Common use of Agricultural Safeguard Measures Clause in Contracts

Agricultural Safeguard Measures. 1. A Party may apply a measure in the form of a higher import duty on an originating agricultural good listed in its Schedule included in Annex 3, consistent with paragraphs 2 through 8, if the aggregate volume of imports of that good in any year exceeds a trigger level as set out in its Schedule included in Annex 3. 2. The duty under paragraph 1 shall not exceed the lesser of the prevailing MFN applied rate, or the MFN applied rate of duty in effect on the day immediately preceding the date this Agreement enters into force, or the tariff rate set out in its Schedule included in Annex 3. 3. The duties each Party applies under paragraph 1 shall be set according to its Schedules included in Annex 3. 4. Neither Party may 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 in accordance with Article 3.1; (b) a measure under Article XIX of GATT 1994 and the Agreement on Safeguards; or (c) a special safeguard measure under Article 5 of the Agreement on Agriculture. 5. A Party shall implement any agricultural safeguard measure in a transparent manner. Within 60 days after imposing an agricultural safeguard measure, the Party applying the measure shall notify the other Party in writing and provide the other Party with relevant data concerning the measure. On the written request of the exporting Party, the Parties shall consult regarding the application of the measure. 6. The implementation and operation of this Article may be the subject of discussion and review in the Committee on Trade in Goods referred to in Article 2.16 (Committee on Trade in Goods). 7. Neither Party may apply or maintain an agricultural safeguard measure on an originating agricultural good: (a) if the period specified in the agricultural safeguard provisions of its Schedule included in Annex 3 has expired; or (b) if the measure increases the in-quota duty on a good subject to a TRQ set out in Appendix 2-A-1 of its Schedule included in Annex 2-A (Elimination of Customs Duties). 8. Any supplies of the goods in question which were en route on the basis of a contract made before the additional duty is imposed under paragraphs 1 through 4 shall be exempted from any such additional duty, provided that they may be counted in the volume of imports of the goods in question during the following year for the purpose of triggering paragraph 1 in that year.

Agricultural Safeguard Measures. 1. A Party may apply a measure in the form of a higher import duty on an originating agricultural good listed in its Schedule included in Annex 3, consistent with paragraphs 2 through 8, if the aggregate volume of imports of that good in any year exceeds a trigger level as set out in its Schedule included in Annex 3. 2. The duty under paragraph 1 shall not exceed the lesser of the prevailing MFN applied rate, or the MFN applied rate of duty in effect on the day immediately preceding the date this Agreement enters into force, or the tariff rate set out in its the Party’s Schedule included in Annex 3. 3. The duties each Party applies under paragraph 1 shall be set according to its Schedules included in Annex 3. 4. Neither Party may 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 in accordance with Article 3.1; (b) a measure under Article XIX of GATT 1994 and the Agreement on Safeguards; or (c) a special safeguard measure under Article 5 of the Agreement on Agriculture. 5. A Party shall implement any agricultural safeguard measure in a transparent manner. Within 60 days after imposing an agricultural safeguard measure, the Party applying the measure shall notify the other Party in writing and provide the other Party with relevant data concerning the measure. On the written request of the exporting Party, the Parties shall consult regarding the application of the measure. 6. The implementation and operation of this Article may be the subject of discussion and review in the Committee on Trade in Goods referred to in Article 2.16 (Committee on Trade in Goods). 7. Neither Party may apply or maintain an agricultural safeguard measure on an originating agricultural good: (a) if the period specified in the agricultural safeguard provisions of its Schedule included in Annex 3 has expired; or (b) if the measure increases the in-quota duty on a good subject to a TRQ set out in Appendix 2-A-1 of its Schedule included in Annex 2-A (Elimination of Customs Duties). 8. Any supplies of the goods in question which were en route on the basis of a contract made before the additional duty is imposed under paragraphs 1 through 4 shall be exempted from any such additional duty, provided that they may be counted in the volume of imports of the goods in question during the following year for the purpose of triggering paragraph 1 in that year.

