanc shall to the COTEat the Meeting of the : :� '.nsert : .�� :.

w A�ic!e to read as fo11 ws: rt 1 xp:: ;:;:tion � 1.

The· COTED and export promotion of goods and seNices.
shall adopf appropriate measures for the 9.

2.

In the implementation the COTED shall give consideration of measures to: to promote such exports, (a) the establishment information systems and services.

and maintenano� of rffecti ve trade (b) (c) the design and implementation programmes of trade m and the organisation the conduct including of trac/e of market research '·ssions; facilitation and supporting co-ordinating Member States in internationa trade fairs and including ARTICLE x I exhibitf°ns."
i th active participation of trade promotion fora.

Replace Article 15 with the following: General 19 Provisions "Article on Trade Uber /isation 1.

Member States sha/1 establish and maintain a regime for the free movement of goods and services within thb C'..rngle Market and Economy.

2.

Each Member State shal{ refrain fr�m trade policies the object or effect of which is f� distort corpetition, frustrate practices, movement of goods, or otherwise Member States are entitled under this Treaty.
nullify or impair benefits to which other and free 3.

Upon the entry into force of this Protocol in their territories ,'Ile Member States iOns on imports or any new res(ricf in this Treaty."

origin save as otherwise provided shall not introduce exports of Community ARTICLE XI I Replace Article 20 with the folfowing: "Article 20 Freedom of Transit 1.

Member States shall grant freedom' of transit within the Community with respect to goods and vessels and other vehicles transporting those goods.

10.

2.
10.

2.

For the purpose the passagf:; of goods and of vessels those goods: of pai-agrf;Jph 1 of thik Article, and aircraft anb vehicles (T')eans tranc-;f transporting (a) through or across the frontier Member State; I R of (b) with or without transhipment, breaking yvam/Jousing, bulk r change of rrJ .� a ode of tran .

a journey beginning of po,t.

portion r and terminating where the passage is only beyond its frontier.

3.
3.

In granting freedom of transit within th� meaning of paragraph 2, Member States: i (a)shall ensure that thwe are no µnnecessary delays 1 and that goods, restrictions vehicles traosportinfJ charges for transport, rendered; 1 or aircraft and only to those go ds are subject vessals.
handli g, and other services I (b) shall not discriminate based Jn the flag of vessels, or exit or destination place of origin, depf;Jrture, any circumstance vessels, relating or vehicles; entry, to tHs ownership \ or aircraft of goods, (c)shall, with respect to regulation's, formalities, and fees other service charges in connection ensure that treatment is on terms no all other Member s:ates."
extended favourable ·1 tha less to any Member State those extended to with the transit, ARTI:;LE Xii : Replace Article 15 with the following.

"Article 21 Import Duties 1.

Save as otherwise provided on goods of Community not impose import duties in this Treaty, origin.

Member States shall 2.

Nothing extend to the imposition products or a substitute of non-dis,:;riminatory infernal not produced in the importiiJg shall be construed charges on any Member State.

in paragraph 1 of this Article, to 13.


"Article Internal Taxes and Other Fiscal Charges 24 1.
'not: Save as otherwise provided in this Treaty, Member States shall (a) apply directly Community applied othe!vVise domestic goods; or directly or indirectly tq imported goods of origin any fiscal charges in excess of those to Ii e domestic goods, or apply such charges so as to protect like or indirectly (b) apply fiscal charges to importe goods of Community of a kind which they do hot rroduce, origin they do not produce {n substanti�I way as to protect the domestic which enter into direct do not bear, directly importation, competiti or indire � charges fiscal n with them and which tty, in the country of or which in such a qL:mtities, of e uivalent incidence.
pfioduction of substitutes the COT5D of all fiscal 2.

A Member State shall notify by it where, although or collection the rates of charge, or t�e conditions applied the imposition of the charge, imported goods and to the like domestic the charge considers sub-paragraph at the request application are not identical goods, the Af ember State applying that the charge is, or has been1:17ade, consistent Eac,h Member State shall, (a) of paragraph of any other Member State, supply,info,mation 1 of this Article.
I of this Article.

of paragraph about the with charges governing in relation to the 3.

