Common use of Emergency Measures Clause in Contracts

Emergency Measures. 1. Subject to the provisions of this Article, each Party may, as an emergency measure, to the minimum extent necessary to prevent or remedy the serious injury to a domestic industry of that Party and to facilitate adjustment: (a) suspend the further reduction of any rate of customs duty on the originating good provided for in this Chapter; or (b) increase the rate of customs duty on the originating good to a level not to exceed the lesser of: (i) the most-favored-nation applied rate of customs duty in effect on the day when the emergency measure is taken; and (ii) the most-favored-nation applied rate of customs duty in effect on the day immediately preceding the date of entry into force of this Agreement; if an originating good of the other Party, as a result of the elimination or reduction of a customs duty in accordance with Article 18, is being imported into the former Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions that the imports of that originating good constitute a substantial cause of serious injury, or threat thereof, to a domestic industry of the former Party. 2. Each Party shall not apply emergency measures on an originating good imported up to the limit of quota quantities granted under tariff rate quotas applied in accordance with Schedule in Annex 1. (a) A Party may take an emergency measure only after an investigation has been carried out by the competent authorities of that Party in accordance with the procedures provided for in each Party’s relevant domestic laws and regulations that are consistent with Article 3 and paragraph 2 of Article 4 of the Agreement on Safeguards in Annex 1A to the WTO Agreement (hereinafter referred to in this Chapter as “the Agreement on Safeguards”). (b) The investigation referred to in subparagraph (a) above shall in all cases be completed within one (1) year following its date of initiation. (a) In critical circumstances, where delay would cause damage which it would be difficult to repair, a Party may take a provisional emergency measure, which shall take the form of the measure set out in subparagraph 1(a) or (b) above, pursuant to a preliminary determination that there is clear evidence that increased imports of an originating good have caused or are threatening to cause serious injury to a domestic industry. (b) The Party shall deliver a written notice to the other Party prior to applying a provisional emergency measure. Consultations between the Parties on the application of the provisional emergency measure shall be initiated immediately after the provisional emergency measure is taken. (c) The duration of the provisional emergency measure shall not exceed two hundred (200) days. During that period, the pertinent requirements of paragraph 3 above shall be met. The duration of the provisional emergency measure shall be counted as a part of the period referred to in subparagraph 5(e) below. (d) Paragraph 2 and subparagraph 5(g) of this Article shall be applied mutatis mutandis to the provisional emergency measure. The customs duty imposed as a result of the provisional emergency measure shall be refunded if the subsequent investigation referred to in subparagraph 3(a) above does not determine that increased imports of the originating good have caused or threatened to cause serious injury to a domestic industry. 5. The following conditions and limitations shall apply with regard to an emergency measure: (a) A Party shall immediately deliver a written notice to the other Party upon: (i) initiating an investigation referred to in subparagraph 3(a) above relating to serious injury, or threat thereof, and the reasons for it; and (ii) taking a decision to apply or extend an emergency measure. (b) The Party making the written notice referred to in subparagraph (a) above shall provide the other Party with all pertinent information, which shall include: (i) in the written notice referred to in subparagraph (a)(i) above, the reason for the initiation of the investigation, a precise description of the originating good subject to the investigation and its subheading of the Harmonized System, the period subject to the investigation and the date of initiation of the investigation; and (ii) in the written notice referred to in subparagraph (a)(ii) above, evidence of serious injury or threat thereof caused by the increased imports of an originating good, a precise description of the originating good subject to the proposed emergency measure and its subheading of the Harmonized System, a precise description of the emergency measure, the proposed date of its introduction and its expected duration. (c) When the Party provides the other Party with pertinent information that includes confidential information, the other Party may only disclose non-confidential part, summary or version thereof to the public. (d) A Party proposing to apply or extend an emergency measure shall provide adequate opportunity for prior consultations with the other Party with a view to reviewing the information arising from the investigation referred to in subparagraph 3(a) above, exchanging views on the emergency measure and reaching an agreement on compensation set out in paragraph 6 below. (e) No emergency measure shall be maintained except to the extent and for such period as may be necessary to prevent or remedy serious injury and to facilitate adjustment, provided that such period shall not exceed three (3) years. However, in very exceptional circumstances, an emergency measure may be maintained for up to a total maximum period of four (4) years. In order to facilitate adjustment in a situation where the expected duration of an emergency measure is over one (1) year, the Party maintaining the emergency measure shall progressively liberalize the emergency measure at regular intervals during the period of application. (f) No emergency measure shall be applied again to the import of a particular originating good which has been subject to such an emergency measure, for a period of time equal to the duration of the previous emergency measure or one (1) year, whichever is longer. (g) Upon the termination of an emergency measure, the rate of customs duty shall be the rate which would have been in effect but for the emergency measure. (a) A Party proposing to apply or extend an emergency measure shall provide to the other Party mutually agreed adequate means of trade compensation in the form of concessions of customs duties whose levels are substantially equivalent to the value of the additional customs duties expected to result from the emergency measure. (b) If the Parties are unable to agree on the compensation within thirty (30) days after the commencement of the consultations pursuant to subparagraph 5(d) above, the Party against whose originating good the emergency measure is taken shall be free to suspend the application of concessions of customs duties under this Agreement, which are substantially equivalent to the emergency measure. The Party exercising the right of suspension may suspend the application of concessions of customs duties only for the minimum period necessary to achieve the substantially equivalent effects and only while the emergency measure is maintained. (c) The right of suspension provided for in subparagraph (b) above shall not be exercised for the first twelve (12) months that an emergency measure is in effect, provided that the emergency measure has been taken as a result of an absolute increase in imports and that such an emergency measure conforms to the provisions of this Article. 7. Written notice referred to in subparagraphs 4(b) and 5(a) above and any other communication, including in the form of documents, between the Parties shall be made in English. 8. Each Party shall ensure the consistent, impartial and reasonable administration of its laws and regulations relating to the emergency measure and the provisional emergency measure. 9. Each Party shall ensure equitable, timely, transparent and effective procedures relating to the emergency measure and the provisional emergency measure. 10. Notwithstanding subparagraph 1(b) and 4(a) above, if a decision to apply an emergency measure or a preliminary determination to apply a provisional emergency measure is taken by the last day of the seventh year, each Party may increase the rate of customs duty on the originating good up to the level of the rate of customs duty which is applied on a non-discriminatory basis to the members of the World Trade Organization in effect on the day when the emergency measure or the provisional emergency measure is taken, provided that such an emergency measure or such a provisional emergency measure shall satisfy the condition set out in subparagraph 1(b) above at the latest as from the first day of the eighth year. Note: For the purpose of this paragraph, the term “year” means, with respect to the first year, the period from the date of entry into force of this Agreement until the coming March 31 and, with respect to each subsequent year, the period of twelve (12) months which starts on April 1 of that year. 11. Each Party may take safeguard measures to the originating goods in accordance with: (a) Article XIX of the GATT 1994 and the Agreement on Safeguards, provided that the originating good is the subject of the concession of that Party under the GATT 1994 and, by such a safeguard measure, that Party suspends the obligation of that Party under the GATT 1994 or withdraws or modifies the concession of that Party under the GATT 1994; or (b) Article 5 of the Agreement on Agriculture in Annex 1A to the WTO Agreement (hereinafter referred to in this Chapter as “the Agreement on Agriculture”), provided that the originating good is the subject of the concession of that Party under the GATT 1994 and, by such a safeguard measure, that Party imposes the additional duty under Article 5 of the Agreement on Agriculture. 12. The Parties shall review the provisions of this Article, if necessary, after ten (10) years of the date of entry into force of this Agreement.

