2. Any such amendment shall enter into force one month after the date on which the last of the instruments of Ratification is deposited.
3. Notwithstanding paragraph I hereof no amendments may be made to the Treaty prior to May 1. 1974.
Article 27. WITHDRAWAL
1. A Member State may withdraw from the Community by giving notice in writing to the Secretariat and the Secretariat shall promptly notify the other Member States. Such withdrawal shall take effect 12 months after the notice is received by the Secretariat.
2. A Member State so withdrawing undertakes to honour any financial obligations duly assumed during its membership of the Community.
Article 28. NEGOTIATION AND CONCLUSION OF AGREEMENTS
1. For the purpose of negotiating agreements, the Conference may designate any institution of the Community to carry out negotiations.
2. Unless otherwise determined by the Conference in any particular case, the conclusion of agreements by the Community shall be undertaken by the Conference.
Article 29. ACCESSION TO THE TREATY
1. Any State or Territory of the Caribbean Region may apply to the Conference to become a member of the Community and may, if the Conference so decides, be admitted to membership in accordance with paragraph 2 of this Article.
2. Admission to membership shall be upon such terms and conditions as the Conference may decide and shall take effect from the date on which an appropriate instrument of accession is deposited with the Secretariat.
Article 30. ASSOCIATE MEMBERSHIP
1. Any State which in the opinion of the Heads of Government Conference is qualified for membership of the Community in accordance with paragraph l(b) of Article 2 of this Treaty may, upon application to the Conference for associate membership of the Community, be admitted as an associate member of the Community in accordance with paragraph 2 of this Article.
2. On an application made under paragraph I of this Article the Conference shall determine the conditions under which the applicant State may be associated with the Community.
Article 31. SAVING
1. Member States that are not also members of the Common Market shall not be entitled to participate in the decisions taken under the Treaty relating to the Common Market.
2. Decisions taken under this Treaty requiring such action shall be subject to the relevant constitutional procedures of the respective Member States.
3. Where necessary, Member States undertake to take steps as expeditiously as possible to give full effect in law to all decisions of the organs and institutions of the Community which are binding on them.
4. Member States shall not participate in decisions with respect to the subject of which they do not possess the necessary competence.
Article 32. STATUS OF THE ANNEX AND SCHEDULE
The Annex and Schedule to this Treaty shall form an integral part of this Treaty.
Article 33. GENERAL PROVISIONS OF THE COMMON MARKET
The provisions of the Annex shall govern the establishment, membership and operation of the Common Market.
Conclusion
IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly authorised thereto by their respective Governments, have affixed their signatures below this Treaty.
Done at Chaguaramas on the fourth day of July in the year one thousand nine hundred and seventy-three.
Signed by ERROL W. BARROW
For the Government of Barbados on 4TH JULY 1973.
Signed by L.F.S. BURNHAM
For the Government of Guyana on 4TH JULY 1973.
Signed by MICHAEL MANLEY
For the Government of Jamaica on 4TH JULY 1973.
Signed by ERIC WILLIAMS
For the Government of Trinidad and Tobago on 4TH JULY, 1973.
Attachments
ANNEX TO THE TREATY. THE CARIBBEAN COMMON MARKET
PREAMBLE
The Governments of the Contracting States:
Noting that the Agreement establishing the Caribbean Free Trade Association had expressly foreshadowed "the ultimate creation of a viable economic community of Caribbean Territories";
Recognising that over the past five years the Caribbean Free Trade Association has laid the foundation for further progress in regional economic integration;
Convinced that closer economic integration among Member States will contribute to the creation of a viable economic community of the Commonwealth Caribbean Countries;
Acknowledging that it is the intention to establish a Common External Tariff as an integral feature of the Caribbean Common Market;
Have Agreed as follows:--
Chapter I. Principles
1. ESTABLISHMENT OF THE CARIBBEAN COMMON MARKET
There is hereby established a Caribbean Common Market (hereinafter referred to as the 'Common Market') which shall have membership powers and functions hereinafter specified.
