Common use of Bilateral Safeguard Measures Clause in Contracts

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 threaten to cause one of the situations referred to under paragraphs 2(a), (b) and (c) above to a signatory Central African State, this signatory Central African State may take surveillance or safeguard measures limited to its territory in accordance with the procedures laid down in paragraphs 6 to 9. (b) A signatory Central African State may take safeguard measures where a product originating in the EC Party, following the reduction of customs duties, is being imported into its territory in such increased quantities and under such conditions as to cause or threaten to cause disruption to an infant industry producing 3 For the purposes of this Article, agricultural products shall be those covered by Annex I of the WTO Agreement on Agriculture. like or directly competitive products. This clause shall be applicable for a period of fifteen years from the date on which this Agreement enters into force. Measures must be taken in accordance with the provisions of paragraphs 6 to 9. (a) The safeguard measures referred to in this Article shall be maintained only for such time as is necessary to prevent or remedy the serious damage or disruption as defined in paragraphs 2, 4 and 5 above. (b) The safeguard measures referred to in this Article shall be applied for a period not exceeding two years. Where the circumstances warranting the imposition of safeguard measures continue to exist, such measures may be extended for a further period of no more than two years. Where the signatory Central African States or a signatory Central African State applies a safeguard measure, or where the EC Party takes safeguard measures limited to the territory of one or more of its outermost regions, such measures may nevertheless be applied for a period not exceeding four years and, where the circumstances warranting the imposition of safeguard measures continue to exist, be extended for a further maximum period of four years. (c) The safeguard measures referred to in this Article which exceed one year shall have a clear timetable for being phased out by the end of the set period, at the latest. (d) No safeguard measure referred to in this Article shall be applied to a product that has previously been subject to such a measure for a period of at least one year since the expiry of the measure. 7. For the implementation of the above paragraphs, the following provisions shall apply: (a) Where a Party is of the opinion that one of the circumstances referred to in paragraphs 2, 4 and/or 5 exists, it shall immediately refer the matter to the EPA Committee. (b) The EPA Committee may make recommendations to remedy the circumstances which have arisen. If the EPA Committee has not made recommendations to remedy the circumstances, or if a satisfactory solution has not been reached within 30 days of the matter being referred, the importing Party may adopt the appropriate measures to remedy the situation in accordance with this Article. (c) Before taking any measure provided for in this Article or, in the cases to which paragraph 8 applies, the Party concerned shall, as soon as possible, supply the EPA Committee with all information required for a thorough examination of the situation, with a view to seeking a solution acceptable to the Parties concerned. (d) In selecting safeguard measures, priority must be given to those which solve the problem rapidly and effectively and disturb the functioning of this Agreement as little as possible. (e) All safeguard measures taken in accordance with this Article shall be notified immediately to the EPA Committee and shall be the subject of periodic consultations within that body, particularly with a view to establishing a timetable for their termination as soon as circumstances permit. 8. Where exceptional circumstances require immediate measures, the importing Party concerned, whether the EC Party, the signatory Central African States or a signatory Central African State, may take the measures provided for in paragraphs 3, 4 and/or 5 on a provisional basis without complying with the requirements of paragraph 7. Such action may be taken for a maximum period of 180 days where measures are taken by the EC Party and 200 days where measures are taken by the signatory Central African States or a signatory Central African State, or where measures taken by the EC Party are limited to the territory of one or more of its outermost regions. The duration of any such provisional measure shall be counted as part of the period of duration of the measures and of any extension as referred to in paragraph 6. When taking such provisional measures, the interests of all stakeholders shall be taken into account. The importing Party concerned shall inform the other Party and shall refer the matter to the EPA Committee for examination. 9. If an importing Party subjects imports of a product to an administrative procedure having as its purpose the rapid provision of information on the trend of trade flows liable to give rise to the problems referred to in this Article, it shall inform the EPA Committee without delay. 10. The WTO Agreement shall not be invoked to prevent a Party from adopting safeguard measures in accordance with the provisions of this Article.

