3. Where an anti-dumping or countervailing measure has been imposed by either Party, there shall be a single forum of judicial review, including at the stage of appeals.
4. Where anti-dumping or countervailing measures can be imposed on a regional basis and on a national basis, where applicable, the Parties shall ensure that such measures are not applied simultaneously in respect of the same product by regional authorities on the one hand, and national authorities on the other.
5. The importing Party shall notify the exporting Party of the receipt of a properly documented complaint before initiating any investigation.
6. This Article shall be applicable in all investigations initiated after this Agreement enters into force.
7. The WTO rules on dispute settlement shall apply to any disputes related to anti-dumping or countervailing measures.
Article 49. Multilateral Safeguards
1. Subject to this Article, nothing in this Agreement shall prevent the EAC Partner State(s) and the EU from adopting measures in accordance with Article XIX of the GATT 1994, the WTO Agreement on Safeguards, and Article 5 of the WTO Agreement on Agriculture. For the purposes of this Article, origin shall be determined in accordance with the non-preferential rules of origin of the Parties.
2. Notwithstanding paragraph 1 of this Article, the EU shall, in light of the overall development objectives of this Agreement and the small size of the economies of the EAC Partner State(s), exclude imports from any EAC Partner State(s) from any measures taken pursuant to Article XIX of GATT 1994, the WTO Agreement on Safeguards and Article 5 of the WTO Agreement on Agriculture.
3. Paragraph 2 shall apply for a period of five (5) years, beginning with the date of entry into force of this Agreement. Not later than one hundred and twenty (120) days before the end of that period, the EPA Council shall review the operation of paragraph 2 in the light of the development needs of the EAC Partner State(s), with a view to determining whether to extend their application for a further period.
4. Paragraph 1 shall be subject to the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU).
Article 50. Bilateral Safeguards
1. After having examined alternative solutions, a Party may apply safeguard measures of limited duration which derogate from Articles 10 and 11 under the conditions and in accordance with the procedures laid down in this Article.
2. Safeguard measures referred to in paragraph 1 may be taken where a product originating in one Party is being imported into the territory of the other Party in such increased quantities and under such conditions as to cause or threaten to cause:
(a) serious injury to the domestic industry producing like or directly competitive products in the territory of the importing Party;
(b) disturbances in a sector of the economy, particularly where those disturbances produce major social problems, or difficulties which could bring about a serious deterioration in the economic situation of the importing Party; or
(c) disturbances in the markets of like or directly competitive agricultural products (1) or in the mechanisms regulating those markets.
3. Safeguard measures referred to in this Article shall not exceed what is necessary to remedy or prevent the serious injury or disturbances, as defined in paragraphs 2 and 5(b). The safeguard measures of the importing Party may only consist of one or more of the following:
(a) the suspension of the further reduction of the rate of import duty for the product concerned, as provided for under this Agreement;
(b) an increase in the customs duty on the product concerned up to a level which does not exceed the customs duty applied to other WTO members; and
(c) the introduction of tariff quotas on the product concerned.
4. Without prejudice to paragraphs 1 to 3, where any product originating in the EAC Partner State(s) is being imported in such increased quantities and under such conditions as to cause or threaten to cause one of the situations referred to under paragraph 2 to one or several of the EU outermost regions, the EU may take surveillance or safeguard measures limited to the region or regions concerned in accordance with the procedures laid down in paragraphs 6 to 9.
5. (a) Without prejudice to paragraphs 1 to 3, where any product originating in the EU is being imported in such increased quantities and under such conditions as to cause or threaten to cause one of the situations referred to in paragraph 2 to the EAC Partner State(s), the EAC Partner State(s) may take surveillance or safeguard measures limited to their territory in accordance with the procedures laid down in paragraphs 6 to 9.
(b) The EAC Partner State(s) may take safeguard measures, in accordance with the procedures laid down in paragraphs 6 to 9, where a product originating in the EU as a result of the reduction of duties is being imported into their territory in such increased quantities and under such conditions as to cause or threaten to cause disturbances to an infant industry producing like or directly competitive products. Such provision is only applicable for a period of ten (10) years from the date of entry into force of this Agreement. This period may be extended by the EPA Council for a period of a maximum of five (5) years.
6. (a) Safeguard measures referred to in this Article shall be maintained only for such a time as may be necessary to prevent or remedy serious injury or disturbances as defined in paragraphs 2, 4 and 5.