Agricultural Safeguard Measures. 1. A Notwithstanding Article 2.3, a Party may apply a measure in the form of a higher an additional import duty on an originating agricultural good listed in its that Party’s Schedule included to Annex 2.18, provided that the conditions in Annex 3, consistent with paragraphs 2 through 8, if the aggregate volume of imports of that good in any year exceeds a trigger level as set out in its Schedule included in Annex 3. 28 are met. The sum of any such additional import duty under paragraph 1 and any other customs duty on such good shall not exceed the lesser of least of: (a) the prevailing MFN applied rate, or base tariff rate provided in the MFN Schedule to Annex 2.3; (b) the most-favored-nation (MFN) applied rate of duty in effect on the day immediately preceding the date of entry into force of this Agreement enters into forceAgreement; (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 if applicable. 2. A Party may apply an agricultural safeguard measure during any calendar year (or, in the tariff rate 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 included in to Annex 32.18. 3. The duties each Party applies additional duty under paragraph 1 shall be set according to its Schedules included in each Party’s Schedule to Annex 32.18. 4. Neither No Party may apply or maintain an agricultural safeguard measure under this Article and at the same time apply or maintain with respect to the same goodmaintain: (a) a bilateral safeguard measure in accordance with Article 3.1;under Chapter Eight (Trade Remedies); or (b) a measure under Article XIX of GATT 1994 and the Agreement Safeguards Agreement; with respect to the same good. 5. No Party may apply or maintain an agricultural safeguard measure on Safeguardsa good: (a) on or after the date that the good is subject to duty-free treatment under the Party’s Schedule to Annex 2.3; or (cb) that increases the in-quota duty on a special safeguard measure under Article 5 of the Agreement on Agriculturegood subject to a TRQ. 56. A Party shall implement any an agricultural safeguard measure in a transparent manner. Within 60 days after imposing an agricultural safeguard applying such 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 the other Party with it relevant data concerning the measure. On the written request of the exporting Partyrequest, the Parties Party applying the measure 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 Committee on Trade in Goods referred to in Article 2.16 (Committee on Trade in Goods). 7. Neither A Party may apply or maintain an agricultural safeguard measure on an originating agricultural good: (a) if only until the period specified end of the calendar year or marketing year, as applicable, in which the agricultural safeguard provisions of its Schedule included in Annex 3 has expired; or (b) if Party imposes the measure increases the in-quota duty on a good subject to a TRQ set out in Appendix 2-A-1 of its Schedule included in Annex 2-A (Elimination of Customs Duties)measure. 8. Any supplies of the Originating goods in question which were en route on the basis of a contract made before the additional duty is imposed under paragraphs 1 through 4 shall be exempted from any such additional dutyParty 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 and Annex 2.18, provided that they may be counted agricultural safeguard measure means a measure described in the volume of imports of the goods in question during the following year for the purpose of triggering paragraph 1 in that year1.

Agricultural Safeguard Measures. 1. A Party may apply a measure in the form of a higher import duty on an originating agricultural good listed in its Schedule included in Annex 3, consistent with paragraphs 2 through 8, if the aggregate volume of imports of that good in any year exceeds a trigger level as set out in its Schedule included in Annex 3. 2. The duty under paragraph 1 shall not exceed the lesser of the prevailing MFN applied rate, or the MFN applied rate of duty in effect on the day immediately preceding the date this Agreement enters into force, or the tariff rate set out in its the Party's Schedule included in Annex 3. 3. The duties each Party applies under paragraph 1 shall be set according to its Schedules included in Annex 3. 4. Neither Party may 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 in accordance with Article 3.1; (b) a measure under Article XIX of GATT 1994 and the Agreement on Safeguards; or (c) a special safeguard measure under Article 5 of the Agreement on Agriculture. 5. A Party shall implement any agricultural safeguard measure in a transparent manner. Within 60 days after imposing an agricultural safeguard measure, the Party applying the measure shall notify the other Party in writing and provide the other Party with relevant data concerning the measure. On the written request of the exporting Party, the Parties shall consult regarding the application of the measure. 6. The implementation and operation of this Article may be the subject of discussion and review in the Committee on Trade in Goods referred to in Article 2.16 (Committee on Trade in Goods). 7. Neither Party may apply or maintain an agricultural safeguard measure on an originating agricultural good: (a) if the period specified in the agricultural safeguard provisions of its Schedule included in Annex 3 has expired; or (b) if the measure increases the in-quota duty on a good subject to a TRQ set out in Appendix 2-A-1 of its Schedule included in Annex 2-A (Elimination of Customs Duties). 8. Any supplies of the goods in question which were en route on the basis of a contract made before the additional duty is imposed under paragraphs 1 through 4 shall be exempted from any such additional duty, provided that they may be counted in the volume of imports of the goods in question during the following year for the purpose of triggering paragraph 1 in that year.

