(b) the development of the relevant legal and regulatory frameworks;
(c) integrated water resource management;
(d) capacity building in human resources, improvement in service standards, water management, and institutional structures;
(e) creation of partnerships, linkages and joint ventures between economic operators;
(f) the promotion of technology development, transfer and applications, research and development, innovation, information exchange and networks;
(g) the development of water pollution control, purification and conservation, wastewater treatment and sanitation;
(h) the promotion of sustainable irrigation schemes.
Article 92. Environment
1. Cooperation in the area of environment shall include the protection and sustainable management of the environment, as well as the implementation of trade-related environmental policies.
2. The objectives of cooperation in this area are to:
(a) protect, restore and conserve the environment and biodiversity (flora, fauna and microbial genetic resources, including their ecosystems);
(b) develop industries in the EAC Partner State(s) that use environmentally friendly technologies;
(c) promote technology development, transfer and application, research and development, innovation and information exchange.
3. Subject to Article 75, the Parties agree to cooperate in the following areas:
(a) the implementation of international environmental agreements, conventions and treaties;
(b) strengthening and promoting equitable and sustainable utilisation, conservation and management of environment and biodiversity, including forestry and wildlife resources;
(c) the reinforcement of institutional and legal frameworks and the capacity to develop, implement, administer and enforce environmental laws, regulations, standards and policies;
(d) the creation of partnerships, linkages and joint ventures between economic operators;
(e) the prevention and mitigation of natural environmental disasters and the loss of biodiversity;
(f) the promotion of technology development and adaptation, transfer and applications, research and development and innovation;
(g) the protection and management of coastal and marine resources, domestic and wild indigenous biological and genetic resources;
(h) the development of alternative environmentally friendly activities and livelihoods;
(i) the production and facilitation of trade in goods and services for which eco-labelling is important;
(j) information exchange and networking on products and their requirements, in terms of production process, transport, marketing and labelling;
(k) the development of infrastructure facilities on environmentally friendly products;
(l) the integration of local communities into the management of biodiversity, forestry, and wildlife resources;
(m) the development of waste management, and the safe disposal of industrial and toxic wastes;
(n) the promotion of stakeholder participation in international environmental dialogue.
Title VI. SANITARY AND PHYTOSANITARY MEASURES
Article 93. Scope and Objectives
1. Cooperation under this Title shall include supporting and building capacity in harmonisation, zoning and compartmentalisation, conformity assessment, information exchange and transparency of trade conditions.
2. The objectives of cooperation under this Title are to:
(a) facilitate the Parties' inter-regional and intra-regional trade, whilst safeguarding human, animal and plant life or health in accordance with the WTO SPS Agreement;
(b) address problems arising from SPS measures on agreed priority sectors and products, giving due consideration to regional integration;
(c) stipulate procedures and modalities for facilitating cooperation in SPS matters;
(d) ensure transparency as regards SPS measures applicable to trade between and within the Parties;
(e) promote intra-regional harmonisation of measures with international standards, in accordance with the WTO SPS Agreement, and the development of appropriate policies, legislative, regulatory and institutional frameworks in the EAC Partner State(s);
(f) enhance the effective participation of the EAC Partner State(s) in the Codex Alimentarius Commission, the World Organisation for Animal Health and the International Plant Protection Convention;
(g) promote consultation and exchanges between EAC and EU institutions and laboratories;
(h) facilitate the development of capacity for setting and implementing regional and national standards in accordance with international requirements in order to facilitate regional integration;
(i) establish and enhance the capacity of the EAC Partner State(s) to implement and monitor SPS measures pursuant to this Article; and
(j) promote technology transfer.
