EU - Kenya Economic Partnership Agreement (2023)
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(h) accredited laboratories;

(i) biotechnology;

(j) risk assessment and management.

Article 68. Domestic Policy Measures

1. Each Party shall ensure transparency in the area of agricultural support related to trade in agricultural products. To this end, the EU shall report periodically within the Agriculture Dialogue to the EAC Partner State(s) on the legal basis, form and amount of such support. Such information is deemed to have been provided if it is made available by the Parties or on their behalf on a publicly accessible website.

2 The EU shall not grant export subsidies for any agricultural product to the EAC Partner State(s), after the date of entry into force of this Agreement. This prohibition shall be reviewed by the EPA Council after forty-eight (48) months.

3. Furthermore, the Committee of Senior Officials shall examine issues that may arise in relation to the access of the Parties' agricultural products to each other's markets. The Committee may make recommendations to the EPA Council in accordance with Article 107.

Article 69. Production and Marketing of Agricultural Commodities

1. The Parties recognise the challenges faced by the EAC Partner State(s) due to their dependence on the export of primary agricultural commodities, which are subject to high price volatility and declining terms of trade, for foreign exchange earnings.

2. The Parties therefore agree to:

(a) strengthen public-private partnership in investments for production, processing and marketing of agricultural commodities;

(b) cooperate in developing capacities to access niche markets and facilitate compliance with commodity standards to meet such markets requirements;

(c) support diversification of agricultural production and export products in the EAC Partner State(s);

(d) improve producers' revenue by developing the marketing of value added agricultural products in the market place.

Article 70. Monitoring

The Parties agree that the EPA Council shall review and monitor the implementation of their obligations under this Agreement. The EPA Council shall provide effective surveillance of compliance with obligations through ensuring transparency and give the Parties an opportunity to assess the contribution of those obligations to their long-term objective of establishing a fair and market-oriented agricultural trading system.

Article 71. Net Food-Importing Countries

1. The Parties recognise the importance of addressing the concerns of the net food-importing EAC Partner State(s). Therefore, the objective of this Article is to assist States that are net food importers to develop programmes to ensure food security.

2. The Parties agree to:

(a) address constraints on food production, storage and distribution in the EAC Partner State(s);

(b) source food aid from within the EAC Partner State(s) and other African regional economic communities;

(c) improve the coordination of food aid.

3. The Parties agree to maintain an adequate level of food aid, taking into account the interests of food aid recipients, and to ensure that the measures mentioned in paragraph 2 do not unintentionally impede the delivery of food aid provided to deal with emergency situations.

4. The Parties shall ensure that food aid is provided in full conformity with the measures that aim at preventing commercial displacement, which include:

(a) ensuring that all food aid transactions are needs-driven and in full grant form; and

(b) not tying them directly or indirectly to commercial exports of agricultural products or of other goods and services.

Article 72. Importance of Certain Sectors

1. The Parties recognise that:

(a) the provision of adequate access to food, clean and safe drinking water, health facilities, educational opportunities, housing, community participation and social integration is important for the livelihood security of rural populations;

(b) agricultural infrastructure development, including production, processing, marketing and distribution, plays a crucial role in the social-economic rural development and regional integration of the EAC Partner State(s);

(c) technical support services, such as agricultural research, extension and advisory services training, are important in increasing agricultural productivity;

(d) facilitating agricultural financing is an important measure for transforming the agricultural sector in the EAC Partner State(s) as financing is required for agricultural technology development, agricultural credit and insurance, infrastructure development and markets as well as farmer training; and

(e) sustainable rural development is important to improve standards of living of the rural population of the EAC Partner State(s).

2. The Parties agree to cooperate in the areas of livelihood security, agricultural infrastructure, technical support services, agricultural financing services and rural development, as provided for in Title II of Part V.

Article 73. Exchange of Information and Consultation

1. The Parties agree to exchange experience and information on best practices, and to consult each other on all issues in pursuit of the objectives of this Part.

2. The Parties agree to:

(a) exchange information on agricultural production, consumption and trade and on the respective market developments for agricultural products;

(b) exchange information on investment opportunities and incentives available in the agricultural sector, including small-scale activities;

(c) exchange information on agricultural policies, laws and regulations between them;

(d) discuss policy and institutional changes needed to underpin the transformation of the agricultural sector, as well as the formulation and implementation of regional policies on agriculture, and rural development in pursuit of regional integration;

(e) exchange information on new and appropriate technologies, as well as policies and measures related to the quality of agricultural products.

Article 74. Geographical Indications

1. The Parties recognise the importance of geographical indications for sustainable agriculture and rural development.

2. The Parties agree to cooperate in the identification, recognition and registration of products that could benefit from protection as geographical indications and any other action aimed at achieving protection for products so identified.

