(b) For the products referred to in Appendix IB, the Parties agree to cooperate with a view to improving the competitiveness and quality of their products.
Chapter 5. Forestry Governance and Trade In Timber and Forest Products
Article 48. Definitions
Unless specified otherwise, for the purposes of this Chapter the description âforest productsâ shall also include non-timber forest products and their derivatives.
Article 49. Scope
The provisions of this Chapter shall apply to trade in timber and forest products originating in the Central African region and to the sustainable management of the forests from which these products are extracted.
Article 50. Trade In Timber, Non-timber Forest Products and Derivatives
1. The Parties shall work together to facilitate trade between the UK and Cameroon in timber and forest products which come from objectively verifiable legal sources and help to achieve sustainable development. The Parties agree to:
(a) implement measures to increase market confidence regarding the origin of forest products, particularly their legal and/or sustainable origin. These measures may include systems to improve the traceability of timber and forest products sold both within the Central African region and between the Cameroon and the UK;
(b) put in place an audit and surveillance system that is independent of the control chain.
2. The Parties shall explore possible ways of improving commercial opportunities for timber and forest products with a legal or sustainable origin in the Central African region on the market of the UK. These measures may include, inter alia, stronger public procurement policies, measures to raise consumer awareness, measures to promote the processing of forest products in the Central African region, and activities and initiatives in association with private-sector operators.
3. The Parties undertake to develop non-discriminatory policies and/or legislation within the scope of this Chapter; they also undertake to ensure the effective and non-discriminatory implementation of these policies and/or legislation, in accordance with WTO provisions.
Article 51. Regional Integration
1. Cameroon undertakes to encourage work towards building and implementing a regional framework to govern trade in timber and forest products originating in Central Africa, including the appropriate cooperation mechanisms and legislation to ensure that it is applied and implemented effectively.
2. Cameroon shall work towards developing protocols and/or guidelines for cooperation between the competent authorities in Central Africa which are responsible for implementation, to ensure that intra-regional trade in timber and forest products from Central Africa come from objectively verifiable legal sources.
3. In the event of an accession, the EPA Committee shall review and amend this Article. The amendments will set out steps to be taken in order to achieve the regional framework, the protocols and/or guidelines referred to in paragraphs 1 and 2; and a timetable for the steps to be completed.
Article 52. 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) facilitating assistance with a view to strengthening regional integration, for example the implementation of the Treaty on the Conservation and Sustainable Management of Forests in Central Africa ("COMIFAC") and the Sub-regional Convergence Plan, and with a view to building capacity in order to fulfil the commitments set out in this Chapter;
(b) supporting public and private commercial initiatives, particularly in terms of exports to the UK market, for local processing of timber and forest products originating in Central Africa which come from objectively verifiable legal sources and help to achieve sustainable development.
Article 53. Other Agreements
Without prejudice to the provisions of this Chapter, trade in timber and forest products shall be governed in line with the Convention on International Trade in Endangered Species of Wild Fauna and Flora ("CITES") and any voluntary partnership agreements to which Cameroon and any other Central African Contracting States might adhere individually or collectively with the UK on forest law enforcement, governance and trade.
Title IV. ESTABLISHMENT, TRADE IN SERVICES AND E-COMMERCE
Article 54. Framework
1. The Parties reaffirm their respective commitments under the General Agreement on Trade in Services.
2. The Parties undertake to extend the scope of this Agreement, by negotiating the necessary provisions for the gradual, asymmetrical and reciprocal liberalisation of establishment and trade in services.
Article 55. Cooperation
The Parties, recognising that strengthening trade capacity can support the development of economic activities, particularly in the services sectors, and strengthen their regulatory framework, reaffirm their respective obligations as set out in Annex V.