Emergency Measures. 1. Subject to the provisions of this Article, each Party may, as an emergency measure, only during the transition period and to the minimum extent necessary to prevent or remedy the serious injury to a domestic industry of that Party and to facilitate adjustment: (a) suspend the further reduction of any rate of customs duty on the originating good provided for in this Chapter; or (b) increase the rate of customs duty on the originating good to a level not to exceed the lesser of: (i) the most-favoredfavoured-nation applied rate of customs duty in effect on at the day time when the emergency measure set out in this paragraph is taken; and (ii) the most-favoredfavoured-nation applied rate of customs duty in effect on the day immediately preceding the date of entry into force of this Agreement; if an originating good of the other Party, which is accorded the preferential tariff treatment provided for in Article 14, as a result of the reduction or elimination or reduction of a customs duty in accordance with Article 18duty, is being imported into the territory of the former Party in such increased quantities, in absolute terms or relative to domestic productionterms, and under such conditions that the imports of that originating good alone constitute a substantial cause of serious injury, or threat thereof, to a domestic industry of the former Party. 2. Each Party shall not apply emergency measures on an originating good imported up to the limit of quota quantities granted under tariff rate quotas applied in accordance with Schedule in Annex 1. (a) A Party may take an emergency a measure set out in paragraph 1 above only after an investigation has been carried out by the competent authorities of that Party in accordance with the same procedures as those provided for in each Party’s relevant domestic laws and regulations that are consistent with Article 3 and paragraph 2 of Article 4 of the Agreement on Safeguards in Annex 1A to the WTO Agreement (hereinafter referred to in this Chapter as “the Agreement on Safeguards”). (b) . The investigation referred to in subparagraph (a) above shall in all cases be completed within one (1) one year following its date of initiationinstitution. (a) In critical circumstances, where delay would cause damage which it would be difficult to repair, a Party may take a provisional emergency measure, which shall take the form of the measure set out in subparagraph 1(a) or (b) above, pursuant to a preliminary determination that there is clear evidence that increased imports of an originating good have caused or are threatening to cause serious injury to a domestic industry. (b) The Party shall deliver a written notice to the other Party prior to applying a provisional emergency measure. Consultations between the Parties on the application of the provisional emergency measure shall be initiated immediately after the provisional emergency measure is taken. (c) The duration of the provisional emergency measure shall not exceed two hundred (200) days. During that period, the pertinent requirements of paragraph 3 above shall be met. The duration of the provisional emergency measure shall be counted as a part of the period referred to in subparagraph 5(e) below. (d) Paragraph 2 and subparagraph 5(g) of this Article shall be applied mutatis mutandis to the provisional emergency measure. The customs duty imposed as a result of the provisional emergency measure shall be refunded if the subsequent investigation referred to in subparagraph 3(a) above does not determine that increased imports of the originating good have caused or threatened to cause serious injury to a domestic industry. 53. The following conditions and limitations shall apply with regard to an emergency measurethe taking of a measure pursuant to paragraph 1 of this Article: (a) A a Party shall immediately deliver a written notice to the other Party upon: (i) initiating an investigation referred to in subparagraph 3(a) above investigatory process relating to serious injury, or threat thereof, and the reasons for it; (ii) making a finding of serious injury, or threat thereof, caused by increased imports; and (iiiii) taking a decision to apply or extend an emergency such a measure.; (b) The Party in making the written notice notification referred to in subparagraph sub- paragraph (a) above above, the Party proposing to apply a measure shall provide the other Party with all pertinent information, which shall include: (i) in the written notice referred to in subparagraph (a)(i) above, the reason for the initiation of the investigation, a precise description of the originating good subject to the investigation and its subheading of the Harmonized System, the period subject to the investigation and the date of initiation of the investigation; and (ii) in the written notice referred to in subparagraph (a)(ii) above, include evidence of serious injury or threat thereof caused by the increased imports of an originating goodimports, a precise description of the originating good subject to involved and the proposed emergency measure and its subheading of the Harmonized System, a precise description of the emergency measure, the proposed date of its introduction of the measure and its expected duration.; (c) When the Party provides the other Party with pertinent information that includes confidential information, the other Party may only disclose non-confidential part, summary or version thereof to the public. (d) A a Party proposing to apply or extend an emergency a measure shall provide adequate opportunity for prior consultations with the other Party with a view to reviewing the information arising from the investigation referred to in subparagraph 3(a) aboveinvestigation, exchanging views on the emergency measure and reaching an agreement on compensation set out in paragraph 6 4 below.. The Parties shall, in such consultations, review, inter alia, the information provided pursuant to sub-paragraph (eb) No emergency above, to determine: (i) whether the provisions of this Article have been complied with; (ii) whether any proposed measure should be taken; and (iii) whether any proposed measure would operate so as to constitute an unnecessary obstacle to trade between the Parties; (d) no measure shall be maintained except to the extent and for such period time as may be necessary to prevent or remedy serious injury and to facilitate adjustment, adjustment provided that such period time shall not exceed three (3) yearsa period of one year. However, in In very exceptional circumstances, an emergency after the prior consultations referred to in sub-paragraph (c) above, a measure may be maintained for up to a total maximum period of four (4) three years. In order to facilitate adjustment in a situation where the expected duration of an emergency measure is over one (1) year, the A Party maintaining the emergency taking such measure shall progressively liberalize present to the emergency measure at regular intervals during the period of application.other Party a schedule leading to its progressive elimination; (fe) No emergency no measure shall be applied again to the import of a particular originating good which has been subject to such an emergency measure, for a period of time equal to the duration of measure during the previous emergency measure or one (1) year, whichever is longer.transition period; and (gf) Upon upon the termination of an emergency the measure, the rate of customs duty shall be the rate which would have been in effect but for the emergency measure. (a) 4. A Party proposing to apply or extend an emergency a measure set out in paragraph 1 of this Article shall provide to the other Party mutually