Part V. ECONOMIC AND DEVELOPMENT COOPERATION

Article 75. General Provisions

1. In accordance with Articles 34 and 35 of the Cotonou Agreement and the corresponding provisions of its successor agreement, the Parties reaffirm that development cooperation is a core element of their Partnership and an essential factor for achieving the objectives of this Agreement. The Parties agree that the provisions of Annex VI to this Agreement prevail over the provisions of this Part.

2. The Parties agree to address the developmental needs of the EAC Partner State(s) by: increasing production and supply capacity, fostering the structural transformation and competitiveness of their economies, enhancing their economic diversification and increasing added value, in order to promote sustainable development and support regional integration.

3. The Parties commit to cooperate in order to facilitate the implementation of this Agreement and to support regional integration and development strategies. The Parties agree that cooperation shall be based on this Part and the EPA Development Matrix, both subject to the provisions of Annex VI which prevail, in addition to the regional and national development strategies of the EAC Partner State(s). The EPA Development Matrix and corresponding baseline benchmarks, indicators and targets reflecting the needs identified by the EAC Partner State(s) at the time of the EU-EAC EPA signature are attached to this Agreement as Annex III(a) and Annex III(b), respectively. They shall be reviewed every five (5) years. The cooperation shall take the form of financial and non-financial support to the EAC Partner State(s).

4. The financing relating to development cooperation between the EAC Partner State(s) and the EU for the implementation of this Agreement shall be carried out within the framework of the rules and relevant procedures provided for by the Cotonou Agreement and its successor agreement and within the framework of the successive relevant instruments financed by the general budget of the EU. In this context, taking into account the new challenges deriving from enhanced regional integration and competition on the global markets, the Parties agree that one of the priorities shall be to support the implementation of this Agreement. The Parties agree that financial instruments provided for in the Cotonou Agreement and its successor agreement shall be mobilised so as to maximise the expected benefits of this Agreement.

5. For the purposes of the implementation of this Agreement, the Parties commit to jointly and individually mobilising resources, with guidance thereon provided by the specific provisions of Title X, subject to the provisions of Annex VI which prevail.

6. Consistent with the OECD Paris Declaration on Aid Effectiveness adopted on 2 March 2005, the Parties agree to use and support as appropriate nationally and/or regionally-owned delivery mechanisms, funds or facilities for channelling and coordinating resources for the implementation of this Agreement.

Article 76. Objectives

The economic and development cooperation shall aim to:

(a) enhance the competitiveness of the economies of the EAC Partner State(s);

(b) build up supply capacity and enable the smooth implementation of this Agreement;

(c) transform the structure of the economies of the EAC Partner State(s) by establishing a strong, competitive and diversified economic base through enhancing production, distribution, transport and marketing;

(d) develop trade capacity as well as capacity to attract investment;

(e) strengthen trade, investment policies and regulations; and

(f) deepen regional integration.

Article 77. Areas of Cooperation

Economic and development cooperation shall include the following areas, subject to the provisions of Annex VI which prevail:

(a) infrastructure;

(b) agriculture and livestock;

(c) private sector development;

(d) fisheries;

(e) water and environment;

(f) market access issues, including:

(i) SPS;

(ii) TBT; and

(iii) customs and trade facilitation in the EAC Partner State(s);

(g) EPA adjustment measures referred to in Title IX; and

(h) the mobilisation of resources.

Title I. INFRASTRUCTURE

Article 78. Scope and Objectives

1. Cooperation in the development of physical infrastructure shall include in particular transport, energy, information and communications technology.

2. The objectives in this area are to:

(a) increase the competitiveness of the EAC Partner State(s);

(b) address supply-side constraints at institutional, national, and regional levels; and

(c) enhance the development of public-private partnerships.

Article 79. Transport

1. Cooperation in transport shall include road, rail, air and water transport.

2. The objectives in this area are to:

(a) improve national and regional connectivity, to deepen regional economic integration;

(b) develop, restructure, rehabilitate, upgrade and modernise the durable and efficient transport systems of the EAC Partner State(s);

(c) improve the movement of people and flow of goods; and

(d) provide better access to markets through improved road, air, maritime, inland water and rail transports.

3. Subject to Article 75, the Parties agree to cooperate in the following areas:

(a) the management of transport systems;

(b) the improvement, development and modernisation of infrastructure at all levels, including the development of inter-modal infrastructure networks;

(c) strengthening the institutional, technical and administrative capacities of the EAC Partner State(s) in standards, quality assurance, metrology and conformity assessment services;

(d) technology development and transfer, innovation, information exchange and networks, and marketing;

(e) the encouragement of partnerships, linkages and joint ventures between economic operators;

(f) the improvement of safety and reliability of the transport sector, including meteorological forecasting, management of hazardous goods, and emergency responses;

(g) the development of regional transport policies and the regulatory frameworks.

