Serious Prejudice Clause Samples

Serious Prejudice. ‌ 6.1 Serious prejudice in the sense of paragraph (c) of Article 5 shall be deemed to exist in the case of: (a) the total ad valorem subsidization14 of a product exceeding 5 per cent15; (b) subsidies to cover operating losses sustained by an industry; (c) subsidies to cover operating losses sustained by an enterprise, other than one-time measures which are non-recurrent and cannot be repeated for that enterprise and which are given merely to provide time for the development of long-term solutions and to avoid acute social problems; (d) direct forgiveness of debt, i.e. forgiveness of government-held debt, and grants to cover debt repayment.16 10This expression is not meant to allow countermeasures that are disproportionate in light of the fact that the subsidies dealt with under these provisions are prohibited. 11The term "injury to the domestic industry" is used here in the same sense as it is used in Part V. 12The term "nullification or impairment" is used in this Agreement in the same sense as it is used in the relevant provisions of GATT 1994, and the existence of such nullification or impairment shall be established in accordance with the practice of application of these provisions. 13The term "serious prejudice to the interests of another Member" is used in this Agreement in the same sense as it is used in paragraph 1 of Article XVI of GATT 1994, and includes threat of serious prejudice. 14The total ad valorem subsidization shall be calculated in accordance with the provisions of Annex IV. 15Since it is anticipated that civil aircraft will be subject to specific multilateral rules, the threshold in this subparagraph does not apply to civil aircraft. 16Members recognize that where royalty-based financing for a civil aircraft programme is not being fully repaid due to the level of actual 6.2 Notwithstanding the provisions of paragraph 1, serious prejudice shall not be found if the subsidizing Member demonstrates that the subsidy in question has not resulted in any of the effects enumerated in paragraph 3. 6.3 Serious prejudice in the sense of paragraph (c) of Article 5 may arise in any case where one or several of the following apply: (a) the effect of the subsidy is to displace or impede the imports of a like product of another Member into the market of the subsidizing Member; (b) the effect of the subsidy is to displace or impede the exports of a like product of another Member from a third country market; (c) the effect of the subsidy is a significant...

Serious Prejudice. 6.1 Serious prejudice in the sense of paragraph (c) of Article 5 shall be deemed to exist in the case of: (a) the total ad valorem subsidization14 of a product exceeding 5 per cent15; (b) subsidies to cover operating losses sustained by an industry; (c) subsidies to cover operating losses sustained by an enterprise, other than one‑time measures which are non‑recurrent and cannot be repeated for that enterprise and which are given merely to provide time for the development of long‑term solutions and to avoid acute social problems; (d) direct forgiveness of debt, i.

Serious Prejudice. Serious prejudice in the sense of paragraph (c) of Article 5 shall be deemed to exist in the case of:

Serious Prejudice. 6.1 Serious prejudice in the sense of paragraph (c) of Article5 shall be deemed to exist in the case of: (a) the total ad Valorem subsidization14 of a product exceeding 5 per cent15 ; (b) subsidies to cover operating losses sustained by an industry; (c) subsidies to cover operating losses sustained by an enterprise, other than one-time measures which are non- recurrent and can not be repeated for the enterprise and which are given merely to provide time for the development of long-term solutions and to avoid acute social problems; (d) direct forgiveness of debt, i.e. forgiveness of government-held debt, and grants to cover debt repayment16 . ﺓﺭﻘﻔﻝﺍ ﻰﻨﻌﻤ ﺭﺎﻁﺍ ﻰﻓ ﺭﻴﻁﺨﻝﺍ ﺭﺭﻀﻝﺍ ﺩﻭﺠﻭ ﺽﺭﺘﻔﻴ ١-٦ :ﺔﻝﺎﺤ ﻰﻓ ٥ ﺓﺩﺎﻤﻝﺍ ﻥﻤ (ﺝ) ﻰـﻓ ٥ ﺯﻭﺎﺠﺘﻴ ﺎﻤ ﺞﺘﻨﻤﻝ ﻡﻋﺩﻝﺍ ١٤ﺔﻤﻴﻗ ﻰﻝﺎﻤﺠﺍ ﻥﺎﻜ ﺍﺫﺍ( ﺃ) ؛ ١٥ﺔﺌﺎﻤﻝﺍ ﺎـﻬﻠﻤﺤﺘﺘ ﻰـﺘﻝﺍ لﻴﻐـﺸﺘﻝﺍ ﺭﺌﺎﺴﺨ ﻰﻁﻐﺘ ﻰﺘﻝﺍ ﻡﻋﺩﻝﺍ (ﺏ) ؛ ﺎﻤ ﺔﻋﺎﻨﺼ ،ﺔـﺴﺴﺅﻤ ﺎﻬﻠﻤﺤﺘﺘ ﻰﺘﻝﺍ لﻴﻐﺸﺘﻝﺍ ﺭﺌﺎﺴﺨ ﺔﻴﻁﻐﺘﻝ ﻡﻋﺩﻝﺍ (ﺝ) ﻻﻭ ﺭﺘﺍﻭـﺘﺘ ﻻﻭ ﺓﺩـﺤﺍﻭ ﺓﺭﻤ ﺫﻔﻨﺘ ﻰﺘﻝﺍ ﺕﺍﺀﺍﺭـﺠﻻﺍ ﺭﻴﻏ ﺭﻴﻓﻭـﺘ ﺩﺭـﺠﻤﻝ ﺕﺤﻨﻤ ﻰﺘﻝﺍﻭ ﺔﺴﺴﺅﻤﻝﺍ ﻙﻠﺘ ﺎﻫﺭﺍﺭﻜﺘ ﻥﻜﻤﻴ لﻜﺎـﺸﻤ ﺏـﻨﺠﺘﻝﻭ لـﺠﻻﺍ ﺔـﻠﻴﻭﻁ لﻭﻠﺤ ﺩﺎﺠﻴﻻ ﺕـﻗﻭﻝﺍ ؛ ﺓﺩﺎﺤ ﺔﻴﻋﺎﻤﺘﺠﺍ ﻥﻭﻴﺩـﻝﺍ ﻥﻤ ﺀﺎﻔﻋﻻﺍ ﻯﺃ ، ﻥﻭﻴﺩﻝﺍ ﻥﻤ ﺭﺸﺎﺒﻤﻝﺍ ﺀﺎﻔﻋﻻﺍ (ﺩ) . ١٦ﻥﻭﻴﺩﻝﺍ ﺩﻴﺩﺴﺘ ﺔﻴﻁﻐﺘﻝ ﺢﻨﻤﻝﺍﻭ ، ﺔﻤﻭﻜﺤﻠﻝ ﻕﺤﺘﺴﺘ ﻰﺘﻝﺍ 6.2 Notwithstanding the provisions of paragraph 1, serious prejudice shall not be found if the subsidizing Member demonstrates that the subsidy in question has not resulted in any of the effects enumerated ﺭﺍﺭﻀﺍ ﺩﺠﻭﻴ ﻻ ، ١ ﺓﺭﻘﻔﻝﺍ ﻡﺎﻜﺤﺃ ﻥﻋ ﺭﻅﻨﻝﺍ ﺽﻐﺒﻭ ٢-٦ ﻡﻝ ﺭﻅﻨﻝﺍ ﺩﻴﻗ ﻡﻋﺩﻝﺍ ﻥﺃ ﻡﻋﺩﻝﺍ ﻡﺩﻘﻴ ﻯﺫﻝﺍ ﻭﻀﻌﻝﺍ ﻥـﻴﺒ ﺍﺫﺍ ﺭﻴﻁﺨ .٣ ﺓﺭﻘﻔﻝﺍ ﺎﻬﺘﺩﺩﻋ ﻰﺘﻝﺍ ﺭﺎﺜﻻﺍ ﻥﻤ ﺭﺎﺜﺁ ﻯﺃ ﻪﻨﻋ ﺞﺘﻨﻴ 14The total ad valorem subsidization shall be calculated in accordance with the provisions of ▇▇▇▇▇ ▇▇. .ﺔﻴﻧﺪﳌﺍ ﺕﺍﺮﺋﺎﻄﻟﺍ ﻰﻠﻋ ﺔﻴﻋﺮﻔﻟﺍ ﺓﺮﻘﻔﻟﺍ ﻩﺬﻫ ﰱ ﺔﻴﺋﺪﺒﳌﺍ ﺔﳛﺮﺸﻟﺍ ﻖﺒﻄﻨﺗ ﻻ ،ﻑﺍﺮﻃﻷﺍ ﺓﺩﺪﻌﺘﻣ ﺓﺩﺪﳏ ﺪﻋﺍﻮﻘﻟ ﻊﻀﲣ ﻥﺃ ﺔﻴﻧﺪﳌﺍ ﺕﺍﺮﺋﺎﻄﻠﻟ ﻊﻗﻮﺘﳌﺍ ﻦﻣ ﻥﻷ ﺍﹰﺮﻈﻧ ١٥ 15 Since it is anticipated that civil aircraft will be subject to specific multilateral rules, the threshold in this subparagraph does not apply to civil aircraft. .ﺔﻴﻋﺮﻔﻟﺍ ﺓﺮﻘﻔﻟﺍ ﻩﺬﻫ ﻡﻮﻬﻔﻣ ﰱ ﺍﹰﲑﻄﺧ ﺍﹰﺭﺍﺮﺿﺍ ﻪﺗﺍﺫ ﺪﺣ ﰱ ﺍﺬﻫ ﻥﻮﻜﻳ ﻻ ،ﻊﻗﻮﺘﳌﺍ ﺕﺎﻌﻴﺒﳌﺍ ﻯﻮﺘﺴﻣ 16 Members recognize that where royalty-based financing for a civil aircraft programme is not being fully repaid due to the level of actual sales falling below the level of forecast sales, this does not in itself constitute serious prejudice for the purposes of this subparagraph. in paragraph 3. 6.3 Serious prejudice in the sense of paragraph (c) of Article 5 may arise in any case where one or several of the following apply:

Serious Prejudice. Any member wishing to make representations to the Council that its interests as a party to the Convention have been seriously prejudiced by the action of any one or more members affecting the operation of the Convention, shall do so in writing to the Executive Director. The Executive Director shall immediately arrange a meeting of the members concerned and shall notify the Executive Committee that the matter has been raised. If the matter is not satisfactorily resolved either in consultation between the parties or thereafter with the Executive Committee, it shall be referred to the Council and a special session shall be called for that purpose, if necessary.

Serious Prejudice. 6.1 Serious prejudice in the sense of paragraph (c) of Article 5 shall be deemed to exist in the case of: (a) the total ad valorem subsidization14 of a product exceeding 5 per cent15; (b) subsidies to cover operating losses sustained by an industry; (c) subsidies to cover operating losses sustained by an enterprise, other than one-time measures which are non-recurrent and cannot be repeated for that enterprise and which are given merely to provide time for the development of long-term solutions and to avoid acute social problems; (d) direct forgiveness of debt, i.e. forgiveness of government-held debt, and grants to cover debt repayment.16 6.2 Notwithstanding the provisions of paragraph 1, serious prejudice shall not be found if the subsidizing Member demonstrates that the subsidy in question has not resulted in any of the effects enumerated in paragraph 3. 6.3 Serious prejudice in the sense of paragraph (c) of Article 5 may arise in any case where one or several of the following apply: (a) the effect of the subsidy is to displace or impede the imports of a like product of another Member into the market of the subsidizing Member; (b) the effect of the subsidy is to displace or impede the exports of a like product of another Member from a third country market; 13 The term "serious prejudice to the interests of another Member" is used in this Agreement in the same sense as it is used in paragraph 1 of Article XVI of GATT 1994, and includes threat of serious prejudice.‌ 14 The total ad valorem subsidization shall be calculated in accordance with the provisions of Annex IV.

Serious Prejudice. 6.1 Serious prejudice in the sense of paragraph (c) of Article 5 shall be deemed to exist in the case of: (a) the total ad valorem subsidization14 of a product exceeding 5 per cent15; (b) subsidies to cover operating losses sustained by an industry; (c) subsidies to cover operating losses sustained by an enterprise, other than one-time measures which are non-recurrent and cannot be repeated for that enterprise and which are given merely to provide time for the development of long-term solutions and to avoid acute social problems; (d) direct forgiveness of debt, i.e. forgiveness of government-held debt, and grants to cover debt repayment. 16 10 This expression is not meant to allow countermeasures that are disproportionate in light of the fact that the subsidies dealt with under these provisions are prohibited.