3. Subject to Article 75, the Parties agree to cooperate in the following areas:
(a) support the EAC Partner State(s) to comply with SPS measures, including the development of appropriate regulatory frameworks, policies, matters concerning the work of the relevant international standards-setting bodies, training, information events, capacity building, and technical assistance;
(b) as appropriate, support the harmonisation of SPS measures within the EAC Partner State(s) and the setting-up of national SPS coordinating committees, and promote the capacity of the public and private sector for sanitary control; priority areas include development and implementation of a quality programme, training, information events, the building, upgrading, modernisation and accreditation of laboratories;
(c) support on matters concerning the work of the relevant international standards-setting bodies; this cooperation may include training, information events, capacity building and technical assistance;
(d) support in the area of fisheries with the aim of developing harmonised regional rules, legislation and standards of fish products to promote trade between the Parties and within the EAC region;
(e) support with the aim of promoting cooperation between the SPS institutions of the EAC Partner State(s) and equivalent SPS institutions of the EU;
(f) support the implementation of the SPS Agreement, particularly in strengthening the competent authorities, notification and points of enquiry of the EAC Partner State(s);
(g) support information sharing and exchange.
Article 94. Harmonisation
1. The Parties shall aim to achieve harmonisation of their respective rules and procedures for the formulation of their SPS measures, including inspection, testing and certification procedures, in accordance with the WTO SPS Agreement.
2. As appropriate, the EAC Partner State(s) will develop, with the support of the EU, a program and timeframe for harmonising their SPS standards.
3. The Committee of Senior Officials shall develop modalities to assist and to monitor the process of harmonisation within the regions, as appropriate.
Article 95. Zoning and Compartmentalisation
The Parties shall recognise on a case-by-case basis designated areas which are free from pests or diseases and areas of low pest or disease prevalence as potential sources of plant and animal products, taking into account Article 6 of the WTO SPS Agreement.
Article 96. Special and Differential Treatment and Technical Assistance
1. The EU agrees to provide technical assistance and special and differential treatment in accordance with Articles 9 and 10 of the WTO SPS Agreement.
2. The Parties shall cooperate to address the special needs of the EAC Partner State(s) arising from the implementation of provisions of this Title.
3. The Parties agree that the following areas are priorities for technical assistance:
(a) the building of technical capacity in the public and private sectors of the EAC Partner State(s) to enable sanitary and phytosanitary controls, including training and information events for inspection, certification, supervision and control;
(b) the enhancement of technical capacity for the implementation and monitoring of SPS measures, including promoting greater use of international standards;
(c) the development of capacities for risk analysis, harmonisation, compliance, testing, certification, residue monitoring, traceability and accreditation including through the upgrading or setting-up of laboratories and other equipment to help the EAC Partner State(s) comply with international standards;
(d) the support for the participation of the EAC Partner State(s) in the work of relevant international standards-setting bodies;
(e) the development of the capacity of the EAC Partner State(s) for effective participation in the notification processes.
Title VII. TECHNICAL BARRIERS TO TRADE
Article 97. Scope and Objectives
1. Cooperation under this Title shall include the preparation, adoption and application of technical regulations, standards and conformity assessment procedures, as defined in the TBT Agreement.
2. The objectives of cooperation under this Title are to:
(a) progressively eliminate technical barriers to trade, in order to facilitate trade between the Parties and within the EAC Partner State(s);
(b) enhance regional integration among EAC Partner State(s) by harmonising standards, technical regulations and conformity assessment procedures applied in the EAC Partner State(s), in accordance with the TBT Agreement;
(c) promote greater use of international technical regulations, standards and conformity assessment procedures, including sector-specific measures;
(d) develop functional links, joint ventures and joint research and development work between the EAC Partner State(s) and EU standardisation, conformity assessment and regulatory institutions;
(e) enhance market access for products originating in the EAC Partner State(s), through improvements in their safety, quality and competitiveness;
(f) promote the greater use of international best practices for technical regulations, international standards and conformity assessment procedures;
(g) ensure that the preparation, adoption and application of standards and technical regulations are transparent and do not create unnecessary obstacles to trade between the Parties, in accordance with the provisions of the TBT Agreement;
(h) support the development of appropriate regulatory frameworks, policies and reforms within the EAC Partner State(s), to meet internationally accepted practices;
(i) assist the EAC Partner State(s) to implement the TBT Agreement and to comply with the TBT requirements of their trading partners in the context of the TBT Agreement.
