The EC Party and the Signatory CARIFORUM States shall ensure that, where a judicial decision is taken finding an infringement of an intellectual property right, the judicial authorities may issue against the infringer an injunction aimed at prohibiting the continuation of the infringement. Where provided for by national law, non-compliance with an injunction shall, where appropriate, be subject to a recurring penalty payment, with a view to ensuring compliance. The EC Party and the Signatory CARIFORUM States shall also ensure that right holders are in a position to apply for an injunction against intermediaries whose services are used by a third party to infringe an intellectual property right.

Article 159. Alternative Measures

The EC Party and the Signatory CARIFORUM States may provide that, in appropriate cases and at the request of the person liable to be subject to the measures provided for in Part III of the TRIPS Agreement and in this Chapter, the competent judicial authorities may order pecuniary compensation to be paid to the injured party instead of applying the measures provided for in Part III of the TRIPS Agreement or in this Chapter if that person acted unintentionally and without negligence, if execution of the measures in question would cause him disproportionate harm and if pecuniary compensation to the injured party appears reasonably satisfactory.

Article 160. Damages

1. The EC Party and the Signatory CARIFORUM States shall ensure that when the judicial authorities set the damages:
(a) they shall take into account all appropriate aspects, such as the negative economic consequences, including lost profits, which the injured party has suffered, any unfair profits made by the infringer and, in appropriate cases, elements other than economic factors; or
(b) as an alternative to (a), they may, in appropriate cases, set the damages as a lump sum on the basis of elements such as at least the amount of royalties or fees which would have been due if the infringer had requested authorisation to use the intellectual property right in question.
2. Where the infringer did not know, or did not have reasonable grounds to know, that he, she or it was engaging in infringing activity, the EC Party and the Signatory CARIFORUM States may provide that the judicial authorities may order the recovery of profits or the payment of damages which may be pre-established.

Article 161. Legal Costs

The EC Party and the Signatory CARIFORUM States shall ensure that their domestic law contains measures for the allocation of costs which generally require that the unsuccessful party will bear the costs, unless equity requires that costs be allocated otherwise.

Article 162. Publication of Judicial Decisions

The EC Party and the Signatory CARIFORUM States shall ensure that, in legal proceedings instituted for infringement of an intellectual property right, the judicial authorities may order, at the request of the applicant and at the expense of the infringer, appropriate measures for the dissemination of the information concerning the decision, including displaying the decision and publishing it in full or in part. The EC Party and the Signatory CARIFORUM States may provide for other additional publicity measures which are appropriate to the particular circumstances, including prominent advertising.

Article 163. Border Measures

1. The EC Party and the Signatory CARIFORUM States shall, unless otherwise provided for in this Section, adopt procedures (27) to enable a right holder, who has valid grounds for suspecting that the importation, exportation, re-exportation, entry or exit of the customs territory, placement under a suspensive procedure or placement under a customs free zone or a customs free warehouse of goods infringing an intellectual property right (28) may take place, to lodge an application in writing with competent authorities, administrative or judicial, for the suspension by the customs authorities of the release into free circulation or the retention of such goods.
2. The provisions of Articles 52 to 60 of the TRIPS Agreement shall be applicable. Any rights or duties established under such provisions concerning the importer shall be also applicable to the exporter or to the holder of the goods.

Cooperation

Article 164. Cooperation

1. Cooperation shall be directed at supporting implementation of the commitments and obligations undertaken under this Section. The Parties agree that cooperation activities will be particularly important in the transition period referred to in Articles 139 and 140. 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 initiatives, organisations and offices in the field of intellectual property rights, including the training of personnel and the development of publicly available databases, with a view to improving regional regulatory capacity, regional laws and regulations, as well as regional implementation, with respect to intellectual property commitments undertaken under this Section, including on enforcement. This shall in particular involve support to countries not party but wishing to adhere to regional initiatives, as well as regional management of copyright and related rights.
(b) Support in the preparation of national laws and regulations for the protection and enforcement of intellectual property rights, in the establishment and reinforcement of domestic offices and other agencies in the field of intellectual property rights, including the training of personnel on enforcement; as well as for the establishment of means of collaboration between such agencies of the Parties and the Signatory CARIFORUM States, also in order to facilitate accession and compliance by the Signatory CARIFORUM States to the Treaties and Conventions referred to in this Section.
(c) Identification of products that could benefit from protection as geographical indications and any other action aimed at achieving protection as geographical indications for these products. In so doing, the EC Party and the Signatory CARIFORUM States shall pay particular attention to promoting and preserving local traditional knowledge and biodiversity through the establishment of geographical indications.
(d) The development by trade or professional associations or organisations of codes of conduct aimed at contributing towards the enforcement of intellectual property rights in consultation with the competent authorities of the Parties and the Signatory CARIFORUM States.

Chapter 3. Public Procurement

Article 165. General Objective

The Parties recognise the importance of transparent competitive tendering for economic development with due regard being given to the special situation of the economies of the CARIFORUM States.

