1. The Parties agree that administrative cooperation is essential for the implementation and control of the preferential treatment granted under this Title and underline their commitment to tackle irregularities and fraud in customs and related matters.
2. Where one Party obtains proof, based on objective information, of a failure to provide administrative cooperation and/or of irregularities or fraud, the Party concerned may temporarily suspend the preferential treatment of the product(s) concerned in accordance with this Article.
3. For the purposes of this Article, a failure to provide administrative cooperation shall be defined, inter alia, as:
(a) a recurrent failure to respect the obligation to verify the originating status of the product(s) concerned;
(b) a repeated refusal or undue delay in carrying out and/or communicating the results of subsequent verification of the proof of origin; or
(c) a repeated refusal or undue delay in granting authorisation to conduct a cooperation mission to verify the authenticity of documents or accuracy of information relevant to the granting of the preferential treatment in question.
4. The application of a temporary suspension shall be subject to the following conditions:
(a) The Party which obtains proof, based on objective information, of a failure to provide administrative cooperation and/or of irregularities or fraud shall without undue delay notify the EPA Committee of this proof together with the objective information and enter into consultations within the EPA Committee with a view to reaching a solution acceptable to both Parties, on the basis of all relevant information and objective findings;
(b) Where the Parties have entered into consultations in the EPA Committee as provided for above and have not been able to agree on an acceptable solution within three months of notification, the Party concerned may temporarily suspend the preferential treatment of the product(s) concerned. A temporary suspension shall be notified to the EPA Committee without undue delay; and
(c) Temporary suspensions under this Article shall be limited to that necessary to protect the financial interests of the Party concerned. They shall not exceed a period of six months, which may be renewed. The EPA Committee shall be notified of temporary suspensions immediately after their adoption. Such suspensions shall be the subject of periodic consultations within the EPA Committee, particularly with a view to their termination as soon as the conditions for their application no longer exist.
5. At the same time as the notification of the EPA Committee provided for in paragraph 4(a) of this Article, the Party concerned shall publish a notice to importers in its official journal or website. This notice to importers shall indicate that, for the product concerned, proof has been obtained, based on objective information, of a failure to provide administrative cooperation and/or of irregularities or fraud.
Article 27. Management of Administrative Errors
In case of error by the competent authorities in the management of preferential systems for exports, and in particular in the application of rules defining the concept of "originating" products and methods of administrative cooperation, where this error leads to consequences in terms of imports and exports the Party facing such consequences may request the EPA Committee to examine the possibility of adopting all appropriate measures with a view to resolving the situation.
Article 28. Cooperation
In accordance with the provisions of Article 7, the Parties agree to cooperate in the following areas inter alia:
- supporting the implementation of trade policy commitments arising from this Agreement;
- training/support in the interpretation and application of these rules.
Chapter 2. Trade Defence Instruments (3)
Article 29. Anti-dumping and Countervailing Measures
1. Subject to the provisions of this Article, nothing in this Agreement shall be construed to prevent the UK, or Cameroon, from adopting anti-dumping or countervailing measures in accordance with the relevant WTO Agreements. For the purposes of this Article, origin shall be determined in accordance with the Parties' non-preferential rules of origin.
2. Before imposing definitive anti-dumping or countervailing duties in respect of products from Cameroon, the UK shall consider the possibility of constructive remedies as provided for in the relevant WTO Agreements.
3. The UK shall notify Cameroon of the receipt of a properly documented complaint before initiating any investigation.
4. The provisions of this Article shall be applicable in all investigations initiated after this Agreement enters into force.
5. The provisions of this Article shall not be subject to the dispute settlement provisions of this Agreement.
6. In the event of an accession, the Parties agree that paragraphs 7 and 8 shall apply.
7. Where an anti-dumping or countervailing measure has been imposed on behalf of two or more Central African Contracting States at least by a regional or sub- regional authority there shall be one single instance of judicial review, including the stage of appeals.
8. Where anti-dumping or countervailing measures may be imposed on a regional or sub-regional basis and on a national basis, these measures shall not be applied simultaneously to the same product by the regional or sub-regional authorities and the national authorities.
