Common use of Agricultural Safeguard Measures Clause in Contracts

Agricultural Safeguard Measures. 1. Notwithstanding Article 2.3 (Tariff Elimination), a Party may apply a measure in the form of an additional duty on an originating agricultural good listed in that Party’s Schedule to Annex 3-A (Agricultural Safeguard Measures), provided that the conditions in paragraphs 2 through 5 are met. The sum of any such additional duty and any other customs duty on such good shall not exceed the lesser of: (a) the prevailing most-favored-nation (“MFN”) applied rate of duty; or (b) the MFN applied rate of duty in effect on the day immediately preceding the date of entry into force of this Agreement. 2. The additional duty under paragraph 1 shall be set according to each Party’s Schedule to Annex 3-A. 3. Neither Party may apply or maintain an agricultural safeguard measure and at the same time apply or maintain, with respect to the same good: (a) a safeguard measure under Chapter Eight (Safeguards); or (b) a measure under Article XIX of GATT 1994 and the Safeguards Agreement. 4. Neither Party may apply or maintain an agricultural safeguard measure on a good: (a) on or after the date that the good is subject to duty-free treatment under the Party’s Schedule to Annex IV (Tariff Elimination), except as otherwise provided in Annex 3-A; or (b) that increases the in-quota duty on a good that is subject to a TRQ. 5. A Party shall implement an agricultural safeguard measure in a transparent manner. Within 60 days after applying a measure, the Party applying the measure shall notify the Party whose good is subject to the measure, in writing, and shall provide it relevant data concerning the measure. On request, the Party applying the measure shall consult with the Party whose good is subject to the measure regarding the application of the measure. 6. The operation of this Article may be the subject of discussion and review in the Joint Committee or any subcommittee on agriculture established pursuant to Article 19.2 (Joint Committee).

Agricultural Safeguard Measures. 1. Notwithstanding Article 2.3 (Tariff Elimination)3.3, a each Party may apply a measure in the form of an additional import duty on an originating agricultural good listed in that Party’s Schedule to Annex 3-A (Agricultural Safeguard Measures)3.15, provided that the conditions in paragraphs 2 through 5 7 are met. The sum of any such additional import duty and any other customs duty on such good shall not exceed the lesser of: (a) the prevailing most-favored-nation (“MFN”) applied rate of duty; or (b) the MFN applied rate of duty in effect on the day immediately preceding the date of entry into force of this Agreement. 2. A Party may apply an agricultural safeguard measure during any calendar year if the quantity of imports of the good during such year exceeds the trigger level for that good set out in its Schedule to Annex 3.15. 3. The additional duty under paragraph 1 shall be set according to each Party’s Schedule to Annex 3-A.3.15. 34. Neither No Party may apply or maintain an agricultural safeguard measure and at the same time apply or maintain, with respect to the same good: (a) a safeguard measure under Chapter Eight (SafeguardsTrade Remedies); or (b) a measure under Article XIX of the GATT 1994 and the Safeguards Agreement; with respect to the same good. 45. Neither No Party may apply or maintain an agricultural safeguard measure on a goodmeasure: (a) on or after the date that the a good is subject to duty-free treatment under the Party’s Schedule to Annex IV (Tariff Elimination), except as otherwise provided in Annex 3-A3.3; or (b) that increases the in-quota duty on a good that is subject to a TRQ. 56. A Each Party shall implement an agricultural safeguard measure in a transparent manner. Within 60 days after applying a measure, the a Party applying the measure shall notify the any Party whose good is subject to the measure, in writing, and shall provide it relevant data concerning the measure. On request, the Party applying the measure shall consult with the any Party whose good is subject to the measure regarding the application of the measure. 67. A Party may maintain an agricultural safeguard measure only until the end of the calendar year in which the Party applies the measure. 8. The Commission and the Committee on Agricultural Trade may review the implementation and operation of this Article. 9. For purposes of this Article may be the subject of discussion and review Annex 3.15, agricultural safeguard measure means a measure described in the Joint Committee or any subcommittee on agriculture established pursuant to Article 19.2 (Joint Committee)paragraph 1.

