Common use of Procedure for the Clause in Contracts

Procedure for the. application of safeguard measures 1. Before initiating the procedure for the application of safeguard measures set out in the following paragraphs of the present Article, the Parties shall endeavour to solve any differences between them through direct consultations. 2. In the event of a Party subjecting imports of products liable to give rise to the situation referred to in Article 27 to an administrative procedure having as its purpose the rapid provision of information on the trend of trade flows, it shall inform the other party. 3. Without prejudice to paragraph 7 of the present Article, a Party which considers resorting to safetuard measures shall promptly notify the other Party and the Joint Committee thereof and supply all relevant information. Consultations between the Parties shall take place without delay in the Joint Committee with a view to finding a solution. a. As regards Articles 26, 27 and 29, the Joint Committee shall examine the case or the situation and may take any decision needed to put an end to the difficulties notified by the Party concerned. In the absence of such decision within thirty days of the matter being referred to the Joint Committee, the Party concerned may not adopt the measures necessary in order to remedy the situation. b. As regards Article 30, the Party concerned may take appropriate measures after the consultations have been concluded or a period of three months has elapsed from the date of notification. c. As regards Article 22 and 23, the Parties concerned shall give the Joint Committee all the assistance required in order to examine the case and, where appropriate, eliminate the practice objected to. If the Party in question fails to put an end to the practice objected to within the period fixed by the Joint Committee, or if the Joint Committee fails to reach an agreement within thirty working days of the matter being referred to it, the Party concerned may adopt the appropriate measures to deal with the difficulties resulting from the practice in question.

Procedure for the. application of safeguard measures 1. Before initiating the procedure for the application of safeguard measures set out in the following paragraphs of the present this Article, the Contracting Parties shall endeavour to solve any differences between them through direct consultations. 2. In the event of a Contracting Party subjecting imports of products liable to give rise to the situation referred to in Article 27 23 of this Agreement to an administrative procedure having as its purpose the rapid provision of information on the trend of trade flows, it shall inform the other partyContracting Party. 3. Without prejudice With regard to paragraph 7 Articles 22, 23 and 25 of the present Article, a Party which considers resorting to safetuard measures shall promptly notify the other Party and the Joint Committee thereof and supply all relevant information. Consultations between the Parties shall take place without delay in the Joint Committee with a view to finding a solution. a. As regards Articles 26, 27 and 29this Agreement, the Joint Committee shall examine the case or the situation and may take any decision needed to put an end to the difficulties notified by the Contracting Party concerned. In the case of the absence of such the decision within thirty 30 days of the matter being referred to the Joint Committee, the Contracting Party concerned may not adopt the measures necessary in order to remedy the situation. b. 4. As regards Article 3026 of this Agreement, the Contracting Party concerned may take appropriate measures after the consultations have been concluded or a period of three months has elapsed from the date of notificationthe first written notification to the other Contracting Party. c. As regards Article 22 5. With regard to Articles 18 and 2319 of this Agreement, the Parties Contracting Party concerned shall give the Joint Committee all the assistance required in order to examine the case and, where appropriate, eliminate the practice objected to. If the Contracting Party in question fails to put an end to the practice objected to within the period fixed by the Joint Committee, or if the Joint Committee fails to reach an agreement within thirty working days of the matter being referred to it, the Contracting Party concerned may adopt the appropriate measures to deal with the difficulties resulting from the practice in question. 6. The safeguard measures taken shall be immediately notified to the other Contracting Party. They shall be limited with regard to their extent and to their duration to what is strictly necessary in order to rectify the situation giving rise to their application and shall not be in excess of the injury caused by the practice or the difficulty in question. Priority shall be given to measures, which least disturb the implementation of this Agreement. Measures that the Contracting Party is taking against some action or failure of the other Contracting Party may affect exclusively trade with that Contracting Party. 7. The safeguard measures taken shall be the subject of periodic consultations within the Joint Committee with a view to their relaxation as soon as possible, or abolition when situation no longer justify their maintenance. 8. Where exceptional circumstances requiring immediate action make prior examination impossible, the Contracting Party concerned may, in the cases of Articles 22, 23 and 25 of this Agreement, apply forthwith the provisional measures necessary to remedy the situation. The measures taken shall be notified without delay to the other Contracting Party and, consultations between the Contracting Parties shall take place as soon as possible within the Joint Committee. 9. Without prejudice to paragraph 8 of this Article of this Agreement, the Contracting Party, which considers resorting to safeguard measures shall promptly notify in written the other Contracting Party thereof and supply all relevant information. Consultations between the Contracting Parties shall take place without delay within the Joint Committee with a view to finding a solution acceptable for both Contracting Parties. Article 28‌‌‌‌‌‌ 1. The Contracting Parties shall endeavour to avoid the imposition of restrictive measures including measures relating to imports for balance of payments difficulties. 2. Where one Contracting Party is in serious balance of payments difficulties, or under imminent threat thereof, it may, in accordance with the corresponding provisions of the GATT 1994 and the WTO, adopt restrictive measures, including measures related to imports, which shall be of limited duration and may not go beyond what is necessary to remedy the balance of payments situation. Those measures shall be progressively relaxed as balance of payments conditions improve and they shall be eliminated when their maintenance is no longer justified. The Contracting Party concerned shall inform the other Contracting Party forthwith of their introduction and, whenever practicable, of a time schedule for their gradual removal.