agreed adequate means of trade compensation in the form of concessions of customs duties whose levels are substantially equivalent to the value of the additional customs duties expected to result from the emergency measure. (b) . If the Parties are unable to agree on the compensation within thirty (30) 30 days after of the commencement of the consultations pursuant to subparagraph 5(dsub- paragraph (c) of paragraph 3 above, the Party against whose originating good the emergency measure is taken shall be free to suspend the application of concessions of customs duties under this Agreement, which are substantially equivalent to the emergency measuremeasure applied under paragraph 1 of this Article. The Party exercising the right of suspension may suspend the application of concessions of customs duties only for the minimum period necessary to achieve the substantially equivalent effects and only while the emergency measure is maintainedeffects. (c) The right 5. Nothing in this Chapter shall prevent a Party from applying safeguard measures to a good being imported to that Party irrespective of suspension provided for in subparagraph (b) above shall not be exercised for its source, including such a good being imported from the first twelve (12) months that an emergency measure is in effectother Party, provided that unless such measures are inconsistent with Article XIX of GATT 1994 and the emergency measure has been taken as a result of an absolute increase in imports and that such an emergency measure conforms to the provisions of this ArticleAgreement on Safeguards. 7. Written notice referred to in subparagraphs 4(b) and 5(a) above and any other communication, including in the form of documents, between the Parties shall be made in English. 86. Each Party shall ensure the consistent, impartial and reasonable administration of its laws laws, regulations and regulations relating to decisions governing proceedings of the emergency measure and the provisional emergency measure. 97. Each Party shall, to the extent provided by its laws and regulations, maintain judicial tribunals or procedures for the purpose of the prompt review of administrative actions relating to measures set out in paragraph 1 of this Article. Such tribunals or procedures shall be independent of the authorities responsible for the determination of the measure in question. 8. Each Party shall ensure adopt or maintain equitable, timely, transparent and effective procedures relating to the emergency measure and the provisional emergency measure. 10. Notwithstanding subparagraph 1(b) and 4(a) above, if a decision to apply an emergency measure or a preliminary determination to apply a provisional emergency measure is taken by the last day of the seventh year, each Party may increase the rate of customs duty on the originating good up to the level of the rate of customs duty which is applied on a non-discriminatory basis to the members of the World Trade Organization in effect on the day when the emergency measure or the provisional emergency measure is taken, provided that such an emergency measure or such a provisional emergency measure shall satisfy the condition set out in subparagraph 1(b) above at the latest as from the first day of the eighth year. Note: For the purpose of this paragraph, the term “year” means, with respect to the first year, the period from the date of entry into force of this Agreement until the coming March 31 and, with respect to each subsequent year, the period of twelve (12) months which starts on April 1 of that year. 11. Each Party may take safeguard measures to the originating goods in accordance with: (a) Article XIX of the GATT 1994 and the Agreement on Safeguards, provided that the originating good is the subject of the concession of that Party under the GATT 1994 and, by such a safeguard measure, that Party suspends the obligation of that Party under the GATT 1994 or withdraws or modifies the concession of that Party under the GATT 1994; or (b) Article 5 of the Agreement on Agriculture in Annex 1A to the WTO Agreement (hereinafter referred to in this Chapter as “the Agreement on Agriculture”), provided that the originating good is the subject of the concession of that Party under the GATT 1994 and, by such a safeguard measure, that Party imposes the additional duty under Article 5 of the Agreement on Agriculture. 12. The Parties shall review the provisions of this Article, if necessary, after ten (10) years of the date of entry into force of this Agreement.

Emergency Measures. 1. Subject to the provisions of this Article, each Party may, as an emergency measure, only during the transition period and to the minimum extent necessary to prevent or remedy the serious injury to a domestic industry of that Party and to facilitate adjustment: (a) suspend the further reduction of any rate of customs duty on the originating good provided for in this Chapter; or (b) increase the rate of customs duty on the originating good to a level not to exceed the lesser of: (i) the most-favoredfavoured-nation applied rate of customs duty in effect on at the day time when the emergency measure set out in this paragraph is taken; and (ii) the most-favoredfavoured-nation applied rate of customs duty in effect on the day immediately preceding the date of entry into force of this Agreement; if an originating good of the other Party, which is accorded the preferential tariff treatment provided for in Article 14, as a result of the reduction or elimination or reduction of a customs duty in accordance with Article 18duty, is being imported into the territory of the former Party in such increased quantities, in absolute terms or relative to domestic productionterms, and under such conditions that the imports of that originating good alone constitute a substantial cause of serious injury, or threat thereof, to a domestic industry of the former Party. 2. Each Party shall not apply emergency measures on an originating good imported up to the limit of quota quantities granted under tariff rate quotas applied in accordance with Schedule in Annex 1. (a) A Party may take an emergency a measure set out in paragraph 1 above only after an investigation has been carried out by the competent authorities of that Party in accordance with the same procedures as those provided for in each Party’s relevant domestic laws and regulations that are consistent with Article 3 and paragraph 2 of Article 4 of the Agreement on Safeguards in Annex 1A to the WTO Agreement (hereinafter referred to in this Chapter as “"the Agreement on Safeguards”"). (b) . The investigation referred to in subparagraph (a) above shall in all cases be completed within one (1) one year following its date of initiationinstitution. (a) In critical circumstances, where delay would cause damage which it would be difficult to repair, a Party may take a provisional emergency measure, which shall take the form of the measure set out in subparagraph 1(a) or (b) above, pursuant to a preliminary determination that there is clear evidence that increased imports of an originating good have caused or are threatening to cause serious injury to a domestic industry. (b) The Party shall deliver a written notice to the other Party prior to applying a provisional emergency measure. Consultations between the Parties on the application of the provisional emergency measure shall be initiated immediately after the provisional emergency measure is taken. (c) The duration of the provisional emergency measure shall not exceed two hundred (200) days. During that period, the pertinent requirements of paragraph 3 above shall be met. The duration of the provisional emergency measure shall be counted as a part of the period referred to in subparagraph 5(e) below. (d) Paragraph 2 and subparagraph 5(g) of this Article shall be applied mutatis mutandis to the provisional emergency measure. The customs duty imposed as a result of the provisional emergency measure shall be refunded if the subsequent investigation referred to in subparagraph 3(a) above does not determine that increased imports of the originating good have caused or threatened to cause serious injury to a domestic industry. 