EU - Kenya Economic Partnership Agreement (2023)
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(iv) establishment of an agrometeorology centre in the EAC Partner State(s);

(v) development of modern market infrastructure for the expansion of domestic and regional markets;

(e) food and nutrition security:

(i) capacity building of rural and urban communities for the promotion of improved livelihoods, eradication of poverty, and sustainable development;

(ii) diversification of agricultural production and development of products that address the food and nutrition security needs of the EAC Partner State(s);

(iii) design and implementation of programmes that lead to increased production and productivity in the agricultural sector, with special focus on small-scale farmers;

(iv) capacity development for national and regional food safety compliance; and

(v) design and implementation of social adjustment programmes in regions adversely affected by natural disasters;

(f) value chain management:

(i) promotion of the use of sustainable agricultural technologies and supply of necessary farm inputs;

(ii) enhancing production, productivity and competitiveness of the agricultural sector through promoting agro-based industries;

(iii) enhancing value addition throughout the supply chain of agricultural products to meet the requirements of national, regional and international markets; and

(iv) promoting the development of activities in the areas of processing, marketing, distribution and transport of agricultural products;

(g) early warning systems:

(i) capacity building in terms of assessing and disseminating information on the likely impacts of impending disasters well in advance in order to take contingent measures and early responsiveness;

(ii) development and management of national and regional information systems;

(iii) development, strengthening and linking of early warning systems and contingency plans and strategies for disaster response management at national and regional levels; and

(iv) supporting climate change adaptation and mitigation options in the EAC Partner State(s);

(h) production and marketing of agricultural commodities:

(i) developing capacities to access niche markets and facilitating compliance with commodity standards to meet such market requirements;

(ii) diversification of agricultural production and export products in the EAC Partner State(s)

(iii) development of modern market infrastructure for expansion of domestic and regional markets; and

(iv) developing product packaging and labelling programmes which enable the producers of the EAC Partner State(s) to secure premium prices for commodity exports;

(i) rural development:

(i) capacity building of farmers' groups along the entire agricultural value chain;

(ii) improving transport, communication and market facilities for marketing agricultural inputs and outputs;

(iii) addressing socio-cultural barriers such as language differences, literacy levels, gender biases and community health, that influence the nature of farming systems;

(iv) improving farmers' access to credit services and natural and cultural resource management; and

(v) developing relevant policy measures to support the availability of adequate agricultural inputs to small-scale farmers on a timely basis;

(j) net d-importing countries:

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

(k) livelihood security:

(i) capacity building for developing social services for populations in rural and peri-urban areas;

(ii) improving total household income from agricultural production through diversification, adding value, off-farm employment and the adoption of new sustainable agricultural technologies, inter alia, in the EAC Partner State(s);

(iii) increasing productivity of the agricultural sector within the EAC Partner State(s); and

(iv) increasing the use of sustainable agricultural technologies;

(l) technical support services:

the EU commits to provide adequate resources and technical assistance for capacity building to the EAC Partner State(s) in a manner that is predictable and sustainable in the following areas:

(i) strengthening of innovation and transfer of technology, knowledge, research and development;

(ii) developing and increasing use of mechanisation of the agricultural sector of the EAC Partner State(s);

(iii) establishing agricultural input plants and distribution systems within the EAC Partner State(s);

(iv) promoting and strengthening investment in agricultural research, extension services, training and links between research-extensions and farmers;

(v) as appropriate, establishing and strengthening regional centres of excellence, including an agro-meteorology centre, biotechnology, analytical and diagnostic laboratories for crops, livestock and soils; and

(vi) improving access to services in plant and animal production, including livestock breeding services, veterinary services and plant protection services.

(m) agricultural financing services:

(i) strengthening rural financial services for small-scale producers, processors and traders;

(ii) developing regionally owned mechanisms or a fund for agricultural and rural development;

(iii) developing agricultural micro-financing institutions and insurance schemes;

(iv) facilitating access to credit from banks and other financial institutions for agro processors, traders and farmers; and

(v) supporting the financial institutions in the EAC Partner State(s) that serve the agriculture sector and facilitating access by the private sector to capital markets to raise both short- and long-term capital;

(n) geographical indications:

(i) developing policies and legal frameworks on geographical indications;

(ii) establishing regulations on geographical indications;

(iii) developing a code of practice to define products in relation to their origin;

(iv) facilitating local organisations and institutions to coordinate local stakeholders on geographical indications and product conformity;

(v) building capacity on identification, registration, marketing, traceability and conformity on geographical indications products; and

(vi) developing any other area of cooperation under this heading that may arise in the future.