Article 30. Multilateral Safeguard Measures
1. Subject to the provisions of this Article, nothing in this Agreement shall be construed to prevent Cameroon or the UK from adopting measures in accordance with Article XIX of the GATT 1994, the WTO Agreement on Safeguards and Article 5 of the WTO Agreement on Agriculture. For the purposes of this Article, origin shall be determined in accordance with the Parties' non-preferential rules of origin.
2. Not later than 180 days after the entry into force of this Agreement, the EPA Committee shall review, in the light of the development needs of Cameroon and without prejudice to paragraph 1, whether to provide for a period during which the UK shall exclude imports from Cameroon from any measures taken pursuant to Article XIX of GATT 1994, the WTO Agreement on Safeguards and Article 5 of the WTO Agreement on Agriculture.
3. The provisions of paragraph 1 shall not be subject to the dispute settlement provisions of this Agreement.
Article 31. Bilateral Safeguard Measures
1. Without prejudice to the provisions of Article 30, after having examined alternative solutions, a Party may apply safeguard measures of limited duration which derogate from the provisions of Articles 20 and 21, under the conditions and in accordance with the procedures laid down in this Article.
2. Safeguard measures as referred to in paragraph 1 may be taken where a product originating in the territory of one Party is being imported into the territory of the other Party in such increased quantities and under such conditions as to cause or threaten to cause:
(a) serious damage to the domestic industry producing like or directly competitive products in the territory of the importing Party;
(b) disruption in a sector of the economy, particularly where this disruption gives rise to major social problems or difficulties which could seriously jeopardise the economic situation of the importing Party; or
(c) disruption in the markets of like or directly competitive agricultural products (4) or in the mechanisms regulating those markets.
3. The safeguard measures referred to in this Article shall not exceed what is necessary to remedy or prevent the serious damage or disruption, as defined in paragraphs 2 and 4(b). Those safeguard measures of the importing Party may only consist of one or more of the following:
(a) the suspension of any further reduction of the applicable import duty provided for under this Agreement for the product concerned;
(b) an increase in the customs duty on the product concerned to a level which does not exceed the customs duty applied to other WTO Members; and
(c) the introduction of tariff quotas on the product concerned.
4. (a) Without prejudice to the provisions of paragraphs 1, 2 and 3, where a product originating in the UK is being imported in such increased quantities and under such conditions as to cause or threaten to cause one of the situations referred to under paragraph 2(a), (b) and (c) above to Cameroon, Cameroon may take surveillance or safeguard measures limited to its territory in accordance with the procedures laid down in paragraphs 5 to 8;
(b) Cameroon may take safeguard measures where a product originating in the UK, following the reduction of customs duties, is being imported into its territory in such increased quantities and under such conditions as to cause or threaten to cause disruption to an infant industry producing like or directly competitive products. This clause shall be applicable until 3 August 2029. Measures must be taken in accordance with the provisions of paragraphs 5 to 8.
5. (a) The safeguard measures referred to in this Article shall be maintained only for such time as is necessary to prevent or remedy the serious damage or disruption as defined in paragraphs 2 and 4, above;
(b) The safeguard measures referred to in this Article shall be applied for a period not exceeding two years. Where the circumstances warranting the imposition of safeguard measures continue to exist, such measures may be extended for a further period of no more than two years. Where Cameroon applies a safeguard measure, such measures may nevertheless be applied for a period not exceeding four years and, where the circumstances warranting the imposition of safeguard measures continue to exist, be extended for a further maximum period of four years;
(c) The safeguard measures referred to in this Article which exceed one year shall have a clear timetable for being phased out by the end of the set period, at the latest;
(d) No safeguard measure referred to in this Article shall be applied to a product that has previously been subject to such a measure for a period of at least one year since the expiry of the measure.
6. For the implementation of paragraphs 1 to 5, the following provisions shall apply:
(a) Where a Party is of the opinion that one of the circumstances referred to in paragraphs 2 and/or 4 exists, it shall immediately refer the matter to the EPA Committee;
(b) The EPA Committee may make recommendations to remedy the circumstances which have arisen. If the EPA Committee has not made recommendations to remedy the circumstances, or if a satisfactory solution has not been reached within 30 days of the matter being referred, the importing Party may adopt the appropriate measures to remedy the situation in accordance with this Article;
(c) Before taking any measure provided for in this Article or, in the cases to which paragraph 7 applies, the Party concerned shall, as soon as possible, supply the EPA Committee with all information required for a thorough examination of the situation, with a view to seeking a solution acceptable to the Parties concerned;
(d) In selecting safeguard measures, priority must be given to those which solve the problem rapidly and effectively and disturb the functioning of this Agreement as little as possible;
(e) All safeguard measures taken in accordance with this Article shall be notified immediately to the EPA Committee and shall be the subject of periodic consultations within that body, particularly with a view to establishing a timetable for their termination as soon as circumstances permit.
