The Parties to the Treaty Establishing the Caribbean Community (hereinafter referred to
as "the Member States");
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Recognising the importance of agriculture, including crops, livestock, fisheries
and forestry for regional food and nutrition security and the economic and social
development of the peoples of the Community;
Conscious that globalisation and liberalisation have important implications for
the international competitiveness of the agricultural sector;
Convinced of the need to improve agricultural production and productivity, and
strengthen the linkages between the agricultural sector and other sectors of the Single
Market and Economy;
Aware that differences in resource endowment and in the levels of economic
development of the Member States may affect the implementation of the Community
Agricultural Policy;
Determined to effect a fundamental transformation of the agricultural sector of
the Community by diversifying agricultural production, intensifying agro-industrial
development, expanding agri-business, and generally conducting agricultural production on
a market-oriented, internationally competitive and environmentally sound basis;
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Have agreed as follows:
ARTICLE I - Use of Terms
1. In this Protocol unless the context otherwise requires:
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"Community" includes the Caribbean Single Market and Economy to be
established by the Protocols amending or replacing the Caribbean Common Market Annex to
the Treaty, as amended by Protocol I;
"the Council for Foreign and Community Relations" means the organ of
the Community so named in Article 6(2)(b) of the Treaty, as amended by Protocol I;
"the Council for Trade and Economic Development" means the organ of
the Community so named in Article 6(2)(a) of the Treaty, as amended by Protocol I;
"Member States" means Member States of the Community;
"Treaty" means the Treaty establishing the Caribbean Community signed
at Chaguaramas on the 4th day of July 1973 and includes any amendments thereto which take
effect either provisionally or definitively (herein referred to as "the
Treaty");
"WTO Agreement" means the Agreement establishing the World Trade
Organisation done at Marrakesh on the 15th day of April 1994 establishing the World Trade
Organisation.
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2. In this Protocol a reference to Protocol I is a reference to the Protocol amending
the Treaty and signed at Antigua and Barbuda on 19 February, 1997.
ARTICLE II - Amendment
The provisions of this Protocol shall replace Articles 48 and 49 of the Caribbean
Common Market Annex to the Treaty and take effect as hereinafter provided.
ARTICLE III - Replace Article 48 with the following:
"Article 48
The Community Agricultural Policy
1. The goal of the Community Agricultural Policy shall be:
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(a) the fundamental transformation of the agricultural sector towards market-oriented,
internationally-competitive and environmentally-sound production of agricultural products;
(b) improved income and employment opportunities, food and nutrition security, and
poverty alleviation in the Community;
(c) the efficient cultivation and production of traditional and non-traditional primary
agricultural products;
(d) increased production and diversification of processed agricultural products;
(e) an enlarged share of world markets for primary and processed agricultural products;
and
(f) the efficient management and sustainable exploitation of the Region's natural
resources including its forests and the living resources of the exclusive economic zone,
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bearing in mind the differences in resource endowment and economic development of
Member States."
ARTICLE IV - Insert new Article to read as follows:
"Article 48a
Implementation of the Community Agricultural Policy
1. For the achievement of the goal set out in Article 1, the Community
shall, through competent Community organs and bodies, promote and support:
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(a) the production, diversification, processing and marketing of
agricultural products;
(b) the establishment of effective agricultural financing systems,
including insurance, bearing in mind the special needs of artisanal fishers, small
farmers, foresters and agro-processors;
(c) the establishment of linkages among Member States with complementary
natural resources, industries, agricultural skills and technical abilities;
(d) the development of human resources and delivery systems responsive to
the requirements of the agricultural sector;
(e) the development of appropriate policies for the use of land and marine
space with a view to increased agricultural production;
(f) appropriate land tenure systems to provide the farmer with security of
tenure;
(g) the establishment of effective information and market intelligence
services;
(h) research and development with a view to the adaptation, dissemination
and application of appropriate technologies at all levels of the sector and all stages of
production;
(i) the adoption of effective measures for rural enterprise development;
(j) public education to enhance the economic and social profiles of
agriculture, particularly among the youth;
(k) the establishment of an effective regime of sanitary and phytosanitary
measures;
(l) the establishment of a policy environment designed to attract
investment to the agricultural sector; and
(m) technical cooperation and the dissemination of knowledge in
agriculture.
