No.4
[L.
or 1970
The East ClJI'ibbean Common MtJrket
(Ratifioa.tion
of Agreement) Ordinance,
1970.
MONTSERRAT
8. J
I ASSENT,
D. R.
GIBBS,
Administrator,
lOth August,
1970.
MONTSERRAT
NO.4
AN ORDINANCE
~
EAST
OF 1970.
TO GIVE LEGAL
CARIBBEAN
EFFECT
CoMMON
[2nd
TO THE PROVISIONS
MARKET
April,
OF THE
AGREEMENT .
1969 J
IT ENACTED by the. Queen's Most Excellent
by and with the advice and consent of the Legisof Montserrat, and by the authority of the
follows:Ordinance may be cited as the East
-Market
(Ratification
of Agreement)
CaribOrdi-
Ordinance shall be deemed to have come into
the 2nd day of April, 1969.
Ordinance
-
Agreement establishing
.hereby
ratified.
of
law
as
Articie
if
Commencement.
Interpretation.
means the Agreement
to this Ordinance.
of
S.olt Tlt1..
1 of
enacted
the
the
in
set out in
East
Caribbean
Agreement
this
shall
Ordinance.
D.- R. GIBBS
Pre8id~nt.
Council
D.
this
17th day or July.
H. BRAMBLE
Clerk
of the
Council.
RatlficatJon.
Agreement to
have rorce
or law.
MONTSERRAT
The East Caribbean
Common Market
(Ratification
of Agreement) Ordinance,
1970.
2
No.
SCHEDULE
AGREEMENT
ESTABLISHING
THE
EAST
CARIBBEAN
COMMON
THE GOVERNMENTS OF THE SIGN~TORY STATES
DETER.4fINED
to establish
the foundation
of the East Caribbean;
of a closer
union among the
RESOL VED to ensure by common action economic and social development
their countries by eliminating the barriers which divide them;
AFFIRMING as the prerequisite to their efforts the continuing .
the living
standards and working conditions
of their people;
RECOGNIZING the need for concerted action in order to guarantee steady
pansion, balanced trade, fair competition and equitable distribution of
CONVINCED that the establishment
or a Common Market among the !'
-,
States of the West Indies and the participation of such States in the
bean Free Trade Association wi II contribute to the rapid growth of
States and to the ultimate creation of a viable economic community,
Caribbean countries;
HAVE
AGREED
88
follows
'-
ARTICLE
1
COMMON MARKET
1. A Common Market to be called the East Caribbean Common
(hereinafter referred to as "the Common Market") is hereby established.
2. The Members of the Common Market (Hereinafter referred to as
States") shall be the Associated States on behalf of the Governments of
this Agreement is ratified in accordance with Article 24 and such other
as participate therein by virtue of Article 25.
3. For the purposes hereof "A.ssocia.-ted States" means those territories which have assumed
which maintain a status of association with the United Kingdom
accordance with the West Indies 1967, and includes the territories
Saint Vincent and Montserrat;
"State"
(if
meanB any of the ABBOciated StateB and it.B ' .
any).
4. The Common Market shall operate over the territorial juriBdictionB
the Member States (wbicb juri~ictionB
are hereiDBfter collectively referred to
"t.be Market Area").
No.4
of
The Ea8t
1970
(RatificDtion
ClJribbean
Common Market
of Agreement)
Ordinance,
ARTICLE
3 MONTSERRAT.
1970.
2
OBJECTIVES
The
objectives
(a) to
of
the
.
m
promote
Member
(i) harmonious
(ii)
fair
(iv)
increased
distribution
(vi) closer
(b) to facilitate
progressive
States
economic
shall
be
-
-
of economic
expansion
of benefits
economic
(v) accelerated
,r
.c'1-~
Market
development
continuous
(iii)
Common
activities;
;
derived
from the Common
Market;
stab i lity;
improvement
in
the
standf1rd
or
living;
economic relalions;
the maximum
approximatin~
inter-chan~c
of ~rJOd/.; !lnd services
by the
Qf the et.onQmic policies of Member States.
~~r/!i;;';
ARTICLE
~1;r
~
PRINCIPLF:.C;;
ac!tieve the objectives set out in !\rticl~ 2. the activities or the Member
.--include
under the conditions and timing s~t out in tNs Agreement the elimination, as between Memb(Jr .~tliteH. of customs duties and of
quantitative restrictions on the importl\ti(Jn and exportation or goods,
as wf;ll as or all other measures with crluivalent effect;
subject to Article, 22, t~e establishmcnt of common customs tariffs
and common commercial policies towards countries and territories,
--' parties to this Agreement;
abolition, as between Member States, of the obstacles to the free
._-~-, of persons, services and capital;
progressive
harmonization
of investmcnt
and development
POli.including
industrial
development,
treatment
of non-resident
._-~ establishments
and development
planning;
co-ordination
of
currency
progressive
harmonization
" ..in
order to promote
Melr.ber
!ll1d finlmcihl
of tax3tion
the equitable
policies;
policies
distribution
and incentjve
of industries
States;
approach to infra-structural development especif\lly
of transport and communicf\tioll ;
~~j
policy
to agricultural
develo:)mcnt.
in
MONTSMRRAT
The East
4
Caroibb.on
(Ratification
Common Market
of .4greement)
ARTICLJ.~
STRL'CTUilf:
The
Common
(a)
a
MA.rk(,t
Councilor
No.4
1970.
4
COMMON MARKE'r
h"v(!
MiniRtcrs~
(b) a Secr£'tariat;
(c) such "thcr
HiI,t\1
or
Ordinance,
Imd
org!\ni~ntion8
:\~ thc.(~ollllcil
All'rICLE
ThfPOHT
or Ministers
may Bet up.
5
DUTIES
I. Mcmber Slates shall not apply any import duties on goods which
eligible for Market Area Tariff Treatmcnt in accordance with Article 6.
2. For the purposes of this r\rticle
the tenn "import
or surtax of customs and an:, other chnr~cs of equivalent
monetary or
I1nder Article
duties"
means any
effect -whether'
-
exchange -which
'lr(' levied on imports .exccpt
dutie:,l
8 and other ch:lr~es which fall \vithin that :\rticle.
