6. Nothing in this Article shall be construed so as to prevent an injured party or a Member State from initiating and proceeding with an investigation into alleged dumping having regard to the rights of such parties under intemational agreements to which they are signatories.
6. Nothing in this Article shall be construed so as to prevent an injured party or a Member State from initiating and proceeding with an investigation into alleged dumping having regard to the rights of such parties under intemational agreements to which they are signatories.
Article 132. Co-operation by Competent Authorities and Interested Parties
Article 132. Co-operation by Competent Authorities and Interested Parties
1. Where an applicant for an investigation who receives information pursuant to dumping investigations requires verification of the information, the competent authority and the parties alleged to be responsible for dumped imports shall co-operate in allowing the applicant to carry out verifications in the offending Member State.
1. Where an applicant for an investigation who receives information pursuant to dumping investigations requires verification of the information, the competent authority and the parties alleged to be responsible for dumped imports shall co-operate in allowing the applicant to carry out verifications in the offending Member State.
2. The results of any investigations carried out by a competent authority of a Member State aggrieved or by COTED shall be disclosed promptly to the competent authority and the parties alleged to be responsible for dumped imports in the offending Member State. A public notice of the conclusions of the investigations shall be issued by the Member Siate or by COTED, as the case may be.
2. The results of any investigations carried out by a competent authority of a Member State aggrieved or by COTED shall be disclosed promptly to the competent authority and the parties alleged to be responsible for dumped imports in the offending Member State. A public notice of the conclusions of the investigations shall be issued by the Member Siate or by COTED, as the case may be.
3. The purpose of the disclosure referred to in paragraph 2 shall be to present the facts of the case and to allow the parties alleged to be responsible for the dumped imports to defend their interests.
3. The purpose of the disclosure referred to in paragraph 2 shall be to present the facts of the case and to allow the parties alleged to be responsible for the dumped imports to defend their interests.
Article 133. Imposition of Anti-dumping Measures
Article 133. Imposition of Anti-dumping Measures
1. COTED shall, after consideration of the available evidence and having been satisfied of the existence of dumped imports, injury caused by dumped imports or the threat of serious injury from dumped imports, authorise the Member State aggrieved to take anti-dumping action:
1. COTED shall, after consideration of the available evidence and having been satisfied of the existence of dumped imports, injury caused by dumped imports or the threat of serious injury from dumped imports, authorise the Member State aggrieved to take anti-dumping action:
(a) if the parties alleged to be responsible for dumped imports refuse to co- operate within the time specified so as to frustrate or otherwise impede an investigation;
(a) if the parties alleged to be responsible for dumped imports refuse to co- operate within the time specified so as to frustrate or otherwise impede an investigation;
(b) if there is a serious threat of injury or if injury has resulted.
(b) if there is a serious threat of injury or if injury has resulted.
2. In authorising the imposition of anti-dumping measures, COTED shail set the date, duration and conditions for the imposition of the measures as the case may require.
2. In authorising the imposition of anti-dumping measures, COTED shail set the date, duration and conditions for the imposition of the measures as the case may require.