Title V. TRADE-RELATED RULES
Chapter 1. Current Payments and Capital Movements
Article 56. Continuation of Negotiations on Current Payments and Movement of Capital
1. The Parties recognise the need to guarantee that cross-border flows of the funds necessary for the liberalisation of trade in products and services, and for investments by one of the Parties in the region of the other Party, cannot be restricted or prevented by one of the Parties. Any obstacle to these flows would be contrary to the objectives of liberalisation, given that trade or investment, although itself permissible, could not give rise to payment or financing from abroad.
2. To achieve this objective, the Parties undertake to conclude negotiations on a series of issues related to the following:
(a) liberalisation of flows of funds relating to trade in products and services, known as "current payments";
(b) liberalisation of flows of funds relating to "investments", known as "movements of capital relating to investments", including repatriation of investments and profits;
(c) a safeguard clause, granting a short-term derogation from freedom of capital movement, on grounds of serious difficulties as regards monetary situation or balance of payments;
(d) a development clause, providing for the liberalisation of other types of capital movements not related to investment.
Chapter 2. Competition
Article 57. Continuation of Negotiations on Competition
1. The Parties recognise the importance of free and undistorted competition in their trade relations and the fact that certain anti-competitive practices may restrict trade between the Parties and thus hinder the achievement of the objectives of this Agreement.
2. The Parties therefore agree to take part in negotiations to include a chapter on competition in this Agreement, which will include the following in particular:
(a) anti-competitive practices which are considered incompatible with the proper functioning of this Agreement, insofar as they can affect trade between the Parties;
(b) provisions on the effective implementation of competition rules and policies and of regional policies in Central Africa which govern the anti- competitive practices identified in accordance with paragraph 2(a); and
(c) provisions on technical assistance by independent experts to ensure that the Chapter's objectives are achieved and that Central Africaâs competition policies are properly implemented at regional level.
3. The negotiations shall be based on a two-step approach, first applying the rules in the context of regional integration in Central Africa and, after a transition period to be determined jointly, applying the rules bilaterally.
Chapter 3. Intellectual Property
Article 58. Continuation of Negotiations on Intellectual Property
1. The Parties reaffirm their rights and obligations arising from the Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPS"), and recognise the need to ensure an adequate and effective level of protection of intellectual, industrial and commercial property rights, and other rights covered by the TRIPS Agreement, in line with international standards and with a view to reducing distortions and impediments to bilateral trade.
2. With due regard for the powers transferred to the African Intellectual Property Organisation ("OAPI"), the Parties undertake to conclude negotiations on a series of commitments regarding intellectual property rights.
3. The Parties also agree to strengthen their cooperation in the area of intellectual property rights. Such cooperation shall be directed at supporting the implementation of each Party's commitments and shall extend to the following areas inter alia:
(a) reinforcement of regional integration initiatives in Central Africa with a 35 view to improving regional regulatory capacity, regional laws and regulations;
(b) prevention of the abuse of such rights by right-holders and the infringement of such rights by competitors;
(c) support in the preparation of national laws and regulations in Central Africa for the protection and enforcement of intellectual property rights.
4. The negotiations shall be based on a two-step approach, first applying the rules in the context of regional integration in Central Africa and, after a transition period to be determined jointly, applying the rules bilaterally.
5. In conducting the negotiations, the different levels of development in Cameroon and any other Central African Contracting States should be taken into account.
Chapter 4. Public Procurement
Article 59. Continuation of Negotiations on Public Procurement
1. The Parties recognise the contribution of transparent and competitive tendering to economic development. They therefore agree to negotiate the gradual and mutual opening of their public procurement markets, while recognising their different levels of development, under the conditions set out in paragraph 3.
2. To achieve this objective, the Parties shall conclude negotiations on a set of potential commitments on procurement, which shall include in particular the following:
(a) transparent and non-discriminatory rules, procedures and principles to be applied;
(b) lists of the products covered and the thresholds applied;
(c) effective challenge procedures;
(d) measures to support capacities to implement these commitments, including making use of opportunities created by information technologies.
3. The negotiations shall be based on a two-step approach, first applying the rules in the context of regional integration in Central Africa and, after a transition period to be determined jointly, applying the rules bilaterally.