-
3. The .provisions
or thi~ Art iclc do not apply to feeR nnd simi lar ,
in respect or ~rviccB
rendcrod nnd I)othing in paragrnph ~ (If this Article
be construed
Lo exclude from Lhc :I.pplication
or paragrl1l'h I of Lhis ,\rLicle
.ax or surtwc of cusl.0mli on any produc;t neither the lik~ of \¥hil:h, nor tive substitute
ror which. is prodllccd
in the importillg
~tember Stntu, or tl..'
tend such application
to non-discriminatl)ry
internal char~es on any such
4. For
the
purposes
or par~ral)h
(a) "non-discriminatory"
eligible
for Market
so eligible;
:i or
this
,\rticle
-
meanR non-discriminatory
as between
r
Area tariff
trcatmcnL a.~ aforeRI\id and goodR
(b) a charge shall not be deemed other than internal by rel\ROn only t.hal
it is colle~W at the time and place of importaLion.
ARTICLE
MARKET
AREA
ORIGIN
6
FOR T ARIFFPURPOSES
I. For t.he purposes of Article 5 goods shall. subject to Annex A, be accepted as eligible Cor MBl'ket Area tBl'ifC treatment if they Bl'e consigned from a
Member State to a consignee in the importing Member State and if they are of
Market Area QJigin ~
~
one of the following conditione:-
No.4
of
1970
Th8 Ea8t
(Ratification
C.ribbe4n
Common Market
of Agreement) Ordinance,
1970.
5
MONTSERRAT
(a) that they have been wholly produced within the Market Area;
(b) that they fall within
to be established by
been produced within
process described in
a description of goods listed in a Process List
decision of the Council of Minister.<; and have
the Market Area by the appropriate qualifying
such List;
(c) that they have been produced within the Market Area and that the
value of any materials imported from outside the Market. Area or of
undetermined origin which have been used at any st.agu of the production of such goods does not exceed 50 per centum of the export price
of such goods.
2. For the Hurposes
of sub-paragraphs
(a), (b) ',nd (c) of parl\~rl\ph
1 of this
Article,
materials listed on the Basic Materials Li~t whi(.;h forms th(~ Rchedule to
Annex A, which have been used in the state describ(~u in ~u(,h Li~t in u proc(~:.;s
of production within
potted from outside
the Market Area ,,;hI111bu df.:cmU(j t() (;oJItnin no cl{~munt im
the Market Area.
3. Nothing in this. Agreement
i~",j;ligible
for Market Area tariff
,, "
Member State:
that
the
Provisions
are
shall prevent 11 ~1..'mhcr .C.;tfltu from 1'ccf'pting
treatment
any importR (;(.>n~i~n(!(j from 1'nother
the like imports
same treatment.
consigned
from f\ny other
necessary
for the ,\dministration
contained
in Annex A.
~femh(,r State
I\nrl effective
application
are
of
Council of Ministers
shall from time to time d~cide to amend thc
of this Article,
Annex A and the Proce:0;".; List establi,c;;hed under
(b) of p8l'agraph 1 of this Article.
Council of Miflisters
c can be amended
to M8l'ket
Area
shall from time to time l'xamine in WhRt respect
in order to ensure th(~ .~mooth operation of thf'
origin
for t8l'iff
purpo~():0;.
f:,- in thi.s Agreement shall require a \lember State to accept as
~larket ,\r~a tariff treatment any imports consi~ned from another Mem-consi.stin15 of, or manufactured fNJm, oils and fats as definedby
~he Oils and Fats ,\greement, or any of such oils or fats where such
is a party to the oils and Fats i\greement, and such other Member
'8. party to that f\greement, being the Agreement made on the 26th
, between the Governments of Barbados, Dominica, Grenada,
8t. Vincent and Trinidad and Tobago o r any /\greement
replacing the same.
ARTICLE
TIlE
COMMON
7
CUSTOMS
T ,\RIFt-'
MONTSERRAT
6
The Ellst
(Ratification
Caribbean
Common M~rket
of Agreement) Ordinance,
1970.
ARTICLE
No.4
7
THE COMMON CUSTOMS TARIFF
Member States agree to work progressively towards the c
common customs tariff on goods originating in non-member territories
rrics.
For this ,purpose Member States shall amend their tariffs applicable
nonmcmber territories and countries to bring them to a mutually agreed
such time not excecding three years as the Council of Ministers may , by I
vote,
dccide.
ARTICLE
REVENUE
1. Member
Stat.es
DUTIES
shaU
not
8
AND INTERNAL
TAXA TION
-
(a) I\pply dirL'ctly or indirectly to imported goods any fiscal charges
exce:;t~ of (.host' applied directly or indire c tly to like domestic
nor I)thl~rwise apply such charges so as to sfford effective
to like domestic goods; or
(b) apply fiscal ch!U'gcs to imported goods of a kind which they.
produce, or which they do not produc.'e in substantial quantities,
such a v...ay as to afford effective protl~ction to the domestic
t.ion of goods of a different kind which are substitutable for
imported goods, which enter into direct competition with them
which do' not. bear, directly or indirectly, in the country of ,
fiscal (.'hRrg,,"Sof equivalent incidence.
~- A Member State ::;hall notify the Council of MinIsters of all fiscal
.,:j:
;.:,
;~pplil,d by it where, ,\lthough the rates of charge, or the conditions
I.h" imposition of collection of the charge, are not identical in relation to
import,~d goods and to the like domestic goods, the Member State applying
(.har~E' ('onsiders that the ch8l'ge is, or has been, consistent with
(a) of p;"LJ'agraph1 of this Article,
Each Member State shall, at the request
m\y olh~1' Member State, supply information about the application of paragraph 1
(,f iJJiR J\rticle,
For the p.urposes of this
"fiscal
Article
-
charges" means revenue duties, internw taxes and other internal
9ha.rges on goods;
, 'revenue duties' , means customs dutieS and other similar charges applj,~d primarily for the purpose of raising revenue;
and
"impoI1.ed goods" means goods which are accepted 88 being eligible
Markt~t Aref\ I.fi.riff treatment in accordance with Article 6.
for
No.4
of
1970
The East Caribbean
Common Market
(Ratification
of Agreement) O,.dtn~ce.