For the purposes charges taxes and other internal of this Article 'fiscal wit/1 .,quivalent charr1(Js' effect 1.in goods."

means internal ARTICLE XVI Replace Articles 21 and 22 with the following: "Article 25 Quantitative Restrictions 1.

Save as otherwise XIX, XX and XX!, and in Schedules Articles shall not apply any quantitative which are of Community origin .
provided in this Trerty, II, Ill and IV, a Member State on the importation of goods restnctions and in particular 2.

Except where otherwise and restrictions it) Articles particularly not apply any quantitative and in Schedule on exports to a11� XX!, XX 1 Ill, a MAmber State shnl.

other Mnmber State provided in this Treaty, and 1 3.

This Article shall not prevent any Men�bu, .Stal<!


from tnl<iny such measures restrictions provided than to countries which it applies that less favourable outside of any prohibitions as are necessary to prevent 1 ports to third or States is not gran ed to Member States to imports from or e1 treatment the Community.

,evasiorl 4. ;,Quantitative restrictions" imports into, or exports from.
any other Member State, import licendes whether meas�res with equivalent effect, including I restricting administrative imports or exports."

made effective through quotas, or other measures and requirements means prohibf tions or restricti as the case may be, ons on ARTICLE XVII 29 Replace Atticle with the fo!low1r1g· Difficufti,es by Particula Imports "Article 26 Occasioned 1.
Wherever imports of any product if eluding product into a Member State cause serious agricultural of serious injury to domestic products in any industry or specific Member State shall be free to impose restn"ctions if producers of like dr directly sector of any ihd11.stry, the importing in rispcct of such product injury or the threat any primary I competitive (a) the import of the product in substantial competitive decrease product in demanq, for the like or directly produced wif hin its jurisdiction; and � uestion results a in (b) the decrease in imports consigned in demand is directly linked to an increase from anotAer Member State.
2.

Where a Member State decides I, it may provisionally, until cl determina its rights under fion by the COTED is to exercise paragraph made: (a) limit imports of the product ofj Community origin by restrictions means of quantitative the rate of such imports during any period of 12 which ended entered restrictions into force; months before /he rfate on which the rate not less than 12 months a at 14.

15.

0 ,.
15.

0 ,.

(b) take such other measures either instead of or in addition to quantitative restrictio'ns in accordance with sub-paragraph (a) as the COTED may authorise; 3.

In applying the restrictions in accordance with paragraph 2. a Member State shall not discriminate among the sourcP,s of sr ,pply or the nationality of suppliers, and shall give consideratio~ to the proportionate share of the market previously enjoyed by each Me b er Sta te ; 4.
Where a Member State: (a) (b) intends to act in accordance wit paragraph 2, it shall, prior to taking such action, enter ·nto consultations with affected Member States and no ify the COTED of that intention and the nature of the ction; is unable to comply with sub-~aragraph (a) of this paragraph, it shall, in taking th action, immediately notify the COTED of the applic tion and the nature of the action.

5.
The Member State at the tim e of t accordance with paragraph 2 shall submit to the CO such action in (a) such information as is reason ab available, including: .. ' · , c. (i) (ii) (iii) (iv) the identity of the produ ers and the length of time during which the p ducers of the like or in directly competitive pri duct have been production; a complete description of t11e pro cf uct and the annual volume of produc io n; an estimate of the size by volume of the domestic market, the s~re by volume in the domestic market of th domestic product, imports from other Me ber States and from third States; 1 information on changes irl th e level of sales and employment for the peri9ds comparable to the periods during which imJJ?orfs have increased; and !
16.

(v) any other information time to time prescribe: as !he COTED mAy from a (b) programme setting out the mecisures producers to alleviate to be taken to the difficulties theirposition in the domestic assist the domestic they face and to restore market.

6.
6.

The COTED shall give its earliest consideration and: made under paragraph to the submission 5, I a (a) make determination of the, appropriateness of the restrictions and whether theylsha/1 be continued; (b) where it decides that the restri�tions shall be continued, determine period for which the restrictio&s and the shall continue.

the adequacy of the programme 7. a Restrictions applied by Member St�te pursuant to paragraph 2 shall be confined or othernrise eliminate injury.
to those necessary to forestallla threat of serious injury 8.

