Common use of Emergency Action on Imports of Particular Products Clause in Contracts

Emergency Action on Imports of Particular Products. 1. Where, as a result of the reduction or elimination of a customs duty under this Agreement, any product originating in an EFTA State or in SACU is being imported into the territory of an EFTA State or SACU, in such increased quantities and under such conditions as to cause serious injury or threat therof to the domestic industry of like or directly competitive products in the territory of that Party, such Party may take emergency measures under the conditions and in accordance with the procedures laid down in this Article. 2. An EFTA State or SACU intending to take emergency measures shall, as soon as possible and in any case before taking a measure, supply the Joint Committee with all relevant information, with a view to seeking a solution acceptable to all Parties concerned. 3. Emergency measures shall not exceed what is necessary to remedy the difficulties which have arisen and should normally consist of the suspension of the further reduction of any applicable rate of duty provided for under this Agreement for the product concerned or the increase of the rate of duty for that product. 4. Such measures shall contain clear elements progressively leading to their elimination at the end of the set period, at the latest. Measures shall not be taken for a period exceeding one year. In very exceptional circumstances, measures may be taken up to a total maximum period of three years. 5. The Joint Committee shall, within 30 days from the date of notification, examine the information provided under paragraph 2 in order to facilitate a mutually acceptable resolution to the matter. In the absence of such resolution, the importing Party may adopt a measure pursuant to paragraph 1 to remedy the problem. The emergency measure shall be immediately notified to the Joint Committee. In the selection of the emergency measure, priority must be given to the measure that least disturbs the functioning of this Agreement. 6. In critical circumstances where delay would cause damage which would be difficult to repair, the EFTA State concerned or SACU may take a provisional emergency measure pursuant to a preliminary determination that there is clear evidence that increased imports have caused, or are threatening to cause, serious injury. The Party intending to take such a measure shall immediately inform the other Parties and the Joint Committee thereof and set into motion the procedure according to paragraph 2. The provisional measure shall be terminated within six months, at the latest.

Emergency Action on Imports of Particular Products. 1. WhereWhere any product originating in a Party, as a result of the reduction or elimination of a customs duty under this Agreement, any product originating in an EFTA State or in SACU is being imported into the territory of an EFTA State or SACU, another Party in such increased quantities and under such conditions as to constitute a substantial cause of serious injury or threat therof thereof to the domestic industry of like or directly competitive products in the territory of that the importing Party, such the importing Party may take emergency measures under to the conditions and in accordance with minimum extent necessary to remedy or prevent the procedures laid down in this Articleinjury. 2. An EFTA State or SACU intending Such measures shall consist in increasing the rate of customs duty on the product to take emergency measures shall, as soon as possible and a level not to exceed the lesser of: a) the most-favoured nation (MFN) rate of duty in any case before taking a measure, supply effect at the Joint Committee with all relevant information, with a view to seeking a solution acceptable to all Parties concernedtime the action is taken; and b) the MFN applied rate of duty in effect on the day immediately preceding the date of the entry into force of this Agreement. 3. Emergency measures shall not exceed what is necessary to remedy the difficulties which have arisen and should normally consist of the suspension of the further reduction of any applicable rate of duty provided for under this Agreement for the product concerned or the increase of the rate of duty for that product. 4. Such measures shall contain clear elements progressively leading to their elimination at the end of the set period, at the latest. Measures shall not be taken for a period not exceeding one year. In very exceptional circumstances, after review by the Joint Committee, measures may be taken up to a total maximum period of three years. A Party taking such measures shall present a schedule leading to their progressive elimination. No measures shall be applied to the import of a product which has previously been subject to such a measure for a period of, at least, five years since the expiry of the measure. 4. Emergency measures shall only be taken upon clear evidence that increased imports have caused or are threatening to cause serious injury pursuant to an investigation in accordance with the procedures laid down in the WTO Agreement on Safeguards. 5. The Party intending to take an emergency measure under this Article shall promptly make a notification to the other Parties and the Joint Committee, containing all pertinent information which shall include evidence of serious injury or threat thereof caused by increased imports, precise description of the product involved, the proposed measure, proposed date of introduction and expected duration of the investigation and the proposed measure. Any Party that may be affected by the measure shall simultaneously be offered compensation in the form of substantially equivalent trade liberalisation in relation to the imports from any such Party. 6. The Joint Committee shall, within 30 days from the date of notification, examine the information provided under paragraph 2 5 in order to facilitate a mutually acceptable resolution to the matter. In the absence of such resolution, the importing Party may adopt a measure pursuant to paragraph 1 2 to remedy the problem, and, in the absence of mutually agreed compensation, the Party against whose product the measure is taken may take compensatory action. The emergency measure and the compensatory action shall be immediately notified to the Joint Committee. The compensatory action shall consist of suspension of concessions having substantially equivalent trade effects or concessions substantially equivalent to the value of the additional duties expected to result from the emergency action. In the selection of the emergency measuremeasure and the compensatory action, priority must be given to the measure that action which least disturbs the functioning of this Agreement. 67. In critical circumstances circumstances, where delay would cause damage which would be difficult to repair, the EFTA State concerned or SACU a Party may take a provisional emergency measure pursuant to a preliminary determination that there is clear evidence that increased imports have caused, caused or are threatening to cause, cause serious injury. The Party intending to take such a measure shall immediately inform the other Parties and the Joint Committee thereof and set into motion the procedure according to paragraph 2thereof. The duration of any such provisional measure shall be terminated within six monthscounted as part of the initial period and any extension. 8. Two years after entry into force of this Agreement the Parties shall meet to review this Article with a view to determining whether there is a need to maintain an emergency action mechanism. 9. If the Parties decide, at after the latestfirst review, to maintain such a mechanism, they shall thereafter conduct biennial reviews in the Joint Committee.