Bilateral Safeguard Measures. 1. Without prejudice to the provisions of Article 30 of this Chapter30, 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 duties21, 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 products (4) 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(b4(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. (a) Without prejudice to the provisions of paragraphs 1, 2 and 3 above3, where a product originating in one or more signatory Central African States the UK 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 paragraph 2(a), (b) and (c) above to one or more of the EC Party's outermost regionsCameroon, 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 threaten to cause one of the situations referred to under paragraphs 2(a), (b) and (c) above to a signatory Central African State, this signatory Central African State Cameroon may take surveillance or safeguard measures limited to its territory in accordance with the procedures laid down in paragraphs 6 5 to 9.8; (b) A signatory Central African State Cameroon may take safeguard measures where a product originating in the EC PartyUK, following the reduction of customs duties, is being imported into its territory in such increased quantities and under such conditions as to cause or threaten to cause disruption to an infant industry producing 3 For the purposes of this Article, agricultural products shall be those covered by Annex I of the WTO Agreement on Agriculture. like or directly competitive products. This clause shall be applicable for a period of fifteen years from the date on which this Agreement enters into forceuntil 3 August 2029. Measures must be taken in accordance with the provisions of paragraphs 6 5 to 98. (a) The safeguard measures referred to in this Article shall be maintained only for such time as is necessary to prevent or remedy the serious damage or disruption as defined in paragraphs 22 and 4, 4 and 5 above.; (b) The safeguard measures referred to in this Article shall be applied for a period not exceeding two years. Where the circumstances warranting the imposition of safeguard measures continue to exist, such measures may be extended for a further period of no more than two years. Where the signatory Central African States or a signatory Central African State Cameroon applies a safeguard measure, or where the EC Party takes safeguard measures limited to the territory of one or more of its outermost regions, such measures may nevertheless be applied for a period not exceeding four years and, where the circumstances warranting the imposition of safeguard measures continue to exist, be extended for a further maximum period of four years.; (c) The safeguard measures referred to in this Article which exceed one year shall have a clear timetable for being phased out by the end of the set period, at the latest.; (d) No safeguard measure referred to in this Article shall be applied to a product that has previously been subject to such a measure for a period of at least one year since the expiry of the measure. 76. For the implementation of the above paragraphsparagraphs 1 to 5, the following provisions shall apply: (a) Where a Party is of the opinion that one of the circumstances referred to in paragraphs 2, 2 and/or 4 and/or 5 exists, it shall immediately refer the matter to the EPA Committee.; (b) The EPA Committee may make recommendations to remedy the circumstances which have arisen. If the EPA Committee has not made recommendations to remedy the circumstances, or if a satisfactory solution has not been reached within 30 days of the matter being referred, the importing Party may adopt the appropriate measures to remedy the situation in accordance with this Article.; (c) Before taking any measure provided for in this Article or, in the cases to which paragraph 8 7 applies, the Party concerned shall, as soon as possible, supply the EPA Committee with all information required for a thorough examination of the situation, with a view to seeking a solution acceptable to the Parties concerned.; (d) In selecting safeguard measures, priority must be given to those which solve the problem rapidly and effectively and disturb the functioning of this Agreement as little as possible.; (e) All safeguard measures taken in accordance with this Article shall be notified immediately to the EPA Committee and shall be the subject of periodic consultations within that body, particularly with a view to establishing a timetable for their termination as soon as circumstances permit. 87. Where exceptional circumstances require immediate measures, the importing Party concerned, whether the EC Party, the signatory Central African States or a signatory Central African State, concerned may take the measures provided for in paragraphs 3, 3 and/or 4 and/or 5 on a provisional basis without complying with the requirements of paragraph 76. Such action may be taken for a maximum period of 180 days where measures are taken by the EC Party UK and 200 days where measures are taken by the signatory Central African States or a signatory Central African State, or where measures taken by the EC Party are limited to the territory of one or more of its outermost regionsCameroon. The duration of any such provisional measure shall be counted as part of the period of duration of the measures and of any extension as referred to in paragraph 65. When taking such provisional measures, the interests of all stakeholders shall be taken into account. The importing Party concerned shall inform the other Party and shall refer the matter to the EPA Committee for examination. 98. If an importing Party subjects imports of a product to an administrative procedure having as its purpose the rapid provision of information on the trend of trade flows liable to give rise to the problems referred to in this Article, it shall inform the EPA Committee without delay. 109. The relevant WTO Agreement Agreements shall not be invoked to prevent a Party from adopting safeguard measures in accordance with the provisions of this Article.

