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Council Decision of 5 May 2009 on the signature and… Article 90

Council Decision of 5 May 2009 on the signature and… Article 90

General exception clause

Article 90

Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between the Parties where like conditions prevail, or a disguised restriction on trade in goods, services or establishment, nothing in this Agreement shall be construed to prevent the adoption or enforcement by the EC Party or the SADC EPA States of measures which: (a) are necessary to protect public morals or to maintain public order and public security or; (b) are necessary to secure compliance with laws or regulations which are not inconsistent with this Agreement, including those relating to customs enforcement, the protection of intellectual property rights, and the prevention of deceptive practices or; (c) are necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement including those relating to: (i) the prevention of deceptive and fraudulent practices or to deal with the effects of a default on contracts; (ii) the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts; (iii) safety; or (d) relate to the importation or exportation of gold or silver; or (e) relate to the protection of national treasures of artistic, historic or archaeological value; or (f) relate to the conservation of exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption of goods, domestic supply or consumption of services and on domestic investors; or (g) relate to the products of prison labour; or (h) are inconsistent with Article 36 of this Agreement, provided that the difference in treatment is aimed at ensuring the effective or equitable imposition or collection of direct taxes in respect of economic activities or investors of the other Party.

Read the full instrument → · Read this in context: CHAPTER 13 — General exceptions →

Other provisions in CHAPTER 13 — General exceptions

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗ · Data as of 2026-07-04

CitationArticle 90 of Council Decision of 5 May 2009 on the signature and… (LawPlayer, data as of 2026-07-04)

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