Agricultural Safeguard Measures. 1. A Party may apply a measure in the form of a higher import duty on an originating agricultural good listed in its Schedule included in Annex 3, consistent with paragraphs 2 through 8, if the aggregate volume of imports of that good in any year exceeds a trigger level as set out in its Schedule included in Annex 3. 2. The duty under paragraph 1 shall not exceed the lesser of the prevailing MFN applied rate, or the MFN applied rate of duty in effect on the day immediately preceding the date this Agreement enters into force1 July 2011, or the tariff rate set out in its the Party's Schedule included in Annex 3. 3. The duties each Party applies under paragraph 1 shall be set according to its Schedules included in Annex 3. 4. Neither Party may 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 in accordance with Article 3.1; (b) a measure under Article XIX of GATT 1994 and the Agreement on Safeguards; or (c) a special safeguard measure under Article 5 of the Agreement on Agriculture. 5. A Party shall implement any agricultural safeguard measure in a transparent manner. Within 60 days after imposing an agricultural safeguard measure, the Party applying the measure shall notify the other Party in writing and provide the other Party with relevant data concerning the measure. On the written request of the exporting Party, the Parties shall consult regarding the application of the measure. 6. The implementation and operation of this Article may be the subject of discussion and review in the Committee on Trade in Goods referred to in Article 2.16 (Committee on Trade in Goods). 7. Neither Party may apply or maintain an agricultural safeguard measure on an originating agricultural good: (a) if the period specified in the agricultural safeguard provisions of its Schedule included in Annex 3 has expired; or (b) if the measure increases the in-quota duty on a good subject to a TRQ set out in Appendix 2-A-1 2 A 1 of its Schedule included in Annex 2-A (Elimination of Customs Duties). 8. Any supplies of the goods in question which were en route on the basis of a contract made before the additional duty is imposed under paragraphs 1 through 4 shall be exempted from any such additional duty, provided that they may be counted in the volume of imports of the goods in question during the following year for the purpose of triggering paragraph 1 in that year.