Agricultural Safeguard Measures. 1. Notwithstanding Article 2.3 (Tariff Elimination)2.3, a Party may apply a measure in the form of an additional a higher import duty on an originating agricultural good listed in that Party’s Schedule to set out in Annex 32-A (Agricultural Safeguard Measures)B, provided consistent with this Article, if the aggregate volume of imports of that the conditions good in paragraphs 2 through 5 are metany year exceeds a trigger level as set out in its Schedule included in Annex 2-B. 2. The sum of any such additional higher import duty and any other customs duty on such good under paragraph 1 shall not exceed the lesser of: (a) the prevailing most-favored-nation (“MFN”) MFN applied rate of duty; orrate; (b) the MFN applied rate of duty in effect on the day immediately preceding the date of entry into force of this Agreement.; or (c) the duty rate set out in its Schedule included in Annex 2. The additional duty under paragraph 1 shall be set according to each Party’s Schedule to Annex 3-A.B. 3. Neither Party may shall apply or maintain an agricultural safeguard measure under this Article and at the same time apply or maintain, with respect to the same good: (a) a bilateral safeguard measure under Chapter Eight 7 (SafeguardsTrade Remedies); or (b) a measure under Article XIX of the GATT 1994 and the Safeguards Agreement. 4. Neither Party may apply or maintain an agricultural safeguard measure on a good: (a) on or after the date that the good is subject to duty-free treatment under the Party’s Schedule to Annex IV (Tariff Elimination), except as otherwise provided in Annex 3-A; or (b) that increases the in-quota duty on a good that is subject to a TRQ. 5. A Party shall implement an any agricultural safeguard measure in a transparent manner. Within 60 days after applying a imposing an agricultural safeguard measure, the Party applying the measure shall notify the other Party whose good is subject to in writing and provide the measure, in writing, and shall provide it other Party with relevant data concerning the measure. On requestUpon written request of the exporting Party, the Party applying the measure Parties shall consult with the Party whose good is subject to the measure regarding the application of the measure. 65. The Committee on Trade in Goods established under Article 2.16 may review and discuss the implementation and operation of this Article may be Article. 6. Neither Party shall apply or maintain an agricultural safeguard measure on an originating agricultural good if the subject of discussion and review period specified in the Joint Committee or any subcommittee on agriculture established pursuant to Article 19.2 (Joint Committee)agricultural safeguard provisions of the Party’s Schedule set out in Annex 2-B has expired.

Agricultural Safeguard Measures. 1. Notwithstanding Article 2.3 (Tariff Elimination)2.3, a Party may apply a impose an agricultural safeguard measure in the form of an additional duty a higher import duty, consistent with paragraphs 2 through 7, on an originating agricultural good listed in that Party’s its Schedule to Annex 32-A (Agricultural Safeguard Measures)F, provided that if the conditions aggregate volume of imports of a good in paragraphs 2 through 5 are meta year exceeds a trigger level as set out in its Schedule to Annex 2-F. 2. The sum of any such additional duty and any other customs duty on such good pursuant to paragraph 1 shall not exceed the lesser of: (a) of the prevailing most-favoredfavoured-nation (“MFN”) applied rate of duty; or (b) rate, or the MFN applied rate of duty in effect on the day immediately preceding the date of entry into force of this Agreement., or the tariff rate set out in its Schedule to Annex 2-F. 23. The additional duty under imposed pursuant to paragraph 1 shall be set according to each the Party’s Schedule to Annex 32-A.F and shall only be maintained until the end of the year, as defined in Annex 2-D, in which it has been imposed. 34. Neither A Party may shall not apply or maintain an agricultural safeguard measure and at the same time apply or maintain, with respect to the same good: (a) a safeguard measure under Chapter Eight Seven (SafeguardsTrade Remedies); or; (b) a measure under Article XIX of the GATT 1994 and the Safeguards Agreement. 