(g) protection and management of coastal and marine resources, domestic and wild indigenous biological and genetic resources;
(h) development of alternative environmentally friendly activities and livelihoods;
(i) production and facilitating trade of goods and services for which eco- labelling is important;
(j) information exchange and networking on products and their requirements in terms of production process, transport, marketing and labelling;
(k) development of infrastructure facilities on environmentally friendly products;
(l) integration of local communities in the management of biodiversity, forestry, and wildlife resources;
(m) development of waste management and disposal of industrial and toxic wastes; and
(n) promotion of stakeholder participation in international environmental dialogue.
Title VI. SANITARY AND PHYTOSANITARY MEASURES
Article 93. Scope and Objectives
1. Cooperation in this Title shall include support and building capacity in harmonisation, zoning and compartmentalisation, conformity assessment, information exchange and transparency of trade conditions.
2. The objectives of cooperation in this Title are to:
(a) facilitate the Parties' inter-regional and intra-regional trade, whilst safeguarding human, animal and plant health or life in accordance with the WTO SPS Agreement;
(b) address problems arising from SPS measures on agreed priority sectors and products giving due consideration to regional integration;
(c) stipulate procedures and modalities for facilitating cooperation in SPS matters;
(d) ensure transparency as regards SPS measures applicable to trade between and within the Parties;
(e) promote intra-regional harmonisation of measures with international standards, in accordance with the WTO SPS Agreement, and the development of appropriate policies, legislative, regulatory and institutional frameworks within the EAC Partner State(s);
(f) enhance the effective participation of the EAC Partner State(s) in the Codex Alimentarius Commission, World Organisation for Animal Health (OIE) and International Plant Protection Convention (IPPC);
(g) promote consultation and exchanges between EAC and UK institutions and laboratories;
(h) facilitate the development of capacity for setting and implementing regional and national standards in accordance with international requirements in order to facilitate regional integration;
(i) establish and enhance the EAC Partner State(s)' capacity to implement and monitor SPS measures pursuant to this Article; and
(j) promote technology transfer.
3. The Parties agree to cooperate in the following areas:
(a) Support the EAC Partner State(s) to comply with SPS measures, including the development of appropriate regulatory frameworks, policies, matters concerning the work of the relevant international standards-setting bodies, training, information events, capacity building, and technical assistance;
(b) support the harmonisation of SPS measures within the EAC Partner State(s) and the setting up of national SPS coordinating committees and to promote the capacity of the public and private sector for sanitary control. Priority areas include development and implementation of a quality programme, training, information events, the building, upgrading, modernisation and accreditation of laboratories;
(c) support on matters concerning the work of the relevant international standards-setting bodies. This cooperation may include training, information events, capacity building and technical assistance;
(d) support in the area of fisheries with the aim of developing harmonised regional rules, legislation and standards of fish products to promote trade between the Parties and within the EAC region;
(e) support with the aim of promoting cooperation between the EAC Partner State(s)â SPS institutions and equivalent UK SPS institutions;
(f) support the implementation of the SPS Agreement, particularly, in strengthening the EAC Partner State(s) competent authorities, notification and enquiry points; and
(g) support information sharing and exchange.
Article 94. Harmonisation
1. The Parties shall aim to achieve harmonisation of their respective rules and procedures for formulation of their SPS measures, including inspection, testing and certification procedures, in accordance with the WTO SPS Agreement.
2. The EAC Partner State(s) will develop, with the support of the UK, a programme and timeframe for harmonising their SPS standards.
3. The Committee of Senior Officials shall develop modalities to assist and to monitor the process of harmonisation within the regions, as appropriate.
Article 95. Zoning and Compartmentalisation
The Parties shall recognise on a case by case basis designated areas which are free from pests or diseases or areas of low pest or disease prevalence as potential sources of plant and animal products, taking into account the provisions of Article 6 of the WTO SPS Agreement.
