Common use of Conditions and Limitations Clause in Contracts

Conditions and Limitations. 1. A Party shall only apply a bilateral safeguard measure following an investigation by its competent authorities in accordance with Article 3 and subparagraph 2(c) of Article 4 of the Safeguards Agreement. To that end, Article 3 and subparagraph 2(c) of Article 4 of the Safeguards Agreement are incorporated into and made part of this Agreement, mutatis mutandis. 2. A Party shall notify the other Party in writing of the initiation of the investigation referred to in paragraph 1 and consult with the other Party as far as practicable in advance of applying a bilateral safeguard measure, with a view to reviewing the information arising from the investigation and exchanging views on the measure. 3. In the investigation referred to in paragraph 1, the Party shall comply with the requirements of subparagraph 2(a) of Article 4 of the Safeguards Agreement. To that end, subparagraph 2(a) of Article 4 of the Safeguards Agreement is incorporated into and made part of this Agreement, mutatis mutandis. 4. The investigation shall also demonstrate, on the basis of objective evidence, the existence of a causal link between increased imports and the serious injury or threat thereof. The investigation shall also take into consideration the existence of any factor other than increased imports which may also cause injury at the same time. 5. Each Party shall ensure that its competent authorities complete the investigation referred to in paragraph 1 within one year of the date of its initiation. 6. A Party shall not apply a bilateral safeguard measure: (a) except to the extent, and for such time, as it is necessary to prevent or remedy serious injury and to facilitate adjustment; (b) for a period exceeding two years, except that the period may be extended by up to two years if the competent authorities of the importing Party determine, in conformity with the procedures set out in this Article, that the measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the industry is adjusting, provided that the total period of application of a safeguard measure, including the period of initial application and any extension thereof, does not exceed four years; or (c) beyond the expiration of the transition period, except with the consent of the other Party. 7. In order to facilitate adjustment in a situation where the expected duration of a bilateral safeguard measure is more than two years, the Party applying the measure shall progressively liberalise the measure at regular intervals during the period of application. 8. When a Party terminates a bilateral safeguard measure, the rate of customs duty shall be the rate that, according to its schedule included in Annex 2-A (Reduction or Elimination of Customs Duties), would have been in effect but for the measure.

Conditions and Limitations. 1. A Party shall only apply a bilateral safeguard measure following an investigation by its competent authorities in accordance with Article 3 and subparagraph 2(c) of Article 4 of the Safeguards Agreement. To that end, Article 3 and subparagraph 2(c) of Article 4 of the Safeguards Agreement are incorporated into and made part of this Agreement, mutatis mutandis. 2. A Party shall notify the other Party in writing of the initiation of the an investigation referred to described in paragraph 1 2 and consult with the other Party Party, as far as practicable in advance of applying a bilateral safeguard measuremeasure as practicable, with a view to reviewing the information arising from the investigation and exchanging views on the measure. 2. A Party shall apply a bilateral safeguard measure only following an investigation by its competent authorities in accordance with Articles 3 and 4.2(c) of the Agreement on Safeguards. To that end, Articles 3 and 4.2(c) of the Agree­ ment on Safeguards are incorporated into this Agreement and made part thereof, mutatis mutandis. 3. In When conducting the investigation referred to described in paragraph 12 of this Article, the Party shall comply with the requirements of subparagraph 2(aArticle 4.2(a) of Article 4 of the Safeguards AgreementAgreement on Safeguards. To that end, subparagraph 2(aArticle 4.2(a) of Article 4 of the Safeguards Agreement on Safe­ guards is incorporated into this Agreement and made part of this Agreementthereof, mutatis mutandis. 4. The investigation shall also demonstrate, on the basis of objective evidence, the existence of a causal link between increased imports and the serious injury or threat thereof. The investigation shall also take into consideration the existence of any factor other than increased imports which may also cause injury at the same time. 5. Each Party shall ensure that its competent authorities complete the any investigation referred to described in paragraph 1 2 within one year of the date of its initiation. 65. A Neither Party shall not may apply a bilateral safeguard measure: (a) except to the extent, and for such time, as it is may be necessary to prevent or remedy serious injury and to facilitate adjustmentthe adjustment of the domestic industry; (b) for a period exceeding two years. However, except that the period may be extended by up to two years if the competent authorities author­ ities of the importing Party determine, in conformity accordance with the procedures set out specified in this Article, that the measure continues to be necessary to prevent or remedy serious injury and to facilitate the adjustment of the domestic industry and that there is evidence that the industry is adjusting, provided that the total period of application of a safeguard measure, including the period of initial application and any extension thereof, does shall not exceed four years; or; (c) beyond the expiration of the transition transitional period; or (d) with respect to the same product, except with at the consent same time as a measure under Article XIX of GATT 1994 and the other PartyAgree­ ment on Safeguards is applied. 7. In order to facilitate adjustment in a situation where the expected duration of a bilateral safeguard measure is more than two years, the Party applying the measure shall progressively liberalise the measure at regular intervals during the period of application. 86. When a Party terminates a bilateral safeguard measure, the rate of customs duty shall be the rate that, according to its schedule Schedule included in Annex 2-A (Reduction or Elimination of Customs Duties)XV to this Agreement, would have been in effect but for the measure.