4. Neither Party may apply or maintain an agricultural safeguard measure on a good: (a) on or after the date that the good is subject to duty-free treatment under the Party’s Schedule to Annex IV (Tariff Elimination), except as otherwise provided in Annex 3-A; or (bc) that increases a measure under any agricultural safeguard provisions of the in-quota duty WTO Agreement on a good that is subject to a TRQAgriculture. 5. A Each Party shall implement an agricultural safeguard measure in a transparent manner. Within 60 days after applying imposing a measure, the Party applying the measure shall notify the other Party whose good is subject to the measure, in writing, writing and shall provide it with relevant data concerning the measure. On requestthe written request of the exporting Party, the Party applying the measure Parties shall consult with the Party whose good is subject to the measure regarding the application of the measure. 6. The implementation and operation of this Article may be the subject of discussion and review in the Joint Committee on Trade in Goods or any subcommittee in a sub-committee established under Article 2.14. 7. A Party shall not apply or maintain an agricultural safeguard measure on agriculture established pursuant an originating agricultural good: (a) after the expiration of the period specified in the agricultural safeguard provisions of the Party’s Schedule to Article 19.2 Annex 2-F; and (Joint Committeeb) that increases the in-quota duty on a good subject to a tariff rate quota (hereinafter referred to as “TRQ”).

Agricultural Safeguard Measures. 1. Notwithstanding Article 2.3 (Tariff Elimination)2.3, a Party may apply a measure in the form of an additional a higher import duty on an originating agricultural good listed in that Party’s Schedule to set out in Annex 3-A (Agricultural Safeguard Measures)2C, provided consistent with this Article if the aggregate volume of imports of that the conditions good in paragraphs 2 through 5 are metany year exceeds a trigger level as set out in its Schedule set out in Annex 2C. 2. The sum of any such additional higher import duty and any other customs duty on such good under paragraph 1 shall not exceed the lesser of: (a) the prevailing most-favored-nation (“MFN”) applied rate of duty; orrate; (b) the MFN most-favored-nation (MFN) applied rate of duty in effect on the day immediately preceding the date of entry into force of this Agreement.; 2. The additional (c) the base rate set out in its Schedule set out in Annex 2B; or (d) the duty under paragraph 1 shall be set according to each Party’s out in its Schedule to set out in Annex 3-A.2C. 3. Neither Party may shall apply or maintain an agricultural safeguard measure under this Article and at the same time apply or maintain, with respect to the same good: (a) a bilateral safeguard measure under Chapter Eight (SafeguardsTrade Remedies); or; (b) a measure under Article XIX of GATT 1994 and the Safeguards Agreement. 4. Neither Party may apply or maintain an agricultural safeguard measure on a good: (a) on or after the date that the good is subject to duty-free treatment under the Party’s Schedule to Annex IV (Tariff Elimination), except as otherwise provided in Annex 3-A; or (bc) that increases a special safeguard measure under Article 5 of the in-quota duty on a good that is subject to a TRQAgriculture Agreement. 54. A Party shall implement an any agricultural safeguard measure in a transparent manner. Within 60 days after applying a imposing an agricultural safeguard measure, the Party applying the measure shall notify the other Party whose good is subject to in writing and provide the measure, in writing, and shall provide it other Party with relevant data concerning the measure. On requestUpon written request of the exporting Party, the Party applying the measure Parties shall consult with the Party whose good is subject to the measure regarding the application of the measure. 65. The Committee on Trade in Goods established under Article 2.17 may review and discuss the implementation and operation of this Article may be Article. 6. Neither Party shall apply or maintain an agricultural safeguard measure on an originating agricultural good if the subject of discussion and review period specified in the Joint Committee or any subcommittee on agriculture established pursuant to Article 19.2 (Joint Committee)agricultural safeguard provisions of the Party’s Schedule set out in Annex 2C has expired.