Article 96. Special and Differential Treatment and Technical Assistance
1. The UK agrees to provide technical assistance and special and differential treatment in accordance with Articles 9 and 10 of the WTO SPS Agreement.
2. The Parties shall cooperate to address the special needs of the EAC Partner State(s) arising from the implementation of provisions of this Title.
3. The Parties agree to cooperate in relation to the following areas as priorities for technical assistance:
(a) the building of technical capacity in the public and private sectors of the EAC Partner State(s) to enable sanitary and phytosanitary controls, including training and information events for inspection, certification, supervision and control;
(b) the enhancement of technical capacity for the implementation and monitoring of SPS measures, including promoting greater use of international standards;
(c) the development of capacities for risk analysis, harmonisation, compliance, testing, certification, residue monitoring, traceability and accreditation including through the upgrading or setting up of laboratories and other equipment to help the EAC Partner State(s) comply with international standards;
(d) the support for the participation of the EAC Partner State(s) in the work of relevant international standards setting bodies; and
(e) the development of the EAC Partner State(s)' capacity for effective participation in the notification processes.
Title VII. TECHNICAL BARRIERS TO TRADE
Article 97. Scope and Objectives
1. Cooperation in this Title shall include the preparation, adoption and application of technical regulations, standards and conformity assessment procedures, as defined in the WTO Agreement on Technical Barriers to Trade (WTO TBT Agreement).
2. The objectives of cooperation in this Title are to:
(a) progressively eliminate technical barriers to trade, in order to facilitate trade between the Parties and within the EAC Partner State(s);
(b) enhance regional integration among the EAC Partner State(s) by harmonising standards, technical regulations and conformity assessment procedures applied in the EAC Partner State(s), in accordance with the WTO TBT Agreement;
(c) promote greater use of international technical regulations, standards and conformity assessment procedures, including sector specific measures;
(d) develop functional links, joint ventures and joint research and development work between the EAC Partner State(s) and UK standardisation, conformity assessment and regulatory institutions;
(e) enhance the market access for products originating in the EAC Partner State(s) through improvements in the safety, quality and competitiveness of their products;
(f) promote greater use of international best practices for technical regulations, international standards and conformity assessment procedures;
(g) ensure that the preparation, adoption and application of standards and technical regulations are transparent and do not create unnecessary obstacles to trade between the Parties in accordance with the provisions of the WTO TBT Agreement;
(h) support the development of appropriate regulatory framework, policies and reform within the EAC Partner State(s) to meet internationally accepted practices; and
(i) assist the EAC Partner State(s) to implement the WTO TBT Agreement and to comply with the TBT requirements of their trading partners in the context of the WTO TBT Agreement.
3. The Parties agree to cooperate in the following areas:
(a) support the promotion of greater use of international standards, technical regulations and conformity assessments, including sector specific measures in the Partiesâ territories;
(b) support the EAC Partner State(s)' capacity building in the fields of standardisation, metrology, accreditation and conformity assessment procedures, including support in the upgrading and setting up of laboratories and relevant institutions as well as procurement of relevant equipment;
(c) support quality management and assurance in selected sectors of importance to the EAC Partner State(s);
(d) support the EAC Partner State(s)' standards and other technical regulatory bodies full participation in international standard setting bodies, and reinforcing the role of international standards as a basis for technical regulations;
(e) support the efforts by the EAC Partner State(s)' conformity assessment bodies to obtain international accreditation;
(f) development of functional links between the Parties' standardisation, conformity assessment and certification institutions;
(g) support the development of common understanding on good regulatory practices, including:
(i) transparency in the preparation, adoption and application of technical regulations, standards and conformity assessment procedures;
(ii) necessity and proportionality of regulatory measures and related conformity assessment procedures, which may include the use of suppliersâ declarations of conformity;
(ii) use of international standards as a basis for setting up technical regulations, except where such international standards would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives pursued;
(iv) enforcement of technical regulations and market surveillance activities; and
(v) establishment of mechanisms and methods for reviewing technical regulations, standards and conformity assessment procedures;
(h) identification, prioritisation and support in the development of the necessary technical infrastructure and transfer of technology, in terms of metrology, standardisation, testing, certification and accreditation, to support technical regulations;
(i) enhancement of regulatory, technical and scientific cooperation by, inter alia, exchange of information, experiences and data, with a view to improving the quality and level of their technical regulations and making efficient use of regulatory resources;
(j) development of compatibility and convergence of the respective technical regulations, standards and conformity assessment procedures;
(k) promotion and encouragement of bilateral cooperation between the Partiesâ respective organisations responsible for metrology, standardisation, testing, certification and accreditation; and
(l) promotion of cooperation between the Parties and between the EAC Partner State(s) in relation to the work of relevant international institutions and organisations, and fora dealing with TBT issues.
