SAFEGUARD CLAUSES. 1. The Member States of CARICOM and Colombia may apply bilateral safeguard measures of a temporary nature when:
(a) imports of products from any Member State of CARICOM or Colombia are made in such quantities that such products cause or may cause damage to the national production of like or directly competitive products of the importing country;
(b) it is necessary to redress balance-of-payment deficits or to protect the external financial position of the importing country.
2. Safeguard measures shall consist of the temporary suspension of the tariff preferences and the reinstatement of the Most Favoured Nation duties for the specific product.
3. Safeguard measures shall be applied for an initial period of no longer than one year. This term may be renewed for an additional year, if the causes that motivated the imposition of the safeguard clause persist.
4. The importing country seeking to impose or renew any safeguard measure shall request a meeting of the Joint Council in order to have consultations on the imposition or renewal of such measures. This imposition or renewal does not require consensus.
SAFEGUARD CLAUSES. 1. If serious disturbances occur in one sector of the economy of an Associated State or jeopardize its external financial stability, that State may take the necessary protective measures, notwithstanding the provisions of Article 3, paragraph 2, sub-paragraph ! and Article 6, paragraphs 1, 2 and 4. The measures and the methods of applying them shall be notified immediately to the Association Council. 2, If serious disturbance occur in one sector of the economy of the Community or of one or more Member States, or jeopardize their external financial stability, and if difficulties arise which may result in a region suffering grave economic hardship, the Community may take, or may authorize the Member State or States concerned to take such measures as may prove necessary in their relations with the Associated States, notwithstanding the provisions of Articles 2 and 5. These measure and the methods of applying them shall be notified immediately to the Association Council.
SAFEGUARD CLAUSES. Article 107
SAFEGUARD CLAUSES. (1) A medical device placed on the market of Member States must not cause damage to human health when applied under normal or reasonably foreseeable conditions of use, taking account, in particular, of the product’s presentation, its labelling, instructions for its use and disposal, warning statements as well as any other indication or information provided by the product owner or his authorised representative or by any other person responsible for placing the product on the market. The provision of such warnings shall not, in any event, exempt any person from compliance with the other requirements laid down in this ASEAN Medical Device Directive , and relevant laws and regulations of Member States.
(2) Where a regulatory authority ascertains that a medical device placed on the market of a Member State, when correctly installed, maintained and used for their intended purpose, may compromise the health or safety of patients, users or, where applicable, other persons, it shall take all appropriate interim measures to withdraw such medical device from the market or prohibit or restrict their being placed on the market or put into service. That Member State shall immediately inform the other Member States of any such measures, indicating the reasons for its decision and, in particular, whether non-compliance with this ASEAN Medical Device Directive is due to:
(a) failure to meet the essential principles set out in Annex 1;
(b) incorrect application of the standards referred to in Article 9, in so far as it is claimed that the standards have been applied; or
(c) inadequacies in the standards applied to demonstrate conformity to the essential principles.
SAFEGUARD CLAUSES. A. Safeguard clause relating to industrial products
1. Where a Party has taken a measure to deny free access to its market for industrial products bearing the CE marking, subject to this Annex, it shall immediately inform the other Party, indicating the reasons for its decision and how non-compliance has been assessed.
2. The Parties shall consider the matter and the evidence brought to their knowledge, and shall report to each other the results of its investigations.
3. In case of agreement, the Parties shall take appropriate measures to ensure that such products are not placed on the market.
4. In case of disagreement on the outcome of such investigations the matter shall be forwarded to the Joint Committee who may decide to have an expertise carried out.
5. Where the Joint Committee finds that the measure is:
(a) unjustified, the national authority of the Party who has taken the measure shall withdraw it;
(b) justified, the Parties shall take appropriate measures to ensure that such products are not placed on the market.
B. Safeguard clause relating to harmonised standards Where one of the Parties considers that a harmonised standard referred to in the legislation defined in this Annex does not meet the essential requirements of such legislation, it shall inform the Joint Committee giving the reasons thereof. EEA Legislation: EEA Agreement, Xxxxx XX, Chapter V, point 2: Council Directive 90/396/EEC of 29 June 1990 on the approximation of the laws of the Member States relating to appliances burning gaseous fuels (OJ L 196, 26. 7. 1990, p. 15), as last amended by Council Directive 93/68/EEC of 22 July 1993 (OJ L 220, 30. 8. 1993, p. 1). Slovenian National law: Gas Appliances Order (Uradni list RS, št. 105/00, str. 11151, in št. 28/02, str. 2302).
SECTION II Notifying Authorities Notified Bodies
SAFEGUARD CLAUSES. A. Safeguard clause relating to industrial products
1. Where a Party has taken a measure to deny free access to its market for industrial products bearing the CE marking, subject to the present annex, it shall immediately inform the other Party, indicating the reasons for its decision and how non compliance has been assessed.
