Schedule I : List Of Conditions To Be Complied With As Provided Under Article 84 Of The Treaty And The Rules Regarding Community Origin

This Schedule consists of –

(a) A List comprising goods referred to in sub-paragraph (b) (ii) of paragraph 1 of
Article 84 of the Treaty (hereinafter referred to as “the List”);

(b) the Rules regarding Community Origin.

EXPLANATORY NOTE

The application of the List is governed by the following general notes:

(i) In this List, where a tariff heading number is preceded by the word “ex”, only those products of that heading specified in the column headed “Product” are referred to. Descriptions of finished products and of materials are to be interpreted according to the relative Section and Chapter Notes of the Harmonised Commodity Description and Coding System (HS)and the General Rules for the Interpretation of the Harmonised System.

(ii) Four figure references of the type “04.02”,”17.04″, etc. are references to the headings of the Harmonised Commodity Description and Coding System (HS).

(iii) Where the condition to be complied with for any product does not prescribe the use of regional materials, it shall always be understood that materials imported from outside the Community or of undetermined origin may be used. If such materials are used in
a more advanced state of processing than that specified in the List, the finished product shall be ineligible for Community treatment.

Annex IV (Paragraph 2 of Article 117)

This Protocol shall cover the following products:

 

(i)       HS Chapters 1-24 less fish and fish products, forestry and forest products plus*;

 

(ii) HS Code 2905.43 (mannitol)
HS Code 2905.44 (sorbitol)
HS Heading 33.01 (essential oils)
HS Headings 35.01 to 35.05 (albuminoidal
substances,
modified starches, glues)
HS Code 3809.10 (fishing agents)
HS Code 3823.60 (sorbitol n.e.p.)
HS Headings 41.01 to 41.03 (hides and skins)
HS Headings 43.01 (raw furskins)
HS Headings 50.01 to 50.03 (raw silk and silk waste)
HS Headings 51.01 to 51.03 (wool and animal hair)
HS Headings 52.01 to 52.03 (raw cotton, waste and cotton carded or
combed)
HS Heading 53.01 (raw flax)
HS Heading 53.02 (raw hemp)

 

* The product descriptions in round brackets are not necessarily exhaustive.

 

Annex III

Annex III (a)

ILLUSTRATIVE LIST OF INFORMATION REQUIRED BY ARTICLES 100, 106 and 112

 

(i)         The identity of the applicant and a description of the volume and value of the domestic production of the like product by the applicant. Where a written application is made on behalf of the domestic industry, the application shall identify the industry on behalf of which the application is made by a list of all known domestic producers of the like product (or associations of domestic producers of the like product) and, to the extent possible, a description of the volume and value of domestic production of the like product accounted for by such producers;

(ii)        a complete description of the allegedly subsidised product, the names of the country or countries of origin or export in question, the identity of each known exporter or foreign producer and a list of known persons importing the product in question;

(iii)        evidence with regard to the existence, amount and nature of the subsidy in question;

(iv)       evidence that alleged injury to a domestic industry is caused by subsidised imports through the effects of the subsidies; this evidence includes information on the evolution of the volume of the allegedly subsidised imports, the effect of these imports on prices of the like product in the domestic market and the consequent impact of the imports on domestic industry, as demonstrated by relevant factors and indices having a bearing on the state of the domestic industry.

 

Annex III (b)

ILLUSTRATIVE LIST OF INFORMATION REQUIRED BY ARTICLE 129

(i)         The identity of the applicant and a description of the volume and value of the domestic production of the like product by the applicant. Where a written application is made on behalf of the domestic industry, the application shall identify the industry on behalf of which the application is made by a list of all known domestic producers of the like product (or associations of domestic producers of the like product) and, to the extent possible, a description of the volume and value of domestic production of the like product accounted for by such producers;

(ii)        A complete description of the allegedly dumped product, the names of the country or countries of origin or export in question, the identity of each known exporter or foreign producer and a list of known persons importing the product in question;

(iii)        Information on prices at which the product in question is sold when destined for consumption in the domestic markets of the country or countries of origin or export (or, where appropriate, information on the prices at which the product is sold from the country or countries of origin or export to a third country or countries, or on the constructed value of the product) and information on export prices or, where appropriate, on the prices at which the product is first resold to an independent buyer in the territory of the importing Member State;

(iv)       Information on the evolution of the volume of the allegedly dumped imports, the effect of these imports on prices of the like product in the domestic market and the consequent impact of the imports on the domestic industry, as demonstrated by relevant factors and indices having a bearing on the state of the domestic industry, such as those referred to in Article 128.

