Article 187. Transparency
The Parties and the Signatory CARIFORUM States commit to developing, introducing and implementing any measures aimed at protecting the environment and public health that affect trade between the Parties in a transparent manner, with due notice and public and mutual consultation and with appropriate and timely communication to and consultation of non-state actors including the private sector. The Parties agree that satisfying the provisions on transparency included in Chapters 6 and 7 of Title I shall be deemed to satisfy the provisions of this Article as well.
Article 188. Upholding Levels of Protection
1. Subject to Article 184(1), the Parties agree not to encourage trade or foreign direct investment to enhance or maintain a competitive advantage by:
(a) Lowering the level of protection provided by domestic environmental and public health legislation;
(b) Derogating from, or failing to apply such legislation.
2. The Parties and the Signatory CARIFORUM States commit to not adopting or applying regional or national trade or investment-related legislation or other related administrative measures as the case may be in a way which has the effect of frustrating measures intended to benefit, protect or conserve the environment or natural resources or to protect public health.
Article 189. Consultation and Monitoring Process
1. The Parties recognise the importance of monitoring and assessing the impact of implementation of the Agreement on sustainable development through their respective participative processes and institutions, as well as those set up under this Agreement.
2. The Parties may consult each other and the CARIFORUM-UK Consultative Committee on environmental issues covered by Articles 183 to 188. Members of the CARIFORUM-UK Consultative Committee may submit oral or written recommendations to the Parties for disseminating and sharingbest practice relating to issues covered by this Chapter.
3. On any issue covered by Articles 183 to 188 the Parties may agree to seek advice from the relevant international bodies onbest practice, the use of effective policy tools for addressing trade-related environmental challenges, and the identification of any obstacles that may prevent the effective implementation of environmental standards under relevant Multilateral Environment Agreements.
4. A Party may request consultations with the other Party on matters concerning the interpretation and application of Articles 183 to 188. The consultations shall not exceed three months. In the context of this procedure any Party may independently seek advice from the relevant international bodies. In this case the limit for the period of consultations is extended by a further period of three months.
5. If the matter has not been satisfactorily resolved through consultations between the Parties pursuant to paragraph 3 any Party may request that a Committee of Experts be convened toexamine such matter.
6. The Committee of Experts shall comprise three members with specific expertise in the issues covered by this Chapter. The Chairperson shall not be a national of either Party. The Committee of Experts shall present to the Parties are port within three months of its composition. The report shall be made available to the CARIFORUM-UK Consultative Committee.
Article 190. Cooperation
1. The Parties recognise the importance of cooperating on environmental issues in order to achieve the objectives of this Agreement.
2. Subject to the provisions of Article 7, the Parties agree to cooperate, including by facilitating support in the following areas:
(a) Technical assistance to producers in meeting relevant product and other standards applicable in the United Kingdom market;
(b) Promotion and facilitation of private and public voluntary and market-based schemes including relevant labelling and accreditation schemes;
(c) Technical assistance and capacity building, in particular to the public sector, in the implementation and enforcement of multilateral environmental agreements, including with respect to trade-related aspects;
(d) Facilitation of trade between the Parties in natural resources, including timber and wood products, from legal and sustainable sources;
(e) Assistance to producers to develop and/or improve production of goods and services, which the Parties consider to be beneficial to the environment; and
(f) Promotion and facilitation of public awareness and education programmes in respect of environmental goods and services in order to foster trade in such products between the Parties.
Chapter 5. Social Aspect
Article 191. Objectives and Multilateral Commitments
1. The Parties reaffirm their commitment to the internationally recognised core labour standards, as defined by the relevant ILO Conventions, and in particular the freedom of association and the right to collective bargaining, the abolition of forced labour, the elimination of the worst forms of child labour and non- discrimination in respect to employment. The Parties also reaffirm their obligations as members of the ILO and their commitments under the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-Up (1998).
2. The Parties reaffirm their commitment to the 2006 Ministerial declaration by the UN Economic and Social Council on Full Employment and Decent Work, promoting the development of international trade in a way that is conducive to full and productive employment and decent work for all, including men, women and young people.