Conditions and Limitations. 1. A Party shall only apply a bilateral safeguard measure following an investigation by its competent authorities in accordance with Article 3 and subparagraph 2(c) of Article 4 of the Safeguards Agreement. To that end, Article 3 and subparagraph 2(c) of Article 4 of the Safeguards Agreement are incorporated into and made part of this Agreement, mutatis mutandis. 2. A Party shall notify the other Party in writing of the initiation of the an investigation referred to described in paragraph 1 2 and consult with the other Party as far as practicable in advance of applying a bilateral safeguard measuremeasure as practicable, with a view to reviewing the information arising from the investigation and exchanging views on the measure. 2. A Party shall apply a bilateral safeguard measure only following an investigation by its competent authorities in accordance with Articles 3 and 4.2(c) of the Safeguards Agreement and to this end, Articles 3 and 4.2(c) of the Safeguards Agreement are incorporated into and made part of this Agreement, mutatis mutandis. 3. In the investigation referred to described in paragraph 12, the Party shall comply with the requirements of subparagraph 2(aArticle 4.2(a) of Article 4 of the Safeguards Agreement. To that Agreement and to this end, subparagraph 2(aArticle 4.2(a) of Article 4 of the Safeguards Agreement is incorporated into and made part of this Agreement, mutatis mutandis. 4. The investigation shall also demonstrate, on the basis of objective evidence, the existence of a causal link between increased imports and the serious injury or threat thereof. The investigation shall also take into consideration the existence of any factor other than increased imports which may also cause injury at the same time. 5. Each Party shall ensure that its competent authorities complete the any such investigation referred to in paragraph 1 within one year of the its date of its initiation. 65. A Neither Party shall not apply a bilateral safeguard measure: (a) except to the extent, and for such time, as it is may be necessary to prevent or remedy serious injury and to facilitate adjustment; (b) for a period exceeding two years, except that the period may be extended by up to two years one year if the competent authorities of the importing applying Party determine, in conformity with the procedures set out specified in this Article, that the measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the industry is adjusting, provided that the total period of application of a bilateral safeguard measure, including the period of initial application and any extension thereof, does shall not exceed four three years; or (c) beyond the expiration of the transition period, except with the consent of the other Party. 7. In order to facilitate adjustment in a situation where the expected duration of a bilateral safeguard measure is more than two years, the Party applying the measure shall progressively liberalise the measure at regular intervals during the period of application. 86. When a Party terminates a bilateral safeguard measure, the rate of customs duty shall be the rate that, according to its schedule Schedule included in Annex 2-A 2 (Reduction or Elimination of Customs Duties), would have been in effect but for the measure. 7. Neither Party shall apply a safeguard measure more than once against the same good. 8. Where the expected duration of the safeguard measure is over one year, the applying Party shall progressively liberalise it at regular intervals.

Conditions and Limitations. The following conditions and limitations shall apply with regard to a measure described in Article 7.1: 1. A Party shall only apply a bilateral safeguard measure following an investigation by its competent authorities in accordance with Article 3 and subparagraph 2(c) of Article 4 of the Safeguards Agreement. To that end, Article 3 and subparagraph 2(c) of Article 4 of the Safeguards Agreement are incorporated into and made part of this Agreement, mutatis mutandis. 2. A Party shall notify the other Party in writing of the upon initiation of the an investigation referred to described in paragraph 1 2 and shall consult with the other Party as far as practicable in advance of applying a bilateral safeguard measuretaking any such measure as practicable, with a view to reviewing the information arising from the investigation and investigation, exchanging views on the measure and reaching an agreement on compensation as set out in Article 7.4. If a Party takes a provisional measure pursuant to Article 7.3, 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. 2. A Party shall take a measure only following an investigation by that Party’s competent authorities in accordance with Articles 3 and 4.2(c) of the WTO Agreement on Safeguards; and to this end, Articles 3 and 4.2(c) of the WTO Agreement on Safeguards are incorporated into and made a part of this Agreement, mutatis mutandis. 3. In the investigation referred to described in paragraph 12, the a Party shall comply with the requirements of subparagraph 2(aArticle 4.2(a) and (b) of Article 4 of the Safeguards Agreement. To that WTO Agreement on Safeguards; and to this end, subparagraph 2(aArticle 4.2(a) of Article 4 of the Safeguards Agreement is and (b) are incorporated into and made a part of this Agreement, mutatis mutandis. 4. The investigation Negative injury determinations shall also demonstratenot be subject to modification, on except pursuant to reviews by judicial or administrative tribunals, to the basis of objective evidence, the existence of a causal link between increased imports and the serious injury or threat thereofextent provided under domestic legislation. 5. The investigation shall also take into consideration the existence of any factor other than increased imports which may also cause injury at the same time. 5. Each Party shall ensure that its competent authorities complete the investigation referred to in paragraph 1 all cases be completed within one year of the following its date of its initiationinstitution. 6. A Party shall not apply a bilateral safeguard measureNo measure may be maintained: (a) except to the extent, extent and for such time, time as it is may be necessary to prevent or remedy serious injury and to facilitate adjustment; (b) for a period exceeding two years, ; except that the period may be extended by up to two years if the competent authorities of the importing Party determine, in conformity with the procedures set out in this Articleparagraphs 1 through 5, that the measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the industry is adjusting, provided that the total period of application of a safeguard measure, including the period of initial application and any extension thereof, does not exceed four years; or (c) beyond the expiration of the transition period, except with the consent of the other PartyParty against whose originating good the measure is taken. 7. In order No measure may be applied against the same originating good on which a measure has been taken or that has been subject to facilitate adjustment in a situation where any other safeguard measure7-1 since the date of entry into force of the Agreement. 8. Where the expected duration of a bilateral safeguard the measure is more than two yearsover one year, the importing Party applying the measure shall progressively liberalise the measure liberalize it at regular intervals during the period of application. 89. When a Party terminates a bilateral safeguard Upon the termination of the measure, the rate of customs duty shall be the rate that, according to its schedule included in Annex 2-A (Reduction or Elimination of Customs Duties), which would have been in effect but for the measure.

