2. Before imposing definitive anti-dumping or countervailing measures on goods, the Parties shall consider the possibility of constructive solutions, such as those provided for in the relevant WTO agreements. In particular, they may hold appropriate consultations to this end.
3. The EC Party shall notify Côte d'Ivoire of the receipt of a sufficiently-documented complaint before opening an inquiry.
4. The provisions of this Article shall be applicable to 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.
Article 24. Multilateral Safeguard Measures
1. Subject to the provisions of this Article, this Agreement does not prevent Côte d'Ivoire and the EC Party from adopting measures in accordance with Article XIX of GATT 1994, the Agreement on Safeguards or Article 5 of the WTO Agreement on Agriculture. For the purposes of this Article, origin is determined in accordance with the non-preferential rules of origin of the Parties.
2. Notwithstanding paragraph 1, in the light of the general development objectives of this Agreement and the small scale of the Côte d'Ivoire economy, the EC Party shall exclude imports from Côte d'Ivoire from all measures taken pursuant to Article XIX of GATT 1994, the Agreement on Safeguards and Article 5 of the WTO Agreement on Agriculture.
3. The provisions of paragraph 2 shall apply for a period of five years, beginning with the date of entry into force of this Agreement. At the latest 120 days before the end of this period, the EPA Committee shall re-examine the implementation of these provisions in the light of the development needs of Côte d'Ivoire, in order to determine whether their period of application should be extended.
4. The provisions of paragraph 1 shall not be subject to the dispute settlement mechanisms of this Agreement.
Article 25. Bilateral Safeguard Measures
1. After examining the alternative solutions, a Party may take safeguard measures of limited duration which derogate from the provisions of Articles 12 and 13, under the conditions of, and in accordance with, the procedures laid down by this Article.
2. The safeguard measures referred to in paragraph 1 may be taken where a product originating in one Party is 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 injury to the domestic industry of similar or directly competitive products in the territory of the importing Party;
(b) disruptions in a sector of the economy, particularly where these disruptions produce major social problems or difficulties which could bring about serious deterioration in the economic situation of the importing Party; or
(c) disruptions in the markets for similar or directly competitive agricultural products (3) or of the mechanisms regulating these markets in the territory of the importing Party.
3. The safeguard measures referred to in this Article shall not exceed that which is strictly necessary to prevent or remedy serious injury or disruptions as defined in paragraphs 2, 4 and 5. These safeguard measures of the importing Party may consist only of one or more of the following:
(a) the suspension of any further reduction in the customs duty on imports applicable for the product concerned, as provided for by this Agreement;
(b) an increase in the customs duty on the product concerned up 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. Notwithstanding paragraphs 1 and 2, when a product originating in Côte d'Ivoire is imported in such increased quantities and under such conditions as to cause or threaten to cause one of the situations described in paragraphs 2(a), (b) and (c) in one or more outermost regions of the EC Party, the EC Party may take surveillance or safeguard measures, as provided for in paragraph 3, limited to the region(s) concerned and in accordance with the procedures defined in paragraphs 6 to 9.
5. (a) When a product originating in the EC Party is imported in such increased quantities and under such conditions as to cause or threaten to cause one of the situations described in paragraphs 2(a), (b) and (c), Côte d'Ivoire may take surveillance or safeguard measures limited to its territory in accordance with the procedures defined in paragraphs 6 to 9;
(b) Notwithstanding paragraphs 1 and 2, Côte d'Ivoire may take safeguard measures as provided for in paragraph 3 when a product originating in the EC Party is imported in such increased quantities and under such conditions as to cause or threaten to cause disturbances to an infant industry producing similar or directly competitive products.
Such provision shall be applicable only for a period of ten years from the date of entry into force of this Agreement. However, this period may be extended subject to an agreement between the Parties when, despite the development potential of the industry and the efforts actually made, this objective has not been achieved owing in particular to the world economic situation or to serious problems affecting Côte d'Ivoire.
The measures must be taken in compliance with the provisions of paragraphs 6 to 9.
