Global Actions. 1. Each Party retains its rights and obligations under Article XIX of GATT 1994 and the Safeguards Agreement.
2. This Agreement does not confer any additional rights or obligations on the Parties with regard to actions taken pursuant to Article XIX of GATT 1994 and the Safeguards Agreement.
Global Actions. 1. Each Party retains its rights and obligations under Article XIX of the GATT 1994 and the Agreement on Safeguards of the WTO Agreement except those regarding compensation or retaliation and exclusion from an action to the extent that such rights or obligations are inconsistent with this Article. Any Party taking an emergency action under Article XIX of the GATT 1994 and the Agreement on Safeguards of the WTO Agreement shall exclude imports of a good from the other Party from the action unless:
(a) imports from the other Party account for a substantial share of total imports; and
(b) imports from the other Party contribute importantly to the serious injury, or threat thereof, caused by imports.
2. In determining whether:
(a) imports from the other Party account for a substantial share of total imports, those imports normally shall not be considered to account for a substantial share of total imports if that Party is not among the top five suppliers of the good subject to the proceeding, measured in terms of import share during the most recent three-year period; and
(b) imports from the other Party contribute importantly to the serious injury, or threat thereof, the competent investigating authority shall consider such factors as the change in the import share of the other Party, and the level and change in the level of imports of the other Party. In this regard, imports from a Party normally shall not be deemed to contribute importantly to serious injury, or the threat thereof, if the growth rate of imports from a Party during the period in which the injurious surge in imports occurred is appreciably lower than the growth rate of total imports from all sources over the same period.
3. A Party taking such action, from which a good from the other Party is initially excluded pursuant to paragraph 1, shall have the right subsequently to include that good from the other Party in the action in the event that the competent investigating authority determines that a surge in imports of such good from the other Party undermines the effectiveness of the action.
4. A Party shall, without delay, deliver written notice to the other Party of the institution of a proceeding that may result in emergency action under paragraph 1 or 3.
5. Neither Party may impose restrictions on a good in an action under paragraph 1 or 3:
(a) without delivery of prior written notice to the Commission, and without adequate opportunity for consultation with the other Party, as far in advance ...
Global Actions. 1. Each Party retains its rights and obligations under Article XIX of the GATT 1994 and the Safeguards Agreement.
2. This Agreement does not confer any additional rights or obligations on the Parties with regard to actions taken pursuant to Article XIX of the GATT 1994 and the Safeguards Agreement, except that a Party taking such an action may exclude imports of an originating good of another Party if such imports are not a substantial cause of serious injury or threat thereof.
3. No Party may apply, with respect to the same good, at the same time:
(a) a safeguard measure; and
(b) a measure under Article XIX of the GATT 1994 and the Safeguards Agreement.
Global Actions. 1. Each Party retains its rights and obligations under Article XIX of GATT 1994 and the WTO Agreement onSafeguards.
2. This Agreement does not confer any additional rights or obligations upon the Parties regarding actions taken pursuant to Article XIX of GATT 1994 and the WTO Agreement on Safeguards. When a Party decides to adopt a safeguard measure in accordance with Article XIX of GATT 1994 and the WTO Agreement on Safeguards, that Party may exclude imports of an originating good from
3. Where the Party's imports represent less than 5 per cent (5%) of the total volume of imports of that good, such imports shall not
4. No Party may apply, with respect to the same good, at the same time: (a) a safeguard measure under this Chapter; and (a) a measure under Article XIX of GATT 1994 and the WTO Agreement onSafeguards.