3. Anti-dumping action taken pursuant to this Article, shall be based on the calculated margin of dumping and may be applied as follows:
3. Anti-dumping action taken pursuant to this Article, shall be based on the calculated margin of dumping and may be applied as follows:
(a) if the evidence arising from definitive investigations of dumping proves the existence of dumping and that injury was caused by dumping, a Member State may impose anti-dumping duties sufficient to eliminate the margin of dumping. COTED may authorise all affected Member States to impose similar anti-dumping duties for such time and under such conditions as COTED may prescribe;
(a) if the evidence arising from definitive investigations of dumping proves the existence of dumping and that injury was caused by dumping, a Member State may impose anti-dumping duties sufficient to eliminate the margin of dumping. COTED may authorise all affected Member States to impose similar anti-dumping duties for such time and under such conditions as COTED may prescribe;
(b) in the imposition of anti-dumping duties, the Member States imposing the measure shail not discriminate among the sources of all dumped imports based on country of origin or nationality of the exporters;
(b) in the imposition of anti-dumping duties, the Member States imposing the measure shail not discriminate among the sources of all dumped imports based on country of origin or nationality of the exporters;
(c) an exporter whose exports are the subject of anti-dumping duties may request at any time the Member State imposing the duties to review the application of the duties against the relevant exports;
(c) an exporter whose exports are the subject of anti-dumping duties may request at any time the Member State imposing the duties to review the application of the duties against the relevant exports;
(d) if an applicant for review of anti-dumping duties applied to exports mentioned in sub-paragraph (c) is not satisfied that the competent authorities in the importing Member States have given adequate consideration to the request for review within 30 days of the receipt of the request, the applicant may refer the request to COTED which shall recommend to the Member State maintaining the anti-dumping duty to take the appropriate action if it is satisfied that the application for review is justified;
(d) if an applicant for review of anti-dumping duties applied to exports mentioned in sub-paragraph (c) is not satisfied that the competent authorities in the importing Member States have given adequate consideration to the request for review within 30 days of the receipt of the request, the applicant may refer the request to COTED which shall recommend to the Member State maintaining the anti-dumping duty to take the appropriate action if it is satisfied that the application for review is justified;
(e) in the event that investigations have been concluded and the evidence Proves that injury has been caused, a Member State may impose anti- dumping duties retroactively to account for the entire period during which Provisional anti-dumping duties have been in force preceding the date of imposition of definitive anti-dumping duties. If, however, the definitive anti- dumping duties are higher than the provisional duties paid or payable or the amount estimated for the purpose of security, the difference shall not be collected. if the definitive duties are lower than the provisional duties Payable, or the amount estimated for the purpose of security, the difference shall be reimbursed or the duties recalculated as the case may require;
(e) in the event that investigations have been concluded and the evidence Proves that injury has been caused, a Member State may impose anti- dumping duties retroactively to account for the entire period during which Provisional anti-dumping duties have been in force preceding the date of imposition of definitive anti-dumping duties. If, however, the definitive anti- dumping duties are higher than the provisional duties paid or payable or the amount estimated for the purpose of security, the difference shall not be collected. if the definitive duties are lower than the provisional duties Payable, or the amount estimated for the purpose of security, the difference shall be reimbursed or the duties recalculated as the case may require;
(f) if however the investigations reveal that injury was not caused by dumped imports as alleged, but the provisional measures have materially retarded exports of the Member State complained agains, COTED shall, upon application by such State, assess the effects of the provisionally applied duties and determine the nature and extent of compensation which is warranted and require the Member State applying provisional measures to withdraw the measure and pay compensation in accordance with its assessment
(f) if however the investigations reveal that injury was not caused by dumped imports as alleged, but the provisional measures have materially retarded exports of the Member State complained agains, COTED shall, upon application by such State, assess the effects of the provisionally applied duties and determine the nature and extent of compensation which is warranted and require the Member State applying provisional measures to withdraw the measure and pay compensation in accordance with its assessment
(g) a Member State may accept a voluntary price guarantee from an exporter who is believed to be exporting dumped products, to raise the price of the export sufficiently to forestall a serious threat of injury or to eliminate injury caused by dumped imports;
(g) a Member State may accept a voluntary price guarantee from an exporter who is believed to be exporting dumped products, to raise the price of the export sufficiently to forestall a serious threat of injury or to eliminate injury caused by dumped imports;
(h) if a Member State has initiated investigations based on evidence of dumped imports and the Member State had imposed provisional measures, the Member State may, upon the receipt of a voluntary guarantee from the exporter referred to in sub-paragraph (g), promptly suspend the investigation and withdraw any provisional measures it may have imposed as appropriate.
(h) if a Member State has initiated investigations based on evidence of dumped imports and the Member State had imposed provisional measures, the Member State may, upon the receipt of a voluntary guarantee from the exporter referred to in sub-paragraph (g), promptly suspend the investigation and withdraw any provisional measures it may have imposed as appropriate.
4. COTED shall keep under review all anti-dumping measures imposed by the Member States and shall ensure that the Member States observe the conditions and the timetable for review and withdrawal of anti-dumping measures that it may have authorised.
4. COTED shall keep under review all anti-dumping measures imposed by the Member States and shall ensure that the Member States observe the conditions and the timetable for review and withdrawal of anti-dumping measures that it may have authorised.