Agricultural Safeguard Measures. 1. Notwithstanding Article 2.3 (Tariff Elimination), a Party may apply a impose an agricultural safeguard measure in the form of an additional duty a higher import duty, consistent with paragraphs 2 through 7, on an originating agricultural good listed in that Party’s its Schedule to Annex 32-A (Agricultural Safeguard Measures)F, provided that if the conditions aggregate volume of imports of a good in paragraphs 2 through 5 are meta year exceeds a trigger level as set out in its Schedule to Annex 2-F. 2. The sum of any such additional duty and any other customs duty on such good pursuant to paragraph 1 shall not exceed the lesser of: (a) of the prevailing most-favoredfavoured-nation (“MFN”) applied rate of duty; or (b) rate, or the MFN applied rate of duty in effect on the day immediately preceding the date of entry into force of this Agreement., or the tariff rate set out in its Schedule to Annex 2-F. 23. The additional duty under imposed pursuant to paragraph 1 shall be set according to each the Party’s Schedule to Annex 32-A.F and shall only be maintained until the end of the year, as defined in Annex 2-D, in which it has been imposed. 34. Neither A Party may shall not apply or maintain an agricultural safeguard measure and at the same time apply or maintain, with respect to the same good: (a) a safeguard measure under Chapter Eight Seven (SafeguardsTrade Remedies); or; (b) a measure under Article XIX of GATT 1994 and the Safeguards Agreement. 4. Neither Party may apply or maintain an agricultural safeguard measure on a good: (a) on or after the date that the good is subject to duty-free treatment under the Party’s Schedule to Annex IV (Tariff Elimination), except as otherwise provided in Annex 3-A; or (bc) that increases a measure under any agricultural safeguard provisions of the in-quota duty WTO Agreement on a good that is subject to a TRQAgriculture. 5. A Each Party shall implement an agricultural safeguard measure in a transparent manner. Within 60 days after applying imposing a measure, the Party applying the measure shall notify the other Party whose good is subject to the measure, in writing, writing and shall provide it with relevant data concerning the measure. On requestthe written request of the exporting Party, the Party applying the measure Parties shall consult with the Party whose good is subject to the measure regarding the application of the measure. 6. The implementation and operation of this Article may be the subject of discussion and review in the Joint Committee on Trade in Goods or any subcommittee in a sub-committee established under Article 2.14. 7. A Party shall not apply or maintain an agricultural safeguard measure on agriculture established pursuant an originating agricultural good: (a) after the expiration of the period specified in the agricultural safeguard provisions of the Party’s Schedule to Article 19.2 Annex 2-F; and (Joint Committeeb) that increases the in-quota duty on a good subject to a tariff rate quota (hereinafter referred to as “TRQ”).

Agricultural Safeguard Measures. 1. Notwithstanding Article 2.3 3.3 (Tariff Elimination), a Party may apply impose a measure in the form of an additional duty on an originating agricultural good listed as provided in that Party’s Schedule to section of Annex 3-A 3.14 (Agricultural Safeguard Measures), provided that the conditions in paragraphs 2 through 5 7 are met. The sum of any such additional duty and any other customs duty on such good shall not exceed the lesser of: (a) the prevailing most-favored-nation (“MFN”) applied rate of duty; or (b) the MFN applied rate of duty in effect on the day immediately preceding the date of entry into force of this Agreement. 2. A Party may maintain an agricultural safeguard measure only until the end of the calendar year in which the Party imposes the measure. 3. A Party may impose an agricultural safeguard measure during any calendar year on an originating agricultural good if the volume of imports of the originating agricultural good during such year exceeds the quantity of the good set forth in its section of Annex 3.14. 4. The additional duty under paragraph 1 shall be set according to each Party’s Schedule to Annex 3-A.3.14. 35. Neither No Party may apply may, with respect to the same agricultural good, at the same time, impose or maintain an agricultural safeguard measure and at the same time apply or maintain, with respect to the same goodunder this Article and: (a) a safeguard measure under Chapter Eight (SafeguardsTrade Remedies); or (b) a measure under Article XIX of GATT 1994 and the Safeguards Agreement. 46. Neither A Party may apply or maintain impose an agricultural safeguard measure only during the tariff elimination period. No Party may impose an agricultural safeguard measure on a good: (a) on or after the date that an originating agricultural good once the good is subject to achieves duty-free treatment status under the Party’s Schedule to Annex IV (Tariff Elimination), except as otherwise provided in Annex 3-A; or (b) this Agreement. No Party may impose an agricultural safeguard measure that increases the an in-quota duty on a an originating agricultural good that is subject to a TRQtariff-rate quota. 57. A Party shall implement an agricultural safeguard measure in a transparent manner. Within 60 days after applying imposing such a measure, the a Party applying the measure shall notify the Party whose good is subject to the measure, in writing, and shall provide it relevant data concerning the measure. On request, the Party applying imposing the measure shall consult with the Party whose good is subject to the measure regarding the application of the measure. 68. The general operation of this Article may be the subject of discussion and review in the Joint Commission or the Committee or any subcommittee on agriculture Agricultural Trade established pursuant to under Article 19.2 (Joint Committee)3.18. 9. For purposes of this Article, agricultural safeguard measure means an agricultural safeguard measure described in paragraph 1.