Bilateral Safeguard Measures. 1. Without prejudice to After examining the provisions of Article 30 of this Chapter, after having examined alternative solutions, a Party may apply take safeguard measures of limited duration which derogate from the provisions of Articles 20 12 and 21 of Chapter 1 concerning the elimination of customs duties13, under the conditions of, and in accordance with with, the procedures laid down in by this Article. 2. Safeguard The 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 injury to the domestic industry producing like of similar or directly competitive products in the territory of the importing Party, or; (b) disruption disruptions in a sector of the economy, particularly where this disruption gives rise to these disruptions produce major social problems or difficulties which could seriously jeopardise bring about serious deterioration in the economic situation of the importing Party, ; or (c) disruption disruptions in the markets of like for similar or directly competitive agricultural products3 agri­ cultural products (1) or in of the mechanisms regulating those marketsthese markets in the territory of the importing Party. 3. The safeguard measures referred to in this Article shall not exceed what that which is strictly necessary to prevent or remedy serious injury or prevent the serious damage or disruption, disruptions as defined in paragraphs 2 2, 4 and 5(b)5. Those These safeguard measures of the importing Party may consist only consist of one or more of the following: (a) the suspension of any further reduction of in the customs duty on imports applicable import duty provided for under this Agreement for the product concerned,, as provided for by this Agreement; (b) an increase in the customs duty on the product concerned up 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 Notwithstanding paragraphs 11 and 2, 2 and 3 above, where when a product originating in one or more signatory Central African States Côte d'Ivoire 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 described in paragraphs 2(a), (b) and (c) above to in one or more outermost regions of the EC Party's outermost regions, the EC Party may take surveillance or safeguard measures measures, as provided for in paragraph 3, limited to the region or regions region(s) concerned and in accordance with the procedures laid down defined in paragraphs 6 to 9. (a) Without prejudice to the provisions of paragraphs 1, 2 and 3 above, where When a product originating in the EC Party 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 described in paragraphs 2(a), (b) and (c) above to a signatory Central African State), this signatory Central African State Côte d'Ivoire may take surveillance or safeguard measures limited to its territory in accordance with the procedures laid down defined in paragraphs 6 to 9.; (b) A signatory Central African State Notwithstanding paragraphs 1 and 2, Côte d'Ivoire may take safeguard measures where as provided for in paragraph 3 when a product originating in the EC Party, following the reduction of customs duties, Party is being imported into its territory in such increased quantities and under such conditions as to cause or threaten to cause disruption disturbances to an infant industry producing 3 For the purposes of this Article, agricultural products shall be those covered by Annex I of the WTO Agreement on Agriculture. like similar or directly competitive products. This clause Such provision shall be applicable only for a period of fifteen ten years from the date on which of entry into force of this Agreement enters into forceAgreement. Measures However, this period may be extended subject to an agreement between the Parties when, despite the development potential of the industry and the efforts actually made, this objective has not been achieved owing in particular to the world economic situation or to serious problems affecting Côte d'Ivoire. The measures must be taken in accordance compliance with the provisions of paragraphs 6 to 9. (a) The safeguard measures referred to in this Article shall be maintained main­ tained only for such time as is the period necessary to prevent or remedy the resolve serious damage or disruption disruptions such as defined those described in paragraphs 2, 4 and 5 above5; (1) For the purposes of this Article, agricultural products shall be those covered by Annex I to the WTO Agreement on Agriculture. (b) The safeguard measures referred to in this Article shall be applied for a period not exceeding two years. Where the circumstances circum­ stances warranting the imposition of safeguard measures continue to exist, such measures may be extended for a further period of no more than two years. Where the signatory Central African States or a signatory Central African State Côte d'Ivoire applies a safeguard measure, or where the EC Party takes safeguard measures applies a measure limited to the territory of one or more of its outermost regions, such measures this measure may nevertheless be applied for a period not exceeding of no more than four years and, where when the circumstances warranting justifying the imposition of safeguard measures continue to exist, be extended for a further maximum period of four years.four-year period; (c) The safeguard measures referred to in this Article which exceed one year shall have be accompanied by clear evidence of a clear timetable for being phased out progressive move towards eliminating the causes of the damage and disruptions and the measures at the latest by the end of the set established period, at the latest.; (d) No Except in exceptional circumstances subject to the assessment of the EPA Committee, no safeguard measure measures referred to in this Article shall be applied to a product that which has previously been subject to such a measure for a period of at least one year since from the date of expiry of the this measure. 