Page 271 - Regional Comprehensive Economic Partnership (RCEP)
P. 271

3.   On request of any Party, the Committee on Goods may, no later
 than  three  years  before  the  end  of  the  transitional  safeguard   (a)   a precise description of the originating good subject to the
 period,  discuss  and  review  the  implementation  and  operation,   transitional  RCEP  safeguard  measure  including  its
 including  the  duration,  of  the  transitional  RCEP  safeguard   heading and subheading under the Harmonized System
 measures.                           and the national nomenclature of the Party;

                              (b)    evidence  of  the  serious  injury  or  threat  of  serious  injury
 Article 7.3: Notification and Consultation   caused  by  increased  imports  of  the  originating  good  of
                                     another  Party  or  Parties  as  a  result  of  the  reduction  or
 1.   A  Party  shall  immediately  deliver  a  written  notice  to  the  other   elimination of a customs duty pursuant to this Agreement;
 Parties upon:
                              (c)    a  precise  description  of  the  proposed  transitional  RCEP
 (a)   initiating  an  investigation  referred  to  in  Article  7.4   safeguard measure;
 (Investigation  Procedures)  relating  to  serious  injury  or
 threat of serious injury and the reasons for it;   (d)   the  proposed  date  of  the  introduction  of  the  transitional
                                     RCEP safeguard measure, its expected duration, and, if
 (b)   making a finding of serious injury or threat of serious injury   applicable, a timetable for the progressive liberalisation of
 caused by increased imports;        the  transitional  RCEP  safeguard  measure  referred  to  in
                                     paragraph  3  of  Article  7.5  (Scope  and  Duration  of
 (c)   applying or extending the imposition of a transitional RCEP   Transitional RCEP Safeguard Measures); and
 safeguard measure; and
                              (e)    in  the  case  of  an  extension  of  the  transitional  RCEP
 (d)   taking  a  decision  to  modify,  including  to  progressively   safeguard measure, evidence that the domestic industry
 liberalise, a transitional RCEP safeguard measure.   concerned is adjusting.

 2.   A written notice referred to in subparagraph 1(a) shall include:   5.   A  Party  proposing  to  apply  or  extend  a  transitional  RCEP
                              safeguard measure shall provide adequate opportunity for prior
 (a)   a precise description of the originating good subject to the   consultations with the Parties that have a substantial interest as
 investigation including its heading and subheading under   exporters  of  the  good  concerned,  with  a  view  to,  inter  alia,
 the Harmonized System and the national nomenclature of   reviewing the information provided under paragraphs 2 and 4 that
 the Party;                   has  arisen  from  the  investigation  referred  to  in  Article  7.4
                              (Investigation Procedures), exchanging views on the transitional
 (b)   a  summary  of  the  reason  for  the  initiation  of  the   RCEP  safeguard  measure,  and  reaching  an  understanding  on
 investigation; and           ways  to  achieve  the  objective  set  out  in  Article  7.7
                              (Compensation).
 (c)   the date of the initiation of the investigation and the period
 of investigation.
                       Article 7.4: Investigation Procedures
 3.   A Party shall provide to the other Parties a copy or the Uniform
 Resource  Locator  of  the  public  version  of  the  report  by  its   1.   A  Party  shall  apply  a transitional  RCEP  safeguard  measure
 competent authorities that is required under paragraph 1 of Article   only  following  an  investigation  by  its  competent  authorities  in
 7.4 (Investigation Procedures).  The provided report may be in the   accordance  with the same procedures  as those provided for in
 language originally used in the report by its competent authorities.   Article  3  and  paragraph  2  of  Article  4  of  the  Safeguards
                              Agreement.  To this end, Article 3 and paragraph 2 of Article 4 of
 4.   A written notice referred to in subparagraphs 1(b) through (d) shall   the Safeguards Agreement are incorporated  into  and made part
 include:                     of this Agreement, mutatis mutandis.




 7-3                                                       7-4
   266   267   268   269   270   271   272   273   274   275   276