2. MEMBERSHIP
(a) Membership of the Common Market shall be open to--
(i) Antigua
(ii) Barbados
(iii) Belize
(iv) Dominica
(v) Grenada
(vi) Guyana
(vii) Jamaica (viii) Montserrat
(ix) St. Kitts-Nevis-Anguilla
(x) St. Lucia
(xi) St. Vincent
(xii) Trinidad and Tobago
(b) any other state of the Caribbean region that is in the opinion of the Conference of Heads of Government (hereinafter referred to as the 'Conference') mentioned in Article 6 of the Treaty establishing the Caribbean Community, able and willing to exercise the rights and assume the obligations of membership in accordance with Article 65 of this Annex.
2. States listed in paragraph l(a) of this Article the Governments of which are parties to the Treaty establishing the Caribbean Community (hereinafter referred to as the 'Treaty') shall become members of the Common Market.
3. OBJECTIVES OF THE COMMON MARKET
The Common Market shall have as its objectives--
(a) the strengthening, coordination and regulation of the economic and trade relations among Member States in order to promote their accelerated harmonious and balanced development;
(b) the sustained expansion and continuing integration of economic activities, the benefits of which shall be equitably shared taking into account the need to provide special opportunities for the Less Developed Countries;
(c) the achievement of a greater measure of economic independence and effectiveness of its Member States in dealing with states, groups of states and entities of whatever description.
4. GENERAL UNDERTAKING AS TO IMPLEMENTATION
Member States shall take all appropriate measures, whether general or particular, to ensure the carrying out of the obligations arising out of this Annex or resulting from decisions taken by the Organs and Institutions of the Common Market. They shall facilitate the achievement of the objectives of the Common Market. They shall abstain from any measures which could jeopardise the attainment of the objectives of this Annex.
Chapter II. Organs of the Common Market
5. THE COUNCIL
1. There shall be established a Common Market Council (hereinafter referred to as ' 'the Council") which, subject to paragraph 3 of Article 8 of the Treaty, shall be the principal organ of the Common Market.
2. Each Member State shall be represented on the Council.
6. COMPOSITION
1. The Council shall consist of one Minister of Government designated by each Member State.
2. Where the Minister designated under paragraph l of this Article is unable to attend a meeting of the Council the Member State may designate any person as an alternate to attend in his stead.
7. FUNCTIONS AND POWERS
1. The Council shall, in order to ensure the achievement of the objectives set out in this Annex and in accordance with the provisions thereof, be responsible for:
(a) exercising such powers and performing such duties as are conferred or imposed upon it by this Annex;
(b) ensuring the efficient operation and development of the Common Market including the settlement of problems arising out of its functioning;
(c) keeping this Annex under constant review with a view to making proposals to the Conference for the progressive development of the Common Market;.
(d) receiving and considering references alleging breaches of any obligations arising under this Annex and deciding thereon;
(e) considering what further action should be taken by Member States and the Common Market and making proposals to the Conference to facilitate the establishment of closer economic and commercial links with other States, association of States or international organisations.
2. The Council may regulate its own procedure including the establishment of such committees and other bodies as it may deem necessary to perform its functions and may decide to admit to its deliberations observers, representatives of non-Member States or other entities.
8. VOTING
1. Each Member State represented on the Council shall have one vote.
2. Except in so far as this Annex provide otherwise, decisions and recommendations of the Council shall be made by an affirmative vote of all its representatives.
3. A decision shall be binding upon each Member State to which it is directed. A recommendation shall have no binding force.
4. For the purposes of this Article, abstentions shall not be construed as impairing the validity of decisions or recommendations of the Council provided that not less than three-quarters of its members including at least two of the More Developed Countries vote in favour of any decision or recommendation.
9. THE COMMON MARKET SECRETARIAT
The Secretariat referred to in Article l5 of the Treaty shall be the Secretariat responsible for the administrative functions of the Common Market.
10. FUNCTIONS OF THE SECRETARIAT
The Secretariat shall--
(a) service meetings of the Common Market and any of its Committees;
(b) take appropriate follow-up action on decisions arrived at such meetings;
(c) initiate, arrange, and carry out studies on questions of economic integration relating to theregion;
(d) provide services to Member States at their request in respect of matters relating to the achievement of the objectives of the Common Market;
(e) undertake any other duties which may be assigned to it by the Council.
11. DISPUTES PROCEDURE WITHIN THE COMMON MARKET
1. If any Member State considers that any benefit conferred upon it by this Annex or any objective of the Common Market is being or may be frustrated and if no satisfactory settlement is reached between the Member States concerned any of those Member States may refer the matter to the Council.