Annex II (Paragraph 3 of Article 98)

CONSULTATIONS

  1. As soon as possible after an application for an investigation is accepted and in any event before the initiation of any investigation, a Member State whose products may be subject to such investigation, shall be invited for consultations with the aim of clarifying the situation and arriving at a mutually agreed solution.
  1. Furthermore, throughout the period of investigation, a Member State whose products are  the  subject  of  the  investigation shall  be  afforded  a  reasonable opportunity to  continue consultations, with a view to clarifying the factual situation and to arriving at a mutually agreed solution.
  1. Without prejudice to the obligation to afford reasonable opportunity for consultations, these provisions regarding consultations are not intended to prevent the authorities of a Member State from proceeding expeditiously with regard to initiating the investigation, reaching preliminary or final determinations, whether affirmative or negative, or from applying provisional or final measures, in accordance with the provisions of this Agreement.
  1. The Member State which intends to initiate any investigation or is conducting such an investigation shall permit, upon request, the Member State whose products are subject to such investigation access to non-confidential evidence, including any non-confidential summary of confidential data being used for initiating or conducting the investigation.

Annex 1 (Paragraph 5 of Article 100)

DEFINITION OF DOMESTIC INDUSTRY

 

  1. For the purposes of this Protocol, the term “domestic industry” shall, except as provided in paragraph 4, be interpreted as referring to the domestic producers as a whole f the like products or to those of them whose collective output of the products constitutes a major proportion of the total domestic production of those products, except that when producers are related to the exporters or importers or are themselves importers of the allegedly subsidised or dumped product or a like product from other countries, the term “domestic industry” may be interpreted as referring to the rest of the producers.

 

  1. In exceptional circumstances, the territory of a Member State may, for the production in question, be divided into two or more competitive markets and the producers within each market may be regarded as a separate industry if (a) the producers within such market sell all or almost all of their production of the product in question in that market, and (b) the demand in that market is not to any substantial degree supplied by producers of the product in question located elsewhere in the territory. In such circumstances, injury may be found to exist even where a major portion of the total domestic industry is not injured, provided there is a concentration of subsidised for dumped imports into such an isolated market and provided further that the subsidised imports are causing injury to the producers of all or almost all of the production within such market.

 

  1. When the domestic industry has been interpreted as referring to the producers in a certain area, i.e., a market as defined in paragraph 2, countervailing duties shall be levied only on the products in question consigned for final consumption to that area. When the constitutional law of the importing Member State does not permit the levying of countervailing or anti-dumping duties on such a basis, the importing Member State may levy the relevant duties without limitation only of (a) the exporters shall have been given an opportunity to cease exporting at subsidised or dumped prices to the area concerned or otherwise give assurances pursuant to Article 116 or 133 and adequate assurances in this regard have not been promptly given, and (b) such duties cannot be levied only on products of specific producers which supply the area in question.

 

  1. Whenever an investigation is being undertaken by the Community on behalf of the domestic industry which has alleged injury from extra-regional imports, the domestic industry in the CSME shall be taken to be the industry referred to in paragraphs 1 and 2 consistent with the provisions of paragraph 8(a) of Article XXIV of GATT 1994.

Rule 5: Segregation of materials

  1. 1. For those products or industries where it would be impracticable for the producer physically to segregate materials of similar character but different origin used in the production of goods, such segregation may be replaced by an appropriate accounting system, which ensures that no more goods received Community tariff treatment, than would have been the case, if the producer had been able physically to segregate the
  1. Any such accounting system shall conform to such conditions as may be agreed upon by Member States concerned in order to ensure that adequate control measures will be applied.

Rule 4: Unit of Qualification

  1. Each article in a consignment shall be considered separately.
  1. For the purposes of paragraph 1 of this Rule –

(a)        where the Harmonised Commodity Description and Coding System specifies that a group, set or assembly of articles is to be classified within a single heading, such a group, set or assembly shall be treated as one article;

(b)        tools, parts and accessories which are imported with an article, and the price of which is included in that of the article or for which no separate charge is made, shall be considered as forming a whole with the article, provided that they constitute the standard equipment customarily included on the sale of articles of that kind;

(c)        in cases not within sub-paragraphs (a) and (b), goods shall be treated as a single article if they are so treated for purposes of assessing Customs duties by the importing Member State.

  1. An unassembled or disassembled article which is imported in more than one consignment because it is not feasible for transport or production reasons to import it in a single consignment shall, if the importer so requests, be treated as one article.

Rule 3: Application of the criterion of substantial transformation

  1. Where materials containing any element imported from outside the Community meet the conditions specified in Article 84, those materials shall be regarded as containing no such element.
  1. For the purpose of Article 84 –

(a)        the value of any materials imported from outside the Community shall be the customs value determined for them by the Customs Authority in the Member State where they were used in a process of production, less the amount of any transport costs incurred in transit through other Member States;

(b)        if the origin of any materials cannot be determined, such materials shall be deemed to have been imported from outside the Community;

(c)        the export price of the goods shall be the value accepted for this purpose by the Customs Authority in the Member State in which they were produced. It shall be based, mutatis mutandis, on the provision set out in sub-paragraph (a), but shall not include the amounts of transport and insurance costs incurred after the exportation of the goods.

  1. In the application of the List the conditions to be complied with other than a percentage value-added condition applicable to any goods shall be fulfilled in respect of the whole of the goods, excluding any packing.
  1. The expressions appearing in the columns headed “conditions to be complied with” in the List and set out below shall be applied in the following manner:

(a)        “produced from regional materials of” – the materials falling within the tariff headings or Chapters named may be used only if they qualify to be treated as of Community origin within the meaning of Article 84. This does not preclude the use of regional materials in an earlier stage of production;

(b)        “produced from materials of” and “produced from” – the materials named or designated as the case may be must be used in the condition in which they are described. This does not preclude the use of the materials in an earlier stage of production;

(c)        “produced from materials not included in” – the materials which fall in the tariff headings named may not be used if  they are imported from outside the Community or are of undetermined origin;

(d)        “extraregional  materials”  shall  mean  materials  imported  from  outside  the Community or of undetermined origin;

(e)        “chemical transformation” shall mean the forming of the molecule of the finished product by –

(i)         the combination of two or more elements; or

(ii)        any modification of the structure of the molecule of a compound with the exception of ionisation and the addition or removal of water of crystallisation.

Rule 2: Goods wholly produced within the Community

  1. The expression “wholly produced” when used with reference to goods means: (a) mineral products extracted from the ground within the Community;

(b)        vegetable products harvested within the Community;
(c)        live animals born and raised within the Community;
(d)        products obtained within the Community from live animals;
(e)        products obtained by hunting or fishing conducted within the Community; (f)         marine products taken from the sea by a vessel of a Member State;
(g)        goods produced within the Community exclusively from one or both of the following –

(i)       goods referred to in sub-paragraphs (a) to (f) and (h) and (i) of this paragraph;

(ii)       goods containing no materials imported from outside the Community or of undetermined origin, or containing those materials but which would not be regarded as such under paragraph 1 of Rule 3;

and shall be taken to include –

(h)        used articles fit only for the recovery of materials provided that they have been collected from users within the Community;

(i)         scrap and waste resulting from manufacturing operations within the Community.

 

  1. Wherever in paragraph 1 of Article 84 of this Treaty goods are required to be wholly produced, the use of small quantities of preservatives, vitamins, colouring and similar materials imported from outside the Community or of undetermined origin shall not affect their eligibility for Community treatment as wholly produced.

Rule1: Interpretative Provisions

  1. In determining the place of production of marine products and goods produced therefrom, a vessel of a Member State shall be regarded as part of that State. In determining the place from which goods have been consigned, marine products taken from the sea or goods produced therefrom at sea shall be regarded as having been consigned from a Member State if they were taken by or produced in a vessel of a Member State and have been brought direct to the Community.
  1. For the purpose of these Rules a vessel shall be treated as a vessel of a Member State only if –

(a)        it is registered in a Member State;

(b)        it carries a complement (inclusive of the Master thereof) of which not less than three-fourths are nationals of Member States; and

(c)        it is majority owned and operated by –

(i)          nationals of Member States, or

(ii)       a Government of a Member State, or

(iii)        a statutory Corporation of a Member State

In this paragraph nationals of Member States shall have the same meaning as in paragraph 5 of Article 32 of this Treaty.

“Materials” includes raw materials, intermediate products, parts and components used in the process of production, repair, renovation or improvement of the goods.

Energy, fuel, plant, machinery and tools used in the production, repair, renovation or improvement of goods within the Community and materials used in the maintenance of such plant, machinery and tools, shall be regarded as wholly produced within the Community when determining the origin of these goods.

Goods other than those to which paragraph 1 of Rule 2 of these Rules applies shall not be treated as being of Community origin if they are produced by any operation or process which consists only of one or more of the following, whether or not there is a change of tariff heading –

(a)        operations to ensure the preservation of goods during transport and storage (ventilation, spreading out, drying, chilling, placing in salt, sulphur dioxide or other aqueous solution, removal of damaged parts, and like operations);

(b)        simple operations consisting of removal of dust, sifting or screening, sorting, grading, classifying, matching (including the making up of sets of articles), washing, painting and cutting up resulting in the mere reduction in size;

(c)        (i)  changes of packing;

(ii) simple placing in bottles, flasks, bags,cases, boxes, fixing on cards or boards and other simple packing operations;

(d)        affixing marks, labels or  other like distinguishing signs on  goods or  their packaging;

(e)        simple  mixing  of  materials  imported  from  outside  the  Community  or  of undetermined origin if the characteristics of the goods as a whole are not essentially different from the characteristics of the materials which have been mixed;

(f)         operations which consist solely of welding, soldering, fastening, riveting, bolting and  like  operations, or  otherwise putting  together of  all  finished parts  or components to constitute a finished product.

“Chapter” and “tariff heading” in article 84 or in this Schedule shall mean the Chapters and headings of the Harmonised Commodity Description and Coding System.

  1. For the purpose of sub-paragraph (f) of paragraph 5, the expression “finished parts or components” refers to those articles which are imported into the Community in a form or condition which does not require any further fabrication, change in shape or form, resulting in a change in identity or use or the application of permanent protective/decorative coating for the purposes of incorporation in the finished product.
  1. Paragraphs 5(f) and 7 in this Rule shall take effect one year after the entry into force of the amendment of this Schedule, pursuant to the decision of the Council at its Special Meeting in July

1990.

Article 30: Scope of Application

  1. Save as otherwise provided in this Article and Article 31, the provisions of this Chapter shall apply to the right of establishment, the right to provide services and the right to move capital in the Community.
  1. Activities in a Member State involving the exercise of governmental authority shall, in so far as that Member State is concerned, be excluded from the operation of this Chapter.
  1. For the purposes of this Chapter, “activities involving the exercise of governmental authority” means activities conducted neither on a commercial basis nor in competition with one or more economic enterprises, and includes:

(a)        activities conducted by a central bank or monetary authority or any other public entity, in pursuit of monetary or exchange rate policies;

(b)        activities forming part of a statutory system of social security or public retirement plans;

(c)        activities forming part of a system of national security or for the establishment or maintenance of public order; and

(d)        other activities conducted by a public entity for the account of or with the guarantee or using financial resources of the government.

Article 29: Voting in the Community Council and Ministerial Councils

  1. Save as otherwise provided in this Treaty and subject to the provisions of this Article and Article 27, the Ministerial Councils shall take decisions by a qualified majority vote  and such decisions shall be binding.
  1. For the purposes of paragraph 1 of this Article a qualified majority vote means an affirmative vote of the Member States comprising no less than three-quarters of the membership of the Community.
  1.   Where issues have been determined to be of critical importance to the national well- being of a Member State, in accordance with paragraph 4 of this Article, such decisions shall be reached by an affirmative vote of all Member States.
  1. Decisions that an issue is of critical importance to the national well-being of a Member State shall be reached by a two-thirds majority of the Member States.
  1. For the purposes of paragraph 3 of this Article abstentions shall not be construed as impairing the validity of decisions required to be reached by unanimity provided that Member States constituting not less than three-quarters of the membership of the Community vote in favour of such decisions.

Article 28: Voting in the Conference

  1. Save as otherwise provided in this Treaty and subject to paragraph 2 of this Article and the relevant provisions of Article 27, the Conference shall take decisions by an affirmative vote of all its members and such decisions shall be binding.
  1. For the purpose of this Article abstentions shall not be construed as impairing the validity of decisions of the Conference provided that the Member States constituting three-quarters of the membership of the Community, vote in favour of such decisions.
  1. Omission by a Member State to participate in the vote shall be deemed an abstention within the meaning of paragraph 2 of this Article.
  1. Parties to a dispute or against which sanctions are being considered shall not have the right to vote on the issue falling to be determined.

