Treaty of Chaguaramas establishing the Caribbean Community
and including the CARICOM Single Market and Economy
PART TWO
CONSUMER PROTECTION
ARTICLE 184
Promotion of Consumer Interests in the Community
1. The Member States shall promote the interests
of consumers in the Community by
appropriate measures that:
(a) provide for the production and supply
of goods and the provision of services
to ensure the protection of life, health
and safety of consumers;
(b) ensure that goods supplied and services
provided in the CSME satisfy
regulations, standards, codes and licensing
requirements established or
approved by competent bodies in the
Community;
(c) provide, where the regulations,
standards, codes and licensing requirements
referred to in paragraph (b) do not exist,
for their establishment and implementation;
(d) encourage high levels of ethical
conduct for those engaged in the production
and distribution of goods and services to
consumers;
(e) encourage fair and effective
competition in order to provide consumers with
greater choice among goods and services at
lowest cost;
(f) promote the provision of adequate
information to consumers to enable the
making of informed choices;
(g) ensure the availability of adequate
information and education programmes
for consumers and suppliers;
(h) protect consumers by prohibiting
discrimination against producers and
suppliers of goods produced in the
Community and against service
providers who are nationals of other Member
States of the Community;
(i) encourage the development of
independent consumer organisations;
(j) provide adequate and effective redress
for consumers.
2. For the purpose of this Part,
“consumer” means any person:
(a) to whom goods or services are supplied
or intended to be supplied in the
course of business carried on by a supplier
or potential supplier; and
(b) who does not receive the goods or
services in the course of a business
carried on by him.
ARTICLE 185
Protection of Consumer Interests in the
Community
The Member States shall enact harmonised
legislation to provide, inter alia:
(a) for the fundamental terms of a contract
and the implied obligations of parties
to a contract for the supply of goods or
services;
(b) for the prohibition of the inclusion of
unconscionable terms in contracts for
the sale and supply of goods or services to
consumers;
(c) for the prohibition of unfair trading
practices, particularly such practices
relating to misleading or deceptive or
fraudulent conduct;
(d) for the prohibition of production and
supply of harmful and defective goods
and for the adoption of measures to prevent
the supply or sale of such
goods including measures requiring the
removal of defective goods from
the market;
(e) that the provision of services is in
compliance with the applicable
regulations, standards, codes and licensing
requirements;
(f) that goods supplied to consumers are
labelled in accordance with standards
and specifications prescribed by the
competent authorities;
(g) that hazardous or other goods whose
distribution and consumption are
regulated by law are sold or supplied in
accordance with applicable
regulations;
(h) that goods or materials, the production
or use of which is likely to result in
potentially harmful environmental effects,
are labelled and supplied in
accordance with applicable standards and
regulations;
(i) that producers and suppliers are liable
for defects in goods and for violation
of product standards and consumer safety
standards which occasion loss
or damage to consumers;
(j) that violations of consumer safety
standards by producers or suppliers are
appropriately sanctioned and relevant civil
or criminal defences to such
violations are available to defendants.
ARTICLE 186
Action by the Commission to Provide Support
in the
Promotion of Consumer Welfare and
Protection of
Consumer Interests
1. The Commission shall, for the purpose of
providing support to the Member States
in the enhancement of consumer education
and consumer welfare:
(a) promote in the Community the
elaboration, publication and adoption of fair
contract terms between suppliers and
consumers of goods and services
produced or traded in the CSME;
(b) take such measures as it considers
necessary to ensure that the Member
States discourage and eliminate unfair
trading practices, including
misleading or deceptive conduct, false
advertising, bait advertising, referral
selling and pyramid selling;
(c) promote in the Member States product
safety standards as part of a
programme of consumer education in order to
assist the consumer to make
informed choices concerning the purchase of
consumer goods;
(d) keep under review the carrying on of
commercial activities in the Member
States which relate to goods supplied to
consumers in such States or
produced with a view to their being so
supplied, or which relate to services
supplied for consumers with a view to
identifying practices which may
adversely affect the interests of
consumers;
(e) educate and guide consumers generally
in the practical resolution of their
problems and in the best use of their
income and credit, using such
techniques and means of communications as
are available;
(f) confer, on request, with consumer
organisations of the Member States and
offer such advice and information as may be
appropriate for the resolution
of their consumer problems;
(g) establish the necessary co-ordination
with government agencies and
departments for the effective education and
guidance of consumers having
regard to the programmes, activities and
resources of each agency or
department;
(h) conduct research and collect and
collate information in respect of matters
affecting the interests of consumers;
(i) compile, evaluate and publicise
enactments for the protection of consumers
in such States and recommend to COTED the
enactment of legislation
considered necessary or desirable for the
protection of consumers;
(j) promote, after consultation with the
competent standardising agency and
other public and private agencies or
organisations, the establishment of
quality standards for consumer products;
(k) promote and monitor, after consultation
with relevant agencies and
departments of Government, the enforcement
of legislation affecting the
interests of consumers, including, but not
limited to, legislation relating to
weights and measures, food and drugs
adulteration, the control of standards
and price controls;
(l) make recommendations to COTED for the
enactment of legislation by the
Member States for the effective enforcement
of the rights of consumers.
2. The Commission shall:
(a) draw to the attention of COTED business
conduct by enterprises which
impacts adversely on consumer welfare;
(b) collaborate with competent Organs of
the Community to promote consumer
education and consumer welfare.