2. The Council shall promptly, make arrangements for examining the matter. Such arrangements may include a reference to a Tribunal constituted in accordance with Article 12 of this Annex. The Council shall refer the matter at the request of any Member State concerned to the Tribunal. Member States shall furnish all information which may be required by the Tribunal or the Council in order that the facts may be established and the issue determined.
3. If in pursuance of the foregoing provisions of this Article the Council or the Tribunal, as the case may be, finds that any benefit conferred on a Member State by this Annex or any objective of the Common Market is being or may be frustrated, the Council may, by majority vote, make to the Member State concerned such recommendations as it considers appropriate.
4. If a Member State to which a recommendation is made under paragraph 3 of this Article does not or is unable to comply with such recommendation the Council may, by majority vote, authorise any Member State to suspend to the Member State which has not complied with the recommendation the application of such obligations under this Annex as the Council considers appropriate.
5. Any Member State may at any time while any matter is under consideration under this Article request the Council to authorise, as a matter of urgency, interim measures to safeguard its position. If the matter is being considered by the Tribunal such request
Shall be referred by the Council to the Tribunal for its recommendation. If it is found by a majority vote of the Council that the circumstances are sufficiently serious to justify interim action, and without prejudice to any action which it may subsequently take in accordance with the preceding paragraphs of this Article, the Council may, by majority vote, authorise a Member State to suspend its obligations under this Annex to such an extent and for such period as the Council considers appropriate.
12. REFERENCE TO TRIBUNAL
1. The establishment and composition of the Tribunal referred to in Article11 of this Annex shall be governed by the following provisions of this Article.
2. For the purposes of establishing an ad hoc tribunal referred to in Article 11 of this Annex, a list of arbitrators consisting of qualified jurists shall be drawn up and maintained by the Secretary-General. To this end, every Member State shall be invited to nominate two persons, and thenames of the persons so nominated shall constitute the list. The term of an arbitrator, including that of any arbitrator nominated to fill a vacancy, shall be five years and may be renewed.
3. Each party to the dispute shall be entitled to appoint from the list an arbitrator to an ad hoc tribunal. The two arbitrators chosen by the parties shall be appointed within 30 days following the date on which the notification was received by the Secretary-General. The two arbitrators shall within 15 days following the date of the last of their own appointments, appoint a third arbitrator from the list who shall be the chairman; as far as practicable the chairman shall not be a national of any of the parties to the dispute.
4. Where the first two arbitrators fail to appoint a chairman within the period prescribed, the Secretary-General shall within 15 days following the expiry of that period appoint a chairman. If any party fails to appoint an arbitrator within the period prescribed for such an appointment, the Secretary-General shall appoint an arbitrator within 15 days following the expiry of such period. Any vacancy shall be filled in the manner specified for the initial appointment.
5. Where more than two Member States are parties to a dispute, the parties concerned shall agree among themselves on the two arbitrators to be appointed from the list. In the absence of such appointment within the prescribed period, the Secretary-General shall appoint a sole arbitrator whether from the list or otherwise, for the purpose.
6. An ad hoc tribunal shall decide its own procedure and may, with the consent of the parties to the dispute, invite any party to this Annex to submit its views orally or in writing.
7. The Secretary-General shall provide the ad hoc tribunal with such assistance and facilities as it may require.
8. The expenses of-the ad hoc tribunal shall be defrayed in such manner as determined by the Council.
9. Member States undertake to employ the procedures set out in this Article for the settlement of any dispute specified in paragraph1 of Article11 and to refrain from any other method of disputes settlement.
Chapter III. Trade Liberalisation
13. EXCLUSION FROM THIS ANNEX
1. Subject to the provisions of this Article, nothing in this Annex shall be taken to prevent the Member State concerned from imposing import duties or quantitative restrictions on the products listed in Schedule I to this Annex for such periods as are specified therein for the purpose of giving effect to any undertaking by such Member State respecting import duties or quantitative restrictions.
2. Each Member State shall take all reasonable steps open to it in connection with any undertaking referred to in paragraph l of this Article in order to implement any of its obligations under this Annex respecting import duties or quantitative restrictions on such products.