3. The Parties recognise the beneficial role that core labour standards and decent work can have on economic efficiency, innovation and productivity, and they highlight the value of greater policy coherence between trade policies, on the one hand, and employment and social policies on the other.
4. The Parties agree that labour standards should not be used for protectionist trade purposes.
5. The Parties recognise the benefits of commerce in fair and ethical trade products and the importance of facilitating such commerce between them.
Article 192. Levels of Protection and Right to Regulate
Recognising the right of the Parties and the Signatory CARIFORUM States to regulate in order to establish their own social regulations and labour standards in line with their own social development priorities, and to adopt or modify accordingly their relevant laws and policies, each Party and Signatory CARIFORUM State shall ensure that its own social and labour regulations and policies provide for and encourage high levels of social and labour standards consistent with the internationally recognised rights set forth in Article 191 and shall strive to continue to improve those laws and policies.
Article 193. Upholding Levels of Protection
Subject to Article 192, the Parties agree not to encourage trade or foreign direct investment to enhance or maintain a competitive advantage by:
(a) Lowering the level of protection provided by domestic social and labour legislation;
(b) Derogating from, or failing to apply such legislation and standards.
Article 194. Regional Integration
In the light of the social challenges facing their respective regions, and in order to promote the sustainable development of international trade, the Parties recognise the importance of establishing social cohesion policies and measures to promote decent work at regional level.
Article 195. Consultation and Monitoring Process
1. In accordance with Article 191, the Parties recognise theimportance of monitoring and assessing the operation of the Agreement on decent work and other areas of sustainable development through their respective participative processes and institutions, as well as those set up under this Agreement.
2. The Parties may consult each other and the CARIFORUM-UK Consultative Committee on social issues covered by Articles 191to 194. Members of the CARIFORUM-UK Consultative Committee may submit oral or written recommendations to the Parties for disseminating and sharing best practice relating toissues covered by this Chapter.
3. On any issue covered by Articles 191to 194 the Parties may agree to seek advice from the ILO on best practice, the use of effective policy tools for addressing trade-related social challenges, such as labour market adjustment, and the identification of any obstacles that may prevent the effective implementation of core labour standards.
4. A Party may request consultations with the other Party on matters concerning the interpretation and application of Articles191 to 194. The consultations shall not exceed three months. In the context of this procedure any Party may independently seek advice from the ILO. In this case the limit for the period ofconsultations is extended by a further period of three months.
5. If the matter has not been satisfactorily resolved throughconsultations between the Parties pursuant to paragraph 3 any Party may request that a Committee of Experts be convened to examine such matter.
6. The Committee of Experts shall comprise three members with specific expertise in the issues covered by this Chapter. The Chairperson shall not be a national of either Party. The Committee of Experts shall present to the Parties a report within three months of its composition. The report shall be made available to the CARIFORUM-UK Consultative Committee.
Article 196. Cooperation
1. The Parties recognise the importance of cooperating on social and labour issues in order to achieve the objectives of this Agreement.
2. Subject to the provisions of Article 7, the Parties agree to cooperate, including by facilitating support, in the following areas:
(a) Exchange of information on the respective social and labour legislation and related policies, regulations and other measures;
(b) The formulation of national social and labour legislation and the strengthening of existing legislation, as well as mechanisms for social dialogue, including measures aimed at promoting the Decent Work Agenda as defined by the ILO;
(c) Educational and awareness-raising programmes, including skills training and policies for labour market adjustment, and raising awareness of health and safety responsibilities, workers' rights and employers' responsibilities; and
(d) Enforcement of adherence to national legislation and work regulation, including training and capacity building initiatives of labour inspectors, and promoting corporate social responsibility through public information and reporting.
Article P III. Dispute Avoidance and Settlement
Article 202. Objective
The objective of this Part is to avoid and settle any dispute between the Parties with a view to arriving at a mutually agreed solution.
Article 203. Scope
This Part shall apply to any dispute concerning the interpretation and application of this Agreement.
Chapter 1. Consultations and Mediation
Article 204. Consultations
1. The Parties shall endeavour to resolve any dispute referred to in Article 203 by entering into consultations in good faith with the aim of reaching an agreed solution.
