Common use of COMMON PROVISIONS Clause in Contracts

COMMON PROVISIONS. Article 24. The provisions of this chapter shall apply to trade in all products except where otherwise provided herein or in Protocols 1, 2 and 3. 1. No new customs duties on imports or exports or charges having equivalent effect shall be introduced, nor shall those already applied be increased, in the trade between the Community and Poland from the date of entry into force of this Agreement. 2. No new quantitative restriction on imports or exports or measure having equivalent effect shall be introduced nor shall those existing be made more restrictive in trade between the Community and Poland from the date of entry into force of this Agreement. 3. Without prejudice to the concessions granted under Article 20, the provisions of paragraphs 1 and 2 of this Article shall not restrict in any way the pursuance of the respective agricultural policies of Poland and the Community or the taking of any measures under such policies. 1. The two Parties shall refrain from any measures or practice of an internal fiscal nature establishing, whether directly or indirectly, discrimination between the products of one Party and like products originating in the territory of the other Party. 2. Products exported to the territory of one of the two Parties may not benefit from repayment of internal taxation in excess of the amount of direct or indirect taxation imposed on them. 1. This Agreement shall not preclude the maintenance or establishment of Customs unions, free trade areas or arrangements for frontier trade except in so far as they alter the trade arrangements provided for in this Agreement. 2. Consultations between the Parties shall take place within the Association Council concerning agreements establishing such customs unions or free trade areas, and, where requested, on other major issues related to their respective trade policy with third countries. In particular in the event of a third country acceding to the Community, such consultations shall take place so as to ensure that account can be taken of the mutual interests of the Community and Poland stated in this Agreement. Article 28. Exceptional measures of limited duration which derogate from the provisons of Articles 10 and 25 (1) may be taken by Poland in the form of increased customs duties. These measures may only concern infant industries, or certain sectors undergoing restructuring or facing serious difficulties, particularly where these difficulties produce important social problems. Customs duties on imports applicable in Poland to products originating in the Community introduced by these measures may not exceed 25 % ad valorem and shall maintain an element of preference for products originating in the Community. The total value of imports of the products which are subject to these measures may not exceed 15 % of total imports of industrial products from the Community as defined in Chapter I, during the last year for which statistics are available. These measures shall be applied for a period not exceeding five years unless a longer duration is authorized by the Association Council. They shall cease to apply at the latest at the expiration of the transitional period. No such measures can be introduced in respect of a product if more than three years have elapsed since the elimination of all duties and quantitative restrictions or charges or measures having an equivalent effect concerning that product. Poland shall inform the Association Council of any exceptional measures it intends to take and, at the request of the Community, consultations shall be held in the Association Council on such measures and the sectors to which they apply before they are applied. When taking such measures Poland shall provide the Association Council with a schedule for the elimination of the customs duties introduced under this Article. This schedule shall provide for a phasing out of these duties starting at the latest two years after their introduction at equal annual rates. The Association Council may decide on a different schedule. Article 29. If one of the Parties finds that dumping is taking place in trade with the other Party within the meaning of Article VI of the General Agreement on Tariffs and Trade, it may take appropriate measures against this practice in accordance with the Agreement relating to the application of Article VI of the General Agreement on Tariffs and Trade, with related internal legislation and with the conditions and procedures laid down in Article 33. Article 30. Where any product is being imported in such increased quantities and under such conditions as to cause or threaten to cause: - serious injury to domestic producers of like or directly competitive products in the territory of one of the Contracting Parties, or - serious disturbances in any sector of the economy or difficulties which could bring about serious deterioration in the economic situation of a region, the Community or Poland, whichever is concerned, may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 33. Article 31. Where compliance with the provisions of Articles 13 and 25 leads to (i) re-export towards a third country against which the exporting Party maintains, for the product concerned, quantitative export restrictions, export duties or measures having equivalent effect, or (ii) a serious shortage, or threat thereof, of a product essential to the exporting Party, and where the situations referred to above give rise, or are likely to give rise, to major difficulties for the exporting Party, that Party may take appropriate measures under the conditions and in accordance with the procedures laid down in Article

