Art. 17
(SAA Article 32)
In vigore dal 29 apr 2008
Article 17
(SAA Article 32)
Safeguard clause concerning agriculture and fisheries
1. Notwithstanding other provisions of this Agreement, and in particular Article 26, given the particular sensitivity of the agricultural and fisheries markets, if imports of products originating in one Party, which are the subject of concessions granted pursuant to Articles 10, 11, 12, 13, 14 and 15, cause serious disturbance to the markets or to their domestic regulatory mechanisms, in the other 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.
2. In the event that imports originating in Serbia of products listed in Annex V of Protocol 3 cumulatively reach in volume 115 % of the average of the three previous calendar years, Serbia and the Community shall within five working days enter into consultations to analyse and evaluate the trade pattern of these products into the Community, and when necessary, find appropriate solutions to avoid trade distortion of the imports of these products into the Community.
Without prejudice to paragraph 1, in the event that imports originating in Serbia of products listed in Annex V of Protocol 3 cumulatively increase by more than 30 percent in volume during a calendar year, compared to the average of the three previous calendar years, the Community may suspend the preferential treatment applicable to the products causing the increase.
If a suspension of the preferential treatment is decided, the Community shall notify within five working days the measure to the Interim Committee and shall enter in consultations with Serbia to agree on measures designed to avoid trade distortion in trade of products listed in Annex V of Protocol 3.
The Community shall restore the preferential treatment as soon as the trade distortion has been resolved by the effective implementation of the agreed measures or by the effect of any other appropriate measures adopted by the Parties
The provisions of Article 26, paragraphs 3 to 6 shall apply mutatis mutandis to action under this paragraph.
3. The Parties shall review the functioning of the mechanism provided for in paragraph 2 no later than three years after the entry into force of this Agreement. The Interim Committee may decide on appropriate adaptations to the mechanism provided for in paragraph 2.
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Proeli:dec:2010:36(1):oj#art-17