Article 27: Common Voting Procedures in Community Organs and Bodies

  1. Subject to paragraph 2 of this Article, each Member State represented on Community Organs and Bodies shall have one vote.  A simple majority of Member States shall constitute a quorum.
  1. Member States, whose contributions to the regular budget of the Community are in arrears for more than two years,  shall not have the right to vote except on matters relating to the CSME,  but may otherwise participate in the deliberations of Community Organs and Bodies. The Conference may, nevertheless, permit such Member States to vote if it is satisfied that the failure to contribute is due to conditions beyond their control.
  1. Decisions on procedural issues in Community Organs shall be reached by a simple majority of Member States.
  1. Subject to the agreement of the Conference, a Member State may opt out of obligations arising from the decisions of competent Organs provided that the fundamental objectives of the Community, as laid down in the Treaty, are not prejudiced thereby.
  1. Prior to taking decisions on any issue falling to be determined by Community Organs, the Secretariat shall bring to the attention of the meeting the financial implications of such decisions and any other matters which may be relevant.
  1.  Recommendations of Community Organs shall be made by a two-thirds majority of Member States and shall not be legally binding. Member States omitting to comply with recommendations shall inform the Secretariat in writing within six months stating the reasons for their non-compliance.
  2.  Subject to the relevant provisions of this Treaty, Community Organs and Bodies shall establish their rules of procedure.

Article 26: The Consultative Process

  1. In order to enhance the decision-making process in the Community, the Community Council, assisted by the Secretary-General, shall, in collaboration with competent authorities of the Member States, establish and maintain an efficient system of consultations at the national and regional levels.
  1. The system of consultations shall be structured to ensure that determinations of Community Organs and the Legal Affairs Committee are adequately informed by relevant information inputs and are reinforced by consultations undertaken at successively lower levels of the decision- making process.

Article 25: Functions of the Secretariat

In addition to any functions which may be assigned to it by Organs of the Community, the Secretariat shall:

 

(a)        service meetings of the Organs and Bodies of the Community and take appropriate follow up action on determinations issuing from such meetings;

(b)        initiate, organise and conduct studies on issues for the achievement of the objectives of the Community;

(c)        provide, on request, services to the Member States of the Community on matters relating to the achievement of its objectives;

(d)        collect, store and disseminate to the Member States of the Community information relevant for the achievement of its objectives;

(e)        assist  Community  Organs  in  the  development  and  implementation of proposals and programmes for the achievement of objectives of the Community;

(f)         co-ordinate in relation to the Community the activities of donor agencies, international, regional  and  national  institutions for  the  achievement of objectives of the Community;

(g)        prepare the draft budget of the Community for examination by the Budget

Committee;

(h)        provide, on request, technical assistance to national authorities to facilitate implementation of Community decisions;

(i)         conduct, as mandated, fact-finding assignments in the Member States, and

(j)         initiate or develop proposals for consideration and decision by competent

Organs in order to achieve Community objectives.

Article 24: The Secretary-General

  1. The Secretary-General shall be appointed by the Conference, on the recommendation of the Community Council, for a term not exceeding five years and may be reappointed by the Conference.
  1. The Secretary-General shall be the Chief Executive Officer of the Community and shall, subject to the determinations of competent Organs of the Community and in accordance with the financial and other regulations, perform the following functions:

(a)        represent the Community;

(b)        develop, as mandated, decisions of competent Organs of the Community into implementable proposals;

(c)        identify and mobilise, as required, external resources to implement decisions at the regional level and undertake studies and develop decisions on relevant issues into implementable proposals;

(d)        implement, as mandated, decisions at the regional level for the achievement of Community objectives;

(e)        implement, with the consent of the Member State concerned, Community decisions which do not require legislative or administrative action by national authorities;

(f)         monitor  and  report  on,  as  mandated,  implementation  of  Community decisions;

(g)        initiate or develop proposals for consideration and decision by competent

Organs in order to achieve Community objectives, and

(h)        such other functions assigned by the Conference or other competent Organs.