Procedure for the. application of safeguard measures 1. Before initiating the procedure for the application of safeguard measures set out in the following paragraphs of the present Article, the States Parties to this Agreement shall endeavour to solve any differences between them through direct consultations. 2. In the event of a Party subjecting imports of products liable to give rise to the situation referred to in Article 27 to an administrative procedure having as its purpose the rapid provision of information on the trend of trade flows, it shall inform the other party. 3. Without prejudice to paragraph 7 6 of the present Article, a State Party to this Agreement, which considers resorting to safetuard measures safeguard measures, shall promptly notify the other State Party and the Joint Committee thereof and supply all relevant information. Consultations between the State Parties shall take place without delay in the Joint Committee with a view to finding a mutually acceptable solution. a. (a) As regards Article 17, the States Parties shall give the Joint Committee all the assistance required in order to examine the case. If the State Party fails to put an end to the practice objected to, within the period fixed by the Joint Committee, or if the Joint Committee fails to reach an agreement after consultations, or after 30 days following the referral for such consultations, the State Party concerned may adopt the appropriate measures to deal with the difficulties resulting from the practice in question. (b) As regards Articles 2620, 27 21 and 2922, the Joint Committee shall examine the case or the situation and may take any decision needed to put an end to the difficulties notified by the State Party concerned. In the absence of such a decision within thirty 30 days of the matter being referred to the Joint Committee, the State Party concerned may not adopt the measures necessary in order to remedy the situation. b. (c) As regards Article 3024, the State Party concerned may take appropriate measures after shall supply the consultations have been concluded Joint Committee with all relevant information required for a thorough examination of the situation with a view to seeking a mutually acceptable solution. If the Joint Committee fails to reach such a solution or if a period of three months 30 days has elapsed from the date of notification, the State Party concerned may take appropriate measures. c. As regards Article 22 4. The safeguard measures taken shall be notified immediately to the other Party to this Agreement and 23, to the Parties concerned Joint Committee. They will be restricted with regard to their extent and to their duration to what is strictly necessary in order to rectify the situation giving rise to their application and shall give not be in excess of the injury caused by the practice or the difficulty in question. Priority shall be given to such measures as will least disturb the functioning of the Agreement. 5. The safeguard measures taken shall be the object of regular consultation within the Joint Committee all with a view to their relaxation, substitution or abolition, as soon a possible. 6. Where exceptional circumstances requiring immediate action make prior examination impossible, the assistance required State Party concerned may, in order the cases of Articles 20, 21 and 22 apply forthwith the precautionary and provisional measures strictly necessary to examine remedy the case and, where appropriate, eliminate respective situation. The measures shall be notified without delay and consultations between the practice objected to. If the Party in question fails States Parties to put an end to the practice objected to this Agreement shall take place as soon as possible within the period fixed by the Joint Committee, or if the Joint Committee fails to reach an agreement within thirty working days of the matter being referred to it, the Party concerned may adopt the appropriate measures to deal with the difficulties resulting from the practice in question.

Procedure for the. application of safeguard measures 1. Before initiating the procedure for the application of safeguard measures set out in the following paragraphs of the present this Article, the Parties shall endeavour to solve any differences between them through direct consultations. 2. In the event of a Party subjecting imports of products liable to give rise to the situation referred to cases specified in Article 27 to an administrative procedure having as its purpose the rapid provision of information on the trend of trade flowsArticles 19, it shall inform the other party. 3. Without prejudice to paragraph 7 of the present Article, 20 and 21 a Party which considers resorting is considering to safetuard resort to safeguard measures shall promptly notify the other Party and the Joint Committee thereof and supply with all relevant informationinformation and give it the assistance required to examine the case. Consultations between the Parties shall take place without delay in the Joint Committee with a view to finding a commonly acceptable solution. a. As regards Articles 263. If, 27 and 29, the Joint Committee shall examine the case or the situation and may take any decision needed to put an end to the difficulties notified by the Party concerned. In the absence of such decision within thirty days one month of the matter being referred to the Joint Committee, the Party concerned may not adopt the measures necessary in order to remedy the situation. b. As regards Article 30, the Party concerned may take appropriate measures after the consultations have been concluded or a period of three months has elapsed from the date of notification. c. As regards Article 22 and 23, the Parties concerned shall give the Joint Committee all the assistance required in order to examine the case and, where appropriate, eliminate the practice objected to. If the Party in question fails to put an end to the practice objected to within or to the period fixed difficulties notified and in the absence of a decision by the Joint Committee in the matter, the concerned Party may adopt the safeguard measures it considers necessary to remedy the situation. 4. The safeguard measures taken shall be notified immediately to the Joint Committee. They shall be restricted, with regard to their extent and their duration, to what is strictly necessary in order to rectify the situation giving rise to their application and shall not be in excess of the damage caused by the practice or if the difficulties in question. Priority shall be given to such measures that will least disturb the functioning of this Agreement. 5. The safeguard measures taken shall be the subject of regular consultations within the Joint Committee fails with a view to reach an agreement within thirty working days of the matter being referred to ittheir relaxation, or abolition when conditions no longer justify their maintenance. 6. Where exceptional circumstances requiring immediate action make prior examination impossible, the Party concerned may adopt may, in the appropriate cases of Articles 18, 19, 20, 21, 27 and 28 apply forthwith the precautionary measures strictly necessary to deal with remedy the difficulties resulting from situation. The measures shall be notified without delay to the practice in questionJoint Committee and consultations between the Parties shall take place within the Joint Committee.