6. (a) The safeguard measures referred to in this Article shall be maintained only for the period necessary to prevent or resolve serious damage or disruptions such as those described in paragraphs 2, 4 and 5;
(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 Côte d'Ivoire applies a safeguard measure, or where the EC Party applies a measure limited to the territory of one or more of its outermost regions, this measure may nevertheless be applied for a period of no more than four years and, when the circumstances justifying the imposition of safeguard measures continue to exist, be extended for a further four-year period;
(c) The safeguard measures referred to in this Article which exceed one year shall be accompanied by clear evidence of a progressive move towards eliminating the causes of the damage and disruptions and the measures at the latest by the end of the established period;
(d) Except in exceptional circumstances subject to the assessment of the EPA Committee, no safeguard measures referred to in this Article shall be applied to a product which has previously been subject to such a measure for a period of at least one year from the date of expiry of this measure.
7. The following provisions shall apply for implementation of paragraphs 1 to 6:
(a) When a Party considers that one of the circumstances referred to in paragraphs 2, 4 and/or 5 exists, it shall immediately refer the matter to the EPA Committee;
(b) The EPA Committee can make any necessary recommendation to remedy the circumstances which have arisen. Where the EPA Committee has not made recommendations to remedy the circumstances, or where a satisfactory solution has not been found in the 30 days following notification to this Committee, the importing Party may adopt appropriate measures to remedy the circumstances, in accordance with this Article;
(c) Before taking a measure provided for in this Article or, in the cases referred to in paragraph 8, as soon as possible, the Party concerned shall communicate to the EPA Committee all information which can be used for a full examination of the situation with a view to finding an acceptable solution for the Parties;
(d) When selecting safeguard measures, priority must be given to those which help to efficiently and rapidly solve the problem, while causing the least possible disruption to the smooth functioning of this Agreement;
(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 abolition as soon as circumstances permit.
8. Where exceptional circumstances require immediate action, the importing Party concerned, whether the EC Party or Côte d'Ivoire, as the case may be, may take the measures provided for in paragraphs 3, 4 and/or 5 on a provisional basis and without meeting the requirements of paragraph 7. Such action may be taken for a maximum period of 180 days where the measures are taken by the EC Party and 200 days when the measures are taken by Côte d'Ivoire, or when the measures of the EC Party are limited to one or more of its outermost regions. The duration of such provisional measures shall be counted as a part of the initial period or of any extension referred to in paragraph 6. When taking these provisional measures, the interests of all stakeholders must be taken into account. The importing party concerned shall inform the other Party and immediately refer the matter to the EPA Committee for examination.
9. 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.
10. The WTO Agreement shall not be invoked to prevent a Party from adopting safeguard measures under this Article.
Article 26. Cooperation
1. The Parties recognise the importance of cooperation on trade defence instruments.
2. The Parties agree to cooperate in accordance with Article 4, including through the facilitation of assistance measures, particularly in the following fields:
(a) the development of regulations and institutions to ensure trade defence;
(b) the development of capacity to use the trade defence instruments provided for in this Agreement.
Chapter 3. Customs Regime and Trade Facilitation
Article 27. Objectives
1. The Parties recognise the importance of customs issues and of facilitating trade in the evolving context of world trade. They agree to strengthen cooperation in this area with a view to ensuring that the relevant legislation and procedures, as well as the administrative capacity of the administrative authorities concerned, to fulfil the objectives relating to the effective control and facilitation of trade, and to help promote the development and regional integration of the signatory countries.
2. The Parties agree that the legitimate objectives of public policy, including those in relation to security and fraud prevention, shall not be compromised in any way.
3. The Parties undertake to ensure the free movement of the goods covered by this Agreement in their respective territories.