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2. For the purpose of assisting Member States to implement the
agricultural policy set out in paragraph 1, the Council for Trade and Economic Development
(COTED) shall establish effective support measures including:
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(a) strengthening the relevant administrative and institutional framework
to modernise and enhance the competitiveness of agriculture by:
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(i) improving the capability of Member States to undertake policy
analysis, formulation, planning, execution and resource mobilisation for the development
of the sector;
(ii) investigating and analysing developments in the agri-food sector; and
(iii) improvement of the collection, analysis and dissemination of
empirical data and other relevant information;
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(b) upgrading of national and regional capabilities in the areas of
sustainable natural resources management;
(c) enhancement of the capabilities of Member States in the areas of
agricultural trade analysis and negotiations; and
(d) promotion of a mechanism for the collaboration of farmers, fishers,
foresters and the social partners in agricultural development.
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3. The Community shall:
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(a) promote collaboration among Member States and competent regional
organisations in the areas of policy formulation and implementation of regional
agricultural policies; and
(b) establish an effective regime to protect regional agricultural
production from dumping, subsidisation and other unfair trading practices.
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4. The Community shall, as a matter of priority, and in collaboration with
national, regional and international agencies and organisations, promote and adopt
measures relating, inter alia, to:
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(a) the provision of appropriate inputs; and
(b) the development of infrastructure, such as port facilities, drainage,
irrigation, access roads, post-harvest handling and marketing facilities."
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ARTICLE V - Insert new Article to read as follows:
"Article 48b Natural Resource Management
1. The Community shall adopt effective measures to assist Member States in
the management of their natural resources in support of the transformation and sustainable
development of the agricultural sector.
2. Without prejudice to the generality of the foregoing and to obligations
of Member States under existing international agreements, the Community shall adopt
measures for:
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(a) the effective management of the soil, air and all water resources, the
exclusive economic zone and all other maritime areas under national jurisdiction of Member
States; and
(b) the conservation of biological diversity and the sustainable use of
biological resources of Member States, especially those of important medicinal and
traditional value."
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ARTICLE VI - Insert new Article to read as follows:
"Article 48c
Human Resource Development
1. The Community shall, on a continuing basis, adopt effective measures
for the development of human resources to satisfy the requirements for cadres of skilled
agricultural personnel at all levels in Member States.
For the purposes of paragraph 1, provision shall be made to:
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(a) monitor and evaluate, on an on-going basis, the demand for, and
appropriateness of agricultural education and training;
(b) establish training programmes in the agricultural sector;
(c) develop effective delivery of in-field training for farmers, foresters
and fishers; and
(d) improve the facilities and strengthen the capabilities of regional
training institutions and national administrations in support of agricultural development.
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3. In performing the functions referred to in paragraph 2 of this Article,
the Community shall collaborate with education and training institutions and relevant
regional and international organisations in developing harmonised agricultural syllabuses,
training materials and case studies in key areas of farming, fisheries and forestry
utilising distance education technology where appropriate."
ARTICLE VII - Insert new Article to read as follows:
"Article 48d
Research, Development and Use of Technology
1. The Community shall promote and encourage research and development, and
the adaptation, diffusion and transfer of appropriate technologies in order to achieve
increased production and productivity.
2. The Community shall, in collaboration with competent public and private
sector research and development institutions, encourage and assist Member States:
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(a) to facilitate access to and use of new and appropriate technologies in
the agricultural sector;
(b) to develop:
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(i) efficient systems for the generation and transfer of appropriate
technologies; and
(ii) technological and institutional capabilities in the public and
private sectors, compatible with competitive and sustainable agricultural production.
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3. In the pursuit of its functions under this Article, the Community shall
encourage the private sector to play a vital role in:
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(a) the development, adaptation and transfer of appropriate technologies
in the agricultural sector; and
(b) the development of producer associations as a basis for autonomous
action and intra-regional transfer of technologies and research findings.
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4. The Community shall co-operate with Member States and competent
organisations to devise means of protecting, developing and commercialising local
knowledge about the value and use of the Region's biodiversity for the benefit of their
populations, especially their indigenous peoples."
ARTICLE VIII - Replace Article 49 with the following:
"Article 49
Marketing of Agricultural Products
1. The Community shall, in collaboration with competent national, regional
and international organisations, promote the development of effective agricultural
marketing systems in order to respond to, influence and generate market demand for
agricultural products of Member States.