Agricultural Safeguard Measures. 1. A Notwithstanding Article 2.4, a Party may apply a measure safeguard measure, in the form of a higher import duty on an originating agricultural good listed in its that Party's Schedule included in Annex 3, consistent with paragraphs 2 through 82-B, if the aggregate volume of imports of that good in any year exceeds a trigger level as set out in its Schedule included in Annex 3.2-B. 2. The duty under paragraph 1 shall not exceed the lesser of of: (a) the prevailing MFN applied rate, or ; (b) the MFN applied rate of duty in effect on the day immediately preceding the date of entry into force of this Agreement enters into force, Agreement; or (c) the tariff duty rate set out in its Schedule included in Annex 3.2-B. 3. The duties each Party applies under paragraph 1 shall be set according to its Schedules included in Annex 3. 4. Neither Party may shall apply or maintain an agricultural safeguard measure under this Article and at the same time apply or maintain maintain, with respect to the same good: : (a) a bilateral safeguard measure in accordance with Article 3.1; under this Agreement; (b) a measure under Article XIX of GATT 1994 and the Agreement on SafeguardsSafeguards Agreement; or or (c) a special safeguard an Agriculture Safeguard measure taken under Article 5 of the Agreement on Agriculture. 4. A Party shall maintain an agricultural safeguard measure under this Section only until the end of the calendar year in which it applies the measure. 5. A Party shall implement any agricultural safeguard measure in a transparent manner. Within 60 days after imposing an agricultural safeguard applying a measure, the Party applying the measure shall notify the other Party in writing and provide the other Party it with relevant data concerning the measure. On the written request of the exporting other Party, the Parties Party applying the measure shall consult with the Party whose good is subject to the measure regarding the application of the measure. A Party shall ensure that the remaining volume of imports available before application of the safeguard is published regularly in a manner which is readily accessible to the other Party and traders. 6. A good which is en-route on the basis of a contract settled before the agricultural safeguard measure is applied shall be exempted from the application of the safeguard measure provided that it may be counted in the volume of imports of the good in question during the following calendar year for the purposes of triggering the provisions of paragraph 1 in that calendar year. 7. The implementation and operation of this Article may be the subject of discussion and review in the Committee on Trade in Goods referred to in established under Article 2.16 (Committee on Trade in Goods)2.15. 7. Neither Party may apply or maintain an agricultural safeguard measure on an originating agricultural good: (a) if the period specified in the agricultural safeguard provisions of its Schedule included in Annex 3 has expired; or (b) if the measure increases the in-quota duty on a good subject to a TRQ set out in Appendix 2-A-1 of its Schedule included in Annex 2-A (Elimination of Customs Duties). 8. Any supplies of the goods in question which were en route on the basis of a contract made before the additional duty is imposed under paragraphs 1 through 4 shall be exempted from any such additional duty, provided that they may be counted in the volume of imports of the goods in question during the following year for the purpose of triggering paragraph 1 in that year.

Agricultural Safeguard Measures. 1. A Party may apply a measure in the form of a higher import duty on an originating agricultural good listed in its Schedule included in Annex 3, consistent with paragraphs 2 through 8, if the aggregate volume of imports of that good in any year exceeds a trigger level as set out in its Schedule included in Annex 3. 2. The duty under paragraph 1 shall not exceed the lesser of the prevailing MFN applied rate, or the MFN applied rate of duty in effect on the day immediately preceding the date this Agreement enters into force1 July 2011, or the tariff rate set out in its the Party's Schedule included in Annex 3. 3. The duties each Party applies under paragraph 1 shall be set according to its Schedules included in Annex 3. 4. Neither Party may 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 in accordance with Article 3.1; (b) a measure under Article XIX of GATT 1994 and the Agreement on Safeguards; or (c) a special safeguard measure under Article 5 of the Agreement on Agriculture. 5. A Party shall implement any agricultural safeguard measure in a transparent manner. Within 60 days after imposing an agricultural safeguard measure, the Party applying the measure shall notify the other Party in writing and provide the other Party with relevant data concerning the measure. On the written request of the exporting Party, the Parties shall consult regarding the application of the measure. 6. The implementation and operation of this Article may be the subject of discussion and review in the Committee on Trade in Goods referred to in Article 2.16 (Committee on Trade in Goods). 7. Neither Party may apply or maintain an agricultural safeguard measure on an originating agricultural good: (a) if the period specified in the agricultural safeguard provisions of its Schedule included in Annex 3 has expired; or (b) if the ifthe measure increases the in-quota duty on a good subject to a TRQ set out in Appendix 2-A-1 2 A 1 of its Schedule included in Annex 2-A (Elimination of Customs Duties). 8. Any supplies of the goods in question which were en route on the basis of a contract made before the additional duty is imposed under paragraphs 1 through 4 shall be exempted from any such additional duty, provided that they may be counted in the volume of imports of the goods in question during the following year for the purpose of triggering paragraph 1 in that year.