Article 166. Definitions

For the purposes of this Chapter:
1. "government procurement" means any type of procurement of goods, services or a combination thereof, including works, by procuring entities listed in Annex VI for governmental purposes and not with a view to commercial resale or with a view to use in the production of goods or the supply of services for commercial sale, unless otherwise specified. It includes procurement by such methods as purchase or lease, or rental or hire purchase, with or without an option to buy;
2. "procuring entities" means the entities of the Signatory CARIFORUM States and the EC Party listed in Annex VI that procure in accordance with the provisions of this Chapter;
3. "suppliers" means any natural or legal person or public body or group of such persons or bodies of a Signatory CARIFORUM State or the EC Party which can provide goods, services or the execution of works. The term shall cover equally a supplier of goods, a service provider or a contractor;
4. "qualified supplier" means a supplier that a procuring entity recognises as having satisfied the conditions for participation;
5. "eligible supplier" means a supplier who is allowed to participate in the public procurement opportunities of a Party or Signatory CARIFORUM State, in accordance with domestic law and without prejudice to the provisions of this Chapter;
6. "multi-use list" means a list of suppliers that a procuring entity has determined satisfy the conditions for participation in that list, and that the procuring entity intends to use more than once;
7. "legal 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;
8. "legal person of a Party" means any legal entity duly constituted or otherwise organised under the law of the EC Party or of the Signatory CARIFORUM States. Should such a legal person have only its registered office or central administration in the territory of one of the Signatory CARIFORUM States or the EC Party, it may not be considered as a legal person of a Party, unless it is engaged in substantive business operations in any such territory;
9. a "natural person" means a national of a Member State of the European Union or of a Signatory CARIFORUM State according to their respective legislation;
10. services include construction services unless otherwise specified;
11. "in writing" or "written" means any expression of information in words, numbers or other symbols, including electronic means, that can be read, reproduced and stored;
12. "notice of intended procurement" means a notice published by a procuring entity inviting interested suppliers to submit a request for participation, a tender, or both;
13. "open" tendering procedures are those procedures whereby any interested supplier may submit a tender;
14. "selective" tendering procedures are those procedures whereby, consistent with the relevant provisions of this Chapter, only those qualified suppliers invited by the procuring entity may submit a tender;
15. "limited" tendering procedures are those procedures whereby the procuring entities may consult the suppliers of their choice and negotiate the terms of contract with one or more of them;
16. "technical specifications" means a specification which lays down the characteristics of the products or services to be procured, such as quality, performance, safety and dimensions, symbols, terminology, packaging, marking and labelling, or the processes and methods for their production and requirements relating to conformity assessment procedures prescribed by the procuring entities covered by this Chapter; 17. "offsets" in government procurement means any conditions or undertakings that encourage local development or improve balance of payments accounts, such as the use of domestic content, the licensing of technology, investment, counter-trade and similar action.

Article 167. Scope

1. The provisions of this Chapter apply only to those procuring entities listed in Annex VI and in respect of procurements above the thresholds set out in that Annex.
2. The Parties and the Signatory CARIFORUM States shall ensure that the procurement of their procuring entities covered by this Chapter takes place in a transparent manner according to the provisions of this Chapter and the Annexes pertaining thereto, treating any eligible supplier of either the Signatory CARIFORUM States or the EC Party equally in accordance with the principle of open and effective competition.

A. Supporting the creation of regional procurement markets
1. The Parties recognise the economic importance of establishing competitive regional procurement markets.
2. (a) With respect to any measure regarding covered procurement, each Signatory CARIFORUM State, including its procuring entities, shall endeavour not to treat a supplier established in any CARIFORUM State less favourably than another locally established supplier.
(b) With respect to any measure regarding covered procurement, the EC Party and the Signatory CARIFORUM States, including their procuring entities:
(i) shall endeavour not to discriminate against a supplier established in either Party on the basis that the goods or services offered by that supplier for a particular procurement are goods or services of either Party; (ii) shall not treat a locally established supplier less favourably than another locally established supplier on the basis of degree of foreign affiliation to or ownership by operators or nationals of any Signatory CARIFORUM State or of the EC Party.
3. Subject to paragraph A.4, each Party, including its procuring entities, shall with respect to any measure regarding covered procurement, accord to the goods and services of the other Party and to suppliers of the other Party offering the goods or services of any Party, treatment no less favourable than the treatment the Party, including its procuring entities, accords to domestic goods, services and suppliers. 4. The Parties shall not be required to provide the treatment envisaged in paragraph A.3 unless a decision by the Joint CARIFORUM-EC Council to this effect is taken. That decision may specify to which procurements by each Party the treatment envisaged in paragraph A.
3 would apply, and under which conditions.