3. Subject to Article 75, the Parties agree to cooperate in the following areas:
(a) support for the promotion of greater use of international standards, technical regulations and conformity assessments, including sector-specific measures in the Parties' territories;
(b) support for the capacity building of EAC Partner State(s) in the fields of standardisation, metrology, accreditation and conformity assessment procedures, including support for the upgrading and setting up of laboratories and relevant institutions, as well as the procurement of relevant equipment;
(c) support for quality management and assurance in selected sectors of importance to the EAC Partner State(s);
(d) support for the full participation of the standards and other technical regulatory bodies of the EAC Partner State(s) in international standard-setting bodies, and reinforcing the role of international standards as a basis for technical regulations;
(e) support for efforts by the conformity assessment bodies of the EAC Partner State(s) to obtain international accreditation;
(f) the development of functional links between the Parties' standardisation, conformity assessment and certification institutions;
(g) support for the development of common understanding on good regulatory practices, including:
(i) transparency in the preparation, adoption and application of technical regulations, standards and conformity assessment procedures;
(ii) the necessity and proportionality of regulatory measures and related conformity assessment procedures, which may include the use of suppliers' declarations of conformity;
(iii) the use of international standards as a basis for setting up technical regulations, except where such international standards would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives pursued;
(iv) the enforcement of technical regulations and market surveillance activities; and
(v) the establishment of mechanisms and methods for reviewing technical regulations, standards and conformity assessment procedures;
(h) the identification, prioritisation and support in the development of, the necessary technical infrastructure and transfer of technology in terms of metrology, standardisation, testing, certification and accreditation, to support technical regulations;
(i) the enhancement of regulatory, technical and scientific cooperation by, inter alia, exchange of information, experiences and data, with a view to improving the quality and level of the relevant technical regulations and making efficient use of regulatory resources;
(j) the development of compatibility and convergence of the respective technical regulations, standards and conformity assessment procedures;
(k) the promotion and encouragement of bilateral cooperation between the Parties' respective organisations responsible for metrology, standardisation, testing, certification and accreditation;
(l) the promotion of cooperation between the Parties and in the EAC in relation to the work of relevant international institutions and organisations, and fora dealing with TBT issues.
Title VIII. CUSTOMS AND TRADE FACILITATION
Article 98. Scope and Objectives
1. The Parties acknowledge and recognise the importance of cooperation in customs and trade facilitation matters in the evolving global trading environment.
2. The Parties agree to reinforce cooperation with a view to ensuring that the relevant legislation and procedures, as well as the administrative capacity of the relevant administrations, fulfil the objective of promoting trade facilitation.
3. The Parties acknowledge the need for proper administrative capacity to meet those objectives. They agree that the EAC Partner State(s) will need transitional periods and capacity building to smoothly implement the provisions of this Title.
4. The objectives of cooperation under this Title are to:
(a) facilitate trade between the Parties;
(b) promote the harmonisation of customs legislation and procedures at regional level;
(c) provide support to the EAC Partner State(s) to strengthen trade facilitation;
(d) provide support to the customs administrations of the EAC Partner State(s) to implement this Agreement and other international customs best practices;
(e) enhance cooperation between the Parties' customs authorities and other related border agencies.
5. Subject to Article 75, the Parties agree to cooperate in the following areas:
(a) exchange of information on customs legislation and procedures;
(b) development of joint initiatives in mutually agreed areas;
(c) support for the:
(i) modernisation of customs systems and procedures and reduction of customs clearance time;
(ii) simplification and harmonisation of customs procedures and trade formalities, including those related to import, export, and transit;
(iii) enhancement of regional transit systems;
(iv) enhancement of transparency in accordance with Article 134;
(v) capacity building, including financial and technical assistance to the EAC Partner State(s) in this area; and
(vi) any other area of customs as agreed on by the Parties to this Agreement;
(d) establishment, as far as possible, of common positions in international organisations in the field of customs and trade facilitation, such as the WTO, WCO, UN and UNCTAD;
(e) promotion of coordination between all related agencies, both internally and across borders.