1971}.
ARTICLE
7 MONTSERR.\T.
9
EXPORT DRAWBACK
Each Member State may refuse to accept 88 ~ligible for Market Area tariff
treatment ~uods which bensfit from export drawback allowed by Member States in
which the goods have undergone th~ processes of production which forms the
basis of the claim to Market Area origin. In applying this paragraph, each Member State shall accord the same treatment to imports consi~ned from all other
Member States.
For the purposes of this
Article
;.-
..export drawback" means any arrangement for the ~fund or remission,
wholly or in part, of import duties applicable to j~t>orted materials:
Provided that. the arrangement, expres~ly or in effect, allows refund or
remission if certain goods or materials are exported, but not if they are
retained for home use;
~r.,
"remission' , includes
exemption for materials brought into free ports and
other places which have similar customs privileges;
"dutiest'
means ( i) all charges on or in connection with importation,
charges to which Article 8 applies;
and
(ii) any protective element in such fiscal charges;
except fiscal
"materials"
includes products, parts and component.'3 used in the proor the goods;
or production " }ncludes the application of any operation or
, wi th the exception of any operation' or process, which consists
or one or more of the following:packing, wherever the packi~g materials may have been produced;
spl itting
up into
lots;
sorting. and grading;
marking;
putting
up
into
Beta.
ARTICLE
DUMPED
thi~
-~
~O
AND SUBSIDISED
IMPORTS
Ag;reement Bhallp~vent
any Member State from taking
subsidiBed
imports consistent
with any international
it
i~,.. subject.
MONTSERH.AT 8
The East Caribbean
Common Market
(Ratification
of Agreement) Ordinance,
1970.
No.4
of
2. Any products which have been exported from one Member State to
consiK?ee in another Member State and have not undergone any ---,---"-;
process since exportation shall, when reimported into the first, Member State,
admitted free of quantitative restrictions and measures with equivalent
They shall also be admitted free of customs duties and charges with
effect, except that any allowance by way of drawback relief from ,
wise, given by reason of the exportation from the first Member State,' may
recovered.
3. If any industry in any Member State is Buffering or is threatened
material injury 88 the result of the importation of dumped or subsidised
into another Member State, the latter Member State shall, at the
former Member State, examine the possibilityof
taking, consistent with .
international obligations to which it is subject, action to remedy the injury
prevent the threatened injury.
ARTICLE
EXCLUSION
I. The provisions
II
FROM THIS AGREEMENT
of this Agreement shall not affect the rights and (
tions under any agreements entered into by one or more Member States prior
the coming into force of this Agreement:
Provided however, that Member States shall take 8ll.J steps at their
disposal which are necessary to reconcile the provisions of any such
agreements with the basic objectives of this Agreement:
Provided further that, in case of any non-observance of any provision of
this Agreement on the part of a Member State pursuant to its exemption in
that behalf by virtue of the foregoing provisions of this Article, any
other Member State which considers that it would enjoy any benefit under
this Agreement but for such exemption only may, if no satisfactory
settlement is reached between the Member States concerned, refer the
matter to the Council of Ministers, who may, by majority vote, authorise
3.nyMember State to suspend as regards the first-mentioned Member State,
the application of such obligations under this Agreement as the Council
of Ministers considers fit, due regard being had to the report of such
committee (if any) as may have been constituted in accordance with
Article 21 to examine the matter, and paragraphs 2 and 5 of Article 20
shall apply mutatis mutandis in the case of any reference under this
proviso 88 they apply in the case of a reference under paragraph 1 of
ArtIcle 20.
2. All such agreements shall be registered in such forms and shall be
served in such manner as the Council of Ministers may, by majority vote, decide.
3. The
Council
.
of Ministers
shall
annually
review
the observance
by Mem-
9
No.4
of
1970
purpotje6o
ARTICLE
12
:jjj
MOVEMENT OF PERSONS
ARTICLE 13
DEVELOPMENT
~,
I
~;
POLICIES
MONTSERRAT.
MONTSERRAT
10
The
East
(RGtifio<Kion
Canbbean
Common
01 Agreement)
No.4
Market
Ordinance,
1970.
being given to the size of the m81'ket;
(0) the enoouragement of produotion among Member States of
whioh can be economically produced but which are currently
from outside the Market Area;
~i
"-
c'
(d) ensuring that a fair proportion of the returns w industry
residents of the Member States.
4. To achieve these objectives, Member States agree within a
three years from the date of the entry into force of tJlis Agreement, to the
ization of inoentives extended to encourage industrial activity
-this
Agreement.
5. Member States shall, on the coming into force of this
diately abolish as between themselves, restrictions
on the r 0-.-_'0-belonging to persons resident therein. Current payments connected with
ments of such capital between Member States shall not be subject to any
tions.
6. Member States sh all, within a period of three years from the date
entry into force of this Agreement, adopt a oommon policy tow.:\rdB
capital between Member States and elsewhere, and current
with suoh capital.
ARTICLE
14
MONETARY
POLICY
1. Each Member State shall pursue policies aimed at using foreign currencies in those activities which result in maximumeconomic benefit to
States and encouraging the use of local currencies in all other projects when
available. Such policies shall include commontreatment of non-resident capital
and greater mobilization of domestic capital for development purpoees.
2. The Council of Ministers sh.ll keep under review the monetary and
financial situation of individual MemberStates as well as the Reneral payments
system of Member Statee as a group.
ARTICLE
FISCAL
15
POLICY
Member States agree to the prog1888ive ~onization
of their fiscaiPOUciee, especially in the fields of taxation or oompalrles and Individuala -fleoal
inoentivee ext.eDded to persons eng.ed
in indu8Vt. .iou~;.~4tounam.
'!"':~..")~
,'"'"'~."..c,:;:;,;~c
;
,~.!".
L
~
No.4
of 1970
TM East ClJribbgon eommon M,..kgt
(RatifiC8tion
of Agf'ggmgnt) Ordinanog,
1970.
ARTICLE
11 MONTSERRAT.
16
TRANSPORT
I. The objectiveB of thiB Agreement Bhall be purBued by Member StateB
within the framework of a common tranBport policy.