B. Valuation rules C. Exceptions 1. Nothing in this Chapter shall be construed as preventing a Signatory CARIFORUM State or the EC Party from imposing or enforcing measures relating to goods or services of persons with disabilities, philanthropic institutions, or prison labour.
2. This Chapter does not apply to:
(a) the acquisition or rental of land, existing buildings, or other immovable property or the rights thereon;
(b) non-contractual agreements or any form of assistance that a Party or Signatory CARIFORUM State provides, including cooperative agreements, grants, loans, equity infusions, guarantees, and fiscal incentives; (c) the procurement or acquisition of fiscal agency or depositary services, liquidation and management services for regulated financial institutions, or services related to the sale, redemption and distribution of public debt, including loans and government bonds, notes and other securities;
(d) the acquisition, development, production or co-production of programme material intended for broadcasting by broadcasters and contracts for broadcasting time;
(e) arbitration and conciliation services;
(f) public employment contracts;
(g) research and development services;
(h) the procurement of agricultural products made in furtherance of agricultural support programmes and human feeding programmes, including food aid;
(i) intra-governmental procurement;
(j) procurement conducted:
(i) for the direct purpose of providing international assistance, including development aid;
(ii) under the particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation of a project by a Party or Signatory CARIFORUM State with a non-Party;
(iii) in support of military forces located outside the territory of the Party or Signatory CARIFORUM State concerned;
(iv) under the particular procedure or condition of an international organisation, or funded by international grants, loans, or other assistance where the applicable procedure or condition would be inconsistent with this Chapter.

Article 168. Transparency of Government Procurement

1. Subject to Article 180(4), each Party or Signatory CARIFORUM State shall promptly publish any law, regulation, judicial decision and administrative ruling of general application, and procedures, regarding procurement covered by this Chapter, as well as individual procurement opportunities, in the appropriate publications referred to in Annex VII including officially designated electronic media. Each Party or Signatory CARIFORUM State shall promptly publish in the same manner all modifications to such measures, and shall within a reasonable time inform the others of any such modifications.
2. The Parties and the Signatory CARIFORUM States shall ensure that their procuring entities provide for effective dissemination of the tendering opportunities generated by the relevant government processes, providing eligible suppliers with all the information required to take part in such procurement. Each Party shall set up and maintain an appropriate on-line facility to further the effective dissemination of tendering opportunities.
(a) Tender documentation provided to suppliers shall contain all information necessary to permit them to submit responsive tenders.
(b) Where entities do not offer free direct access to the entire tender documents and any supporting documents by electronic means, entities shall make promptly available the tender documentation at the request of any eligible supplier of the Parties.
3. For each procurement covered by this Chapter, procuring entities shall, save as otherwise provided, publish in advance a notice of intended procurement. Each notice shall be accessible during the entire time period established for tendering for the relevant procurement.
4. The information in each notice of intended procurement shall include at least the following:
(a) name, address, fax number, electronic address (where available) of the procuring entity and, if different, the address where all documents relating to the procurement may be obtained;
(b) the tendering procedure chosen and the form of the contract;
(c) a description of the intended procurement, as well as essential contract requirements to be fulfilled;
(d) any conditions that suppliers must fulfil to participate in the procurement;
(e) time-limits for submission of tenders and, where applicable, any time limits for the submission of requests for participation in the procurement;
(f) all criteria to be used for the award of the contract; and
(g) if possible, terms of payment and other terms.
5. Procuring entities are encouraged to publish as early as possible in each fiscal year a notice regarding their future procurement plans. The notice should include the subject-matter of the procurement and the planned date of the publication of the notice of intended procurement.
6. Procuring entities operating in the utilities may use such a notice regarding their future procurement plans as a notice of intended procurement provided that it includes as much of the information set out in paragraph 4 as available and a statement that suppliers should express their interest in the procurement to the entity.

Article 169. Methods of Procurement

1. Without prejudice to the method of government procurement used in respect of any specific procurement, procuring entities shall ensure that such methods are specified in the notice of intended procurement or tender documents.
2. The Parties or the Signatory CARIFORUM States shall ensure that their laws and regulations clearly prescribe the conditions under which procuring entities may utilise limited tendering procedures. Procuring entities shall not utilise such methods for the purpose of restricting participation in the procurement process in a non-transparent manner.
3. When conducting procurement by electronic means, a procuring entity shall:
(a) ensure that the procurement is conducted using generally available and interoperable information technology products and software, including those related to authentication and encryption of information; and
(b) maintain mechanisms that ensure the integrity of, and prevent inappropriate access to, requests for participation and tenders.

Article 170. Selective Tendering

1. Whenever selective tendering procedures are employed, procuring entities shall:
(a) Publish a notice of intended procurement;
(b) In the notice of intended procurement invite eligible suppliers to submit a request for participation;
(c) Select the suppliers to participate in the selective tendering procedure in a fair manner; and
(d) Indicate the time limit for submitting requests for participation.
2. Procuring Entities shall recognise as qualified suppliers all suppliers which meet the conditions for participation in a particular procurement, unless the procuring entity states in the notice or, where publicly available, in the tender documentation, any limitation on the number of suppliers that will be permitted to tender and the objective criteria for such limitation.
3. Where the tender documentation is not made publicly available from the date of publication of the notice referred to in paragraph 1, procuring entities shall ensure that those documents are made available at the same time to all the qualified suppliers selected.

Article 171. Limited Tendering

1. When using the limited tendering procedure, a procuring entity may choose not to apply Articles 168, 169(1) and (3), 170, 173 (1), 174, 175, 176 and 178. 2. Procuring entities may award their public contracts by limited tendering procedure, in the following cases:
(a) when no suitable tenders have been submitted in response to an open or selective tendering procedure, on condition that the requirements of the initial tender are not substantially modified;
(b) when, for technical or artistic reasons, or for reasons connected with protection of exclusive rights, the contract may be performed only by a particular supplier and no reasonable alternative or substitute exists; (c) for reasons of extreme urgency brought about by events unforeseen by the procuring entity, the products or services could not be obtained in time by means of open or selective tendering procedures;
(d) for additional deliveries of goods or services by the original supplier where a change of supplier would compel the procuring entity to procure equipment or services not meeting requirements of interchangeability with already existing equipment or services procured under the initial procurement and such separation would cause significant inconvenience or substantial duplication of costs to the procuring entity;
(e) when a procuring entity procures prototypes or a first product or service which are developed at its request in the course of, and for, a particular contract for research, experiment, study or original development;
(f) when additional services which were not included in the initial contract but which were within the objectives of the original tender documentation have, through unforeseen circumstances, become necessary to complete the services described therein. However, the total value of contracts awarded for the additional services shall not exceed 50 % of the amount of the original contract;
(g) for new services consisting of the repetition of similar services which conform to a basic project for which an initial contract was awarded following an open or selective procurement method, and for which the procuring entity has indicated in the notice of intended procurement that a limited procurement method might be used in awarding contracts for such new services;
(h) for products purchased on a commodity market;
(i) in the case of contracts awarded to the winner of a design contest; in the case of several successful candidates, successful candidates shall be invited to participate in the negotiations as specified in the notice of the intended procurement or the tender documents; and
(j) for purchases made under exceptionally advantageous conditions which only arise in the very short term in the case of unusual disposals such as arising from liquidation, receivership or bankruptcy and not for routine purchases from regular suppliers.

Article 172. Rules of Origin

The EC Party and the Signatory CARIFORUM States for the purposes of this Chapter shall not apply rules of origin to goods or services imported from or supplied by the EC Party and the Signatory CARIFORUM States as the case may be that are different from the rules of origin applicable at the same time in the normal course of trade to imports or supplies of the same goods or services from the same Signatory CARIFORUM State or the EC Party.

Article 173. Technical Specifications

1. Consistent with the objectives of this Chapter, procuring entities shall ensure that technical specifications applied or intended for application to procurement covered by the Chapter are set out in the notices of intended procurement and/or tender documents.
2. A procuring entity shall not seek or accept, in a manner that would have the effect of precluding competition, advice that may be used in the preparation or adoption of any technical specification for a specific procurement from a person that may have a commercial interest in the procurement.
3. In prescribing technical specifications for the goods or services being procured, a procuring entity shall, where appropriate:
(a) specify the technical specifications, in terms of performance and functional requirements, rather than design or descriptive standards; and
(b) base the technical specifications on international standards, where such exist; otherwise, on national technical regulations, recognised national standards or building codes.
4. Where design or descriptive characteristics are used in the technical specifications, a procuring entity shall, where appropriate, include words such as "or equivalent" in the technical specifications and consider tenders that demonstrably meet the required design or descriptive characteristics and are fit for the purposes intended.
5. A procuring entity shall not prescribe technical specifications that require or refer to a particular trade mark or trade name, patent, copyright, design or type, specific origin, producer or supplier, unless there is no other sufficiently precise or intelligible way of describing the procurement requirements and provided that, in such cases, words such as "as equivalent" are included in the tender documentation.

Article 174. Qualification of Suppliers

1. For procurement covered by this Chapter, procuring entities shall ensure that any conditions and criteria for participating in a public contract award procedure are made known in advance in the notice of intended procurement or the tender documents. Any such conditions and criteria shall be limited to those which are essential to ensure that the potential supplier has the ability to execute the contract in question.
2. The Signatory CARIFORUM States and the EC Party shall not impose the condition that, in order for a supplier to participate in a procurement, the supplier has previously been awarded one or more contracts by an entity of that Party or State or that the supplier has prior work experience in the relevant territory. This paragraph does not apply for procurements in respect of social impact surveys and studies.
3. The procuring entity shall base its assessment of the financial, commercial and technical abilities of a supplier on the conditions that it has specified in advance in notices or tender documentation.
4. Nothing in this Article shall preclude the exclusion of any supplier on grounds such as bankruptcy or false declarations or conviction for serious crime.
5. Procuring entities may maintain a multi-use list provided that a notice inviting interested suppliers to apply for inclusion on the list is: (a) published annually; and (b) where published by electronic means, made available continuously in one of the appropriate media listed in Annex VII.
6. Procuring entities shall ensure that suppliers may apply for qualification at any time through the publication of a notice inviting suppliers to apply for inclusion on the list containing the following information:
(a) a description of the goods and services, or categories thereof, for which the list may be used;
(b) the conditions for participation to be satisfied by suppliers and the methods that the procuring entity will use to verify a supplier's satisfaction of the conditions;
(c) the name and address of the procuring entity and other information necessary to contact the entity and obtain all relevant documents relating to the list; and
(d) the period of validity of the list and the means for its renewal or termination, or where the period of validity is not provided, an indication of the method by which notice will be given of the termination of use of the list. Procuring entities shall include in the list all qualified suppliers within a reasonably short time.
7. Where a non-qualified supplier submits a request for participation, and all required documents relating thereto, within the time-limit, a procuring entity, whether or not it uses a multi-use list, shall examine and accept the supplier's request for participation, unless, due to the complexity of the procurement, the entity is not able to complete the examination of the request. Procuring entities shall also ensure that a supplier having requested to be included in the list shall be informed of the decision in this regard in a timely fashion. 8. Procuring entities operating in the utilities may use a notice inviting suppliers to apply for inclusion on a multi-use list as a notice of intended procurement and may exclude requests for participation from suppliers not yet qualified in respect of the procurement on the grounds that the procuring entity has insufficient time to examine the application.

