Legal Supplement Part C to the Trinidad and Tobago Gazette, Vol. 52, No. 85, 4th July, 2013

Transcription

1 Legal Supplement Part C to the Trinidad and Tobago Gazette, Vol. 52, No. 85, 4th July, 2013 No. 11 of 2013 Third Session Tenth Parliament Republic of Trinidad and Tobago HOUSE OF REPRESENTATIVES BILL AN ACT to give effect to the Economic Partnership Agreement between CARIFORUM States (Caribbean Community and the Dominican Republic) and the European Community; to effect consequential amendments to the Customs Act, Chap. 78:01 and for related matters PRINTED BY THE GOVERNMENT PRINTER, PORT-OF-SPAIN REPUBLIC OF TRINIDAD AND TOBAGO 2013

2 THE CARIFORUM (CARIBBEAN COMMUNITY AND DOMINICAN REPUBLIC) EUROPEAN COMMUNITY ECONOMIC PARTNERSHIP AGREEMENT BILL, 2013 Explanatory Note (These notes form no part of the Bill but are intended only to indicate its general purport) The Bill seeks to provide for the implementation of the Economic Partnership Agreement ( the Agreement ) between Member States comprising the CARIFORUM grouping (the Caribbean Community and Dominican Republic) and the European Community, signed on October 15, 2008 and its Protocols and Annexes. Clause 1 would provide for the short title of the Act. Clause 2 would provide for the commencement of certain provisions of the Agreement. Clause 3 would provide for the use of certain terms in the Act. Clause 4 would give the provisions of the Agreement the force of law. Clause 5 would provide for the Minister to make Regulations subject to negative resolution of Parliament. Clause 6 would amend the Customs Act, Chap. 78:01 to insert a new section 6B to incorporate the preferential treatment established by the Agreement. The preferential treatment would be set out in the new Ninth Schedule that would be inserted into the Customs Act.

3 BILL AN ACT to give effect to the Economic Partnership Agreement between CARIFORUM States (Caribbean Community and the Dominican Republic) and the European Community; to effect consequential amendments to the Customs Act, Chap. 78:01 and for related matters [Assented to, 2013] WHEREAS the Member States of the Caribbean Preamble Community (CARICOM) being Antigua and Barbuda,

4 2 Enactment Short title Commencement The Bahamas, Barbados, Belize, The Commonwealth of Dominica, Grenada, The Republic of Guyana, The Republic of Haiti, Jamaica, Saint Christopher and Nevis, Saint Lucia, Saint Vincent and the Grenadines, The Republic of Suriname and The Republic of Trinidad and Tobago together with The Dominican Republic collectively being CARIFORUM and the European Community have entered into an Economic Partnership Agreement ( the Agreement ) signed on October 15, 2008: And whereas the purposes of the Agreement is to strengthen the framework for economic and trade relations between CARIFORUM and the European Community, to enhance the economic relationship and in particular, trade and investment flows, building on and improving the current level of preferential market access into the European Community for the CARIFORUM States; and to create a new and more favourable climate for relations in the areas of trade and investments and new dynamic opportunities for growth and development: And whereas Trinidad and Tobago in its own right and as one of the States forming the grouping referred to as CARIFORUM, is obligated to give effect to the Agreement: And whereas it is necessary in order to give effect to the Agreement, to enact national legislation: ENACTED by the Parliament of Trinidad and Tobago as follows: 1. This Act may be cited as the CARIFORUM (Caribbean Community and Dominican Republic) European Community Economic Partnership Agreement Act, Articles 16, 20, 27, 31, 67, 68, 72, 81 to 83, 146, 148, 150, 165 to 182, 197 to 201, 237, 238, Annex III, Appendix I to Annex III, Appendix II to Annex III, Annex IVe, Annex IVf and Annex VI of the Agreement shall come into effect on such dates as are fixed by the President by Proclamation.

