Статья 3.15. Стандарты для двусторонней защитной меры / Article 3.15. Standards for a Bilateral Safeguard Measure

Article 3.15
Standards for a Bilateral Safeguard Measure

1. A Party shall maintain a bilateral safeguard measure only for such period of time as may be necessary to prevent or remedy serious injury and to facilitate adjustment. That period shall not exceed two (2) years, except that the period may be extended by up to one (1) year if the investigating authority of the Party that applies the measure determines, in conformity with the procedures set out in Article 3.16 (Investigation Procedures and Transparency Requirements), that the bilateral safeguard measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment.

2. No bilateral safeguard measure shall be applied in the first six (6) months after the commencement of the tariff reduction or tariff elimination comes into force as negotiated under this Agreement.

3. No bilateral safeguard measure shall be applied again to the import of the same good during the transitional safeguard period, unless a period of time equal to half of the period during which the bilateral safeguard measure was applied previously has elapsed.

4. No bilateral safeguard measure shall be taken against a good while a global safeguard measure in respect of that good is in place; in the event that a global safeguard measure is taken in respect of a good, any existing bilateral safeguard measure which is taken against that good shall be terminated.

5. Upon the termination of the bilateral safeguard measure, the rate of customs duty shall be the rate which would have been in effect on the date of termination of the measure as set out in Annex 2 - 1 (Schedules of Tariff Commitments) had the measure not been imposed.