2. A Party shall seek consultations by means of a written request to the other Party, copied to the CARIFORUM-UK Trade and Development Committee, identifying the measure at issue and the provisions of the Agreement that it considers the measure not to be in conformity with.
3. Consultations shall be held within 40 days of the date of the submission of the request. The consultations shall be deemed concluded within 60 days of the date of the submission of the request, unless both Parties agree to continue consultations. 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 within15 days of the date of the submission of the request, and shall be deemed concluded within 30 days of the date of the submission of the request.
5. If consultations are not held within the timeframes laid down in paragraph 3 or in 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 the establishment of an arbitration panel in accordance with Article 206.
6. A Party shall not bring a dispute under this Part concerning the interpretation and application of Chapters 4 and 5 of Title IV unless the procedures of Article 189(3), (4) and (5) and Article195(3),(4) and (5), respectively have been invoked and thematter has not been satisfactorily resolved within 9 months of the initiation of the consultations. Consultations pursuant to those provisions shall replace those which would have been required under this Article.
Article 205. 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 themediation shall be the matter referred to in the request forconsultations.
2. Unless the Parties agree on a mediator within 15 days of thedate of the agreement to request mediation, the Chairperson of the CARIFORUM-UK Trade and Development Committee, or his or her delegate, shall select by lot a mediator from the pool of individuals who are on the list referred to in Article 221 and are not nationals of either Party. The selection shall be made within 25 days of the date of the submission of the agreement to request mediation and in the presence of a representative of each Party.The mediator will 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 notify an opinion no later than 45 days after having been selected.
3. The mediator's opinion may include a recommendation on how to resolve the dispute consistent 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 timelimits upon request of any of the Parties or on his own initiative, given the particular difficulties experienced by the Party concerned or the complexities of the case.
5. The proceedings involving mediation, in particular all information disclosed and positions taken by the Parties during these proceedings shall remain confidential.
Chapter 2. Dispute Settlement Procedures
Section 1. Arbitration Procedure
Article 206. Initiation of the Arbitration Procedure
1. Where the Parties have failed to resolve the dispute by recourse to consultations as provided for in Article 204, or by recourse to mediation as provided for in Article 205, the complaining Party may request the establishment of an arbitration panel.
2. The request for the establishment of an arbitration panel shall be made in writing to the Party complained against and the CARIFORUM-UK Trade and Development 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 of this Agreement.
Article 207. Establishment of the Arbitration Panel
1. An arbitration panel shall be composed of three arbitrators.
2. Within 10 days of the date of the submission of the request for the establishment of an arbitration panel to the CARIFORUM-UK Trade and Development Committee, the Parties shall consult 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 its composition within the time frame laid down in paragraph 2, either Party may request the Chairperson of the CARIFORUM-UK Trade and Development Committee, or her or his delegate, to select all three members by lot from the list established under Article 221, one among the individuals proposed by the complaining Party, one among the individuals proposed by the Party complained against and one among the individuals selected by the 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. In the event of a dispute concerning the interpretation and application of Chapters 4 and 5 of Title IV the panel shall comprise at least two members with specific expertise on the matters covered by that Chapter drawn from a list of 15 persons established by the CARIFORUM-UK Trade and Development Committee as provided for under Article 221.
5. The Chairperson of the CARIFORUM-UK Trade and Development Committee, or her or his delegate, shall select the arbitrators within five days of the request referred to in paragraph 3 by either Party and in the presence of arepresentative of each Party.
6. The date of establishment of the arbitration panel shall bethe date on which the three arbitrators are selected.
Article 208. Interim Panel Report
The arbitration panel shall notify to the Parties an interim report containing both the descriptive section and its 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 precise aspects of its interim report within 15 days of the notification of the report.
Article 209. Arbitration Panel Ruling
1. The arbitration panel shall notify its ruling to the Parties andto the CARIFORUM-UK Trade and Development Committee within 150 days from the date of the establishment of the arbitration panel. Where it considers that this deadline cannot be met, the Chairperson of the arbitration panel must notify the Parties and the CARIFORUM-UK Trade and Development Committee in writing, stating the reasons for the delay and thedate on which the panel plans to conclude its work. Under no circumstances should the ruling be notified later than 180 daysfrom the date of the establishment of the arbitration panel.