7. Where exceptional circumstances require immediate measures, the importing Party concerned may take the measures provided for in paragraphs 3 and/or 4 on a provisional basis without complying with the requirements of paragraph 6. Such action may be taken for a maximum period of 180 days where measures are taken by the UK and 200 days where measures are taken by Cameroon. The duration of any such provisional measure shall be counted as part of the period of duration of the measures and of any extension as referred to in paragraph 5. When taking such provisional measures, the interests of all stakeholders shall be taken into account. The importing Party concerned shall inform the other Party and shall refer the matter to the EPA Committee for examination.
8. If an importing Party subjects imports of a product to an administrative procedure having as its purpose the rapid provision of information on the trend of trade flows liable to give rise to the problems referred to in this Article, it shall inform the EPA Committee without delay.
9. The relevant WTO Agreements shall not be invoked to prevent a Party from adopting safeguard measures in accordance with the provisions of this Article.
Chapter 3. Customs and Trade Facilitation
Article 32. Objectives
1. The Parties acknowledge the importance of customs and of trade facilitation in the evolving global trading environment. The Parties agree to increase cooperation in this area with a view to ensuring that the relevant legislation and procedures, as well as the administrative capacity of the relevant administrations, fulfil the objectives of effective controls and facilitation of trade, and help promote the development and regional integration of the EPA signatory countries.
2. The Parties agree that legitimate public policy objectives, including those relating to security and the prevention of fraud, shall not be compromised in any way.
Article 33. Customs and Administrative Cooperation
1. In order to ensure compliance with the provisions of this Agreement and effectively respond to the objectives laid down in Article 32, the Parties shall:
(a) exchange information concerning customs legislation, regulations and procedures;
(b) develop joint initiatives relating to import, export and transit procedures, and initiatives designed to provide an effective service for the business community;
(c) cooperate on the automation of customs and trade procedures, and adopt, for the purpose of information exchange, the Data Model of the World Customs Organization ("WCO");
(d) cooperate in the planning and implementation of assistance with a view to facilitating customs reforms and implementing trade facilitation; and encourage consultations and cooperation between all bodies concerned with international trade.
2. Notwithstanding paragraph 1, the Parties' customs administrations shall provide mutual administrative assistance in accordance with the provisions of the Protocol on Mutual Administrative Assistance in Customs Matters, Protocol 1 to this Agreement. The EPA Committee shall make any amendments which it considers necessary to Protocol 1 by consensus.
Article 34. Terms of Cooperation
1. The Parties recognise the importance of cooperation as regards customs and trade facilitation measures for the implementation of this Agreement.
2. In accordance with the provisions of Article 7, the Parties agree to cooperate in the following areas, inter alia:
(a) the application of modern customs techniques, including risk analysis and risk management, binding information, simplified procedures for imports and exports of products, subsequent verifications and company audit methods;
(b) the introduction of procedures which reflect where possible the international instruments and standards applicable in the field of customs and trade, including WTO rules on customs valuation and WCO
(c) instruments and standards, inter alia the International Convention on the Simplification and Harmonisation of Customs Procedures, concluded at Kyoto on 18 May 1973 and revised at Brussels on 26 June 1999 (the "revised Kyoto Convention"), and the WCO Framework of Standards to Secure and Facilitate Global Trade; and the computerisation of customs and trade procedures.