Member States in applying 1 and: 2 shall not discriminate i restrictio s ;H1rsuDnt to paragraph (a) shall progressively relax them as the relevant conditions improve; (b) may maintain them only to i11e extent that the condit:ons continue to justify mentioned their applic�tion.

in pa�agraph 1 of this Article I 9.


If a Member State has demonstrated Member State under parag(aph tlrnt the imposition 2 has caused injury of by another measures or the threat the first mentioned State maintaining of serious jnjury to domestic Member State may request the restrictions and notify producGrs in its jurisdiction, then Member th9 COTED accordingly con�u/tation with t/Je 10.Where the consultations do not reJutt a the matter may oe referred to the COTED for in a mutually agreed determination.
solution, I 11.

If the C01 ED is not satisfied that Member Ste... -�s apn/ying are acting i:; accordance with the provisions of paragr,ph to the Member State adversely af(ected thereby, 7, it al£ernative restrictions may recommend arrangements to the same end."

17.

ARTICLE XVIII .

I Replace Article 25 with the following: "Article 27 Government Assistance to Economic Development 1 1.

Except as otherwise or introduce: shall not maintain providep in this Prdtocol.
a Member State (a)the forms of assistance part of the Community which V to this Treaty; or to expo� of goods to any other are rescribed in Schedule (b) any other forms of assistance, effect of which is to frustrate such removal or absence of d:f ies and quantitative r eaty.

T by thi'J as is required restrictions I 1the main purpose or expected the lJenefits from I 2.

If the application of any type of assistance /Jy a Member State.
from such rernoval restrictions not contrary to paragraph 1 (b) of this iAr1,cle, the benefits expected as is required although frustrates quantitative to the Member State authorise any 1 which is applying the assistance, of sµch nbligations 1 pro.
this Treaty as the COTED considers eppropriate: always that the vic!ed \ proceoure 11 nf the Caribbean of Article Common Market Annex to the Treaty has been followecl I Member State to suspend, in relation the application by this Treat, the COTED may set out in paragraphs or f;Jbsence of duties and under nevertheless to 3 5 3.

Protocol.

The COTED may amend the provisions of Schedule V of this ARTICLE XIX 26 Replace Article with the followig: "Article 26 Public Undertakings 1.
Except as otherwise provided in this Treaty, Member States shall ensure the elimination in the practices of public undertakings of.
(a)measures the effect of which is to a(ford protection to which woulcf be inconsistent domestic production and with this Treaty if achieved a by means of duty or 18. charge with equivalent effect or quantitauve restrictions or Government assistance; or I (b) trade discrimination on ground{ of territorial origin in so far as it frustrates the bene its expected from the removal or absence of such charges, duties and quantitative restrictions as is ~ qwred by this Treaty.

2.
2.

In so far as Article XVIII of this Pro ocol is relevant to the activities of public undertakings, that Article shall ap ly to them in the same way as it applies to other enterprises.
3. practice which: Where a public undertaking has int oduced a measure or (a) (b) , -, C. .. ·' is inconsistent with paragraph 11; or in Jaw or in effect, results in market, distorts competition o nullifies or impairs benefit establishment of the Single M limiting nccess to any fa ,r trade, or otherwise the expected from rket and Economy, then in such a case the aggrieved Member State may request consultations with the offending Member State and promptly n9tify the CO TED of the request.
The Member State alleged to have i traduced a measure or 4. favourable practice within consideration to a request for consultations by the a grieved Member State with a view to resolving their differences and arriving at a mutually acceptable solution.

the meaning of parpgraph 3 shall give 5.


If no mutually acceptable solution is rJached within 30 days of the date of request for consultations, the aggrieved Member State may refer the matter to the COTED, which shall cause an in~estigation to be carried out into the circumstance giving rise to the complai t; the investigation is to be completed within 60 days of the date of receipt of the complaint by the COTED.

I 6.
I 6.

The COTED shall, upon receipt of the report arising from the investigation, make available the report to the Member States concerned to facilitate consultations and to permit them to reach a mutually acceptable solution.

.. 19.

7.

·" If no mutually kom the date of submissio acceptable days starting concerned and the COTED is parties·· aggrieved Member States under paragraph denied, withdraw then the COTED shall request the offendir,g the measure or practice, as the case may be.
1 have bc(�in is reached sc.fution at the end of 15 n of the report by the COTED to the that the rights of the satisfied Member State to unreasonably 8.