53. The following conditions and limitations shall apply with regard to an emergency measurethe taking of a measure pursuant t o paragraph 1 of this Article: (a) A a Party shall immediately deliver a written notice to the other Party upon: (i) initiating an investigation referred to in subparagraph 3(a) above investigatory process relating to serious injury, or threat thereof, and the reasons for it; (ii) making a finding of serious injury, or threat thereof, caused by increased imports; and (iiiii) taking a decision to apply or extend an emergency such a measure.; (b) The Party in making the written notice notification referred to in subparagraph sub-paragraph (a) above above, the Party proposing t o apply a measure shall provide the other Party with all pertinent information, which shall include: (i) in the written notice referred to in subparagraph (a)(i) above, the reason for the initiation of the investigation, a precise description of the originating good subject to the investigation and its subheading of the Harmonized System, the period subject to the investigation and the date of initiation of the investigation; and (ii) in the written notice referred to in subparagraph (a)(ii) above, include evidence of serious injury or threat thereof caused by the increased imports of an originating goodimports, a precise description of the originating good subject to involved and the proposed emergency measure and its subheading of the Harmonized System, a precise description of the emergency measure, the proposed date of its introduction of the measure and its expected duration.; (c) When the Party provides the other Party with pertinent information that includes confidential information, the other Party may only disclose non-confidential part, summary or version thereof to the public. (d) A a Party proposing to apply or extend an emergency a measure shall provide adequate opportunity for prior consultations with the other Party with a view to reviewing the information arising from the investigation referred to in subparagraph 3(a) aboveinvestigation, exchanging views on the emergency measure and reaching an agreement on compensation set out in paragraph 6 4 below. (e) No emergency measure shall be maintained except to the extent and for such period as may be necessary to prevent or remedy serious injury and to facilitate adjustment, provided that such period shall not exceed three (3) years. HoweverThe Parties shall, in very exceptional circumstancessuch consultations, an emergency measure may be maintained for up to a total maximum period of four (4) years. In order to facilitate adjustment in a situation where the expected duration of an emergency measure is over one (1) yearreview, inter alia, the Party maintaining the emergency measure shall progressively liberalize the emergency measure at regular intervals during the period of application. (f) No emergency measure shall be applied again information provided pursuant to the import of a particular originating good which has been subject to such an emergency measure, for a period of time equal to the duration of the previous emergency measure or one (1) year, whichever is longer. (g) Upon the termination of an emergency measure, the rate of customs duty shall be the rate which would have been in effect but for the emergency measure. (a) A Party proposing to apply or extend an emergency measure shall provide to the other Party mutually agreed adequate means of trade compensation in the form of concessions of customs duties whose levels are substantially equivalent to the value of the additional customs duties expected to result from the emergency measure. sub-paragraph (b) If the Parties are unable to agree on the compensation within thirty (30) days after the commencement of the consultations pursuant to subparagraph 5(d) above, the Party against whose originating good the emergency measure is taken shall be free to suspend the application of concessions of customs duties under this Agreement, which are substantially equivalent to the emergency measure. The Party exercising the right of suspension may suspend the application of concessions of customs duties only for the minimum period necessary to achieve the substantially equivalent effects and only while the emergency measure is maintained.determine: (ci) The right of suspension provided for in subparagraph (b) above shall not be exercised for the first twelve (12) months that an emergency measure is in effect, provided that the emergency measure has been taken as a result of an absolute increase in imports and that such an emergency measure conforms to whether the provisions of this Article. 7. Written notice referred to in subparagraphs 4(b) and 5(a) above and any other communication, including in the form of documents, between the Parties shall be made in English. 8. Each Party shall ensure the consistent, impartial and reasonable administration of its laws and regulations relating to the emergency measure and the provisional emergency measure. 9. Each Party shall ensure equitable, timely, transparent and effective procedures relating to the emergency measure and the provisional emergency measure. 10. Notwithstanding subparagraph 1(b) and 4(a) above, if a decision to apply an emergency measure or a preliminary determination to apply a provisional emergency measure is taken by the last day of the seventh year, each Party may increase the rate of customs duty on the originating good up to the level of the rate of customs duty which is applied on a non-discriminatory basis to the members of the World Trade Organization in effect on the day when the emergency measure or the provisional emergency measure is taken, provided that such an emergency measure or such a provisional emergency measure shall satisfy the condition set out in subparagraph 1(b) above at the latest as from the first day of the eighth year. Note: For the purpose of this paragraph, the term “year” means, with respect to the first year, the period from the date of entry into force of this Agreement until the coming March 31 and, with respect to each subsequent year, the period of twelve (12) months which starts on April 1 of that year. 11. Each Party may take safeguard measures to the originating goods in accordance Article have been complied with:; (aii) Article XIX of the GATT 1994 and the Agreement on Safeguards, provided that the originating good is the subject of the concession of that Party under the GATT 1994 whether any proposed measure should be taken; and, by such a safeguard measure, that Party suspends the obligation of that Party under the GATT 1994 or withdraws or modifies the concession of that Party under the GATT 1994; or (b) Article 5 of the Agreement on Agriculture in Annex 1A to the WTO Agreement (hereinafter referred to in this Chapter as “the Agreement on Agriculture”), provided that the originating good is the subject of the concession of that Party under the GATT 1994 and, by such a safeguard measure, that Party imposes the additional duty under Article 5 of the Agreement on Agriculture. 12. The Parties shall review the provisions of this Article, if necessary, after ten (10) years of the date of entry into force of this Agreement.