Article 23: The Secretariat

  1. The Secretariat shall be the principal administrative organ of the Community.  The headquarters of the Community shall be located in Georgetown, Guyana.
  1. The Secretariat shall comprise a Secretary-General and such other staff as the Community may require. In the recruitment of such staff, consideration shall be given to securing the highest standards of efficiency, competence and integrity, bearing in mind the principle of equitable geographical distribution.
  1. The Secretary-General shall, in addition to the powers conferred by or under the Treaty, be the Chief Executive Officer of the Community and shall act in that capacity at all meetings of Community Organs and Bodies. He shall make an annual report to the Conference on the work of the Community.
  1. In the performance of their duties the Secretary-General and staff shall neither seek nor receive instructions from any Government of the Member States or from any other authority external to the Community. They shall refrain from any action which might reflect adversely on their position as officials of the Community and shall be responsible only to the Community.
  1. Member States undertake to respect the exclusively international character of the responsibilities of the Secretary-General and staff and shall not seek to influence them in the discharge of their responsibilities.
  1. The Conference shall approve the Staff Regulations governing the operations of the Secretariat.
  1. The  Community Council shall approve the  financial regulations governing the operations of the Secretariat.
  1. The Secretary-General shall establish Staff Rules for the operation of the Secretariat.

Article 22: Associate Institutions of the Community

The following entities with which the Community enjoys important functional relationships which contribute to the achievement of the objectives of the Community shall be recognised as Associate Institutions of the Community:

  • Caribbean Development Bank (CDB);
  • University of Guyana (UG);
  • University of the West Indies (UWI);
  • Caribbean Law Institute / Caribbean Law Institute Centre (CLI/CLIC);
  • the Secretariat of the Organisation of Eastern Caribbean States;

and such other entities as may be designated by the Conference.

Article 21: Institutions of the Community

The following entities established by or under the auspices of the Community shall be recognised as Institutions of the Community:

  • Caribbean Disaster Emergency Response Agency (CDERA);
  • Caribbean Meteorological Institute (CMI);
  • Caribbean Meteorological Organisation (CMO);
  • Caribbean Environmental Health Institute (CEHI);
  •  Caribbean Agricultural Research and Development Institute (CARDI);
  • Caribbean Regional Centre for the Education and Training of Animal Health and Veterinary Public Health Assistants (REPAHA);
  • Assembly of Caribbean Community Parliamentarians (ACCP);
  • Caribbean Centre For Developmental Administration (CARICAD);
  • Caribbean Food and Nutrition Institute (CFNI), and such other entities as may be designated by the Conference.

Article 20: Co-operation by Community Organs

  1. Community  Organs  shall  co-operate  with  each  other  for  the  achievement of Community objectives
  1. The Bureau and the Community Council may initiate proposals for development by the Ministerial Councils within their respective areas of competence.
  1. Where a Community Organ proposes to develop a proposal which is likely to impact importantly on activities within the sphere of competence of another Community Organ, the first- mentioned Community Organ shall transmit such proposal to other interested Community Organs for their consideration and reaction before reaching a final decision on the proposal.
  1. Proposals approved by the Ministerial Councils shall be transmitted to the Community Council for prioritisation and resource allocation for their implementation.
  1. Proposals approved by the Ministerial Councils and transmitted to the Community Council for prioritisation and resource allocation for implementation may be returned by the Community Council to the originating Organ for modification.  The Community Council may modify the proposal to the extent and in the manner agreed with the originating Organ.

Article 19: Composition and Functions of Bodies of the Community

  1. The Legal Affairs Committee shall consist of the Ministers responsible for Legal Affairs or Attorneys-General of the Member States, or both, and shall be responsible for providing the Organs and Bodies, either on request or on its own initiative, with advice on treaties, international legal issues, the harmonisation of laws of the Community and other legal matters.
  1. The Budget Committee shall consist of senior officials of the Member States who shall perform their functions in a professional capacity .   It shall examine the draft budget and work programme of the Community prepared by the Secretariat and submit recommendations to the Community Council.
  1. The Committee of Central Bank Governors shall consist of the Governors or Heads of the Central Banks of the Member States or their nominees.   The Committee shall make recommendations to COFAP on matters relating to monetary co-operation, payments arrangements, free movement of capital, integration of capital markets, monetary union and any other related matters referred to it by the Organs of the Community.
  1. 4. The procedures of Bodies shall be regulated, mutatis mutandis, by the relevant provisions of Articles 27 and

Article 18: Bodies of the Community

  1. There are hereby established as Bodies of the Community: (a) the Legal Affairs Committee; and

(b)        the Budget Committee.

