Article 226. Taxation
1. Nothing in this Agreement or in any arrangement adopted under this Agreement shall be construed to prevent the EC Party or a Signatory CARIFORUM State from distinguishing, in the application of the relevant provisions of their fiscal legislation, between taxpayers who are not in the same situation, in particular with regard to their place of residence or with regard to the place where their capital is invested.
2. Nothing in this Agreement or in any arrangement adopted under this Agreement shall be construed to prevent the adoption or enforcement of any measure aimed at preventing the avoidance or evasion of taxes pursuant to the tax provisions of agreements to avoid double taxation or other tax arrangements or domestic fiscal legislation.
3. Nothing in this Agreement shall affect the rights and obligations of the EC Party or a Signatory CARIFORUM State under any tax convention. In the event of any inconsistency between this Agreement and any such convention, that convention shall prevail to the extent of the inconsistency.
Part V. Institutional Provisions
Article 227. Joint Cariforum-ec Council
1. A Joint CARIFORUM-EC Council is hereby established, which shall supervise the implementation of this Agreement. The Joint CARIFORUM-EC Council shall meet at ministerial level at regular intervals, not exceeding a period of two years, and extraordinarily whenever circumstances so require, if the Parties so agree.
2. Without prejudice to the functions of the Council of Ministers as defined in Article 15 of the Cotonou Agreement, the Joint CARIFORUM-EC Council shall generally be responsible for the operation and implementation of this Agreement and shall monitor the fulfilment of its objectives. It shall also examine any major issue arising within the framework of this Agreement, as well as any other bilateral, multilateral or international question of common interest and affecting trade between the Parties.
3. The Joint CARIFORUM-EC Council shall also examine proposals and recommendations from the Parties for the review of this Agreement.
Article 228. Composition and Rules of Procedures
1. The Joint CARIFORUM-EC Council shall be composed, on the one hand, of the members of the Council of the European Union and members of the European Commission, and, on the other hand, of the representatives of the Governments of the Signatory CARIFORUM States.
2. The CARIFORUM States shall mandate one of their representatives to act on their behalf on all matters under this Agreement for which they have agreed to act collectively.
3. The Joint CARIFORUM-EC Council shall establish its own rules of procedure.
4. The Joint CARIFORUM-EC Council shall be chaired in turn by a representative of the EC Party and by a CARIFORUM representative, in accordance with the provisions laid down in its rules of procedure. The Joint CARIFORUM-EC Council shall provide periodic reports on the operation of this Agreement to the Council of Ministers established in accordance with Article 15 of the Cotonou Agreement.
5. Members of the Joint CARIFORUM-EC Council may arrange to be represented, in accordance with the conditions laid down in its rules of procedure.
Article 229. Decision-making Powers and Procedures
1. In order to attain the objectives of this Agreement, the Joint CARIFORUM-EC Council shall have the power to take decisions in respect of all matters covered by the Agreement.
2. The decisions taken shall be binding on the Parties and the Signatory CARIFORUM States, which shall take all the measures necessary to implement them in accordance with each Party's and Signatory CARIFORUM State's internal rules.
3. The Joint CARIFORUM-EC Council may also make appropriate recommendations.
4. For the matters for which Signatory CARIFORUM States agree to act collectively the Joint CARIFORUM-EC Council shall adopt decisions and recommendations by mutual agreement between the Parties. For the matters for which Signatory CARIFORUM States have not agreed to act collectively, adoption of any decision shall require the agreement of the Signatory CARIFORUM State or States concerned.
Article 230. Cariforum-ec Trade and Development Committee
1. The Joint CARIFORUM-EC Council shall be assisted in the performance of its duties by a CARIFORUM-EC Trade and Development Committee composed of representatives of the Parties, normally at senior officials level. The CARIFORUM States shall mandate one of their representatives to act on their behalf on all matters under this Agreement for which they have agreed to act collectively. Any Party or Signatory CARIFORUM State may bring to the attention of the Committee any issue related to the application of the Agreement or the attainment of its objectives.
2. The Joint CARIFORUM-EC Council shall establish the rules of procedure of the CARIFORUM-EC Trade and Development Committee. The CARIFORUM-EC Trade and Development Committee shall be chaired alternately by a representative of each of the Parties for a period of one year. It shall report annually to the Joint CARIFORUM-EC Council.
