Bilateral Safeguard Measures. 1. Where, as a result of the reduction or elimination of a customs duty under this Agreement, any product originating in a Party is being imported into the territory of another Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to constitute a substantial cause of serious injury or threat thereof to the domestic industry of like or directly competitive products in the territory of the importing Party, the importing Party may take bilateral safeguard measures to the minimum extent necessary to remedy or prevent the injury, subject to the provisions of paragraphs 2 to 10.
2. Bilateral safeguard measures shall only be taken upon clear evidence that increased imports have caused or are threatening to cause serious injury pursuant to an investigation in accordance with the procedures laid down in the WTO Agreement on Safeguards.
3. The Party intending to take a bilateral safeguard measure under this Article shall immediately, and in any case before taking a measure, make notification to the other Parties and the Joint Committee. The notification shall contain all pertinent information, which shall include evidence of serious injury or threat thereof caused by increased imports, a precise description of the product involved and the proposed measure, as well as the proposed date of introduction, expected duration and timetable for the progressive removal of the measure. A Party that may be affected by the measure shall be offered compensation in the form of substantially equivalent trade liberalisation in relation to the imports from any such Party.
4. If the conditions set out in paragraph 1 are met, the importing Party may take measures consisting in increasing the rate of customs duty for the product to a level not to exceed the lesser of:
(a) the MFN rate of duty applied at the time the action is taken; or
(b) the MFN rate of duty applied on the day immediately preceding the date of the entry into force of this Agreement.
5. Bilateral safeguard measures shall be taken for a period not exceeding one year. In very exceptional circumstances, after review by the Joint Committee, measures may be taken up to a total maximum period of three years. No measure shall be applied to the import of a product which has previously been subject to such a measure.
6. The Joint Committee shall within 30 days from the date of notification examine the information provided under paragraph 3 in order to facilitate ...
Bilateral Safeguard Measures. 1. Subject to the provisions of this Article, each Party may take a bilateral safeguard measure, to the minimum extent necessary to prevent or remedy the serious injury to a domestic industry of that Party and to facilitate adjustment, if an originating good of the other Party, as a result of the elimination or reduction of a customs duty in accordance with Article 16, is being imported into the former Party in such increased quantities, in absolute terms, and under such conditions that the imports of that originating good constitute a substantial cause of serious injury, or threat of serious injury, to a domestic industry of the former Party.
2. A Party may, as a bilateral safeguard measure:
(a) suspend the further reduction of any rate of customs duty on the originating good provided for in this Chapter; or
(b) increase the rate of customs duty on the originating good to a level not to exceed the lesser of:
(i) the most-favoured-nation applied rate of customs duty in effect at the time when the bilateral safeguard measure is taken; and
(ii) the most-favoured-nation applied rate of customs duty in effect on the day immediately preceding the date of entry into force of this Agreement.
(a) A Party may take a bilateral safeguard measure only after an investigation has been carried out by the competent authorities of that Party in accordance with the same procedures as those provided for in Article 3 and subparagraph 2(c) of Article 4 of the Agreement on Safeguards in Annex 1A to the WTO Agreement, as may be amended (hereinafter referred to in this Article as “the Agreement on Safeguards”).
(b) The investigation referred to in subparagraph (a) shall in all cases be completed within one year following its date of initiation.
(c) In the investigation referred to in subparagraph
(a) to determine whether increased imports of an originating good have caused or are threatening to cause serious injury to a domestic industry under the terms of this Article, the competent authorities of a Party who carry out the investigation shall evaluate all relevant factors of an objective and quantifiable nature having a bearing on the situation of that domestic industry, in particular, the rate and amount of the increase in imports of the originating good in absolute terms, the share of the domestic market taken by the increased imports of the originating good, and the changes in the level of sales, production, productivity, capacity utilisation, profits and losses, and employme...
Bilateral Safeguard Measures. 1. All the substantive aspects, procedures and in general the application of the safeguard measures shall be governed by this Chapter, and Article XIX of GATT 1994, the Agreement on Safeguards and the applicable legislation for each Party as suppletory.