7. For the implementation of the above paragraphs, the The following provisions shall applyapply for implementation of paragraphs 1 to 6: (a) Where When a Party is of the opinion considers that one of the circumstances referred to in paragraphs 2, 4 and/or 5 exists, it shall immediately refer the matter to the EPA Committee.; (b) The EPA Committee may can make recommendations any necessary recommendation to remedy the circumstances which have arisen. If Where the EPA Committee has not made recommendations to remedy the circumstancescircum­ stances, or if where a satisfactory solution has not been reached within found in the 30 days of the matter being referredfollowing notification to this Committee, the importing Party may adopt the appropriate measures to remedy the situation circumstances, in accordance with this Article.; (c) Before taking any a measure provided for in this Article or, in the cases referred to which in paragraph 8 applies, the Party concerned shall8, as soon as possible, supply the Party concerned shall communicate to the EPA Committee with all information required which can be used for a thorough full examination of the situation, situation with a view to seeking a finding an acceptable solution acceptable to for the Parties concerned.Parties; (d) In When selecting safeguard measures, priority must be given to those which help to efficiently and rapidly solve the problem rapidly and effectively and disturb problem, while causing the least possible disruption to the smooth functioning of this Agreement as little as possible.Agreement; (e) All safeguard measures taken in accordance with this Article shall be notified immediately to the EPA Committee and shall be the subject of periodic consultations within that body, particularly with a view to establishing a timetable for their termination abolition as soon as circumstances permit. 8. Where exceptional circumstances require immediate measuresaction, the importing Party concerned, whether the EC PartyParty or Côte d'Ivoire, as the signatory Central African States or a signatory Central African Statecase may be, may take the measures provided for in paragraphs 3, 4 and/or 5 on a provisional basis and without complying with meeting the requirements of paragraph 7. Such action may be taken for a maximum period of 180 days where the measures are taken by the EC Party and 200 days where when the measures are taken by the signatory Central African States or a signatory Central African StateCôte d'Ivoire, or where when the measures taken by of the EC Party are limited to the territory of one or more of its outermost regions. The duration of any such provisional measure measures shall be counted as a part of the initial period of duration of the measures and or of any extension as referred to in paragraph 6. When taking such these provisional measures, the interests of all stakeholders shall must be taken into account. The importing Party party concerned shall inform the other Party and shall immediately refer the matter to the EPA Committee for examination.examination.‌‌‌ 9. If an importing Party party subjects imports of a product to an administrative admin­ istrative procedure having as its purpose the rapid provision of information on the trend of trade flows liable to give rise to the problems referred to in this Article, it shall inform the EPA Committee without delay. 10. The WTO Agreement shall not be invoked to prevent a Party from adopting safeguard measures in accordance with the provisions of under this Article.

Bilateral Safeguard Measures. 1. Without prejudice to After examining the provisions of Article 30 of this Chapter, after having examined alternative solutions, a Party may apply take safeguard measures of limited duration which derogate from the provisions of Articles 20 12 and 21 13 of Chapter 1 concerning the elimination of customs duties1, under the conditions of, and in accordance with with, the procedures laid down in by this Article. 2. Safeguard The safeguard measures as referred to in paragraph 1 above 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 injury to the domestic industry producing like of similar or directly competitive products in the territory of the importing Party, or; (b) disruption disruptions in a sector of the economy, particularly where this disruption gives rise to these disruptions produce major social problems or difficulties which could seriously jeopardise bring about serious deterioration in the economic situation of the importing Party, or; (c) disruption disruptions in the markets of like for similar or directly competitive agricultural products3 or in of the mechanisms regulating those marketsthese markets in the territory of the importing Party. 3. The safeguard measures referred to in this Article shall not exceed what that which is strictly necessary to prevent or remedy serious injury or prevent the serious damage or disruption, disruptions as defined in paragraphs 2 2, 4 and 5(b)5. Those These safeguard measures of the importing Party may consist only consist of one or more of the following: (a) the suspension of any further reduction of in the customs duty on imports applicable import duty provided for under this Agreement for the product concerned, as provided for by this Agreement, (b) an increase in the customs duty on the product concerned up 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 Notwithstanding paragraphs 1, 1 and 2 and 3 above, where when a product originating in one or more signatory Central African States Côte d’Ivoire 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 described above in paragraphs 2(a), (b) and (c) above to in one or more outermost regions of the EC Party's outermost regions, the EC Party may take surveillance or safeguard measures measures, as provided for in paragraph 3 above, limited to the region or regions region(s) concerned and in accordance with the procedures