5. The Member States undertake to co-operate in the establishment of harmonised anti- dumping legislation and procedures in accordance with the provisions of this Protocol.
5. The Member States undertake to co-operate in the establishment of harmonised anti- dumping legislation and procedures in accordance with the provisions of this Protocol.
Chapter Chapter Six Transport Policy
Chapter Chapter Six Transport Policy
Article 134. Objectives of the Community Transport Policy
Article 134. Objectives of the Community Transport Policy
1. The goal of the Community Transport Policy shail be the provision of adequate, safe and intemationally competitive transport services forthe development and consolidation of the CSME.
1. The goal of the Community Transport Policy shail be the provision of adequate, safe and intemationally competitive transport services forthe development and consolidation of the CSME.
2. In fulfilment of the goal set out in paragraph 1 of this Article, the Community shall Pursue the following objectives:
2. In fulfilment of the goal set out in paragraph 1 of this Article, the Community shall Pursue the following objectives:
(a) the organisation of efficient, reliable, affordable transport services throughout the Community;
(a) the organisation of efficient, reliable, affordable transport services throughout the Community;
(b) the development and expansion of air and maritime transport capabilities in the Community;
(b) the development and expansion of air and maritime transport capabilities in the Community;
(c) the promotion of co-operative arrangements for the provision of transport services;
(c) the promotion of co-operative arrangements for the provision of transport services;
(d) the development of efficient internationally competitive ancillary transport services;
(d) the development of efficient internationally competitive ancillary transport services;
(e) the development of human resources for employment in all areas and at all levels of the transport sector;
(e) the development of human resources for employment in all areas and at all levels of the transport sector;
(f) the implementation of standards for the development of safe road, riverine, Sea and air transport services.
(f) the implementation of standards for the development of safe road, riverine, Sea and air transport services.
Article 135. Implementation of Community Transport Policy
Article 135. Implementation of Community Transport Policy
1. In order to achieve the objectives of the Community Transport Policy, COTED shall, in collaboration with other Organs of the Community as appropriate, promote, inter alia:
1. In order to achieve the objectives of the Community Transport Policy, COTED shall, in collaboration with other Organs of the Community as appropriate, promote, inter alia:
(a) co-ordination of the national transport policies of the Member States;
(a) co-ordination of the national transport policies of the Member States;
(b) the implementation of uniform regulations and procedures, consistent with standards and recommended practices, for the development of an efficient multi-modal transport system, particularly in respect of operations, safety, licensing and certification;
(c) the development of required institutional, legal, technical, financial and administrative support for the balanced, sustainable development of the transport sector;
(d) the establishment of measures:
(i) to ensure that the development of the transport sector does not impact adversely on the environment of the Member States and, in particular, the Caribbean Sea;
(b) the implementation of uniform regulations and procedures, consistent with standards and recommended practices, for the development of an efficient multi-modal transport system, particularly in respect of operations, safety, licensing and certification;
(c) the development of required institutional, legal, technical, financial and administrative support for the balanced, sustainable development of the transport sector;
(d) the establishment of measures:
(i) to ensure that the development of the transport sector does not impact adversely on the environment of the Member States and, in particular, the Caribbean Sea;
(ii) for the acquisition and transfer of technology in the transport sector; and
(iii) for human resources development in accordance with Article 63;
(ii) for the acquisition and transfer of technology in the transport sector; and
(iii) for human resources development in accordance with Article 63;
(e) investment in the transport sector, including ancillary services supportive of the sector through, for example, joint ventures;
(e) investment in the transport sector, including ancillary services supportive of the sector through, for example, joint ventures;
(f) the removal of obstacles to the provision of transport services by nationals of the Member States in accordance with the relevant provisions of Chapter Three.
2. COTED shall develop programmes to facilitate the achievement of the objectives set out in Article 134.
3. The Member States shall co-ordinate their actions in order to secure the best terms and conditions for the provision of transport services by service providers.
Article 136. Search and Rescue
1. COTED shall promote co-operation in air and maritime search and rescue operations inthe Community, bearing in mind such machinery as may exist for the overall co-ordination of search and rescue services.