2. During the transition period, each Party may apply a safeguard measure according to the procedure established in this Chapter if, as a result of the reduction or elimination of a customs tariff in accordance with this Agreement, an originating good from the territory of a Party is being imported into the territory of the other Party, in such increased quantities, relative to domestic production and under such conditions as to constitute a substantial cause of serious injury, or a threat thereof, to the domestic industry of the like or directly competitive good. The importing Party will be able to the extent necessary to prevent or remedy serious injury, or the threat thereof:
a) suspend the further reduction of any customs tariff provided for under this Agreement on the good; or
b) increase the customs tariff on the good to a level not to exceed the lesser of:
i) the Most Favored Nation (MFN) applied customs tariff in effect at the time the measure is taken; or
ii) the MFN applied customs tariff in effect on the day immediately preceding the date of entry into force of this Agreement.
3. Guatemala shall have the right to extend the period of application of a safeguard measure for up to an additional two (2) years beyond the maximum period provided for in Article 6.02, paragraph 4.
4. The following conditions shall be observed in the proceeding that may result in the application of a safeguard measure according to paragraph 2:
a) a Party shall, without delay and in writing, notify the other Party of the initiation of the proceeding which could have as a consequence the application of a safeguard measure against a good originating in the territory of the other Party;
b) any safeguard measure shall be initiated no later than one (1) year from the date of the initiation of the procedure; except for what is established by the Article 6.04 paragraph 15.
c) no safeguard measure may be maintained:
i) for more than four (4) years, extendable for a period of four (4) additional consecutive years as provided in Article 6.04 paragraphs 27 through 29;
ii) after the termination of the transition period, unless with the consent of the Party against whose good the measure is applied.
d) a safeguard measure may be applie...
Bilateral Safeguard Measures. 1. Subject to the provisions of this Section, a Party may apply a bilateral safeguard measure if an originating good of the other Party, as a result of the elimination or reduction of a customs duty in accordance with Article 21, is being imported into the former Party in such increased quantities, in absolute terms, and under such conditions that the imports of that originating good constitute a substantial cause of serious injury, or threat thereof, to the domestic industry of the former Party.
2. If the conditions in paragraph 1 are met, a Party may, to the minimum extent necessary to prevent or remedy serious injury, and facilitate adjustment: (a) suspend the further reduction of any rate of customs duty on the originating good provided for in Section 1; or (b) increase the rate of customs duty on the originating good to a level not to exceed the least among: (i) the most-favored-nation applied rate of customs duty in effect on the day when the bilateral safeguard measure is applied; (ii) the Base Rate as specified in Column 3 of its Schedule in Annex 1; and Note 1: In the case of the elimination of customs duties on the date of entry into force of this Agreement, the most-favored-nation applied rate on April 1, 2009 shall be the Base Rate. Note 2: In the case of originating goods specified with "G" in Column 5 of the Schedule of Japan in Annex 1, the Base Rate shall be replaced by the most-favored-nation applied rate on April 1, 2009.
Bilateral Safeguard Measures. 1. Without prejudice to the provisions of Article 30 of this Chapter, after having examined alternative solutions, a Party may apply safeguard measures of limited duration which derogate from the provisions of Articles 20 and 21 of Chapter 1 concerning the elimination of customs duties, under the conditions and in accordance with the procedures laid down in this Article.
2. Safeguard measures as referred to in paragraph 1 may be taken where a product originating in the territory of one Party is being imported into the territory of the other Party in such increased quantities and under such conditions as to cause or threaten to cause:
(a) serious damage to the domestic industry producing like or directly competitive products in the territory of the importing Party, or
(b) disruption in a sector of the economy, particularly where this disruption gives rise to major social problems or difficulties which could seriously jeopardise the economic situation of the importing Party, or
(c) disruption in the markets of like or directly competitive agricultural products3 or in the mechanisms regulating those markets.
3. The safeguard measures referred to in this Article shall not exceed what is necessary to remedy or prevent the serious damage or disruption, as defined in paragraphs 2 and 5(b). Those safeguard measures of the importing Party may only consist of one or more of the following:
(a) the suspension of any further reduction of the applicable import duty provided for under this Agreement for the product concerned,
(b) an increase in the customs duty on the product concerned to a level which does not exceed the customs duty applied to other WTO Members, and
(c) the introduction of tariff quotas on the product concerned.