Conditions and Limitations. 1. A Party shall notify the other Party in writing of the initiation of the investigation referred to in paragraph 2 and consult with the other Party as far as practicable in advance of applying a bilateral safeguard measure, with a view to reviewing the information arising from the investigation and exchanging views on the measure. 2. A Party shall only apply a bilateral safeguard measure following an investigation by its competent authorities in accordance with Article 3 and subparagraph 2(c) of Article 4 of the Safeguards Agreement. To that end, Article 3 and subparagraph 2(c) of Article 4 of the Safeguards Agreement are incorporated into and made part of this Agreement, mutatis mutandis. 2. A Party shall notify the other Party in writing of the initiation of the investigation referred to in paragraph 1 and consult with the other Party as far as practicable in advance of applying a bilateral safeguard measure, with a view to reviewing the information arising from the investigation and exchanging views on the measure. 3. In the investigation referred to in paragraph 12, the Party shall comply with the requirements of subparagraph 2(a) of Article 4 of the Safeguards Agreement. To that end, subparagraph 2(a) of Article 4 of the Safeguards Agreement is incorporated into and made part of this Agreement, mutatis mutandis. 4. The investigation shall also demonstrate, on the basis of objective evidence, the existence of a causal link between increased imports and the serious injury or threat thereof. The investigation shall also take into consideration the existence of any factor other than increased imports which may also cause injury at the same time. 5. Each Party shall ensure that its competent authorities complete the investigation referred to in paragraph 1 2 within one year of the date of its initiation. 6. A Party shall not apply a bilateral safeguard measure: (a) except to the extent, and for such time, as it is necessary to prevent or remedy serious injury and to facilitate adjustment; (b) for a period exceeding two years, except that the period may be extended by up to two years if the competent authorities of the importing Party determine, in conformity with the procedures set out in this Article, that the measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the industry is adjusting, provided that the total period of application of a safeguard measure, including the period of initial application and any extension thereof, does not exceed four years; or (c) beyond the expiration of the transition period, except with the consent of the other Party. 7. In order to facilitate adjustment in a situation where the expected duration of a bilateral safeguard measure is more than two years, the Party applying the measure shall progressively liberalise the measure at regular intervals during the period of application. 8. When a Party terminates a bilateral safeguard measure, the rate of customs duty shall be the rate that, according to its schedule included in Annex 2-A (Reduction or Elimination of Customs Duties), would have been in effect but for the measure.

Conditions and Limitations. 1. A Party shall only apply a bilateral safeguard measure following an investigation by its competent authorities in accordance with Article 3 and subparagraph 2(c) of Article 4 of the Safeguards Agreement. To that end, Article 3 and subparagraph 2(c) of Article 4 of the Safeguards Agreement are incorporated into and made part of this Agreement, mutatis mutandis. 2. A Party shall notify the other Party in writing of the initiation of the an investigation referred to described in paragraph 1 2 and consult with the other Party as far as practicable in advance of applying a bilateral safeguard measuremeasure as practicable, with a view to reviewing the information arising from the investigation and exchanging views on the measure. 2. A Party shall apply a bilateral safeguard measure only following an investigation by its competent authorities in accordance with Articles 3 and 4.2(c) of the Agreement on Safeguards contained in Annex 1A to the WTO Agreement (hereinafter referred to as the "Agreement on Safeguards") and to this end, Articles 3 and 4.2(c) of the Agreement on Safeguards are incorporated into and made part of this Agreement, mutatis mutandis. 3. In the investigation referred to described in paragraph 12, the Party shall comply with the requirements of subparagraph 2(aArticle 4.2(a) of the Agreement on Safeguards and to this end, Article 4 4.2(a) of the Agreement on Safeguards Agreement. To that end, subparagraph 2(a) of Article 4 of the Safeguards Agreement is incorporated into and made part of this Agreement, mutatis mutandis. 4. The investigation shall also demonstrate, on the basis of objective evidence, the existence of a causal link between increased imports and the serious injury or threat thereof. The investigation shall also take into consideration the existence of any factor other than increased imports which may also cause injury at the same time. 5. Each Party shall ensure that its competent authorities complete the any such investigation referred to in paragraph 1 within one year of the its date of its initiation. 65. A Neither Party shall not may apply a bilateral safeguard measure: (a) except to the extent, and for such time, as it is may be necessary to prevent or remedy serious injury and to facilitate adjustment; (b) for a period exceeding two years, except that the period may be extended by up to two years if the competent authorities of the importing Party determine, in conformity with the procedures set out specified in this Article, that the measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the industry is adjusting, provided that the total period of application of a safeguard measure, including the period of initial application and any extension thereof, does shall not exceed four years; or (c) beyond the expiration of the transition period, except with the consent of the other Party. 7. In order to facilitate adjustment in a situation where the expected duration of a bilateral safeguard measure is more than two years, the Party applying the measure shall progressively liberalise the measure at regular intervals during the period of application. 86. When a Party terminates a bilateral safeguard measure, the rate of customs duty shall be the rate that, according to its schedule Schedule included in Annex 2-A (Reduction or Elimination of Customs Duties), would have been in effect but for the measure.

Conditions and Limitations. 1. A Party shall only apply a bilateral safeguard measure following an investigation by its competent authorities in accordance with Article 3 and subparagraph 2(c) of Article 4 of the Safeguards Agreement. To that end, Article 3 and subparagraph 2(c) of Article 4 of the Safeguards Agreement are incorporated into and made part of this Agreement, mutatis mutandis. 2. A Party shall notify the other Party in writing of the on initiation of the an investigation referred to described in paragraph 1 2 and shall consult with the other Party as far as practicable in advance of applying a bilateral safeguard measuremeasure as practicable, with a view to reviewing the information arising from the investigation and exchanging views on the measure. 2. A Party shall apply a safeguard measure only following an investigation by the Party's competent authorities in accordance with Articles 3 and 4.2(c) of the Safeguards Agreement, and to this end, Articles 3 and 4.2(c) of the Safeguards Agreement are incorporated into and made part of this Agreement, mutatis mutandis. 3. In the investigation referred to described in paragraph 12, the Party shall comply with the requirements of subparagraph 2(aArticles 4.2(a) of Article 4 and 4.2(b) of the Safeguards Agreement. To that , and to this end, subparagraph 2(aArticles 4.2(a) of Article 4 and 4.2(b) of the Safeguards Agreement is are incorporated into and made part of this Agreement, mutatis mutandis. 4. The investigation shall also demonstrate, on the basis of objective evidence, the existence of a causal link between increased imports and the serious injury or threat thereof. The investigation shall also take into consideration the existence of any factor other than increased imports which may also cause injury at the same time. 5. Each Party shall ensure that its competent authorities complete the any such investigation referred to in paragraph 1 within one year of the its date of its initiation. 65. A Neither Party shall not may apply a bilateral safeguard measure: (a) except to the extent, and for such time, time as it is may be necessary to prevent or remedy serious injury and to facilitate adjustment; (b) for a period exceeding two years, except that the period may be extended by up to two years if the competent authorities of the importing Party determine, in conformity with the procedures set out specified in this Article, that the measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the industry is adjusting, provided that the total period of application of a safeguard measure, including the period of initial application and any extension thereof, does shall not exceed four years; or (c) beyond the expiration of the transition period, except with the consent of the other Party. 6. No safeguard measure shall be applied again to the import of a good which has been subject to such a measure for a period of time equal to that during which such measure had been previously applied, provided that the period of non- application is at least two years. 7. In order to facilitate adjustment in a situation where Where the expected duration of a bilateral the safeguard measure is more than two yearsover one year, the importing Party applying the measure shall progressively liberalise the measure liberalize it at regular intervals during the period of applicationintervals. 8. When a Party terminates a bilateral safeguard measure, the rate of customs duty shall be the rate that, according to its schedule the Party's Schedule included in Annex 2-A (Reduction or Elimination of Customs Duties), would have been in effect but for the measure.

Conditions and Limitations. 1. A Party shall only apply a bilateral safeguard measure following an investigation by its competent authorities in accordance with Article 3 and subparagraph 2(c) of Article 4 of the Safeguards Agreement. To that end, Article 3 and subparagraph 2(c) of Article 4 of the Safeguards Agreement are incorporated into and made part of this Agreement, mutatis mutandis. 2. A Party shall notify the other Party in writing of the initiation of the an investigation referred to described in paragraph 1 2 and consult with the other Party Party, as far as practicable in advance of applying a bilateral safeguard measuremeasure as practicable, with a view to reviewing the information arising from the investigation and exchanging views on the measure. 2. A Party shall apply a bilateral safeguard measure only following an investigation by its competent authorities in accordance with Articles 3 and 4.2(c) of the Agreement on Safeguards. To that end, Articles 3 and 4.2(c) of the Agreement on Safeguards are incorporated into this Agreement and made part thereof, mutatis mutandis. 3. In When conducting the investigation referred to described in paragraph 12 of this Article, the Party shall comply with the requirements of subparagraph 2(aArticle 4.2(a) of Article 4 of the Safeguards AgreementAgreement on Safeguards. To that end, subparagraph 2(aArticle 4.2(a) of Article 4 of the Agreement on Safeguards Agreement is incorporated into this Agreement and made part of this Agreementthereof, mutatis mutandis. 4. The investigation shall also demonstrate, on the basis of objective evidence, the existence of a causal link between increased imports and the serious injury or threat thereof. The investigation shall also take into consideration the existence of any factor other than increased imports which may also cause injury at the same time. 5. Each Party shall ensure that its competent authorities complete the any investigation referred to described in paragraph 1 2 within one year of the date of its initiation. 65. A Neither Party shall not may apply a bilateral safeguard measure: (a) except to the extent, and for such time, as it is may be necessary to prevent or remedy serious injury and to facilitate adjustmentthe adjustment of the domestic industry; (b) for a period exceeding two years. However, except that the period may be extended by up to two years if the competent authorities of the importing Party determine, in conformity accordance with the procedures set out specified in this Article, that the measure continues to be necessary to prevent or remedy serious injury and to facilitate the adjustment of the domestic industry and that there is evidence that the industry is adjusting, provided that the total period of application of a safeguard measure, including the period of initial application and any extension thereof, does shall not exceed four years; or; (c) beyond the expiration of the transition transitional period; or (d) with respect to the same product, except with at the consent same time as a measure under Article XIX of GATT 1994 and the other PartyAgreement on Safeguards is applied. 7. In order to facilitate adjustment in a situation where the expected duration of a bilateral safeguard measure is more than two years, the Party applying the measure shall progressively liberalise the measure at regular intervals during the period of application. 86. When a Party terminates a bilateral safeguard measure, the rate of customs duty shall be the rate that, according to its schedule Schedule included in Annex 2-A (Reduction or Elimination of Customs Duties)XV to this Agreement, would have been in effect but for the measure.

Conditions and Limitations. 1. A Party shall notify the other Party in writing of the initiation of an investigation described in paragraph 2 and consult with the other Party as far in advance of applying a bilateral safeguard measure as practicable, with a view to: (a) reviewing the information arising from the investigation and whether the conditions laid out in this Article are met; (b) exchanging views on the measure and its appropriateness in light of the objectives of this Section to remove serious injury or threat thereof to domestic industry caused by an increase in imports as set out in paragraph 1 of Article 3.10 (Application of Bilateral Safeguard Measure); and (c) exchanging preliminary views on compensation as set out in Article 3.13 (Compensation). 2. A Party shall only apply a bilateral safeguard measure following an investigation by its competent authorities in accordance with Article 3 Articles 3, 4.2(a) and subparagraph 2(c4.2(c) of Article 4 of the Safeguards Agreement. To that end, Article 3 Articles 3, 4.2(a) and subparagraph 2(c4.2(c) of Article 4 of the Safeguards Agreement are incorporated into and made part of this Agreement, mutatis mutandis. 23. A Party shall notify the other Party in writing of the initiation of the investigation The determination referred to in paragraph 1 and consult with the other Party as far as practicable in advance Article 3.10 (Application of applying a bilateral safeguard measure, with a view to reviewing the information arising from Bilateral Safeguard Measure) shall not be made unless the investigation and exchanging views on the measure. 3. In the investigation referred to in paragraph 1, the Party shall comply with the requirements of subparagraph 2(a) of Article 4 of the Safeguards Agreement. To that end, subparagraph 2(a) of Article 4 of the Safeguards Agreement is incorporated into and made part of this Agreement, mutatis mutandis. 4. The investigation shall also demonstrate, demonstrates on the basis of objective evidence, evidence the existence of a causal link between increased imports from the other party and the serious injury or the threat thereof. The investigation In this respect, due consideration shall also take into consideration the existence be given to other factors, including imports of any factor other than increased imports which may also cause injury at the same timeproduct from other countries. 54. Each Party shall ensure that its competent authorities complete the any such investigation referred to in paragraph 1 within one year of the date of its initiation. 65. A Neither Party shall not apply a bilateral safeguard measure:measure as set out in paragraph 1 of Article 3.10 (Application of Bilateral Safeguard Measure): (a) except to the extent, and for such time, as it is may be necessary to prevent or remedy serious injury and to facilitate adjustment; (b) for a period exceeding two years, except that the that period may be extended by up to two years if the competent authorities of the importing Party determine, in conformity with the procedures set out specified in this Article, that the measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the industry is adjusting, provided that the total period of application of a safeguard measure, including the period of initial application and any extension thereof, does shall not exceed four years; or (c) beyond the expiration of the transition period, except with the consent of the other Party. 76. No measure shall be applied again to the import of the same good during the transition period, unless a period of time equal to half of the period during which the safeguard measure was applied previously has elapsed. In order to facilitate adjustment in a situation where the expected duration this case, paragraph 3 of a bilateral safeguard measure is more than two years, the Party applying the measure Article 3.13 (Compensation) shall progressively liberalise the measure at regular intervals during the period of applicationnot apply. 87. When a Party terminates a bilateral safeguard measure, the rate of customs duty shall be the rate that, according to its schedule Schedule included in Annex 2-A (Reduction or Elimination of Customs Duties)A, would have been in effect but for the measure.

Conditions and Limitations. 1. A Party shall only apply a bilateral safeguard measure following an investigation by its competent authorities in accordance with Article 3 and subparagraph 2(c) of Article 4 of the Safeguards Agreement. To that end, Article 3 and subparagraph 2(c) of Article 4 of the Safeguards Agreement are incorporated into and made part of this Agreement, mutatis mutandis. 2. A Party shall notify the other Party in writing of the initiation of the an investigation referred to described in paragraph 1 2 and consult with the other Party as far as practicable in advance of applying a bilateral safeguard measuremeasure as practicable, with a view to reviewing the information arising from the investigation and exchanging views on the measure. 2. A Party shall apply a bilateral safeguard measure only following an investigation by its competent authorities in accordance with Articles 3 and 4.2(c) of the Agreement on Safeguards contained in Annex 1A to the WTO Agreement (hereinafter referred to as the ‘Agreement on Safeguards’) and to this end, Articles 3 and 4.2(c) of the Agreement on Safeguards are incorporated into and made part of this Agreement, mutatis mutandis. 3. In the investigation referred to described in paragraph 12, the Party shall comply with the requirements of subparagraph 2(aArticle 4.2(a) of the Agreement on Safeguards and to this end, Article 4 4.2(a) of the Agreement on Safeguards Agreement. To that end, subparagraph 2(a) of Article 4 of the Safeguards Agreement is incorporated into and made part of this Agreement, mutatis mutandis. 4. The investigation shall also demonstrate, on the basis of objective evidence, the existence of a causal link between increased imports and the serious injury or threat thereof. The investigation shall also take into consideration the existence of any factor other than increased imports which may also cause injury at the same time. 5. Each Party shall ensure that its competent authorities complete the any such investigation referred to in paragraph 1 within one year of the its date of its initiation. 65. A Neither Party shall not may apply a bilateral safeguard measure: (a) except to the extent, and for such time, as it is may be necessary to prevent or remedy serious injury and to facilitate adjustment; (b) for a period exceeding two years, except that the period may be extended by up to two years if the competent authorities of the importing Party determine, in conformity with the procedures set out specified in this Article, that the measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the industry is adjusting, provided that the total period of application of a safeguard measure, including the period of initial application and any extension thereof, does shall not exceed four years; or (c) beyond the expiration of the transition period, except with the consent of the other Party. 7. In order to facilitate adjustment in a situation where the expected duration of a bilateral safeguard measure is more than two years, the Party applying the measure shall progressively liberalise the measure at regular intervals during the period of application. 86. When a Party terminates a bilateral safeguard measure, the rate of customs duty shall be the rate that, according to its schedule Schedule included in Annex 2-A (Reduction or Elimination of Customs Duties), would have been in effect but for the measure.

Conditions and Limitations. 1. A Party shall only notify the other Party in writing of the initiation of an investigation described in paragraph 2 and consult with the other Party as far in advance of applying a bilateral safeguard measure as practicable, with a view to: (a) reviewing the information arising from the investigation and whether the conditions laid out in this Article are met; (b) exchanging views on the measure and its appropriateness in light of the objectives of this Section to remove serious injury or threat thereof to domestic industry caused by an increase in imports as set out in paragraph 1 of Article 3.10 (Application of Bilateral Safeguard Measure); and (c) exchanging preliminary views on compensation as set out in Article 3.13 (Compensation). 2. A Party shall apply a bilateral safeguard measure only following an investigation by its competent authorities in accordance with Article 3 Articles 3, 4.2(a) and subparagraph 2(c4.2(c) of Article 4 of the Safeguards Agreement. To that Agreement and to this end, Article 3 Articles 3, 4.2(a) and subparagraph 2(c4.2(c) of Article 4 of the Safeguards Agreement are incorporated into and made part of this Agreement, mutatis mutandis. 23. A Party shall notify the other Party in writing of the initiation of the investigation The determination referred to in paragraph 1 and consult with the other Party as far as practicable in advance Article 3.10 (Application of applying a bilateral safeguard measure, with a view to reviewing the information arising from Bilateral Safeguard Measure) shall not be made unless the investigation and exchanging views on the measure. 3. In the investigation referred to in paragraph 1, the Party shall comply with the requirements of subparagraph 2(a) of Article 4 of the Safeguards Agreement. To that end, subparagraph 2(a) of Article 4 of the Safeguards Agreement is incorporated into and made part of this Agreement, mutatis mutandis. 4. The investigation shall also demonstrate, demonstrates on the basis of objective evidence, evidence the existence of a causal link between increased imports from the other party and the serious injury or threat thereof. The investigation In this respect, due consideration shall also take into consideration the existence be given to other factors, including imports of any factor other than increased imports which may also cause injury at the same timeproduct from other countries. 54. Each Party shall ensure that its competent authorities complete the any such investigation referred to in paragraph 1 within one year of from the date dates of its initiation. 65. A Neither Party shall not may apply a bilateral safeguard measure:measure as set out in paragraph 1 of Article 3.10 (Application of Bilateral Safeguard Measure): (a) except to the extent, and for such time, as it is may be necessary to prevent or remedy serious injury and to facilitate adjustment; (b) for a period exceeding two years, except that the period may be extended by up to two years if the competent authorities of the importing Party determine, in conformity with the procedures set out specified in this Article, that the measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the industry is adjusting, provided that the total period of application of a safeguard measure, including the period of initial application and any extension thereof, does shall not exceed four years; or (c) beyond the expiration of the transition period, except with the consent of the other Party. 7. In order to facilitate adjustment in a situation where the expected duration of a bilateral safeguard measure is more than two years, the Party applying the measure shall progressively liberalise the measure at regular intervals during the period of application. 8. When a Party terminates a bilateral safeguard measure, the rate of customs duty shall be the rate that, according to its schedule included in Annex 2-A (Reduction or Elimination of Customs Duties), would have been in effect but for the measure.

Conditions and Limitations. 1. A Party shall notify the other Party in writing of the initiation of an investigation described in paragraph 2 and consult with the other Party as far in advance of applying a bilateral safeguard measure as practicable, with a view to: (a) reviewing the information arising from the investigation and whether the conditions laid out in this Article are met; (b) exchanging views on the measure and its appropriateness in light of the objectives of this Section to remove serious injury or threat thereof to domestic industry caused by an increase in imports as set out in paragraph 1 of Article 3.10 (Application of Bilateral Safeguard Measure); and (c) exchanging preliminary views on compensation as set out in Article 3.13 (Compensation). 2. A Party shall only apply a bilateral safeguard measure following an investigation by its competent authorities in accordance with Article 3 Articles 3, 4.2(a) and subparagraph 2(c4.2(c) of Article 4 of the Safeguards Agreement. To that end, Article 3 Articles 3, 4.2(a) and subparagraph 2(c4.2(c) of Article 4 of the Safeguards Agreement are incorporated into and made part of this Agreement, mutatis mutandis. 23. A Party shall notify the other Party in writing of the initiation of the investigation The determination referred to in paragraph 1 and consult with the other Party as far as practicable in advance Article 3.10 (Application of applying a bilateral safeguard measure, with a view to reviewing the information arising from Bilateral Safeguard Measure) shall not be made unless the investigation and exchanging views on the measure. 3. In the investigation referred to in paragraph 1, the Party shall comply with the requirements of subparagraph 2(a) of Article 4 of the Safeguards Agreement. To that end, subparagraph 2(a) of Article 4 of the Safeguards Agreement is incorporated into and made part of this Agreement, mutatis mutandis. 4. The investigation shall also demonstrate, demonstrates on the basis of objective evidence, evidence the existence of a causal link between increased imports from the other party and the serious injury or the threat thereof. The investigation In this respect, due consideration shall also take into consideration the existence be given to other factors, including imports of any factor other than increased imports which may also cause injury at the same timeproduct from other countries. 54. Each Party shall ensure that its competent authorities complete the any such investigation referred to in paragraph 1 within one year of the date of its initiation. 65. A Neither Party shall not apply a bilateral safeguard measure:measure as set out in paragraph 1 of Article 3.10 (Application of Bilateral Safeguard Measure): (a) except to the extent, and for such time, as it is may be necessary to prevent or remedy serious injury and to facilitate adjustment; (b) for a period exceeding two years, except that the that period may be extended by up to two years if the competent authorities of the importing Party determine, in conformity with the procedures set out specified in this Article, that the measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the industry is adjusting, provided that the total period of application of a safeguard measure, including includ­ ing the period of initial application and any extension thereof, does shall not exceed four years; or (c) beyond the expiration of the transition period, except with the consent of the other Party. 76. No measure shall be applied again to the import of the same good during the transition period, unless a period of time equal to half of the period during which the safeguard measure was applied previously has elapsed. In order to facilitate adjustment in a situation where the expected duration this case, paragraph 3 of a bilateral safeguard measure is more than two years, the Party applying the measure Article 3.13 (Compensation) shall progressively liberalise the measure at regular intervals during the period of applicationnot apply. 87. When a Party terminates a bilateral safeguard measure, the rate of customs duty shall be the rate that, according to its schedule Schedule included in Annex 2-A (Reduction or Elimination of Customs Duties)A, would have been in effect but for the measure.

Conditions and Limitations. The following conditions and limitations shall apply with regard to a measure described in Article 7.1: 1. A Party shall only apply a bilateral safeguard measure following an investigation by its competent authorities in accordance with Article 3 and subparagraph 2(c) of Article 4 of the Safeguards Agreement. To that end, Article 3 and subparagraph 2(c) of Article 4 of the Safeguards Agreement are incorporated into and made part of this Agreement, mutatis mutandis. 2. A Party shall notify the other Party in writing of the upon initiation of the an investigation referred to described in paragraph 1 2 and shall consult with the other Party as far as practicable in advance of applying a bilateral safeguard measuretaking any such measure as practicable, with a view to reviewing the information arising from the investigation and investigation, exchanging views on the measure and reaching an agreement on compensation as set out in Article 7.4. If a Party takes a provisional measure pursuant to Article 7.3, 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. 2. A Party shall take a measure only following an investigation by that Party's competent authorities in accordance with Articles 3 and 4.2(c) of the WTO Agreement on Safeguards; and to this end, Articles 3 and 4.2(c) of the WTO Agreement on Safeguards are incorporated into and made a part of this Agreement, mutatis mutandis. 3. In the investigation referred to described in paragraph 12, the a Party shall comply with the requirements of subparagraph 2(aArticle 4.2(a) and (b) of Article 4 of the Safeguards Agreement. To that WTO Agreement on Safeguards; and to this end, subparagraph 2(aArticle 4.2(a) of Article 4 of the Safeguards Agreement is and (b) are incorporated into and made a part of this Agreement, mutatis mutandis. 4. The investigation Negative injury determinations shall also demonstratenot be subject to modification, on except pursuant to reviews by judicial or administrative tribunals, to the basis of objective evidence, the existence of a causal link between increased imports and the serious injury or threat thereofextent provided under domestic legislation. 5. The investigation shall also take into consideration the existence of any factor other than increased imports which may also cause injury at the same time. 5. Each Party shall ensure that its competent authorities complete the investigation referred to in paragraph 1 all cases be completed within one year of the following its date of its initiationinstitution. 6. A Party shall not apply a bilateral safeguard measureNo measure may be maintained: (a) except to the extent, extent and for such time, time as it is may be necessary to prevent or remedy serious injury and to facilitate adjustment; (b) for a period exceeding two years, ; except that the period may be extended by up to two years if the competent authorities of the importing Party determine, in conformity with the procedures set out in this Articleparagraphs 1 through 5, that the measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the industry is adjusting, provided that the total period of application of a safeguard measure, including the period of initial application and any extension thereof, does not exceed four years; or (c) beyond the expiration of the transition period, except with the consent of the other PartyParty against whose originating good the measure is taken. 7. In order No measure may be applied against the same originating good on which a measure has been taken or that has been subject to facilitate adjustment in a situation where any other safeguard measure (7-1) since the date of entry into force of the Agreement. 8. Where the expected duration of a bilateral safeguard the measure is more than two yearsover one year, the importing Party applying the measure shall progressively liberalise the measure liberalize it at regular intervals during the period of application. 89. When a Party terminates a bilateral safeguard Upon the termination of the measure, the rate of customs duty shall be the rate that, according to its schedule included in Annex 2-A (Reduction or Elimination of Customs Duties), which would have been in effect but for the measure. (7-1) The Parties understand that âsafeguard measureâ does not include antidumping or countervailing measures.

Conditions and Limitations. 1. A Party shall only apply a bilateral safeguard measure following an investigation by its competent authorities in accordance with Article 3 and subparagraph 2(c) of Article 4 of the Safeguards Agreement. To that end, Article 3 and subparagraph 2(c) of Article 4 of the Safeguards Agreement are incorporated into and made part of this Agreement, mutatis mutandis. 2. A Party shall notify the other Party in writing of the initiation of the an investigation referred to described in paragraph 1 2 and consult with the other Party Party, as far as practicable in advance of applying a bilateral safeguard measuremeasure as practicable, with a view to reviewing the information arising from the investigation and exchanging views on the measure. 2. a Party shall apply a bilateral safeguard measure only following an investigation by its competent authorities in accordance with articles 3 and 4.2(c) of the agreement on Safeguards. To that end, articles 3 and 4.2(c) of the agree­ ment on Safeguards are incorporated into this agreement and made part thereof, mutatis mutandis. 3. In When conducting the investigation referred to described in paragraph 12 of this article, the Party shall comply with the requirements of subparagraph 2(aarticle 4.2(a) of Article 4 of the Safeguards Agreementagreement on Safeguards. To that end, subparagraph 2(aarticle 4.2(a) of Article 4 of the Safeguards Agreement agreement on Safe­ guards is incorporated into this agreement and made part of this Agreementthereof, mutatis mutandis. 4. The investigation shall also demonstrate, on the basis of objective evidence, the existence of a causal link between increased imports and the serious injury or threat thereof. The investigation shall also take into consideration the existence of any factor other than increased imports which may also cause injury at the same time. 5. Each Party shall ensure that its competent authorities complete the any investigation referred to described in paragraph 1 2 within one year of the date of its initiation. 65. A Neither Party shall not may apply a bilateral safeguard measure: (a) except to the extent, and for such time, as it is may be necessary to prevent or remedy serious injury and to facilitate adjustmentthe adjustment of the domestic industry; (b) for a period exceeding two years. However, except that the period may be extended by up to two years if the competent authorities author­ ities of the importing Party determine, in conformity accordance with the procedures set out specified in this Articlearticle, that the measure continues to be necessary to prevent or remedy serious injury and to facilitate the adjustment of the domestic industry and that there is evidence that the industry is adjusting, provided that the total period of application of a safeguard measure, including the period of initial application and any extension thereof, does shall not exceed four years; or; (c) beyond the expiration of the transition transitional period; or (d) with respect to the same product, except with at the consent same time as a measure under article XIX of GaTT 1994 and the other Partyagree­ ment on Safeguards is applied. 7. In order to facilitate adjustment in a situation where the expected duration of a bilateral safeguard measure is more than two years, the Party applying the measure shall progressively liberalise the measure at regular intervals during the period of application. 86. When a Party terminates a bilateral safeguard measure, the rate of customs duty shall be the rate that, according to its schedule Schedule included in Annex 2-A (Reduction or Elimination of Customs Duties)annex Xv to this agreement, would have been in effect but for the measure.