laid down defined in paragraphs 6 to 9. (a) Without prejudice to the provisions of paragraphs 1, 2 and 3 above, where When a product originating in the EC Party 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 described in paragraphs 2(a), (b) and (c) above to a signatory Central African Stateabove, this signatory Central African State Côte d’Ivoire may take surveillance or safeguard measures limited to its territory in accordance with the procedures laid down defined in paragraphs 6 to 9. (b) A signatory Central African State Notwithstanding paragraphs 1 and 2 above, Côte d’Ivoire may take safeguard measures where as provided for in paragraph 3 above when a product originating in the EC Party, following the reduction of customs duties, Party is being imported into its territory in such increased quantities and under such conditions as to cause or threaten to cause disruption disturbances to an infant a fledgling industry producing 3 For the purposes of this Article, agricultural products shall be those covered by Annex I of the WTO Agreement on Agriculture. like similar or directly competitive products. This clause Such provision shall be applicable only for a period of fifteen ten years from the date on which of entry into force of this Agreement enters into forceAgreement. Measures However, this period may be extended subject to an agreement between the Parties when, despite the development potential of the industry and the efforts actually made, this objective has not been achieved owing in particular to the world economic situation or to serious problems affecting Côte d’Ivoire. The measures must be taken in accordance compliance with the provisions of paragraphs 6 to 9. (a) The safeguard measures referred to in this Article shall be maintained only for such time as is necessary to prevent or remedy the serious damage or disruption as defined in paragraphs 2, 4 and 5 above. (b) The safeguard measures referred to in this Article shall be applied for a period not exceeding two years. Where the circumstances warranting the imposition of safeguard measures continue to exist, such measures may be extended for a further period of no more than two years. Where the signatory Central African States or a signatory Central African State applies a safeguard measure, or where the EC Party takes safeguard measures limited to the territory of one or more of its outermost regions, such measures may nevertheless be applied for a period not exceeding four years and, where the circumstances warranting the imposition of safeguard measures continue to exist, be extended for a further maximum period of four years. (c) The safeguard measures referred to in this Article which exceed one year shall have a clear timetable for being phased out by the end of the set period, at the latest. (d) No safeguard measure referred to in this Article shall be applied to a product that has previously been subject to such a measure for a period of at least one year since the expiry of the measure. 7. For the implementation of the above paragraphs, the following provisions shall apply: (a) Where a Party is of the opinion that one of the circumstances referred to in paragraphs 2, 4 and/or 5 exists, it shall immediately refer the matter to the EPA Committee. (b) The EPA Committee may make recommendations to remedy the circumstances which have arisen. If the EPA Committee has not made recommendations to remedy the circumstances, or if a satisfactory solution has not been reached within 30 days of the matter being referred, the importing Party may adopt the appropriate measures to remedy the situation in accordance with this Article. (c) Before taking any measure provided for in this Article or, in the cases to which paragraph 8 applies, the Party concerned shall, as soon as possible, supply the EPA Committee with all information required for a thorough examination of the situation, with a view to seeking a solution acceptable to the Parties concerned. (d) In selecting safeguard measures, priority must be given to those which solve the problem rapidly and effectively and disturb the functioning of this Agreement as little as possible. (e) All safeguard measures taken in accordance with this Article shall be notified immediately to the EPA Committee and shall be the subject of periodic consultations within that body, particularly with a view to establishing a timetable for their termination as soon as circumstances permit. 8. Where exceptional circumstances require immediate measures, the importing Party concerned, whether the EC Party, the signatory Central African States or a signatory Central African State, may take the measures provided for in paragraphs 3, 4 and/or 5 on a provisional basis without complying with the requirements of paragraph 7. Such action may be taken for a maximum period of 180 days where measures are taken by the EC Party and 200 days where measures are taken by the signatory Central African States or a signatory Central African State, or where measures taken by the EC Party are limited to the territory of one or more of its outermost regions. The duration of any such provisional measure shall be counted as part of the period of duration of the measures and of any extension as referred to in paragraph 6. When taking such provisional measures, the interests of all stakeholders shall be taken into account. The importing Party concerned shall inform the other Party and shall refer the matter to the EPA Committee for examination. 9. If an importing Party subjects imports of a product to an administrative procedure having as its purpose the rapid provision of information on the trend of trade flows liable to give rise to the problems referred to in this Article, it shall inform the EPA Committee without delay. 10. The WTO Agreement shall not be invoked to prevent a Party from adopting safeguard measures in accordance with the provisions of this Article.