(b) Safeguard measures referred to in this Article shall not be applied for a period exceeding two (2) years. Where the circumstances warranting the imposition of safeguard measures continue to exist, such measures may be extended for a further period of no more than two (2) years. Where the EAC Partner State(s) apply a safeguard measure, or where the EU applies a safeguard measure limited to the territory of one or more of its outermost regions, such measure may nevertheless be applied for a period not exceeding four (4) years and, where the circumstances warranting the imposition of safeguard measures continue to exist, may be extended for a further period of four (4) years.
(c) Safeguard measures referred to in this Article that exceed one (1) year shall contain clear elements progressively leading to their elimination by the end of the set period, at the latest.
(d) No safeguard measure referred to in this Article shall be applied to the import of a product that has previously been subject to such a measure for a period of at least one (1) year since the expiry of the measure.
7. For the implementation of paragraphs 1 to 6, the following provisions shall apply:
(a) where a Party takes the view that one of the circumstances set out in paragraphs 2, 4 or 5 exists, it shall immediately refer the matter to the Committee of Senior Officials for examination;
(b) the Committee of Senior Officials may make any recommendation needed to remedy the circumstances which have arisen; if no recommendation has been made by the Committee of Senior Officials aimed at remedying the circumstances, or no other satisfactory solution has been reached within thirty (30) days of the matter being referred to the Committee of Senior Officials, the importing Party may adopt the appropriate measures to remedy the circumstances in accordance with this Article;
(c) before taking any measure provided for in this Article or, in the cases to which paragraph 8 of this Article applies, as soon as possible, the EAC Partner State(s) shall supply the Committee of Senior Officials with all relevant information required for a thorough examination of the situation, with a view to seeking a solution acceptable to the Parties concerned;
(d) in the selection of safeguard measures pursuant to this Article, priority must be given to those which least disturb the operation of this Agreement;
(e) any safeguard measure taken pursuant to this Article shall be notified in writing immediately to the Committee of Senior Officials and shall be the subject of periodic consultations within that body, particularly with a view to establishing a timetable for their abolition as soon as circumstances permit.
8. Where exceptional circumstances require immediate action, the importing Party concerned may take the measures provided for in paragraph 3, 4 or 5 on a provisional basis without complying with the requirements of paragraph 7. Such action may be taken for a maximum period of one hundred and eighty (180) days where measures are taken by the EU, and of two hundred (200) days where measures are taken by the EAC Partner State(s) or where measures taken by the EU are limited to the territory of one or more of its outermost regions. The duration of any such provisional measure shall be counted as a part of the initial period and any extension referred to in paragraph 6. In the taking of such provisional measures, the interest of all Parties involved shall be taken into account, including their level of development. The importing Party concerned shall inform the other Party and shall immediately refer the matter to the Committee of Senior Officials for examination.
9. If an importing Party subjects imports of a product to an administrative procedure having as its purpose the rapid provision of information on the trend of trade flows liable to give rise to the problems referred to in this Article, it shall inform the Committee of Senior Officials without delay.
10. The WTO Agreement shall not be invoked to preclude a Party from adopting safeguard measures in conformity with this Article.
Part III. FISHERIES
Title I. GENERAL PROVISIONS
Article 51. Scope and Principles
1. The cooperation in fisheries trade and development shall cover marine, inland fisheries and aquaculture.
2. The Parties recognise that fisheries constitute a key economic resource of the EAC Partner State(s), contribute significantly to the economies of the EAC Partner State(s), and have great potential for future regional economic development and poverty reduction. They are also an important source of food and foreign exchange.
3. The Parties further recognise that fisheries resources are also of considerable interest to both the EU and the EAC Partner State(s), and agree to cooperate for the sustainable development and management of the fisheries sector in their mutual interests, taking into account economic, environmental and social impacts.
4. The Parties agree that the appropriate strategy to promote the economic growth of the fisheries sector and to enhance its contribution to the economy of the EAC Partner State(s), while taking into consideration its long-term sustainability, is through increasing value-adding activities within the sector.
Article 52. Principles of Cooperation
1. The principles of cooperation in fisheries shall include:
(a) supporting the development and strengthening of regional integration;
(b) preserving the acquis of the Cotonou Agreement and its successor agreement;
(c) providing special and differential treatment;
(d) taking into account the best available scientific information for resource assessment and management;
(e) ensuring functioning monitoring systems for the environmental, economic and social impacts in the EAC Partner State(s);
(f) ensuring conformity with existing national laws and relevant international instruments, including the United Nations Convention on the Law of the Sea of 1982, done at Montego Bay on 10 December 1982 (UNCLOS), regional and sub-regional agreements;
(g) ensuring the preservation of, and the priority of particular needs of, the artisanal/subsistence fishery.