Appears in 1 contract

Sources: Association Agreement

COMMON PROVISIONS. Article 24. 25 The provisions of this chapter Chapter shall apply to trade in all products products, except where otherwise provided herein or in Protocols 1, 2 and or 3. 1. No new customs duties on imports or exports or charges having equivalent effect shall be introduced, nor shall those already applied be increased, in the trade between the Community and Poland Romania from the date of entry into force of this the Agreement. 2. No new quantitative restriction restrictions on imports or exports or measure measures having equivalent effect shall be introduced introduced, nor shall those existing be made more restrictive restrictive, in the trade between the Community and Poland Romania from the date of entry into force of this the Agreement. 3. Any new customs duties on imports or exports or charges having equivalent effect or increases thereof or any new quantitative restrictions or charges having equivalent effect or increases thereof introduced by Romania after the beginning of the negotiations shall be abolished at the latest at the entry into force of the Agreement. 4. Without prejudice to the concessions granted under Article 2021, the provisions of paragraphs 1 and 2 of this Article shall not restrict in any way the pursuance of the respective agricultural policies of Poland Romania and the Community or the taking of any measures under such policies. 1. The two Parties shall refrain from any measures measure or practice of an internal fiscal nature establishing, whether directly or indirectly, discrimination between the products of one Party and like products originating in the territory of the other Party. 2. Products exported to the territory of one of the two Parties may not benefit from repayment of internal taxation in excess of the amount of direct or indirect taxation imposed on them. 1. This Agreement shall not preclude the maintenance or establishment of Customs customs unions, free trade areas or arrangements for frontier trade except in so far as they alter the trade arrangements provided for in this Agreement. 2. Consultations between the Parties shall take place within the Association Council concerning agreements Agreements establishing such customs unions or free trade areas, areas and, where requested, on other major issues related to their respective trade policy policies with third countries. In particular in the event of a third country acceding to the Community, such consultations shall take place so as to ensure that account can be taken of the mutual interests of the Community and Poland Romania stated in this Agreement. Article 28. 29 Exceptional measures of limited duration which derogate from the provisons provisions of Articles 10 11 and 25 26 (1) may be taken by Poland Romania in the form of increased customs duties. These measures may only concern infant industries, or certain sectors undergoing restructuring or facing serious difficulties, particularly where these difficulties produce important social problems. Customs duties on imports applicable in Poland Romania to products originating in the Community introduced by these measures may not exceed 25 % ad valorem and shall maintain an element of preference for products originating in the Community. The total value of imports of the products which are subject to these measures may not exceed 15 % of total imports from the Community of industrial products from the Community as defined in Chapter I, during the last year for which statistics are available. These measures shall be applied for a period not exceeding five years years, unless a longer duration is authorized by the Association Council. They shall cease to apply at the latest at the expiration of the transitional period. No such measures can be introduced in respect of a product if more than three years have elapsed since the elimination of all duties and quantitative restrictions or charges or measures having an equivalent effect concerning that product. Poland Romania shall inform the Association Council of any exceptional measures it intends to take and, at the request of the Community, consultations shall be held in the Association Council on such measures and the sectors to which they apply before they are applied. When taking such measures Poland measures, Romania shall provide the Association Council with a schedule for the elimination of the customs duties introduced under this Article. This schedule shall provide for a phasing out of these duties starting at the latest two years after their introduction at equal annual rates. The Association Council may decide on a different schedule. Article 29. 30 If one of the Parties finds that dumping is taking place in trade with the other Party within the meaning of Article VI of the General Agreement on Tariffs and Trade, it may take appropriate measures against this practice in accordance with the Agreement relating to the application of Article VI of the General Agreement on Tariffs and Trade, with related internal legislation and with the conditions and procedures laid down in Article 3334. Article 30. 31 Where any product is being imported in such increased quantities and under such conditions as to cause cause, or threaten to cause: - serious injury to domestic producers of like or directly competitive products in the territory of one of the Contracting Parties, or - serious disturbances in any sector of the economy or difficulties which could bring about serious deterioration in the economic situation of a region, the Community or PolandRomania, whichever is concerned, may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 3334. Article 31. 32 Where compliance with the provisions of Articles 13 14 and 25 26 leads to: (i) re-export towards a third country against which the exporting Party maintains, for the product concerned, quantitative export restrictions, export duties or measures having equivalent effect, ; or (ii) a serious shortage, or threat thereof, of a product essential to the exporting Party, and where the situations above referred to above give rise, or are likely to give rise, rise to major difficulties for the exporting Party, that Party may take appropriate measures under the conditions and in accordance with the procedures laid down in ArticleArticle 34. The measures shall be non-discriminatory and be eliminated when conditions no longer justify their maintenance. Article 33 The Member States and Romania shall progressively adjust any State monopolies of a commercial character so as to ensure that, by the end of the fifth year following the entry into force of this Agreement, no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of the Member States and of Romania. The Association Council will be informed about the measures adopted to implement this objective. 