Gatt Agreement On Safeguards

b) In addition, a member cannot seek, take or maintain voluntary export restrictions, orderly marketing agreements or similar measures on the export or import side. (3), (4) These include measures taken by a single member and measures within the framework of agreements, agreements and agreements reached by two or more members. Any such measure, in effect on the date of the WTO agreement, is brought into compliance with this agreement or expires in accordance with paragraph 2. The SG agreement, which expressly applies to all members in the same way, aims to clarify and strengthen GATT disciplines, including those of Article XIX; 2) restore multilateral control over measures to safeguard and eliminate measures beyond this control; and (3) to promote the structural adjustment of industries affected by increased imports, thereby strengthening competition in international markets. 2. (a) In cases where a quota is distributed among the supplier countries, the member applying the restrictions may seek agreement on the allocation of quota shares with all other members who have a considerable interest in delivering the product concerned. In cases where this method is not reasonably feasible, the member concerned shares members who have a core interest in providing the shares of the product on the basis of the shares of the product delivered by those members during a prior representative period of the total volume or total value of imports, taking into account all the particular factors that have or could affect the product`s trade. When applying a safeguard measure, the member must maintain a substantially equivalent level of concessions and other obligations to the exporting members concerned. In this regard, appropriate means of compensation can be agreed with the members concerned.

In the absence of such an agreement, the exporting members concerned may individually suspend substantially equivalent concessions and other obligations. The latter right cannot be exercised during the first three years of a safeguard measure if the measure is taken on the basis of an absolute increase in imports and is in line with the provisions of the agreement by other means. (c) This agreement does not apply to measures requested, taken or maintained by a member in accordance with the provisions of the 1994 GATT, unlike Article XIX and the multilateral trade agreements of Schedule 1A which are not this agreement, nor on the basis of protocols, agreements or agreements concluded under the 1994 GATT. The Secretary-General`s enterprise agreement was widely negotiated due to the increasing application by gaTT contracting parties of a large number of so-called “shadow zones” measures (voluntary bilateral export restrictions, ordered marketing agreements and similar measures) to limit imports of certain products. These measures were not imposed under Article XIX and are therefore not subject to the multilateral discipline of the GATT and the legality of these measures under the GATT was questionable. The agreement now clearly prohibits these measures and contains specific provisions to eliminate the measures in force when the WTO agreement came into force. Article 1 provides that the SG agreement is the instrument for applying the measures provided for in Article XIX of the GATT of 1994. In other words, any measure for which the scope of Article XIX (which allows the suspension of GATT concessions and obligations in defined emergency situations) must be taken in accordance with the provisions of the Treaty on the General Protection Enterprise. The agreement does not expressly apply to measures taken under other provisions of the 1994 GATT, to other annex 1A multilateral trade agreements, or to protocols and agreements or agreements concluded under the 1994 GATT.

(s. 11.1 (c)) 2. In the absence of agreement in the Consultations under Article 12, paragraph 3, within 30 days, the exporting members concerned are exempted no later than 90 days after the application of the measure, at the end of a period of thirty days from the date on which the Warenhan Council

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