Common use of Transitional Measures Clause in Contracts

Transitional Measures. 1. A Party that is a developing country (developing country Party) may, with the agreement of the other Parties, adopt or maintain one or more of the following transitional measures, during a transition period set out in, and in accordance with, Section J of the Party’s Schedule to Annex 15-A: (a) a price preference programme, provided that the programme: (i) provides a preference only for the part of the tender incorporating goods or services originating in that developing country Party; and (ii) is transparent, and that the preference and its application in the procurement are clearly described in the notice of intended procurement; (b) an offset, provided that any requirement for, or consideration of, the imposition of the offset is clearly stated in the notice of intended procurement; (c) the phased-in addition of specific entities or sectors; and (d) a threshold that is higher than its permanent threshold. A transitional measure shall be applied in a manner that does not discriminate between the other Parties. 2. The Parties may agree to the delayed application of any obligation in this Chapter, other than Article 15.4.1(b) (General Principles), by the developing country Party while that Party implements the obligation. The implementation period shall be only the period necessary to implement the obligation. 3. Any developing country Party that has negotiated an implementation period for an obligation under paragraph 2 shall list in its Schedule to Annex 15-A the agreed implementation period, the specific obligation subject to the implementation period and any interim obligation with which it has agreed to comply during the implementation period. 4. After this Agreement has entered into force for a developing country Party, the other Parties, on request of that developing country Party, may: (a) extend the transition period for a measure adopted or maintained under paragraph 1 or any implementation period negotiated under paragraph 2; or (b) approve the adoption of a new transitional measure under paragraph 1, in special circumstances that were unforeseen. 5. A developing country Party that has negotiated a transitional measure under paragraphs 1 or 4, an implementation period under paragraph 2, or any extension under paragraph 4, shall take those steps during the transition period or implementation period that may be necessary to ensure that it is in compliance with this Chapter at the end of any such period. The developing country Party shall promptly notify the other Parties of each step in accordance with Article 27.7 (Reporting in relation to Party-specific Transition Periods). 6. Each Party shall give consideration to any request by a developing country Party for technical cooperation and capacity building in relation to that Party’s implementation of this Chapter.

Transitional Measures. 1. A Party that is a developing country (developing country Party) may, with the agreement of the other Parties, adopt or maintain one or more of the following transitional measures, during a transition period set out in, and in accordance with, Section J of the Party’s Schedule to Annex 15-A: (a) a price preference programme, provided that the programme: (i) provides a preference only for the part of the tender incorporating goods or services originating in that developing country Party; and (ii) is transparent, and that the preference and its application in the procurement are clearly described in the notice of intended procurement; (b) an offset, provided that any requirement for, or consideration of, the imposition of the offset is clearly stated in the notice of intended procurement; (c) the phased-in addition of specific entities or sectors; and (d) a threshold that is higher than its permanent threshold. A transitional measure shall be applied in a manner that does not discriminate between the other Parties. 2. The Parties may agree to the delayed application of any obligation in this Chapter, other than Article 15.4.1(b) (General Principles), by the developing country Party while that Party implements the obligation. The implementation period shall be only the period necessary to implement the obligation. 3. Any developing country Party that has negotiated an implementation period for an obligation under paragraph 2 shall list in its Schedule to Annex 15-A the agreed implementation period, the specific obligation subject to the implementation period and any interim obligation with which it has agreed to comply during the implementation period. 4. After this Agreement has entered into force for a developing country Party, the other Parties, on request of that developing country Party, may: (a) extend the transition period for a measure adopted or maintained under paragraph 1 or any implementation period negotiated under paragraph 2; or (b) approve the adoption of a new transitional measure under paragraph 1, in special circumstances that were unforeseen. 5. A developing country Party that has negotiated a transitional measure under paragraphs 1 or 4, an implementation period under paragraph 2, or any extension under paragraph 4, shall take those steps during the transition period or implementation period that may be necessary to ensure that it is in compliance with this Chapter at the end of any such period. The developing country Party shall promptly notify the other Parties of each step in accordance with Article 27.7 (Reporting in relation on Progress Related to Party-specific Transition PeriodsTransitional Measures). 6. Each Party shall give consideration to any request by a developing country Party for technical cooperation and capacity building in relation to that Party’s implementation of this Chapter.