Title VII. CUSTOMS AND TRADE FACILITATION
Article 98. Scope and Objectives
1. The Parties acknowledge and recognise the importance of cooperation in customs and trade facilitation matters in the evolving global trading environment.
2. The Parties agree to reinforce cooperation with a view to ensuring that the relevant legislation and procedures, as well as the administrative capacity of the relevant administrations, fulfil the objective of promoting trade facilitation.
3. The Parties acknowledge the need for proper administrative capacity to meet these objectives. They agree that the EAC Partner State(s) will need transitional periods of time and capacity building to smoothly implement the provisions of this Title.
4. The objectives of cooperation in this Title are to:
(a) facilitate trade between the Parties;
(b) promote harmonisation of customs legislation and procedures at regional level;
(c) provide support to the EAC Partner State(s) to strengthen trade facilitation;
(d) provide support to the EAC Partner State(s)' customs administrations to implement this Agreement and other international customs best ptactices; and
(e) enhance cooperation between the Parties' customs authorities and other related border agencies.
5. The Parties agree to cooperate in the following areas:
(a) exchange of information on customs legislation and procedures;
(b) development of joint initiatives in mutually agreed areas;
(c) support of the:
(i) modernisation of customs systems and procedures and reduction of customs clearance time;
(ii) simplification and harmonisation of customs procedures and trade formalities, including those related to import, export, and transit;
(iii) enhancement of regional transit systems;
(iv) enhancement of transparency in accordance with Article 134;
(v) capacity building including financial and technical assistance to the EAC Partner State(s) in this area; and
(vi) any other area of customs as agreed on by the Parties.
(d) establishment, as far as possible, of common positions in international organisations in the field of customs and trade facilitation, such as the WTO, WCO, UN and UNCTAD; and
(e) promotion of coordination between all related agencies, both internally and across borders.
6. The Parties shall provide each other mutual administrative assistance in customs matters in accordance with the provisions of Protocol 1 on rules of origin and may cooperate in the following areas:
(a) introduction of procedures and practices which reflect international instruments and standards applicable in the field of customs and trade facilitation, including WTO rules and WCO instruments and standards;
(b) implementation of activities aimed at consolidating the harmonisation of customs standards and trade facilitation measures;
(c) the application of modern customs techniques, including risk assessment, binding rulings, simplified procedures, post-release controls and audit methods;
(d) the automation of customs and other trade procedures, including electronic exchange of customs and trade information;
(e) the training of customs officials and other relevant public and private sector officials on customs and trade facilitation; and
(f) any other areas that may be identified by the Parties.
Title IX. EPA ADJUSTMENT MEASURES
Article 99. Scope and Objectives
1. The Parties recognise that the elimination and/or substantial reduction of tariffs as set out in this Agreement will be a challenge for the EAC Partner State(s).
2. The Parties also recognise that the implementation of this Agreement may result in potential challenges, inter alia, social, economic and environmental to the economies of the EAC Partner State(s). The Parties agree that these challenges may be addressed through economic and development cooperation actions.