1. In the event of the Community or Romania subjecting imports of products liable to give rise to the difficulties referred to in Article 31 to an administrative procedure having as its purpose the rapid provision of information on the trend of trade flows, it shall inform the other Party. 2. In the cases specified in Articles 30, 3 1 and 32, before taking the measures provided for therein or, in cases to which paragraph 3 (d) applies, as soon as possible, the Community or Romania as the case may be shall supply the Association Council with all relevant information, with a view to seeking a solution acceptable to the two Parties. In the selection of measures, priority must be given to those which least disturb the functioning of this Agreement. The safeguard measures shall be notified immediately to the Association Council and shall be the subject of periodic consultations within that body, particularly with a view to establishing a timetable for their abolition as soon as circumstances permit. 3. For the implementation of paragraph 2, the following provisions shall apply: (a) as regards Article 31, the difficulties arising from the situation referred to in that Article shall be referred for examination to the Association Council, which may take any decision needed to put an end to such difficulties. If the Association Council or the exporting Party has not taken a decision putting an end to the difficulties or no other satisfactory solution has been reached within 30 days of the matter being referred, the importing Party may adopt the appropriate measures to remedy the problem. These measures must not exceed the scope of what is necessary to remedy the difficulties which have arisen; (b) as regards Article 30, the Association Council shall be informed of the dumping case as soon as the authorities of the importing Party have initiated an investigation. When no end has been put to the dumping or no other satisfactory solution has been reached within 30 days of the matter being referred to the Association Council, the importing Party may adopt the appropriate measures; (c) as regards Article 32, the difficulties arising from the situations referred to in that Article shall be referred for examination to the Association Council. The Association Council may take any decision needed to put an end to the difficulties. If it has not taken such a decision within 30 days of the matter being referred to it, the exporting Party may apply appropriate measures on the exportation of the product concerned; (d) where exceptional circumstances requiring immediate action make prior information or examination, as the case may be, impossible, the Community or Romania whichever is concerned may, in the situations specified in Articles 30, 31 and 32, apply forthwith the precautionary and provisional measures strictly necessary to deal with the situation, and the Association Council will be informed immediately. Article 35 Protocol 4 lays down rules of origin for the application of tariff preferences foreseen in this Agreement. Article 36 This Agreement shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of natural resources; the protection of national treasures of artistic, historic or archaeological value or the protection of intellectual, industrial and commercial property or rules relating to gold and silver. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the Parties. Article 37 Protocol 5 lays down the specific provisions to apply to trade between Romania of the one part and Spain and Portugal of the other part. 1. Subject to the conditions and modalities applicable in each Member State: - the treatment accorded to workers of Romanian nationality, legally employed in the territory of a Member State shall be free from any discrimination based on nationality, as regards working conditions, remuneration or dismissal, as compared to its own nationals, - the legally resident spouse and children of a worker legally employed in the territory of a Member State, with the exception of seasonal workers and of workers coming under bilateral agreements in the sense of Article 42, unless otherwise provided by such agreements, shall have access to the labour market of that Member State, during the period of that worker's authorized stay of employment. 2. Romania shall, subject to the conditions and modalities applicable in that country, accord the treatment referred to in paragraph 1 to workers who are nationals of a Member State and are legally employed in its territory as well as to their spouse and children who are legally resident in the said territory. 1. With a view to coordinating social security systems for workers of Romanian nationality, legally employed in the territory of a Member State and for the members of their family, legally resident there, and subject to the conditions and modalities applicable in each Member State: - all periods of insurance, employment or residence completed by such workers in the various Member States shall be added together for the purpose of pensions and annuities in respect of old age, invalidity and death and for the purpose of medical care for such workers and such family members, - any pensions or annuities in respect of old age, death, industrial accident or occupational disease, or of invalidity resulting therefrom, with the exception of non-contributory benefits, shall be freely transferable at the rate applied by virtue of the law the debtor Member State or States, - the workers in question shall receive family allowance for the members of their family as defined above. 2. Romania shall accord to workers who are nationals of a Member State and legally employed in its territory, and to members of their families legally resident there, treatment similar to that specified in the second and third indents of paragraph 1. 1. The Association Council shall by decision adopt the appropriate provisions to implement the objective set out in Article 39. 2. The Association Council shall by decision adopt detailed rules for administrative cooperation providing the necessary management and control guarantees for the application of the provisions referred to in paragraph 1.

