Page 275 - Regional Comprehensive Economic Partnership (RCEP)

2. If the consultations referred to in paragraph 1 do not result in an 2. A Party shall deliver a written notice to the other Parties prior to
agreement on trade compensation within 30 days of the applying a provisional RCEP safeguard measure. Consultations
commencement of such consultations, any Party against whose with the Parties that have a substantial interest as exporters of the
good the transitional RCEP safeguard measure is applied may good concerned on the application of the provisional RCEP
suspend the application of substantially equivalent concessions safeguard measure shall be initiated immediately after the
to the trade in goods of the Party applying the transitional RCEP provisional RCEP safeguard measure is applied.
safeguard measure.
3. The duration of any provisional RCEP safeguard measure shall
3. A Party against whose good a transitional RCEP safeguard not exceed 200 days, during which period the Party applying that
measure is applied shall deliver a written notice to the Party provisional RCEP safeguard measure shall comply with the
applying the transitional RCEP safeguard measure at least 30 requirements of paragraph 1 of Article 7.4 (Investigation
days before it suspends the application of concessions in Procedures). If the investigation referred to in paragraph 1 of
accordance with paragraph 2. Article 7.4 (Investigation Procedures) does not result in a finding
that the requirements of Article 7.2 (Application of Transitional
4. The obligation to provide compensation under paragraph 1 and RCEP Safeguard Measures) are met, the Party applying the
the right to suspend the application of concessions in accordance provisional RCEP safeguard measure shall promptly refund any
with paragraph 2 shall cease on the termination of the transitional additional customs duties collected as a result of the provisional
RCEP safeguard measure. RCEP safeguard measure. For greater certainty, the duration of
any provisional RCEP safeguard measure shall be counted as
5. The right to suspend the application of concessions in accordance part of the total period prescribed by subparagraph 1(b) of Article
with paragraph 2 shall not be exercised for the first three years 7.5 (Scope and Duration of Transitional RCEP Safeguard

during which the transitional RCEP safeguard measure is in Measures).
effect, provided that the transitional RCEP safeguard measure
has been applied as a result of an absolute increase in imports 4. Paragraph 2 of Article 7.2 (Application of Transitional RCEP
and that it conforms to this Agreement. Safeguard Measures), paragraph 4 of Article 7.5 (Scope and
Duration of Transitional RCEP Safeguard Measures), and
6. A Least Developed Country Party that applies or extends a paragraphs 1 and 2 of Article 7.10 (Other Provisions) shall apply,
transitional RCEP safeguard measure shall not be requested for mutatis mutandis, to a provisional RCEP safeguard measure.
any compensation by the affected Parties.

Article 7.9: Global Safeguard Measures
Article 7.8: Provisional RCEP Safeguard Measures
1. Nothing in this Agreement shall affect the rights and obligations
1. In critical circumstances where delay would cause damage that of the Parties under Article XIX of GATT 1994 and the Safeguards
would be difficult to repair, an importing Party may apply a Agreement.
1
provisional RCEP safeguard measure, which shall take the form
of the measures set out in subparagraph 1(a) or (b) of Article 7.2 2. Unless otherwise provided in paragraph 3, nothing in this
(Application of Transitional RCEP Safeguard Measures), Agreement shall confer any rights or impose any obligations on
pursuant to a preliminary determination by its competent the Parties with regard to actions taken pursuant to Article XIX of
2
authorities that there is clear evidence that imports of an GATT 1994 and the Safeguards Agreement.
originating good from another Party or Parties have increased as
the result of the reduction or elimination of a customs duty under
this Agreement, and such increased imports have caused or are 1 For greater certainty, each Party retains its rights and obligations under Article 5 of
threatening to cause serious injury to a domestic industry of the the Agreement on Agriculture in view of Article 20.2 (Relation to Other Agreements).
importing Party. 2 For greater certainty, each Party retains its rights and obligations under Article 5 of
the Agreement on Agriculture in view of Article 20.2 (Relation to Other Agreements).

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