2. Those guiding principles should contribute to sustainable and responsible development of the living inland and marine resources and aquaculture, and to optimising the benefits of this sector for present and future generations, through increased investment, capacity building and improved market access.
3. The Parties shall cooperate to ensure that financial and other support will be provided to improve the competitiveness and production capacity of the processing factories, the diversification of the fishing industry and the development and improvement of port facilities in the EAC Partner State(s).
4. Detailed areas of cooperation are identified under Title IV of Part V.
Title II. MARINE FISHERIES
Article 53. Scope and Objectives
1. The provisions of this Title shall apply to the utilisation, conservation and management of marine fisheries resources to optimise the benefits from fisheries for the EAC Partner State(s) through investment, capacity building and improved market access.
2. The objectives of cooperation between the Parties under this Title are to:
(a) promote the sustainable development and management of fisheries;
(b) strengthen cooperation to ensure the sustainable exploitation and management of fisheries resources as a strong basis for regional integration, given the straddling and migratory species which are shared among coastal EAC Partner State(s), and given that no individual EAC Partner State has the capacity to ensure sustainability of the resource;
(c) ensure a more equitable share of the benefits derived from the fisheries sector;
(d) ensure effective the monitoring control and surveillance necessary for combating illegal, unreported and unregulated (IUU) fishing;
(e) promote the effective exploitation, conservation and management of the living marine resource in the Exclusive Economic Zone (EEZ) and waters in which the EAC Partner State(s) have jurisdiction based on international instruments, including UNCLOS, for the social and economic benefit of the Parties;
(f) promote and develop regional and international trade based on best practices;
(g) create an enabling environment, including infrastructure and capacity building, for the EAC Partner State(s) to cope with the stringent market requirements for both industrial and small-scale fisheries;
(h) support national and regional policies aimed at increasing the productivity and competitiveness of the fisheries sector; and
(i) build links with other economic sectors.
Article 54. Fisheries Management and Conservation Issues
1. A precautionary approach shall be applied in determining levels of sustainable catch, fishing capacity and other management strategies to avoid or reverse undesirable outcomes such as over-capacity and over-fishing, as well as undesirable impacts on the ecosystems and artisanal fisheries.
2. Each EAC Partner State may take appropriate measures, including seasonal and gear restrictions, in order to protect its territorial waters and ensure the sustainability of artisanal and coastal fisheries.
3. The Parties shall promote the membership of all concerned EAC Partner State(s) to the Indian Ocean Tuna Commission (IOTC) and other relevant fisheries organisations. The EAC Partner State(s), with the EU, shall coordinate action to ensure the management and conservation of all fish species, including tuna and tuna-like resources and to facilitate relevant scientific research.
4. Where there is insufficient scientific evidence for the competent national management authority to determine limits and target levels of sustainable catch in the EEZ of the EAC Partner State(s), the Parties, in consultation with the competent national authority, and together with IOTC and, where relevant, other regional fisheries organisations, shall support such scientific analysis.
5. The Parties agree to take appropriate measures where an increase in effort results in catch levels above the target sustainable level established by the competent national authority.
6. In order to conserve and manage straddling stocks and highly migratory fish stocks, the EU and the EAC Partner State(s) shall ensure compliance by vessels flying their flags with relevant national, regional and sub-regional fisheries management measures and related national laws and regulations.
Article 55. Vessel Management and Post-Harvest Arrangements
1. Vessel Management and post-harvest arrangements emerging from IOTC and any other relevant regional fisheries organisations will be observed. The EAC Partner State(s) and the EU shall set out minimum terms and conditions with respect to the monitoring, control and surveillance of EU fishing vessels operating in the waters of the EAC Partner State(s), which should include the following:
(a) a vessel monitoring system (VMS) will be set up for the EAC Partner State(s) and if the EAC Partner State(s) do not have a VMS they will be assisted by the EU to set up a compatible VMS;
(b) in addition to a compulsory compatible VMS system, the EAC Partner State(s), together with the EU, will develop other mechanisms to ensure effective monitoring, control and surveillance, and the EU will support the EAC Partner State(s) to put such an agreed system in place and assist in its implementation;
(c) the EU and the EAC Partner State(s) shall have the right of placing observers, whether in national or international waters, with the procedures concerning the deployment of observers being well stipulated; observers are to be paid by the national governments, but all costs on board are to be met by the ship-owner; the EU shall support the costs of training observers;
(d) common systems of reporting of fishing will be developed and used throughout the region, with minimum terms set for reporting;
(e) all vessels that land or tranship their catch within an EAC Partner State shall do so in ports or outer-port areas. No transhipment shall be allowed at sea, except on particular conditions foreseen by the relevant Regional Fisheries Management Organisation (RFMO); the Parties shall cooperate to develop and modernise landing or transhipment infrastructure in ports of the EAC Partner State(s), including development capacity of fish products;
(f) discards reporting shall be compulsory; priority should be given to avoiding discards through the use of selective fishing methods in line with principles of the IOTC and relevant regional fisheries organisations; as far as possible, by-catch shall be brought ashore.