Appears in 1 contract

Sources: Free Trade Agreement

COMMON PROVISIONS. Article 2425. The provisions of this chapter shall apply to trade in all products products, except where otherwise provided herein or in Protocols 1, 2 and or 3. 1. No new customs duties on imports or exports or charges having equivalent effect shall be introduced, nor shall those already applied be increased, in the trade between the Community and Poland Bulgaria from the date of entry into force of this the Agreement. 2. No new quantitative restriction restrictions on imports or exports or measure having equivalent effect shall be introduced introduced, nor shall those existing be made more restrictive restrictive, in the trade between the Community and Poland Bulgaria from the date of entry into force of this the Agreement. 3. Without prejudice to the concessions granted under Article 2021, the provisions of paragraphs 1 and 2 of this Article shall not restrict in any way the pursuance of the respective agricultural policies of Poland Bulgaria and the Community or the taking of any measures under such policies. 1. The two Parties shall refrain from any measures measure or practice of an internal fiscal nature establishing, whether directly or indirectly, discrimination between the products of one Party and like products originating in the territory of the other Party. 2. Products exported to the territory of one of the two Parties may not benefit from repayment of internal taxation in excess of the amount of direct or indirect taxation imposed on them. 1. This Agreement shall not preclude the maintenance or establishment of Customs customs unions, free trade areas or arrangements for frontier trade except in so far as they alter the trade arrangements provided for in this Agreement. 2. Consultations between the Parties shall take place within the Association Council concerning agreements establishing such customs unions or free trade areas, areas and, where requested, on other major issues related to their respective trade policy policies with third countries. In particular in the event of a third country acceding to the Community, such consultations shall take place so as to ensure that account can be taken of the mutual interests of the Community and Poland Bulgaria stated in this Agreement. Article 2829. Exceptional measures of limited duration which derogate from the provisons provisions of Articles 10 11 and 25 26 (1) may be taken by Poland Bulgaria in the form of increased customs duties. These measures may only concern infant industries, or certain sectors undergoing restructuring or facing serious difficulties, particularly where these difficulties produce important social problems. Customs duties on imports applicable in Poland Bulgaria to products originating in the Community introduced by these measures may not exceed 25 % ad valorem and shall maintain an element of preference for products originating in the Community. The total value of imports of the products which are subject to these measures may not exceed 15 % of total imports from the Community of industrial products from the Community as defined in Chapter I, during the last year for which statistics are available. These measures shall be applied for a period not exceeding five years years, unless a longer duration is authorized by the Association Council. They shall cease to apply at the latest at the expiration of the transitional period. No such measures can be introduced in respect of a product if more than three years have elapsed since the elimination of all duties and quantitative restrictions or charges or measures having an equivalent effect concerning that product. Poland Bulgaria shall inform the Association Council of any exceptional measures it intends to take and, at the request of the Community, consultations shall be held in the Association Council on such measures and the sectors to which they apply before they are applied. When taking such measures Poland measures, Bulgaria shall provide the Association Council with a schedule for the elimination of the customs duties introduced under this Article. This schedule shall provide for a phasing out of these duties starting at the latest two years after their introduction at equal annual rates. The Association Council may decide on a different schedule. Article 2930. If one of the Parties finds that dumping is taking place in trade with the other Party within the meaning of Article VI of the General Agreement on Tariffs and Trade, it may take appropriate measures against this practice in accordance with the Agreement relating to the application of Article VI of the General Agreement on Tariffs and Trade, with related internal legislation and with the conditions and procedures laid down in Article 3334. Article 3031. Where any product is being imported in such increased quantities and under such conditions as to cause cause, or threaten to cause: - serious injury to domestic producers of like or directly competitive products in the territory of one of the Contracting Parties, or - serious disturbances in any sector of the economy or difficulties which could bring about serious deterioration in the economic situation of a region, the Community or PolandBulgaria, whichever is concerned, may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 3334. Article 3132. Where compliance with the provisions of Articles 13 14 and 25 26 leads to: (i) re-export towards a third country against which the exporting Party maintains, for the product concerned, quantitative export restrictions, export duties or measures having equivalent effect, ; or (ii) a serious shortage, or threat thereof, of a product essential to the exporting Party, and where the situations above referred to above give rise, or are likely to give rise, to major difficulties for the exporting Party, that Party may take appropriate measures under the conditions and in accordance with the procedures laid down in Article