Emergency Measures. 1. Subject to the provisions of this Article, each Party may, as an emergency measure, only during the transition period and to the minimum extent necessary to prevent or remedy the serious injury to a domestic industry of that Party and to facilitate adjustment: (a) suspend the further reduction of any rate of customs duty on the originating good provided for in this Chapter; or (b) increase the rate of customs duty on the originating good to a level not to exceed the lesser of: (i) the most-favoredfavoured-nation applied rate of customs duty in effect on at the day time when the emergency measure set out in this paragraph is taken; and (ii) the most-favoredfavoured-nation applied rate of customs duty in effect on the day immediately preceding the date of entry into force of this Agreement; if an originating good of the other Party, which is accorded the preferential tariff treatment provided for in Article 14, as a result of the reduction or elimination or reduction of a customs duty in accordance with Article 18duty, is being imported into the territory of the former Party in such increased quantities, in absolute terms or relative to domestic productionterms, and under such conditions that the imports of that originating good alone constitute a substantial cause of serious injury, or threat thereof, to a domestic industry of the former Party. 2. Each Party shall not apply emergency measures on an originating good imported up to the limit of quota quantities granted under tariff rate quotas applied in accordance with Schedule in Annex 1. (a) A Party may take an emergency a measure set out in paragraph 1 above only after an investigation has been carried out by the competent authorities of that Party in accordance with the same procedures as those provided for in each Party’s relevant domestic laws and regulations that are consistent with Article 3 and paragraph 2 of Article 4 of the Agreement on Safeguards in Annex 1A to the WTO Agreement (hereinafter referred to in this Chapter as “the Agreement on Safeguards”). (b) . The investigation referred to in subparagraph (a) above shall in all cases be completed within one (1) one year following its date of initiationinstitution. (a) In critical circumstances, where delay would cause damage which it would be difficult to repair, a Party may take a provisional emergency measure, which shall take the form of the measure set out in subparagraph 1(a) or (b) above, pursuant to a preliminary determination that there is clear evidence that increased imports of an originating good have caused or are threatening to cause serious injury to a domestic industry. (b) The Party shall deliver a written notice to the other Party prior to applying a provisional emergency measure. Consultations between the Parties on the application of the provisional emergency measure shall be initiated immediately after the provisional emergency measure is taken. (c) The duration of the provisional emergency measure shall not exceed two hundred (200) days. During that period, the pertinent requirements of paragraph 3 above shall be met. The duration of the provisional emergency measure shall be counted as a part of the period referred to in subparagraph 5(e) below. (d) Paragraph 2 and subparagraph 5(g) of this Article shall be applied mutatis mutandis to the provisional emergency measure. The customs duty imposed as a result of the provisional emergency measure shall be refunded if the subsequent investigation referred to in subparagraph 3(a) above does not determine that increased imports of the originating good have caused or threatened to cause serious injury to a domestic industry. 53. The following conditions and limitations shall apply with regard to an emergency measurethe taking of a measure pursuant to paragraph 1 of this Article: (a) A a Party shall immediately deliver a written notice to the other Party upon: (i) initiating an investigation referred to in subparagraph 3(a) above investigatory process relating to serious injury, or threat thereof, and the reasons for it; (ii) making a finding of serious injury, or threat thereof, caused by increased imports; and (iiiii) taking a decision to apply or extend an emergency such a measure.; (b) The Party in making the written notice notification referred to in subparagraph sub-paragraph (a) above above, the Party proposing to apply a measure shall provide the other Party with all pertinent information, which shall include: (i) in the written notice referred to in subparagraph (a)(i) above, the reason for the initiation of the investigation, a precise description of the originating good subject to the investigation and its subheading of the Harmonized System, the period subject to the investigation and the date of initiation of the investigation; and (ii) in the written notice referred to in subparagraph (a)(ii) above, include evidence of serious injury or threat thereof caused by the increased imports of an originating goodimports, a precise description of the originating good subject to involved and the proposed emergency measure and its subheading of the Harmonized System, a precise description of the emergency measure, the proposed date of its introduction of the measure and its expected duration.; (c) When the Party provides the other Party with pertinent information that includes confidential information, the other Party may only disclose non-confidential part, summary or version thereof to the public. (d) A a Party proposing to apply or extend an emergency a measure shall provide adequate opportunity for prior consultations with the other Party with a view to reviewing the information arising from the investigation referred to in subparagraph 3(a) aboveinvestigation, exchanging views on the emergency measure and reaching an agreement on compensation set out in paragraph 6 4 below.. The Parties shall, in such consultations, review, inter alia, the information provided pursuant to sub-paragraph (eb) No emergency above, to determine: (i) whether the provisions of this Article have been complied with; (ii) whether any proposed measure should be taken; and (iii) whether any proposed measure would operate so as to constitute an unnecessary obstacle to trade between the Parties; (d) no measure shall be maintained except to the extent and for such period time as may be necessary to prevent or remedy serious injury and to facilitate adjustment, adjustment provided that such period time shall not exceed three (3) yearsa period of one year. However, in In very exceptional circumstances, an emergency after the prior consultations referred to in sub-paragraph (c) above, a measure may be maintained for up to a total maximum period of four (4) three years. In order to facilitate adjustment in a situation where the expected duration of an emergency measure is over one (1) year, the A Party maintaining the emergency taking such measure shall progressively liberalize present to the emergency measure at regular intervals during the period of application.other Party a schedule leading to its progressive elimination; (fe) No emergency no measure shall be applied again to the import of a particular originating good which has been subject to such an emergency measure, for a period of time equal to the duration of measure during the previous emergency measure or one (1) year, whichever is longer.transition period; and (gf) Upon upon the termination of an emergency the measure, the rate of customs duty shall be the rate which would have been in effect but for the emergency measure. (a) 4. A Party proposing to apply or extend an emergency a measure set out in paragraph 1 of this Article shall provide to the other Party mutually agreed adequate means of trade compensation in the form of concessions of customs duties whose levels are substantially equivalent to the value of the additional customs duties expected to result from the emergency measure. (b) . If the Parties are unable to agree on the compensation within thirty (30) 30 days after of the commencement of the consultations