Bilateral Safeguard Measures. 1. Without prejudice to After examining the provisions of Article 30 of this Chapter, after having examined alternative solutions, a Party may apply take safeguard measures of limited duration which derogate from the provisions of Articles 20 12 and 21 of Chapter 1 concerning the elimination of customs duties13, under the conditions of, and in accordance with with, the procedures laid down in by this Article. 2. Safeguard The 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 injury to the domestic industry producing like of similar or directly competitive products in the territory of the importing Party, or; (b) disruption disruptions in a sector of the economy, particularly where this disruption gives rise to these disruptions produce major social problems or difficulties which could seriously jeopardise bring about serious deterioration in the economic situation of the importing Party, ; or (c) disruption disruptions in the markets of like for similar or directly competitive agricultural products3 products (3) or in of the mechanisms regulating those marketsthese markets in the territory of the importing Party. 3. The safeguard measures referred to in this Article shall not exceed what that which is strictly necessary to prevent or remedy serious injury or prevent the serious damage or disruption, disruptions as defined in paragraphs 2 2, 4 and 5(b)5. Those These safeguard measures of the importing Party may consist only consist of one or more of the following: (a) the suspension of any further reduction of in the customs duty on imports applicable import duty provided for under this Agreement for the product concerned,, as provided for by this Agreement; (b) an increase in the customs duty on the product concerned up 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 Notwithstanding paragraphs 11 and 2, 2 and 3 above, where when a product originating in one or more signatory Central African States Côte d'Ivoire 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 described in paragraphs 2(a), (b) and (c) above to in one or more outermost regions of the EC Party's outermost regions, the EC Party may take surveillance or safeguard measures measures, as provided for in paragraph 3, limited to the region or regions region(s) concerned and in accordance with the procedures laid down defined in paragraphs 6 to 9. (a) Without prejudice to the provisions of paragraphs 1, 2 and 3 above, where When a product originating in the EC Party 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 described in paragraphs 2(a), (b) and (c) above to a signatory Central African State), this signatory Central African State Côte d'Ivoire may take surveillance or safeguard measures limited to its territory in accordance with the procedures laid down defined in paragraphs 6 to 9.; (b) A signatory Central African State Notwithstanding paragraphs 1 and 2, Côte d'Ivoire may take safeguard measures where as provided for in paragraph 3 when a product originating in the EC Party, following the reduction of customs duties, Party is being imported into its territory in such increased quantities and under such conditions as to cause or threaten to cause disruption disturbances to an infant industry producing 3 For the purposes of this Article, agricultural products shall be those covered by Annex I of the WTO Agreement on Agriculture. like similar or directly competitive products. This clause Such provision shall be applicable only for a period of fifteen ten years from the date on which of entry into force of this Agreement enters into forceAgreement. Measures However, this period may be extended subject to an agreement between the Parties when, despite the development potential of the industry and the efforts actually made, this objective has not been achieved owing in particular to the world economic situation or to serious problems affecting Côte d'Ivoire. The measures must be taken in accordance compliance with the provisions of paragraphs 6 to 9. (a) The safeguard measures referred to in this Article shall be maintained only for such time as is the period necessary to prevent or remedy the resolve serious damage or disruption disruptions such as defined those described in paragraphs 2, 4 and 5 above.5; (b) The safeguard measures referred to in this Article shall be applied for a period not exceeding two years. Where the circumstances warranting the imposition of safeguard measures continue to exist, such measures may be extended for a further period of no more than two years. Where the signatory Central African States or a signatory Central African State Côte d'Ivoire applies a safeguard measure, or where the EC Party takes safeguard measures applies a measure limited to the territory of one or more of its outermost regions, such measures this measure may nevertheless be applied for a period not exceeding of no more than four years and, where when the circumstances warranting justifying the imposition of safeguard measures continue to exist, be extended for a further maximum period of four years.four-year period; (c) The safeguard measures referred to in this Article which exceed one year shall have be accompanied by clear evidence of a clear timetable for being phased out progressive move towards eliminating the causes of the damage and disruptions and the measures at the latest by the end of the set established period, at the latest.; (d) No Except in exceptional circumstances subject to the assessment of the EPA Committee, no safeguard measure measures referred to in this Article shall be applied to a product that which has previously been subject to such a measure for a period of at least one year since from the date of expiry of the this measure. 