Article 28. Customs and Administrative Cooperation
1. In order to ensure compliance with the provisions of this Title, and to respond effectively to the objectives set out in Article 27, the Parties shall:
(a) exchange information concerning customs legislation and procedures;
(b) develop joint initiatives relating to import, export and transit procedures and initiatives to offer an efficient service to the business community;
(c) cooperate on the automation of customs procedures and other trade procedures and, where appropriate, endeavour to establish common data exchange standards;
(d) establish wherever possible common positions in relation to customs in international organisations such as the WTO, the World Customs Organisation (WCO), the United Nations (UN) and the United Nations Conference on Trade and Development (UNCTAD);
(e) cooperate on the planning and implementation of technical assistance, in particular with a view to facilitating customs reforms and to facilitating trade in accordance with the provisions of the Agreement; and
(f) encourage cooperation between all the agencies concerned, both within the country and between countries.
2. Notwithstanding paragraph 1, the administrative authorities of the Parties shall provide mutual administrative assistance for customs matters, in accordance with the provisions of the Protocol on Mutual Administrative Assistance in Customs Matters.
Article 29. Customs Legislation and Procedures
1. The Parties agree that their respective trade and customs legislation, provisions and procedures shall draw on international instruments and standards applicable in the fields of customs and trade, in particular the substantive elements of 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"), the WCO Framework of Standards to Secure and Facilitate Global Trade, the WCO data set and the International Convention on the Harmonised Commodity Description and Coding System (HS).
The Parties shall ensure the free transit of goods through their territory on the most suitable transit route.
Any restrictions, controls or requirements must be justified by a legitimate public policy objective, and must be non-discriminatory, proportionate and applied in a uniform manner.
Without prejudice to legitimate customs checks, the Parties shall treat goods in transit to or from the territory of the other Party no less favourably than domestic goods, exports, imports and their movement.
The Parties shall establish transport regimes under customs control to allow the transit of goods exempt from the payment of customs duties and other charges, subject to the provision of appropriate guarantees.
The Parties shall endeavour to promote and implement regional transit regimes with the aim of reducing barriers to trade.
The Parties shall have recourse to the international standards and instruments relating to the transit of goods.
The Parties shall ensure the cooperation and coordination of all the relevant authorities in their territories in order to facilitate transit traffic and promote cross-border cooperation.
2. In order to improve working methods and ensure respect for the principles of non-discrimination, transparency, efficiency, integrity and accountability, the Parties shall:
(a) take the necessary measures to reduce, simplify and standardise the data and documents required by customs and other related authorities;
(b) simplify customs requirements and formalities wherever possible, in respect of the rapid release and clearance of goods;
(c) provide efficient, prompt and non-discriminatory procedures enabling the right of appeal against administrative actions, rulings and decisions by the customs authorities affecting imports, exports or goods in transit. These procedures shall be easily accessible to the applicants, including small and medium-sized enterprises, and the related costs shall be reasonable and proportionate to the costs incurred by lodging the appeal;
(d) ensure that the highest standards of integrity are maintained, through the application of measures reflecting the principles set out in the relevant international conventions and instruments in this field.
Article 30. Relations with the Business Community
The Parties agree:
(a) to ensure that all the legislation, procedures, fees and charges and their justification are made publicly available, where possible by electronic means;
(b) on the need for consultation with trade representatives in due time and on a regular basis regarding legislative proposals and procedures relating to customs and trade issues. To this end, appropriate and regular mechanisms for consultation between the administrative authorities and the business community shall be established by each Party;
(c) that a sufficient period of time must pass between the publication and the entry into force of a new or amended law, procedure, right or charge; The Parties shall publish administrative information concerning in particular agency requirements, entry procedures, working hours and operational procedures of the customs authorities in ports and at border posts, and also on information contact points:
(d) to encourage cooperation between the operators and the competent administrative authorities through the use of non-arbitrary, publicly accessible procedures such as the protocols of agreement, based on those promulgated by the WCO;
(e) to ensure that their respective customs and related regimes and the requirements and procedures associated with them continue to meet the needs of the business community, are in line with best practices and remain as unrestrictive as possible for trade.
Article 31. Customs Value
1. Article VII of GATT 1994 and the WTO Agreement on Implementation of Article VII of GATT 1994 shall govern the customs valuation rules applied to trade between the Parties.
2. The Parties shall cooperate with a view to taking a common approach to issues relating to customs valuation.
Article 32. Regional Integration
The Parties agree to push forward customs reforms aimed at facilitating trade in the region of West Africa.
