Common use of Agricultural Safeguard Clause in Contracts

Agricultural Safeguard. 1. Notwithstanding the provisions of Article 22, a Party may apply an agricultural safeguard measure in the form of additional import duties on originating agricultural goods included in its list of Annex IV (Agricultural Safeguard Measures), provided that the conditions set out in this Article are met. The amount of any additional import duty and any other customs duty on such goods may not exceed the lesser of: (a) the MFN rate applied; or (b) the base tariff rate as specified in Annex I (Tariff Elimination Schedules). 2. A Party may apply a quantity-based safeguard measure during any calendar year if at the entry of an originating good in its customs territory the amount of imports of the originating good during such year exceeds the trigger level for such good set out in the list of the Party in Annex IV (Agricultural Safeguard Measures). 3. Any additional duty applied by a Party under paragraphs 1 and 2 shall be in accordance with the list of the Party in Annex IV (Agricultural Safeguard Measures). 4. No Party may apply an agricultural safeguard measure under this Article while at the same time adopting or maintaining with respect to the same good: (a) a safeguard measure under Chapter 2 (Trade Remedies); or (b) a measure under Article XIX of GATT 1994 and Safeguards Agreement. 5. No Party may adopt or maintain an agricultural safeguard measure: (a) as from the date on which a good is subject to duty-free treatment under Annex I (Tariff Elimination Schedules), except as otherwise provided in subparagraph (b); or (b) after the expiry of the transition period set out in the list of the Party in Annex IV (Agricultural Safeguard Measures); or (c) that increases a customs duty within a tariff rate quota. 6. Within 10 days from the application of an agricultural safeguard measure pursuant to paragraphs 1 and 2, the Party applying the measure shall notify in writing to the exporting Party concerned, and shall provide relevant data and justification for the measure. The Party applying the measure shall provide the exporting Party concerned with an opportunity to consult regarding the conditions for its application in accordance with such paragraphs. 7. Each Party shall maintain its rights and obligations under Article 5 of the Agreement on Agriculture except for agricultural trade subject to preferential treatment.

Agricultural Safeguard. 1. Notwithstanding the provisions of Article 22, a Party may apply an agricultural safeguard measure in the form of additional import duties on originating agricultural goods included in its list of Annex IV (Agricultural Safeguard Measures), provided that the conditions set out in this Article are met. The amount of any additional import duty and any other customs duty on such goods may not exceed the lesser of: : (a) the MFN rate applied; or or (b) the base tariff rate as specified in Annex I (Tariff Elimination Schedules). 2. A Party may apply a quantity-based safeguard measure during any calendar year if at the entry of an originating good in its customs territory the amount of imports of the originating good during such year exceeds the trigger level for such good set out in the list of the Party in Annex IV (Agricultural Safeguard Measures). 3. Any additional duty applied by a Party under paragraphs 1 and 2 shall be in accordance with the list of the Party in Annex IV (Agricultural Safeguard Measures). 4. No Party may apply an agricultural safeguard measure under this Article while at the same time adopting or maintaining with respect to the same good: : (a) a safeguard measure under Chapter 2 (Trade Remedies); or or (b) a measure under Article XIX of GATT 1994 and Safeguards Agreement. . 5. No Party may adopt or maintain an agricultural safeguard measure: : (a) as from the date on which a good is subject to duty-free treatment under Annex I (Tariff Elimination Schedules), except as otherwise provided in subparagraph (b); or or (b) after the expiry of the transition period set out in the list of the Party in Annex IV (Agricultural Safeguard Measures); or or (c) that increases a customs duty within a tariff rate quota. 6. Within 10 days from the application of an agricultural safeguard measure pursuant to paragraphs 1 and 2, the Party applying the measure shall notify in writing to the exporting Party concerned, and shall provide relevant data and justification for the measure. The Party applying the measure shall provide the exporting Party concerned with an opportunity to consult regarding the conditions for its application in accordance with such paragraphs. 7. Each Party shall maintain its rights and obligations under Article 5 of the Agreement on Agriculture except for agricultural trade subject to preferential treatment.