4. Without prejudice to the provisions of paragraphs 1, 2 and 3 above, where a product originating in one or more signatory Central African States is being imported in such increased quantities and under such conditions as to cause or threaten to cause one of the situations referred to under paragraphs 2(a), (b) and (c) above to one or more of the EC Party's outermost regions, the EC Party may take surveillance or safeguard measures limited to the region or regions concerned in accordance with the procedures laid down in paragraphs 6 to 9.
(a) Without prejudice to the provisions of paragraphs 1, 2 and 3 above, where a product originating in the EC Party is being imported in such increased quantities and under such conditions as to cause or thre...
Bilateral Safeguard Measures. Article 66
Bilateral Safeguard Measures. 1. Each Party may apply a safeguard measure to an originatinggood of the other Party in accordance with Article XIX of theGATT 1994 and the Agreement on Safeguards in Annex 1A to theWTO Agreement (hereinafter referred to in this Article as "theAgreement on Safeguards"), or Article 5 of the Agreement onAgriculture in Annex 1A to the WTO Agreement (hereinafterreferred to in this Article as "Agreement on Agriculture"). Anyaction taken pursuant to Article XIX of the GATT 1994 and theAgreement on Safeguards, or Article 5 of the Agreement onAgriculture shall not be subject to Chapter 13 of thisAgreement.
2. Each Party shall be free to apply a bilateral safeguardmeasure, to the minimum extent necessary to prevent or remedythe serious injury to a domestic industry of that Party and tofacilitate adjustment, if as an effect of the obligationsincurred by that Party under this Agreement, including tariffconcessions, or if as a result of unforeseen developments andof the effects of the obligations incurred by that Party underthis Agreement, an originating good of the other Party is beingimported in such increased quantities, in absolute terms orrelative to domestic production, and under such conditions asto cause or threaten to cause serious injury to the domesticindustry of the former Party that produces like or directlycompetitive goods in the former Party. 3. A Party shall not apply a bilateral safeguard measure xxxx originating good imported up to the limit of quota quantities granted under tariff rate quotas applied in accordance with its Schedule in Annex 1. 4. A Party applying a bilateral safeguard measure may: (a) suspend the further reduction of any customs duty onthe originating good of the other Party provided forunder this Chapter; or (b) increase the customs duty on the originating good ofthe other Party to a level not to exceed the lesserof: (i) the most-favored-nation applied rate on the xxxxxx effect on the day when the bilateral safeguardmeasure is applied; and (ii) the most-favored-nation applied rate on the xxxxxx effect on the day immediately preceding thedate of entry into force of this Agreement. 5.
(a) A Party may apply a bilateral safeguard measure only after an investigation has been carried out by thecompetent authorities of that Party in accordance with the same procedures as those provided for in Article3 and paragraph 2 of Article 4 of the Agreement onSafeguards.
(b) The investigation referred to in subparagraph (a)shall be completed within...
Bilateral Safeguard Measures. 1. During the transition period1, where, as a result of the reduction or elimination of a customs duty under this Agreement, a product originating in the territory of a Party is being imported into the territory of another Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to constitute a substantial cause2 of serious injury or threat thereof to the domestic industry of like or directly competitive products in the territory of the importing Party, the importing Party may take safeguard measures to the minimum extent necessary to remedy or prevent the injury, subject to the provisions of this Article.
2. Safeguard measures shall only be taken upon clear evidence that increased imports have caused or are threatening to cause serious injury pursuant to an investigation in accordance with the procedures and definitions laid down in Articles 3 and 4 of the Safeguard Agreement.
3. The Party intending to take or extend a safeguard measure under this Article shall, immediately and in any case no later than 30 days before taking a measure, make notification to the other Parties and the Joint Committee. The notification shall contain all pertinent information, which shall include evidence of serious injury or threat thereof caused by increased imports, a precise description of the product involved, and the proposed measure, as well as the date of completion of the investigation procedure referred to in paragraph 2, expected duration and timetable for the progressive removal of the measure.
4. A Party applying a bilateral safeguard measure shall, after consultations with the other Party, provide mutually agreed trade liberalisation compensation in the form of concessions having substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the measure. The Party applying the measure shall provide an opportunity for such consultations no later than 15 days after the application of the bilateral safeguard measure.