2. With a view to the implementation of thiB Article, and having regard to
the special aspects of transport, Member States shall within three ye81's of the
coming into force of this Agreement, lay down common rules governing the operation and development of inter-territorial
transport within the Market Area. These
rules sha:ll be reviewed by the Council of Ministeis from time to time.
In the Betting of common rules Member States shall ensure that s u c h
discriminate on the basis of origin or destination of goods carried
the Market Area.
and reviewing the common rules due account shall be taken of
situation of the c8lTiers, and the improvement and expansion of the
service.
"'
~,.
ARTICLE 17
AGRICULTURE
States agree to adopt a common agricultural.policy
within two
into force of this Agreement. This policy shall relate to the
the soil, livestock and fisheries.
States shall set up a Committee to make recommendationson the
implementation o'f a common ~ricultural policy. Such policy
h8l'monized approach on such matters as subsidies, price
guarantees. Member States shall keep such policy under
shall comprise one representative from each Member
Or experts from other appropriate bodies may be co-op.
ARTICLE
18
THE COUNCIL OF MINISTERS
of Ministers shall consist of a representative at ministerial
Governments of Member States as members and each member
MONTSERRAT
12
The Eaat Caribbeon
Common MtII'ket
(Rotifiootion
of Agreement) Ol'dinanoe, 1970.
2. The Council of Ministers shall
Markef. and shall be responsi ble for -
be the principal
(a) exercising such powers and functions
this Agreement;
(b) supervising the application
under review;
No.4.
organ of the
68 ore conferred upon it
of this Agreement and keeping its
;:;j
(c) considering whether further action should be taken by Member
in order to promote the attainment of the objectives of the
MBI'ket and facilitating
the establishment of closer links ,
countries,
unions of countries or international
organizations.
3. The powers of the Common MBI'ket shall be vested in the Council
Ministers and the Council of Ministers may delegate to the Secretariat ,
powers as it thinks fit.
4. In ~xercising its responsibility
under paragraph 2 of this Article,
Council of Ministers may take decisions which shall be binding on all i
ber States and may make recommendations to Member States.
5. Decisions and recommendations of the Council of Ministers shall be :
by unanimous vote, except in so far as this Agreement provides otherwise. Decisions or recommendations of the Council of Ministers shall be regarded as
unanimous unless any Member State casts a negative vote. A decision or recommendation of the Council of Ministers pursuant to any such provision as aforesaid
requires the affirmative votes of not less than two-thirds of all Member States,
and reference in any such provision to a majority shall, in relation to the Council
of Ministers be construed accordingly.
thie
6. The Council of Minietere may, by its decieion to confer authority under
Agreement, impose conditione to which euch authority ehall be. eubject.
7. The Council of Minietere ehall take decieion for the following
purpoeeB -
(a) to lay down the Rulee of Procedure of the Council of Minietere and of
any bodiee of the Common Market, which may include provieion that
procedural queetions may be decided by majority vote;
(b) to make arrangementB for the Secretariat
Common Market;
BerviceB required by the
(c) to establish the financial arrangements necessary for administrative
expenses of the Common Market aDd the procedure for establishing
an annual budget.
8. The expenses of admini~tering the Common Market shall be borne by
Member States in equal shares or in such other manner as the Council of Ministers may decide.
No.4
The East Caribbean Common Market
(Ratific!Wiionof Agreement) Ordinance, 1970.
of 1970
ARTICLE
13
MONTSERRAT.
19
THE BECRE'tARIA'1'
1. 'fhe Secretarfat shall be the
Market and the Council of Ministers
c<tmmitteea and bodies and entr~t
Miais~r.a &onsiders nec~ssary to
siQDB of the Council of Ministers
majorUy vote
principal administrative organ of the- Common
may entrust it, and may Bet up other organ8,
them , with B\!ch functions as the Council of
assist it in accQm?lishing jts tasks. Decipursuant to this paragrapb shall be made by
2. m order to ensure the adequate functioning of this Agreement. tile CoUIic-i! of. Ministers shall establish a Secretariat to administer the 'Common Market
atraligements Within three u,onths of the coming into force of this Agreement,
of Ministers shall approve rules governing the proper functioning of
functions
l(a)
servicing
of the 15ecretariat shall be as fol1oW8~of all meetings or the" Cl)uncill)f
Ministers;
"c'(b) collection, collation, analysis and distrfbution
pertinent to the workings of the Coml11onMarket;
01 all
infomlstion
co-ordinate the work of committees and other bodies establisJted by
the Council of Ministers, ",nd servIce their meetings;
sUpervise the workings of this Agreem(,nt. and report to the C,;}uncil
of Ministers all breaches of this Agreemcnt;
~ to the Council of Ministers all difficulties
as they BriBe in the
of this -Agreement;
such other functio~s for the furtherance of this Agreement
may be assigned to ii by the Council of Ministers from time to
ARTICLE
20
.
CONSULTATIONS
AND COMPLAINTS
PROCEDURE
State conRiders that any benefit conferred ul;10nit by thlB
objectives of the Common Market is being, or, may be fruRBatisfactory settlement. is reached between the Member Stat.ee
tho.~e Member States may refer the matter to the Councjl of
of Minis\,.rs shall promptly. by m'ajority vote, make arrangethe matter. Such arran~ements may includc a refer~nce to
MONTSERRAT
14
The
(Ratification
East
Caribbean
Common
of Agreement)
Market
Ordinance,
No.4
1970.
an examining committee constituted
in accordance with Article 21.
taking action under paragraph 3 of this Artic le, the Counc il of Ministers
so refer the matter at the request of any Member State concerned. Member ,
shall furnish all information which they can make available and shall
their assistance to establish Ute facts.
3. When considering the matter the Council of Ministers shall have
to whether it has been established that an obligation under this
has not been fulfilled
and whether and to what extent any benefit
by this Agreement or any objective of the Common Market is being or
frustrated. In the light of this consideration and of the report of any
ing committee which may have been appointed, the Council of MinisteTs
by majority vote, make to any Member State such recommendations as it
siders appropriate.