2. In cases of urgency, including those involving perishable and seasonal goods, the arbitration panel shall make every effort to notify its ruling within 75 days from the date of its establishment. Under no circumstance should it take longer than 90 days from its establishment. The arbitration panel may give a preliminary ruling within 10 days of its establishment on whether it deems the case to be urgent.
3. Either party may request the arbitration panel to provide a recommendation as to how the Party complained against could bring itself into compliance. In the event of a dispute concerning the interpretation and application of Chapters 4 or 5 of Title IV the arbitration panel shall include a recommendation on how to ensure compliance with the relevant provisions of these Chapters.
Section 2. Compliance
Article 210. Compliance with the Arbitration Panel Ruling
Each Party shall take any measure necessary to comply with the arbitration panel ruling, and the Parties will endeavour to agree on the period of time to comply with the ruling.
Article 211. The Reasonable Period of Time for Compliance
1. No later than 30 days after the notification of the arbitration panel ruling to the Parties, the Party complained against shall notify the complaining Party and the CARIFORUM-UK Trade and Development Committee of the time it will require forcompliance (reasonable period of time).
2. If there is disagreement between the Parties on thereasonable period of time to comply with the arbitration panelruling, the complaining Party shall, within 20 days of thenotification made under paragraph 1, request in writing thearbitration panel to determine the length of the reasonableperiod of time. Such request shall be notified simultaneously tothe other Party and to the CARIFORUM-UK Trade andDevelopment Committee. The arbitration panel shall notify itsruling to the Parties and to the CARIFORUM-UK Trade andDevelopment Committee within 30 days from the date of thesubmission of the request.
3. The arbitration panel shall, in determining the length of thereasonable period of time, take into consideration the length oftime that it will normally take the Party complained against toadopt comparable legislative or administrative measures to those identified by such Party as being necessary to ensure compliance.The arbitration panel shall also take into consideration demonstrable capacity constraints which may affect the adoption of the necessary measures by the Party complained against.
4. In the event of the original arbitration panel, or some of its members, being unable to reconvene, the procedures set out in Article 207 shall apply. The time limit for notifying the ruling shall be 45 days from the date of the submission of the request referred to in paragraph 2.5.The reasonable period of time may be extended by agreement of the Parties.
Article 212. Review of Any Measure Taken to Comply with the Arbitration Panel Ruling
1. The Party complained against shall notify the other Partyand the CARIFORUM-UK Trade and Development Committeebefore the end of the reasonable period of time of any measure that it has taken to comply with the arbitration panel ruling.
2. In the event that there is disagreement between the Parties concerning the compatibility of any measure notified underparagraph 1, with the provisions of this Agreement, the complaining Party may request in writing the arbitration panel to rule on the matter. Such request shall identify the specificmeasure at issue and it shall explain how such measure is incompatible with the provisions of this Agreement. The arbitration panel shall notify its ruling within 90 days of the date of the submission of the request. In cases of urgency, including those involving perishable and seasonal goods, the arbitration panel shall notify its ruling within 45 days of the date of the submission of the request.
3. In the event of the original arbitration panel, or some of its members, being unable to reconvene, the procedures set out in Article 207 shall apply. The time limit for notifying the ruling shall be 105 days from the date of the submission of the request referred to in paragraph 2.
Article 213. Temporary Remedies In Case of Non-compliance
1. If the Party concerned fails to notify any measure taken tocomply with the arbitration panel ruling before the expiry of thereasonable period of time, or if the arbitration panel rules thatthe measure notified under Article 212(1) is not compatible withthat Party's obligations under the provisions of this Agreement, the Party complained against shall, if so requested by the complaining Party, present an offer for compensation. Nothing in the Agreement shall require the Party complained against to offer financial compensation.