2. In effecting the promotion referred to in paragraph 1, the Community
shall pay particular attention to:
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(a) market information, intelligence and planning;
(b) improved post-harvest technology;
(c) risk insurance; and
(d) efficient distribution services.
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3. In order to accomplish the objectives referred to in paragraph 1 of
this Article, the Community shall adopt measures to promote:
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(a) the establishment of a regional market information system;
(b) the improvement of production and market information systems of Member
States in order to facilitate, inter alia, the efficient co-ordination of marketing
strategies and systems;
(c) institutional arrangements including producer associations and joint
venture marketing enterprises in order to respond to existing and changing market
conditions;
(d) niche marketing;
(e) linkages between agriculture and other sectors;
(f) the identification and utilisation of sources of low cost alternative
inputs;
(g) the establishment and adoption of regional standards and
specifications compatible with international standards for products being traded;
(h) enhanced productivity and food quality;
(i) insurance coverage for primary agricultural products; and
(j) the development of efficient distribution services to facilitate
intra- and extra-regional marketing.
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4. In pursuance of the need to generate market demand for agricultural
products of Member States and to promote the agricultural development of the Less
Developed Countries, Member States shall agree to the arrangements for marketing oils and
fats set out in Schedule III of the Protocol amending the Treaty to provide for a Trade
Policy."
ARTICLE IX - Insert new Article to read as follows:
"Article 49a
Fisheries Management and Development
1. The Community, in collaboration with national, regional and
international agencies and organisations, shall promote the development, management and
conservation of the fisheries resources in and among Member States on a sustainable basis.
2. The Community shall effect the promotion and facilitation referred to
in paragraph 1 by:
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(a) enhancing the institutional capabilities of Member States in areas
such as policy formulation, registration and management systems, resource monitoring and
assessment, and harvesting and post-harvesting technologies;
(b) establishing mechanisms to provide assistance in:
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(i) the development, management and conservation of the fisheries
resources;
(ii) the discharge of obligations relating to fisheries resources arising
under Articles 62, 63 and 64 of the United Nations Convention on the Law of the Sea
(1982).
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(c) effective regional representation at international fora;
(d) establishing development programmes for aquaculture;
(e) encouraging the establishment of protected aquatic habitats and
associated terrestrial areas and fish populations for the sustainable development of
fisheries resources of Member States; and
(f) establishing, facilitating and strengthening research and human
resource development at the professional, technical and vocational levels.
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3. The Community shall collaborate with Member States in:
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(a) the management of straddling and highly migratory fish stocks;
(b) ongoing surveillance of exclusive economic zones of Member States;
(c) the delimitation of maritime boundaries; and
(d) safeguarding the marine environment of Member States from pollutants
and hazardous wastes.
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4. Without prejudice to the provisions of Article 3 of this Protocol, the
Council for Foreign and Community Relations (COFCOR) shall promote the establishment of a
regime for the effective management, conservation and utilisation of the living resources
of the exclusive economic zones of Member States.
5.
For the purpose of this Article, "fisheries resources"
includes all the fishable resources, natural and cultured, in the inland and internal
waters, territorial seas and the exclusive economic zones of Member States."
ARTICLE X - Insert new Article to read as follows:
"Article 49b
Forestry Management and Development
1. The Community shall, in collaboration with national, regional and
international agencies and organisations, promote the development, management and
conservation of the forest resources in Member States on a sustainable basis.
2. The Community shall effect the promotion and facilitation referred to
in paragraph 1 by formulating policies and programmes for:
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(a) the management of its forest resources;
(b) the integration of forestry development in rural communities;
(c) enhancing the institutional capabilities of Member States to design
and implement forest management systems;
(d) establishing, facilitating and strengthening programmes for research
and for human resource development at the professional, technical and vocational levels;
(e) encouraging public and private sector participation in the development
and application of technology;
(f) providing incentives for forestry development to stimulate domestic,
regional and foreign investment in the forestry sub-sector;
(g) harmonising standards for quality assurance, compatible with
international specifications;
(h) promoting commercialisation of natural forest products in a
sustainable manner; and
(i) undertaking national forest inventories.
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3. For the purposes of this Article, "forestry resources" are
those natural assets of forest lands, including timber and other forest products,
biological diversity, recreation, fish and wildlife habitat, wilderness, flora and fauna,
air, water and soil."
ARTICLE XI - Insert new Article to read as follows:
"Article 49c
Saving
The provisions of this Protocol are without prejudice to obligations of
Member States under existing international agreements."
