Global Safeguards. 1. Each Party shall apply safeguard measures in accordance with its legislation, except as otherwise provided for in this Chapter. 2. A Party may apply a global safeguard measure to a product only if that Party has determined that such product is being imported into its territory in such increased quantities, absolute or relative to domestic production, and under such conditions as to cause or threaten to cause serious injury to the domestic industry that produces like or directly competitive products. 3. In determining injury or threat thereof, a “domestic industry” shall be understood to mean the producers as a whole of the like or directly competitive products operating within the territory of a Party, or those whose collective output of the like or directly competitive products constitutes a major proportion of the total domestic production of those products. 4. Global safeguard measures shall be applied to a product being imported irrespective of the exporting country. Notwithstanding Articles 2.7 and 2.3 of this Agreement, a global safeguard measure may take the form of import quota. If an import quota is used, such a measure shall not reduce the quantity of imports below the level of a recent period which shall be the average of imports in the last three representative years for which statistics are available, unless clear justification is given that a different level is necessary to prevent or remedy serious injury. In cases in which a quota is allocated among supplying countries, the Party applying the global safeguard measure may seek agreement with respect to the allocation of shares in the quota with the other Party having a substantial interest in supplying the product concerned. In cases in which this method is not reasonably practicable, the Party concerned shall allot to the other Party having a substantial interest in supplying the product shares based upon the proportions, supplied by that Party during a previous three years period, of the total quantity or value of imports of the product, due account being taken of any special factors which may have affected or may be affecting the trade in the product. In case I. R. Iran intends to apply a safeguard measure in the form of import quota and allocate it among supplying countries, such import quota shall be calculated and applied individually with respect to each EAEU Member State. 5. Serious injury shall be understood to mean a significant overall impairment in the position of a domestic industry. The Parties shall apply safeguard measures only to the extent necessary to prevent or remedy serious injury. The period of application of a safeguard measure shall not exceed 4 years, unless it is extended. 6. The period mentioned in paragraph 5 of this Article may be extended provided that the competent authorities of the importing Party have determined that the safeguard measure continues to be necessary to prevent or remedy serious injury and that there is evidence that the industry is adjusting, and provided that the pertinent provisions of paragraphs 8 – 12 of this Article are observed. 7. The Parties may apply a safeguard measure only following an investigation by the competent authority. The investigation shall include public notice to all interested parties and shall provide an opportunity for interested parties to present evidence and their views, including the opportunity to respond to the representations of other parties. The competent authority shall publish report setting forth the findings and conclusions on all pertinent issues of fact and law. 8. The Parties shall ensure equitable, transparent and effective procedures for safeguard investigations. 9. Each Party shall immediately notify the other Party upon: (a) initiating a safeguard investigation; (b) making preliminary and (or) final finding of serious injury or threat thereof caused by increased imports; (c) taking a decision to apply or extend a safeguard measure. 10. The information pertinent to initiation of a safeguard investigation shall include, inter alia: (a) the date of initiation of the investigation; (b) a precise description of the product subject to the investigation and its classification under the Harmonised System; (c) the period subject to the investigation; (d) an explanation of the reasons for initiation of the investigation; (e) schedule of public hearings and (or) the deadline for the request for hearings; (f) deadlines for interested parties to submit evidence, to comment and to respond to presentations of other interested parties; (g) the address where application and other documents related to the investigation can be directed; (h) the name, address and telephone number of the competent investigating authority. 11. The Party intending to apply or extend a safeguard measure shall provide the other Party with all pertinent information, which shall include, inter alia: (a) evidence of serious injury or threat thereof caused by increased imports; (b) precise description of the product involved; (c) precise description of the proposed safeguard measure; (d) proposed date of introduction; (e) expected duration and timetable for progressive liberalization; (f) list of developing countries exempted from the safeguard measure (if applicable); (g) evidence that the industry concerned is adjusting (in cases of extension of the measure); (h) basis for determining that there are critical circumstances where delay would cause damage which would be difficult to repair (in case of provisional safeguard measures). 12. In applying global safeguard measures the Parties shall maintain the margin of preference granted pursuant to this Agreement. 13. The Parties shall provide opportunities for consultations with regard to application of safeguard measures.
