1. The Parties shall promote to the fullest extent possible regional integration in the field of customs and shall work on the development of regional customs legislation, procedures and requirements, in line with the relevant international standards.

2. The Special Committee on Customs Cooperation and Trade Facilitation provided for in Article 36 shall carry out an ongoing monitoring of the implementation of the provisions of this Article.

Article 35. Cooperation

1. The Parties recognise the importance of cooperation as regards customs and trade facilitation measures 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, notably in the following areas:
(a) the application of modern customs techniques, including risk assessment, advance binding rulings, simplified procedures for entry and release of goods, post release controls and company audit methods;
(b) introduction of procedures and practices which reflect as far as practicable, international instruments and standards applicable in the field of customs and trade, including WTO rules and WCO instruments and standards, inter alia, the revised Kyoto Convention on the simplification and harmonisation of customs procedures and the WCO Framework of Standard to Secure and Facilitate Global Trade; and
(c) the automation of customs and other trade procedures.

Article 36. Special Committee on Customs Cooperation and Trade Facilitation

1. The Parties agree to establish a Special Committee on Customs Cooperation and Trade Facilitation which shall be made up of representatives of the Parties. This Committee shall meet on a date and with an agenda agreed in advance by the Parties. The office of Chairperson of this Committee shall rotate annually between the Parties. The Committee shall report to the CARIFORUM-EC Trade and Development Committee.

2. The functions of the Committee shall include:
(a) monitoring the implementation and administration of the provisions of this Chapter;
(b) carrying out the tasks and functions set down in Protocol I;
(c) providing a forum for consultation between the Parties with regard to the obligations provided under Protocol II;
(d) enhancing cooperation and dialogue between the Parties on tariff matters, customs legislation and procedures, mutual administrative assistance in customs matters, rules of origin and administrative cooperation; and
(e) discussing issues relating to technical assistance activities.

Chapter 5. Agriculture and Fisheries

Article 37. Objectives

1. The Parties agree that the fundamental objective of this Agreement is the sustainable development and the eradication of poverty in CARIFORUM States, and the smooth and gradual integration of these economies into the global economy. In the agricultural and fisheries sectors, this Agreement should contribute to increasing the competitiveness of production, processing and trade in agricultural and fishery products in both traditional and non-traditional sectors, between the Parties, consistent with the sustainable management of natural resources.

2. The Parties acknowledge the economic and social importance of activities relating to fisheries and the utilisation of the living marine resources of CARIFORUM States, and the need to maximise those benefits in relation to such factors as food security, employment, poverty alleviation, foreign exchange earnings and social stability of fishing communities.

3. The Parties recognise that the fisheries and marine ecosystems of the CARIFORUM States are complex, biologically diverse and fragile and that exploitation should take into account these factors through effective conservation and management of fisheries resources and related ecosystems based on sound scientific advice and on the precautionary principle as defined by the FAO Code of Conduct on Responsible Fisheries.

4. The Parties recognise that ensuring food security and enhancing livelihoods of rural and fishing communities are critical elements of the eradication of poverty, and the pursuit of sustainable development. They consequently recognise the need to avoid major disruption of markets for agricultural, food and fish products in CARIFORUM States. 5. The Parties agree to take full account of the diversity of the economic, social and environmental characteristics and needs and development strategies of the CARIFORUM States.

Article 38. Regional Integration

The Parties recognise that the integration of the agricultural, food and fisheries sectors across CARIFORUM States, through the progressive removal of remaining barriers and the provision of an appropriate regulatory framework, will contribute to the deepening of the regional integration process and the realisation of the objectives of this Chapter.

Article 39. Enabling Policies

The CARIFORUM States commit themselves to adopting and implementing policies and institutional reforms to enable and facilitate the achievement of the objectives of this Chapter.

Article 40. Food Security

1. The Parties acknowledge that the removal of barriers to trade between the Parties, as envisaged in this Agreement, may pose significant challenges to CARIFORUM producers in the agricultural, food and fisheries sectors and to consumers and agree to consult with each other on these issues.

2. Where compliance with the provisions of this Agreement leads to problems with the availability of, or access to, foodstuffs or other products essential to ensure food security of a Signatory CARIFORUM State and where this situation gives rise or is likely to give rise to major difficulties for such a State, that Signatory CARIFORUM State may take appropriate measures in accordance with the procedures laid down in paragraphs 7(b) to ((d), 8 and 9 of Article 25.

Article 41. Exchange of Information and Consultation

1. The Parties agree to exchange experiences, information and best practices and to consult on all issues related to the pursuit of the objectives of this Chapter and relevant to trade between the Parties.

2. The Parties agree that dialogue would be particularly useful in the following areas:
(a) Exchange of information on agriculture production, consumption and trade and on the respective market developments for agricultural and fisheries products;
(b) Promotion of investment in CARIFORUM agricultural, food and fisheries sectors, including small-scale activities;
(c) Exchange of information on agriculture, rural development and fisheries policies, laws and regulations;
(d) Discussion of policy and institutional changes needed to underpin the transformation of the agricultural and fisheries sectors as well as the formulation and implementation of regional policies on agriculture, food, rural development and fisheries in pursuit of regional integration;
(e) Exchange of views on new technologies as well as policies and measures related to quality.

Article 42. Traditional Agricultural Products

1. The Parties commit to undertake prior consultations on trade policy developments that may impact on the competitive positions of traditional agricultural products, including bananas, rum, rice and sugar, in the market of the EC Party.

2. The EC Party shall endeavour to maintain significant preferential access within the multilateral trading system for these products originating in the CARIFORUM States for as long as is feasible and to ensure that any unavoidable reduction in preference is phased in over as long a period as possible.

Article 43. Cooperation

1. The Parties acknowledge the importance of the agricultural, food and fisheries sectors to the economies of CARIFORUM States and of cooperating to promote the transformation of these sectors, with the aim of increasing their competitiveness, developing their capacity to access high quality markets and in view of their potential contribution to the sustainable development of the CARIFORUM States. They recognise the need to facilitate the adjustment of the agricultural, food and fisheries sectors and the rural economy, to the progressive changes brought about by this Agreement, while paying particular attention to small scale operations.