ARTICLE XII -
Signature
This Protocol shall be open for signature by the Member States on the
thirtieth day of June, 1998.
ARTICLE XIII -
Ratification
This Protocol shall be subject to ratification by signatory States in
accordance with their respective constitutional procedures. Instruments of ratification
shall be deposited with the Secretariat which shall transmit certified copies to the
Government of each Member State.
ARTICLE XIV -
Accession
Any Member State other than a signatory State may accede to this Protocol.
An Instrument of Accession shall take effect on the date on which the Instrument is
deposited with the Secretariat of the Community.
ARTICLE XV -
Entry Into Force
This Protocol shall enter into force one month after the date on which the
last instrument of ratification is deposited with the Secretariat.
ARTICLE XVI -
Provisional Application
1. A Member State may, upon the signing of this Protocol or at any later date before it
enters into force, declare its intention to apply it provisionally.
2. Upon such declaration by all Member States, the provisions of this Protocol shall be
applied provisionally pending its entry into force in accordance with Article XIV.
IN WITNESS WHEREOF the undersigned duly authorised in that behalf by their
respective Governments have executed this Protocol.
DONE at _Castries, Saint Lucia on the thirtieth day of June 1998.
Signed by Lester Bird
for the Government of Antigua and Barbuda on the30th day of June 1998 at Castries, Saint
Lucia
Signed by Owen Arthur
for the Government of Barbados on the 30th day of June 1998 at Castries, Saint Lucia
Signed by
for the Government of Belize on the day of
1998 at
Signed by Edison James
for the Government of the Commonwealth of Dominica on the 30th day of June 1998 at
Castries, Saint Lucia
Signed by Keith Mitchell
for the Government of Grenada on the 30th day of June 1998 at Castries, Saint Lucia
Signed by Janet Jagan
for the Government of the Co-operative Republic of Guyana on the 30th day of June 1998 at
Castries, Saint Lucia
Signed by Percival J. Patterson
for the Government of Jamaica on the 30th day of June 1998 at Castries, Saint Lucia
Signed by
for the Government of Montserrat on the day of
1998 at
Signed by Denzil Douglas
for the Government of St. Kitts and Nevis on the 30th day of June 1998 at Castries, Saint
Lucia
Signed by Kenny D. Anthony
for the Government of Saint Lucia on the 30th day of June 1998 at Castries, Saint Lucia
Signed by James Mitchell
for the Government of St. Vincent and the Grenadines on the 30th day of June 1998 at
Castries, Saint Lucia
Signed by
for the Government of The Republic of Suriname on the
day of 1998 at
Signed by Basdeo Panday
for the Government of The Republic of Trinidad and Tobago on the 30th day of June 1998 at
Castries, Saint Lucia
DECLARATION
The representatives of the under-mentioned Governments hereby declare their intention
to apply provisionally the provisions of Protocol V:
Signed by Lester Bird
for the Government of Antigua and Barbuda on the30th day of June 1998 at Castries, Saint
Lucia
Signed by Owen Arthur
for the Government of Barbados on the 30th day of June 1998 at Castries, Saint Lucia
Signed by
for the Government of Belize on the day of
1998 at
Signed by Edison James
for the Government of the Commonwealth of Dominica on the 30th day of June 1998 at
Castries, Saint Lucia
Signed by Keith Mitchell
for the Government of Grenada on the 30th day of June 1998 at Castries, Saint Lucia
Signed by Janet Jagan
for the Government of the Co-operative Republic of Guyana on the 30th day of June 1998 at
Castries, Saint Lucia
Signed by
for the Government of Jamaica on the day of
1998 at
Signed by
for the Government of Montserrat on the day of
1998 at
Signed by Denzil Douglas
for the Government of St. Kitts and Nevis on the 30th day of June 1998 at Castries, Saint
Lucia
Signed by Kenny D. Anthony
for the Government of Saint Lucia on the 30th day of June 1998 at Castries, Saint Lucia
Signed by James Mitchell
for the Government of St. Vincent and the Grenadines on the 30th day of June 1998 at
Castries, Saint Lucia
Signed by
for the Government of The Republic of Suriname on the
day of 1998 at
Signed by Basdeo Panday
for the Government of The Republic of Trinidad and Tobago on the 30th day of June 1998 at
Castries, Saint Lucia
*****
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