Agricultural Safeguard Measures. 1. A Party may apply a measure in the form of a higher import duty on an originating agricultural good listed in its Schedule included in Annex 3, consistent with paragraphs 2 through 8, if the aggregate volume of imports of that good in any year exceeds a trigger level as set out in its Schedule included in Annex 3. 2. The duty under paragraph 1 shall not exceed the lesser of the prevailing MFN applied rate, or the MFN applied rate of duty in effect on the day immediately preceding the date this Agreement enters into force, or the tariff rate set out in its Schedule included in Annex 3. 3. The duties each Party applies under paragraph 1 shall be set according to its Schedules included in Annex 3. 4. Neither Party may 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 in accordance with Article 3.1; (b) a measure under Article XIX of GATT 1994 and the Agreement on Safeguards; or (c) a special safeguard measure under Article 5 of the Agreement on Agriculture. 5. A Party shall implement any agricultural safeguard measure in a transparent manner. Within 60 days after imposing an agricultural safeguard measure, the Party applying the measure shall notify the other Party in writing and provide the other Party with relevant data concerning the measure. On the written request of the exporting Party, the Parties shall consult regarding the application of the measure. 6. The implementation and operation of this Article may be the subject of discussion and review in the Committee on Trade in Goods referred to in Article 2.16 (Committee on Trade in Goods). 7. Neither Party may apply or maintain an agricultural safeguard measure on an originating agricultural good: (a) if the period specified in the agricultural safeguard provisions of its Schedule included in Annex 3 has expired; or (b) if the measure increases the in-quota duty on a good subject to a TRQ set out in Appendix 2-A-1 of its Schedule included in Annex 2-A (Elimination of Customs Duties). 8. Any supplies of the goods in question which were en route on the basis of a contract made before the additional duty is imposed under paragraphs 1 through 4 shall be exempted from any such additional duty, provided that they may be counted in the volume of imports of the goods in question during the following year for the purpose of triggering paragraph 1 in that year.. SECTION C

Agricultural Safeguard Measures. 1. A Notwithstanding Article 3.3, each Party may apply a measure in the form of a higher an additional import duty on an originating agricultural good listed in its that Party’s Schedule included to Annex 3.15, provided that the conditions in Annex 3, consistent with paragraphs 2 through 8, if the aggregate volume of imports of that good in any year exceeds a trigger level as set out in its Schedule included in Annex 3. 27 are met. The sum of any such additional import duty under paragraph 1 and any other customs duty on such good shall not exceed the lesser of of: (a) the prevailing MFN most-favored-nation (MFN) applied rate, or 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 enters into force, or Agreement. 2. A Party may apply an agricultural safeguard measure during any calendar year if the tariff rate quantity of imports of the good during such year exceeds the trigger level for that good set out in its Schedule included in to Annex 33.15. 3. The duties each Party applies additional duty under paragraph 1 shall be set according to its Schedules included in each Party’s Schedule to Annex 33.15. 4. Neither No Party may apply or maintain an agricultural safeguard measure under this Article and at the same time apply or maintain with respect to the same goodmaintain: (a) a bilateral safeguard measure in accordance with Article 3.1;under Chapter Eight (Trade Remedies); or (b) a measure under Article XIX of the GATT 1994 and the Agreement on SafeguardsSafeguards Agreement; or (c) a special safeguard measure under Article 5 of with respect to the Agreement on Agriculturesame good. 5. A No Party may apply or maintain an agricultural safeguard measure: (a) on or after the date that a good is subject to duty-free treatment under the Party’s Schedule to Annex 3.3; or 6. Each Party shall implement any an agricultural safeguard measure in a transparent manner. Within 60 days after imposing an agricultural safeguard applying a measure, a Party shall notify 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 notify consult with any Party whose good is subject to the other Party in writing and provide the other Party with relevant data concerning the measure. On the written request of the exporting Party, the Parties shall consult 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 may be the subject of discussion and review in the Committee on Trade in Goods referred to in Article 2.16 (Committee on Trade in Goods)Article. 79. Neither Party may apply or maintain an For purposes of this Article and Annex 3.15, agricultural safeguard measure on an originating agricultural good: (a) if the period specified means a measure described in the agricultural safeguard provisions of its Schedule included in Annex 3 has expired; or (b) if the measure increases the in-quota duty on a good subject to a TRQ set out in Appendix 2-A-1 of its Schedule included in Annex 2-A (Elimination of Customs Duties)paragraph 1. 8. Any supplies of the goods in question which were en route on the basis of a contract made before the additional duty is imposed under paragraphs 1 through 4 shall be exempted from any such additional duty, provided that they may be counted in the volume of imports of the goods in question during the following year for the purpose of triggering paragraph 1 in that year.