pursuant to subparagraph 5(dsub-paragraph (c) of paragraph 3 above, the Party against whose originating good the emergency measure is taken shall be free to suspend the application of concessions of customs duties under this Agreement, which are substantially equivalent to the emergency measuremeasure applied under paragraph 1 of this Article. The Party exercising the right of suspension may suspend the application of concessions of customs duties only for the minimum period necessary to achieve the substantially equivalent effects and only while the emergency measure is maintainedeffects. (c) The right 5. Nothing in this Chapter shall prevent a Party from applying safeguard measures to a good being imported to that Party irrespective of suspension provided for in subparagraph (b) above shall not be exercised for its source, including such a good being imported from the first twelve (12) months that an emergency measure is in effectother Party, provided that unless such measures are inconsistent with Article XIX of GATT 1994 and the emergency measure has been taken as a result of an absolute increase in imports and that such an emergency measure conforms to the provisions of this ArticleAgreement on Safeguards. 7. Written notice referred to in subparagraphs 4(b) and 5(a) above and any other communication, including in the form of documents, between the Parties shall be made in English. 86. Each Party shall ensure the consistent, impartial and reasonable administration of its laws laws, regulations and regulations relating to decisions governing proceedings of the emergency measure and the provisional emergency measure. 97. Each Party shall, to the extent provided by its laws and regulations, maintain judicial tribunals or procedures for the purpose of the prompt review of administrative actions relating to measures set out in paragraph 1 of this Article. Such tribunals or procedures shall be independent of the authorities responsible for the determination of the measure in question. 8. Each Party shall ensure adopt or maintain equitable, timely, transparent and effective procedures relating to the emergency measure and the provisional emergency measure. 10. Notwithstanding subparagraph 1(b) and 4(a) above, if a decision to apply an emergency measure or a preliminary determination to apply a provisional emergency measure is taken by the last day of the seventh year, each Party may increase the rate of customs duty on the originating good up to the level of the rate of customs duty which is applied on a non-discriminatory basis to the members of the World Trade Organization in effect on the day when the emergency measure or the provisional emergency measure is taken, provided that such an emergency measure or such a provisional emergency measure shall satisfy the condition set out in subparagraph 1(b) above at the latest as from the first day of the eighth year. Note: For the purpose of this paragraph, the term “year” means, with respect to the first year, the period from the date of entry into force of this Agreement until the coming March 31 and, with respect to each subsequent year, the period of twelve (12) months which starts on April 1 of that year. 11. Each Party may take safeguard measures to the originating goods in accordance with: (a) Article XIX of the GATT 1994 and the Agreement on Safeguards, provided that the originating good is the subject of the concession of that Party under the GATT 1994 and, by such a safeguard measure, that Party suspends the obligation of that Party under the GATT 1994 or withdraws or modifies the concession of that Party under the GATT 1994; or (b) Article 5 of the Agreement on Agriculture in Annex 1A to the WTO Agreement (hereinafter referred to in this Chapter as “the Agreement on Agriculture”), provided that the originating good is the subject of the concession of that Party under the GATT 1994 and, by such a safeguard measure, that Party imposes the additional duty under Article 5 of the Agreement on Agriculture. 12. The Parties shall review the provisions of this Article, if necessary, after ten (10) years of the date of entry into force of this Agreement.

Emergency Measures. 1. Subject to the provisions of this Article, each Party mayPartymay, as an emergency measure, only during the transition period and to the minimum extent minimumextent necessary to prevent or remedy the serious injury to a domestic industry of that Party and to facilitate tofacilitate adjustment: : (a) suspend the further reduction of any rate of customs ofcustoms duty on the originating good provided for in this ChapterthisChapter; or or (b) increase the rate of customs duty on the originating good to a toa level not to exceed the lesser of: : (i) the most-favoredfavoured-nation applied rate of customs ofcustoms duty in effect on at the day time when the emergency measure themeasure set out in this paragraph is taken; and taken;and (ii) the most-favoredfavoured-nation applied rate of customs ofcustoms duty in effect on the day immediately dayimmediately preceding the date of entry into force intoforce of this Agreement; if an originating good of the other Party, which isaccorded the preferential tariff treatment provided for inArticle 14, as a result of the reduction or elimination or reduction of a ofa customs duty in accordance with Article 18duty, is being imported into the former territory of theformer Party in such increased quantities, in absolute terms or relative to domestic productionabsoluteterms, and under such conditions that the imports of that originating thatoriginating good alone constitute a substantial cause of serious ofserious injury, or threat thereof, to a domestic industry of industryof the former Party. 2. Each Party shall not apply emergency measures on an originating good imported up to the limit of quota quantities granted under tariff rate quotas applied in accordance with Schedule in Annex 1. (a) A Party may take an emergency a measure set out in paragraph 1above only after an investigation has been carried out by the bythe competent authorities of that Party in accordance with the withthe same procedures as those provided for in each Party’s relevant domestic laws and regulations that are consistent with Article 3 and paragraph andparagraph 2 of Article 4 of the Agreement on Safeguards in Annex inAnnex 1A to the WTO Agreement (hereinafter referred to in this inthis Chapter as “"the Agreement on Safeguards”"). The investigation shall in all cases be completed within oneyear following its date of institution. 3. The following conditions and limitations shall applyto the taking of a measure pursuant to paragraph 1 of thisArticle: (a) a Party shall immediately deliver a writtennotice to the other Party upon: (i) initiating an investigatory process relatingto serious injury, or threat thereof, andthe reasons for it; (ii) making a finding of serious injury, orthreat thereof, caused by increased imports;and (iii) taking a decision to apply such a measure; (b) The investigation in making the notification referred to in subparagraph (a) above shall in all cases be completed within one (1) year following its date of initiation. (a) In critical circumstances, where delay would cause damage which it would be difficult to repair, a Party may take a provisional emergency measure, which shall take the form of the measure set out in subparagraph 1(a) or (b) above, pursuant the Party proposing to a preliminary determination that there is clear evidence that increased imports of an originating good have caused or are threatening to cause serious injury to a domestic industry. (b) The Party shall deliver a written notice to the other Party prior to applying a provisional emergency measure. Consultations between the Parties on the application of the provisional emergency applya measure shall be initiated immediately after the provisional emergency measure is taken. (c) The duration of the provisional emergency measure shall not exceed two hundred (200) days. During that period, the pertinent requirements of paragraph 3 above shall be met. The duration of the provisional emergency measure shall be counted as a part of the period referred to in subparagraph 5(e) below. (d) Paragraph 2 and subparagraph 5(g) of this Article shall be applied mutatis mutandis to the provisional emergency measure. The customs duty imposed as a result of the provisional emergency measure shall be refunded if the subsequent investigation referred to in subparagraph 3(a) above does not determine that increased imports of the originating good have caused or threatened to cause serious injury to a domestic industry. 5. The following conditions and limitations shall apply with regard to an emergency measure: (a) A Party shall immediately deliver a written notice to the other Party upon: (i) initiating an investigation referred to in subparagraph 3(a) above relating to serious injury, or threat thereof, and the reasons for it; and (ii) taking a decision to apply or extend an emergency measure. (b) The Party making the written notice referred to in subparagraph (a) above shall provide the other Party with all pertinent allpertinent information, which shall include: (i) in the written notice referred to in subparagraph (a)(i) above, the reason for the initiation of the investigation, a precise description of the originating good subject to the investigation and its subheading of the Harmonized System, the period subject to the investigation and the date of initiation of the investigation; and (ii) in the written notice referred to in subparagraph (a)(ii) above, evidence includeevidence of serious injury or threat thereof caused thereofcaused by the increased imports of an originating goodimports, a precise description precisedescription of the originating good subject to involved and the proposed emergency measure and its subheading of the Harmonized System, a precise description of the emergency measureproposedmeasure, the proposed date of its introduction of themeasure and its expected duration. ; (c) When the Party provides the other Party with pertinent information that includes confidential information, the other Party may only disclose non-confidential part, summary or version thereof to the public. (d) A a Party proposing to apply or extend an emergency a measure shall provide shallprovide adequate opportunity for prior consultations priorconsultations with the other Party with a view to reviewing toreviewing the information arising from the investigation referred to in subparagraph 3(a) abovetheinvestigation, exchanging views on the emergency measure and reaching an agreement on compensation set out in paragraph 6 below.exchanging (e) No emergency measure shall be maintained except to the extent and for such period as may be necessary to prevent or remedy serious injury and to facilitate adjustment, provided that such period shall not exceed three (3) years4. However, in very exceptional circumstances, an emergency measure may be maintained for up to a total maximum period of four (4) years. In order to facilitate adjustment in a situation where the expected duration of an emergency measure is over one (1) year, the Party maintaining the emergency measure shall progressively liberalize the emergency measure at regular intervals during the period of application. (f) No emergency measure shall be applied again to the import of a particular originating good which has been subject to such an emergency measure, for a period of time equal to the duration of the previous emergency measure or one (1) year, whichever is longer. (g) Upon the termination of an emergency measure, the rate of customs duty shall be the rate which would have been in effect but for the emergency measure. (a) A Party proposing to apply or extend an emergency a measure set out inparagraph 1 of this Article shall provide to the other Party otherParty mutually agreed adequate means of trade compensation in compensationin the form of concessions of customs duties whose levels are substantially equivalent to the value of the additional customs duties additionalduties expected to result from the emergency measure. (b) . If the Parties are unable to agree on the compensation within thirty (30) 30 days after the ofthe commencement of the consultations pursuant to subparagraph 5(d(c) of paragraph 3 above, the Party against whose originating whoseoriginating good the emergency measure is taken shall be free to suspend tosuspend the application of concessions of customs duties under dutiesunder this Agreement, which are substantially equivalent to the emergency measuretothe measure applied under paragraph 1 of this Article. The Party exercising the right of suspension may suspend the application theapplication of concessions of customs duties only for the minimum theminimum period necessary to achieve the substantially equivalent effects and only while the emergency measure is maintained. (c) The right substantiallyequivalent effects. 5. Nothing in this Chapter shall prevent a Party fromapplying safeguard measures to a good being imported tothat Party irrespective of suspension provided for in subparagraph (b) above shall not be exercised for the first twelve (12) months that an emergency measure is in effect, provided that the emergency measure has been taken as a result of an absolute increase in imports and that such an emergency measure conforms to the provisions of this Article. 7. Written notice referred to in subparagraphs 4(b) and 5(a) above and any other communicationits source, including in such agood being imported from the form other Party, unless suchmeasures are inconsistent with Article XIX of documents, between GATT 1994 and the Parties shall be made in English. 8Agreement on Safeguards. 6. Each Party shall ensure the consistent, impartial and reasonable andreasonable administration of its laws and laws, regulations relating to anddecisions governing proceedings of the emergency measure and the provisional emergency measure. 9. Each Party shall ensure equitable, timely, transparent and effective procedures relating to the emergency measure and the provisional emergency measure. 10. Notwithstanding subparagraph 1(b) and 4(a) above, if a decision to apply an emergency measure or a preliminary determination to apply a provisional emergency measure is taken by the last day of the seventh year, each Party may increase the rate of customs duty on the originating good up to the level of the rate of customs duty which is applied on a non-discriminatory basis to the members of the World Trade Organization in effect on the day when the emergency measure or the provisional emergency measure is taken, provided that such an emergency measure or such a provisional emergency measure shall satisfy the condition set out in subparagraph 1(b) above at the latest as from the first day of the eighth year. Note: For the purpose of this paragraph, the term “year” means, with respect to the first year, the period from the date of entry into force of this Agreement until the coming March 31 and, with respect to each subsequent year, the period of twelve (12) months which starts on April 1 of that year. 11. Each Party may take safeguard measures to the originating goods in accordance with: (a) Article XIX of the GATT 1994 and the Agreement on Safeguards, provided that the originating good is the subject of the concession of that Party under the GATT 1994 and, by such a safeguard measure, that Party suspends the obligation of that Party under the GATT 1994 or withdraws or modifies the concession of that Party under the GATT 1994; or (b) Article 5 of the Agreement on Agriculture in Annex 1A to the WTO Agreement (hereinafter referred to in this Chapter as “the Agreement on Agriculture”), provided that the originating good is the subject of the concession of that Party under the GATT 1994 and, by such a safeguard measure, that Party imposes the additional duty under Article 5 of the Agreement on Agriculture. 12. The Parties shall review the provisions of this Article, if necessary, after ten (10) years of the date of entry into force of this Agreement.