Appears in 1 contract

Sources: Europe Agreement

COMMON PROVISIONS. Article 24. The provisions of this chapter Title shall apply to trade in all products originating in both Parties except where otherwise provided herein or in Protocols 1, 2 1 and 32. 1. No In trade between the Community and Latvia from 1 January 1995: - no new customs duties on imports or exports or charges having equivalent effect shall be introduced, nor shall those already applied be increased, in the trade between the Community and Poland from the date of entry into force of this Agreement. 2. No - no new quantitative restriction restrictions on imports or exports or measure measures having equivalent effect shall be introduced nor shall those existing be made more restrictive in trade between the Community and Poland from the date of entry into force of this Agreementrestrictive. 32. Without prejudice to the concessions granted under pursuant to Article 20, the provisions of paragraphs paragraph 1 and 2 of this Article shall not restrict in any way the pursuance of the respective agricultural and fisheries policies of Poland Latvia and the Community or the taking of any measures under such policies. 1. The two Parties shall refrain from any measures measure or practice of an internal fiscal nature establishing, whether directly or indirectly, discrimination between the products of one Party and like products originating in the territory of the other Party. 2. Products exported to the territory of one of the two Parties may not benefit from repayment of internal indirect taxation in excess of the amount of direct or indirect taxation imposed on them. 1. This Agreement shall not preclude the maintenance or establishment of Customs customs unions, free trade areas or arrangements for frontier trade except in so far as they alter the trade arrangements provided for in this Agreement. 2. Consultations between the Parties shall take place within the Association Council concerning agreements establishing such customs unions or free trade areas, areas and, where requested, on other major issues related to their respective trade policy policies with third countries. In particular in the event of a third country acceding to the Community, such consultations shall take place so as to ensure that account can be taken of the mutual interests of the Community and Poland Latvia stated in this Agreement. Article 28. Exceptional measures of limited duration which derogate from the provisons provisions of Articles 10 Article 11 and Article 25 (1) ), first indent, may be taken by Poland Latvia in the form of increased customs duties. These measures may only concern infant industries, or certain sectors undergoing restructuring or facing serious difficulties, particularly where these difficulties produce important social problems. Customs duties on imports applicable in Poland Latvia to products originating in the Community introduced by these measures may not exceed 25 % ad valorem and shall maintain an element of preference for products originating in the Community. The total value of imports of the products which are subject to these measures may not exceed 15 % of total imports of industrial products from the Community as defined in Chapter I, I during the last year for which statistics are available. These measures shall be applied for a period not exceeding five three years unless a longer duration is authorized by the Association Council. They shall cease to apply at the latest at the expiration of the transitional periodby 31 December 1998. No such measures can be introduced in respect of a product if more than three years have elapsed since the elimination of all duties and quantitative restrictions or charges or measures having an equivalent effect concerning that product. Poland Latvia shall inform the Association Council of any exceptional measures it intends to take and, at the request of the Community, consultations shall be held in the Association Council on such measures and the sectors to which they apply before they are applied. When taking such measures Poland Latvia shall provide the Association Council with a schedule for the elimination of the customs duties introduced under this Article. This schedule shall provide for a phasing out of these duties starting at the latest two years after their introduction at equal annual rates. The Association Council may decide on a different schedule. Article 29. If one of the Parties finds that dumping is taking place in trade with the other Party within the meaning of Article VI of the General Agreement on Tariffs and TradeGATT, it may take appropriate measures against this practice in accordance with the Agreement relating to the application of Article VI of the General Agreement on Tariffs and TradeGATT, with related internal legislation and with the conditions and procedures laid down in Article 33. Article 30. Where any product is being imported in such increased quantities and under such conditions as to cause or threaten to cause: - serious injury to domestic producers of like or directly competitive products in the territory of one of the Contracting Parties, or - serious disturbances in any sector of the economy or difficulties which could bring about serious deterioration in the economic situation of a region, the Community or PolandLatvia, whichever is concerned, may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 33. Article 31. Where compliance with the provisions of Articles 13 14 and 25 leads to: (i) re-export towards a third country against which the exporting Party maintains, for the product concerned, quantitative export restrictions, export duties or measures having equivalent effect, ; or (ii) a serious shortage, or threat thereof, of a product essential to the exporting Party, and where the situations referred to above give rise, or are likely to give rise, to major difficulties for the exporting Party, that Party may take appropriate measures under the conditions and in accordance with the procedures laid down in Article