  1. The Council of Central Bank Governors shall be redesignated the “Committee of

Central Bank Governors” and recognised as a Body of the Community.

  1. The Organs of the Community may establish, as they deem necessary, other Bodies of the Community.

Article 17: The Council for Human and Social Development

  1. The Council for Human and Social Development shall consist of Ministers designated by the Member States. Each Member State shall be entitled to designate alternates to represent it on COHSOD.
  1. Subject to the provisions of Article 12, COHSOD shall be responsible for the promotion of human and social development in the Community. In particular, COHSOD shall:

(a)        promote  the  improvement  of  health,  including  the  development and organisation of efficient and affordable health services in the Community;

(b)        promote the development of education through the efficient organisation of educational and training facilities in the Community, including elementary and advanced vocational training and technical facilities;

(c)        promote and develop co-ordinated policies and programmes to improve the living and working conditions of workers and take appropriate measures to facilitate the  organisation and  development of  harmonious labour and industrial relations in the Community;

(d)        establish policies and programmes to promote the development of youth and women in the Community with a view to encouraging and enhancing their participation in social, cultural, political and economic activities;

(e)        promote and establish programmes for the development of culture and sports in the Community;

(f)         promote the development of special focus programmes supportive of the establishment and maintenance of a healthy human environment in the Community, and

(g)        undertake any additional functions remitted to it by the Conference, arising under this Treaty.

 

  1. Without prejudice to the requirements of any other provision of this Treaty, COHSOD shall promote co-operation among the Member States in the areas set out in the schedule hereto in furtherance of the objectives set out in Article 5.

Article 16: The Council for Foreign and Community Relations

  1. The  Council  for  Foreign  and  Community  Relations  shall  consist  of Ministers Responsible for the Foreign Affairs of Member States.  Each Member State shall be entitled to designate an alternate to represent it on COFCOR.
  1. Subject to the provisions of Article 12, COFCOR shall be responsible for determining relations between the Community and international organisations and Third States.
  1. Without prejudice to the generality of paragraph 2, COFCOR shall:

(a)        promote the development of friendly and mutually beneficial relations among the Member States;

(b)        establish measures to co-ordinate the foreign policies of the Member States of the Community, including proposals for joint representation, and seek to ensure, as far as practicable, the adoption of Community positions on major hemispheric and international issues;

(c)        co-ordinate the  positions  of  the  Member  States  in  inter-governmental organisations in whose activities such States participate;

(d)        collaborate with COTED in promoting and developing co-ordinated policies for  the  enhancement of  external economic and  trade relations of  the Community;

(e)        co-ordinate, in close consultation with the Member States, Community policy on international issues with the policies of States in the wider Caribbean Region in order to arrive at common positions in relation to Third States, groups of States and relevant inter-governmental organisations, and

(f)         undertake any additional functions remitted to it by the Conference, arising under this Treaty.

 

  1. Only Member States possessing the necessary competence with respect to the matters under consideration from time to time may take part in the deliberations of COFCOR.

Article 15: The Council for Trade and Economic Development

  1. The  Council for  Trade and  Economic Development shall  consist of  Ministers designated by the Member States.  Each Member State shall be entitled to designate alternates to represent it on COTED.
  1. Subject to the provisions of Article 12, COTED shall be responsible for the promotion of trade and economic development of the Community. In particular, COTED shall:

(a)        promote the development and oversee the operation of the CSME;

(b)        evaluate, promote and establish measures to enhance production, quality control and marketing of industrial and agricultural commodities so as to ensure their international competitiveness;

(c)        establish and promote measures to accelerate structural diversification of industrial and  agricultural production on  a  sustainable and  regionally- integrated basis;

(d)        determine and promote measures for the accelerated development and marketing of services;

(e)        promote and develop policies and programmes to facilitate the transportation of people and goods;

(f)         promote measures for the development of energy and natural resources on

a sustainable basis;

(g)        establish and promote measures for the accelerated development of science and technology;

(h)        promote and develop policies for the protection of and preservation of the environment and for sustainable development;

(i)         promote and develop, in collaboration with the Council for Foreign and Community Relations, co-ordinated policies for the enhancement of external economic and trade relations of the Community, and

(j)         undertake any additional functions remitted to it by the Conference, arising under this Treaty.

Article 13: The Community Council of Ministers

  1. The Community Council shall consist of Ministers responsible for Community Affairs and any other Minister designated by the Member States in their absolute discretion.
  1. The Community Council shall, in accordance with the policy directions established by the Conference, have primary responsibility for the development of Community strategic planning and co-ordination in the areas of economic integration, functional co-operation and external relations.

