Derogations Sample Clauses
Derogations. 1. Upon request by a Party, the Committee shall have the authority to grant derogations from the provisions of paragraphs 1 to 5 of Article 3 in order to remedy difficulties which observance of minimum prices could cause certain Parties. The Committee shall take a decision on such a request within three months from the date of the request.
2. The provisions of paragraphs 1 to 4 of Article 3 shall not apply to exports, in exceptional circumstances, of small quantities of natural unprocessed cheese which would be below normal export quality as a result of deterioration or production faults. Parties exporting such cheese shall notify the Secretariat in advance of their intention to do so. Parties shall also notify the Committee quarterly of all sales of cheese effected under this provision, specifying in respect of each transaction the quantities, prices and destinations involved.
Derogations. Derogations from the requirements of this Code may be sought in accordance with Part IX (Governance of this Agreement) or may exist under Schedule 7 (Derogations) of the Agreement and those Derogations which exist under Schedule 7 and are applicable to all Parties are listed in Appendix F.
Derogations. 1. In exceptional duly substantiated circumstances, natural or legal persons from third countries not eligible under Article 20 may be authorised to participate in procedures for the awarding of procurement contracts or grants financed by the Community at the justified request of the ACP States concerned. The ACP States concerned shall, on each occasion, provide the Commission with the information needed to decide on such derogation, with particular attention being given to:
(a) the geographical location of the ACP State concerned;
(b) the competitiveness of contractors, suppliers and consultants from the Member States and the ACP States;
(c) the need to avoid excessive increases in the cost of performance of the contract;
(d) transport difficulties or delays due to delivery times or other similar problems;
(e) technology that is the most appropriate and best suited to local conditions;
(f) cases of extreme urgency;
(g) the availability of products and services in the relevant markets.
2. In the case of projects financed from the Investment Facility, the procurement rules of the Bank shall apply.";
(t) Article 24 shall be replaced by the following:
Derogations. 1. Derogations from this agreement may be adopted by the Joint Committee where the development of existing industries or the creation of new industries in member parties justifies them.
2. In order to facilitate the examination of the request by means of the form given in Annex VII to this Protocol, the member party shall furnish in support of its request the fullest possible information covering in particular the points listed below: - description of the finished product, - nature and quantity of materials originating in a third country, - nature and quantity of materials originating in a member party, the EC, or from an OCT which have been processed there, - manufacturing processes, - value added, - number of employees in the enterprise concerned, - anticipated volume of exports, - other possible sources of supply for raw materials - reasons for the duration requested in the light of efforts made to find new sources of supply, - other observations. The same rules shall apply to any requests for extension. The joint Committee may modify the form.
3. The examination of requests shall in particular take into account:
(a) the level of development;
(b) cases where the application of the existing rules of origin would significantly affect the ability of an existing industry to continue its exports to either member parties,
(c) specific cases where it can be clearly demonstrated that significant investment in an industry could be deterred by the rules of origin and where a derogation favouring the realization of the investment program would enable these rules to be satisfied by stages.
4. In every case an examination shall be made to ascertain whether the rules relating to cumulation of origin do not provide a solution to the problem.
5. In examining a request for derogation from Mauritius, Turkey shall carry out its investigation with a favourable bias having regard to:
(a) the economic and social impact of the decision to be taken especially in respect of employment;
(b) the need to apply the derogation for a period taking into account the particular situation of Mauritius and its difficulties.
6. In the examination of requests, special account shall be taken, case by case, of the possibility of conferring originating status on products which include in their composition materials originating in neighbouring developing countries, least-developed countries or developing countries with which Mauritius has special relations.
7. Without prejudice to paragraphs 1 ...
Derogations. Panel’s Ability to Grant Derogations (excluding Sandbox Applications)
56.1 The Panel may (subject to Clause 56.3) resolve, on the application of any Party, to grant a derogation to any Party or Parties in relation to any obligation or obligations contained in this Agreement. In resolving to grant such derogation, the Panel may impose such conditions as it sees fit, and shall specify the term, scope and application of such derogation. Derogations, save for derogations requested under Sandbox Applications, will normally only be granted in respect of newly introduced or amended obligations (or obligations due to be implemented in the future).
56.2 The Panel may, from time to time and as it sees fit (subject to Clause 56.3), resolve to retract any derogation, or to amend or add to the conditions applicable to any derogation.
56.3 A derogation granted to any Party by the Panel under Clause 56.1, or any retraction, amendment or addition under Clause 56.2, shall, in each case, only be effective if made in conformity with any representations received from the Authority in accordance with Clause 56.5.3 and if not vetoed by the Authority within 10 Working Days of notification of the Panel’s decision and the rationale for it.
56.4 A Party may, at any time, apply to the Panel for a derogation under Clause 56.1 by notice in writing to the Panel Secretary.
56.5 Where the Panel Secretary receives such an application, it shall ensure that the matter is added to the agenda for the next Panel meeting occurring more than 10 Working Days after receipt of such application, and shall give notice to all the Parties and to the Authority, at least 10 Working Days before the Panel meeting in question:
56.5.1 setting out the identity of the Party by whom the application has been made and the terms of the derogation sought;
56.5.2 specifying the date on which the Panel is due to consider the matter; and
56.5.3 inviting representations or objections with respect to the derogation before that time.
56.6 Where representations or objections are made in accordance with Clause 56.5.3, the Panel Secretary shall, as soon as reasonably practicable after receipt thereof and unless such representations or objections have been marked as confidential, publish those representations or objections on the Website.