5. If the conditions in paragraphs 1 and 2 are met, the importing Party may to the extent necessary to prevent or remedy serious injury or threat thereof:
(a) suspend the further reduction of any rate of duty provided for under this Agreement for the product; or
Bilateral Safeguard Measures. 1. For purposes of this Article and Article 2 of this Chapter:
(a) competent investigating authority means:
(i) in the case of Israel, the Commissioner of Trade Levies, or its successor in the Ministry of Industry, Trade and Labor or the corresponding unit in the Ministry of Agriculture and Rural Development.
(ii) in the case of MERCOSUR, Ministerio de Economía y Producción or its successor in Argentina, Secretaria de Comércio Exterior do Ministério do Desenvolvimento, Indústria e Comércio Exterior or its successor in Brazil, Ministerio de Industria y Comercio or its successor in Paraguay, and Asesoría de Política Comercial del Ministerio de Economía y Finanzas or its successor in Uruguay ;
(b) domestic industry means the producers as a whole of the like or directly competitive goods operating in the territory of a Party or Signatory Party or whose collective output of the like or directly competitive goods constitutes a major proportion of the total production of such goods;
(c) good originating in the territory of a Party means an “originating good”, as defined in Chapter IV (Rules of Origin);
(d) interested parties means:
(i) exporter or foreign producer or the importer of goods subject to investigation, or a trade or business association, a majority of the members of which are producers, exporters or importers of such goods;
(ii) the government of the exporting Party; and
(iii) producer of the like or directly competitive goods in the importing Party or a trade and business association, the members of which produce the like or directly competitive goods in the territory of the importing Party including an enterprise established by law which represents the aforementioned producers;
(e) like good means a good which, although not alike in all respects, has like characteristics and like component materials which enable it to perform the same functions and to be commercially interchangeable with the good to which it is compared;
(f) serious injury means the significant overall impairment in the position of a domestic industry;
(g) threat of serious injury means “serious injury” that is clearly imminent, based on facts and not merely on allegation, conjecture or remote possibility.
2. Subject to Article 2 of this Chapter, if a good originating in the territory of a Party, as a result of the reduction or elimination of a customs duty provided for in this Agreement, is being imported into the territory of the other Party (hereinafter-preferential imports) in s...
Bilateral Safeguard Measures. 1. Subject to paragraphs 2, 3, 4, 5, 6, 7 and 8, if, as a result of the reduction or elimination of a customs duty under this Agreement, an originating good of the other Party is being imported into the territory of a Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions that the imports of such originating good from the other Party constitute a substantial cause of serious injury or threat thereof, to a domestic industry producing a like or directly competitive good, such Party may:
(a) suspend further reduction of any rate of customs duty provided for under this Agreement for such originating good; or
(b) increase the rate of customs duty on such originating good to a level not to exceed the lesser of:
(i) the most-favoured-nation (“MFN”) applied rate of duty on the good in effect at the time the action is taken; and
(ii) the MFN applied rate of duty on the good in effect on the day immediately preceding the date of entry into force of this Agreement.
2. A Party shall take a measure only following an investigation by that Party’s competent authorities in accordance with Article 3 and paragraph 2 of Article 4 of the WTO Agreement on Safeguards. To this end, Article 3 and paragraph 2 of Article 4 of the WTO Agreement on Safeguards are incorporated into and made a part of this Agreement, mutatis mutandis. The investigation shall in all cases be completed within one year following its date of initiation.
3. A Party shall notify the other Party in writing upon initiation of an investigation provided for in paragraph 2 and shall consult with the other Party as far in advance of taking any such measure as practicable, with a view to reviewing the information arising from the investigation, exchanging views on the measure and reaching an agreement on compensation as set out in paragraph 8. If a Party takes a provisional measure pursuant to paragraph 7, the Party shall also notify the other Party prior to taking such measure, and shall initiate consultations with the other Party immediately after such measure is taken.
4. No measure may be maintained:
(a) except to the extent and for such period of time as may be necessary to prevent or remedy serious injury and to facilitate adjustment; or
(b) for a period exceeding two (2) years; except that the period may be extended by up to two (2) years if the competent authorities determine, in conformity with the procedures set out in paragraphs 1 through 3, th...