Agricultural Safeguard Measures. 1. Notwithstanding Article 2.3 (Tariff Elimination)3.3, a Party may apply a measure in the form of an additional import duty on an originating agricultural good listed in that Party’s Schedule to Annex 3-A (Agricultural Safeguard Measures)3.17, provided that the conditions in paragraphs 2 through 5 8 are met. The sum of any such additional import duty and any other customs duty on such good shall not exceed the lesser lowest of: (a) the base rate of duty provided in the Party’s Schedule to Annex 3.3; (b) the prevailing most-favored-nation (“MFN”) applied rate of duty; or (bc) the MFN applied rate of duty in effect on the day immediately preceding the date of entry into force of this Agreement. 2. A Party may apply an agricultural safeguard measure during any calendar year if the quantity of imports of the good during such year exceeds the trigger level for that good set out in its Schedule to Annex 3.17. 3. The additional duty under paragraph 1 shall be set according to each Party’s Schedule to Annex 3-A.3.17. 34. Neither Party may apply or maintain an agricultural safeguard measure and at the same time apply or maintain, with respect to the same good: (a) a safeguard measure under Chapter Eight (SafeguardsTrade Remedies); or (b) a measure under Article XIX of GATT 1994 and the Safeguards Agreement, with respect to the same good. 45. Neither Party may apply or maintain an agricultural safeguard measure on a good: (a) on or after the date that the good is subject to duty-free treatment under the Party’s Schedule to Annex IV (Tariff Elimination), except as otherwise provided in Annex 3-A3.3; or (b) that increases the in-quota duty on a good that is subject to a TRQ. 56. A Party shall implement an agricultural safeguard measure in a transparent manner. Within 60 days after applying such a measure, the Party applying the measure shall notify the Party whose good is subject to the measureother Party, in writing, and shall provide it relevant data concerning the measure. On request, the Party applying the measure shall consult with the other Party whose good is subject to the measure regarding the application of the measure. 67. A Party may maintain an agricultural safeguard measure only until the end of the calendar year in which the Party applies the measure. 8. Neither Party may apply on an originating agricultural good any safeguard duty pursuant to the WTO Agreement on Agriculture or any successor provisions thereof. 9. The Commission and the Committee on Agricultural Trade may review the implementation and operation of this Article. 10. For purposes of this Article may be the subject of discussion and review Annex 3.17, agricultural safeguard measure means a measure described in the Joint Committee or any subcommittee on agriculture established pursuant to Article 19.2 (Joint Committee)paragraph 1.