Article 80. Energy

1. Cooperation in the energy sector shall include public and private sector participation in energy generation, transmission, distribution and cross-border energy trade.

2. The objectives in this area are to:

(a) develop, increase and expand the region's energy generation capacity;

(b) increase the number of alternative sources of energy;

(c) develop, increase and expand networks;

(d) develop, increase and expand distribution and transmission;

(e) improve the access of the EAC Partner State(s) to modern, efficient, reliable, diversified, sustainable and renewable sources of clean energy at competitive prices;

(f) enhance the production, distribution and management capacity of energy at national and regional levels;

(g) promote power interconnectivity both within and outside the EAC Partner State(s) for maximum energy utilisation; and

(h) support the creation of an environment conducive to attracting investment in this sector.

3. Subject to Article 75, the Parties agree to cooperate in the following areas:

(a) production, transmission and distribution capacity of existing energy sources, in particular hydropower, petroleum and biomass;

(b) diversification of the energy mix to include other potential sources of energy that are socially and environmentally acceptable and that reduce dependency on oil;

(c) development of energy infrastructure, including for rural areas;

(d) development of appropriate energy regulatory and policy reforms, including commercialisation and privatisation;

(e) regional and inter-regional interconnectivity and cooperation in the production and distribution of energy;

(f) development, innovation, information capacity building in human resources, improvement in management, service standards, and institutional structures;

(g) technology development and transfer, research and exchange, development of databases and networks;

(h) partnerships, linkages and joint ventures.

Article 81. Information and Communications Technologies

1. Cooperation in the information and communications technologies (ICT) sector shall include the development of ICT, competitiveness, and innovation, as well as the smooth transition towards the information society.

2. The objectives in this area are to:

(a) develop the ICT sector; and

(b) enhance the contribution of ICT in facilitating trade through e-services, e-commerce, e-government, e-health, secure transactions and other socio-economic sectors.

3. Subject to Article 75, the Parties agree to cooperate in the following areas:

(a) ICT connectivity and cost-effectiveness at the national, regional and global levels;

(b) dissemination of new ICT;

(c) development of the legal and regulatory frameworks for ICT;

(d) technology development, transfer and applications, research and development, innovation, information exchange and networks and marketing;

(e) capacity building in human resources, improvement in service standards, and institutional structures;

(f) partnerships, linkages and joint ventures between economic operators;

(g) promotion and support for the development of niche markets for ICT-enabled services.

Title II. AGRICULTURE

Article 82. Scope and Objectives

1. Cooperation under this Title shall apply to crops and livestock, including productive insects.

2. The Parties agree that the main objective of this Title is sustainable agricultural development, which includes but is not limited to food and livelihoods security, rural development and poverty reduction in the EAC Partner State(s).

3. The other objectives of this Title are stipulated in Article 58.

Article 83. Areas of Cooperation

1. The Parties acknowledge the importance of the agricultural sector to the economies of the EAC Partner State(s) and agree to cooperate in promoting its transformation to increase its competitiveness, ensure food and nutrition security, rural development and facilitate the adjustment of agriculture and the rural economy to accommodate the effects of implementation of this Agreement, with special attention to small-scale farmers.

2. The Parties agree to cooperate in the following areas:

(a) regional integration:

improvement of access to regional and international markets for agricultural products including the development of market systems and market development strategies;

(b) enabling policies:

(i) development of national and regional agricultural policies, legal and regulatory frameworks, building of the necessary capacity and support to institutional development;

(ii) building capacities in the EAC Partner State(s) to take full advantage of increased trading opportunities and to maximise the benefits of trade reforms;

(c) sustainable agricultural development:

(i) undertaking joint activities on a regional basis, including fertiliser production, seed production, livestock development and plant and animal disease control;

(ii) promotion and strengthening processing, marketing, distribution and transportation and the handling of agricultural products;

(iii) capacity building to comply with international standards relating to agricultural production, packaging and SPS measures;

(d) agricultural infrastructure:

(i) development of agricultural support infrastructure, including sustainable irrigation systems, water harvesting, storage and management, marketing, and grading;

(ii) development of research and training infrastructure, storage facilities, feeder and community access roads;

(iii) development of agri-processing infrastructure;

