Common use of Notification and Consultation Clause in Contracts

Notification and Consultation. 1. A Party shall promptly notify the other Party, in writing, upon: (a) initiating an investigation under Article 5.8 (Investigation); (b) 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) taking a decision to apply or extend a safeguard measure, or to apply a provisional measure; and (d) taking a decision to progressively liberalise a safeguard measure previously applied. 2. A Party shall provide to the other Party a copy of the public version of the report of its competent authorities required under Article 5.8(1) (Investigation) immediately after it is available. 3. In the written notice referred to in paragraph 1(a), the reason for the initiation of the investigation, a precise description of an originating product subject to the investigation and its subheading or more detailed level of the HS, the period subject to the investigation and the date of initiation of the investigation shall be included. 4. In notifying under paragraphs 1(b) and (c), the Party applying or extending a safeguard measure shall also provide evidence 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 pursuant to this Agreement; a precise description of the product involved and its subheading or more detailed level of the HS; the details of the proposed safeguard measure; and the date of introduction, duration and timetable for progressive liberalisation of the measure, if such timetable is applicable. In the case of an extension of a safeguard measure, evidence that the domestic industry concerned is adjusting shall also be provided. Upon request, the Party applying or extending a safeguard measure shall to the extent possible provide additional information as the other Party may consider necessary. 5. A Party proposing to apply or extend a safeguard measure shall provide adequate opportunity for prior consultations with the other Party, with a view to, inter alia, reviewing the information provided under paragraph 4, exchanging views on the safeguard measure and reaching an agreement on compensation as set forth in Article 5.11(1) (Compensation). 6. Where a Party applies a provisional measure referred to in Article 5.9 (Provisional Measures), on request of the other Party, consultations shall be initiated immediately after such application. 7. The provisions on notification in this Article shall not require a Party to disclose confidential information the disclosure of which would impede law enforcement or otherwise be contrary to the public interest, or would prejudice the legitimate commercial interests of particular enterprises, public or private.

Notification and Consultation. 1. A Party shall promptly notify provide written notice to the other Party, in writing, uponParty immediately after: (a) initiating an investigation under referred to in Article 5.8 3.8 (InvestigationInvestigation Procedure); (b) making a finding of serious injury or threat thereof of serious injury caused by increased imports of an originating product good of the other Party as a result of the a customs duty reduction or elimination of a Customs duty on in relation to the product pursuant to this Agreementgood; (c) taking a decision to apply or extend a bilateral safeguard measure, or to apply a provisional measure; andor (d) taking a decision to progressively liberalise modify a bilateral safeguard measure previously appliedfor progressive liberalisation. 2. A Party shall provide promptly to the other Party a copy of the public version of the report of its competent authorities required authority following the conclusion of its investigation as set out under Article 5.8(1) 3.8 (Investigation) immediately after it is availableInvestigation Procedure). 3. In The Party providing a written notice referred to in paragraph 1 shall provide the other Party with all pertinent information, which shall include: (a) in the written notice referred to in paragraph subparagraph 1(a), the reason for the initiation of the investigation, a precise description of an originating product the good subject to the investigation and (including its subheading or more detailed level of in the HSHarmonized System), the importation period subject to the investigation investigation, and the date of initiation of the investigation shall be included.investigation; and 4. In notifying under paragraphs (b) in the written notice referred to in subparagraphs 1(b) and through (cd), the Party applying evidence of the serious injury or extending a safeguard measure shall also provide evidence the threat of serious injury or threat thereof caused by the increased imports of an originating product of the other Party good as a result of the customs duty reduction or elimination of a Customs duty pursuant to this Agreement; elimination, a precise description of the product involved and good subject to the proposed bilateral safeguard measure (including its subheading or more detailed level in the Harmonized System), a precise description of the HS; bilateral safeguard measure, and, as applicable, the details proposed date of the proposed introduction, extension, or modification of the bilateral safeguard measure; , its expected duration, and the date of introduction, duration and timetable for the progressive liberalisation of the measure, if such timetable is applicable. In the case of an extension of a bilateral safeguard measure, evidence that the domestic industry concerned is adjusting shall also be provided. Upon request, the Party applying or extending a safeguard measure shall to the extent possible provide additional information as the other Party may consider necessary. 54. A Party proposing to apply or extend a bilateral safeguard measure shall provide adequate opportunity for prior consultations with the other Party, Party with a view to, inter alia, to reviewing the information provided under paragraph 4subparagraph 3(b), exchanging views on the bilateral safeguard measure measure, and reaching an agreement on compensation as set forth out in Article 5.11(1) 3.11 (Compensation). 6. Where a Party applies a provisional measure referred to in Article 5.9 (Provisional Measures), on request of the other Party, consultations shall be initiated immediately after such application. 7. The provisions on notification in this Article shall not require a Party to disclose confidential information the disclosure of which would impede law enforcement or otherwise be contrary to the public interest, or would prejudice the legitimate commercial interests of particular enterprises, public or private.

Notification and Consultation. 1. A Party shall promptly notify the other Party, in writing, upon: (a) initiating an investigation under Article 5.8 8.4 (Investigation); (b) 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 customs duty on the product pursuant to this Agreement; (c) taking a decision to apply or extend a safeguard measure, or to apply a provisional measure; and (d) taking a decision to progressively liberalise a safeguard measure previously applied. 2. A Party shall provide to the other Party a copy of the public version of the report of its competent authorities required under paragraph 1 of Article 5.8(1) 8.4 (Investigation) immediately after it is available. 3. In the written notice referred to in paragraph 1(a), the reason for the initiation of the investigation, a precise description of an originating product subject to the investigation and its subheading or more detailed level of the HS, the period subject to the investigation and the date of initiation of the investigation shall be included. 4. In notifying under paragraphs 1(b) and (c), the Party applying or extending a safeguard measure shall also provide evidence 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 customs duty pursuant to this Agreement; a precise description of the product involved and its subheading or more detailed level of the HS; the details of the proposed safeguard measure; and the date of introduction, duration and timetable for progressive liberalisation of the measure, if such timetable is applicable. In the case of an extension of a safeguard measure, evidence that the domestic industry concerned is adjusting shall also be provided. Upon request, the Party applying or extending a safeguard measure shall to the extent possible provide additional information as the other Party may consider necessary. 5. A Party proposing to apply or extend a safeguard measure shall provide adequate opportunity for prior consultations with the other Party, with a view to, inter alia, reviewing the information provided under paragraph 4, exchanging views on the safeguard measure and reaching an agreement on compensation as set forth in paragraph 1 of Article 5.11(1) 8.7 (Compensation). 6. Where a Party applies a provisional measure referred to in Article 5.9 8.5 (Provisional Measures), on request of the other Party, consultations shall be initiated immediately after such application. 7. The provisions on notification in this Article shall not require a Party to disclose confidential information information, the disclosure of which would impede law enforcement or otherwise be contrary to the public interest, or would prejudice the legitimate commercial interests of particular enterprises, public or private.