Title III. PRIVATE SECTOR DEVELOPMENT

Article 84. Scope and Objectives

1. Cooperation in private sector development shall include investment promotion and enterprise development.

2. The objectives of this Title are to:

(a) create an environment conducive to the promotion of investment and private enterprises, including the development of new industries, foreign direct investment and technology transfer;

(b) enhance supply capacities, competitiveness and value addition;

(c) improve access to investment finance from EU financing institutions such as the European Investment Bank;

(d) build capacity and provide institutional support for private sector development institutions such as investment promotion agencies, apex bodies, chambers of commerce, associations, contact points and trade facilitation institutions;

(e) develop and/or strengthen a policy, legal and regulatory framework that promotes and protects investment;

(f) improve support and delivery mechanisms to the private sector from the joint ACP-EU institutions, including the Centre for the Development of Agriculture (CTA), inter alia, for promotion of investment in the EAC Partner State(s); and

(g) create or strengthen partnerships, joint ventures, subcontracting, outsourcing and linkages.

Article 85. Investment Promotion

The Parties agree to promote investments within the EAC Partner State(s) in the following areas:

(a) supporting reforms in the policies, legal and regulatory frameworks;

(b) supporting enhancement of institutional capacities, in particular, capacity building for investment promotion agencies of the EAC Partner State(s) and institutions involved in promoting and facilitating foreign and local investment;

(c) supporting the establishment of appropriate administrative structures, including one-stop shops, for the entry and setting up of investments;

(d) supporting the creation and continuity of a predictable and secure investment climate;

(e) supporting efforts of the EAC Partner State(s) to design revenue generating instruments to mobilise investment resources;

(f) establishing and supporting risk insurance schemes as a risk-mitigating mechanism in order to boost investor confidence in the EAC Partner State(s);

(g) supporting the establishment of mechanisms for exchange of information between investment agencies of the EAC Partner State(s) and their counterparts in the EU;

(h) encouraging private sector investments from the EU in the EAC Partner State(s);

(i) supporting the establishment of financial frameworks and instruments adapted to the investment needs of small and medium-sized enterprises; and

(j) facilitating partnerships through joint ventures and capital financing.

Article 86. Enterprise Development

The Parties agree to cooperate on enterprise development within the EAC Partner State(s) through supporting:

(a) the promotion of EAC Partner State(s)-EU private sector business dialogue, cooperation and partnerships;

(b) efforts for the promotion and integration of micro-, small- and medium-sized enterprises (MSMEs) into mainstream business activities;

(c) the promotion of efficient production and the marketing of businesses of EAC Partner State(s);

(d) the implementation of private sector development strategies of the EAC Partner State(s);

(e) the promotion of a favourable environment for the development and growth of MSMEs;

(f) private sector organisations' capacities to comply with international standards;

(g) the protection of innovations from piracy; and

(h) the capacities of the EAC Partner State(s) for the exploration, exploitation and marketing of natural resources.

Title IV. FISHERIES

Article 87. Scope of Cooperation

Cooperation in fisheries shall cover marine and inland fisheries and aquaculture.

Article 88. Areas of Cooperation In Marine Fisheries

1. Cooperation in marine fisheries shall include:

(a) fisheries management and conservation issues;

(b) vessel management and post-harvest arrangements;

(c) financial and trade measures; and

(d) development of fisheries and fisheries products and marine aquaculture.

2. The EU shall contribute to the mobilisation of the resources for the implementation of the identified areas of cooperation at national and regional levels, which will also include support for regional capacity building.

3. Subject to the provisions of Part III and Article 75, the Parties agree to cooperate, in the following areas:

(a) development and improvement of infrastructure for storage, marketing and distribution of fish and fish products;

(b) capacity building at the national and regional levels to meet SPS/TBT/Hazard Analysis Critical Control Points technical requirements, development of monitoring control and surveillance systems of the EEZ of the EAC Partner State(s), and the introduction and management of certification schemes for specific marine fisheries;

(c) investment and technology transfer in fishing operations, fish processing, port services, development and improvement of port facilities, diversification of the fishery to include non-tuna species which are under-exploited or not exploited;

(d) joint ventures and linkages especially with MSMEs and artisanal fisheries within the fisheries supply chain;

(e) value addition on fish; and

(f) research and development on stock assessment and sustainability levels.