2. The Parties agree to cooperate in developing and implementing national/regional training programmes for EAC Partner State(s) nationals in order to facilitate their effective participation in the fishing industry. Where the EU has negotiated a bilateral fisheries agreement, the employment of EAC Partner State(s) nationals shall be encouraged. The International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work shall apply to seamen signed on EU vessels.
3. The Parties shall undertake coordinated efforts to improve the means for preventing, deterring, and eliminating IUU fishing, and to this end take appropriate measures. Fishing vessels involved in IUU fishing should be confiscated and the owners prosecuted by the competent authorities. They should not be allowed to fish again in waters of the EAC Partner State(s) concerned unless prior authorisation has been obtained from both the flag State and that EAC Partner State(s) as well as, where relevant, the RFMO concerned.
Title III. INLAND FISHERIES AND AQUACULTURE DEVELOPMENT
Article 56. Scope and Objectives
1. The provisions of this Title shall apply to inland fisheries, coastal and aquaculture development in the EAC Partner State(s) with respect to capacity building, technology transfer, SPS standards, investment and investment finance, environmental protection, and legal and regulatory frameworks.
2. The objectives of cooperation in inland fisheries and aquaculture development will be to promote sustainable exploitation of inland fisheries resources and enhance aquaculture production, remove supply-side constraints, improve fish and fish products' quality to comply with international SPS measures, improve access to the market of the EU, address intra-regional trade barriers, attract capital inflows and investment into the sector, build capacity and enhance access to financial support for the private investors for inland fisheries and aquaculture development.
Part IV. AGRICULTURE
Article 57. Scope and Definitions
1. The provisions of this Part shall apply to crops and livestock, including productive insects.
2. For the purposes of this Part and Title II of Part V, the following definitions shall apply:
(a) "agriculture" includes crops, livestock and productive insects;
(b) "agricultural products" means those covered by Annex I to the WTO Agreement on Agriculture;
(c) "agricultural financing" means providing financial resources in support of agricultural related activities along the whole value chain, such as input supplies, agricultural services, production, storage, distribution, product transformation and marketing;
(d) "agricultural inputs" means all substances or materials, equipment and tools used in the production and handling of agricultural products;
(e) "sustainable agriculture technology" means technology designed with special consideration of its environmental, social and economic impacts;
(f) "food and nutrition security" means that all people at all times have both physical and economic access to safe, sufficient and nutritious food to meet their needs for a productive and healthy life;
(g) "livelihood security" means adequate and sustainable access to income and resources to meet basic needs in an equitable manner (including adequate access to food, potable water, health facilities, educational opportunities, housing and time for community participation and social integration);
(h) "natural disaster" means the consequence of natural calamities, such as droughts, earthquakes, landslides, volcanic eruptions, floods, pests and diseases;
(i) "small-scale farmers" means producers with limited resources and own small land holdings of less than two (2) hectares and whose scale of operations is too small to attract the provision of services needed to significantly increase productivity and leverage market opportunities;
(j) "sustainable development" in the context of this Part includes the management and protection of the natural resource base for economic and social development in such a manner as to aim at meeting human needs for present and future generations.
Article 58. Objectives
1. The Parties agree that the fundamental objective of this Part is sustainable agricultural development which includes, but is not limited to, food and livelihood security, rural development and poverty reduction in the EAC Partner State(s).
2. The objectives of this Part are to:
(a) foster cooperation between the Parties with a view to creating wealth and improving the quality of life of those engaged in agricultural activities through increased production, productivity and market share;
(b) improve food and nutrition security in the EAC Partner State(s) by promoting value addition, increasing output, quality, safety, market integration, trade, availability and accessibility;
(c) contribute to the provision of gainful employment throughout the value chain of the modernised agricultural sector;
(d) develop modern and competitive agriculture-based industries;
(e) promote the sustainable use and management of natural and cultural resources, by developing environmentally friendly and sustainable technologies that improve agricultural productivity;
(f) contribute to competitiveness by promoting value addition throughout the supply chains to access markets;
(g) improve producers' revenue by developing the marketing of value added agricultural products in the marketplace;
(h) facilitate the adjustment of the agricultural sector and the rural economy to cope with global economic changes;
(i) mobilise and increase the economic performance of small-scale farmers through capacity building of farmers' organisations;
(j) improve trade and market facilitation for agricultural commodities in order to increase foreign exchange earnings;
(k) improve infrastructure within the EAC Partner State(s) for enhancing the production, productivity, marketing and distribution of agricultural inputs and products, with particular attention to storage, grading, handling, packing and transport.