Article 33. Continuation of Customs and Trade Facilitation Negotiations
As part of the negotiations on a global EPA, the Parties agree to continue the negotiations on this Chapter in order to complete it within a regional framework.
Article 34. Special Committee on Customs and Trade Facilitation
Through the EPA Committee, the Parties shall establish a special committee on customs and trade facilitation, composed of representatives from both Parties. This committee shall report to the EPA Committee. It shall discuss all customs issues with a view to facilitating trade between the Parties and shall monitor the implementation and administration of this Chapter as well as the implementation of the rules of origin.
Article 35. Cooperation
1. The Parties recognise the importance of cooperation on customs and trade facilitation for the implementation of this Agreement.
2. The Parties agree to cooperate pursuant to the provisions of Article 4, including through the facilitation of assistance measures, particularly in the following fields:
(a) the development of appropriate, simplified legislative and regulatory provisions;
(b) awareness-raising and information aimed at operators, including training for the staff concerned;
(c) strengthening the capacities of the customs authorities, and modernising and establishing links between them.
Chapter 4. Technical Barriers to Trade, Sanitary and Phytosanitary Measures
Article 36. Multilateral Obligations
The Parties reaffirm their rights and obligations under the Agreement establishing the WTO and, in particular, the WTO Agreements on the Application Sanitary and Phytosanitary Measures (SPS Agreement) and on Technical Barriers to Trade (TBT Agreement). The Parties also reaffirm their rights and obligations under the International Plant Protection Convention (IPPC), the Codex Alimentarius, and the World Animal Health Organisation (OIE).
The Parties reaffirm their commitment to improving public health in Côte d'Ivoire, in particular by strengthening its capacities to identify non-compliant products.
These commitments, rights and obligations underpin the activity of the Parties in relation to this Chapter.
Article 37. Objectives
The objectives of this Chapter are to facilitate the trade in goods between the Parties, and to increase their ability to identify, prevent and eliminate unnecessary barriers to trade caused by technical regulations, standards and conformity assessment procedures applied by either Party, while preserving the Parties' ability to protect public health, animals and plants.
Article 38. Scope and Definitions
1. The provisions of this Chapter shall apply to technical regulations and standards, to the conformity assessment procedures set out in the TBT Agreement and to the sanitary and phytosanitary measures (hereinafter the "SPS standards") in so far as they affect trade between the Parties.
2. For the purposes of this Chapter and except where otherwise indicated, the definitions of the SPS and TBT Agreements, the Codex Alimentarius, the IPPC and the OIE shall apply, including for all references to "products" in this Chapter and in the Appendices to this Agreement.
Article 39. Competent Authorities
The authorities of the Parties responsible for the implementation of the measures set out in this Chapter are described in Appendix II. In accordance with Article 41, the Parties shall keep each other informed in due time of any significant changes in the competent authorities listed in Appendix II. The EPA Committee shall adopt any necessary amendments to Appendix II.
Article 40. Determination of Sanitary and Phytosanitary Areas
In relation to importing conditions, the Parties may, on a case-by-case basis, identify and put forward areas with an established sanitary and phytosanitary status, with reference to Article 6 of the SPS Agreement.
Article 41. Transparency of Trade Conditions and Exchange of Information
1. The Parties shall inform each other of any changes to their technical regulations for the products (in particular live animals and plants).
2. The Parties agree to inform each other in writing, as soon as possible, of the measures taken to prohibit the importation of goods in a spirit of collaboration with the aim of addressing a given problem concerning health (public, animal or plant), prevention or the environment, in accordance with the recommendations set out in the SPS Agreement.
3. The Parties agree to exchange information with the aim of cooperating to ensure that their products comply with the technical regulations and standards subject to which they may access each other's markets.
4. The Parties shall also directly exchange information on other areas which the Parties agree to be of potential importance for their trade relations, including food safety issues, the sudden appearance of animal or plant diseases, scientific opinions and other noteworthy events relating to product safety. In particular, the Parties undertake to inform each other when they apply the principle of pest- or disease-free areas and areas of low pest or disease prevalence, as provided for in Article 6 of the SPS Agreement.