5 3. In this Act Agreement means the Economic Partnership Agreement between Member States comprising the CARIFORUM grouping and the European Community, signed on October 15, 2008 and its Protocols and Annexes as published in Gazette No. 159 dated Thursday 24th November, 2011 and as amended in accordance with section 4; and Minister means the Minister to whom responsibility for trade is assigned. 4. (1) Subject to section 2, the provisions of the Agreement shall have the force of law. (2) Where an amendment to the Agreement is accepted by the Government, the Minister may by Order give effect to the amendment. (3) An Order referred to in subsection (2) shall be subject to affirmative resolution of Parliament. (4) Judicial notice shall be taken of the provisions of the Agreement and any amendments made thereto as if they were contained in this Act. 5. (1) The Minister may make Regulations for giving effect to the purposes and provisions of this Act. (2) Regulations made under subsection (1) are subject to negative resolution of Parliament. 6. The Customs Act is amended by (a) inserting the following section: Economic Partnership Preferential treatment 3 6B. (1) In this section Agreement means the Economic Partnership Agreement between Member States comprising the CARIFORUM grouping Interpretation Agreement to have the force of law Regulations Consequential amendment Chap. 78:01

6 4 and the European Community, signed on October 15, 2008 and its Protocols and Annexes. (2) The goods listed as free of duty in the First Schedule to the Customs Act at February 1, 2007 shall remain free of duty in respect of products originating in the European Community and being imported pursuant to the Agreement into Trinidad and Tobago. (3) The preferential treatment established by the Agreement and set out in the Ninth Schedule is hereby incorporated in and shall form part of the Customs Laws. (4) The President may, by Order amend the Ninth Schedule or provide for the expiration, lapsing or coming into effect of a tariff preference. (5) An Order made under subsection (4) shall be subject to negative resolution of Parliament. (6) The preferential treatment shall apply only to goods which satisfy the requirements of Protocol 1 of the Agreement and which are transported in accordance with Article 14(1) of the said Protocol and accompanied by a movement certificate or an invoice declaration in accordance with Protocol 1. ; and (b) inserting the following Schedule: Ninth Schedule

7 5

8 6

9 7

10 8

11 9

12 10

13 11

14 12

15 13

16 14

17 15

18 16

19 17

20 18

21 19

22 20

23 21

24 22

25 23

26 24

27 25

28 26

29 27

30 28

31 29

32 30

33 31

34 32

35 33

36 34

37 35

38 36

39 37

40 38

41 39

42 40

43 41

44 42

45 43

46 44

47 45

48 46

49 47

50 48

51 49

52 50

53 51

54 52

55 53

56 54

57 55

58 56

59 57

60 58

61 59

62 60

63 61

64 62

65 63

66 64

67 65

68 66

69 67

70 68

71 69

72 70

73 71

74 72

75 73

76 74

77 75

78 76

79 77

80 78

81 79

82 80

83 81

84 82

85 83

86 84

87 85

88 86

89 87

90 88

91 89

92 90

93 91

94 92

95 93

96 94

97 95

98 96

99 97

100 98

101 99

102 100

103 101

104 102

105 103

106 104

107 105

108 106

109 107

110 108

111 109

112 110

113 111

114 112

115 113

116 114

117 115

118 116

119 117

120 118

121 119

122 120

123 121

124 122

125 123

126 124

127 125

128 126

129 127

130 128

131 129

132 130

133 131

134 132

135 133

136 134

137 135

138 136

139 137

140 138

141 139

142 140

143 141

144 142

145 143

146 144

147 145

148 146 Passed in the House of Representatives this of..., day Clerk of the House I confirm the above. Speaker Passed in the Senate this day of December, Clerk of the Senate I confirm the above. President of the Senate

149 No. 11 of 2013 THIRD SESSION TENTH PARLIAMENT REPUBLIC OF TRINIDAD AND TOBAGO BILL AN ACT to give effect to the Economic Partnership Agreement between CARIFORUM States (Caribbean Community and the Dominican Republic) and the European Community; to effect consequential amendments to the Customs Act, Chap. 78:01 and for related matters Received and read the First time... Second time... Third time...