Agricultural Safeguard Measures. 1. Notwithstanding Article 2.3 (Tariff Elimination)2.3, a Party may apply a measure in the form of an additional import duty on an originating agricultural good listed in that Party’s Schedule to Annex 3-A (Agricultural Safeguard Measures)2.18, provided that the conditions in paragraphs 2 through 5 8 are met. The sum of any such additional import duty and any other customs duty on such good shall not exceed the lesser least of: (a) the prevailing base tariff rate provided in the Schedule to Annex 2.3; (b) the most-favored-nation (“MFN”) applied rate of duty; or (b) the MFN applied rate of duty in effect on the day immediately preceding the date of entry into force of this Agreement; (c) the prevailing MFN applied rate of duty; or (d) the level of duty described in subparagraph 2(c) of Appendix I to Colombia’s Schedule to Annex 2.3, if applicable. 2. A Party may apply an agricultural safeguard measure during any calendar year on an originating agricultural good if the quantity of imports of the good during such year exceeds the trigger level for that good set out in its Schedule to Annex 2.18. 3. The additional duty under paragraph 1 shall be set according to each Party’s Schedule to Annex 3-A.2.18. 34. Neither No Party may apply or maintain an agricultural safeguard measure and at the same time apply or maintain, with respect to the same good: (a) a safeguard measure under Chapter Eight (SafeguardsTrade Remedies); or (b) a measure under Article XIX of GATT 1994 and the Safeguards Agreement; with respect to the same good. 45. Neither No Party may apply or maintain an agricultural safeguard measure on a good: (a) on or after the date that the good is subject to duty-free treatment under the Party’s Schedule to Annex IV (Tariff Elimination), except as otherwise provided in Annex 3-A2.3; or (b) that increases the in-quota duty on a good that is subject to a TRQ. 56. A Party shall implement an agricultural safeguard measure in a transparent manner. Within 60 days after applying such a measure, the Party applying the measure shall notify the Party whose good is subject to the measure, in writing, and shall provide it relevant data concerning the measure. On request, the Party applying the measure shall consult with the Party whose good is subject to the measure regarding the application of the measure. 67. The operation A Party may maintain an agricultural safeguard measure only until the end of the calendar year in which the Party imposes the measure. 8. Originating goods from any Party shall not be subject to any duties applied pursuant to any agricultural safeguard measure taken under the WTO Agreement on Agriculture or any successor provisions thereof. 9. For purposes of this Article may be the subject of discussion and review Annex 2.18, agricultural safeguard measure means a measure described in the Joint Committee or any subcommittee on agriculture established pursuant to Article 19.2 (Joint Committee)paragraph 1.

Agricultural Safeguard Measures. 1. Notwithstanding Article 2.3 (Tariff Elimination)2.3, a Party may apply a measure in the form of an additional import duty on an originating agricultural good listed in that Party’s Schedule to Annex 3-A (Agricultural Safeguard Measures)2.18, provided that the conditions in paragraphs 2 through 5 8 are met. The sum of any such additional import duty and any other customs duty on such good shall not exceed the lesser least of: (a) the prevailing base tariff rate provided in the Schedule to Annex 2.3; (b) the most-favored-nation (“MFN”) applied rate of duty; or (b) the MFN applied rate of duty in effect on the day immediately preceding the date of entry into force of this Agreement; (c) the prevailing MFN applied rate of duty; or (d) the level of duty described in subparagraph 2(c) of Appendix I to Peru’s Schedule to Annex 2.3 or subparagraph 2(c) of Appendix I to Colombia’s Schedule to Annex 2.3, if applicable. 2. A Party may apply an agricultural safeguard measure during any calendar year (or, in the case of a good provided for in the subheadings listed in subparagraph 7(d) of Appendix I to Peru’s Schedule to Annex 2.3, during any marketing year) on an originating agricultural good if the quantity of imports of the good during such year exceeds the trigger level for that good set out in its Schedule to Annex 2.18. 