Eximkey - India Export Import Policy 2004 2013 Exim Policy
  1. A Member shall immediately notify the Committee on Safeguards upon:

    1. initiating an investigatory process relating to serious injury or threat thereof and the reasons for it;

    2. making a finding of serious injury or threat thereof caused by increased imports; and

    3. taking a decision to apply or extend a safeguard measure.

  2. In making the notifications referred to in paragraphs I (b) and I (c), the Member proposing to apply or extend a safeguard measure shall provide the Committee on Safeguards with all pertinent information, which shall include evidence of serious injury or threat thereof caused by increased imports, precise description of the product involved and the proposed measure, proposed date of introduction, expected duration and timetable for progressive liberalization. In the case of an extension of a measure, evidence that the industry concerned is adjusting shall also be provided. The Council for Trade in Goods or the Committee on Safeguards may request such additional information as they may consider necessary from the Member proposing to apply or extend the measure.

  3. A Member proposing to apply or extend a safeguard measure shall provide adequate opportunity for prior consultations with those Members having a substantial interest as exporters of the product concerned, with a view to, inter alia, reviewing the information provided under paragraph 2, exchanging views on the measure and reaching an understanding on ways to achieve the objective set out in paragraph I of Article. 8.

  4. A Member shall make a noiiflcation to the Committee on Safeguards before taking a provisional safeguard measure referred to in Article 6. Consultations shall be initiated immediately after the measure is taken.

  5. The results of the consultations referred to in this Article, as well as the results of mid-term reviews referred to in paragraph 4 of Article 7, any form of compensation referred to in paragraph I of Article 8, and proposed suspensions of concessions and other obligations referred to in paragraph 2 of Articie 8, shall be notified immediately to the Council for Trade in Goods by the Members concerned.

  6. Members shall notify promptly the Committee on Safeguards of their laws, regulations and administrative procedures relating to safeguard measures as well as any modifications made to them.

  7. Members maintaining measures described in Article 10 and paragraph I of Article II which exist on the date of entry into force of the WTO Agreement shall notify such measures to the Committee on Safeguards not later than 60 days after the date of entry into force of the WTO Agreement.

  8. Any Member may notify the Committee on Safeguards of all laws, regulations, admistrative procedures and any measures or actions dealt with in this Agreement that have not been notified by other Member that are required by this Agreement to make such notifications.

  9. Any Member may notify the Committee on Safeguards of any non-governmental measures referred to in paragraph 3 of Article 11.

  10. All notifications to the Council for Trade in Goods referred to in this Agreement shall normally be made through the Committee on Safeguards.

  11. The provisions on notification in this Agreement shall not require any Member to disclose confidential information the disclosure of which would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of particular enterprises, public or private.
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