If the offending Member State referred of the COTED within )o in paragraph 60 days of the date thereof, fails to comply with the request then the COTED may authon'se Mem'"Jer State which is applying such provisions of this Treaty a.

Member S(ates to susrend.


in relatio the measvre or pract{ce, the application r: the COTED may de idc n to the of 7 9.-Member States shall ensure that new practices of the kind described in paragraph 3 of this Article are not in trod ced.

10.

For the purposes of this Article, or local government authorities, by means of which a Member Stat1 by law or in practice means undertakings' publrp enterprises and any 'public regional, central, other organisation controls of the Community."
or appreciably influences imports from, or exports to any other patt ARTICLE XX Replace Article 23 with the followi i g: r "Article ?.9 General Exceptions Nothing in Article XVI of this Protocol s11all the prevent adoption or enforcement by any Member State of measures : .
I I (a) {b) necessary to protect public mora'/s; necessary prevention for the preservation of crime,· of public order or the (c) necessary to protect human, animnl or plant life or health; (d) necessary to secure compliance regulations relating grading classification, operation of monopolies or enterprises given exclusive with laws or or to the of goods, or to the to customs enforcement, or marketing or special by means of state enterprises pri'lileges; 20.

(e) necessary to protect inte.


'lectual deceptive practices; property or to preven: (f) relating to gold or siiver; (g) relating to the products .�f prison rabour; (h) relating to child labour; (i) imposed for the protectio.1 artistic, of national or archaeologicaJlvalue; treasures historic of c necessary to prevent or relieve o.r Member State; in any exoorting � rica/ food shortages relating prese,vation of the environment, to the conservation of nat(.m.1!
reso1,-rces or tile I but only if such measures are not used as unjustifiable restriction discrimination on trade within the Community.

between Member States, or as a disguised a m�ans of arbitrary or 2.

Measurns taken by fv,Jmber States pursut,n!

to paragraph 1 shall be notified to the COTED.''

ARTICLE XX/ Replace Article 24 with the fo!lowinp: "Article 31 Secu, ity Exceptions 1.

Nothing in this Treaty shall prevent an) Me1:1be1 State from taking ar.tion security interest s. which it considers !
necessar1 for the protectJOn of its essential 2.

Nothing in thi� Treaty shall pr6 ,1;3nt an.J Men .ber State from taking action in pursuance of any obligations purpose of maintaining international psace and security."

to whi;h it is subject for the ARTICLE XX/I 27 Replace Article with the following: 21.

·" .. Co-operation in Customs Administration "Article 32 1.

Member States shall co-operate n and application of Articles with each other to ensure that VI, VII, j VIII XI, XII, XIII, XIV.
their interpretatio XV, XVII/ and Schedule applied, particularly I of this Treaty are effectivr;ly and harmoniously with respect to provisions relatin' to: (a) effective customs systems and rocedures governing the movement of goods, people and conveyances across customs borders: I (b) maximising customs administrations agencies to combat customs offences.

the effectiveness oifi an with international d other cross-border co-operation among a 2. legislation Protocol.
and customs CO Member States undertake hannomsed customs 1 procedures to estabtish wit� thf' prov in accordance sions of this I 3.

The customs administration pf procedur TED shalt establish �s for co-operation 1 in paragraph this Article."

in as described ARTICLE XX/II Insert new Article to read as follows "Article 33 Notification Where in the Protocol Community, provision is made for notification shall b� effected the through to an such notification Organ of the Secretariat."
ARTICLE XXIV Insert new Article to read as follows.· "Article �4 Deposit relating Member States to trade 0r aid concluded shall deposi( by them."

with the Secretariat, agreements LL.


ARTICLE)fXV Signature on the 5 th This Protocol day of March 1999. shall oe open for siC"nature by the Member States ARTICLE XXVI Ratification This Protocol shall be subject to ratifica:ibn by signatory States in accordance with of ratification certified shall be deposited copies to the Government their respective constitutional probedures.

lnstrwr.

ants with the Secretaria l which shall transrnit of each Member ftate.

ARTICLE XXV/1 Accession to this Protocol.


which the Any Member State other than a signc.. An Instrument of Accession .