Article 35. Customs and Trade Standards
1. The Parties agree that their legislation, regulations and procedures, in the fields of customs and international trade, shall be based on:
(a) international standards and instruments, including the revised Kyoto Convention, the WCO Framework of Standards to Secure and Facilitate Global Trade, the WCO Data Model and the International Convention on the Harmonised Commodity Description and Coding System ("HS");
(b) the introduction of a single administrative document, or an electronic equivalent, for the purpose of establishing customs declarations at the import and export stages;
(c) modern customs techniques, including risk analysis and risk management, simplified procedures for imports and exports of products, subsequent verifications and company audit methods. Procedures should be transparent, efficient and simplified, in order to reduce costs and increase predictability for economic operators, including small and medium-sized enterprises;
(d) non-discrimination in terms of requirements and procedures concerning imports, exports and products in transit, although it shall be accepted that consignments may be treated differently in accordance with objective risk management criteria;
(e) regulations and procedures containing binding information, particularly on tariff classification, and origin;
(f) simplified procedures for authorised traders;
(g) the gradual development of information systems to facilitate the electronic exchange of data between traders, customs administrations and other bodies involved;
(h) the facilitation of transit movements;
(i) rules ensuring that penalties imposed for minor breaches of customs regulations or the requirements of international trade procedures are proportionate and non-discriminatory and that their application does not result in unwarranted delays;
(j) agreement that their respective customs provisions and procedures shall not require the mandatory use of customs brokers.
2. The Parties shall not require the mandatory use of pre-shipment inspections as defined in the WTO Agreement on Pre-shipment Inspection, in relation to tariff classification and customs valuation.
3. In order to improve working methods, as well as to ensure non-discrimination, transparency, efficiency, integrity and accountability of operations, the Parties shall:
(a) take the necessary measures, based on the relevant international recommendations, to simplify and standardise the data and documentation required by customs and the other institutions involved with international trade; simplify administrative formalities and requirements wherever possible in order to reduce the time needed for clearance, release and removal of products;
(b) implement effective, prompt and non-discriminatory procedures enabling the right of appeal against rulings, decisions and actions by customs and other administrations which affect imports, exports or goods in transit. Procedures for appeal shall be easily accessible and any costs shall be reasonable and not in excess of the costs necessary to process them;
(c) ensure that the highest standards of integrity are maintained by applying measures in line with the principles of the relevant international instruments and conventions.
Article 36. Transit of Products
1. The Parties shall ensure freedom of transit through their territory via the route most convenient for transit. Any restrictions, controls or requirements must be non- discriminatory, proportionate and applied uniformly.
2. Without prejudice to legitimate customs control, the Parties shall accord to products in transit from the territory of one Party treatment not less favourable than that accorded to domestic products, in particular with respect to exports and imports and their movement.
3. The Parties shall operate bonded transport regimes that allow the transit of products without payment of duties or other charges, subject to the provision of an appropriate guarantee.
4. The Parties shall promote and implement regional transit arrangements.
5. The Parties shall use international standards and instruments relevant to transit.
6. The Parties shall ensure cooperation and coordination across all relevant agencies in their territories to facilitate traffic in transit and promote cross-border cooperation.
Article 37. Relations with the Business Community
1. The Parties agree:
(a) to ensure that all information on legislation, regulations, procedures and required documents, duties and taxes, fees and other charges may be made publicly available, where possible electronically;
(b) on the need for regular consultations with the business community on the drafting of texts related to customs and international trade issues. To this end, appropriate mechanisms for regular consultation shall be put in place by the Parties;
(c) that a sufficient period of time must elapse between the publication and entry into force of any legislation, procedure, duty or charge, whether new or amended.
(d) to foster cooperation between operators and relevant administrations via the use of non-arbitrary and accessible procedures, such as memoranda of understanding based on the protocols promulgated by the WCO;
(e) to ensure that administrations' requirements in terms of international trade continue to meet the needs of the business community, follow best practices, and remain as unrestrictive to trade as possible.
2. The Parties shall make publicly available relevant notices of an administrative nature, including agency requirements, procedures, opening hours and operating procedures for customs offices at entry and/or exit points, and contact or information points;
Article 38. Customs Valuation
1. Article VII of the GATT (1994) and the WTO Agreement on the implementation of Article VII of the GATT (1994) shall govern customs valuation rules applied to reciprocal trade between the Parties.
2. The Parties shall cooperate with a view to achieving a common approach to issues relating to customs valuation, including problems relating to transfer pricing.
Article 39. Regional Integration In Central Africa
In taking forward customs reforms, and in order to facilitate trade, the Parties shall promote regional integration in Central Africa, aiming at developing standardised:
- requirements
- documentation
- data requirements
- procedures
- authorised trader schemes
- border procedures and opening hours
- transit requirements, bonded transport and guarantee schemes.