7. For the implementation of the above paragraphs, the The following provisions shall applyapply for implementation of paragraphs 1 to 6: (a) Where When a Party is of the opinion considers that one of the circumstances referred to in paragraphs 2, 4 and/or 5 exists, it shall immediately refer the matter to the EPA Committee.; (b) The EPA Committee may can make recommendations any necessary recommendation to remedy the circumstances which have arisen. If Where the EPA Committee has not made recommendations to remedy the circumstances, or if where a satisfactory solution has not been reached within found in the 30 days of the matter being referredfollowing notification to this Committee, the importing Party may adopt the appropriate measures to remedy the situation circumstances, in accordance with this Article.; (c) Before taking any a measure provided for in this Article or, in the cases referred to which in paragraph 8 applies, the Party concerned shall8, as soon as possible, supply the Party concerned shall communicate to the EPA Committee with all information required which can be used for a thorough full examination of the situation, situation with a view to seeking a finding an acceptable solution acceptable to for the Parties concerned.Parties; (d) In When selecting safeguard measures, priority must be given to those which help to efficiently and rapidly solve the problem rapidly and effectively and disturb problem, while causing the least possible disruption to the smooth functioning of this Agreement as little as possible.Agreement; (e) All safeguard measures taken in accordance with this Article shall be notified immediately to the EPA Committee and shall be the subject of periodic consultations within that body, particularly with a view to establishing a timetable for their termination abolition as soon as circumstances permit. 8. Where exceptional circumstances require immediate measuresaction, the importing Party concerned, whether the EC PartyParty or Côte d'Ivoire, as the signatory Central African States or a signatory Central African Statecase may be, may take the measures provided for in paragraphs 3, 4 and/or 5 on a provisional basis and without complying with meeting the requirements of paragraph 7. Such action may be taken for a maximum period of 180 days where the measures are taken by the EC Party and 200 days where when the measures are taken by the signatory Central African States or a signatory Central African StateCôte d'Ivoire, or where when the measures taken by of the EC Party are limited to the territory of one or more of its outermost regions. The duration of any such provisional measure measures shall be counted as a part of the initial period of duration of the measures and or of any extension as referred to in paragraph 6. When taking such these provisional measures, the interests of all stakeholders shall must be taken into account. The importing Party party concerned shall inform the other Party and shall immediately refer the matter to the EPA Committee for examination. 9. If an importing Party party subjects imports of a product to an administrative procedure having as its purpose the rapid provision of information on the trend of trade flows liable to give rise to the problems referred to in this Article, it shall inform the EPA Committee without delay. 10. The WTO Agreement shall not be invoked to prevent a Party from adopting safeguard measures in accordance with the provisions of under this Article.

Bilateral Safeguard Measures. 1. Without prejudice to After examining the provisions of Article 30 of this Chapter, after having examined alternative solutions, a Party may apply take safeguard measures of limited duration which derogate from the provisions of Articles 20 12 and 21 13 of Chapter 1 concerning the elimination of customs duties1, under the conditions of, and in accordance with with, the procedures laid down in by this Article. 2. Safeguard The safeguard measures as referred to in paragraph 1 above 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 injury to the domestic industry producing like of similar or directly competitive products in the territory of the importing Party, or; (b) disruption disruptions in a sector of the economy, particularly where this disruption gives rise to these disruptions produce major social problems or difficulties which could seriously jeopardise bring about serious deterioration in the economic situation of the importing Party, or; (c) disruption disruptions in the markets of like for similar or directly competitive agricultural products3 products 3 or in of the mechanisms regulating those marketsthese markets in the territory of the importing Party. 3. The safeguard measures referred to in this Article shall not exceed what that which is strictly necessary to prevent or remedy serious injury or prevent the serious damage or disruption, disruptions as defined in paragraphs 2 2, 4 and 5(b)5. Those These safeguard measures of the importing Party may consist only consist of one or more of the following: (a) the suspension of any further reduction of in the customs duty on imports applicable import duty provided for under this Agreement for the product concerned, as provided for by this Agreement, (b) an increase in the customs duty on the product concerned up 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 Notwithstanding paragraphs 1, 1 and 2 and 3 above, where when a product originating in one or more signatory Central African States Côte d’Ivoire 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 described above in paragraphs 2(a), (b) and (c) above to in one or more outermost regions of the EC Party's outermost regions, the EC Party may take surveillance or safeguard measures measures, as provided for in paragraph 3 above, limited to the region or regions region(s) concerned and in accordance with the procedures laid down defined in paragraphs 6 to 9. (a) Without prejudice to the provisions of paragraphs 1, 2 and 3 above, where When a product originating in the EC Party 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 described in paragraphs 2(a), (b) and (c) above to a signatory Central African Stateabove, this signatory Central African State Côte d’Ivoire may take surveillance or safeguard measures limited to its territory in accordance with the procedures laid down defined in paragraphs 6 to 9. (b) A signatory Central African State Notwithstanding paragraphs 1 and 2 above, Côte d’Ivoire may take safeguard measures where as provided for in paragraph 3 above when a product originating in the EC Party, following the reduction