2. The Parties shall consider the matter and the evidence brought to their knowledge, and shall report to each other the results of their investigations.
3. In case of agreement, the Parties shall take appropriate measures to ensure that such products are not placed on the market.
4. In case of disagreement on the outcome of such investigations the matter shall be forwarded to the Association Council who may decide to have an expertise carried out.
5. Where the Association Council finds that the measure is:
(a) unjustified, the national authority of the Party who has taken the measure shall withdraw it;
(b) justified, the Parties shall take appropriate measures to ensure that such products are not placed on the market.
B. Safeguard clause relating to harmonised standards.
1. Where the Czech Republic considers that a harmonised standard referred to in the legislation defined in the present annex, does not meet the essential requirements of such legislation, it shall inform the Association Council giving the reasons thereof.
2. The Association Council shall consider the matter and may request the European Community to proceed in accordance with the procedure provided for in the Community legislation identified in this Annex.
3. The European Community shall keep the Association Council and the other Party informed of the proceedings.
4. The outcome of the procedure shall be notified to the other Party.
SAFEGUARD CLAUSES. A. Safeguard clause relating to industrial products.
1. Where a Party has taken a measure to deny free access to its market for industrial products bearing the CE marking, subject to this Annex, it shall immediately inform the other Party, indicating the reasons for its decision and how non compliance has been assessed.
2. The Parties shall consider the matter and the evidence brought to their knowledge, and shall report to each other the results of their investigations.
3. In case of agreement, the Parties shall take appropriate measures to ensure that such products are not placed on the market.
4. In case of disagreement on the outcome of such investigations the matter shall be forwarded to the Association Council who may decide to have an expertise carried out.
5. Where the Association Council finds that the measure is:
(a) unjustified, the national authority of the Party who has taken the measure shall withdraw it;
(b) justified, the Parties shall take appropriate measures to ensure that such products are not placed on the market.
B. Safeguard clause relating to harmonised standards.
1. Where the Czech Republic considers that a harmonised standard referred to in the legislation defined in this Annex, does not meet the essential requirements of such legislation, it shall inform the Association Council giving the reasons thereof.
2. The Association Council shall consider the matter and may request the Community to proceed in accordance with the procedure provided for in the Community legislation identified in this Annex.
3. The Community shall keep the Association Council and the other Party informed of the proceedings.
4. The outcome of the procedure shall be notified to the other Party. SECTION I COMMUNITY AND NATIONAL LAW Community law: European Parliament and Council Directive 1999/5/EC of 9 March 1999 on the approximation of the laws of the Member States relating to radio communication and telecommunication terminal equipment and the mutual recognition of their conformity (OJ L 91, 7.4.1999, p. 10). National law: Act No. 22/1997 Coll. (part 6/27.2.1997), on Technical Requirements for Products and on Amendments to Some Acts, as amended by Act No. 71/2000 Coll. (part 24/3.4.2000), Act No. 102/2001 Coll. (part 41/21.3.2001), Act No. 205/2002 Coll. (part 82/24.5.2002) and Act No 226/2003 Coll. (part 79/31.7.2003), Act No. 64/1986 Coll. (part 23/03.11.1986), of the Czech National Council, on the Czech Trade Inspection, as amended by Act No. 240/1992 Coll...
SAFEGUARD CLAUSES. 1. If serious disturbances occur in any sector of the economic activity of an Associated State or jeopardise its external financial stability, the latter may, by way of derogation from the provisions of the first subparagraph of Article 3(2) and of Article 6(1), (2) and (4), take the necessary safeguard measures. These measures and the detailed rules for their application shall be notified to the Association Council without delay.
2. If serious disturbances occur in any sector of the economic activity of the Community or of one or more Member States, or if their external financial stability is threatened, and if difficulties arise which could bring about serious deterioration in the economic situation of a region, the Community may take or authorize the Member State(s) concerned to take, by way of derogation from the provisions of Articles 2 and 5, such measures as may be necessary in their relations with the associated States. The Association Council shall be notified forthwith of such measures and the detailed rules for their application.
3. In applying paragraphs 1 and 2 of this Article, priority shall be given to such measures as will least disturb the functioning of the Association. These measures shall not exceed the scope strictly necessary to remedy the difficulties which have arisen.
4. Consultations shall take place within the Association Council on the measures taken under paragraphs 1 and 2 of this Article. They shall take place at the request of the Community for measures under paragraph 1 and at the request of one or more associated States for measures under paragraph 2.
SAFEGUARD CLAUSES. Once the first year of validity of this Agreement is completed, the signatory countries may unilaterally impose, on a temporary basis, restrictions on imports of products subject to tariff preferences, when imports are made in quantities and conditions that cause threaten to cause serious damage to domestic producers of similar or directly competitive goods.