  • Part   I GENERAL PROVISIONS 1
  • Article   1 Scope of the Agreement 1
  • Article   2 Objectives 1
  • Article   3 Rendez-vous Clause 1
  • Article   4 Principles 1
  • Part   II TRADE IN GOODS 1
  • Article   5 Scope and Objectives 1
  • Title   I CUSTOMS DUTIES AND FREE MOVEMENT OF GOODS 1
  • Article   6 Customs Duty 1
  • Article   7 Classification of Goods 1
  • Article   8 Fees and other Charges 1
  • Article   9 Rules of Origin 1
  • Article   10 Customs Duties on Products Originating In the EAC Partner State(s) 1
  • Article   11 Customs Duties on Products Originating In the EU 1
  • Article   12 Standstill Clause 1
  • Article   13 Movement of Goods 1
  • Article   14 Export Duties and Taxes 1
  • Article   15 More Favourable Treatment Resulting from a Free Trade Agreement 1
  • Article   16 Special Provisions on Administrative Cooperation 1
  • Article   17 Management of Administrative Errors 1
  • Article   18 Customs Valuation 1
  • Title   II NON-TARIFF MEASURES 1
  • Article   19 Prohibition of Quantitative Restrictions 1
  • Article   20 National Treatment with Respect to Internal Taxation and Regulation 1
  • Article   21 Good Governance In the Tax Area 2
  • Title   III CUSTOMS COOPERATION AND TRADE FACILITATION 2
  • Article   22 Scope and Objectives 2
  • Article   23 Customs Cooperation and Mutual Administrative Assistance 2
  • Article   24 Customs Legislation and Procedures 2
  • Article   25 Facilitation of Transit Movements 2
  • Article   26 Relations with the Business Community 2
  • Article   27 Transitional Provisions 2
  • Article   28 Harmonisation of Customs Standards at Regional Level 2
  • Article   29 Special Committee on Customs and Trade Facilitation 2
  • Title   IV SANITARY AND PHYTOSANITARY MEASURES 2
  • Article   30 Scope and Definitions 2
  • Article   31 Objectives 2
  • Article   32 Rights and Obligations 2
  • Article   33 Scientific Justification of Measures 2
  • Article   34 Harmonisation 2
  • Article   35 Equivalence 2
  • Article   36 Zoning and Compartmentalisation 2
  • Article   37 Notification, Enquiry and Transparency 2
  • Article   38 Conformity Assessment 2
  • Article   39 Information Exchange and Transparency of Trade Conditions 2
  • Article   40 Competent Authorities 2
  • Title   V STANDARDS, TECHNICAL REGULATIONS AND CONFORMITY ASSESSMENT 2
  • Article   41 Scope and Definitions 2
  • Article   42 Rights and Obligations 2
  • Article   43 Mutual Recognition Agreements 2
  • Article   44 Transparency and Notification 2
  • Article   45 Harmonisation 2
  • Article   46 Conformity Assessment 2
  • Article   47 Technical Regulatory Bodies 2
  • Title   VI TRADE DEFENCE MEASURES 2
  • Article   48 Anti-Dumping and Countervailing Measures 2
  • Article   49 Multilateral Safeguards 3
  • Article   50 Bilateral Safeguards 3
  • Part   III FISHERIES 3
  • Title   I GENERAL PROVISIONS 3
  • Article   51 Scope and Principles 3
  • Article   52 Principles of Cooperation 3
  • Title   II MARINE FISHERIES 3
  • Article   53 Scope and Objectives 3
  • Article   54 Fisheries Management and Conservation Issues 3
  • Article   55 Vessel Management and Post-Harvest Arrangements 3
  • Title   III INLAND FISHERIES AND AQUACULTURE DEVELOPMENT 3
  • Article   56 Scope and Objectives 3
  • Part   IV AGRICULTURE 3
  • Article   57 Scope and Definitions 3
  • Article   58 Objectives 3
  • Article   59 General Principles 3
  • Article   60 Comprehensive Dialogue 3
  • Article   61 Regional Integration 3
  • Article   62 Enabling Policies 3
  • Article   63 Sustainable Agricultural Development 3
  • Article   64 Food and Nutrition Security 3
  • Article   65 Value Chain Management 3
  • Article   66 Early Warning Systems 3
  • Article   67 Technology 3
  • Article   68 Domestic Policy Measures 4
  • Article   69 Production and Marketing of Agricultural Commodities 4
  • Article   70 Monitoring 4
  • Article   71 Net Food-Importing Countries 4
  • Article   72 Importance of Certain Sectors 4
  • Article   73 Exchange of Information and Consultation 4
  • Article   74 Geographical Indications 4