Article 175. Negotiations

1. The Signatory CARIFORUM States and the EC Party may provide for their procuring entities to conduct negotiations:
(a) in the context of procurements in which they have indicated such intent in the notice of intended procurement; or
(b) where it appears from the evaluation that no one tender is obviously the most advantageous in terms of the specific evaluation criteria set forth in the notice of intended procurement or tender documentation.
2. A procuring entity shall:
(a) ensure that any elimination of suppliers in negotiations is carried out in accordance with the evaluation criteria set out in the notice of intended procurement or tender documentation; and
(b) when negotiations are concluded, provide a common deadline for the remaining suppliers to submit any new or revised tenders.

Article 176. Opening of Tenders and Awarding of Contracts

1. All tenders solicited under open or selective procedures by procuring entities shall be received and opened under procedures and conditions guaranteeing the fairness and transparency of the process.
2. Unless a procuring entity decides that it is not in the public interest to award the contract, it shall award the contract to the supplier who has been determined, on the basis of the information presented, to be fully capable of undertaking the contract and whose tender is either the lowest tender or the tender which in terms of the specific evaluation criteria set forth in the notice or tender documentation is determined to be the most advantageous. Awards shall be made in accordance with the criteria and essential requirements specified in the notice of intended procurement or in the tender documentation.

Article 177. Information on Contract Award

1. The Parties and the CARIFORUM Signatory States shall ensure that their procuring entities provide for effective dissemination of the results of government procurement processes.
2. Procuring entities shall promptly inform suppliers of decisions regarding the award of the contract and, on request, in writing. Upon request, procuring entities shall inform any eliminated supplier of the reasons for the rejection of its tender and of the relative advantages of the successful supplier's tender.
3. Procuring entities may decide to withhold certain information on the contract award where release of such information would interfere with law enforcement or be otherwise contrary to the public interest, would prejudice the legitimate commercial interests of suppliers, or might prejudice fair competition between them.
4. Subject to Article 180(4), no later than 72 days after the award of each contract covered by this Chapter, a procuring entity shall publish a notice in the appropriate paper or electronic media listed in Annex VII. Where only an electronic medium is used, the information shall remain readily accessible for a reasonable period of time. The notice shall include at least the following information:
(a) a description of the goods or services procured;
(b) the name and address of the procuring entity;
(c) the name and address of the successful supplier;
(d) the value of the successful tender or the highest and lowest offers taken into account in the award of the contract;
(e) the date of the award; and
(f) the type of procurement method used, and in cases where a limited tendering procedure was used, a description of the circumstances justifying the use of such procedure.

Article 178. Time Limits

1. In determining any time limits to be applied to procurement covered by this Chapter, procuring entities shall, consistent with their own reasonable needs, take into account such factors as the complexity of the intended procurement and the normal time for transmitting tenders.
2. The Parties and the Signatory CARIFORUM States shall ensure that their procuring entities shall take due account of publication delays when setting the final date for receipt of tenders or of request for participation or for qualifying for the supplier's list. Such time limits, including any extension, shall be common for all interested or participating suppliers.
3. Procuring entities shall clearly set out the time limits applicable to any specific procurement in the notice of intended procurement and/or the tender documents.

Article 179. Bid Challenges

1. The Parties and the Signatory CARIFORUM States shall provide transparent, timely, impartial and effective procedures enabling suppliers to challenge domestic measures implementing this Chapter in the context of procurements in which they have, or have had, a legitimate commercial interest. To this effect, each Party or Signatory CARIFORUM State shall establish, identify or designate at least one impartial administrative or judicial authority that is independent of its procuring entities to receive and review a challenge by a supplier arising in the context of covered procurement.
2. Each supplier shall be allowed a sufficient period of time to prepare and submit a challenge as from the time when the basis of the challenge become known or reasonably should have become known to the supplier. This paragraph does not preclude Parties or Signatory CARIFORUM States from requiring complainants to lodge their complaints within a reasonable period of time provided that duration of that period is made known in advance.
3. Procuring entities shall ensure their ability to respond to requests for a review by maintaining a reasonable record of each procurement covered under this Chapter. 4. Challenge procedures shall provide for effective rapid interim measures to correct breaches of the domestic measures implementing this Chapter.