4. If a Member State does not or is unable to comply with a
tion made in accordance with paragraph 3 of this Artic le and the Council
Ministers finds, by majority vote, that an obligation under this Agreement
not been fulfilled,
the Council of Ministers may, by majority vote
any Member State to suspend as regards the Member State which has not
plied with the recommendations the application of such obligations under
Agreement as the Council of Ministers, by maj ority vote cons iders
5. Any Member State may, at any time while the matter is under consideration, request the Council of Ministers to authorise as a matter of urgency,
interim measures to safeguard its position. If it is found by majority vote of
the Council of Ministers that the circumstances are sufficiently
serious to
justify interim action, and without prejudice to any action which it may subsequently take in accordance with the preceding paragraphs of this Article,
the Council of Ministers may, by majority vote authorise a Member State to
suspend its obligations under this Agreement to such an extent and for such a
period as the Council of Ministers, by majority vote considers appropriate.
ARTICLE
EXAMI~'ING
21
COMMITTEE
The examining committee referred to in Article 20 shall consist or persons
selected for their" competence and integrity, Who in the performance or their
dutie.B, shall neither seek nor receive instructions
from any territory or from
any authority or orgartization ot1ter than the Common Market. They shall be
appointed, on such terms and conditions as may be decided, by majority Vote
01 the Council 01 Ministers"
No.4
or 1970
The East
(Ratification
Caribbean
Common Market
of Agreement) Ordinance,
1970.
ARTICLE
DIFFICULTIES
15
MONTSERRAT.
22
IN PARTICULAR
SECTORS
1. If, in a Member State (a) an appreciable rise in unemployment in a particular sector of induHtry or region is caused by a substantial decrease in internal demand
for a domestic product; and
(b) this decrease in demand is due to an increase in imports consi~ned
from other Member States as a result of the progressive reduct.ion
or the elimination of duties, charges and quantitative
rest.rictions,
that Member State may, notwit.hstanding
any other provisions or
this Agreement ~::)~b~,)
ri;(fiu.~~1~J
c
( i) limit
those
imports
by means
of quantitative
rate not less than the rate or such
of twelve months w~rch ended within
"~dt
restriction.,;
imports rlurin~
twelve months
to a
any period
of the date
on which t,he restrictions
.come into force;
the restrictions
shall
not be continued
for a period longer than eighteen monthH. unlcRs
the Council
of Ministers,
lJy majority
vote authori~(!s
their (;ontinuance
for such further period and on :such conditions
f\R t.hc
Council of Ministers,
by majority vote, considers
appropri,Lte; and
(ii)
take
tion
such measur~~. eith'.:r instead of or in 1lddition to rcst.ricof imports
in accordRncc
with sub-para~raph
(i) of Ih i.,:,
paragraph.
as the
Council
of
~iniRters
may.
by
majority
vote.
authorise.
, ' -measures
'~:h,al1 give
o State
in
like
accordanc~
treatment
applying
to
parFL~rFLph 1 of thi""\rli('I,,.
. \vith
import.,;
consigncd
from 1\11 \11.ml,I'r
restrictions
in accordancc
\...ith 1"ul)-I)'Lfi\~r;\I'h
,lor
this Article
shall notify them to the (.'ouncil or ~Iini~ll.r".
-1'they come into force.
The Councilor
Minister~
may Rl any
--restrictions
~oderate
any
concerned
shall
May,
and may, by majority
damaging
effect
of
to overcome
have effect
1973,
until
make recomnl!-'n<l;Irestriction~
or I"
its difficulties.
30th April,
if the Council
vote,
those
1973.
of Ministers
considers
that
I"'Oml'
to those in paragraphs
1 to 3 of this Article
will bt, rl'quirl'd
decide that such provisions
shall have effect for any pt'riod
MONTSERRAT
16
The E"st
(!latification
Caribbean
I]ommnn Market
No.
of Agr~ement) O.rdin~nce. 1.9'10.
ARTICLE
RF.LATIOfl.J8
\\1TH
23
INTERNATIONAL
ORGANIJZATIONS
'I'll(' ('ou!1('il or Ministers, shall seek to procure the establishment
1'(.'~Rti(in",hi,.~' ,\ith oth~r int.ernational'org~izatiQns
as may facilitate
\.;rtg.tI1t'm'{,r l-h(' oojt~et;jves or the Common MarJret.
ARTICLE
HATIFICATIONS
1. This Agreement
their
respective
with
2.
REQUIRED FOR EFFECTIVENESS
s-hall be ratified
by the Signatory
S~ates in r
constitution!\l
rules.
The
instruments
of -
sball
be deposited
\..ith the Gov~rnment
or Saint Lucia
on or before
day of June. 19fib. The GovE-rnment of.Saint
Lucia shall notify the
}latory
btates
2. This
vr ..uch
Depo$it.
A~reement
.shall
come
into
force
\RTICLF.
on the,
lst,
day
or
July
25
ACCESSION
J. Any Territory, though it be not a signatory hereto, may
this Agreement, subject to prior approval of the Councit of Ministers of
Territory's. participation
in this Agreement on terms and conditions -,
by. the Council of Ministers.
The instrument duly signifying the
the Government of the Territory to its participation
in this Agreement on
terms and conditions decided as aforesaid shall be deposited with the merit ,of Saint Lucia which. shal1 notify all other Member Statf"". This ,-shalr'have effect,in relatiori.tO
in the decision of the: Council
such Territory,
of Ministers.
"i.S, and from the time
2; The Council qf Mi.ni~t.ers may purs-uant. to any decision thereof in'
behalf seek to procure:, the, crea-tion of an a.s.sociation c.onAi6ting 0(
States and any other state, union of territories,
or international
find embodying such reciprocal rights and obligatIonS, c~O!!
special pro"p.dures as .~)' be J3,pprqpr.iate.
ARTICLE
:\ny
Member
aotAoR'8,
26
WITHDRAWAL
StatE' may withdraw
fJ:om participation
in the
~ement
No.4
of 1970
The East
(Ratiticaticn
Caribbean
Common
Market
of Agreement)
Ordinance,
ARTICLE
17
MONTSERRAT.
1970,
27
AMENPMENT
ARTIC'L..:
2b
ANNI-:X
The
annex
to
this
f\greement
is
an inte~ral
r\RT1CL..:
LEG:\L
C.~PACITY,
part
or this
Agreement.