Appears in 1 contract

Sources: Association Agreement

COMMON PROVISIONS. Article 241. No new quantitative restrictions on imports or any other restriction having equivalent effect shall be introduced in trade between the Community and Egypt. 2. Quantitative restrictions on imports and any other restriction having equivalent effect in trade between the Community and Egypt shall be abolished from the entry into force of this Agreement. 3. The provisions of this chapter Community and Egypt shall not apply to trade in all products except where otherwise provided herein exports between themselves either customs duties or in Protocols 1charges having equivalent effect, 2 and 3or quantitative restrictions or measures having equivalent effect. 1. The applicable rates for imports between the Parties shall be the WTO bound rate or lower applied rate enforced as of 1 January 1999 . If, after 1 January 1999 , a tariff reduction is applied on an erga omnes basis, the reduced rate shall apply. 2. No new customs duties on imports or exports exports, or charges having equivalent effect effect, shall be introduced, nor shall those already applied be increased, in the trade between the Community and Poland from Egypt, unless this Agreement provides otherwise. 3. The Parties shall communicate to each other their respective applied rates on 1 January 1999 . 1. Products originating in Egypt shall not, on importation into the date of entry into force of this AgreementCommunity, be accorded a treatment more favourable than that which the Member States apply among themselves. 2. No new quantitative restriction on imports or exports or measure having equivalent effect Application of the provisions of this Agreement shall be introduced nor shall those existing be made more restrictive in trade between the Community and Poland from the date of entry into force of this Agreement. 3. Without without prejudice to the concessions granted under Article 20, special provisions for the provisions of paragraphs 1 and 2 of this Article shall not restrict in any way the pursuance application of the respective agricultural policies of Poland and Community law to the Community or the taking of any measures under such policiesCanary Islands. 1. The two Parties shall refrain from any measures measure or practice of an internal fiscal nature establishing, whether directly or indirectly, discrimination between the products of one Party and like products originating in the territory of the other Party. 2. Products exported to the territory of one of the two Parties may not benefit from repayment of indirect internal taxation in excess of the amount of direct or indirect taxation imposed on themthem either directly or indirectly. 1. This Agreement shall not preclude the maintenance or establishment of Customs customs unions, free trade areas or arrangements for frontier trade trade, except in so far as they alter the trade arrangements provided for in this Agreement. 2. Consultations Consultation between the Parties shall take place within the Association Council concerning agreements establishing such customs unions or free trade areas, areas and, where requested, on other major issues related to their respective trade policy with third countries. In particular particular, in the event of a third country acceding to the CommunityUnion, such consultations consultation shall take place so as to ensure that account can be taken of the mutual interests of the Community and Poland stated in this AgreementParties. Article 28. Exceptional measures of limited duration which derogate from the provisons of Articles 10 and 25 (1) may be taken by Poland in the form of increased customs duties. These measures may only concern infant industries, or certain sectors undergoing restructuring or facing serious difficulties, particularly where these difficulties produce important social problems. Customs duties on imports applicable in Poland to products originating in the Community introduced by these measures may not exceed 25 % ad valorem and shall maintain an element of preference for products originating in the Community. The total value of imports of the products which are subject to these measures may not exceed 15 % of total imports of industrial products from the Community as defined in Chapter I, during the last year for which statistics are available. These measures shall be applied for a period not exceeding five years unless a longer duration is authorized by the Association Council. They shall cease to apply at the latest at the expiration of the transitional period. No such measures can be introduced in respect of a product if more than three years have elapsed since the elimination of all duties and quantitative restrictions or charges or measures having an equivalent effect concerning that product. Poland shall inform the Association Council of any exceptional measures it intends to take and, at the request of the Community, consultations shall be held in the Association Council on such measures and the sectors to which they apply before they are applied. When taking such measures Poland shall provide the Association