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EPA Review Annex Documents - DFID

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eliminate unnecessary obstacles to trade between the Parties as a result of<br />

technical regulations, standards and conformity assessment procedures<br />

applied by either Party while not affecting the capacity of the Parties to protect<br />

public, plant and animal health.”<br />

In a number of cases there is also a commitment to enhance the capacity of the ACP state<br />

to improve public health through capacity enhancement, suggesting a focus not just on trade<br />

but also on domestic capacity more broadly.<br />

While there is a clear thrust in all of the agreements towards trade directed at the EU, in the<br />

case of the final agreement between the EC and CARIFORUM and the interim agreement<br />

between the EC and SADC emphasis is also placed on facilitating greater regional trade.<br />

For example, Article 57 of the interim <strong>EPA</strong> between the EC and SADC states:<br />

1. ‘The Parties agree to facilitate trade and investment within the SADC<br />

<strong>EPA</strong> States and between the Parties while ensuring that measures<br />

adopted shall apply only to the extent necessary to protect human,<br />

animal or plant health or life in accordance with the provisions of the<br />

SPS Agreement.<br />

2. The Parties undertake to cooperate in strengthening regional<br />

integration and specifically SADC <strong>EPA</strong> States' cooperation on matters<br />

concerning sanitary and phytosanitary measures (hereinafter referred<br />

to as "SPS measures") and to address problems arising from SPS<br />

measures on agreed priority sectors and products1 whilst giving due<br />

consideration to regional integration.<br />

3. As a result thereof, the Parties agree to promote bi-regional<br />

collaboration aiming at recognition of appropriate levels of protection<br />

in SPS measures.<br />

4. The Parties agree to establish and enhance SADC <strong>EPA</strong> States'<br />

technical capacity to implement and monitor SPS measures, including<br />

promoting greater use of international standards and other matters<br />

concerning SPS.’<br />

The final agreement between the EC and CARIFORUM uses even more specific language<br />

with respect to regional integration, focusing on the establishment of regional standards and<br />

promoting regional equivalence. Thus, Point (c) of Article 53 states:<br />

‘Assist CARIFORUM States in establishing harmonised intraregional sanitary<br />

and phytosanitary (hereinafter SPS) measures also with a view to facilitating<br />

the recognition of equivalence of such measures with those existing in the EC<br />

Party.’<br />

It is interesting to note that the agreement between the EC and the Pacific states makes<br />

reference to the capacity constraints faced by parties to the agreement that are not currently<br />

WTO members. Thus, Article 36, in outlining the rights and obligations of the parties, states<br />

that:<br />

’The EC Party will take full account of the capacity constraints in the shortterm<br />

of the non-WTO members to comply with the provisions of this<br />

agreement.’<br />

There is no such provision, however, in the interim agreement between the EC and EAS,<br />

despite the fact that five of the countries in this regional grouping are not WTO members.<br />

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