4. In conducting the negotiations, the UK shall take into account the development, financial and trade needs of Cameroon and any other Central African Contracting States, which may take the form of the following measures in the interest of special and differential treatment:
(a) appropriate implementation periods, where required, to bring government procurement measures into line with any specific procedural requirements;
(b) adoption or retention of transitional measures such as a price preference programme or offset, in accordance with a phasing-out schedule.
Chapter 5. Sustainable Development
Article 60. Continuation of Negotiations on Sustainable Development
1. The Parties recognise that sustainable development is an overall objective of the EPA. They therefore agree to ensure that sustainability considerations are reflected in all titles of the EPA and to draft specific chapters covering environmental and social issues.
2. To achieve this objective, the Parties shall conclude negotiations on a set of potential commitments on sustainable development, which shall include in particular the following:
(a) level of protection and right to regulate;
(b) regional integration in Central Africa, use of international environmental standards and of the International Labour Organization and promotion of decent work;
(c) upholding levels of protection;
(d) consultation and monitoring procedures.
3. In conducting the negotiations, the UK shall take into account the development needs of Cameroon and any other Central African Contracting States, which may take the form of provisions on cooperation in this field.
Chapter 6. Protection of Personal Data
Article 61. Overall Objective the Parties, Recognising:
(a) their common interest in protecting the fundamental rights and freedoms of natural persons, and in particular their right to privacy, with respect to the processing of personal data;
(b) the importance of maintaining effective data protection regimes as a means of protecting the interests of consumers, stimulating investor confidence and facilitating cross-border flows of personal data;
(c) the need to collect and process personal data in a transparent and fair manner, with due respect accorded to the data subject,
agree to establish appropriate legal and regulatory regimes, and the appropriate administrative capacity to implement them, including independent supervisory authorities, in order to ensure an adequate level of protection of individuals with regard to the processing of personal data, in line with the highest international standards (5).
Article 62. Definitions for the Purposes of this Chapter:
(a) "personal data" shall mean any information relating to an identified or identifiable natural person (data subject);
(b) "processing of personal data" shall mean any operation or set of operations which is performed upon personal data, such as collection, recording, organisation, storage, alteration, retrieval, consultation, use, disclosure, combination, blocking, erasure or destruction, as well as transfers of personal data across national borders;
(i) Guidelines on computerised personal data files, as amended by the United Nations General Assembly on 20 November 1990.
(ii) Recommendation of the OECD Council of 11 July 2013 adopting a revised Recommendation Conceming Guidelines Governing the Protection of Privacy and Transborder Flows of Personal Data.
(c) "data controller" shall mean the natural or legal person, authority or any other body which determines the purposes and means of the processing of personal data.
Article 63. Principles and General Rules
The Parties agree that the legal and regulatory regimes and administrative capacity to be established shall, at a minimum, include the following content principles and enforcement mechanisms:
(a) Content principles
(i) The purpose limitation principle - data should be processed for a specific purpose and subsequently used or further communicated only insofar as this is not incompatible with the purpose of the transfer. The only exemptions to these rights should be those provided for in legislation and necessary in a democratic society for the protection of important public interests;
(ii) The data quality and proportionality principle - data should be accurate and, where necessary, kept up to date. The data should be adequate, relevant and not excessive in relation to the purposes for which they are transferred or further processed;
(iii) The transparency principle - individuals should be provided with information as to the purpose of the processing and the identity of the data controller in the third country, and other information insofar as this is necessary to ensure fairness. The only exemptions to these rights should be those provided for in legislation and necessary in a democratic society for the protection of important public interests;
(iv) The security principle - the data controller should take technical and organisational security measures that are appropriate to the risks presented by the processing. Any person acting under the authority of the data controller, including a processor, must not process data except on instructions from the controller;
(v) The rights of access, rectification and opposition - the data subject should have the right to obtain a copy of all data relating to him/her that are processed, and the right to rectify those data where they are shown to be inaccurate. In certain situations, he/she should also be able to object to the processing of the data relating to him/her. The only exemptions to these rights should be those provided for in legislation and necessary in a democratic society for the protection of important public interests;
(vi) Restrictions on onward transfers - as a matter of principle, further transfers of the personal data by the recipient of the original data transfer should be permitted only where the second recipient (i.e. the recipient of the onward transfer) is also subject to rules affording an adequate level of protection;
(vii) Sensitive data - where special categories of data are involved, revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade-union membership, data concerning health and sex, and data relating to offences, criminal convictions or security measures, additional safeguards should be in place.