  • Part   V ECONOMIC AND DEVELOPMENT COOPERATION 4
  • Article   75 General Provisions 4
  • Article   76 Objectives 4
  • Article   77 Areas of Cooperation 4
  • Title   I INFRASTRUCTURE 4
  • Article   78 Scope and Objectives 4
  • Article   79 Transport 4
  • Article   80 Energy 4
  • Article   81 Information and Communications Technologies 4
  • Title   II AGRICULTURE 4
  • Article   82 Scope and Objectives 4
  • Article   83 Areas of Cooperation 4
  • Title   III PRIVATE SECTOR DEVELOPMENT 5
  • Article   84 Scope and Objectives 5
  • Article   85 Investment Promotion 5
  • Article   86 Enterprise Development 5
  • Title   IV FISHERIES 5
  • Article   87 Scope of Cooperation 5
  • Article   88 Areas of Cooperation In Marine Fisheries 5
  • Article   89 Inland Fisheries and Aquaculture Development 5
  • Title   V WATER AND ENVIRONMENT 5
  • Article   90 Scope and Objectives 5
  • Article   91 Water Resources 5
  • Article   92 Environment 6
  • Title   VI SANITARY AND PHYTOSANITARY MEASURES 6
  • Article   93 Scope and Objectives 6
  • Article   94 Harmonisation 6
  • Article   95 Zoning and Compartmentalisation 6
  • Article   96 Special and Differential Treatment and Technical Assistance 6
  • Title   VII TECHNICAL BARRIERS TO TRADE 6
  • Article   97 Scope and Objectives 6
  • Title   VIII CUSTOMS AND TRADE FACILITATION 6
  • Article   98 Scope and Objectives 6
  • Title   IX EPA ADJUSTMENT MEASURES 6
  • Article   99 Scope and Objectives 6
  • Article   100 Areas of Cooperation 6
  • Article   101 Principles and Objectives 6
  • Article   102 Obligations 6
  • Part   VI INSTITUTIONAL PROVISIONS 7
  • Article   103 Scope and Objective 7
  • Article   104 EPA Council 7
  • Article   105 Powers of the EPA Council 7
  • Article   106 Committee of Senior Officials 7
  • Article   107 Powers of the Committee of Senior Officials 7
  • Article   108 EPA Consultative Committee 7
  • Part   VII DISPUTE AVOIDANCE AND SETTLEMENT 7
  • Article   109 Scope and Objective 7
  • Title   I DISPUTE AVOIDANCE 7
  • Article   110 Consultations 7
  • Article   111 Mediation 7
  • Title   II DISPUTE SETTLEMENT 7
  • Article   112 Initiation of the Arbitration Procedure 7
  • Article   113 Establishment of the Arbitration Panel 7
  • Article   114 Interim Panel Report 7
  • Article   115 Arbitration Panel Ruling 7
  • Article   116 Review of Any Measure Taken to Comply with the Arbitration Panel Ruling 7
  • Article   117 Temporary Remedies In Case of Non-Compliance 7
  • Article   118 Review of Any Measure Taken to Comply after the Adoption of Appropriate Measures 7
  • Title   III COMMON PROVISIONS 7
  • Article   119 Mutually Agreed Solution 7
  • Article   120 Rules of Procedure 7
  • Article   121 Information and Technical Advice 7
  • Article   122 Language of Submissions 7
  • Article   123 Rules of Interpretation 7
  • Article   124 Arbitration Panel Rulings Procedure 7
  • Article   125 List of Arbitrators 7
  • Article   126 Relation to WTO Dispute Settlement 8
  • Article   127 Time Limits 8
  • Part   VIII GENERAL EXCEPTIONS 8
  • Article   128 General Exception Clause 8
  • Article   129 Security Exceptions 8
  • Article   130 Taxation 8
  • Part   IX GENERAL AND FINAL PROVISIONS 8
  • Article   131 Balance of Payments Difficulties 8
  • Article   132 Definition of the Parties and Fulfilment of Obligations 8
  • Article   133 Contact Points 8
  • Article   134 Transparency and Confidentiality 8
  • Article   135 Outermost Regions of the European Union 8
  • Article   136 Relations with other Agreements 8
  • Article   137 Relation with the WTO Agreements 8
  • Article   138 Notifications 8
  • Article   139 Entry Into Force 8
  • Article   140 Denunciation 8
  • Article   141 Territorial Application 8
  • Article   142 Review Clause 8
  • Article   143 Amendment Clause 8
  • Article   144 Accession of Contracting Parties to the Treaty for the Establishment of the East African Community 8
  • Article   145 Accession of New Members to the European Union 8
  • Article   146 Authentic Texts 8
  • Article   147 Annexes and Protocols 8