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Publicado en Sep 23, 2021

Immediate Notification Under Article 12.5 Of The Agreement On Safeguards

2. In the absence of agreement during the consultations referred to in Article 12(3), within thirty days, the exporting Members concerned shall be free to suspend, no later than 90 days after the application of the measure, after the expiry of a period of thirty days from the date on which the Exchange Council received written notification of such a suspension; the application of substantially equivalent concessions or other obligations under GATT 1994 to the trade of the member applying the safeguard measure, the suspension of which the Council for Trade in Goods does not view with a negative eye. 2. The phasing out of the measures referred to in point (b) of paragraph 1 shall be carried out in accordance with the timetables to be submitted to the Safeguard Committee by the Members concerned no later than 180 days after the entry into force of the WTO Agreement. (b) a Member may derogate from the provisions of point (a) provided that the consultations referred to in Article 12(3) are conducted under the auspices of the Safeguard Committee provided for in Article 13(1) and that the Committee clearly demonstrates that (i) imports of certain Members have increased disproportionately in relation to the overall increase in imports of the product concerned during the representative period; (ii) the reasons for the derogation from point (a) are justified and (iii) the conditions for such a derogation are appropriate for all suppliers of the product concerned. The duration of such a measure may not be extended beyond the initial period referred to in Article 7(1). The above-mentioned exit is not allowed in case of threat of serious injury. (c) In determining injury or the risk of injury, a domestic industry means the total producer of like or directly competitive products active in the territory of a Member State or producers whose total production of such products or directly competitive products represents a significant part of the total domestic production of those products. (10) All notifications to the Council for Trade in Goods referred to in this Agreement are generally made through the Safeguard Committee.

1. A Safeguard Committee shall be established under the authority of the Council for Trade in Goods, open to the participation of any member wishing to become a member. The Committee shall carry out the following tasks: the provisions of Articles XXII and XXIII of GATT 1994, as elaborated and applied in the Dispute Settlement Agreement, shall apply to consultations and the settlement of disputes arising out of this Agreement. . . .