3. Where no expiry date is specified in Schedule I to this Annex, the Member State concerned shall take all reasonable steps open to it to implement any of its obligations in respect of commodities under this Annex respecting corresponding import duties or quantitative restrictions on such products at the earliest practicable date.
4. Where in consequence of any Member State availing itself of any exemption under paragraphs 1 to 3 any other Member State considers that a benefit conferred on it by this Annex respecting import duties or quantitative restrictions on such products is being or may be frustrated that other Member State may refer the matter to Council.
5. Upon reference under paragraph 4 of this Article the Council may unless the matter is otherwise resolved, authorise upon such terms and conditions as it thinks fit the Member State making the reference to suspend, in relation to the Member State availing itself of the exemption, the performance of such of its obligations in respect of commodities under this Annex respecting import duties or quantitative restrictions on such products as the Council considers appropriate.
6. The Council shall keep under continuous review the observance by Member States of the provisions of paragraphs 2 and 3 Of this Article and may from time to time, by majority vote, recommend to any Member State such measures as it thinks fit for the purposes of those paragraphs.
14. COMMON MARKET ORIGIN
1. Subject to Schedule II to this Annex, in this Annex goods shall be treated as being of Common Market origin if they are consigned from a Member State to a consignee in another Member State and comply with any one of the following conditions, that is to say, the goods must--
(a) have been wholly produced within the Common Market;
(b) fall within a description of goods listed in a Process List to be established by the decision of Council and have been produced within the Common Market by the appropriate qualifying process described in that List, or
(c) have been produced within the Common Market and the value of any materials imported from outside the Common Market or of undetermined origin which have been used at any stage of the production of the goods does not exceed--
(i) In a Less Developed Member Country 60 per cent of the export price of the goods;
(ii) In any other Member State 50 per cent of the export price of the goods.
2. For the purposes of sub-paragraphs (a) to (c) of paragraph l of this Article, materials listed in the Basic Materials List which forms the Appendix to Schedule II to this Annex which have been used in the state described in that List in a process of production within the Common Market shall be deemed to contain no element from outside the Common Market.
3. Nothing in this Annex shall prevent a Member State from treating as of Common Market origin any imports consigned from another Member State, provided that the like imports consigned from any other Member State are accorded the same treatment.
4. The Council shall keep Schedule II and the Process List established under subparagraph (b) of Paragraph l of this Article under continuous review and may amend them in order to ensure the smooth operation of the rules of origin of the Common Market.
15. IMPORT DUTIES
1. Except as provided in Article 52 and Schedule III to this Annex Member States shall not apply any import duties on goods of Common Market origin.
2. Nothing in paragraph l of this Article shall be construed to extend to the imposition of non-discriminatory internal charges on any products or a substitute not produced in the importing Member State.
3. For the purposes of this Article and Schedule III to this Annex the term "import duties" means any tax or surtax of customs and any other charges of equivalent effect whether fiscal, monetary or exchange, which are levied on imports except duties notified under Article 17 of this Annex and other charges which fall within that Article.
4. Nothing in Paragraph 3 of this Article shall be construed to exclude from the application of paragraph 1 of this Article any tax or surtax of Customs on any product or a substitute not produced in the importing State.
5. This Article does not apply to fees and similar charges commensurate with the cost of services rendered.
16. EXPORT DRAWBACK
1. Each Member State may refuse to treat as of Common Market origin goods which benefit from export drawback allowed by Member States in which the goods have undergone the processes of production which form the basis of the claim to Common Market origin. In applying this paragraph, each Member State shall accord the same treatment to imports consigned from all other Member States.
2. For the purposes of this Article--
(a) "export drawback" means any arrangement for the refund or remission, wholly or in part, of import duties applicable to imported materials, provided that the arrangement, expressly or in effect, allows refund or remission if certain goods or materials are exported, but not if they are retained for home use;
(b) "remission" includes exemption for materials brought into free ports and other places which have similar customs privileges;
(c) "duties" means
(i) all charges on or in connection with importation, except fiscal charges to which Article 17 of this Annex applies; and
(ii) any protective element in such fiscal charges;
(d) "materials" and "process of production" have the meanings assigned to them
In Rule 1 of Schedule II to this Annex.
17. REVENUE DUTIES AND INTERNAL TAXATION
1. Except as provided in Article 52 of Schedule IV to this Annex Member States shall not--