2. If no agreement on compensation is reached within 30 days of the end of the reasonable period of time or of the arbitration panel's ruling under Article 212 that a measure taken to comply is not compatible with the provisions of this Agreement, the complaining Party shall be entitled, upon notification to the other Party, to adopt appropriate measures. In adopting such measures the complaining Party shall endeavour to select measures that least affect the attainment of the objectives of this Agreement and shall take into consideration their impact on the economy of the Party complained against and on the individual CARIFORUM States. In addition, where the United Kingdom has obtained the right to adopt such measures, it shall select measures which are specifically aimed at bringing into compliance the CARIFORUM State or States whose measures were found to be in breach of this Agreement. The other CARIFORUM States shall facilitate the adoption of measures to comply with the arbitration panel ruling by the CARIFORUM State or States found to be in breach. In cases involving a dispute under Chapter 4 and 5 of Title IV, appropriate measures shall not include the suspension of trade concessions under this Agreement. The complaining Party may adopt the appropriate measures 10 days after the date of the notification.
3. The United Kingdom shall exercise due restraint in asking for compensation or adopting appropriate measures pursuant to paragraphs 1 or 2.
4. Compensation or appropriate measures shall be temporaryand shall be applied only until any measure found to violate the provisions of this Agreement has been withdrawn or amended so as to bring it into conformity with those provisions or until the Parties have agreed to settle the dispute.
Article 214. Review of Any Measure Taken to Comply after the Adoption of Appropriate Measures
1. The Party complained against shall notify the other Partyand the CARIFORUM-UK Trade and Development Committee of any measure it has taken to comply with the ruling of the arbitration panel and of its request for an end to application of appropriate measures by the complaining Party.
2. If the Parties do not reach an agreement on the compatibility of the notified measure with the provisions of this Agreement within 30 days of the date of the submission of the notification, the complaining Party shall request in writing the arbitration panel to rule on the matter. Such request shall be notified to the other Party and to the CARIFORUM-UK Trade and Development Committee. The arbitration panel ruling shall be notified to the Parties and to the CARIFORUM-UK Trade and Development Committee within 45 days of the date of the submission of the request. If the arbitration panel rules that any measure taken to comply is not in conformity with the provisions of this Agreement, the arbitration panel will determine whether the complaining Party can continue to apply appropriate measures. If the arbitration panel rules that any measure taken to comply is in conformity with the provisions of this Agreement, the appropriate measures shall be terminated.
3. In the event of the original arbitration panel, or some of its members, being unable to reconvene, the procedures laid down in Article 207 shall apply. The period for notifying the ruling shall be 60 days from the date of the submission of the request referred to in paragraph 2.
Section 3. Common Provisions
Article 215. Mutually Agreed Solution
The Parties may reach an agreed solution to a dispute under this Part at any time. They shall notify the CARIFORUM-UK Trade and Development Committee of any such solution. Upon adoption of the mutually agreed solution, the procedure shall be terminated.
Article 216. Rules of Procedure
1. Dispute settlement procedures under Chapter 2 of this Part shall be governed by the Rules of Procedure set out in Annex VIII.
2. Any meeting of the arbitration panel shall be open to the public in accordance with the Rules of Procedure, unless the arbitration panel decides otherwise on its own motion or at the request of the Parties.
Article 217. Information and Technical Advice
At the request of a Party, or upon its own initiative, the arbitration panel may obtain information from any source, including the Parties involved in the dispute, it deems appropriate for the arbitration panel proceeding. The arbitration panel shall also have the right to seek the relevant opinion of experts as it deems appropriate. Interested parties are authorised to submit amicus curiae briefs to the arbitration panel in accordance with the Rules of Procedure. Any information obtained in this manner must be disclosed to each of the Parties and submitted for their comments.
Article 218. Languages of the Submissions
1. The written and oral submissions of the Parties shall be made in any official languages of the Parties (1).
2. The Parties shall endeavour to agree on a common working language for any specific proceedings under this Part.
(1) For the purpose of this Article the official languages of the CARIFORUM States are Dutch, English, French and Spanish and the official language of the United Kingdom is English.
Article 219. Rules of Interpretation
Arbitration panels shall interpret the provisions of this Agreement in accordance with customary rules of interpretation of public international law, including those set out in the Vienna Convention on the Law of Treaties. The rulings of the arbitration panel cannot add to or diminish the rights and obligations provided in the provisions of this Agreement.