2. Subject to the provisions of Article 7, the Parties agree to cooperate, including by facilitating support, in the following areas:
(a) Improvement in the competitiveness of potentially viable production, including downstream processing, through innovation, training, promotion of linkages and other support activities, in agricultural and fisheries products, including both traditional and non traditional export sectors;
(b) Development of export marketing capabilities, including market research, both for trade between CARIFORUM States and between the Parties, as well as the identification of options for the improvement of marketing infrastructure and transportation, and the identification of financing and cooperation options for producers and traders;
(c) Compliance with and adoption of quality standards relating to food production and marketing, including standards relating to environmentally and socially sound agricultural practices and organic and non-genetically modified foods;
(d) Promotion of private investment and public-private partnerships in potentially viable production;
(e) Improvement in the ability of CARIFORUM operators to comply with national, regional and international technical, health and quality standards for fish and fish products;
(f) Building or strengthening the scientific and technical human and institutional capability at regional level for sustainable trade in fisheries products, including aquaculture; and
(g) The process of dialogue referred to in Article 41.

Chapter 6. Technical Barriers to Trade

Article 44. Multilateral Obligations

The Parties affirm their commitment to the rights and obligations provided for in the WTO Agreement on Technical Barriers to Trade (hereinafter referred to as the WTO TBT Agreement).

Article 45. Objectives

The objectives of this Chapter are to:
(a) facilitate trade in goods between the Parties while maintaining and increasing the capacity of the Parties to protect health, safety, consumers and the environment;
(b) improve the capacity of the Parties to identify, prevent and eliminate unnecessary obstacles to trade between the Parties as a result of technical regulations, standards and conformity assessment procedures applied by either Party;
(c) increase the capacity of the Parties to ensure compliance with international standards and with each other's technical regulations and standards.

Article 46. Scope and Definitions

1. The provisions of this Chapter shall apply to technical regulations, standards and conformity assessment procedures as defined in the WTO TBT Agreement in so far as they affect trade between the Parties.

2. For the purposes of this Chapter the definitions used by the WTO TBT Agreement shall apply.

Article 47. Regional Collaboration and Integration

The Parties agree that collaboration between national and regional authorities dealing with standardisation, accreditation and other technical barriers to trade matters is important to facilitate both intra-regional trade and trade between the Parties, as well as the overall process of CARIFORUM regional integration and undertake to cooperate to this end.

Article 48. Transparency

The Parties confirm their commitment to implementing the transparency provisions set out in the WTO TBT Agreement. In addition, the Parties shall endeavour to inform each other at an early stage of proposals to modify or introduce technical regulations and standards that are especially relevant to trade between the Parties.

Article 49. Exchange of Information and Consultation

1. The Parties agree, upon the provisional application of this Agreement, to designate contact points for the purposes of exchange of information as specified under this Chapter. The Parties agree to channel their exchanges of information through regional contact points to the maximum extent possible.

2. The Parties agree to enhance their communication and exchange of information on issues within the scope of this Chapter and in particular on ways to facilitate compliance with each other's technical regulations, standards and conformity assessment procedures and to eliminate unnecessary obstacles to trade in goods between them.

3. When a particular problem related to a technical regulations, standards or conformity assessment procedures that may affect trade between the Parties arises, the Parties shall inform and consult each other as early as possible, with a view to reaching a mutually agreed solution.

4. The Parties agree to inform each other in writing of measures taken or to be taken to preclude the importation of any good to address a problem relating to health, safety and the environment as soon as is reasonably possible after the decision is taken.

5. The Parties agree to identify products for which the Parties shall exchange information with a view to collaborating so that these products meet technical regulations and standards required to access each other's markets. Such information may include identification of capacity needs and proposals for meeting these needs.

Article 50. Cooperation In International Bodies

The Parties agree to cooperate in international standard setting bodies, including by facilitating the participation of representatives of the CARIFORUM States in the meetings and the work of these bodies.

Article 51. 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 Agreement.

2. Subject to the provisions of Article 7, the Parties agree to cooperate, including by facilitating support, in the following areas:
(a) Establishment of the appropriate arrangements for the sharing of expertise, including appropriate training intended to ensure adequate and enduring technical competence of the relevant standard setting, metrology, accreditation, market surveillance and conformity assessment bodies, in particular those in the CARIFORUM region.
(b) Development of centres of expertise within CARIFORUM for the assessment of goods for the purpose of such goods access into the EC market.
(c) Development of the capacity of enterprises, in particular CARIFORUM enterprises to meet regulatory and market requirements.
(d) Developing and adopting harmonised technical regulations, standards and conformity assessment procedures based on relevant international standards.

Chapter 7. Sanitary and Phytosanitary Measures

Article 52. Multilateral Obligations

The Parties affirm their commitment to the rights and obligations provided for in the WTO Agreement on Sanitary and Phytosanitary Measures (hereinafter referred to as the WTO SPS Agreement). The Parties also reaffirm their rights and obligations under the International Plant Protection Convention (IPPC), the CODEX Alimentarius and the World Organisation for Animal Health (OIE).

Article 53. Objectives

The objectives of this Chapter are to:
(a) facilitate trade between the Parties while maintaining and increasing the capacity of the Parties to protect plant, animal and public health;
(b) improve the capacity of the Parties to identify, prevent and minimise unintended disruptions or barriers to trade between the Parties as the result of measures necessary to protect plant, animal and public health within the Parties;
(c) assist CARIFORUM States in establishing harmonised intra-regional sanitary and phytosanitary (hereinafter SPS) measures also with a view to facilitating the recognition of equivalence of such measures with those existing in the EC Party;
(d) assist CARIFORUM States in ensuring compliance with SPS measures of the EC Party.

Article 54. Scope and Definitions

1. The provisions of this Chapter shall apply to SPS measures as defined in the WTO SPS Agreement in so far as they affect trade between the Parties.

2. For the purposes of this Chapter definitions used by the WTO SPS Agreement shall apply.

Article 55. Competent Authorities

1. The Parties agree, upon the provisional application of this Agreement, to designate Competent Authorities for the implementation of the measures referred to in this Chapter. The Parties shall inform each other in a timely manner of any significant changes in the structure, nature and organisation and division of competency of their Competent Authorities.

2. The Parties agree to channel their exchanges of information regarding the implementation of the measures referred to in this Chapter through a regional body representing the Competent Authorities to the maximum extent possible.

Article 56. Regional Collaboration and Integration

1. The Parties agree that collaboration between national and regional authorities dealing with SPS matters, including the Competent Authorities, is important to facilitate both intra-regional trade and trade between the Parties, as well as the overall process of CARIFORUM regional integration.

2. In this regard, the Parties agree on the importance of establishing harmonised SPS measures both in the EC Party and between CARIFORUM States and undertake to cooperate to this end. The Parties also agree to consult with the aim of achieving bilateral arrangements on recognition of the equivalence of specified SPS measures.

3. In the absence of harmonised SPS measures or the recognition of equivalence, the Parties agree to consult on ways to facilitate trade and reduce unnecessary administrative requirements.

Article 57. Transparency

The Parties confirm their commitment to implementing the transparency provisions set out in Annex B of the WTO SPS Agreement. In addition, the Parties shall endeavour to inform each other at an early stage of proposals to modify or introduce SPS regulations or measures that are especially relevant to trade between the Parties.

Article 58. Exchange of Information and Consultation

1. The Parties agree to enhance their communication and exchange of information on issues within the scope of this Chapter that may affect trade between the Parties.

2. When a particular SPS problem that may affect trade between the Parties arises, the Competent Authorities of the Parties shall inform and consult each other as early as possible with a view to finding a mutually agreed solution.

Article 59. Cooperation

1. The Parties recognise the importance of cooperation as regards sanitary and phytosanitary measures 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) reinforcement of regional integration and the improvement of monitoring, implementation and enforcement of SPS measures consistent with Article 56 including training and information events for regulatory personnel. Public and private sector partnerships may be supported for the achievement of these objectives.
(b) establishment of the appropriate arrangements for the sharing of expertise, to address issues of plant, animal and public health, as well as training and information events for regulatory personnel.
(c) development of the capacity of enterprises, in particular CARIFORUM enterprises, to meet regulatory and market requirements.
(d) cooperation in the international bodies referred to in Article 52, including the facilitation of participation of representatives of CARIFORUM States in the meeting of these bodies.

Title II. INVESTMENT, TRADE IN SERVICES AND E-COMMERCE

Chapter 1. General Provisions

Article 60. Objective, Scope and Coverage

1. The Parties and the Signatory CARIFORUM States, reaffirming their commitments under the WTO Agreement and with a view to facilitating the regional integration and sustainable development of the Signatory CARIFORUM States and their smooth and gradual integration in the world economy, hereby lay down the necessary arrangements for the progressive, reciprocal and asymmetric liberalisation of investment and trade in services and for cooperation on e-commerce.

2. Nothing in this Title shall be construed to require the privatisation of public undertakings or to impose any obligation with respect to government procurement.

3. The provisions of this Title shall not apply to subsidies granted by the Parties or the Signatory CARIFORUM States.

4. Consistent with the provisions of this Title, the Parties and the Signatory CARIFORUM States retain the right to regulate and to introduce new regulations to meet legitimate policy objectives.

5. This Title shall not apply to measures affecting natural persons seeking access to the employment market of the EC Party or of the Signatory CARIFORUM States, nor shall it apply to measures regarding citizenship, residence or employment on a permanent basis. Nothing in this Title shall prevent the Parties or the Signatory CARIFORUM States from applying measures to regulate the entry of natural persons into, or their temporary stay in, their territory, including those measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across their borders, provided that such measures are not applied in such a manner as to nullify or impair the benefits accruing to any Party under the terms of a specific commitment.

Article 61. Definitions

For the purposes of this Title:
(a) "measure" means any measure by the Parties or by the Signatory CARIFORUM States, whether in the form of a law, regulation, rule, procedure, decision, administrative action, or any other form;
(b) "measures adopted or maintained by the Parties or by the Signatory CARIFORUM States" means measures taken by:
(i) central, regional or local governments and authorities; and
(ii) non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities;
(c) "natural person of the EC Party" or "natural person of the Signatory CARIFORUM States" means a national of one of the Member States of the European Union or of the Signatory CARIFORUM States according to their respective legislation;
(d) "juridical person" means any legal entity duly constituted or otherwise organised under applicable law, whether for profit or otherwise, and whether privately-owned or governmentally-owned, including any corporation, trust, partnership, joint venture, sole proprietorship or association;
(e) "juridical person of a Party" means a juridical person of the EC Party or a Signatory CARIFORUM State set up in accordance with the laws of a Member State of the European Union or of a Signatory CARIFORUM State respectively, and having its registered office, its central administration, or its principal place of business in the territory to which the Treaty establishing the European Community applies or in the territory of a Signatory CARIFORUM State, respectively;
Should the juridical person have only its registered office or central administration in the territory to which the Treaty establishing the European Community applies or in the territory of the Signatory CARIFORUM States respectively, it shall not be considered as a juridical person of the EC Party or of a Signatory CARIFORUM State respectively, unless it engages in substantive business operations (5) in the territory to which the Treaty establishing the European Community applies or of a Signatory CARIFORUM State, respectively; Notwithstanding the preceding paragraph, shipping companies established outside the EC Party or the CARIFORUM States and controlled by nationals of a Member State of the European Union or of a Signatory CARIFORUM State, respectively, shall also be beneficiaries of the provisions of this Agreement, if their vessels are registered in accordance with their respective legislation, in that Member State of the European Union or in a Signatory CARIFORUM State and carry the flag of a Member State of the European Union or of a Signatory CARIFORUM State;
(f) an "economic integration agreement" shall mean an agreement substantially liberalising trade in services and investment pursuant to WTO rules.

Article 62. Future Liberalisation

In pursuance of the objectives of this Title, the Parties shall enter into further negotiations on investment and trade in services no later than five years from the date of entry into force of this Agreement with the aim of enhancing the overall commitments undertaken under this Title.

Article 63. Application to the Commonwealth of the Bahamas and the Republic of Haiti

With a view to incorporating in Annexe IV the commitments of the Commonwealth of the Bahamas and the Republic of Haiti, which shall be compatible with the relevant requirements under the General Agreement on Trade in Services (hereinafter the GATS), the Parties and the Signatory CARIFORUM States shall make changes to this Annexe by decision of the CARIFORUM-EC Trade and Development Committee no later than six months after the signature of this Agreement. Pending the adoption of such decision, the preferential treatment granted by the EC Party under this Title shall not be applicable to the Commonwealth of the Bahamas and the Republic of Haiti.

Article 64. Regional Cariforum Integration

1. The Parties recognise that economic integration among CARIFORUM States, through the progressive removal of remaining barriers and the provision of appropriate regulatory frameworks for trade in services and investment will contribute to the deepening of their regional integration process and the realisation of the objectives of this Agreement.

2. The Parties further recognise that the principles set in Chapter 5 of this Title to support the progressive liberalisation of investment and trade in services between the Parties provide a useful framework for the further liberalisation of investment and trade in services between CARIFORUM States in the context of their regional integration.

Chapter 2. Commercial Presence

Article 65. Definitions

For purposes of this Chapter:
(a) "commercial presence" means any type of business or professional establishment through:
(i) the constitution, acquisition or maintenance of a juridical person (6), or
(ii) the creation or maintenance of a branch or representative office within the territory of the EC Party or of the Signatory CARIFORUM States for the purpose of performing an economic activity;
(b) "investor" means any natural or juridical person that performs an economic activity through setting up a commercial presence;
(c) "investor of a Party" means a natural or juridical person of the EC Party or a natural or juridical person of a Signatory CARIFORUM State that performs an economic activity through setting up a commercial presence; (d) "economic activity" does not include activities carried out in the exercise of governmental authority, i.e. activities carried out neither on a commercial basis nor in competition with one or more economic operators; (e) "subsidiary" of a juridical person means a juridical person which is effectively controlled by another juridical person; (7)
(f) "branch" of a juridical person means a place of business not having legal personality which has the appearance of permanency, such as the extension of a parent body, has a management and is materially equipped to negotiate business with third parties so that such third parties, although knowing that there will if necessary be a legal link with the parent body, the head office of which is abroad, do not have to deal directly with such parent body but may transact business at the place of business constituting the extension.

Article 66. Coverage

This Chapter applies to measures by the Parties or by the Signatory CARIFORUM States affecting commercial presence (8) in all economic activities with the exception of:
(a) mining, manufacturing and processing of nuclear materials;
(b) production of or trade in arms, munitions and war material;
(c) audio-visual services;
(d) national maritime cabotage; (9) and
(e) national and international air transport services, whether scheduled or non-scheduled, and services directly related to the exercise of traffic rights, other than: (i) aircraft repair and maintenance services during which an aircraft is withdrawn from service; (ii) the selling and marketing of air transport services; (iii) computer reservation system (CRS) services; (iv) other ancillary services that facilitate the operation of air carriers, such as ground handling services, rental services of aircraft with crew, and airport management services.

Article 67. Market Access

1. With respect to market access through commercial presence, the EC Party and the Signatory CARIFORUM States shall accord to commercial presences and investors of the other Party a treatment no less favourable than that provided for in the specific commitments contained in Annex IV.
2. In sectors where market access commitments are undertaken, the measures which the EC Party and the Signatory CARIFORUM States shall not maintain or adopt either on the basis of a regional subdivision or on the basis of their entire territory, unless otherwise specified in Annex IV, are defined as:
(a) limitations on the number of commercial presences whether in the form of numerical quotas, monopolies, exclusive rights or other commercial presence requirements such as economic needs tests;
(b) limitations on the total value of transactions or assets in the form of numerical quotas or the requirement of an economic needs test;
(c) limitations on the total number of operations or on the total quantity of output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test; (10)
(d) limitations on the participation of foreign capital in terms of maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment; and
(e) measures which restrict or require specific types of commercial presence (subsidiary, branch, representative office) (11) or joint ventures through which an investor of the other Party may perform an economic activity.

Article 68. National Treatment

1. In the sectors where market access commitments are inscribed in Annex IV and subject to any conditions and qualifications set out therein, with respect to all measures affecting commercial presence, the EC Party and the Signatory CARIFORUM States shall grant to commercial presences and investors of the other Party treatment no less favourable than that they accord to their own like commercial presences and investors.
2. The EC Party and the Signatory CARIFORUM States may meet the requirement of paragraph 1 by according to commercial presences and investors of the other Party, either formally identical treatment or formally different treatment to that they accord to their own like commercial presences and investors.
3. Formally identical or formally different treatment shall be considered to be less favourable if it modifies the conditions of competition in favour of commercial presences and investors of the EC Party or of the Signatory CARIFORUM States compared to like commercial presences and investors of the other Party.
4. Specific commitments assumed under this Article shall not be construed to require the EC Party or the Signatory CARIFORUM States to compensate for inherent competitive disadvantages which result from the foreign character of the relevant commercial presences and investors.

Article 69. Lists of Commitments

The sectors liberalised by the EC Party and by the Signatory CARIFORUM States pursuant to this Chapter and, by means of reservations, the market access and national treatment limitations applicable to commercial presences and investors of the other Party in those sectors are set out in lists of commitments included in Annex IV.

Article 70. Most-favoured-nation Treatment

1. With respect to any measures affecting commercial presence covered by this Chapter:
(a) the EC Party shall accord to commercial presences and investors of the Signatory CARIFORUM States a treatment no less favourable than the most favourable treatment applicable to like commercial presences and investors of any third country with whom it concludes an economic integration agreement after the signature of this Agreement;
(b) the Signatory CARIFORUM States shall accord to the commercial presences and investors of the EC Party a treatment no less favourable than the most favourable treatment applicable to like commercial presences and investors of any major trading economy with whom they conclude an economic integration agreement after the signature of this Agreement.
2. When a Party or a Signatory CARIFORUM State concludes a regional economic integration agreement creating an internal market or requiring the parties thereto to significantly approximate their legislation with a view to removing non-discriminatory obstacles to commercial presence and to trade in services, the treatment that such Party or Signatory CARIFORUM State grants to commercial presences and investors of third countries in sectors subject to the internal market or to the significant approximation of legislation is not covered by the provision of paragraph 1. (12) 
3. The obligations set out in paragraph 1 shall not apply to treatment granted:
(a) under measures providing for recognition of qualifications, licences or prudential measures in accordance with Article VII of the GATS or its Annex on Financial Services,
(b) under any international agreement or arrangement relating wholly or mainly to taxation, or
(c) under measures benefiting from the coverage of an MFN exemption listed in accordance with Article II.2 of the GATS.
4. For the purpose of this provision, a "major trading economy" means any developed country, or any country accounting for a share of world merchandise exports above 1 % in the year before the entry into force of the economic integration agreement referred to in paragraph 1, or any group of countries acting individually, collectively or through an economic integration agreement accounting collectively for a share of world merchandise exports above 1,5 % in the year before the entry into force of the economic integration agreement referred to in paragraph 1. (13)
5. Where any Signatory CARIFORUM State becomes party to an economic integration agreement with a third party referred to in paragraph 1(b) and that agreement provides for more favourable treatment to such third party than that granted by the Signatory CARIFORUM State to the EC Party pursuant to this Agreement, the Parties shall enter into consultations. The Parties may decide whether the concerned Signatory CARIFORUM State may deny the more favourable treatment contained in the economic integration agreement to the EC Party. The Joint CARIFORUM-EC Council may adopt any necessary measures to adjust the provisions of this Agreement.

Article 71. Other Agreements

Nothing in this Title shall be taken to limit the rights of investors of the Parties to benefit from any more favourable treatment provided for in any existing or future international agreement relating to investment to which a Member State of the European Union and a Signatory CARIFORUM State are parties.