~9
PRIVILEGE~
AND 1MMUNrr1ES
; legal capacily. privile~es and immunilies lo be recognised and
lhe Member Stales in connection with the Common Markel shall be
in a Protocol to this :\grE'e~ent.
Council of ~inisters,
acting on behalf of the Common Market,
may
.the
Government
or the State in which the headquarters
will be
agre~ment
relatin~
to be reco~ni!'ed
\\Ili':Rl':OF
.have
to
tr.e
legf'.l
and ~rantcd
the
in connection
under3igned
.signed
thib
copy at GrenOOa this
For the
Government
v. c.
the
capacity
duly
1t\:
or Antigua:
or Dominica
E. 0. LeBLANC
with
privileges
day
authorised
or
June,
and
the Common Market.
thereto
,"\~reement.
BIRD
Government
and the
1968,
by their
MONTSERRAT
18
No.4
The East Caribbean Common Market
(Ratilication
01 Agreement) Ordinance,
1970.
For the Government
E.
M.
of Grenada:
GAIRY
For the Government or Montserrat:
For
the
Government
Nevis
ROBERT
For
the
of Saint
Christopher,
and Anguilla:
Government
L.
BRADSHAW
of
Saint
Lucia:
Saint
Vincent'
w. c. MALLET
For
the
Government
R.
MILTON
of
CATO
No.4
ot1970
'
The
East
Caribbean
(Ratification
Common
of Agreement)
ANNEX
RULES
REGARDING
MARKET
Market
Ordinance,
19
MONTSERRAT'.
1970.
A
AREA
ORIGIN
FOR TARIFF
PURPOSES
For the purposes of determ in ing the origin of goods under Art ic le 6 and
for the application of that Article,
the following Rules shall be applied.
Rule
1
-Interpretative
Provisions
1..An determining the place or product ion or marine products and g.oods produced
therefrom, a vessel or a Member State shall be regarded as part or that State.
In dete.mining the place from which goods have been consigned, marine products
"'"' from the sea or goods produced therefrom at sea shall be regarded as
taKen
h)aving been consigned from a Member State if they were taken by or produced
in ;a vessel or a Member State and have been brought direct to the Market Area.
-;,..
c,',~
into
and
up
;;;~
a;~~
and
6
...:::;
process
applicatioD.';ci:;~
or
the
Article
of
1
operation
include
wherever the packing materials
up
any
following:-
of
Article
paragraph
that
of
exception
of
(c)
2
the
the
of
more
or
with
paragraph
sub-paragraph
one
process,
of
only
or
.in
in
,"'
goods.
those
of
origin
the
".
..';;
:'
goods-:.."j
Market.
plant,
of
such
the
in
with
of
production
in.the
produced
maintenance
used
the
wholly
in
tools
and
as
regarded
used
machinery
materials
be
shall
and
plant,
tools,
Area,
fuel,
..~;;-;:
s.
d
goo
e
th
Market
determining
production"
f
o
.
pro-
the
in
used
components
and
parts
,
products
ludes
inc
"
"Materials
vessel which is registere~ shall be regarded as a vessel or the Memin which it is registered.
may have been produced;
lots;
grading;
into
sets
,~!~producer"
includes
a grower.
---his
goods otherwise
the last process in the
c
by that other person
and a manufacturer
and also
than by sale to another
course of the manufacture
person
of the
produced within the Market Area.
of sub-p&r&gr&ph
the
products
which
(&) 'of
p&r&gr&ph
1 of Article
shall
be reg&rded
as wholly
6, the
produced
MONTSERRAT
within
The East Ca'.ibbean Common Market
'Ratification
of Agreem..nt) Ordinance,
1970.
20
the
Market
Area:-
(a) mineral
products
(b) vegetable
(c) live
No.4
extracted
products
animals
born
from
the ground
witb in the Market
harvested
within
the
Market
Area;
and raised
within
the
Market
Area;
(d) products obtained within the Market Area from live animals
(e) products obtained by hunting or fishing
Area;
conducted within
:f)
a vessel
marine
products
taken
from
the
sea
by
of
the
a Member
(g) used artic les fit only for the recovery of materials,
they have been collected from users with in the Market
'h) scrap and waste
Market Area;
i)
resulting
goods produced
within
both of the follow.ing:1) products
",ith
from
the
manufacturing
Market
sub-paragraphs
(a)
Area
to
exc lusively
3 -Application
of Percentage
For the purposes
which
taining
no element
1 of that
imported
from outside
the
1 of Article
6 -
(c) of paragraph
meet the conditions
(a).. or (b) of paragraph
from
one
Criterion.
of sub-paragraph
(a) Any materials
within'
(h);
(2) materials
containing
no element.imported
Area or of undetermined
origin.
Rule
operations
Article
from outside
(b) The value of any materials
specified
shall
in --~~~ ~
be regaJded
the Market
as
Area.
which can be identified
as having ,
imported from outside the Market Area shall be their C.I.F. value
cepted by the customs authorities on clearance for home use, or
temporary admission, at the time or Ilmt importation into the; "--"
State where they were used in a proce.!1s of production, less
amount of any transport costs incurred in transit through other ber States.
(c) Ir the value of any materials imported from outside the Market "
cannot be determined in aocord8llce with sub-paragraph (b) or
Rule, their value shall be th~ earliest ascertainable price paid
them in the Member State where they were used in a process
production.
(d) If the origin of any materials
cannot,be
detenained,
such
'0.
4
of
The East
(Ratification
1970
Caribbean
Common Market
21
of Agreement) Ordinance,
1970.
MON':r~ERRAT.
shall be deemed to have been imported from ()1.ltside the Market
Area and their value shall be the earliest ascertainable price paid
for them in the Member State where they were used in a process
production.
(e) The export price of the goods shall be the price paid or payable
faI: them to the exporter in the MembE'r State where the goods were
produced, that price being adjusted, where necessary, to an f.o.b.
basis in that Member State.
(f)
The
value
under
sub-paragraphs
(b),
(c),
or (d) or the export
price
under sub-parl\grl:\ph
(e) of this Rule may b-e adjusted
to correspond
with the amount v..hil'h would hf\ve been obtained
on a sale in the
open mnrket bet\vt't'n
buyer and seller
independent
ThIs amount shall also be taken to be the export
goods arc not the Ruhj,,('t of a sale.