3. The CARIFORUM-EC Trade and Development Committee shall have, in particular, the following functions: (a) in the area of trade:
(i) to supervise and be responsible for the implementation and proper application of the provisions of the Agreement and to discuss and recommend cooperation priorities in this regard;
(ii) to oversee the further elaboration of the provisions of this Agreement and evaluate the results obtained in its application;
(iii) to undertake action to avoid disputes and to resolve disputes that may arise regarding the interpretation or application of the Agreement, in accordance with the provisions of Part III;
(iv) to assist the Joint CARIFORUM-EC Council in the performance of its functions;
(v) to monitor the development of regional integration and of economic and trade relations between the Parties;
(vi) to monitor and assess the impact of the implementation of this Agreement on the sustainable development of the Parties;
(vii) to discuss and undertake actions that may facilitate trade, investment and business opportunities between the Parties; and
(viii) to discuss any matters pertaining to this Agreement and any issue liable to affect the attainment of its objectives;
(b) in the area of development:
(i) to assist the Joint CARIFORUM-EC Council in the performance of its functions regarding development cooperation related matters falling under this Agreement;
(ii) to monitor the implementation of the cooperation provisions laid down in this Agreement and to coordinate such action with third party donors;
(iii) to make recommendations on trade-related cooperation between the Parties;
(iv) to keep under periodic review the cooperation priorities set out in this Agreement, and to make recommendations on the inclusion of new priorities, as appropriate; and
(v) to review and discuss cooperation issues pertaining to regional integration and implementation of this Agreement.
4. In the performance of its functions, the CARIFORUM-EC Trade and Development Committee may:
(a) set up and oversee any special committees or bodies to deal with matters falling within its competence, and determine their composition and duties, and their rules of procedure;
(b) meet at any time agreed by the Parties;
(c) consider any issues under this Agreement and take appropriate action in the exercise of its functions; and (d) take decisions or make recommendations in the cases provided for in this Agreement or where such implementing power has been delegated to it by the Joint CARIFORUM-EC Council. In such cases the Committee shall take decisions or make recommendations in accordance with the conditions laid down in Article 229(4).
5. The CARIFORUM-EC Trade and Development Committee shall generally meet once a year for an overall review of the implementation of this Agreement, on a date and with an agenda agreed in advance by the Parties, in the EC Party one year and in a CARIFORUM State the next. The Committee shall hold specific working sessions to perform the functions provided for in paragraph 3(a) and (b).
Article 231. Cariforum-ec Parliamentary Committee
1. A CARIFORUM-EC Parliamentary Committee is hereby established. It shall be a forum for members of the European Parliament and the CARIFORUM States legislatures to meet and exchange views. It shall meet at intervals which it shall itself determine. It shall cooperate with the Joint Parliamentary Assembly provided for in Article 17 of the Cotonou Agreement.
2. The CARIFORUM-EC Parliamentary Committee shall consist of members of the European Parliament, on the one hand, and of members CARIFORUM States legislatures, on the other. Representatives of the Parties may attend the meetings of the CARIFORUM-EC Parliamentary Committee.
3. The CARIFORUM-EC Parliamentary Committee shall establish its rules of procedure and inform the Joint CARIFORUM-EC Council thereof.
4. The CARIFORUM-EC Parliamentary Committee shall be chaired in turn by a representative of the European Parliament and a representative of a CARIFORUM State legislature, in accordance with the provisions to be laid down in its rules of procedure.
5. The CARIFORUM-EC Parliamentary Committee may request of the Joint CARIFORUM-EC Council relevant information regarding the implementation of this Agreement, and the Joint CARIFORUM-EC Council shall supply the Committee with the requested information.
6. The CARIFORUM-EC Parliamentary Committee shall be informed of the decisions and recommendations of the Joint CARIFORUM-EC Council.
7. The CARIFORUM-EC Parliamentary Committee may make recommendations to the Joint CARIFORUM-EC Council and the CARIFORUM-EC Trade and Development Committee.
Article 232. Cariforum-ec Consultative Committee
1. A CARIFORUM-EC Consultative Committee is hereby established with the task of assisting the Joint CARIFORUM-EC Council to promote dialogue and cooperation between representatives of organisations of civil society, including the academic community, and social and economic partners. Such dialogue and cooperation shall encompass all economic, social and environmental aspects of the relations between the EC Party and CARIFORUM States, as they arise in the context of the implementation of this Agreement.
