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.