Council with a schedule for the elimination of the customs duties introduced under this Article. This schedule shall provide for a phasing out of these duties starting at the latest two years after their introduction at equal annual rates. The Association Council may decide on a different schedule. Article 2922. If one of the Parties finds that dumping is taking place in trade with the other Party within the meaning of the provisions of Article VI of the General Agreement on Tariffs and TradeGATT 1994, it may take appropriate measures against this practice in accordance with the WTO Agreement relating to on the application Implementation of Article VI of the General Agreement on Tariffs GATT 1994 and Trade, with related internal legislation and with the conditions and procedures laid down in Article 33legislation. Article 3023. Where any product Without prejudice to Article 34, the WTO Agreement on Subsidies and Countervailing Measures shall apply between the Parties. Until the necessary rules referred to in Article 34(2) are adopted, if either Party finds that subsidy is being imported taking place in such increased quantities trade with the other party within the meanings of Articles VI and under such conditions as to cause or threaten to cause: - serious injury to domestic producers of like or directly competitive products in the territory of one XVI of the Contracting PartiesGATT 1994, or - serious disturbances in any sector of the economy or difficulties which could bring about serious deterioration in the economic situation of a region, the Community or Poland, whichever is concerned, it may take invoke appropriate measures under the conditions and against this practice in accordance with the procedures laid down in Article 33WTO Agreement on Subsidies and Countervailing Measures and related internal legislation. 1. The provisions of the Article 31XIX GATT 1994 and the WTO Agreement on Safeguards shall apply between the Parties. 2. Before applying safeguard measures pursuant to the provisions of the Article XIX GATT 1994 and the WTO Agreement on Safeguards, the Party intending to apply such measures shall supply the Association Committee with all relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties. In order to find such a solution, the Parties shall immediately hold consultations within the Association Committee. If, as a result of the consultations, the Parties do not reach an agreement within 30 days of the initiation of the consultations on a solution to avoid the application of the safeguard measures, the Party intending to apply safeguard measures may apply the provisions of the Article XIX GATT 1994 and the WTO Agreement on Safeguards. 3. In the selection of safeguard measures pursuant to this Article, the Parties shall give priority to those which cause least disturbance to the achievement of the objectives of this Agreement. 4. Safeguard measures shall be notified immediately to the Association Committee and shall be the subject of periodic consultations within the Committee, particularly with a view to their abolition as soon as circumstances permit. 1. Where compliance with the provisions of Articles 13 and 25 Article 17(3) leads to: (i) re-export towards a third country against which the exporting Party maintains, for the product concerned, quantitative export restrictions, export duties duties, or measures having equivalent effect, or (ii) a serious shortage, or threat thereof, of a product essential to the exporting Party, ; and where the situations referred to above give rise, or are likely to give rise, to major difficulties for the exporting Party, that Party may take appropriate measures under the conditions and in accordance with measures, according to the procedures laid down in Articleparagraph 2. 2. The difficulties arising from the situations referred to in paragraph 1 shall be submitted for examination to the Association Committee. The Committee may take any decision needed to put an end to the difficulties. If it has not taken such a decision within 30 days of the matter being referred to it, the exporting Party may apply appropriate measures on the exportation of the product concerned. The measures shall be non-discriminatory and be eliminated when conditions no longer justify their maintenance. Article 26. Nothing in this Agreement shall preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security, of the protection of health and life of humans, animals or plants, of the protection of national treasures possessing artistic, historic or archaeological value, of the protection of intellectual property or of regulations concerning gold and silver. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the Parties. Article 27. The concept of «originating products» for the application of the provisions of this Title and the methods of administrative cooperation relating to them are set out in Protocol 4. Article 28. The Combined Nomenclature of goods shall be applied to the classification of goods for imports into the Community. The Egyptian customs tariff shall be applied to the classification of goods for imports into Egypt.

