Article 1: Use of Terms

In this Treaty, unless the context otherwise requires:

“Agreement” means the Agreement Establishing the Caribbean Court of Justice; “anti-competitive business conduct” has the meaning assigned to it in Article 173; “Budget Committee” means the Body of the Community established by paragraph

1 of Article 18;

“business” means any activity carried on for gain or reward or in the course of which goods or services are produced, manufactured or supplied as the case may be;

“Commission” means the Competition Commission established by Article 167;

“Committee of Central Bank Governors” means the Body of the Community referred to in paragraph 2 of Article 18;

“Community” means the Caribbean Community established by Article 2 and includes the CSME established by the provisions of this Treaty;

“Community Council of  Ministers” or “the Community Council” means  the

Organ of the Community so named in paragraph 1(b) of Article 10;

“Community origin” means origin which complies with the Rules of Origin set out in Article 78;

“Community treatment” means the access accorded to goods which are of Community origin to the markets of Member States without the application of import duties or quantitative restrictions;

“competent authority” means the authority legally authorised to perform a function and for the purpose of Chapter Five means the Minister of Government so designated by a Member State;

“Conference of Heads of Government” or “the Conference” means the Organ so named in paragraph 1(a) of Article 10;

“Contracting Party” means a party to the Agreement;

“Council for Human and Social Development” or “COHSOD” means the Organ of the Community so named in paragraph 2 of Article 10;

“Council for Finance and Planning” or “COFAP” means the Organ of the

Community so named in paragraph 2(a) of Article 10;

“Council for Foreign and Community Relations” or “COFCOR” means the Organ

so named in paragraph 2(c) of Article 10;

“Council for Trade and Economic Development” or “COTED” means the Organ of the Community so named in paragraph 2(b) of Article 10;

“Court” means the Caribbean Court of Justice established by the Agreement;

“the CSME” means the regime established by the provisions of this Treaty replacing Chapters Three through Seven of the Annex to the Treaty Establishing the Caribbean Community and Common Market signed at Chaguaramas on 4 July 1973;

“disadvantaged countries” means:

(a)        the Less Developed Countries within the meaning of Article 4; or

 

(b)        Member States that may require special support measures of a transitional or temporary nature by reason of:

 

(i)         impairment of resources resulting from natural disasters; or

 

(ii)        the  adverse  impact  of  the  operation  of  the  CSME  on  their economies; or

 

(iii)        temporary low levels of economic development; or

 

(iv)       being a Highly-Indebted Poor Country designated as such by the competent inter-governmental organisation;

 

“disadvantaged regions” means:

(a)        regions within Member States experiencing economic dislocation from the operation of the CSME; or

(b)        regions that may require special support measures of a transitional or temporary nature by reason of:

(i)         impairment of resources resulting from natural disasters; or

(ii)        temporary low levels of economic development;

“disadvantaged sectors” means:

(a)        sectors of the economies of Member States in which economic enterprises experience dislocation from the operation of the CSME; or

(b)        sectors that may require special support measures of a transitional or temporary nature by reason of natural disasters, whereby the loss in the sector causes social and economic disorder;

“dispute” means a dispute within the meaning of Article 183;

“economic enterprises” means  economic enterprises within  the  meaning  of paragraph 5(b) of Article 32;

“enterprise” means any person or type of organisation, other than a non-profit

organisation, involved in the production of or the trade in goods, or the provision of services;

“goods” means all kinds of property other than real property, money, securities or choses in action;

“import duties” means any tax or surtax of customs and any other charges of equivalent effect whether fiscal, monetary or exchange, which are levied on imports except those notified under Article 85 and other charges which fall within that Article;

“Legal Affairs Committee” means the Body established by paragraph 1 of Article

18;

“Member State” means a Member State of the Community excluding an Associate

Member within the meaning of Article 231;

“Ministerial Councils” means COFAP, COFCOR, COHSOD and COTED; “national” means a national within the meaning of paragraph 5(a) of Article 32; “President” means the President of the Court;

“recommended practice” means any specification for physical characteristics, configuration, material, performance, personnel or procedure, the uniform application of which is regionally or generally recognised in the international community as desirable for the efficient delivery of transport services;

“rules of competition” includes the rules set out in sub-paragraph (a)(i) of paragraph

1 of Article 166 and Articles 176, 177, 178 and 179;

“Secretariat” means the Secretariat of the Community referred to in Article 23;

“Secretary-General” means the Secretary-General of the Community;

“services” means services provided against remuneration other than wages in an approved sector and “the provision of services” means the supply of services:

 

(a)        from the territory of one Member State into the territory of another Member

State;

 

(b)        in the territory of one Member State to a service consumer of another

Member State;

 

(c)        by a service supplier of one Member State through commercial presence in the territory of another Member State; and

 

(d)        by a service supplier of one Member State through the presence of natural persons of a Member State in the territory of another Member State;

 

“standard” means any specification for physical characteristics, configuration, material, performance, personnel or procedure, the uniform application of which is regionally or generally recognised in the international community as necessary for the efficient delivery of transport services;

 

“subsidies” includes the subsidies set out in Schedule V and shall apply only in relation to goods;

 

“trade” includes any business, industry, profession or occupation relating to the supply or acquisition of goods or services;

 

“WTO Agreement” means the Agreement establishing the World Trade Organisation done at Marrakesh on 15 April 1994.