Article 180. Implementation Period

1. In order for the Signatory CARIFORUM States to bring their measures into conformity with any specific procedural obligation of this Chapter, they shall have an implementation period of two years from the entry into force of this Agreement.
2. Should a review by the CARIFORUM-EC Trade and Development Committee at the end of the implementation period reveal that one or several Signatory CARIFORUM States need one more year to bring their measures into conformity with the obligations of this Chapter, the CARIFORUM-EC Trade and Development Committee may extend the implementation period referred to in paragraph 1 by one more year for the individual Signatory CARIFORUM States concerned.
3. By way of derogation from paragraphs 1 and 2, Antigua and Barbuda, Belize, the Commonwealth of Dominica, Grenada, the Republic of Haiti, Saint Christopher and Nevis, Saint Lucia and Saint Vincent and the Grenadines shall benefit from an implementation period of five years. 4. The requirements stipulated in paragraph 1 and the last sentence of paragraph 2 of Article 168, in Article 170(1)(a) and in Article 177(4) will only come into effect for the Signatory CARIFORUM States once the requisite capacity to implement them has been developed, but not later than five years after the entry into force of this Agreement.

Article 181. Review Clause

The CARIFORUM-EC Trade and Development Committee will review the operation of this Chapter every three years, including with regard to any modifications of coverage, and may make appropriate recommendations to the Joint CARIFORUM-EC Council to that effect, as appropriate. In carrying out this task, the CARIFORUM-EC Trade and Development Committee may, without prejudice to Article 182, also make appropriate recommendations regarding the Parties' further cooperation in the procurement field and the implementation of this Chapter.

Article 182. Cooperation

1. The Parties recognise the importance of cooperating in order to facilitate implementation of commitments and to achieve the objectives of this Chapter.
2. Subject to the provisions of Article 7, the Parties agree to cooperate, including by facilitating support and establishing appropriate contact points, in the following areas:
(a) Exchange of experience and information about best practices and regulatory frameworks;
(b) Establishment and maintenance of appropriate systems and mechanisms to facilitate compliance with the obligations of this Chapter; and
(c) Creation of an on-line facility at the regional level for the effective dissemination of information on tendering opportunities, so as to facilitate the awareness of all companies about procurement processes.

Chapter 4. Environment

Article 183. Objectives and Sustainable Development Context

1. The Parties reaffirm that the principles of sustainable management of natural resources and the environment are to be applied and integrated at every level of their partnership, as part of their overriding commitment to sustainable development as set out in Articles 1 and 2 of the Cotonou Agreement.
2. The Parties recall that Article 32 of the Cotonou Agreement includes environment and natural resources as thematic and cross-cutting issues, and that the fundamental principles of ownership, participation, dialogue and differentiation set out in Article 2 of the Cotonou Agreement are therefore particularly relevant.
3. The Parties and the Signatory CARIFORUM States are resolved to conserve, protect and improve the environment, including through multilateral and regional environmental agreements to which they are parties.
4. The Parties reaffirm their commitment to promoting the development of international trade in such a way as to ensure sustainable and sound management of the environment, in accordance with their undertakings in this area including the international conventions to which they are party and with due regard to their respective level of development.
5. The Parties and the Signatory CARIFORUM States are resolved to make efforts to facilitate trade in goods and services which the Parties consider to be beneficial to the environment. Such products may include environmental technologies, renewable- and energy-efficient goods and services and eco-labelled goods.

Article 184. Levels of Protection and Right to Regulate

1. Recognising the right of the Parties and the Signatory CARIFORUM States to regulate in order to achieve their own level of domestic environmental and public health protection and their own sustainable development priorities, and to adopt or modify accordingly their environmental laws and policies, each Party and Signatory CARIFORUM State shall seek to ensure that its own environmental and public health laws and policies provide for and encourage high levels of environmental and public health protection and shall strive to continue to improve those laws and policies.
2. The Parties agree that the special needs and requirements of CARIFORUM States shall be taken into account in the design and implementation of measures aimed at protecting environment and public health that affect trade between the Parties.
3. Provided that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination between the Parties or a disguised restriction on trade between them, nothing in this Agreement shall be construed to prevent any Party and the Signatory CARIFORUM States from adopting or maintaining measures necessary to protect human, animal or plant life or health, related to the conservation of natural resources or protection of the environment.

Article 185. Regional Integration and Use of International Environmental Standards

In the light of the environmental challenges facing their respective regions, and in order to promote the development of international trade in such a way as to ensure sustainable and sound management of the environment, the Parties recognise the importance of establishing effective strategies and measures at the regional level. The Parties agree that in the absence of relevant environmental standards in national or regional legislation, they shall seek to adopt and implement the relevant international standards, guidelines or recommendations, where practical and appropriate.

Article 186. Scientific Information

The Parties recognise the importance, when preparing and implementing measures aimed at protecting the environment and public health that affect trade between the Parties, of taking account of scientific and technical information, the precautionary principle, and relevant international standards, guidelines or recommendations.

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-EC Consultative Committee on environmental issues covered by Articles 183 to 188. Members of the CARIFORUM-EC Consultative Committee may submit oral or written recommendations to the Parties for disseminating and sharing best 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 on best 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 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 month of its composition. The report shall be made available to the CARIFORUM-EC 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 markets of the EC Party;
(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 Aspects

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 the importance 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-EC Consultative Committee on social issues covered by Articles 191 to 194. Members of the CARIFORUM-EC Consultative Committee may submit oral or written recommendations to the Parties for disseminating and sharing best practice relating to issues covered by this Chapter.
3. On any issue covered by Articles 191 to 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 Articles 191 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 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 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 month of its composition. The report shall be made available to the CARIFORUM-EC 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.

Chapter 6. Protection of Personal Data

Article 197. General Objective

1. The Parties and the Signatory CARIFORUM States, recognising:
(a) their common interest in protecting fundamental rights and freedoms of natural persons, and in particular their right to privacy, with respect to the processing of personal data,
(b) the importance of maintaining effective data protection regimes as a means of protecting the interests of consumers, stimulating investor confidence and of facilitating transborder flows of personal data;
(c) that the collection and processing of personal data should be accomplished in a transparent and fair manner, with due respect accorded to the data subject, agree to establish appropriate legal and regulatory regimes, as well as appropriate administrative capacity to implement them, including independent supervisory authorities, in order to ensure an adequate level of protection of individuals with regard to the processing of personal data, in line with existing high international standards. (29)
2. The Signatory CARIFORUM States shall endeavour to implement the provisions of paragraph 1 as soon as possible and no later than seven years after the entry into force of this Agreement.

Article 198. Definitions

For the purposes of this Chapter:
(a) "personal data" means any information relating to an identified or identifiable individual (data subject);
(b) "processing of personal data" means any operation or set of operations which is performed upon personal data, such as collection, recording, organisation, storage, alteration, retrieval, consultation, use, disclosure, combination, blocking, erasure or destruction, as well as transfers of personal data across national borders;
(c) "Data Controller" means the natural or legal person, authority or any other body which determines the purposes and means of the processing of personal data.

Article 199. Principles and General Rules

The Parties agree that the legal and regulatory regimes and administrative capacity to be established shall, at a minimum, include the following content principles and enforcement mechanisms:
(a) Content principles
(i) the purpose limitation principle — data should be processed for a specific purpose and subsequently used or further communicated only in so far as this is not incompatible with the purpose of the transfer. The only exemptions to this rule would be those provided by legislation and necessary in a democratic society for important public interests;
(ii) the data quality and proportionality principle — data should be accurate and, where necessary, kept up to date. The data should be adequate, relevant and not excessive in relation to the purposes for which they are transferred or further processed;
(iii) the transparency principle — individuals should be provided with information as to the purpose of the processing and the identity of the data controller in the third country, and other information in so far as this is necessary to ensure fairness. The only exemptions permitted should be those provided by legislation and necessary in a democratic society for important public interests;
(iv) the security principle — technical and organisational security measures should be taken by the data controller that are appropriate to the risks presented by the processing. Any person acting under the authority of the data controller, including a processor, must not process data except on instructions from the controller;
(v) the rights of access, rectification and opposition — the data subject should have a right to obtain a copy of all data relating to him/her that are processed, and a right to rectification of those data where they are shown to be inaccurate. In certain situations he/she should also be able to object to the processing of the data relating to him/her. The only exemptions to these rights should be those provided by legislation and necessary in a democratic society for important public interests;
(vi) restrictions on onward transfers — as a matter of principle, further transfers of the personal data by the recipient of the original data transfer should be permitted only where the second recipient (i.e. the recipient of the onward transfer) is also subject to rules affording an adequate level of protection;
(vii) sensitive data — where special categories of data are involved, revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade-union membership, data concerning health or sex life, and data relating to offences, criminal convictions or security measures, data may not be processed unless domestic law provides additional safeguards.
(b) Enforcement mechanisms Appropriate mechanisms shall be in place to ensure that the following objectives are achieved:
(i) to ensure a good level of compliance with the rules, including a high degree of awareness among data controllers of their obligations, and among data subjects of their rights and the means of exercising them; the existence of effective and dissuasive sanctions; and systems of direct verification by authorities, auditors, or independent data protection officials;
(ii) to provide support and help to individual data subjects in the exercise of their rights, who must be able to enforce their rights rapidly and effectively, and without prohibitive cost, including through appropriate institutional mechanisms allowing independent investigation of complaints;
(iii) to provide appropriate redress to the injured party where rules are not complied with allowing compensation to be paid and sanctions imposed where appropriate in accordance with applicable domestic rules.

Article 200. Coherence with International Commitments

1. The EC Party and the Signatory CARIFORUM States shall inform each other through the CARIFORUM-EC Trade and Development Committee about international commitments or arrangements with third countries they may undertake, or about any obligation they may be subject to, which may be relevant for the implementation of the present Chapter, and in particular about any arrangement providing for the processing of personal data, such as collection, storage, access by or transfers to third parties of personal data.
2. In this regard at the request of the EC Party or the Signatory CARIFORUM States, the EC Party and the Signatory CARIFORUM States shall enter into consultations to address any concerns which may come to light.

Article 201. Cooperation

1. The Parties acknowledge the importance of cooperation in order to facilitate the development of appropriate legislative, judicial and institutional frameworks as well as an adequate level of protection of personal data consistent with the objectives and principles contained in this Chapter. 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 and expertise;
(b) assistance in drafting legislation, guidelines and manuals;
(c) provision of training for key personnel;
(d) assistance with the establishment and functioning of relevant institutional frameworks;
(e) assistance with the design and implementation of compliance initiatives aimed at economic operators and consumers in order to stimulate investor and public confidence. 

