Article 23
General Safeguards
1. The Parties confirm their rights to take a safeguard measure in accordance with Article XIX of GATT and the WTO Agreement on Safeguard Measures under conditions laid down in the Joint Declaration referring to this Article.
2. Notwithstanding paragraph 1, where as a result of the obligations incurred by a Party under this Agreement any product is being imported in such increased quantities and under such conditions from a Party to this Agreement as to cause or threaten to cause:
a. serious injury to domestic producers of like or directly competitive products in the territory of the importing Party, or
b. serious disturbances in any sector of the economy which could bring about serious deterioration in the economic situation of the importing Party,
the importing Party may take appropriate bilateral safeguard measures against the other Party to this Agreement under the conditions and in accordance with the relevant procedures laid down in Article 24.
Article 23 bis
Notwithstanding other provisions of this Agreement, and in particular Article 23, given the particular sensitivity of the agricultural market, if imports of products originating in one Party, which are the subject of concessions granted pursuant to Annex 3, cause serious disturbance to the markets or to their domestic regulatory mechanisms, in another Party, both Parties shall enter into consultations immediately to find an appropriate solution. Pending such solution, the Party concerned may take the appropriate measures it deems necessary.
Article 24
Conditions and Procedures for Taking Measures
1. Before initiating the procedure for the application of measures provided for in Articles 20, 21 and 23 the Parties shall endeavour to solve any differences between them through direct consultations.
2. If a Party subjects, to an administrative procedure having as its purpose the rapid provision of information on the trend of trade flows, imports of products that may give rise to a situation referred to in Article 23, it shall inform the Parties concerned.
3. Without prejudice to paragraph 7 of the present Article, a Party, which considers resorting to measures provided for in Articles 20, 21 and 23,
shall promptly notify any concerned Party and the Joint Committee thereof and supply all relevant information. The Joint Committee shall examine the case without delay and may make any recommendation needed to put an end to the difficulties notified. In the absence of such recommendation within 30 calendar days of the matter being referred to the Joint Committee, or if the practice objected to is not abolished within the period fixed by the Joint Committee, and if the problem persists, the complaining Party may adopt appropriate measures necessary in order to remedy the situation.
4. Measures as provided for in Articles 21, 23 and 42 shall be restricted with regard to their extent and duration to what is strictly necessary in order to remedy the problem and shall not be in excess of the injury caused by the practice. Priority shall be given to those measures which least disturb the functioning of this Agreement.
5. Bilateral safeguard measures under Article 23, paragraph 2 shall consist of an increase in the corresponding rate of duty applicable under this Agreement. The resulting rate of duty shall not exceed the lesser of:
a. the MFN applied rate of duty in effect at the time the action was taken, or
b. the MFN applied rate of duty in effect on the day immediately preceding the date of entry into force of this Agreement.
Bilateral safeguard measures shall contain clear elements progressively leading to their elimination and shall not be taken for a period exceeding one year. They can be renewable two times at most. No measure shall be applied to the import of a product that has previously been subject to such a measure for a period of two years since the expiry of the measure.
6. Measures taken in accordance with the Articles referred to in paragraphs 4 and 5 shall be notified immediately to the other Parties and to the Joint Committee. The Joint Committee shall monitor the implementation of these measures, in particular with a view to their relaxation or abolition as soon as possible.
7. Where exceptional and critical circumstances requiring immediate action make prior examination or information, as the case may be, impossible, the Party concerned may, in the case of Article 23, paragraph 2 apply forthwith provisional measures strictly necessary to remedy the situation. Such provisional measures may only apply for at most 200 calendar days. Provisional measures shall be notified without delay and consultations between the Parties shall take place as soon as possible within the Joint Committee and in accordance with the relevant paragraphs of this Article.