Special Safeguards Sample Clauses

Special Safeguards. 1. Mexico and Venezuela may, in accordance with their Schedule to the Schedule to the Schedule, maintain or adopt a special safeguard in the form of a tariff rate quota on an agricultural good listed in their Section of the Annex to this Article. Notwithstanding Article 3-04, a Party may not apply an over- quota tariff rate or rate of duty under a special safeguard that exceeds the lesser of the following: (a) the most-favored-nation rate or tariff in effect at the time of entry into force of this Agreement; and

Special Safeguards. Notwithstanding other provisions of this Agreement and, in particular, Article 27, if, given the particular sensitivity of the agricultural markets, imports of products originating in a Party, which are subject to concessions granted under this Agreement, cause serious disturbance t o the markets of the other Party, the Party concerned shall enter into consultations immediately to find an appropriate solution. Pending such solution, the Party concerned may take the measures it deems necessary.

Special Safeguards. The AoA provides flexibility to some WTO members to restrict agricul- tural imports by imposing special safeguards to address the import surg- es.4 The special safeguard measures (SSG) are in addition to the general safeguard measures under Article XIX of GATT 1994 and the Agreement on Safeguards. General safeguard measures can be taken only if serious injury or threat thereof to the domestic industry exists. However, SSGs can be applied without demonstrating any adverse effect on domestic pro- duction (Das et al., 2021). The initial conditions for a WTO member to apply SSG against a product include the following: tariffication has been done in respect of the product, and a symbol “SSG” has been marked by the member against the particular product in its Uruguay Round schedule of commitments. Based on an analysis by the WTO Secretariat, while the developed countries have access to the SSG for a large percentage of agri- cultural products, most developing countries do not have such flexibility, as shown in table 4 (WTO, 2017). For instance, India does not have any 4. Article 5 of the Agreement on Agriculture. SSG entitlement to protect its farmers from the adverse impact of import surges. Switzerland 53 Norway 49 Botswana 40 Namibia 39 South Africa 39 Mexico 32 Venezuela 32 European Union 31 Colombia 27 Morocco 23 Barbados 18 Philippines 16 Canada 13 Costa Rica 12 Japan 10 United States 10 Korea, Republic of 8 Indonesia 1 1. The overall observation on SSG is that prior to the AoA, the developed countries were protecting their farmers through non-tariff barriers. After the implementation of the AoA, the SSGs became another instrument for achiev- ing the same objective (Das et al., 2021). On the other hand, developing coun- tries that were not protecting their farmers through NTBs, could not acquire the right to protect their farmers through SSG.

Special Safeguards. 1. Each Party may, for the agricultural goods specified by each Party in Appendix III. 3.2.1 adopt a special safeguard in the form of a tariff rate quota if the volume of imports of that good from the other Party exceeds the trigger level for that good specified in Appendix III.3.2.1 2. The trigger levels specified in Appendix III. 3.2.1 shall be increased by 5 percent on January 1 of each year for ten years after the year of entry into force of the Agreement unless otherwise provided. 3. Notwithstanding Article III.3 (Tariff Elimination) a Party may not apply an overquota tariff rate under a special safeguard for a good specified in Appendix III.3. 2.1 that exceeds the lesser of: (a) the applied MFN rate as of April 1, 2001; or (b) the MFN rate in effect at the time the special safeguard is implemented. 4. A Party proposing to implement an over-quota tariff under this Annex shall provide the other Party with 15 days advance notice and upon request, shall enter into consultations with that Party within 15 days. 5. Neither Party may apply an over-quota tariff rate under this Annex and take an emergency action under Article VI.2 (Emergency Action) for the same good at the same time. 6. An over-quota tariff imposed under this Annex may be maintained only until the end of the calendar year in which it has been imposed. For the following calendar year the tariff shall return to the level specified for that good for that year under Article III.3 (Tariff Elimination). 7. Any supplies of the good in question which were en route on the basis of a contract settled before any additional over-quota tariff is imposed shall be exempted from the over-quota tariff, provided that they may be counted in the volume of imports of the product in question during the following year for the purposes of triggering the provisions of paragraph 1 in that year. 8. The provisions of this Annex shall apply to the goods specified in Appendix III. 3.2.1 for the duration of the phase-out period of each good. 3.2.1: SPECIAL SAFEGUARD

Special Safeguards. The Agreement provides for special safeguard measures that allow either party to take an “emergency action” of re-imposing tariffs on imports of textiles or apparel goods that cause or threaten serious damage to a domestic industry. A Party applying emergency action must provide the other Party with mutually agreed compensation.

Special Safeguards. Nothing in the present Agreement shall restrict the rights of the Parties to apply special safeguards to imports originating from the territory of the other state Party in compliance with the norms of Article XIX GATT 1944 and the WTO Agreement on safeguards.

Special Safeguards. Each Party may, for the agricultural goods specified by each Party in Appendix III. 3.2.1 adopt a special safeguard in the form of a tariff rate quota if the volume of imports of that good from the other Party exceeds the trigger level for that good specified in Appendix III.3.2.1 3.2.1 shall be increased by 5 percent on January 1 of each year for ten years after the year of entry into force of the Agreement unless otherwise provided.