The disciplines developed shall seek to buttress the liberalisation
commitments undertaken by State Parties while preserving their right to
regulate and ensuring their continued capacity to use regulations for
development purposes. In order to ensure consistency between
liberalisation in the Region and their WfO obligations, State Parties will
decide to take into account the disciplines developed under the GATS.
5.
(a)
Given the importance that a well operating professional services
sector has for economic development, special attention is to be
given to the management of the respective qualification
requirements and procedures and licensing arrangements, with a
view to ensuring that the respective requirements and
procedures are not adopted or applied in a manner which creates
obstacles to trade in services.
(b)
When developing future disciplines on domestic regulation,
special priority will be given to disciplines for professional
services.
ARTICLE 7
Mutual Recognition
1.
No later than two (2) years following the entry into force of this Protocol,
the TNF-Services shall establish the necessary steps for the negotiation
of an agreement providing for the mutual recognition of requirements,
qualifications, licences and other regulations, for the purpose of the
fulfilment, in whole or in part, by service suppliers of the criteria applied
by State Parties for the authorisation, licensing, operation and
certification of service suppliers and, in particular, professional services.
2.
Any such agreement shall be in conformity with the relevant provisions
of the WTO and, in particular, Article VII of the GATS. In the
development of such agreement, and any other possible arrangements
or initiatives, account shall be taken of relevant processes and
mechanisms under other SADC Protocols.
3.
State Parties shall facilitate the access of Least Developed Country
(LDC) State Parties to the Protocol. Recognizing the contribution
technical assistance and capacity building can play in facilitating LDCs
access to Mutual Recognition Agreements (MRAs), Members shall
strive to provide such assistance, inter alia in accordance with
mechanisms and initiatives carried out under other SADC Protocols.
4.
In appropriate cases State Parties shall work in cooperation with
relevant intergovernmental and professional bodies towards the
establishment and adoption of common standards and criteria for
mutual recognition for the practice of relevant services trades and
professions.
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