2. Participation in the CARIFORUM-EC Consultative Committee shall be decided by the Joint CARIFORUM-EC Council, with a view to ensuring a broad representation of all interested parties.
3. The CARIFORUM-EC Consultative Committee shall carry out its activities on the basis of consultation by the Joint CARIFORUM-EC Council or on its own initiative and make recommendations to the Joint CARIFORUM-EC Council. Representatives of the Parties shall attend the meetings of the CARIFORUM-EC Consultative Committee.
4. The CARIFORUM-EC Consultative Committee shall adopt its rules of procedure in accord with the Joint CARIFORUM-EC Council.
5. The CARIFORUM-EC Consultative Committee may make recommendations to the Joint CARIFORUM-EC Council and the CARIFORUM-EC Trade and Development Committee.
Part VI. General and Final Provisions
Article 233. Definition of the Parties and Fulfilment of Obligations
1. Contracting Parties of this Agreement are Antigua and Barbuda, the Commonwealth of The Bahamas, Barbados, Belize, the Commonwealth of Dominica, the Dominican Republic, Grenada, the Republic of Guyana, the Republic of Haiti, Jamaica, Saint Christopher and Nevis, Saint Lucia, Saint Vincent and the Grenadines, the Republic of Suriname, and the Republic of Trinidad and Tobago, herein referred to as the "CARIFORUM States", on the one part, and the European Community or its Member States or the European Community and its Member States, within their respective areas of competence as derived from the Treaty establishing the European Community, herein referred to as the "EC Party", on the other part.
2. For the purposes of this Agreement, the CARIFORUM States agree to act collectively.
3. For the purposes of this Agreement, the term "Party" shall refer to the CARIFORUM States acting collectively or the EC Party as the case may be. The term "Parties" shall refer to the CARIFORUM States acting collectively and the EC Party.
4. Where individual action is provided for or required to exercise the rights or comply with the obligations under this Agreement reference is made to the "Signatory CARIFORUM States".
5. The Parties or the Signatory CARIFORUM States as the case may be shall adopt any general or specific measures required for them to fulfil their obligations under this Agreement and shall ensure that they comply with the objectives laid down in this Agreement.
Article 234. Coordinators and Exchange of Information
1. In order to facilitate communication and to ensure the effective implementation of the Agreement the EC Party, the CARIFORUM States collectively and each Signatory CARIFORUM State shall designate a Coordinator upon the provisional application of this Agreement. The designation of Coordinators is without prejudice to the specific designation of competent authorities under specific provisions of this Agreement.
2. On request of either Party, the coordinator of the other Party or of a Signatory CARIFORUM State shall indicate the office or official responsible for any matter pertaining to the implementation of this Agreement and provide the required support to facilitate communication with the requesting Party.
3. On request of either Party, and to the extent legally possible, each Party and the Signatory CARIFORUM States through their coordinators shall provide information and reply promptly to any question relating to an actual or proposed measure that might affect trade between the Parties. The Parties agree to channel their exchanges of information through the CARIFORUM Coordinator to the maximum extent possible.
Article 235. Transparency
1. Each Party and Signatory CARIFORUM State shall ensure that any laws, regulations, procedures and administrative rulings of general application as well as any international commitments relating to any trade matter covered by this Agreement are promptly published or made publicly available and brought to the attention of the other Party.
2. Without prejudice to specific transparency provisions in this Agreement, the information referred to under this Article shall be considered to have been provided when the information has been made available by appropriate notification to the WTO or when the information has been made available on the official, publicly and fee-free accessible website of the Party or of the Signatory CARIFORUM State concerned.
3. Nothing in this Agreement shall require any Party or Signatory CARIFORUM States to provide confidential information, the disclosure of which would impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice legitimate commercial interests of particular enterprises, public or private, except to the extent that it may be necessary to be disclosed in the context of a dispute settlement proceeding under Part III of this Agreement. Where such disclosure is considered necessary by a panel established under Article 207, the panel shall ensure that confidentiality is fully protected.
Article 236. Dialogue on Finance Issues
The Parties and the Signatory CARIFORUM States agree to foster dialogue, transparency and to share best practices in the area of tax policy and administration.
Article 237. Collaboration In the Fight Against Illegal Financial Activities
The EC Party and the Signatory CARIFORUM States are committed to prevent and fight against illegal, fraudulent and corrupt activities, money laundering and terrorist financing and shall take the necessary legislative and administrative measures to comply with international standards, including those laid down in the United Nations Convention against Corruption, the United Nations Convention on Transnational Organised Crime and its Protocols and the United Nations Convention for the Suppression of Terrorist Financing. The EC Party and the Signatory CARIFORUM States agree to exchange information and cooperate in these areas.