Appears in 1 contract
Sources: Interim Agreement
Global Safeguards. 1. Each Party shall apply safeguard measures in accordance with its legislation, except as otherwise provided for in this Chapter.
2. A Party may apply a global safeguard measure to a product only if that Party has determined that such product is being imported into its territory in such increased quantities, absolute or relative to domestic production, and under such conditions as to cause or threaten to cause serious injury to the domestic industry that produces like or directly competitive products.
3. In determining injury or threat thereof, a “domestic industry” shall be understood to mean the producers as a whole of the like or directly competitive products operating within the territory of a Party, or those whose collective output of the like or directly competitive products constitutes a major proportion of the total domestic production of those products.
4. Global safeguard measures shall be applied to a product being imported irrespective of the exporting country. Notwithstanding Articles 2.7 and 2.3 of this Agreement, a global safeguard measure may take the form of import quota. If an import quota is used, such a measure shall not reduce the quantity of imports below the level of a recent period which shall be the average of imports in the last three representative years for which statistics are available, unless clear justification is given that a different level is necessary to prevent or remedy serious injury. In cases in which a quota is allocated among supplying countries, the Party applying the global safeguard measure may seek agreement with respect to the allocation of shares in the quota with the other Party having a substantial interest in supplying the product concerned. In cases in which this method is not reasonably practicable, the Party concerned shall allot to the other Party having a substantial interest in supplying the product shares based upon the proportions, supplied by that Party during a previous three years period, of the total quantity or value of imports of the product, due account being taken of any special factors which may have affected or may be affecting the trade in the product. In case
I. R. case I.R. Iran intends to apply a safeguard measure in the form of import quota and allocate it among supplying countries, such import quota shall be calculated and applied individually with respect to each EAEU Member State.
5. Serious injury shall be understood to mean a significant overall impairment in the position of a domestic industry. The Parties shall apply safeguard measures only to the extent necessary to prevent or remedy serious injury. The period of application of a safeguard measure shall not exceed 4 years, unless it is extended.
6. The period mentioned in paragraph 5 of this Article may be extended provided that the competent authorities of the importing Party have determined that the safeguard measure continues to be necessary to prevent or remedy serious injury and that there is evidence that the industry is adjusting, and provided that the pertinent provisions of paragraphs 8 – 12 of this Article are observed.
7. The Parties may apply a safeguard measure only following an investigation by the competent authority. The investigation shall include public notice to all interested parties and shall provide an opportunity for interested parties to present evidence and their views, including the opportunity to respond to the representations of other parties. The competent authority shall publish report setting forth the findings and conclusions on all pertinent issues of fact and law.
8. The Parties shall ensure equitable, transparent and effective procedures for safeguard investigations.
9. Each Party shall immediately notify the other Party upon:
(a) initiating a safeguard investigation;
(b) making preliminary and (or) final finding of serious injury or threat thereof caused by increased imports;
(c) taking a decision to apply or extend a safeguard measure.
10. The information pertinent to initiation of a safeguard investigation shall include, inter alia:
(a) the date of initiation of the investigation;
(b) a precise description of the product subject to the investigation and its classification under the Harmonised System;
(c) the period subject to the investigation;
(d) an explanation of the reasons for initiation of the investigation;
(e) schedule of public hearings and (or) the deadline for the request for hearings;
(f) deadlines for interested parties to submit evidence, to comment and to respond to presentations of other interested parties;
(g) the address where application and other documents related to the investigation can be directed;
(h) the name, address and telephone number of the competent investigating authority.
11. The Party intending to apply or extend a safeguard measure shall provide the other Party with all pertinent information, which shall include, inter alia:
(a) evidence of serious injury or threat thereof caused by increased imports;
(b) precise description of the product involved;
(c) precise description of the proposed safeguard measure;
(d) proposed date of introduction;
(e) expected duration and timetable for progressive liberalization;
(f) list of developing countries exempted from the safeguard measure (if applicable);
(g) evidence that the industry concerned is adjusting (in cases of extension of the measure);
(h) basis for determining that there are critical circumstances where delay would cause damage which would be difficult to repair (in case of provisional safeguard measures).
12. In applying global safeguard measures the Parties shall maintain the margin of preference granted pursuant to this Agreement.
13. The Parties shall provide opportunities for consultations with regard to application of safeguard measures.
Appears in 1 contract
Sources: Interim Agreement