5. The Parties agree to exchange information on the epidemiological surveillance of animal diseases. As regards phytosanitary protection, the Parties will inform each other of the appearance of parasites presenting a known and immediate danger for the other Party.
6. The Parties agree to cooperate with a view to rapidly alerting each other when new regional rules might have an impact on mutual trade.
Article 42. Cooperation In International Bodies
The Parties agree to cooperate with the international standardisation bodies, including with the aim of facilitating the participation of Ivorian representatives in the meetings of these bodies.
Article 43. Cooperation
1. The Parties recognise the importance of cooperating in the areas of technical regulations, standards and conformity assessment in order to achieve the objectives of this Chapter.
2. The Parties agree to cooperate in accordance with the provisions of Article 4 with a view to improving the quality and competitiveness of priority products for Côte d'Ivoire and access to the European Community market, including through assistance measures, particularly those which are financial in nature, in the following fields:
(a) the establishment of an appropriate framework for the exchange of information and sharing of expertise between the Parties;
(b) the adoption of technical standards and regulations, conformity assessment procedures and sanitary and phytosanitary measures which are harmonised at regional level on the basis of the relevant international standards;
(c) the strengthening of the capacities of public and private stakeholders, including information and training, with a view to complying with the standards, regulations and measures of the European Community, and to participating in international authorities;
(d) the development of national capacities for assessing the conformity of products and access to the market of the European Community.
Title IV. Services, Investments and Rules Concerning Trade
Article 44.
On the basis of the Cotonou Agreement, the Parties shall take all necessary measures and cooperate in order to encourage the negotiation and earliest possible conclusion of a global EPA in accordance with the relevant WTO provisions between the EC Party and West Africa as a whole, in the following areas:
(a) trade in services and e-commerce;
(b) investments;
(c) current payments and capital movements;
(d) competition;
(e) intellectual property;
(f) public procurement;
(g) sustainable development;
(h) the protection of personal data. The Parties shall adopt all appropriate measures with a view to encouraging the conclusion of a global EPA between the EC Party and West Africa before the end of 2008.
Title V. Prevention and Settlement of Disputes
Chapter 1. Objective and Scope
Article 45. Objective
The objective of this Title is to prevent and settle disputes which could occur between the Parties in order to reach, as far as possible, a mutually satisfactory solution.
Article 46. Scope
1. This Title shall apply to all disputes concerning the interpretation or application of this Agreement, with the exception of the provisions of Title II of the Agreement and except where specifically provided otherwise.
2. Notwithstanding paragraph 1, the procedure set out in Article 98 of the Cotonou Agreement shall apply in the event of disputes concerning the financing of cooperation on development, as specified in the Cotonou Agreement.
Chapter 2. Consultation and Mediation
Article 47. Consultations
1. The Parties shall endeavour to settle disputes covered by Article 46 by entering into consultations in good faith in order to reach a mutually satisfactory solution.
2. A Party wishing to enter into consultations does so by presenting a request in writing to the other Party with a copy to the EPA Committee, specifying the measure in question and the provisions of the Agreement with which, in its opinion, the measure fails to comply.
3. The consultations shall be initiated within 40 days of the date on which the request was submitted. They shall be considered closed within 60 days of the date on which the request was submitted unless the Parties agree to pursue them. The information exchanged during the consultations shall remain confidential.
4. In urgent situations, in particular those involving perishable or seasonal foodstuffs, the consultations shall be initiated within 15 days of the date on which the request was submitted and considered closed within 30 days of the date on which the request was submitted.
5. If the consultations are not initiated within the time-limits specified in paragraph 3 or paragraph 4, or if the consultations are closed without an agreement on a mutually satisfactory solution, the complaining Party shall have the option of requesting the creation of a special arbitration group in accordance with Article 49.
Article 48. Mediation
1. If the consultations do not lead to a mutually satisfactory solution, the Parties may, by amicable agreement, resort to a mediator. Unless the Parties decide otherwise, the terms of reference of the mediation shall be those set out in the consultation request.