Article 72. Behaviour of Investors

The EC Party and the Signatory CARIFORUM States shall cooperate and take, within their own respective territories, such measures as may be necessary, inter alia, through domestic legislation, to ensure that:
(a) Investors be forbidden from, and held liable for, offering, promising or giving any undue pecuniary or other advantage, whether directly or through intermediaries, to any public official or member of his or her family or business associates or other person in close proximity to the official, for that person or for a third party, in order that the official or third party act or refrain from acting in relation to the performance of official duties, or in order to achieve any favour in relation to a proposed investment or any licences, permits, contracts or other rights in relation to an investment.
(b) Investors act in accordance with core labour standards as required by the International Labour Organization (ILO) Declaration on Fundamental Principles and Rights at Work, 1998, to which the EC Party and the Signatory CARIFORUM States are parties. (14) 
 (c) Investors do not manage or operate their investments in a manner that circumvents international environmental or labour obligations arising from agreements to which the EC Party and the Signatory CARIFORUM States are parties.
(d) Investors establish and maintain, where appropriate, local community liaison processes, especially in projects involving extensive natural resource-based activities, in so far that they do not nullify or impair the benefits accruing to the other Party under the terms of a specific commitment.

Article 73. Maintenance of Standards

The EC Party and the Signatory CARIFORUM States shall ensure that foreign direct investment is not encouraged by lowering domestic environmental, labour or occupational health and safety legislation and standards or by relaxing core labour standards or laws aimed at protecting and promoting cultural diversity.

Article 74. Review

With a view to the progressive liberalisation of investments, the Parties shall review the investment legal framework, the investment environment, and the flow of investment between them consistent with their commitments in international agreements no later than three years after the entry into force of this Agreement and at regular intervals thereafter.

Chapter 3. Cross-border Supply of Services

Section CHAPTER 3. Cross-border Supply of Services

Article 75. Coverage and Definitions

1. This Chapter applies to measures by the Parties or by the Signatory CARIFORUM States affecting the cross-border supply of all services with the exception of:
(a) audio-visual services;
(b) national maritime cabotage; (15) and
(c) national and international air transport services, whether scheduled or non-scheduled, and services directly related to the exercise of traffic rights, other than:
(i) aircraft repair and maintenance services during which an aircraft is withdrawn from service; (ii) the selling and marketing of air transport services;
(iii) computer reservation system (CRS) services; and
(iv) other ancillary services that facilitate the operation of air carriers, such as ground handling services, rental services of aircraft with crew, and airport management services.
2. For the purpose of this Chapter:
(a) cross-border supply of services is defined as the supply of a service:
(i) from the territory of a Party into the territory of the other Party (Mode 1);
(ii) in the territory of a Party to the service consumer of the other Party (Mode 2);
(b) "services" includes any service in any sector except services supplied in the exercise of governmental authority;
(c) "a service supplied in the exercise of governmental authority" means any service which is supplied neither on a commercial basis, nor in competition with one or more service suppliers;
(d) "service supplier" means any natural or juridical person that seeks to supply or supplies a service;
(e) "service supplier of a Party" means a natural or juridical person of the EC Party or a natural or juridical person of a Signatory CARIFORUM State that seeks to supply or supplies a service;
(f) "supply of a service" includes the production, distribution, marketing, sale and delivery of a service.

Article 76. Market Access

1. With respect to market access through the cross-border supply of services, the EC Party and the Signatory CARIFORUM States shall accord services and service suppliers of the other Party treatment not less favourable than that provided for in the specific commitments contained in Annex IV.
2. In sectors where market access commitments are undertaken, the measures which the EC Party and the Signatory CARIFORUM States shall not maintain or adopt either on the basis of a regional subdivision or on the basis of their entire territory, unless otherwise specified in Annex IV, are defined as:
(a) limitations on the number of services suppliers whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirements of an economic needs test;
(b) limitations on the total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test;
(c) limitations on the total number of service operations or on the total quantity of service output expressed in the terms of designated numerical units in the form of quotas or the requirement of an economic needs test.

Article 77. National Treatment

1. In the sectors where market access commitments are inscribed in Annex IV, and subject to any conditions and qualifications set out therein, the EC Party and the Signatory CARIFORUM States shall grant to services and service suppliers of the other Party, in respect of all measures affecting the cross-border supply of services, treatment no less favourable than that they accord to their own like services and services suppliers. 2. The EC Party and the Signatory CARIFORUM States may meet the requirement of paragraph 1 by according to services and service suppliers of the other Party, either formally identical treatment or formally different treatment to that they accord to their own like services and service suppliers.
3. Formally identical or formally different treatment shall be considered to be less favourable if it modifies the conditions of competition in favour of services or service suppliers of the EC Party or of the Signatory CARIFORUM States compared to like services or service suppliers of the other Party.
4. Specific commitments assumed under this Article shall not be construed to require the EC Party or the Signatory CARIFORUM States to compensate for inherent competitive disadvantages which result from the foreign character of the relevant services or services suppliers

Article 78. Lists of Commitments

The sectors liberalised by the EC Party and by the Signatory CARIFORUM States pursuant to this Chapter and, by means of reservations, the market access and national treatment limitations applicable to services and services suppliers of the other Party in those sectors are set out in lists of commitments included in Annex IV.

Article 79. Most-favoured-nation Treatment

1. With respect to any measure affecting cross-border supply of services covered by this Chapter,
(a) the EC Party shall accord to services and services suppliers of the Signatory CARIFORUM States a treatment no less favourable than the most favourable treatment applicable to like services and services suppliers of any third country with whom it concludes an economic integration agreement after the signature of this Agreement;
(b) the Signatory CARIFORUM States shall accord to the services and services suppliers of the EC Party a treatment no less favourable than the most favourable treatment applicable to like services and services suppliers of any major trading economy with whom they conclude an economic integration agreement after the signature of this Agreement.
2. When a Party or a Signatory CARIFORUM State concludes a regional economic integration agreement creating an internal market or requiring the parties thereto to significantly approximate their legislation with a view to removing non-discriminatory obstacles to trade in services, the treatment that such Party or Signatory CARIFORUM State grants to services and services suppliers of third countries in sectors subject to the internal market or to the significant approximation of legislation is not covered by the provision of paragraph 1. (16)
3. The obligations set out in paragraph 1 shall not apply to treatment granted:
(a) under measures providing for recognition of qualifications, licences or prudential measures in accordance with Article VII of the GATS or its Annex on Financial Services;
(b) under any international agreement or arrangement relating wholly or mainly to taxation; or
(c) under measures benefiting from the coverage of an MFN exemption listed in accordance with Article II.2 of the GATS.
4. For the purpose of this provision, a "major trading economy" means any developed country, or any country accounting for a share of world merchandise exports above 1 % in the year before the entry into force of the economic integration agreement referred to in paragraph 1, or any group of countries acting individually, collectively or through an economic integration agreement accounting collectively for a share of world merchandise exports above 1,5 % in the year before the entry into force of the economic integration agreement referred to in paragraph 1. (17)
5. Where any Signatory CARIFORUM State becomes party to an economic integration agreement with a third party referred to in paragraph 1(b) and that agreement provides for more favourable treatment to such third party than that granted by the Signatory CARIFORUM State to the EC Party pursuant to this Agreement, the Parties shall enter into consultations. The Parties may decide whether the concerned Signatory CARIFORUM State may deny the more favourable treatment contained in the economic integration agreement to the EC Party. The Joint CARIFORUM-EC Council may adopt any necessary measures to adjust the provisions of this Agreement.

Chapter 4. Temporary Presence of Natural Persons for Business Purpose

Article 80. Coverage and Definitions

1. This Chapter applies to measures by the Parties or by the Signatory CARIFORUM States concerning the entry into and temporary stay in their territories of key personnel, graduate trainees, business services sellers, contractual services suppliers, independent professionals and short term visitors for business purposes, in accordance with Article 60(5).
2. For the purposes of this Chapter:
(a) "key personnel" means natural persons employed within a juridical person of the EC Party or of the Signatory CARIFORUM States other than a non-profit organisation and who are responsible for the setting-up or the proper control, administration and operation of a commercial presence; "key personnel" comprise "business visitors" responsible for setting up a commercial presence and "intra-corporate transfers"; - "business visitors" mean natural persons working in a senior position who are responsible for setting up a commercial presence. They do not engage in direct transactions with the general public and do not receive remuneration from a source located within the host EC Party or Signatory CARIFORUM State respectively; - "intra-corporate transfers" mean natural persons of the EC Party or of the Signatory CARIFORUM States who have been employed by a juridical person or have been partners in it for at least one year and who are temporarily transferred to a commercial presence in the territory of the other Party. The natural person concerned must belong to one of the following categories:
1. Managers: Persons working in a senior position within a juridical person, who primarily direct the management of the commercial presence, receiving general supervision or direction principally from the board of directors or stockholders of the business or their equivalent, including:
(i) directing the commercial presence or a department or sub-division thereof;
(ii) supervising and controlling the work of other supervisory, professional or managerial employees;
(iii) having the authority personally to recruit and dismiss or recommend recruiting, dismissing or other personnel actions.
2. Specialists: Persons working within a juridical person who possess uncommon knowledge essential to the commercial presence's production, research equipment, techniques or management. In assessing such knowledge, account will be taken not only of knowledge specific to the commercial presence, but also of whether the person has a high level of qualification referring to a type of work or trade requiring specific technical knowledge, including membership of an accredited profession;
(b) "graduate trainees" means natural persons of the EC Party or of the Signatory CARIFORUM States who have been employed by a juridical person of that EC Party or Signatory CARIFORUM State for at least one year, possess a university degree and are temporarily transferred to a commercial presence or to the parent company of the juridical person in the territory of the other Party, for career development purposes or to obtain training in business techniques or methods; (18)
(c) "business services sellers" means natural persons of the EC Party or of the Signatory CARIFORUM States who are representatives of a service supplier of that EC Party or Signatory CARIFORUM State seeking temporary entry into the territory of the other Party for the purpose of negotiating the sale of services or entering into agreements to sell services for that service supplier. They do not engage in making direct sales to the general public and do not receive remuneration from a source located within the host EC Party or Signatory CARIFORUM State respectively;
(d) "contractual services suppliers" means natural persons of the EC Party or of the Signatory CARIFORUM States employed by a juridical person of that EC Party or Signatory CARIFORUM State which has no commercial presence in the territory of the other Party and which has concluded a bona fide contract (other than through an agency as defined by CPC 872) to supply services with a final consumer in the latter Party requiring the presence on a temporary basis of its employees in that Party in order to fulfil the contract to provide services;
(e) "independent professionals" means natural persons of the EC Party or of the Signatory CARIFORUM States engaged in the supply of a service and established as self-employed in the territory of that EC Party or Signatory CARIFORUM State who have no commercial presence in the territory of the other Party and who have concluded a bona fide contract (other than through an agency as defined by CPC 872) to supply services with a final consumer in the latter Party requiring their presence on a temporary basis in that Party in order to fulfil the contract to provide services; (19)
(f) "qualifications" means diplomas, certificates and other evidence (of formal qualification) issued by an authority designated pursuant to legislative, regulatory or administrative provisions and certifying successful completion of professional training.

Article 81. Key Personnel and Graduate Trainees

1. For every sector liberalised in accordance with Chapter 2 of this Title and subject to any reservations listed in Annex IV, the EC Party and the Signatory CARIFORUM States shall allow investors of the other Party to employ in their commercial presences natural persons of that other Party provided that such employees are key personnel or graduate trainees as defined in Article 80. The temporary entry and stay of key personnel and graduate trainees shall be for a period of up to three years for intra-corporate transfers, 90 days in any 12-month period for business visitors, and one year for graduate trainees.

2. For every sector liberalised in accordance with Chapter 2 of this Title, the measures which the EC Party and the Signatory CARIFORUM States shall not maintain or adopt either on the basis of a regional subdivision or on the basis of their entire territory, unless otherwise specified in Annex IV, are defined as limitations on the total number of natural persons that an investor may employ as key personnel and graduate trainees in a specific sector in the form of numerical quotas or a requirement of an economic needs test and as discriminatory limitations.

Article 82. Business Services Sellers

For every sector liberalised in accordance with Chapters 2 or 3 of this Title and subject to any reservations listed in Annex IV the EC Party and the Signatory CARIFORUM States shall allow the temporary entry and stay of business services sellers for a period of up to 90 days in any 12-month period.