Part 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

1. This Part shall apply to any dispute concerning the interpretation and application of this Agreement.
2. Notwithstanding paragraph 1, the procedure set out in Article 98 of the Cotonou Agreement shall be applicable in the event of a dispute concerning development finance cooperation as provided for by the Cotonou 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-EC 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 within 15 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 Article 195(3), (4) and (5), respectively have been invoked and the matter 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 the mediation shall be the matter referred to in the request for consultations.
2. Unless the Parties agree on a mediator within 15 days of the date of the agreement to request mediation, the Chairperson of the CARIFORUM-EC 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 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 time limits 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

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-EC 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-EC 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-EC 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-EC Trade and Development Committee as provided for under Article 221.
5. The Chairperson of the CARIFORUM-EC 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 a representative of each Party. 6. The date of establishment of the arbitration panel shall be the 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 and to the CARIFORUM-EC 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-EC Trade and Development Committee in writing, stating the reasons for the delay and the date on which the panel plans to conclude its work. Under no circumstances should the ruling be notified later than 180 days from the date of 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. 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-EC Trade and Development Committee of the time it will require for compliance (reasonable period of time).
2. If there is disagreement between the Parties on the reasonable period of time to comply with the arbitration panel ruling, the complaining Party shall, within 20 days of the notification made under paragraph 1, request in writing the arbitration panel to determine the length of the reasonable period of time. Such request shall be notified simultaneously to the other Party and to the CARIFORUM-EC Trade and Development Committee. The arbitration panel shall notify its ruling to the Parties and to the CARIFORUM-EC Trade and Development Committee within 30 days from the date of the submission of the request.
3. The arbitration panel shall, in determining the length of the reasonable period of time, take into consideration the length of time that it will normally take the Party complained against to adopt 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 Party and the CARIFORUM-EC Trade and Development Committee before 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 under paragraph 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 specific measure 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 to comply with the arbitration panel ruling before the expiry of the reasonable period of time, or if the arbitration panel rules that the measure notified under Article 212(1) is not compatible with that 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 EC Party 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 EC Party 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 temporary and 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 Party and the CARIFORUM-EC 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-EC Trade and Development Committee. The arbitration panel ruling shall be notified to the Parties and to the CARIFORUM-EC 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. 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-EC 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 which shall be adopted by the Joint CARIFORUM-EC Council within three months of the provisional application of this Agreement.
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.
2. The Parties shall endeavour to agree on a common working language for any specific proceedings under this Part. If the Parties are unable to agree on a common working language, each Party shall arrange for and bear the costs of the translation of its written submissions and interpretation at the hearings into the language chosen by the Party complained against, unless such language is an official language of that Party. (30)

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-EC 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-EC 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 two 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-EC 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-EC Trade and Development Committee may establish an additional list of 15 individuals having a sectoral expertise in specific matters covered by this Agreement. When recourse is made to the selection procedure of Article 207, the Chairperson of the CARIFORUM-EC Trade and Development Committee may use such a sectoral list upon agreement of both Parties. The CARIFORUM-EC 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 not adjudicate 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 the WTO. 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 for the arbitration panels to notify their rulings, shall be counted in calendar days from the day following the act or fact to which they refer.
2. Any time limit referred to in this Part may be extended by mutual agreement of the Parties.

Part 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 arbitrary or 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 be construed to prevent the adoption or enforcement by the EC Party, the CARIFORUM States or a Signatory CARIFORUM State of measures which:
(a) are necessary to protect public security and public morals (31) or to maintain public order;
(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 practices or 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;
(iii) safety;
(iv) customs enforcement; or
(v) protection of intellectual property rights;
(d) relate to the importation or exportation of gold or silver;
(e) are necessary to the protection of national treasures of artistic, historic or archaeological value;
(f) relate to the conservation of exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption of goods, domestic supply or consumption of services and on domestic investors;
(g) relate to the products of prison labour; or
(h) are inconsistent with Articles 68 and 77, provided that the difference in treatment is aimed at ensuring the effective or equitable imposition or collection of direct taxes in respect of economic activities, investors or service suppliers of the EC Party or a Signatory CARIFORUM State. (32)
2. The provisions of Title II and of Annex IV shall not apply to the EC Party and Signatory CARIFORUM States respective social security systems or to activities in the territory of each Party, which are connected, even occasionally, with the exercise of official authority.

Article 225. Security Exceptions

1. Nothing in this Agreement shall be construed:
(a) to require the EC Party or a Signatory CARIFORUM State to furnish any information the disclosure of which it considers contrary to its essential security interests;
(b) to prevent the EC Party or a Signatory CARIFORUM State from taking any action which it considers necessary for the protection of its essential security interests:
(i) relating to fissionable and fusionable materials or the materials from which they are derived;
(ii) relating to economic activities carried out directly or indirectly for the purpose of supplying or provisioning a military establishment;
(iii) connected with the production of or trade in arms, munitions and war materials;
(iv) relating to government procurement indispensable for national security or for national defence purposes; or
(v) taken in time of war or other emergency in international relations; or
(c) to prevent the EC Party or a Signatory CARIFORUM State from taking any action in order to carry out obligations it has accepted for the purpose of maintaining international peace and security.
2. The CARIFORUM-EC Trade and Development Committee shall be informed to the fullest extent possible of measures taken under paragraphs 1(b) and (c) and of their termination.