Conditions and Limitations. 1. A Party shall only apply a bilateral safeguard measure following an investigation by its competent authorities in accordance with Article 3 and subparagraph 2(c) of Article 4 of the Safeguards Agreement. To that end, Article 3 and subparagraph 2(c) of Article 4 of the Safeguards Agreement are incorporated into and made part of this Agreement, mutatis mutandis. 2. A Party shall notify the other Party in writing of the on initiation of the an investigation referred to described in paragraph 1 2 and shall consult with the other Party as far as practicable in advance of applying a bilateral safeguard measuremeasure as practicable, with a view to reviewing the information arising from the investigation and exchanging views on the measure. 2. A Party shall apply a safeguard measure only following an investigation by the Party’s competent authorities in accordance with Articles 3 and 4.2(c) of the Safeguards Agreement, and to this end, Articles 3 and 4.2(c) of the Safeguards Agreement are incorporated into and made part of this Agreement, mutatis mutandis. 3. In the investigation referred to described in paragraph 12, the Party shall comply with the requirements of subparagraph 2(aArticles 4.2(a) of Article 4 and 4.2(b) of the Safeguards Agreement. To that , and to this end, subparagraph 2(aArticles 4.2(a) of Article 4 and 4.2(b) of the Safeguards Agreement is are incorporated into and made part of this Agreement, mutatis mutandis. 4. The investigation shall also demonstrate, on the basis of objective evidence, the existence of a causal link between increased imports and the serious injury or threat thereof. The investigation shall also take into consideration the existence of any factor other than increased imports which may also cause injury at the same time. 5. Each Party shall ensure that its competent authorities complete the any such investigation referred to in paragraph 1 within one year of the its date of its initiation. 65. A Neither Party shall not may apply a bilateral safeguard measure: (a) except to the extent, and for such time, time as it is may be necessary to prevent or remedy serious injury and to facilitate adjustment; (b) for a period exceeding two years, except that the period may be extended by up to two years if the competent authorities of the importing Party determine, in conformity with the procedures set out specified in this Article, that the measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the industry is adjusting, provided that the total period of application of a safeguard measure, including the period of initial application and any extension thereof, does shall not exceed four years; or (c) beyond the expiration of the transition period, except with the consent of the other Party. 6. No safeguard measure shall be applied again to the import of a good which has been subject to such a measure for a period of time equal to that during which such measure had been previously applied, provided that the period of non-application is at least two years. 7. In order to facilitate adjustment in a situation where Where the expected duration of a bilateral the safeguard measure is more than two yearsover one year, the importing Party applying the measure shall progressively liberalise the measure liberalize it at regular intervals during the period of applicationintervals. 8. When a Party terminates a bilateral safeguard measure, the rate of customs duty shall be the rate that, according to its schedule the Party’s Schedule included in Annex 2-A (Reduction or Elimination of Customs Duties), would have been in effect but for the measure.

Conditions and Limitations. 1. A Party shall only apply a bilateral safeguard measure following an investigation by its competent authorities in accordance with Article 3 and subparagraph 2(c) of Article 4 of the Safeguards Agreement. To that end, Article 3 and subparagraph 2(c) of Article 4 of the Safeguards Agreement are incorporated into and made part of this Agreement, mutatis mutandis. 2. A Party shall notify the other Party in writing of the on initiation of the an investigation referred to described in paragraph 1 2 and shall consult with the other Party as far as practicable in advance of applying a bilateral safeguard measuremeasure as practicable, with a view to reviewing the information arising from the investigation and exchanging views on the measure. 2. A Party shall apply a safeguard measure only following an investigation by the Party's competent authorities in accordance with Articles 3 and 4.2(c) of the Safeguards Agreement, and to this end, Articles 3 and 4.2(c) of the Safeguards Agreement are incorporated into and made a part of this Agreement, mutatis mutandis. 3. In the investigation referred to described in paragraph 12, the Party shall comply with the requirements of subparagraph 2(aArticle 4.2(a) of Article 4 of the Safeguards Agreement. To that , and to this end, subparagraph 2(aArticle 4.2(a) of Article 4 of the Safeguards Agreement is incorporated into and made a part of this Agreement, mutatis mutandis. 4. The investigation shall also demonstrate, on the basis of objective evidence, the existence of a causal link between increased imports and the serious injury or threat thereof. The investigation shall also take into consideration the existence of any factor other than increased imports which may also cause injury at the same time. 5. Each Party shall ensure that its competent authorities complete the any such investigation referred to in paragraph 1 within one year of the its date of its initiation. 65. A Neither Party shall not may apply a bilateral safeguard measure: (a) except to the extent, and for such time, as it is may be necessary to prevent or remedy serious injury and to facilitate adjustment; (b) for a fora period exceeding two years, except that the period may be extended by up to two years one year if the competent authorities of the importing Party determine, in conformity with the procedures set out specified in this Article, that the measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the industry is adjusting, provided that the total period of application of a safeguard measure, including the period of initial application and any extension thereof, does shall not exceed four three years; or (c) beyond the expiration of the transition period, except with the consent of the other Party. 6. Neither Party may apply a safeguard measure more than once against the same good. 7. In order to facilitate adjustment in a situation where Where the expected duration of a bilateral the safeguard measure is more than two yearsover one year, the importing Party applying the measure shall progressively liberalise the measure liberalize it at regular intervals during the period of applicationintervals. 8. When a Party terminates a bilateral safeguard measure, the rate of customs duty shall be the rate that, according to its schedule included in the Party's Schedule to Annex 2-A B (Reduction or Elimination of Customs DutiesTariff Elimination), would have been in effect but for the measure.