3. Cooperation in this Title aims at addressing actual and potential adjustment challenges resulting from the implementation of this Agreement.
Article 100. Areas of Cooperation
1. With regard to revenue losses linked to the reduction of tariffs, the UK may:
(a) engage in an enhanced dialogue on fiscal adaptation measures and reforms;
(b) establish cooperation modalities to support fiscal reform.
2. To ensure that the economies of the EAC Partner State(s) take full advantage of this Agreement, the UK agrees to work with the EAC Partner State(s) to undertake appropriate cooperation activities aiming at:
(a) improving competitiveness of productive sectors within the EAC Partner State(s);
(b) improving productive and professional capacities of the workforce of the EAC Partner State(s) including training of workers displaced with closure of firms or equipping them with new skills for new activities etc.;
(c) supporting measures towards sustainable environment;
(d) building capacity to enhance macro-economic discipline;
(e) mitigating the possible impacts affecting food and nutrition security, rural development, livelihood security and export earnings in the EAC Partner State(s); and
(f) addressing other possible areas of cooperation related to the implementation challenges of this Agreement.
Title X. RESOURCE MOBILISATION
Article 101. Principles and Objectives
1. Recognising the UK's commitment to support the implementation of this Agreement and the EAC Partner State(s) own efforts to financing their development needs, the Parties agree to work both jointly and independently to mobilise financial resources to support the implementation of this Agreement, regional integration and the EAC Partner State(s)' development strategies.
2. The objective of joint resource mobilisation is to complement, support and promote in the spirit of interdependence, the efforts of the EAC Partner State(s) in pursuing alternative sources of funding to support regional integration and the development strategies contained in this Agreement.
Article 102. Obligations
1. The EAC Partner State(s) may:
(a) commit resources from their financing mechanisms on a timely and predictable basis to support regional integration and the EPA-related development strategies and projects;
(b) develop their development strategies with due regard for the right of the EAC Partner State(s) to determine the direction and the sequence of their development strategies and priorities; and
(c) establish an EPA fund to channel EPA-related resources.
2. The EAC Partner State(s) shall formulate rules and regulations for the management of the Fund to ensure transparency, accountability and value for money in the utilisation of these resources. Without prejudice to other partners' contributions to the EAC EPA Fund, the UK may consider channelling resources and this will be made provisional on a successful assessment of the Fund by the UK.
3. The UK may commit resources taking particularly into account the supply side constraints of the EAC Partner State(s) linked to the implementation of this Agreement, through:
(a) the UK Budget; or
(b) any other instrument enabling technical or financial support that will be used to implement the UK's Official Development Assistance (ODA), including assistance provided through multilateral and regional organisations.
4. The Parties shall jointly commit to work towards mobilising the following resources:
(a) funds of other donors (multilateral and bilateral donors);
(b) grants, concessional loans, public-private partnerships, and specialised facilities;
(c) any other ODA resources available from development partners.
Part VI. INSTITUTIONAL PROVISIONS
Article 103. Scope and Objective
1. The provisions of this Part apply to the EPA Council, the Committee of Senior Officials, the Consultative Committee and any institutions and Committees as may be established under this Agreement.
2. The objective of this Part is to establish institutions which will facilitate the achievement of the objectives of this Agreement.
Article 104. EPA Council
1. An EPA Council is hereby established upon entry into force of this Agreement.
2. The EPA Council shall be composed of the representatives of the Parties at ministerial level.
3. The EPA Council shall establish its own rules of procedure within six (6) months of entry into force of this Agreement.
4. The EPA Council shall be co-chaired by a representative of each Party, in accordance with the provisions laid down in its rules of procedure.
5. The EPA Council shall meet at regular intervals, not exceeding a period of two (2) years, and extraordinarily whenever circumstances so require with the agreement of the Parties.
6. The EPA Council shall be responsible for: