Transitional Safeguard Measures. 1. Where, as a result of the reduction or elimination of a customs duty under this Agreement, any product originating in a Party is being imported into the territory of another Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to constitute a substantial cause of serious injury or threat thereof to the domestic industry of like or directly competitive products in the territory of the importing Party, the importing Party may take transitional safeguard measures to the minimum extent necessary to remedy or prevent the injury, subject to paragraphs 2 to 9.
2. Transitional safeguard measures shall only be taken upon clear evidence that increased imports have caused or are threatening to cause serious injury pursuant to an investigation in accordance with the procedures laid down in the WTO Agreement on Safeguards.
3. If the conditions set out in paragraph 1 are met, the importing Party may take measures consisting in increasing the rate of customs duty for the product to a level not to exceed the lesser of:
(a) the MFN rate of duty applied at the time the transitional safeguard measure is taken; or
(b) the MFN rate of duty applied on the day immediately preceding the date of the entry into force of this Agreement.
4. Transitional safeguard measures shall be taken for a period not exceeding one year. In very exceptional circumstances, the importing Party may extend the measures up to a total maximum period of three years. The exporting Parties that are affected by the extended transitional safeguard measure shall be offered compensation in the form of substantially equivalent trade liberalisation. No transitional safeguard measures shall be applied to the import of a product, which has previously been subject to such a measure.
5. The Party intending to take or extend a transitional safeguard measure under this Article shall immediately, and in any case before taking or extending a measure, notify the other Parties. The notification shall contain all pertinent information, including evidence of serious injury or threat thereof caused by increased imports, a precise description of the product concerned, and the proposed measure, as well as the proposed date of introduction, expected duration and timetable for the progressive removal of the measure. In case of extension of the measure pursuant to paragraph 4, the notification shall also specify the intended compensation.
6. The Joint Committee s...
Transitional Safeguard Measures. 1. Notwithstanding the provisions of Article 24, exceptional measures of limited duration which derogate from the provisions of Articles 12 and 15 may be taken by South Africa in the form of an increase or reintroduction of customs duties.
2. These measures may only concern infant industries or sectors facing serious difficulties caused by increased imports originating in the Community as a result of the reduction of duties envisaged under Articles 12 and 15, particularly where these difficulties produce major social problems.
3. Customs duties on imports applicable in South Africa to products originating in the Community introduced by these measures may not exceed the level of the basic duty or the applied MFN rates of duty or 20 % ad valorem, whichever is the lower, and shall maintain an element of preference for products originating in the Community. The total value of all imports of the products which are subject to these measures may not exceed 10 % of total imports of industrial products from the Community during the last year for which statistics are available.
4. These measures shall be applied for a period not exceeding four years. They shall cease to apply at the latest on the expiry of the maximum transitional period of 12 years. These time limits may exceptionally be extended by decision of the Cooperation Council.
5. No such measures can be introduced in respect of a product if more than three years have elapsed since the elimination of all duties and quantitative restrictions or charges or measures having an equivalent effect concerning that product.
6. South Africa shall notify the Cooperation Council of the exceptional measures it intends to take and, at the request of the Community, consultations shall be held on such measures before they are applied in order to reach a satisfactory solution. Its notification shall include an indicative schedule for the introduction and subsequent elimination of the customs duties to be imposed.
7. If no agreement on the proposed measures referred to in paragraph 6 has been reached within 30 days of such notification, South Africa may take the appropriate measures to remedy the problem and shall provide the Cooperation Council with the definite schedule for the elimination of the customs duties introduced under this Article. This schedule shall provide for a phasing out of these duties at equal annual rates starting at the latest one year after their introduction. The Cooperation Council may decide on a di...
Transitional Safeguard Measures. Definitions
1. For the purposes of this Article:
(a) domestic industry means, with respect to an imported good, the producers as a whole of the like or directly competitive good operating within the territory of a Party, or those producers whose collective production of the like or directly competitive good constitutes a major proportion of the total domestic production of that good;
(b) transitional safeguard measure means a measure described in paragraphs 2 to 4 (Imposition of a Transitional Safeguard Measure);
(c) serious injury means a significant overall impairment in the position of a domestic industry;
(d) threat of serious injury means serious injury that, on the basis of facts and not merely on allegation, conjecture or remote possibility, is clearly imminent; and
(e) transition period means, in relation to a particular good, the three-year period beginning on the date of entry into force of this Agreement, except where the tariff elimination for the good occurs over a longer period of time, in which case the transition period shall be the period of the staged tariff elimination for that good.
Transitional Safeguard Measures. ARTICLE 502
Transitional Safeguard Measures. 1. For the purposes of this Article:
2. If, as a result of the reduction or elimination of a customs duty under this Agreement, an originating product of a Party is being imported into the territory of the other Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to cause serious injury, or threat thereof, to a domestic industry producing a like or directly competitive product, the other Party may, to the extent necessary to prevent or remedy serious injury apply a transitional safeguard measure consisting of:
(a) the suspension of the further reduction of any rate of customs duty on the product provided for under this Agreement;
(b) an increase of the rate of customs duty on the product to a level not to exceed the lesser of:
(i) the most-favored-nation (MFN) applied rate of customs duty on the product in effect at the date on which the transitional safeguard measure is taken; or
(ii) the MFN applied rate of customs duty on the product in effect on the day immediately preceding the date this Agreement enters into force.
3. A Party shall notify the other Party in writing:
(a) immediately on initiation of an investigation described in Paragraph 5;
(b) immediately upon making a finding of serious injury or threat thereof caused by increased imports of an originating product of the other Party as a result of the reduction or elimination of a customs duty on the product pursuant to this Agreement;
(c) before applying provisional measures pursuant to Paragraph 12, and
(d) no less than 20 days in advance of applying a definitive transitional safeguard measure or extending a transitional safeguard measure.
4. A Party shall consult with the other Party as far in advance of applying a transitional safeguard measure as practicable, with a view to reviewing the non-confidential version of the information arising from the investigation and exchanging views on the measure.
5. A Party shall apply a transitional safeguard measure only following an investigation by the Party’s competent authorities in accordance with Articles 3 and 4.2(c) of the Safeguards Agreement, and to this end, Articles 3 and 4.2(c) of the Safeguards Agreement are incorporated into and made a part of this Agreement, mutatis mutandis.
6. In the investigation described in Paragraph 5, the Party shall comply with the requirements of Article 4.2 (a) and (b) of the Safeguards Agreement, and to this end, Article 4.2 (a) and (b) of the Safe...
Transitional Safeguard Measures. 1. Notwithstanding the provisions of Article 24, exceptional measures of limited duration which derogate from the provisions of Articles 12 and 15 may be taken by South Africa in the form of an increase or reintroduction of customs duties.
2. These measures may only concern infant industries or sectors facing serious difficulties caused by increased imports originating in the Community as a result of the reduction of duties envisaged under Articles 12 and 15, particularly where these difficulties produce major social problems. 3. Customs duties on imports applicable in South Africa to products originating in the Community introduced by these measures may not exceed the level of the basic duty or the applied MFN rates of duty or 20 % ad valorem, whichever is the lower, and shall maintain an element of preference for products originating in the Community. The total value of all imports of the products which are subject to these measures may not exceed 10 % of total imports of industrial products from the Community during the last year for which statistics are available.
Transitional Safeguard Measures. 1. Where, as a direct result of the reduction or elimination of an import duty under this Agreement, any product originating in a Party is being imported into the territory of another Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to constitute a substantial cause of serious injury or threat thereof to the domestic industry of like or directly competitive products in the territory of the importing Party, the importing Party may take transitional safeguard measures to the minimum extent necessary to remedy or prevent the injury, subject to paragraphs 2 to 14.
Transitional Safeguard Measures. Definitions
1. For the purposes of trhtiiscleA:
(a) domestic industry means, with respect to an imported good, the producers whole of the like or directly competitive good operating within the territory Party, or those producers whose collective production of the like or dire competitive good constitutes a major proportion of the total domestic produ of that good;
(b) transitional safeguard measure means a measure described in paragraphs (Imposition of a Transitional Safeguard )M; easure
(c) serious injury mea nssignificant overall impairment in the position of a domestic industry;
(d) threat of serious injury means serious injury that, on the basis of facts an merely on allegation, conjecture or remote possibility, is clearly imminent; an
(e) tranistion period means, in relation to a particular goo-dy,eatrhepetrhiorede beginning on the date of entry into force of this Agreement, except where tariff elimination for the good occurs over a longer period of time, in which the transition opderishall be the period of the staged tariff elimination for tha good. Imposition of a Transitional Safeguard Measure
2. A developing country Party may apply a transitional safeguard measure describ paragraph 3, during the transition perioadsoanlyre, siuf lt of the staged elimination of a customs duty pursuant to this Agreement:
(a) D Q R U L J L Q D W L Q J J R R G R I in such increased quantities, in absolute terms or relative to donm,estic produ and under such conndsi,tioas to cause or threaten to cause serious injury to th domestic industry that produces a like or directly competitive good; or
(b) an originating good of two or more Parties, collectively, is being imported int 3 sD teUrr itoWry \in ¶such inecdreaqsuantities, in absolute terms or relative to domestic production, and under such conditions, as to cause or threaten to serious injury to the domestic industry that produces a like or directly compe good, providetdhat the Party applying the transitional safeguard measur demonstrates, with respect to the imports from each such Party against whi transitional safeguard measure is applied, that imports of the originating from each of those Parties haevaeseindc, r in absolute terms or relative to domestic production, since the date of entry into force of this Agreement for Parties.
3. If the conditions in paragraph 2 are met, the Party may, to the extent neces prevent or remedy serious indjufraycialitnate adjustment:
(a) suspend the further reduction of any rate of cu...
Transitional Safeguard Measures. Article 6 prescribed the conditions and procedures under which new restrictions on textile products covered by the ATC might be imposed. It provided, inter alia, that such restrictions should be applied as sparingly as possible. They should be applied consistently with the provisions of Article 6 and the principle of effective implementation of the integration process. Furthermore that they may be applied only when it could be demonstrated that increased imports of the particular product caused serious damage or actual threat of serious damage to the domestic industry producing like and/or directly competitive products. Experience of last four years