6. The Parties shall cooperate in customs matters and on rules of origin through:
(a) the introduction of procedures and practices which reflect international instruments and standards applicable in the field of customs and trade facilitation, including WTO rules and WCO instruments and standards;
(b) the implementation of activities aimed at consolidating the harmonisation of customs standards and trade facilitation measures;
(c) the application of modern customs techniques, including risk assessment, binding rulings, simplified procedures, post release controls and audit methods;
(d) the automation of customs and other trade procedures, including electronic exchange of customs and trade information;
(e) the training of customs officials and other relevant public and private sector officials on customs and trade facilitation; and
(f) in any other areas that may be identified by the Parties.
Title IX. EPA ADJUSTMENT MEASURES
Article 99. Scope and Objectives
1. The Parties recognise that the elimination and/or substantial reduction of tariffs as set out in this Agreement will be a challenge for the EAC Partner State(s). The Parties agree that this specific challenge shall be addressed through the creation of a compensatory framework, subject to the provisions of Annex VI which prevail.
2. The Parties also recognise that the implementation of this Agreement may result in potential challenges, inter alia in the social, economic and environmental domain, to the economies of the EAC Partner State(s). The Parties agree that those challenges shall be addressed through economic and development cooperation actions.
3. Cooperation under this Title aims at addressing actual and potential adjustment challenges resulting from the implementation of this Agreement.
Article 100. Areas of Cooperation
1. With regard to revenue losses linked to the reduction of tariffs, the EU shall, subject to the provisions of Annex VI which prevail:
(a) engage in an enhanced dialogue on fiscal adaptation measures and reforms;
(b) establish cooperation modalities to support fiscal reform;
(c) provide financial resources to cover transitionally the agreed losses of government revenue arising from the elimination of, and/or a substantial reduction in, customs tariffs.
2. To ensure that the economies of the EAC Partner State(s) take full advantage of this Agreement, the EU agrees to work with the EAC Partner State(s) to undertake appropriate cooperation activities aiming at:
(a) improving the competitiveness of productive sectors within the EAC Partner State(s);
(b) improving productive and professional capacities of the workforce of the EAC Partner State(s), including training of workers displaced by the closure of firms and/or equipping them with new skills for new activities etc.;
(c) supporting measures towards sustainable environment;
(d) building capacity to enhance macro-economic discipline;
(e) mitigating the possible impacts affecting food and nutrition security, rural development, livelihood security and export earnings in the EAC Partner State(s);
(f) addressing other possible cooperation areas related to the implementation challenges of this Agreement.
Article 101. Principles and Objectives
1. Recognising the EU's commitment to support the implementation of this Agreement and the efforts of the EAC Partner State(s) themselves to finance their development needs, the Parties agree to work both jointly and independently to mobilise financial resources to support the implementation of this Agreement, regional integration and the development strategies of the EAC Partner State(s).
2. The objective of joint resource mobilisation is to complement, support and promote in a spirit of interdependence, the efforts of the EAC Partner State(s) in pursuing alternative sources of funding to support regional integration and the development strategies, in particular the EPA Development Matrix in Annex III(a), subject to the provisions of Annex VI which prevail.
Article 102. Obligations
1. Subject to the provisions of Annex VI which prevail, the EAC Partner State(s) shall:
(a) commit resources from their financing mechanisms on a timely and predictable basis to support regional integration and the EPA-related development strategies and projects as contained in the EPA Development Matrix;
(b) develop their development strategies with due regard for the right of the EAC Partner State(s) to determine the direction and the sequence of their development strategies and priorities;