Emergency Action on Imports of Particular Products. 1. WhereWhere any product originating in a Party, as a result of the reduction or elimination of a customs duty under this Agreement, any product originating in an EFTA State or in SACU is being imported into the territory of an EFTA State or SACU, another Party in such increased quantities and under such conditions as to constitute a substantial cause of serious injury or threat therof thereof to the domestic industry of like or directly competitive products in the territory of that the importing Party, such the importing Party may take emergency measures under to the conditions and in accordance with minimum extent necessary to remedy or prevent the procedures laid down in this Articleinjury. 2. An EFTA State or SACU intending to take emergency Such measures shall, as soon as possible and in any case before taking a measure, supply the Joint Committee with all relevant information, with a view to seeking a solution acceptable to all Parties concerned.may consist in: 3. Emergency measures shall not exceed what is necessary to remedy the difficulties which have arisen and should normally consist of the suspension of (a) suspending the further reduction of any applicable rate of duty provided for under this Agreement for on the product concerned or the increase of product; or (b) increasing the rate of duty for that producton the product to a level not to exceed the lesser of: i) the most-favoured nation rate of duty in effect at the time the action is taken; ii) the most-favoured nation rate of duty in effect on the day immediately preceding the date of the entry into force of this Agreement. 43. Such Emergency measures shall contain clear elements progressively leading to their elimination at the end of the set period, at the latest. Measures shall not be taken for a period not exceeding one year. In very exceptional circumstances, after review by the Joint Committee, measures may be taken up to a total maximum period of three years. In this case, the Party taking such measures shall present a schedule leading to their progressive elimination. No measures shall be applied to the import of a product which has previously been subject to such a measure for a period of, at least, five years since the expiry of the measure. 4. Emergency measures shall only be taken upon clear evidence that increased imports have caused or are threatening to cause serious injury pursuant to an investigation in accordance with the procedures laid down in the WTO Agreement on Safeguards. 5. The Party intending to take emergency measures under this Article shall promptly make a notification to the other Parties, containing all pertinent information which shall include evidence of serious injury caused by increased imports, precise description of the product involved, the proposed measure, the proposed date of introduction and expected duration of the measures. Any Party that may be affected shall simultaneously be offered compensation in the form of substantially equivalent trade liberalisation in relation to the imports from any such Party. 6. The Joint Committee shall, within 30 days from the date of notificationnotification to the Parties, meet to examine the information provided under paragraph 2 5 in order to facilitate a mutually acceptable resolution to solution of the matter. In the absence of such resolutionsolution, the importing Party may adopt a measure pursuant to paragraph 1 2 to remedy the problem, and, in the absence of mutually agreed compensation, the Party against whose product the measure is taken may take retaliatory action. The emergency measure and any compensatory or retaliatory action shall be immediately notified to the Joint Committee. The retaliatory action shall consist of the suspension of concessions having substantially equivalent trade effects or concessions substantially equivalent to the value of the additional duties expected to result from the emergency action. In the selection of the emergency measuremeasure and the retaliatory action, priority must be given to the measure that action which least disturbs the functioning of this Agreement. 67. In critical circumstances where delay would cause damage which would be difficult to repair, the EFTA State concerned or SACU a Party may take a provisional emergency measure not exceeding 120 days pursuant to a preliminary determination that there is clear evidence that increased imports have caused, caused or are threatening to cause, cause serious injury. The Party intending to take such a measure shall immediately inform notify the other Parties thereof and, within 30 days of the date of such notification, the pertinent procedures set out in paragraphs 5 and 6, including for compensatory and retaliatory action, shall be initiated. Any compensation shall be based on the Joint Committee thereof and set into motion total period of application of the procedure according to paragraph 2provisional measure. The period of application of any such provisional measure shall be terminated within six months, at counted as part of the latestduration of the definitive measure and any extension thereof.