Agricultural Safeguard. 1. Notwithstanding the provisions of Article 22X on the Elimination of Customs Duties, a Party may apply an agricultural safeguard measure in the form of additional import duties on originating agricultural goods included in its list of the Annex IV XX (Agricultural Safeguard Measures), provided that the conditions set out in this Article article are met. The amount of any additional import duty and any other customs duty on such goods may not exceed the lesser of: (a) the MFN rate of Most Favoured Nation (MFN) applied; or (b) the The base tariff rate as specified in Annex I X.6 (Tariff Elimination SchedulesSchedule). 2. A Party may apply a quantity-quantity based safeguard measure during any calendar year if at the entry of an originating good in its customs territory the amount of imports of the originating good during such year exceeds the trigger level for such good set out in the list List of the Party set out in the Annex IV XX (Agricultural Safeguard Measures). 2. Any additional duty applied in accordance with the previous paragraph shall be established according to the List of the Party set out in the Annex XX (Agricultural Safeguard Measures). 3. Any additional duty applied by a Party under paragraphs 1 and 2 shall be in accordance with the list of the Party in Annex IV (Agricultural Safeguard Measures). 4. No Neither Party may apply an agricultural safeguard measure under this Article while and at the same time adopting apply or maintaining maintain the safeguard measure with respect to the a same good: (a) a safeguard measure under Chapter 2 XX (Trade Remedies); ) of this Agreement, or (b) a measure under Article XIX of GATT 1994 and the Agreement on Safeguards Agreementof WTO. 54. No Party may adopt apply or maintain an agricultural safeguard measure: (a) as from On the date date, or thereafter, on which a good is subject to duty-free treatment under in the Annex I X.6 (Tariff Elimination SchedulesSchedule), except as otherwise provided mentioned in subparagraph point (b) of Annex XX (Agricultural Safeguard measures); , or (b) after the expiry of After the transition period included in the List of the Party set out in the list of the Party in Annex IV XX (Agricultural Safeguard MeasuresSafeguard); , or (c) that increases a the customs duty or tariff within a tariff rate quota. 65. Within 10 ten (10) days from after the application of an agricultural safeguard measure pursuant to paragraphs 1 and 2as described in paragraph 1, the Party applying enforcing the measure shall notify in writing to the exporting Party concernedwhich goods are subject to the measure, and shall provide relevant the pertinent data and the justification for regarding the measure. The Party applying enforcing the measure shall provide the exporting Party concerned with an whose goods are subject to the measure the opportunity to consult regarding the conditions for its application in accordance with such paragraphsconditions. 76. Each Party shall maintain its rights and obligations under Article 5 of the WTO Agreement on Agriculture except for agricultural trade subject to preferential treatmenttreatment as established in this Agreement.

Agricultural Safeguard. 1. Notwithstanding the provisions of Article 22, a Party may apply an agricultural safeguard measure in the form of additional import duties on originating agricultural goods included in its list of Annex IV (Agricultural Agri­ cultural Safeguard Measures), provided that the conditions set out in this Article are met. The amount of any additional import duty and any other customs duty on such goods may not exceed the lesser of: (a) the MFN rate applied; or (b) the base tariff rate as specified in Annex I (Tariff Elimination Schedules). 2. A Party may apply a quantity-based safeguard measure during any calendar year if at the entry of an originating good in its customs territory the amount of imports of the originating good during such year exceeds the trigger level for such good set out in the list of the Party in Annex IV (Agricultural Safeguard Measures). 3. Any additional duty applied by a Party under paragraphs 1 and 2 shall be in accordance with the list of the Party in Annex IV (Agricultural Agri­ cultural Safeguard Measures). 4. No Party may apply an agricultural safeguard measure under this Article while at the same time adopting or maintaining with respect to the same good: (a) a safeguard measure under Chapter 2 (Trade Remedies); or (b) a measure under Article XIX of GATT 1994 and Safeguards Agreement. 5. No Party may adopt or maintain an agricultural safeguard measure: (a) as from the date on which a good is subject to duty-free treatment under Annex I (Tariff Elimination Schedules), except as otherwise provided in subparagraph (b); or (b) after the expiry of the transition period set out in the list of the Party in Annex IV (Agricultural Safeguard Measures); or (c) that increases a customs duty within a tariff rate quota. 6. Within 10 days from the application of an agricultural safeguard measure pursuant to paragraphs 1 and 2, the Party applying the measure shall notify in writing to the exporting Party concerned, and shall provide relevant data and justification for the measure. The Party applying the measure shall provide the exporting Party concerned with an opportunity to consult regarding the conditions for its application appli­ cation in accordance with such paragraphs. 7. Each Party shall maintain its rights and obligations under Article 5 of the Agreement on Agriculture except for agricultural trade subject to preferential treatment.treatment.‌‌