.L.ry ::;fate shall tak-� effect en the date on may ac·�ede Instrument is deposited with u;e Secretari 1t of the Community.

ARTICLE XXV/11 Entry Into Force which th.e last Instrument of Ratification is deposited �1itl1 the Secretariat.
This Protocol shall enter into force one n7onth after the date on ARTICLE XXIX Provisional App.f ication I 1.. A Member State may, upon the signind of this Protocol or at any later date before it enters into force, declare provisionally.

it9 intention to apply I{ I 2.

Upon such declaration by all Member St�tes, the provisions of this Protocol shall be applied accordance with Article XXVi/1.
I provisiona/fy pending Vts entry into force in that be/1alf IN WITNESS WHEREOF the undersigneri Governments riuly H11thon;- th:; Pmtocol have execl:.

'"d by their respective rr1111 DONE at _________ on the ________ aay of _____ 1999. f Antigua • II f-L.c- and Barbuda on the I I 3 0 .,_, � n ' n fl_ 11 .--;:-- 1999 at /\..L. �<;. )

� Signed by for the Government of Barbados on the � � 'day of 1999 at !� � � � �-�:v�....._�0-..J.._. r.� () � � Signed by aJ2, � () 1999 at \� -� � � Signed by (/\,.
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:;--' for the Government of the Commomvealth of DominJca on (he --1 � 1999at �- t �,-:::i :_,____,� O--L�7 dayof � Signed by ·" for the Government of Grenada on the day of 1999 at Signed for the Government of the Co-operative Republic the day of er� 1999 at�- � --� ·�\.:�.
,k1..__, c�.cr ---�-r�- J2'._ __ � of Guynn a on � Signed by for the Government of Jamaica on tr.e '1 � day rjf �4 1999 at k-c:>£--1� � \·:'��· � oJ__:-C-� Signed by for the Government of Montserrat on ihe d,1v of 1999 at �,'-{£ Signed by r - i for the Government of St. Kitts and Nev on the 1 · · dav of .., � 1999al �-"i;?,���cL"".L,�k� DECLARATION The representatives of the under-mentinned Governments hereby declare their intention to apply provisionally I the provisions I of Protocol IV Signed by for the Government o Antigua on 11,e and Barbuda 1 � 4,k-- clay of �� 1999 at _,k�� I ,, � o__J_ B,,___� (� '11 · day of 1999 at �-<1,-�,��� 1 c:- :...,- =:::: --ir- c:::::;::=o f B-el iz-e-o th-e--(a� clay of � 1999at ��-'t\-� �GvL I l �� Signed by Signed by for the Gove Signed by for the Government of the Commonwealth of Dominica on the � tr day of , 1999at �- °'{)Q_��a,.,.L�.,.-- Signed by.
A� .£}_ � -rv;K � of Saint Lucia on the "1 fE"I day of • for the Government � 1999al k-��.

'1:h.-c"J,..J_,0--.L� S. 1gned by for the Govemm nt of St. Vincent .�� day of� � 1999 at �- 4{ �) 11....vLd.a.d_ t�e -:' ·t-t::-- .-,-- J._ �� ,,, r;?t and the G,.eenadij1es I Signed by for the Governrnent of The Republic of Suriname oh tlw day of 1999 at Signed by � .J for the Gov,emmen e Republic of Trinidad aRIJ Tobago on the '1 ti<:-" day of � .

1999 at k -e'f'1 .- � ll"l .

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Signed by for the Govemm(,nt of Grenada on the (lay of 1999 at the Co-operative bfic of Guyana on the for the Government of Rep I� dayof�� 1999at � � .

---u .- -9t·' � '-v�- Signed by for the Government of Jamaica on the day of·� '"'--� � � Q:,----' , Signed by for the Government of Montserrat on the day of 1999 at Signed by for the Government o St. Kitts and Nevis, n Jthe -1 � day of 1999 at� 4J:/; �' '.
}J,�� � � � )II Signed by Signed by and the for the Government of St. Vincent �r 0 day of� � 1999at �-'1 �--r��� nadines J on the ·1 re-- .

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Signed by for the Government of The Republic on the of Surir�bme day of 1999 at Signed by for the Govef]]JJ?e of The Republic of Trinid 1 d and Tobago on the _/ day of "-J � I 1 1999 at .

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