Emergency Action on Imports of Particular Products. 1. WhereWhere any product originating in a Party, as a result of the reduction or elimination of a customs duty under this Agreement, any product originating in an EFTA State or in SACU is being imported into the territory of an EFTA State or SACU, another Party in such increased quantities and under such conditions as to constitute a substantial cause of serious injury or threat therof thereof to the domestic industry of like or directly competitive products in the territory of that the importing Party, such the importing Party may take emergency measures under to the conditions and in accordance with minimum extent necessary to remedy or prevent the procedures laid down in this Articleinjury. 2. An EFTA State or SACU intending to take emergency Such measures shall, as soon as possible and in any case before taking a measure, supply the Joint Committee with all relevant information, with a view to seeking a solution acceptable to all Parties concerned.may consist in: 3. Emergency measures shall not exceed what is necessary to remedy the difficulties which have arisen and should normally consist of the suspension of (a) suspending the further reduction of any applicable rate of duty provided for under this Agreement for on the product concerned or the increase of product; or (b) increasing the rate of duty for that producton the product to a level not to exceed the lesser of: (i) the most-favoured nation rate of duty in effect at the time the action is taken; (ii) the most-favoured nation rate of duty in effect on the day immediately preceding the date of the entry into force of this Agreement. 43. Such Emergency measures shall contain clear elements progressively leading to their elimination at the end of the set period, at the latest. Measures shall not be taken for a period not exceeding one year. In very exceptional circumstances, after review by the Joint Committee, measures may be taken up to a total maximum period of three years. In this case, the Party taking such measures shall present a schedule leading to their progressive elimination. No measures shall be applied to the import of a product which has previously been subject to such a measure for a period of, at least, five years since the expiry of the measure. 4. Emergency measures shall only be taken upon clear evidence that increased imports have caused or are threatening to cause serious injury pursuant to an investigation in accordance with the procedures laid down in the WTO Agreement on Safeguards. 5. The Party intending to take emergency measures under this Article shall promptly make a notification to the other Parties, containing all pertinent information which shall include evidence of serious injury caused by increased imports, precise description of the product involved, the proposed measure, the proposed date of introduction and expected duration of the measures. Any Party that may be affected shall simultaneously be offered compensation in the form of substantially equivalent trade liberalisation in relation to the imports from any such Party. 6. The Joint Committee shall, within 30 days from the date of notificationnotification to the Parties, meet to examine the information provided under paragraph 2 5 in order to facilitate a mutually acceptable resolution to solution of the matter. In the absence of such resolutionsolution, the importing Party may adopt a measure pursuant to paragraph 1 2 to remedy the problem, and, in the absence of mutually agreed compensation, the Party against whose product the measure is taken may take retaliatory action. The emergency measure and any compensatory or retaliatory action shall be immediately notified to the Joint Committee. The retaliatory action shall consist of the suspension of concessions having substantially equivalent trade effects or concessions substantially equivalent to the value of the additional duties expected to result from the emergency action. In the selection of the emergency measuremeasure and the retaliatory action, priority must be given to the measure that action which least disturbs the functioning of this Agreement. 67. In critical circumstances where delay would cause damage which would be difficult to repair, the EFTA State concerned or SACU a Party may take a provisional emergency measure not exceeding 120 days pursuant to a preliminary determination that there is clear evidence that increased imports have caused, caused or are threatening to cause, cause serious injury. The Party intending to take such a measure shall immediately inform notify the other Parties thereof and, within 30 days of the date of such notification, the pertinent procedures set out in paragraphs 5 and 6, including for compensatory and retaliatory action, shall be initiated. Any compensation shall be based on the Joint Committee thereof and set into motion total period of application of the procedure according to paragraph 2provisional measure. The period of application of any such provisional measure shall be terminated within six months, at counted as part of the latestduration of the definitive measure and any extension thereof.