Article 238. Regional Preference
1. Nothing in this Agreement shall oblige a Party to extend to the other Party of this Agreement any more favourable treatment which is applied within each of the Parties as part of its respective regional integration process.
2. Any more favourable treatment and advantage that may be granted under this Agreement by any Signatory CARIFORUM State to the EC Party shall also be enjoyed by each Signatory CARIFORUM State.
3. Notwithstanding paragraph 2:
(i) Any more favourable treatment and advantage shall apply immediately upon the signature of this Agreement with respect to all products attracting a zero rate of duty as specified in Annex III.
(ii) Any more favourable treatment and advantage shall apply one year after the date of signature of this Agreement, between the CARIFORUM States which comprise the "More Developed Countries" of the Caribbean Community (the Commonwealth of Bahamas, Barbados, the Republic of Guyana, Jamaica, the Republic of Suriname and the Republic of Trinidad and Tobago) and the Dominican Republic with respect to all other products specified in Annex III and the provisions of Annex IV.
(iii) Any more favourable treatment and advantage shall apply two years after the date of signature of this Agreement, between the CARIFORUM States which comprise the "Less Developed Countries" of the Caribbean Community (Antigua and Barbuda, Belize, the Commonwealth of Dominica, Grenada, Saint Christopher and Nevis, Saint Lucia, Saint Vincent and the Grenadines) and the Dominican Republic with respect to all other products specified in Annex III and the provisions of Annex IV. The Republic of Haiti shall not be required to extend any such more favourable treatment and advantage to the Dominican Republic before five years of the date of signature of this Agreement.
Article 239. Outermost Regions of the European Community
1. Taking account of the geographical proximity of the outermost regions of the European Community and the CARIFORUM States and in order to reinforce economic and social links between these regions and the CARIFORUM States, the Parties shall endeavour to specifically facilitate cooperation in all areas covered by the present Agreement as well as facilitate trade in goods and services, promote investment and encourage transport and communication links between the outermost regions and the CARIFORUM States.
2. The objectives enunciated in paragraph 1 shall also be pursued, wherever possible, through fostering the joint participation of the CARIFORUM States and the outermost regions in framework and specific programmes of the European Community in areas covered by this Agreement.
3. The EC Party shall endeavour to ensure coordination between the different financial instruments of the European Community's cohesion and development policies in order to foster cooperation between CARIFORUM States and the outermost regions of the European Community in the areas covered by this Agreement.
4. Nothing in this Agreement shall prevent the EC Party from applying existing measures aimed at addressing the structural social and economic situation of the outermost regions pursuant to Article 299(2) of the Treaty establishing the European Community.
Article 240. Balance of Payments Difficulties
1. Where any Signatory CARIFORUM States or the EC Party is in serious balance of payments and external financial difficulties, or under threat thereof, it may adopt or maintain restrictive measures with regard to trade in goods, services and establishment.
2. The Signatory CARIFORUM States and the EC Party shall endeavour to avoid the application of the restrictive measures referred to in paragraph 1.
3. Any restrictive measure adopted or maintained under this Article shall be non-discriminatory and of limited duration and shall not go beyond what is necessary to remedy the balance of payments and external financial situation. They shall be in accordance with the conditions established in the WTO Agreements and consistent with the Articles of Agreement of the International Monetary Fund, as applicable.
4. Any Signatory CARIFORUM States or the EC Party maintaining or having adopted restrictive measures, or any changes thereto, shall promptly notify them to the other Party and present, as soon as possible, a time schedule for their removal.
5. Consultation shall be held promptly within the CARIFORUM-EC Trade and Development Committee. Such consultations shall assess the balance of payments situation of the concerned Signatory CARIFORUM States or the EC Party and the restrictions adopted or maintained under this Article, taking into account, inter alia, such factors as:
(a) the nature and extent of the balance of payments and the external financial difficulties;
(b) the external economic and trading environment;
(c) alternative corrective measures which may be available. The consultations shall address the compliance of any restrictive measures with paragraphs 3 and 4. All findings of statistical and other facts presented by the International Monetary Fund relating to foreign exchange, monetary reserves and balance of payments shall be accepted and conclusions shall be based on the assessment by the Fund of the balance of payments and the external financial situation of the concerned CARIFORUM State or EC Party.