3. The additional duty under paragraph 1 shall be set according to each Party’s Schedule to Annex 3-A.2.18. 34. Neither No Party may apply or maintain an agricultural safeguard measure and at the same time apply or maintain, with respect to the same good: (a) a safeguard measure under Chapter Eight (SafeguardsTrade Remedies); or (b) a measure under Article XIX of GATT 1994 and the Safeguards Agreement; with respect to the same good. 45. Neither No Party may apply or maintain an agricultural safeguard measure on a good: (a) on or after the date that the good is subject to duty-free treatment under the Party’s Schedule to Annex IV (Tariff Elimination), except as otherwise provided in Annex 3-A2.3; or (b) that increases the in-quota duty on a good that is subject to a TRQ. 56. A Party shall implement an agricultural safeguard measure in a transparent manner. Within 60 days after applying such a measure, the Party applying the measure shall notify the Party whose good is subject to the measure, in writing, and shall provide it relevant data concerning the measure. On request, the Party applying the measure shall consult with the Party whose good is subject to the measure regarding the application of the measure. 67. The operation A Party may maintain an agricultural safeguard measure only until the end of the calendar year or marketing year, as applicable, in which the Party imposes the measure. 8. Originating goods from any Party shall not be subject to any duties applied pursuant to any agricultural safeguard measure taken under the WTO Agreement on Agriculture or any successor provisions thereof. 9. For purposes of this Article may be the subject of discussion and review Annex 2.18, agricultural safeguard measure means a measure described in the Joint Committee or any subcommittee on agriculture established pursuant to Article 19.2 (Joint Committee)paragraph 1.

Agricultural Safeguard Measures. 1. Notwithstanding Article 2.3 (Tariff EliminationElimination of Duties), a Party may apply a measure in the form of an additional customs duty on an originating agricultural good listed in that Party’s 's Schedule to Annex 3-A (Agricultural Safeguard Measures), provided that the conditions in paragraphs 2 through 5 are met. The sum of any such additional customs duty and any other customs duty on such good shall not exceed the lesser of: (a) the prevailing most-favoredfavoured-nation (“"MFN”") applied rate of duty; or (b) the MFN applied rate of duty in effect on the day immediately preceding the date of entry into force of this Agreement. 2. The additional customs duty under paragraph 1 shall be set according to each Party’s 's Schedule to Annex 3-A. 3. Neither Party may apply or maintain an agricultural safeguard measure and at the same time apply or maintain, with respect to the same good: (a) a safeguard measure under Chapter Eight Nine (Safeguards); or or (b) a measure under Article XIX of GATT 1994 and the Safeguards Agreement. 4. Neither Party may apply or maintain an agricultural safeguard measure on a an originating agricultural good: (a) on or after the date that the a good is subject to duty-free treatment under the Party’s 's Schedule to Annex IV (Tariff Elimination)2-B, except as otherwise provided in Section C of Annex 3-A; or (b) that increases the in-quota duty on a good that is subject to a TRQtariff-rate quota. 5. A Party shall implement an agricultural safeguard measure in a transparent manner. Within 60 days after applying a measure, the Party applying the measure shall notify the Party whose good is subject to the measure, in writing, and shall provide it relevant data concerning the measure. On request, the Party applying the measure shall consult with the Party whose good is subject to the measure regarding the application of the measure. 6. The operation of this Article may be the subject of discussion and review in the Joint Committee or any subcommittee on agriculture established pursuant to Article 19.2 (Joint Committee).Agriculture. On request of either Party, the Committee on Agriculture shall review a trigger price set out in Annex 3-A.

