Gatt Agreement On Safeguards

For example, the “specific safeguard measures” in Article 5 of the WTO Agreement on Agriculture and the “transitional guarantees” under Article 6 of the WTO Agreement on Textiles and Textiles apply only to agricultural or textile products. See chapters 6 and 9 of this book. 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. In the absence of agreement in the Article 12 consultations, paragraph 3, within 30 days, the exporting members concerned are exempt, no later than 90 days after the application of the measure, from suspending the suspension at the end of a period of thirty days from the date on which the Council for Trade in Goods received a written notification of the suspension. , the application, under the 1994 GATT, of concessions or other commitments essentially equivalent to the trade of the member applying the safeguard measure which the Council for Trade in Goods does not disapprove of the suspension of this measure. 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. Recognising further that, to this end, a comprehensive agreement applies to all members and is based on the fundamental principles of 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.

The repeated application of protection measures for a particular product is limited by the agreement. As a general rule, a safeguard clause can only be re-applied to a product after the expiry of a period equal to the duration of the original safeguard clause, as long as the non-request period is at least two years. 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.

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