2. The Member Siates shall notify COTED of air and maritime equipment and facilities available for use in search and rescue operations.
3. The Member States shall collaborate with third States and competent intemational organisations in search and rescue operations.
Article 137. Intra-Community Transport Services
1. The Member States shail adopt uniform standards and recommended practices for the provision of transport services.
2. The Member States shall notify COTED of legislative, regulatory or administrative measures affecting the provision of transport services within their domestic jurisdictions where such measures deviate from uniform standards and recommended practices.
3. The Member States adversely affected by such regulatory or administrative measures may notify COTED of such adverse effects, and shall have recourse to the disputes settlement procedures provided in the Treaty.
Article 138. Development of Air Transport Services
1. the member siates shail co-operate in:
(a) the development of air transport services in the Community and towards this end may conclude among themselves air transport agreements designed to facilitate the provision of such services;
(b) establishing measures to ensure that the provision of international air transport services in the Community is undertaken by financially viable and technically qualified carriers and operators, and that the Community interest in Safety, security and economy of air travel is not prejudiced.
2. COTED shall promote co-operation among the Member States in the registration of aircraft and the enforcement of applicable standards in the air transport industry.
3. The Member States shall co-operate in ensuring uniformity in licensing and certification procedures and equivalencies within the Community for aviation personnel in conformity with international standards.
4. COTED shall promote co-operation among operators of air transport services of the Member States particularly in purchasing of equipment and supplies, the management of inventories, interline and inter-modal operations, code sharing, reservations, insurance, leasing and similar operations.
Article 139. Aircraft Accident and Incident Investigation
1. The Member States undertake to conduct effective and comprehensive investigations into aircraft accidents and incidents with a view to enhancing the technical conditions for the safe delivery of air transport services.
2. The Member States shall, to the extent practicable, make available appropriate equipment, facilities and personnel to assist in the investigation of aircraft accidents or incidents which occur within the Community and take effective measures to protect the property of victims, relevant evidence and the crash site from interference and unauthorised entry.
3. The Member States shall collaborate with third States and competent intemational organisations in the conduct of aircraft accident investigations.
Article 140. Development of Maritime Transport Services
1. The Member States shail co-operate in the development of maritime transport services in the Community. In particular, the Member States shall co-operate in:
(a) enhancing flag and port State control activities in the Region;
(b) developing and providing expertise in the shipping industry, including the necessary services and infrastructure necessary for the growth of the shipping sector;
(o) protecting the marine environment from the effects of vessel source pollution and in combating the effects of such pollution; and
(d) taking any other action necessary for the sustainable development of the shipping sector.
2. The Community shall co-operate with competent national, regional and international
organisations in establishing conditions for the provision of efficient and affordable maritime transport services among the Member States.
3. COTED shall promote co-operation among the Member Siates in the implementation of relevant international maritime instruments relating to maritime safety, marine environmental protection, maritime accident investigation and the facilitation of maritime traffic.
4. COTED shail promote and co-ordinate the development of maritime transport services in the Community through, inter alia:
(a) the development of proposals for the establishment and upgrade of small vessel enterprises in the Community;
(b) the establishment of a regime of incentives to encourage the development of shipping enterprises in the Community;
(c) measures for the establishment, improvement and rationalisation of port facilities in the Community, to respond to the demands of containerisation, refrigeration and storage of agricultural commodities, nautical and cruise tourism and other special and dedicated services;
(d) co-operation and regular interchange among administrations to promote a harmonised system for the development of maritime transport in the Community;
(e) promotion of joint ventures among Community nationals and with extra- regional shipping enterprises to facilitate the transfer of appropriate technology and increase the participation of the Member States in international shipping;
(f) the organisation and harmonisation of training programmes within the Community, the strengthening of the capabilities of training institutions and the ease of access of Community nationals to all aspects of training and development in the shipping industry; and
(g) measures for the development of ancillary services in the shipping industry, including non-vessel operating common carriers, marine insurance, freight forwarding, transshipment and other services.
5. The Member States shail promote the development of maritime transport services in the Community through, inter alia:
(a) the establishment and improvement of port facilities;
(b) the establishment of effective maritime administrations for the regulation of shipping in the respective jurisdictions of maritime safety and marine environmental protection;
(c) the implementation of relevant international maritime instruments related to the safety of shipping and the prevention of vessel source pollution; and
(d) encouraging improved efficiency in ports and in related services to reduce maritime transportation costs.