This should involve close cooperation between all relevant agencies and be based, wherever possible, on the use of relevant international standards.
Chapter 4. Technical Barriers to Trade, and Sanitary and Phytosanitary Measures
Article 40. Objectives
The objectives of this Chapter are to facilitate trade in products between the Parties while increasing the capacity ofthePartiesto identify, prevent and eliminate obstacles to trade as a result of technical regulations, standards and conformity assessment procedures applied by either Party, and increasing the capacity of the Parties to protect plants, animals and public health.
Article 41. Multilateral Obligations and General Background
1. The Parties reaffirm their rights and obligations under the WTO Agreement, and in particular the WTO Agreements on the Application of Sanitary and Phytosanitary Measures ("SPS Agreement") and on Technical Barriers to Trade ("TBT Agreement"). In the event of an accession of a Central African Contracting State that is not a WTO member, the Parties agree that this paragraph should be amended to add:
"Central African Contracting States which are not members of the WTO also confirm their commitment to comply with the obligations set out in the SPS and TBT Agreements with regard to all matters concerning relations between the Parties."
2. The Parties reaffirm their commitment to improve public health in the territory of Cameroon, in particular by strengthening its capacity to identify unsafe products, pursuant to Article 47.
3. These commitments, rights and obligations shall inform the activities of the Parties under this Chapter.
Article 42. Scope and Definitions
1. This Chapter shall apply to those measures within the scope of the WTO SPS and TBT Agreements.
2. Unless specified otherwise, for the purposes of this Chapter, the definitions of the WTO SPS and TBT Agreements, CODEX Alimentarius, the International Plant Protection Convention and the World Organisation for Animal Health shall apply, also for all references to "products" in this Chapter.
Article 43. Competent Authorities
With regard to SPS measures, the authorities of the Parties which are responsible for the implementation of the measures referred to in this Chapter are to be notified as follows:
(i) the Parties will notify each other of a relevant competent authority on the coming into force of this Agreement and on any accession; and
(ii) the Parties shall inform each other in a timely manner of any significant changes to the competent authorities.
Article 44. Zoning
When defining import conditions, the Parties may, on a case-by-case basis, propose and identify zones with a defined sanitary or phytosanitary status, taking account of international standards.
Article 45. Transparency of Trade Conditions and Information Exchange
1. The Parties shall inform each other of any changes to their legal and administrative import requirements for products (including products of animals and/or vegetable origin).
2. The Parties reconfirm their obligations under the WTO SPS and TBT Agreements to inform each other of changes to the relevant standards or technical regulations through the mechanisms established under those Agreements.
3. The Parties shall also directly exchange information on other topics agreed by both Parties to be of potential importance for their trade relations, as and when necessary.
4. The Parties agree to collaborate in epidemiological surveillance on animal disease. Also in the domain of plant health, the Parties shall exchange information on the occurrence of pests of known and immediate danger to the other Party.
Article 46. Regional Integration
1. (a) Cameroon undertakes to encourage regional level initiatives to harmonise the standards and other measures within the scope of this Chapter at the regional level;
(b) Tn the event of an accession, the EPA Committee shall review and amend this paragraph. The amendments will set out steps to be taken in order to progress such harmonisation and a timetable for the steps to be completed.
2. (a) Paragraph (b) applies only in the event of an accession;
(b) With a view to facilitating trade in conformity with Article 40, the Central Africa Party agrees on the need to harmonise import conditions applicable to products originating in the territory of the UK when these products enter a Central African Contracting State. Where national import conditions already exist at the time of this Agreementâs entry into force, and pending the introduction of harmonised import conditions in the Central African region, the existing import conditions shall be implemented by the Central Africa Party on the basis that a product from the UK legally placed on the market of a Central African Contracting State may also be legally placed on the market of all other Central African Contracting States without any further restriction or administrative requirement.
Article 47. Capacity-building and Technical Assistance
In accordance with the provisions of Article 7, the Parties agree to cooperate in the following areas inter alia:
(a) For products referred to in Appendix IA, the Parties agree to cooperate with a view to strengthening both regional integration and control capacity in accordance with the objectives of this Agreement, and in such a manner as to facilitate trade between Cameroon and any other Central African Contracting States;