(b) Enforcement mechanisms
Appropriate mechanisms should be in place to ensure that the following objectives are achieved:
(i) to ensure a good level of compliance with the rules, including a high degree of awareness among data controllers of their obligations and among data subjects of their rights and the means of exercising them; the existence of effective and dissuasive sanctions; and systems of verification by authorities, auditors or independent data protection officials;
(ii) to provide support and help to individual data subjects in the exercise of their rights, which they must be able to enforce rapidly and effectively, and without prohibitive cost, including through an appropriate institutional mechanism allowing independent investigation of complaints;
(iii) to provide appropriate redress to the injured party where rules are not complied with, allowing compensation to be paid and sanctions imposed where appropriate.
Article 64. Consistency with International Commitments
1. The Parties shall keep each other informed, via the EPA Committee, of the multilateral commitments and agreements with third countries in which they may participate, or of any obligation by which they may be bound and which could be relevant to the application of this Chapter, and in particular of any agreement providing for the processing of personal data, such as personal data being collected, stored or accessed by third parties or transferred to third parties.
2. The Parties may request consultations to discuss any matter which may arise.
Article 65. Cooperation
The Parties acknowledge the importance of cooperation in order to facilitate the development of appropriate legislative, judicial and institutional frameworks and to ensure an adequate level of protection of personal data that is consistent with the objectives and principles contained in this Chapter.
Title VI. DISPUTE AVOIDANCE AND SETTLEMENT
Chapter 1. Objective and Scope
Article 66. Objective
The objective of this Title is to avoid and settle any dispute between the Parties with a view to arriving, where possible, at a mutually agreed solution
Article 67. Scope
This Title shall apply to any dispute relating to the interpretation or application of this Agreement, except where specifically provided otherwise.
Chapter 2. Consultations and Mediation
Article 68. Consultations
1. The Parties shall endeavour to resolve disputes under this Agreement by entering into good faith consultations with the aim of reaching a mutually acceptable solution.
2. A Party seeking consultations shall do so by means of a written request to the other Party, copied to the EPA Committee, identifying the measure at issue and the provisions of the Agreement with which it considers the measure not to be in conformity.
3. The consultations shall be held within 40 days of the date on which the request is submitted. The consultations shall be deemed concluded within 60 days of the date of submission of the request unless both Parties agree to continue. All information disclosed during the consultations shall remain confidential.
4. Consultations on matters of urgency, including those regarding perishable or seasonal goods, shall be held within 15 days of the date of submission of the request, and shall be deemed concluded within 30 days of the date of submission of the request.
5. If consultations are not held within the time limits laid down in paragraph 3 or paragraph 4 respectively, or if consultations have been concluded and no agreement has been reached on a mutually agreed solution, the complaining Party may request that an arbitration panel be established in accordance with Article 70.
Article 69. Mediation
1. If consultations fail to produce a mutually agreed solution, the Parties may, by agreement, seek recourse to a mediator. Unless the Parties agree otherwise, the terms of reference for the mediation shall be the matter referred to in the request for consultations.
2. Unless the Parties agree on a mediator within 15 days of submission of the mediation request, the EPA Committee shall select by lot a mediator from the pool of individuals who areon the list referred to in Article 85 and are not nationals of either Party. The selection shall be made within 20 days of submission of the mediation request and in the presence of a representative of each Party. The mediator shall convene a meeting with the Parties no later than 30 days after being selected. The mediator shall receive the submissions of each Party no later than 15 days before the meeting and communicate an opinion no later than 45 days after having been selected.