Article 83. Contractual Services Suppliers and Independent Professionals

1. The EC Party and the Signatory CARIFORUM States reaffirm their respective obligations arising from their commitments under the GATS as regards the entry and temporary stay of contractual services suppliers and independent professionals.
2. Without prejudice to paragraph 1, the EC Party shall allow the supply of services into the territory of its Member States by contractual services suppliers of the CARIFORUM States through presence of natural persons, subject to the conditions specified below and in Annex IV, in the following sub-sectors:
1. legal advisory services in respect of international public law and foreign law (i.e. non-EU law);
2. accounting and bookkeeping services;
3. taxation advisory services;
4. architectural services;
5. urban planning and landscape architecture services;
6. engineering services;
7. integrated engineering services;
8. medical and dental services;
9. veterinary services;
10. midwives services;
11. services provided by nurses, physiotherapists and paramedical personnel;
12. computer and related services;
13. research and development services;
14. advertising services;
15. market research and opinion polling;
16. management consulting services;
17. services related to management consulting;
18. technical testing and analysis services;
19. related scientific and technical consulting services;
20. maintenance and repair of equipment, including transportation equipment, notably in the context of an after-sales or after-lease services contract;
21. chef de cuisine services;
22. fashion model services;
23. translation and interpretation services;
24. site investigation work;
25. higher education services (only privately-funded services);
26. environmental services;
27. travel agencies and tour operators' services;
28. tourist guides services;
29. entertainment services other than audiovisual services. Without prejudice to paragraph 1, the Signatory CARIFORUM States shall allow the supply of services into their territory by EC contractual services suppliers through presence of natural persons, subject to the conditions specified below and in Annex IV. The commitments undertaken by the EC Party and by the Signatory CARIFORUM States are subject to the following conditions:
(a) the natural persons must be engaged in the supply of a service on a temporary basis as employees of a juridical person, which has obtained a service contract for a period not exceeding 12 months;
(b) the natural persons entering the other Party must be offering such services as an employee of the juridical person supplying the services for at least the year immediately preceding the date of submission of an application for entry into the other Party. In addition, the natural persons must possess, at the date of submission of an application for entry into the other Party, at least three years professional experience (20) in the sector of activity which is the subject of the contract;
(c) with the exception of fashion model services, chef de cuisine services, and entertainment services other than audiovisual services, the natural persons entering the other Party must possess (i) a university degree or a qualification demonstrating knowledge of an equivalent level (21) and (ii) professional qualifications where this is required to exercise an activity pursuant to the law, regulations or requirements of the EC Party or of the Signatory CARIFORUM State applicable where the service is supplied;
(d) the natural person shall not receive remuneration for the provision of services other than the remuneration paid by the contractual service supplier during its stay in the other Party;
(e) the temporary entry and stay of natural persons within the Party concerned shall be for a cumulative period of not more than six months or, in the case of Luxemburg, 25 weeks, in any 12-month period or for the duration of the contract, whichever is less;
(f) access accorded under the provisions of this Article relates only to the service activity which is the subject of the contract and does not confer entitlement to exercise the professional title of the Party where the service is provided;
(g) the number of persons covered by the service contract shall not be larger than necessary to fulfill the contract, as it may be decided by the laws, regulations and requirements of the Party where the service is supplied;
(h) other discriminatory limitations, including on the number of natural persons in the form of economic needs tests, which are specified in Annex IV.
3. Without prejudice to paragraph 1 the EC Party shall allow the supply of services into the territory of its Member States by independent professionals of the Signatory CARIFORUM States, subject to the conditions specified below and in Annex IV, in the following sub-sectors:
1. legal advisory services in respect of international public law and foreign law (i.e. non-EU law);
2. architectural services;
3. urban planning and landscape architecture services;
4. engineering services;
5. integrated engineering services;
6. computer and related services;
7. research and development services;
8. market research and opinion polling;
9. management consulting services;
10. services related to management consulting;
11. translation and interpretation services. Without prejudice to paragraph 1, the Signatory CARIFORUM States shall allow the supply of services into their territory by EC independent professionals, subject to the conditions specified below and in Annex IV. The commitments undertaken by the EC Party and by the Signatory CARIFORUM States are subject to the following conditions:
(a) the natural persons must be engaged in the supply of a service on a temporary basis as self-employed persons established in the other Party and must have obtained a service contract for a period not exceeding 12 months;
(b) the natural persons entering the other Party must possess, at the date of submission of an application for entry into the other Party, at least six years professional experience in the sector of activity which is the subject of the contract;
(c) the natural persons entering the other Party must possess
(i) a university degree or a qualification demonstrating knowledge of an equivalent level (22) and
(ii) professional qualifications where this is required to exercise an activity pursuant to the law, regulations or requirements of the EC Party or of the Signatory CARIFORUM State applicable where the service is supplied; (d) the temporary entry and stay of natural persons within the Party concerned shall be for a cumulative period of not more than six months or, in the case of Luxembourg, 25 weeks, in any 12-month period or for the duration of the contract, whichever is less;
(e) access accorded under the provisions of this Article relates only to the service activity which is the subject of the contract and does not confer entitlement to exercise the professional title of the Party where the service is provided;
(f) other discriminatory limitations, including on the number of natural persons in the form of economic needs tests, which are specified in Annex IV.

Article 84. Short Term Visitors for Business Purposes

1. The EC Party and the Signatory CARIFORUM States shall endeavour to facilitate, in conformity with their respective legislation, the entry and temporary stay in their territories of short-term visitors for business purposes from the EC Party or the Signatory CARIFORUM States as the case may be with a view to carrying out the following activities:
(a) research and design: technical, scientific and statistical researchers on behalf of a company established in the territory of the other Party;
(b) marketing research: personnel conducting research or analysis, including market research, on behalf of a company established in the territory of the other Party;
(c) training seminars: personnel of a company in the EC Party or in the Signatory CARIFORUM States who enter the territory of the other Party to receive training in techniques and work practices employed by companies or organisations in that Party, provided that the training received is confined to observation, familiarisation and classroom instruction only;
(d) trade fairs and exhibitions: personnel attending a trade fair for the purpose of promoting their company or its products or services;
(e) sales: sales representatives and agents taking orders or negotiating contracts for goods for a company located in the territory of the other Party, but not delivering goods;
(f) purchasing: buyers purchasing for a company or management and supervisory personnel engaging in a commercial transaction carried out in the territory of the other Party;
(g) tourism personnel (hotel representatives, tour and travel agents, tour guides or tour operators) attending or participating in tourism conventions or tourism exhibitions, provided that they are not engaged in selling their goods or services to the general public or in supplying their goods or services themselves, do not on their own behalf receive any remuneration from a source located within the EC Party or the Signatory CARIFORUM State where they are staying temporarily, and are not engaged in the supply of a service in the framework of a contract concluded between a juridical person who has no commercial presence in the EC Party or in the Signatory CARIFORUM State where the short-term visitors for business purposes are staying temporarily and a consumer in the EC Party or Signatory CARIFORUM State.
2. This entry and temporary stay into their territories, when allowed, shall be for a period of up to 90 days in any 12-month period.