Article 59. General Principles
1. The Parties recognise the importance of agriculture in the economies of the EAC Partner State(s) as the main source of livelihood for the majority of the population of the EAC Partner State(s), as the primary factor to ensure food and nutrition security, as a potential sector for high growth and added value, and as a source of export earnings.
2. In view of the multi-functional role agriculture plays in the economy of the EAC Partner State(s), the Parties agree to use a comprehensive approach to agriculture as a basis for sustainable development.
3. The Parties agree to cooperate in promoting the sustainable growth of the agriculture sector, taking into account its multiple facets and the diversity of the economic, social and environmental characteristics as well as development strategies of the EAC Partner State(s).
4. The Parties recognise that deeper integration of the agricultural sector across the EAC Partner State(s) will contribute to the expansion of inter-regional markets, and increase the scope for investment and private sector development.
5. The Parties recognise the importance of supporting agricultural production, the promotion of value addition, agricultural trade and market development initiatives through appropriate instruments, and the provision of appropriate regulatory framework to respond to changing market conditions. In this respect, the Parties resolve to work together to attract necessary investment into the EAC Partner State(s).
6. The Parties agree that agricultural priorities considered in this Part shall be clearly linked to the regional overarching policy framework for food and nutrition security and poverty reduction to ensure consistency and guidance of the regional development agenda.
Article 60. Comprehensive Dialogue
1. The Parties shall establish an EAC Partner State(s)-EU Comprehensive Dialogue on Agriculture and Rural Development Policy (hereinafter referred to as the "Agriculture Dialogue") on all matters covered in this Part. The Agriculture Dialogue shall monitor progress in implementing this Part and shall provide a forum for exchange and cooperation on the Parties' respective domestic agricultural policies and, in particular, the role of agriculture in the EAC Partner State(s) in raising farm incomes, food security, sustainable use of resources, rural development and economic growth.
2. The Agriculture Dialogue shall take place within the Committee of Senior Officials.
3. The Parties shall establish the working procedures and modalities of the Agriculture Dialogue by mutual agreement.
Article 61. Regional Integration
The Parties recognise that the integration of the agricultural sector across EAC Partner States, through the progressive removal of barriers, the provision of an appropriate regulatory and institutional framework, and the harmonisation and convergence of policies, will contribute to the deepening of the regional integration process and thus contribute to the expansion of regional markets, which will increase the scope for investment and private sector development.
Article 62. Enabling Policies
The Parties recognise the importance of adopting and implementing policies and institutional reforms to enable and facilitate the achievement of the objectives of this Part.
Article 63. Sustainable Agricultural Development
The Parties shall cooperate to achieve sustainable agricultural development with a special focus on supporting vulnerable rural populations in the EAC Partner State(s) in light of the changing world production and trade patterns as well as consumer tastes and preferences.
Article 64. Food and Nutrition Security
1. The Parties agree that the provisions of this Agreement shall enable the EAC Partner State(s) to implement effective measures to achieve food and nutrition security and sustainable agricultural development, and to develop commercial agricultural markets in the region to ensure food and nutrition security.
2. The Parties shall ensure that actions taken under this Part aim at enhancing food and nutrition security, and avoid the adoption of measures that could endanger achievement of food and nutrition security at the household, national and regional levels.
Article 65. Value Chain Management
The Parties agree to have a regional strategy for enhancing supply capacities in agriculture, identifying high value agricultural sub-sectors for which the region has competitive advantage, and capitalise on investments that can facilitate the shift from comparative to competitive advantages.
Article 66. Early Warning Systems
The Parties recognise the need to establish, improve and enhance food security information systems, including national early warning systems, as well as vulnerability assessment and monitoring systems, and to implement capacity building actions, in conjunction with, and through, existing international and regional mechanisms.
Article 67. Technology
The Parties recognise the importance of modern and sustainable agricultural technologies and agree to develop and promote the use of modern agricultural technologies that include:
(a) sustainable irrigation and fertigation technologies;
(b) tissue culture and micro propagation;
(c) improved seed;
(d) artificial insemination;
(e) integrated pest management;
(g) post-harvest handling;