WT/COMTD/RTA16/2  
 
24 September 2020  
(20-6493) Page: 1/4 
Committee on Trade and Development  
Dedicated Session on Regional Trade Agreements  Original: English/Spanish  
 
 
ACCESSION OF EGYPT TO COMESA  
(GOODS)  
QUESTIONS AND REPLIES  
 The following communication , received on 18 September 2020,  is being circulated at the 
request of the delegation of Egypt . 
 
 The document reproduces the questions addressed to the Parties and the responses 
submitted.  
 
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Questions from the delegation of Mexico1 
 
Paragraph 4.18  
 
Question 1  
 
• Are there any cases in which a State party has invoked the inapplicability 
established in Article 55 with regard to agreements between economic agents 
that do not operate in strategic sectors or sectors of public interest?  
No response provided by the Parties.  
 
Question  2 
 
• What challenges  are faced by community competition policy with regard to the 
digital econ omy? Is it felt that community instruments need updating to 
address these challenges?  
No response provided by the Parties.  
 
Question  3 
 
• Would the Council observe the rule of reason, on a case -by-case basis, to 
assess consumer welfare against anti -competiti ve practices? Please provide 
the parameters , otherwise.  
No response provided by the Parties.  
 
 
1 Questions submitted by Mexico on 14 July and 15 July 2020.  WT/COMTD/RTA16/2  
 
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  Paragraph 4.19   
 
Question  4 
 
• What are the main provisions established in the COMESA Competition 
Regulation? Has the Council established any other regulation to regulate 
competition , in addition to that of COMESA?  
No response provided by the Parties.  
 
Questions  from the delegation of Thailand2 
 
Question  1 
 
Section 4.11  
• Regarding  investment protection, does the Agreement include the Investor –
State Dispute Settlement (ISDS)?  
No response provided by the Parties.  
 
Question  2 
 
Paragraph 4.22  
 
• With reference  to the second sentence of paragraph 4.22 stating that "They 
agree to conclude  a Protocol on the Free Movement of Persons, Labor, 
Services, Right of Establishment and Right of Residence. ", could Egypt share 
with members the details of the Protocol, including target date of conclusion 
and issue coverage?  
Reply from Egypt : The COMESA Protocol on the Free Movement of Persons, Labor, Services, the Right 
of Establishment and Residence was adopted in 2001 by the COMESA Authority of Heads of States 
and is in the process of being signed and ratified. The Free Movement Protocol was de veloped with a 
vision towards the operationalization of the COMESA Common Market and its objective is to remove 
all restrictions to the free movement of persons, labor, and services and provide for the right of 
establishment and right of residence.  
 
For mo re information in this regard kindly visit the following website:  
https://www.comesa.int/programme -activities -immigration -and-free-movement -of-persons  
 
Question  3 
 
Section 4.16  
 
• Does COMESA  have plan to include "E-commerce " provision in the Agreement? 
Can Egypt have a bilateral FTA with other countries? If it is the case, does 
Egypt have  plan to include "E-commerce " in the future FTA?  
Reply from Egypt :  
 
• COMESA Member states are currently in the phase of implementing Digital FTA 
instruments that support the E -commerce amongst member states.  
• Yes, according to COMESA Treaty, all COMESA Member States including Egypt could 
engage in Bilateral FTAs.  
• Egypt is currently in the preparation phase to adjust its infrastructure for E -commerce, 
including Trade  information portal among others.  
 
2 Questions submitted by Thailand on 15 July and 21 July 2020.  WT/COMTD/RTA16/2  
 
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Question  4 
 
Section 3.5.2  
 
• We would like to seek further clarifications on the event of "serious 
disturbances  in the economy " that a Party may take safeguard measures for a 
period of one year. Please  provide examples for explicit application.  
No response provided by the Parties.  
 
Question  5 
 
Section 3.1.6  
 
• As the Parties agree to the gradual establishment of a common external tariff 
(CET)  within  10 years, after the Agreement enter into force in 1999, and Egypt 
is not yet implemented. When will Egypt plan to implement the CET?  
Reply from Egypt : Negotiations on COMESA Customs Union are still ongoing among Member States 
who face technical issues in migrating to COMESA Customs Union Instruments (CET, CTN, and CMR).  
 
Question  6 
 
Section 3.4.1  
 
• Refer to Section 3.4.1 stating that "The Parties agree to develop and apply 
common policies  on standardization … ". Does Egypt have to adjust any 
measures and procedures which are currently implemented in order to comply 
with the common standardization of COMESA?  
Reply from Egypt : Egypt measures and procedures are aligned with international standards . 
 
Question  7 
 
Section 3.1.6  
 
• Since certain Parties have difficulties committing to a Common External Tariff 
(CET) scheme , what are the procedures or measures (if any) to assist these 
Parties in implementing the CET scheme in the future?  
No response provided by the Parties.  
 
Question  8 
 
Paragraph 3.25 
 
• Referring to Procedures Manual on the implementation of the Protocol on the 
Rules of Origin  for Products to be traded between the Member States of the 
COMESA version September 2002, Chapter 2.10 regarding "Processes not 
conferring origin " explained, "Products resulting from these operations and 
processes retain their foreign origin and are thus not entitled to preferential 
tariff treatment ". Does it mean that production process stated in Chapter 2.10 
apply to imported material with all origin criterions as mentioned in paragraph 
3.25 in order to determine COMESA country origin?  
No response provid ed by the Parties.  
 WT/COMTD/RTA16/2  
 
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  Question  9 
 
Section 4.13 and Section 4.14  
 
• Question 9.1 : What are the differences between Article 4.14 “Environment” 
and Chapter 16 “The development of natural resources, environment, and 
wildlife” under Article  4.13, in terms of the enforcement on rules, regulations, 
and standards in the area of environment in COMESA?  
Reply from Egypt : Paragraph 4.14 and 4.13 in the factual report refers to article 124 in the COMESA 
treaty, which is a sub -section under chapter 16 in the treaty.  
 
• Question 9. 2: Since COMESA  agrees to adopt common environmental control 
regulations, incenti ves and standards, could Egypt share their experience on 
the harmonization  of each member states’ regulations on environment.  
No response provided by the Parties.  
 
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