Emergency Measures. 1. Subject to the provisions of this Article, each Party may, as an emergency measure, only during the transition period and to the minimum extent necessary to prevent or remedy the serious injury to a domestic industry of that Party and to facilitate adjustment: (a) suspend the further reduction of any rate of customs duty on the originating good provided for in this Chapter; or (b) increase the rate of customs duty on the originating good to a level not to exceed the lesser of: (i) the most-favoredfavoured-nation applied rate of customs duty in effect on at the day time when the emergency measure set out in this paragraph is taken; and (ii) the most-favoredfavoured-nation applied rate of customs duty in effect on the day immediately preceding the date of entry into force of this Agreement; if an originating good of the other Party, which is accorded the preferential tariff treatment provided for in Article 14, as a result of the reduction or elimination or reduction of a customs duty in accordance with Article 18duty, is being imported into the territory of the former Party in such increased quantities, in absolute terms or relative to domestic productionterms, and under such conditions that the imports of that originating good alone constitute a substantial cause of serious injury, or threat thereof, to a domestic industry of the former Party. 2. Each Party shall not apply emergency measures on an originating good imported up to the limit of quota quantities granted under tariff rate quotas applied in accordance with Schedule in Annex 1. (a) A Party may take an emergency a measure set out in paragraph 1 above only after an investigation has been carried out by the competent authorities of that Party in accordance with the same procedures as those provided for in each Party’s relevant domestic laws and regulations that are consistent with Article 3 and paragraph 2 of Article 4 of the Agreement on Safeguards in Annex 1A to the WTO Agreement (hereinafter referred to in this Chapter as “the Agreement on Safeguards”). (b) . The investigation referred to in subparagraph (a) above shall in all cases be completed within one (1) one year following its date of initiationinstitution. (a) In critical circumstances, where delay would cause damage which it would be difficult to repair, a Party may take a provisional emergency measure, which shall take the form of the measure set out in subparagraph 1(a) or (b) above, pursuant to a preliminary determination that there is clear evidence that increased imports of an originating good have caused or are threatening to cause serious injury to a domestic industry. (b) The Party shall deliver a written notice to the other Party prior to applying a provisional emergency measure. Consultations between the Parties on the application of the provisional emergency measure shall be initiated immediately after the provisional emergency measure is taken. (c) The duration of the provisional emergency measure shall not exceed two hundred (200) days. During that period, the pertinent requirements of paragraph 3 above shall be met. The duration of the provisional emergency measure shall be counted as a part of the period referred to in subparagraph 5(e) below. (d) Paragraph 2 and subparagraph 5(g) of this Article shall be applied mutatis mutandis to the provisional emergency measure. The customs duty imposed as a result of the provisional emergency measure shall be refunded if the subsequent investigation referred to in subparagraph 3(a) above does not determine that increased imports of the originating good have caused or threatened to cause serious injury to a domestic industry. 53. The following conditions and limitations shall apply with regard to an emergency measurethe taking of a measure pursuant to paragraph 1 of this Article: (a) A a Party shall immediately deliver a written notice to the other Party upon: (i) initiating an investigation referred to in subparagraph 3(a) above investigatory process relating to serious injury, or threat thereof, and the reasons for it; (ii) making a finding of serious injury, or threat thereof, caused by increased imports; and (iiiii) taking a decision to apply or extend an emergency such a measure.; (b) The Party in making the written notice notification referred to in subparagraph sub-paragraph (a) above above, the Party proposing to apply a measure shall provide the other Party with all pertinent information, which shall include: (i) in the written notice referred to in subparagraph (a)(i) above, the reason for the initiation of the investigation, a precise description of the originating good subject to the investigation and its subheading of the Harmonized System, the period subject to the investigation and the date of initiation of the investigation; and (ii) in the written notice referred to in subparagraph (a)(ii) above, include evidence of serious injury or threat thereof caused by the increased imports of an originating goodimports, a precise description of the originating good subject to involved and the proposed emergency measure and its subheading of the Harmonized System, a precise description of the emergency measure, the proposed date of its introduction of the measure and its expected duration.; (c) When the Party provides the other Party with pertinent information that includes confidential information, the other Party may only disclose non-confidential part, summary or version thereof to the public. (d) A a Party proposing to apply or extend an emergency a measure shall provide adequate opportunity for prior consultations with the other Party with a view to reviewing the information arising from the investigation referred to in subparagraph 3(a) aboveinvestigation, exchanging views on the emergency measure and reaching an agreement on compensation set out in paragraph 6 4 below. (e) No emergency measure shall be maintained except to the extent and for such period as may be necessary to prevent or remedy serious injury and to facilitate adjustment, provided that such period shall not exceed three (3) years. However, in very exceptional circumstances, an emergency measure may be maintained for up to a total maximum period of four (4) years. In order to facilitate adjustment in a situation where the expected duration of an emergency measure is over one (1) year, the Party maintaining the emergency measure shall progressively liberalize the emergency measure at regular intervals during the period of application. (f) No emergency measure shall be applied again to the import of a particular originating good which has been subject to such an emergency measure, for a period of time equal to the duration of the previous emergency measure or one (1) year, whichever is longer. (g) Upon the termination of an emergency measure, the rate of customs duty shall be the rate which would have been in effect but for the emergency measure. (a) A Party proposing to apply or extend an emergency measure shall provide to the other Party mutually agreed adequate means of trade compensation in the form of concessions of customs duties whose levels are substantially equivalent to the value of the additional customs duties expected to result from the emergency measure. (b) If the Parties are unable to agree on the compensation within thirty (30) days after the commencement of the consultations pursuant to subparagraph 5(d) above, the Party against whose originating good the emergency measure is taken shall be free to suspend the application of concessions of customs duties under this Agreement, which are substantially equivalent to the emergency measure. The Party exercising the right of suspension may suspend the application of concessions of customs duties only for the minimum period necessary to achieve the substantially equivalent effects and only while the emergency measure is maintained. (c) The right of suspension provided for in subparagraph (b) above shall not be exercised for the first twelve (12) months that an emergency measure is in effect, provided that the emergency measure has been taken as a result of an absolute increase in imports and that such an emergency measure conforms to the provisions of this Article. 7. Written notice referred to in subparagraphs 4(b) and 5(a) above and any other communication, including in the form of documents, between the Parties shall be made in English. 8. Each Party shall ensure the consistent, impartial and reasonable administration of its laws and regulations relating to the emergency measure and the provisional emergency measure. 9. Each Party shall ensure equitable, timely, transparent and effective procedures relating to the emergency measure and the provisional emergency measure. 10. Notwithstanding subparagraph 1(b) and 4(a) above, if a decision to apply an emergency measure or a preliminary determination to apply a provisional emergency measure is taken by the last day of the seventh year, each Party may increase the rate of customs duty on the originating good up to the level of the rate of customs duty which is applied on a non-discriminatory basis to the members of the World Trade Organization in effect on the day when the emergency measure or the provisional emergency measure is taken, provided that such an emergency measure or such a provisional emergency measure shall satisfy the condition set out in subparagraph 1(b) above at the latest as from the first day of the eighth year. Note: For the purpose of this paragraph, the term “year” means, with respect to the first year, the period from the date of entry into force of this Agreement until the coming March 31 and, with respect to each subsequent year, the period of twelve (12) months which starts on April 1 of that year. 11. Each Party may take safeguard measures to the originating goods in accordance with: (a) Article XIX of the GATT 1994 and the Agreement on Safeguards, provided that the originating good is the subject of the concession of that Party under the GATT 1994 and, by such a safeguard measure, that Party suspends the obligation of that Party under the GATT 1994 or withdraws or modifies the concession of that Party under the GATT 1994; or (b) Article 5 of the Agreement on Agriculture in Annex 1A to the WTO Agreement (hereinafter referred to in this Chapter as “the Agreement on Agriculture”), provided that the originating good is the subject of the concession of that Party under the GATT 1994 and, by such a safeguard measure, that Party imposes the additional duty under Article 5 of the Agreement on Agriculture. 12. The Parties shall review shall, in such consultations, review, inter alia, the provisions of this Article, if necessary, after ten (10) years of the date of entry into force of this Agreement.information provided pursuant to sub-paragraph