Agricultural Safeguard Measures. 1. Notwithstanding Article 2.3 (Tariff Elimination)2.3, a Party may apply a measure in the form of an additional duty on an originating agricultural a higher set out in Annex 2C, consistent with this Article if the aggregate volume of imports of that good listed in that Party’s any year exceeds a trigger level as set out in its Schedule to set out in Annex 3-A (Agricultural Safeguard Measures), provided that the conditions in paragraphs 2 through 5 are met2C. 2. The sum of any such additional higher import duty and any other customs duty on such good under paragraph 1 shall not exceed the lesser of: (a) the prevailing most-favored-nation (“MFN”) applied rate of duty; orrate; (b) the MFN most-favored-nation (MFN) applied rate of duty in effect on the day immediately preceding the date of entry into force of this Agreement.; 2. The additional (c) the base rate set out in its Schedule set out in Annex 2B; or (d) the duty under paragraph 1 shall be set according to each Party’s out in its Schedule to set out in Annex 3-A.2C. 3. Neither Party may shall apply or maintain an agricultural safeguard measure under this Article and at the same time apply or maintain, with respect to the same good: (a) a bilateral safeguard measure under Chapter Eight (SafeguardsTrade Remedies); or; (b) a measure under Article XIX of GATT 1994 and the Safeguards Agreement. 4. Neither Party may apply or maintain an agricultural safeguard measure on a good: (a) on or after the date that the good is subject to duty-free treatment under the Party’s Schedule to Annex IV (Tariff Elimination), except as otherwise provided in Annex 3-A; or (bc) that increases a special safeguard measure under Article 5 of the in-quota duty on a good that is subject to a TRQAgriculture Agreement. 54. A Party shall implement an any agricultural safeguard measure in a transparent manner. Within 60 days after applying a imposing an agricultural safeguard measure, the Party applying the measure shall notify the other Party whose good is subject to in writing and provide the measure, in writing, and shall provide it other Party with relevant data concerning the measure. On requestUpon written request of the exporting Party, the Party applying the measure Parties shall consult with the Party whose good is subject to the measure regarding the application of the measure. 65. The Committee on Trade in Goods established under Article 2.17 may review and discuss the implementation and operation of this Article may be Article. 6. Neither Party shall apply or maintain an agricultural safeguard measure on an originating agricultural good if the subject of discussion and review period specified in the Joint Committee or any subcommittee on agriculture established pursuant to Article 19.2 (Joint Committee)agricultural safeguard provisions of set out in Annex 2C has expired.

Agricultural Safeguard Measures. 1. Notwithstanding Article 2.3 (Tariff Elimination)3.3, a each Party may apply a measure in the form of an additional import duty on an originating agricultural good listed in that Party’s Schedule to Annex 3-A (Agricultural Safeguard Measures)3.15, provided that the conditions in paragraphs 2 through 5 7 are met. The sum of any such additional import duty and any other customs duty on such good shall not exceed the lesser of: (a) the prevailing most-favored-nation (“MFN”) applied rate of duty; or or (b) the MFN applied rate of duty in effect on the day immediately preceding the date of entry into force of this Agreement. 2. A Party may apply an agricultural safeguard measure during any calendar year if the quantity of imports of the good during such year exceeds the trigger level for that good set out in its Schedule to Annex 3.15. 3. The additional duty under paragraph 1 shall be set according to each Party’s Schedule to Annex 3-A.3.15. 34. Neither No Party may apply or maintain an agricultural safeguard measure and at the same time apply or maintain, with respect to the same good: (a) a safeguard measure under Chapter Eight (SafeguardsTrade Remedies); or (b) a measure under Article XIX of the GATT 1994 and the Safeguards Agreement; with respect to the same good. 45. Neither No Party may apply or maintain an agricultural safeguard measure on a goodmeasure: (a) on or after the date that the a good is subject to duty-free treatment under the Party’s Schedule to Annex IV (Tariff Elimination), except as otherwise provided in Annex 3-A3.3; or (b) that increases the in-quota duty on a good that is subject to a TRQ. 56. A Each Party shall implement an agricultural safeguard measure in a transparent manner. Within 60 days after applying a measure, the a Party applying the measure shall notify the any Party whose good is subject to the measure, in writing, and shall provide it relevant data concerning the measure. On request, the Party applying the measure shall consult with the any Party whose good is subject to the measure regarding the application of the measure. 67. A Party may maintain an agricultural safeguard measure only until the end of the calendar year in which the Party applies the measure. 8. The Commission and the Committee on Agricultural Trade may review the implementation and operation of this Article. 9. For purposes of this Article may be the subject of discussion and review Annex 3.15, agricultural safeguard measure means a measure described in the Joint Committee or any subcommittee on agriculture established pursuant to Article 19.2 (Joint Committee)paragraph 1.