56.7 Without prejudice to Clause 56.1, where the Authority grants a derogation to a Party under its Licence relieving that Party of certain of its licence obligations (including any derogat...
Derogations. This Licence is subject in all respects to:
2.1 The full and free use by the Trust of the Waterway and towing path along the Permitted Length for the carrying on by the Trust of any of its functions, which includes for the avoidance of doubt fisheries management works;
2.2 The provisions of the Environment Agency’s (or Natural Resources Wales) National and relevant regional fishing byelaws for the time being in force and to the provisions of the Salmon and Freshwater Fisheries Act 1975 (as amended);
2.3 The KIFR permit associated with the permitted length;
2.4 Any statutory consents required, including but not limited to Wildlife & Countryside Act 1981, Flood Risk Activity Permits and Natural England consents
Derogations. 1. Derogations from this Protocol may be adopted by the Special Committee on Customs Cooperation and Trade Facilitation, hereafter in this Article referred to as "the Committee", in favour of products exported from the CARIFORUM States.
2. Derogations from this Protocol may be adopted where the development of existing industries or the creation of new industries in the CARIFORUM States justifies the adoption of such derogations.
3. The CARIFORUM State or States concerned shall, either before or when the request for derogation is submitted to the Committee, notify the EC Party of its request for a derogation together with the reasons for the request in accordance with paragraph 5.
4. The EC Party shall respond positively to all the CARIFORUM States' requests which are duly justified in conformity with this Article and which cannot cause serious injury to an established EC Party industry.
5. In order to facilitate the examination by the Committee of requests for derogation, the CARIFORUM State or States making the request shall, by means of the form given in Annex VII to this Protocol, furnish in support of their request the fullest possible information covering in particular the following: – description of the finished product, – nature and quantity of materials originating in third countries, – nature and quantity of materials originating in CARIFORUM States or the countries or territories referred to in Articles 3 and 4, or the materials which have been processed in these countries or territories, – manufacturing processes, – added value achieved, – number of employees in the enterprise concerned, – anticipated volume of exports to the EC Party, – other possible sources of supply for raw materials, – reasons for the duration requested in the light of efforts made to find new sources of supply, – other observations. The Committee may modify the form.
6. The examination of requests for derogation shall in particular take into account:
(a) the level of development or the geographical situation of the CARIFORUM State or States concerned;
(b) cases where the application of the existing rules of origin would significantly affect the ability of an existing industry in a CARIFORUM State or States to continue their exports to the EC Party, with particular reference to cases where this could lead to cessation of its activities;
(c) specific cases where it can be clearly demonstrated that significant investment in an industry could be deterred by the rules of origin...
Derogations. 1. Derogations from Articles 3 and 6 may, for objective or technical reasons or reasons concerning the organisation of work, be adopted by means of collective agreements, agreements between the social partners, or if that is not possible, by laws, regulations or administrative provisions provided that there is consultation of the representatives of the employers and workers concerned and efforts are made to encourage all relevant forms of social dialogue.
2. The option to derogate from Article 3 may not result in the establishment of a reference period exceeding six months, for calculation of the average maximum weekly working time of forty- eight hours.
3. The Specialised Committee on Road Transport shall be informed of the derogations applied by a Party according to paragraph 1.
Derogations. By way of derogation from the rule provided for in Paragraph 12.1.1 of the General Terms and Conditions, the Shipper does not have to provide the Payment Guarantee when, and for as long as, the Shipper benefits from a long-term credit rating that is equal to or higher than A- (Standard & Poors) and A3 (Xxxxx’x). By way of derogation from the rule provided for in Paragraph 12.1.1 of the General Terms and Conditions, the Shipper that cannot benefit from the derogation provided for in the paragraph above but that is part of a group of which the Parent Company is a company that has its registered office in a European Union country and that benefits from a long-term credit rating that is equal to or higher than A- (Standard & Poors) and A3 (Xxxxx’x) can, for as long as the condition concerning the level of its rating is met, provide, as a Payment Guarantee, a guarantee commitment issued by the Parent Company. By way of derogation from the rule provided for in Paragraph 12.1.1 of the General Terms and Conditions, if the Shipper or the Parent Company cannot obtain a guarantee throughout the duration of the Contract, the Shipper may provide a first demand guarantee for a term of one (1) year that is renewable each year. In this case, the annual guarantee may be triggered by the Operator in the event of non-renewal thirty (30) days before the end of the validity thereof and in the cases of Contract termination. Where any one of the conditions to which the above derogations are subject are not met, the provisions of Paragraph 12.1.1 of the General Terms and Conditions shall once again apply and the Shipper must comply with these provisions under the conditions, concerning time frames, in particular, that are identical to those provided for the implementation of the initial Payment Guarantee.
Derogations. 4.3.1 The Welsh Ministers may, in exceptional circumstances, on receipt of a written request from the Beneficiary provide written authority to permit a temporary derogation from the requirements in the Contract.
4.3.2 The Beneficiary shall submit a request for derogation to the Welsh Ministers via RPW online prior to the event and in time for Welsh Ministers to consider the request which, if rejected, would still allow the Beneficiary to fulfil their contractual obligations.
4.3.3 The Welsh Ministers shall specify time limits for any such permitted variations.
4.3.4 The Beneficiary must abide by the terms of the Contract until confirmation that a derogation request has been approved.
4.3.5 The Welsh Ministers may terminate this Contract in the event that the Beneficiary fails to obtain a written derogation and varies the agreed Contract.