of customs duties, Party is being imported into its territory in such increased quantities and under such conditions as to cause or threaten to cause disruption disturbances to an infant a fledgling industry producing 3 For the purposes of this Article, agricultural products shall be those covered by Annex I of the WTO Agreement on Agriculture. like similar or directly competitive products. This clause Such provision shall be applicable only for a period of fifteen ten years from the date on which of entry into force of this Agreement enters into forceAgreement. Measures However, this period may be extended subject to an agreement between the Parties when, despite the development potential of the industry and the efforts actually made, this objective has not been achieved owing in particular to the world economic situation or to serious problems affecting Côte d’Ivoire. The measures must be taken in accordance compliance with the provisions of paragraphs 6 to 9. (a) The safeguard measures referred to in this Article shall be maintained only for such time as is the period necessary to prevent or remedy the resolve serious damage or disruption disruptions such as defined those described in paragraphs 2, 4 and 5 above. (b) The safeguard measures referred to in this Article shall be applied for a period not exceeding two years. Where the circumstances warranting the imposition of safeguard measures continue to exist, such measures may be extended for a further period of no more than two years. Where the signatory Central African States or a signatory Central African State Côte d’Ivoire applies a safeguard measure, or where the EC Party takes safeguard measures applies a measure limited to the territory of one or more of its outermost regions, such measures this measure may nevertheless be applied for a period not exceeding of no more than four years and, where when the circumstances warranting justifying the imposition of safeguard measures continue to exist, be extended for a further maximum period of four yearsfour-year period. (c) The safeguard measures referred to in this Article which exceed one year shall have be accompanied by clear evidence of a clear timetable for being phased out progressive move towards eliminating the causes of the damage and disruptions and the measures at the latest by the end of the set established period, at the latest. (d) No Except in exceptional circumstances subject to the assessment of the EPA Committee, no safeguard measure measures referred to in this Article shall be applied to a product that which has previously been subject to such a measure for a period of at least one year since from the date of expiry of the this measure. 7. For the The following provisions shall apply for implementation of the above paragraphs, the following provisions shall apply: (a) Where When a Party is of the opinion considers that one of the circumstances referred to in paragraphs 2, 4 and/or 5 exists, it shall immediately refer the matter to the EPA Committee. (b) The EPA Committee may can make recommendations any necessary recommendation to remedy the circumstances which have arisen. If Where the EPA Committee has not made recommendations to remedy the circumstances, or if where a satisfactory solution has not been reached within 30 found in the thirty days of the matter being referredfollowing notification to this Committee, the importing Party may adopt the appropriate measures to remedy the situation circumstances, in accordance with this Article. (c) Before taking any a measure provided for in this Article or, in the cases referred to which in paragraph 8 applies, the Party concerned shallof this Article, as soon as possible, supply the Party concerned shall communicate to the EPA Committee with all information required which can be used for a thorough full examination of the situation, situation with a view to seeking a finding an acceptable solution acceptable to for the Parties concernedParties. (d) In When selecting safeguard measures, priority must be given to those which help to efficiently and rapidly solve the problem rapidly and effectively and disturb problem, while causing the least possible disruption to the smooth functioning of this Agreement as little as possibleAgreement. (e) All safeguard measures taken in accordance with this Article shall be notified immediately to the EPA Committee and shall be the subject of periodic consultations within that body, particularly with a view to establishing a timetable for their termination abolition as soon as circumstances permit. 8. Where exceptional circumstances require immediate measuresaction, the importing Party concerned, whether the EC Party, the signatory Central African States Party or a signatory Central African StateCôte d’Ivoire, may take the measures provided for in paragraphs 3, 4 and/or 5 on a provisional basis and without complying with meeting the requirements of paragraph 7. Such action may be taken for a maximum period of 180 days where the measures are taken by the EC Party and 200 days where when the measures are taken by the signatory Central African States or a signatory Central African StateCôte d’Ivoire, or where when the measures taken by of the EC Party are limited to the territory of one or more of its outermost regions. The duration of any such provisional measure measures shall be counted as a part of the initial period of duration of the measures and or of any extension as referred to in paragraph 6. When taking such these provisional measures, the interests of all stakeholders shall must be taken into account. The importing Party party concerned shall inform the other Party and shall immediately refer the matter to the EPA Committee for examination. 9. If an importing Party party subjects imports of a product to an administrative procedure having as its purpose the rapid provision of information on the trend of trade flows liable to give rise to the problems referred to in this Article, it shall inform the EPA Committee without delay. 10. The WTO Agreement shall not be invoked to prevent a Party from adopting safeguard measures in accordance compliance with the provisions of this Article.