4. The Parties undertake to cooperate in promoting the setting-up of joint ventures in fishing operations, fish processing, port services, enhancing production capacity, improving competitiveness of fishing and related industries and services, downstream processing, development and improvement of port facilities and diversification of the fishery to include non-tuna species which are under-exploited or not exploited.

Article 89. Inland Fisheries and Aquaculture Development

Cooperation on inland fisheries and aquaculture development shall include EU contributions to the following areas:

(a) capacity building and export market development through:

(i) building capacity in industrial and artisanal production, processing and product diversification that strengthen the competitiveness of the region's inland fisheries and aquaculture; for example, through the creation of research and development centres, including the development of aquaculture for commercial fishing farms;

(ii) building capacity for managing export market chains, including the introduction and management of certification schemes for specific product lines; and the implementation of market promotion, value addition and reduction in post-harvest losses in fisheries products;

(iii) increasing capacity in the region through, for example, improving fisheries competent authorities, traders' and fishermen's associations in order to participate in fisheries trade with the EU Party, and training programs in product development and branding;

(b) infrastructure through:

(i) the development and improvement of infrastructure for inland fisheries and aquaculture;

(ii) facilitating access to funding for infrastructure, including all types of equipment;

(c) technology through:

(i) the development of technical capabilities, including value-adding technology promotion, for example through fisheries technology transfer from the EU to the EAC Partner State(s);

(ii) the enhancement of fisheries management capacity in the region, for example through research and data collection systems and contribution towards appropriate technologies on harvesting and post-harvest management;

(d) legal and regulatory framework through:

(i) the development of inland fisheries and aquaculture regulations and monitoring control and surveillance systems;

(ii) the development of appropriate legal and regulatory instruments on intellectual property rights and building capacity for their implementation in international trade;

(iii) the protection of eco-labelling and intellectual property;

(e) investment and finance through:

(i) the promotion of joint ventures and other forms of mixed investments between stakeholders in the Parties, for example for the setting-up of modalities for identifying investors for joint venture operations in inland fisheries and aquaculture;

(ii) providing access to credit facilities for the development of small- to medium-scale enterprises, as well as industrial-scale inland fisheries;

(f) environmental and stocks conservation in fisheries through measures to ensure that the fish trade supports environmental conservation, safeguards against stock depletion, the maintenance of biodiversity and the cautious introduction of exotic species for aquaculture; for example, through the cautious introduction of exotic species to be introduced only in managed/closed spaces in consultation with all neighbouring countries concerned;

(g) socioeconomic and poverty alleviation measures through:

(i) the promotion of small- and medium-scale fishers, processors and fish traders by building the capacity of the EAC Partner State(s) to participate in trade with the EU;

(ii) the participation of marginal groups in the fishing industry; for example, through the promotion of gender equity in fisheries, and particularly developing the capacity of women traders involved or intending to engage in fisheries; other disadvantaged groups with the potential to engage in fisheries for sustainable social economic development will also be involved in such processes.

Title V. WATER AND ENVIRONMENT

Article 90. Scope and Objectives

1. Cooperation under this Title shall include natural resources, in particular water, the environment and biodiversity.

2. The objectives of cooperation under this Title are to:

(a) enhance the linkages between trade and environment;

(b) support the implementation of international environmental agreements, conventions and treaties;

(c) ensure the balance between environmental management and poverty reduction;

(d) protect the environment, and enhance biodiversity conservation and genetic preservation;

(e) promote the equitable and sustainable utilisation of natural resources;

(f) facilitate and encourage the sustainable utilisation of shared resources;

(g) promote public and private sector involvement in natural resource management.

Article 91. Water Resources

1. Cooperation in the area of water resources shall include irrigation, hydropower generation, water production and supply, and the protection of water catchment areas.

2. The objectives of cooperation in this area are to:

(a) develop the sustainable use and management of water resources in the EAC Partner State(s), so as to improve the livelihood of the population of the EAC Partner State(s);

(b) promote regional cooperation for the sustainable utilisation of transboundary water resources;

(c) develop water supply infrastructure for productive purposes.

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

(a) the development of water supply infrastructure in the region;

  • 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