Ru:r~4
-Unit
of
,,",;1.j/Each
article
c"
of each other.
price when the
Qualification.
in a con".ignm('nt
",hf\ll be considered
separately.
ciif~"c2."Forthe pUrpO~!!R of para~r~\ph lor this Rule i,~\'jd',,:;
c~fi!~,!'4a} \\her(' the or.jgjn~\l ~tandurd International
Trade Classification
speci""",
c
cC ""c
fi~s th!\t 1\ group, set or assembly
or articles
is to b(' classified
within a sin~le
as one article;
item,
such
a gro1,1p, set or assembly
rtbols, parts and accessories which
li(nd the price of which is included in
"ni):~separate charge is made, shall be
":c
the article, provided that they
customarily
included
shall
be treated
are imported with an article ,
that or the article or for which
considered as forming a whole
constitute the standard equip-
on the sale
of articles
or that kind;
cases not within sub-paragraphs (a) and (b), goods shall be
as a single article if they are so treated for purposes of
customs duties by the importing Member State.
or disassembled article which is imported in more than
because it is not feasible for transport or production reasons
single consignment shall, if the imp~er
so requests, be
or
MaterIals,
or industries where it would be impracticable for
to segregate matPrials of similar character but differproduction of goods, such segregation may be replaced
""
,
;.l.l'counting system, which ensures that no more goods re-
MONTSERRAT
22
The East Caribbean Comm(ln Market
(Ratification
of Agreement) Ordinance,
1970.
No.
oeived Market Area tariff treatment than would have been the ('.B.se if
ducer had been able physically to segregate the materials.
.2.
Any such accounting system shall conform to such conditions
be agreed upon by the Member States concerned in order 00 ensure that
control measures will
Rule
6 -Treatment
be applied.
or Mixtures.
1. In the case of mixtures, not being groups, 8ets or assemblies or,
rate articles dealt with under Rule 4, a ~ember State may refuse to --being of Market Area origin any product resulting from the mixing ..
goods which would qualify as being of Market Area origin with goods
would not so quality, if the characteristics
of the products as a'
.
not essentially
different
from the characteristics
of the goods which have
mixed.
2. In the case of particular products .where it is, however,
Member States concerned to be desirable to permit mixing. of the kind
cribed in the foregoing paragraph, such products shall be accepted as of
Area origin in respect of such part thereof as may be shown to (
-the quantity
of goods of Market Area origin
used in the mixIng,
such cond itions as may be: agreed upon.
Rule
7 -Treatment
of Packing.
1. Where for purposes of assessing cl1stoms duties a Member State
goods separately from theIr packing, it may also, in respect of its .
consigned from another Member State, determine separate ly the origin of
packing.
2. Where paragraph 1 of this Rule is not applied, packing shall be
sidered as forming a whole with the goods and no part of any packing .
for their transport or storage shall be considered as having been imported
outside the Market Area, when determining the origin of the goods as a
3. For the purpose of paragraph 2 of this Rule, packing with which
are ordinarily sold by retail shall not be regarded as packing required for
transport or storage of goodb.
Rule ,8 -Documentary
Evidence.
1. A claim t~~t goods shall be accepted as eligible for Market Area
treatment shall be supported Qy a"propriate documentary evidence of
and conBign~Qt. ,The evidence of 9figin sha.Jl consist of either (a) a declaration of origin cump'ieted by the last producer of th'e
within the Market Area, togethe;r with a.';sUpplelilentary -, -
No.4
of 1970
The East Caribbean
Common Ma'.ket
(Ratification
of AgI'eement) O,.dinance, 1970.
23 MONTSERRAT.
completed by the exporter in cases where the producer is not himself or by his agent the exporter or the goods; or
(b) a certificate given by a governmental authority or authorised body
nominated by the exporting Member State and notified to the other
Member States together with a supplementary declaration completed
by the exporter of the goods.
,"
These
b~ in
;',
States,
"eC
such
and
declarations,
form
as
a copy
certificates
may
of
be
such
agreed
and supplementary
by
Agreement
the
shall
declarations
Govemments
of
be
with
deposited
all
the
the
shall
Signatory
Government
of cSalnt Lucia by which certified copies shall be transmitted to all other sigg~t~ry al)d participating States. The agreed forms shall for the purposes of
paragraph 5 of Article 6 be de emed to form part of this Annex.
"',';',
'c~c2.. The exporter may choose either of the forms of evidence referred to in
~,.!11:I.."i':"c
1 of this Rule. Nevertheless the authorities of the country of exmay require for certain categories of goods and evidence of origin
furnished in the form indicated in sub-paragraph (b) of that paragraph.
\~
cases where a certificate of origin is to be supplied by a govern, or an authorised body under sub-paragraph (b) of paragraph 1
, that authority or body shall obtain a declaration as to the origin
given by the last producer of the goods with in the Market Area.
authority or the authorised body shall satisfy themselves
accuracy of the cvidence provided: where necessary they shall're.~
",of additional information, and shall carry out any suitable
authorities of the importing Member State so require, a confidenof the producer of the goods shall be given.
of authorised
1';';df
-,
this
Rule,
bodies
may
for the purpose
De withdrawn
by
the
of sub-paragraph
exporting
(b)
Member
State
--~-.
Each Member State shall retain,
in regard to its imports,
r"ertising to accept certificates
from any authorised
body which is
-issued
certificates
in an improper -manner, but such
be taken without
adequate prior notifications
to the exporting
the grounds for dissatisfaction.
where
c j
,-",---,,---
the
Member
to
'paragraph
-in
make
lor
such
State
the
concerned
declaration
in paragraph
form as those
recognise
that
of
specified
3 of this
origin
Rule,
Member States
it
is
imprac-
in sub-
the exporter
may
may for the purpose
01 Ministers
may decide that further or different
provisions
c origin or of consignment
shall apply to particular
categ.of
transactions.
MONTSERRAT
Rule
24
The East Caribbean
Common Market
(Ratification
of Agreement) Ordinance,
1970.
9 -Verification
of Evidence
No.4
of
of Origin.