Chapter 5. Regulatory Framework

Section 1. PROVISIONS OF GENERAL APPLICATION

Article 85. Mutual Recognition

1. Nothing in this Title shall prevent the EC Party and the Signatory CARIFORUM States from requiring that natural persons must possess the necessary qualifications and/or professional experience specified in the territory where the service is supplied, for the sector of activity concerned.
2. The Parties shall encourage the relevant professional bodies in their respective territories to jointly develop and provide recommendations on mutual recognition to the CARIFORUM-EC Trade and Development Committee, for the purpose of the fulfilment, in whole or in part, by investors and service suppliers of the criteria applied by the EC Party and by the Signatory CARIFORUM States for the authorisation, licensing, operation and certification of investors and service suppliers and, in particular, in the professional services sector.
3. In particular, the Parties shall encourage the relevant professional bodies in their respective territories to start negotiations no later than three years after entry into force of this Agreement in order to jointly develop and provide such recommendations on mutual recognition, among others, in the following disciplines: accounting, architecture, engineering and tourism.
4. On receipt of a recommendation referred to in the preceding paragraph, the CARIFORUM-EC Trade and Development Committee shall, within a reasonable time, review the recommendation with a view to determining whether it is consistent with this Agreement.
5. When, in conformity with the procedure set out in paragraph 2, a recommendation referred to in the same paragraph has been found to be consistent with this Agreement and there is a sufficient level of correspondence between the relevant regulations of the Parties and the Signatory CARIFORUM States, the Parties shall, with a view to implementing that recommendation, negotiate, through their competent authorities, an agreement on mutual recognition of requirements, qualifications, licences and other regulations.
6. Any such agreement shall be in conformity with the relevant provisions of the WTO Agreement and, in particular, Article VII of the GATS. 7. The CARIFORUM-EC Trade and Development Committee shall review progress made in mutual recognition every two years.

Article 86. Transparency

Subject to Article 235(3) the Parties and the Signatory CARIFORUM States shall respond promptly to all requests made by the other Party for specific information on any of their measures of general application or international agreements which pertain to or affect this Agreement. The Parties shall also establish one or more enquiry points to provide, upon request, specific information to investors and services suppliers of the other Party on all such matters. Such enquiry points are listed in Annex V. Enquiry points need not be depositories of laws and regulations.

Article 87. Procedures

1. Where authorisation is required for the supply of a service or commercial presence on which a specific commitment has been made, the competent authorities of the Parties and of the Signatory CARIFORUM States shall, within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application. At the request of the applicant, the competent authorities of the Parties or of the Signatory CARIFORUM States as the case may be shall provide, without undue delay, information concerning the status of the application.
2. The Parties and the Signatory CARIFORUM States shall maintain or institute judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected investor or service supplier, for a prompt review of, and where justified, appropriate remedies for, administrative decisions affecting commercial presence, cross border supply of services or temporary presence of natural persons for business purpose. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Parties and the Signatory CARIFORUM States shall ensure that the procedures in fact provide for an objective and impartial review. 

Section 2. COMPUTER SERVICES

Article 88. Understanding on Computer Services

1. To the extent that trade in computer services is liberalised in accordance with Chapters 2, 3 and 4 of this Title, the EC Party and the Signatory CARIFORUM States subscribe to the understanding defined in paragraphs 2, 3 and 4. 2. CPC 84, the United Nations code used for describing computer and related services, covers the basic functions used to provide all computer and related services: computer programs defined as the sets of instructions required to make computers work and communicate (including their development and implementation), data processing and storage, and related services, such as consultancy and training services for staff of clients. Technological developments have led to the increased offering of these services as a bundle or package of related services that can include some or all of these basic functions. For example, services such as web or domain hosting, data mining services and grid computing each consist of a combination of basic computer services functions.
3. Computer and related services, regardless of whether they are delivered via a network, including the Internet, include all services that provide:
(a) consulting, strategy, analysis, planning, specification, design, development, installation, implementation, integration, testing, debugging, updating, support, technical assistance, or management of or for computers or computer systems; or
(b) computer programs defined as the sets of instructions required to make computers work and communicate (in and of themselves), plus consulting, strategy, analysis, planning, specification, design, development, installation, implementation, integration, testing, debugging, updating, adaptation, maintenance, support, technical assistance, management or use of or for computer programs; or
(c) data processing, data storage, data hosting or database services; or
(d) maintenance and repair services for office machinery and equipment, including computers; or
(e) training services for staff of clients, related to computer programs, computers or computer systems, and not elsewhere classified.
4. Computer and related services enable the provision of other services (e.g. banking) by both electronic and other means. However, there is an important distinction between the enabling service (e.g. web-hosting or application hosting) and the content or core service that is being delivered electronically (e.g. banking). In such cases, the content or core service is not covered by CPC 84. Courier services

Article 89. Scope and Definitions

1. This Section sets out the principles of the regulatory framework for all courier services liberalised in accordance with Chapters 2, 3 and 4 of this Title. 2. For the purpose of this Section and of Chapters 2, 3 and 4 of this Title:
(a) universal service means the permanent provision of a postal service of specified quality at all points in the territory of the EC Party and of the Signatory CARIFORUM States at affordable prices for all users;
(b) an "individual licence" means an authorisation, granted to an individual supplier by a regulatory authority, which is required before supplying a given service.

Article 90. Prevention of Anti-competitive Practices In the Courier Sector

In accordance with the provisions of Chapter 1 of Title IV, appropriate measures shall be maintained or introduced by the EC Party or the Signatory CARIFORUM States for the purpose of preventing suppliers who, alone or together, have the ability to affect materially the terms of participation (having regard to price and supply) in the relevant market for courier services as a result of use of their position in the market, from engaging in or continuing anti-competitive practices.

Article 91. Universal Service

The EC Party or any Signatory CARIFORUM State has the right to define the kind of universal service obligation they wish to maintain. Such obligations will not be regarded as anti-competitive per se, provided they are administered in a transparent, non-discriminatory and competitively neutral manner and are not more burdensome than necessary for the kind of universal service as defined by the EC Party and the Signatory CARIFORUM States.

Article 92. Individual Licences

1. An individual licence may only be required for services which are within the scope of the universal service. 2. Where an individual licence is required, the following shall be made publicly available:
(a) all the licensing criteria and the period of time normally required to reach a decision concerning an application for a licence, and
(b) the terms and conditions of individual licences.
3. The reasons for the denial of an individual licence shall be made known to the applicant upon request and an appeal procedure through an independent body will be established at the level of the EC Party and of the Signatory CARIFORUM States. Such a procedure will be transparent, non-discriminatory, and based on objective criteria.

Article 93. Independence of the Regulatory Bodies

The regulatory bodies shall be legally separate from, and not accountable to, any supplier of courier services. The decisions of and the procedures used by the regulatory bodies shall be impartial with respect to all market participants. Telecommunications services