(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;