Article 220. Arbitration Panel Rulings
1. The arbitration panel shall make every effort to take any decision by consensus. Where, nevertheless, a decision cannot be arrived at by consensus, the matter at issue shall be decided by majority vote. However, in no case dissenting opinions of arbitrators shall be published.
2. The ruling shall set out the findings of fact, the applicability of the relevant provisions of this Agreement and the reasoning behind any findings and conclusions that it makes. The CARIFORUM-UK Trade and Development Committee shall make the arbitration panel rulings publicly available unless it decides not to do so.
Article 221. List of Arbitrators
1. The CARIFORUM-UK Trade and Development Committee shall, no later than three months after the provisional application of this Agreement, establish a list of 15 individuals who are willing and able to serve as arbitrators. Each of the Parties shall select five individuals to serve as arbitrators. The Parties shall also agree on five individuals that are not nationals of either Party and who shall act as Chairperson to the arbitration panel. The CARIFORUM-UK Trade and Development Committee will ensure that the list is always maintained at this level.
2. Arbitrators shall have specialised knowledge of or experience in law and international trade. They shall be independent, serve in their individual capacities and not take instructions from any organisation or government, or be affiliated with the government of any of the Parties, and shall comply with the Code of Conduct annexed to the Rules of Procedures.
3. The CARIFORUM-UK Trade and Development Committeemay establish an additional list of 15 individuals having asectoral expertise in specific matters covered by this Agreement.When recourse is made to the selection procedure of Article 207, the Chairperson of the CARIFORUM-UK Trade and DevelopmentCommittee may use such a sectoral list upon agreement of bothParties. The CARIFORUM-UK Trade and Development Committee shall establish an additional list of 15 individuals having an expertise in the specific matters covered by Chapters 4 and 5 of Title IV.
Article 222. Relation with Wto Obligations
1. Arbitration bodies set up under this Agreement shall notadjudicate disputes on each Party or Signatory CARIFORUM States' rights and obligations under the Agreement establishing the WTO.
2. Recourse to the dispute settlement provisions of this Agreement shall be without prejudice to any action in the WTO framework, including dispute settlement action. However, where a Party or Signatory CARIFORUM State has, with regard to a particular measure, instituted a dispute settlement proceeding, either under Article 206(1) of this Part or under the WTO Agreement, it may not institute a dispute settlement proceeding regarding the same measure in the other forum until the first proceeding has ended. For purposes of this paragraph, dispute settlement proceedings under the WTO Agreement are deemed to be initiated by a Party or Signatory CARIFORUM State's request for the establishment of a panel under Article 6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes of the WTO.
3. Nothing in this Agreement shall preclude a Party or Signatory CARIFORUM State from implementing the suspension of obligations authorised by the Dispute Settlement Body of theWTO. Nothing in the WTO Agreement shall preclude Parties from suspending benefits under this Agreement.
Article 223. Time Limits
1. All time limits laid down in this Part, including the limits forthe arbitration panels to notify their rulings, shall be counted incalendar days from the day following the act or fact to whichthey refer.
2. Any time limit referred to in this Part may be extended by mutual agreement of the Parties.
Article P IV. General Exceptions
Article 224. General Exception Clause
1. Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitraryor unjustifiable discrimination between the Parties where like conditions prevail, or a disguised restriction on trade in goods, services or establishment, nothing in this Agreement shall beconstrued to prevent the adoption or enforcement by the United Kingdom, the CARIFORUM States or a Signatory CARIFORUM State of measures which:
(a) Are necessary to protect public security and public morals (1) or to maintain public order;
(1)The Parties agree that, in accordance with Chapter 5 of Title IV, measures necessary to combat child labour shall be deemed to be included within the meaning of measures necessary to protect public morals or measures necessary for the protection of health.relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts;
(b) Are necessary to protect human, animal or plant life or health;
(c) Are necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement including those relating to:
(i) The prevention of deceptive and fraudulent practicesor to deal with the effects of a default on contracts;
(ii) The protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts;
(iv) Customs enforcement; or
(v) Protection of intellectual property rights;
(d) Relate to the importation or exportation of gold or silver;