Article 141. Special Status of the Caribbean Sea
The Member States shall co-operate in achieving international recognition for the Caribbean Sea as a Special Area requiring protection from the potentially harmful effects of the transit of nuclear and other hazardous wastes, dumping, pollution by oil or by any other substance carried by sea or wastes generated through the conduct of ship operations.
Chapter SEVEN. Disadvantaged Countries, Regions and Sectors
Part ONE. PRELIMINARY
Article 142. Scope of Application
1. The provisions of this Chapter shall have effect for the purpose of establishing a regime for disadvantaged countries, regions or sectors within the framework of the Treaty as well as a special regime for the Less Developed Countries in order to enhance their prospects for successful competition within the Community, and redress, to the extent possible, any negative impact of the establishment of the CSME.
2. As soon as practicable after the entry into force of this Treaty, the Conference shall, on the recommendation of the Community Council and in accordance with Article 1, designate disadvantaged countries, regions and sectors and may, from time to time, make such further designations or terminate such designations as circumstances warrant.
3. Wherever in this Treaty reference is made to disadvantaged countries, regions and sectors or to the Less Developed Countries, the Organs of the Community shall take the measures required to give effect to the spirit and intent of this Chapter.
Article 143. Objective of the Regimes
1. the objective of the regimes mentioned in article 142 is to assist the disadvantaged countries, regions and sectors towards becoming economically viable and competitive by appropriate interventions of a transitional or temporary nature.
2. The interventions referred to in paragraph 1 of this Article may include:
(a) technical and financial assistance to address economic dislocation arising from the operation of the CSME;
(b) special measures to aitract investment and industries;
(c) transitional or temporary arrangements to ameliorate or arrest adverse economic and social impact arising from the operation of the CSME;
(d) special measures to assist industries to become efficient and competitive;
(e) assistance intended to achieve structural diversification and infrastructural development;
(f) assistance to economic enterprises disadvaniaged by the removal of intraregional barriers;
(g) the establishment of mechanisms to monitor, and assist in the discharge of, obligations assumed under the Treaty and other international trade agreements.
Article 144. Implementation of Measures
Subject to the authority of the Conference, COTED and COFAP., as appropriate, shail establish, administer and monitor the measures identified in Article 143.
Article 145. Review of Measures
1. The Community Council shall review, as appropriate, the effectiveness of measures taken pursuant to this Chapter and take such action as may be necessary to achieve the objective set out in Article 143, and shall submit a report thereon to the Conference.
2. The review shall include an examination of relevant programmes and support measures in order to determine their efficacy as a basis for their termination or modification as the case may be.
Part TWO. REGIME FOR DISADVANTAGED COUNTRIES, REGIONS AND SECTORS
Article 146. Measures to Redress Disadvantage Arising from Economic Dislocation
1. The Member States agree that where economic dislocation arising from the operation of the CSME occurs, and notwithstanding any provisions to the contrary in this Treaty, COTED may, as the case may require on a temporary basis and subject to Article 144, adopt effective measures to arrest or mitigate adverse effects on economic activity. Such measures may include the grant of incentives to address the dislocation and shall be without prejudice to any incentives provided for in Articles 52 and 69.
2. Notwithstanding any provisions to the contrary in this Treaty, the measures mentioned in this Article may, where necessary, provide for temporary derogations from rights and obligations set out in the Treaty.
3. COTED shall periodically examine the impact of the measures mentioned in Paragraph 2 with a view to determining their adequacy and establishing a time-frame for their discontinuance.
4. The Member States shall co-operate with the Community Organs in implementing the measures mentioned in paragraph 2 of this Article and shall take the action required to secure compliance therewith.
Article 147. Promotion of Investment
COFAP shall promote invesiment in disadvantaged countries by, inter alia, facilitating:
(a) the establishment of joint ventures among nationals of disadvantaged countries as well as between nationals of disadvantaged countries and nationals of other Member States;
(b) the establishment of joint ventures between nationals of disadvantaged countries and nationals of third countries;