3. The mediator's opinion may include recommendations on how to resolve the dispute in accordance with the provisions of this Agreement. The mediator's opinion is non-binding.
4. The Parties may agree to amend the time limits referred to in paragraph 2. The mediator may also decide to amend these time limits at the request of any of the Parties or on his own initiative, based on the particular difficulties experienced by the Party concerned or the complexity of the case.
5. The mediation proceedings, and in particular all information disclosed and positions taken by the Parties during these proceedings, shall remain confidential.
Chapter 3. Procedures for the Settlement of Disputes
Section I. Arbitration Procedure
Article 70. Initiation of the Arbitration Procedure
1. Where the Parties have failed to resolve the dispute by recourse to consultations as provided for in Article 68, or by recourse to mediation as provided for in Article 69, the complaining Party may request that an arbitration panel be established.
2. A request for the establishment of an arbitration panel shall be addressed in writing to the Party which is the subject of the complaint and to the EPA Committee. The complaining Party shall identify in its request the specific measures at issue, and it shall explain how such measures constitute a breach of the provisions referred to in Article 67.
Article 71. Establishment of an Arbitration Panel
1. An Arbitration Panel shall be composed of three arbitrators.
2. Within 10 days of the date on which the request for the establishment of an arbitration panel is submitted, the Parties shall consult each other in order to reach an agreement on the composition of the arbitration panel.
3. In the event that the Parties are unable to agree on the panelâs composition within the time limit laid down in paragraph 2, either Party may request that the chairperson of the EPA Committee, or his or her delegate, select all three members by lot from the list drawn up under Article 85: one from among the individuals proposed by the complaining Party, one from among the individuals proposed by the Party complained against and one from among the individuals selected by both Parties to act as chairperson. Where the Parties agree on one or more of the members of the arbitration panel, any remaining members shall be selected by the same procedure.
4, The chairperson of the EPA Committee, or his or her delegate, shall select the arbitrators within five days of the request referred to in paragraph 3 being submitted by either Party and in the presence of a representative of each Party.
5. The date of establishment of the arbitration panel shall be the date on which the three arbitrators are selected.
Article 72. Interim Report by the Panel
The arbitration panel shall submit to the Parties an interim report containing both the descriptive sections and the panel's findings and conclusions, as a general rule not later than 120 days from the date of establishment of the arbitration panel. Any Party may submit written comments to the arbitration panel on specific aspects of its interim report within 15 days of submission of the report.
Article 73. Arbitration Panel Ruling
1. The arbitration panel shall notify the Parties and the EPA Committee of its ruling within 150 days from the date on which the arbitration panel is established. Where it considers that this deadline cannot be met, the chairperson of the arbitration panel shall notify the Parties and the EPA Committee in writing, stating the reasons for the delay and the date on which the panel plans to conclude its work. Under no circumstances should the ruling be notified later than 180 days from the date of establishment of the arbitration panel.
2. In urgent cases, including those involving perishable or seasonal goods, the arbitration panel shall make every effort to issue its ruling within 75 days of the date of its establishment. Under no circumstance should it take longer than 90 days from the date of its establishment to issue the ruling. The arbitration panel may give a preliminary ruling within ten days of its establishment on whether it deems the case to be urgent.
3. Either disputing Party may ask an arbitration panel to make recommendations on how the Party complained against could comply.
Section II. Compliance
Article 74. Compliance with the Arbitration Panel Ruling
Each Party or, as appropriate, Central African Contracting States, shall take any measure necessary to implement the arbitration panel ruling, and the Parties shall endeavour to agree on a deadline for compliance with the ruling.
Article 75. Reasonable Period of Time for Compliance
1. No later than 30 days after the Parties have been notified of the arbitration panel ruling, the Party complained against shall notify the complaining Party and the EPA Committee of the time it will require for compliance ("reasonable period of time").