Article 241. Relations with the Cotonou Agreement
1. With the exception of development cooperation provisions contained in Title II of Part 3 of the Cotonou Agreement, in case of any inconsistency between the provisions of this Agreement and the provisions of Title II of Part 3 of the Cotonou Agreement the provisions of this Agreement shall prevail.
2. Nothing in this Agreement shall be construed so as to prevent the adoption by the EC Party or a Signatory CARIFORUM State of any measures, including trade-related measures under this Agreement, deemed appropriate, as provided for under Articles 11(b), 96 and 97 of the Cotonou Agreement and according to the procedures set by these Articles.
Article 242. Relations with the Wto Agreement
The Parties agree that nothing in this Agreement requires them or the Signatory CARIFORUM States to act in a manner inconsistent with their WTO obligations.
Article 243. Entry Into Force
1. This Agreement shall enter into force the first day of the month following that in which the Parties have notified each other of the completion of the procedures necessary for this purpose. 2. Notifications shall be sent to the Secretary General of the Council of the European Union, who shall be the depository of this Agreement.
3. Pending entry into force of the Agreement, the European Community and the Signatory CARIFORUM States shall agree to provisionally apply the Agreement, in full or in part. This may be effected by provisional application pursuant to the laws of a signatory or by ratification of the Agreement. Provisional application shall be notified to the depositary. The Agreement shall be applied provisionally ten (10) days after the latter of the receipt of notification of provisional application from the European Community or from all the Signatory CARIFORUM States. Provisional application shall be effected as soon as possible, but no later than 31 October 2008.
4. Notwithstanding paragraph 3, the European Community and Signatory CARIFORUM States may take steps to apply the Agreement, before provisional application, to the extent feasible.
Article 244. Duration
1. This Agreement shall be valid indefinitely.
2. Either Party or Signatory CARIFORUM State may give written notice to the others of its intention to denounce this Agreement.
3. Denunciation shall take effect six months after notification.
Article 245. Territorial Application
This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty, and, on the other hand, to the territories of the Signatory CARIFORUM States. References in this Agreement to "territory" shall be understood in this sense.
Article 246. Revision Clause
1. The Parties agree to consider extending this Agreement with the aim of broadening and supplementing its scope in accordance with their respective legislation, by amending it or concluding agreements on specific sectors or activities in the light of the experience gained during its implementation. The Parties may also consider revising this Agreement to bring Overseas Countries and Territories associated with the European Community within the scope of this Agreement.
2. As regards the implementation of this Agreement, either Party may make suggestions oriented towards adjusting trade related cooperation, taking into account the experience acquired during the implementation thereof.
3. The Parties agree that this Agreement may need to be reviewed in the light of the expiration of the Cotonou Agreement.
Article 247. Accession of New Eu Member States
1. The Joint CARIFORUM-EC Council shall be advised of any request made by a third State to become a member of the European Union (EU). During the negotiations between the EU and the applicant State, the EC Party shall provide the CARIFORUM States with any relevant information and they in turn shall convey their concerns to the EC Party so that it can take them fully into account. The CARIFORUM States shall be notified by the EC Party of any accession to the EU.
2. Any new Member State of the EU shall accede to this Agreement from the date of its accession to the EU by means of a clause to that effect in the act of accession. If the act of accession to the EU does not provide for such automatic accession of the EU Member State to this Agreement, the EU Member State concerned shall accede by depositing an act of accession with the General Secretariat of the Council of the European Union, which shall send certified copies to the CARIFORUM States.
3. The Parties shall review the effects of the accession of new EU Member States on this Agreement. The Joint CARIFORUM-EC Council may decide on any transitional or amending measures that might be necessary.
Article 248. Accession
1. Any Caribbean State may accede to this Agreement subject to such terms and conditions as may be agreed between such country and the EC Party and the Signatory CARIFORUM States and following approval in accordance with the applicable legal procedures of the EC Party and the Signatory CARIFORUM States and the acceding country.
2. The instrument of accession shall be deposited with the depositary.
Article 249. Authentic Texts
This Agreement is drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each of these texts being equally authentic.
Article 250. Annexes
The Annexes, Protocols and footnotes shall form an integral part of this Agreement. Appendix 1 to Annex III is drawn up only in English.