Article 12: Functions and Powers of the Conference

  1. The Conference shall be the supreme Organ of the Community.
  1. The Conference shall determine and provide policy direction for the Community.
  1. Save as otherwise provided in this Treaty, the Conference shall be the final authority for the conclusion of treaties on behalf of the Community and for entering into relationships between the Community and international organisations and States.
  1. The Conference may take decisions for the purpose of establishing the financial arrangements necessary to defray the expenses of the Community and shall be the final authority on questions arising in relation to the financial affairs of the Community.
  1. Subject to the relevant provisions of this Treaty, the Conference shall exercise such powers as may be conferred on it by or under any instrument elaborated by or under the auspices of the Community.
  1. The Conference may establish such Organs or Bodies as it considers necessary for the achievement of the objectives of the Community.
  1. The Conference may issue policy directives of a general or special character to other Organs and Bodies of the Community concerning the policies to be pursued for the achievement of the objectives of the Community and effect shall be given to such directives.
  1. Notwithstanding any other provision of this Treaty, the Conference may consider and resolve disputes between Member States.
  1. The Conference may consult with entities within the Caribbean Region or with other organisations and for this purpose may establish such machinery as it considers necessary.
  1. Subject to the provisions of this Chapter, the Conference shall regulate its own procedure and may decide to admit at its deliberations as observers representatives of non-Member States of the Community and other entities.
  1. The Bureau, consisting of the current Chairman and the immediately outgoing and incoming Chairmen of the Conference, shall perform the following functions:

(a)        initiating proposals for development and approval by the Ministerial Councils as it considers necessary;

(b)        updating the consensus of the Member States on issues falling to be determined by the Conference;

(c)        facilitating implementation of Community decisions, both at the regional and local levels, in an expeditious and informed manner;

(d)        providing guidance to the Secretariat on policy issues.

Article 10: Organs of the Community

  1. The principal Organs of the Community are:

(a)        the Conference of Heads of Government; and

(b)        the Community Council of Ministers which shall be the second highest organ.

 

  1. In the performance of their functions, the principal Organs shall be assisted by the following Organs:

(a)        the Council for Finance and Planning;

(b)        the Council for Trade and Economic Development;

(c)        the Council for Foreign and Community Relations, and

(d)        the Council for Human and Social Development.

Article 9: General Undertaking on Implementation

Member States shall take all appropriate measures, whether general or particular, to ensure the carrying out of obligations arising out of this Treaty or resulting from decisions taken by the Organs and Bodies of the Community. They shall facilitate the achievement of the objectives of the Community.  They shall abstain from any measures which could jeopardise the attainment of the objectives of this Treaty.

Article 6: Objectives of the Community

The Community shall have the following objectives: (a)        improved standards of living and work;

(b)        full employment of labour and other factors of production;

(c)        accelerated,  co-ordinated  and  sustained  economic  development  and convergence;

(d)        expansion of trade and economic relations with third States; (e)        enhanced levels of international competitiveness;

(f)         organisation for increased production and productivity;

(g)        the  achievement  of  a  greater  measure  of  economic  leverage  and effectiveness of Member States in dealing with third States, groups of States and entities of any description;

(h)        enhanced co-ordination of Member States’ foreign and [foreign] economic policies; and

(i)         enhanced functional co-operation, including –

(i)         more efficient operation of common services and activities for the benefit of its peoples;

(ii)        accelerated promotion of greater understanding among its peoples and the advancement of their social, cultural and technological development;

(iii)        intensified   activities   in   areas   such   as   health,   education, transportation, telecommunications.

Article 3: Membership

    Members of the Community consist of:
    (a)        Antigua and Barbuda

    (b)        The Bahamas

    (c)        Barbados

    (d)        Belize

    (e)        Dominica

    (f)        Grenada

    (g)        Guyana

    (h)        Jamaica

    (i)         Montserrat

    (j)         St. Kitts and Nevis

    (k)        Saint Lucia

    (l)        St. Vincent and the Grenadines

    (m)       Suriname

    (n)        Trinidad and Tobago.

     

    1.   Membership of the Community shall be open to any other State or Territory of the Caribbean Region that is, in the opinion of the Conference, able and willing to exercise the rights and assume the obligations of membership.