1. The importing Member State mayas necessary require further
00 SUpport any declaration or certificate
of origin furnished under
2. The importing Member State shall not prevent the importer from
delivery of the goods solely on the grounds that it requires such further
but may require security for any duty or other charge which may be
3. Where, under paragraph 1 of this Rule, a Member State has
further evidence to be furnished, those concerned in anothe r Member State
be free to produce it to a governmental authority or an authorised body
latter State, who shall, after thorough verification
of the evidence.
appropriate report to the importing Member State.
4. Where it is necessary to do so by reason of its legislation,
a
State may prescribe that requests by the authorities of importing Member
for further evidence from those concerned in the Member State shall be
to a speoifi~d governmental authority, who- shall after thorough .
the evidence
furnish
an appropriate
report
to the
importing
Member
5. If the importing Member State wishes an investigation to be made
the accuracy of the evidence which it has received, ,it may make a request
that effect to the other Member Sta te or States concerned.
6. InCormation obtained under the provisions
of th;s Rule by the
Member State shall be treated as confidential.
Rule
10
-Sanctions.
1. Member States undertake to introduce legislation,
making such
sion as may be necessary for penalties against persons who, in their
furnish or cause to be furnished a document which is untrue in a material r
iicular in support of a claim in another Member State
accepted as eligible for Market Area tariff treatment.
cable shall be similar
to those applicable
that goods should
The penalties ---
in cases of untrue declarations
regard to payment of duty on imports.
2. A Member State may deal with the offence out of court, if it can
more appropriately dealt with by a compromise 'penalty or similar --.
tive procedure.
3. A Member State shall be under no obligation to institute
court proc eedings, or action under paragraph 2 of this Rule -
or
(a) if it has not been requested to do so by the importing
State to which the untrue claim was made; or
(b) if, on th~ evidence available,
the proceedinga would not be
No.4 of 1970
SCHEDULE
041-01
043-01
Barley
045-01
Rye unmilled.
045-02
Oats unmilled.
045-09
,--ereals unmilled (except rice and corn).
046-01
Semoline.
02
Malt.
04
Apples.
,--05
unmilled.
Grapes.
-01
Hop Cones fresh or dried.
Lactose, glucose, maltose, cBl"amel.
Cocoa beans (excep~ rlavoured cocoa).
Pepper (except sweet pepper, unground) and pimento whether
unground, ~round or otherwise prepared.
Spices other than ginger, cinnamon, nutmeg and mace.
Linseed.
Synthetic rubbers and rubber substitutes.
C?;rk, raw and waste (including
natura\ cork in blocks and
MONTSERRAT
26
The East Caribbean
Common Market
(Ratification
of Agreement) Ordinance,
1970.
272-16
Natural
284-01
Non-ferrous
Ex 291-09
graphite.
metal
scrap.
Sponges, fish eggs (not for food) bristles,
29~-02
Natural gums, resins, balsam and lacs.
29~-09
Kapok.
Ex :l12-0l
Crude
hair and
Petroleum.
411-01
Oils
411-02
Animals oils, fats and grease, (excluding lard).
412-01
Linseed
412-11
Castor
413-02
Hydrogen.\ted
413-04
\\'axes of I\niml\l
511-09
Calcium
531-01
Coal tar,
532-01
Dy(' ing extr:\C't..-;.
532-02
Tannin~
r.31-03
Synthetic
551-01
Essential
vegetable
and orange oils).
599-01
Synthetic plastic materials in blocks, sheets, rods, tubes
power Md other primary forms.
599-04
Casein, albumen, gelatin,
611
Leather with the exception of sole leather.
651
Textile
652
Cotton fabrics.
653
Textile
Ex
655-06
Twine of cotton.
Ex
655-06
Twine of hemp.
671-01
Silver, unwor'ked and partly worked.
671-02
Platinum and other metal of platinum group, unworked and
partly worked.
Ex
from fish and marine animals.
oil
oil.
oils
cf\rbide,
and fats.
or ve~E'tl\ble
origin
~odium pyropho~phate
dy(' 8tuff~
and nl\turl\l
Md white
lead.
indigo.
extrf!::ts.
tannin~
materials.
oils
(except
lime,
bay, pimento,
glue.
yam and thread .
fabrics, other than cotton fabrics.
~
No.4
The East Caribbean Common Market
(Ratification
of Agreement) Ordinance,
1970.
or 1970
27
MONTSERRAT
672-03
Pearls unworked,
681-01
Pig iron and sponge iron (including
681-02
Ferro-alloys.
681-03
Ingots, blooms, stabs, billets, shzet bars and tinplate bars of
iron and steel and equivalent primary forms.
681-04
Iron and steel bars.
681-05
Universals,
681-06
Hoop and strip of iron and steel (including tube strips and
steel strip for springs) coated or not.
681-13
Steel tubes and fittings,
681-14
Pipes and fittings,
682-01
Copper and alloys not refined and refined unwrought.
682-02
Copper and alloys of -copper, worked (bars, rods, plates,
sheets, wire, pipes, tubes, casting and forgings).
683-01
Nickel and ni ckel alloys
683-02
Nickel and nickel alloy", worked (b~:Lrs.rods, plates, sheets,
wire, pipes, tubes, castings and forgings).
iron and steel powder).
plates arid sheets of iron and steel, uncoated.
welded or drawn .
cast whether gray iron or malleable iron.
-01
Aluminium
-02
Aluminium and aluminium alloys. worked (bars, rods,
sheets, wire. pipes. tubes. casting and forgings).
01
-02
01
Lead
and aluminium
unwrought.
and lead alloys
alloys
unwrought.
plates,
unwrought.
Lead and lead alloys, worked (bars, rods, plates, sheets,
wire, pipes, tubes, casting and forgings).
Non-ferrous base metals ~mployed in metallurgy and their
alloys, n. e. s. unwrought.
Non-ferrous base metals employed in metallurgy and their
alloys, n. e. s. worked (bars, rods, sheets, plates, wire,
pipes, tubes, castin~;., and forgings).
Expanded metal of j ,n and steel.
Expanded metal or alun.i.liulr', COppf'r and other non-ferrous
base metals.
and sluds of all mfl!.'!Fi:\ls.
and preciuus "lone8.
excepl
those of precious
Price: $1.40