Appears in 1 contract

Sources: Euro Mediterranean Association Agreement

COMMON PROVISIONS. Article 24. The provisions of this chapter Chapter shall apply to trade in all products except where otherwise provided herein or in Protocols Nos 1, 2 and 3. 1. No new customs duties on imports or exports or charges having equivalent effect shall be introduced, nor shall those already applied be increased, in the trade between the Community and Poland Hungary from the date of entry into force of this Agreement. 2. No new quantitative restriction on imports or exports or measure having equivalent effect shall be introduced nor shall those existing be made more restrictive in trade between the Community and Poland Hungary from the date of entry into force of this Agreement. 3. Without Whithout prejudice to the concessions granted under Article 20, the provisions of paragraphs 1 and 2 of this Article shall not restrict in any way the pursuance of the respective agricultural policies of Poland Hungary and the Community or the taking of any measures under such policies. 1. The two Parties shall refrain from any measures measure or practice of an internal fiscal nature establishing, whether directly or indirectly, discrimination between the products of one Party and like products originating in the territory of the other Party. 2. Products exported to the territory of one of the two Parties may not benefit from repayment of internal taxation in excess of the amount of direct or indirect taxation imposed on them. 1. This Agreement shall not preclude the maintenance or establishment of Customs customs unions, free trade areas or arrangements for frontier trade except in so far as they alter the trade arrangements provided for in this Agreement. 2. Consultations between the Parties shall take place within the Association Council concerning agreements establishing such customs unions or free trade areas, areas and, where requested, on other major issues related to their respective trade policy with third countries. In particular in the event of a third country acceding to the Community, such consultations shall take place so as to ensure that account can be taken of the mutual interests of the Community and Poland Hungary stated in this Agreement. Article 28. Exceptional measures of limited duration which derogate from the provisons provisions of Articles 10 and 25 (1) may be taken by Poland Hungary in the form of increased customs duties. These measures may only concern infant industries, or certain sectors undergoing restructuring or facing serious difficulties, particularly where these difficulties produce important social problems. Customs duties on imports applicable in Poland Hungary to products originating in the Community introduced by these measures may not exceed 25 % ad valorem and shall maintain an element of preference for products originating in the Community. The total value of imports of the products which are subject to these measures may not exceed 15 % of total imports of industrial products from the Community of industrial products, as defined in Chapter I, during the last year for which statistics are available. These measures shall be applied for a period not exceeding five years unless a longer duration is authorized by the Association Council. They shall cease to apply at the latest at the expiration of the transitional period. No such measures can be introduced in respect of a product if more than three years have elapsed since the elimination of all duties and quantitative restrictions or charges or measures having an equivalent effect concerning that product. Poland Hungary shall inform the Association Council of any exceptional measures it intends to take and, at the request of the Community, consultations shall be held in the Association Council on such measures and the sectors to which they apply before they are applied. When taking such measures Poland Hungary shall provide the Association Council with a schedule for the elimination of the customs duties introduced under this Article. This schedule shall provide for a phasing out of these duties starting at the latest two years after their introduction introduction, at equal annual rates. The Association Council may decide on a different schedule. Article 29. If one of the Parties finds that dumping is taking place in trade with the other Party within the meaning of Article VI of the General Agreement on Tariffs and Trade, it may take appropriate measures against this practice in accordance with the Agreement relating to the application of Article VI of the General Agreement on Tariffs and Trade, with related internal legislation and with the conditions and procedures laid down in Article 33. Article 30. Where any product is being imported in such increased quantities and under such conditions as to cause or threaten to cause: - serious injury to domestic producers of like or directly competitive products in the territory of one of the Contracting Parties, or - serious disturbances in any sector of the economy or difficulties which could bring about serious deterioration in the economic situation of a region, the Community or PolandHungary, whichever is concerned, may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 33. Article 31. Where compliance with the provisions of Articles 13 and 25 leads to: (i) re-export towards a third country against which the exporting Party maintains, for the product concerned, quantitative export restrictions, export duties or measures having equivalent effect, ; or (ii) a serious shortage, or threat thereof, of a product essential to the exporting Party, and where the situations above referred to above give rise, or are likely to give rise, to major difficulties for the exporting Party, that Party may take appropriate measures under the conditions and in accordance with the procedures laid down in Article

Appears in 1 contract

Sources: Association Agreement

COMMON PROVISIONS. Article 24. 17 The provisions of this chapter title shall apply to trade in all products except where otherwise provided herein or in Protocols 1, 2 1 and 32. 1. No In trade between the Community and Estonia from the date of entry into force of this Agreement: - no new customs duties on imports or exports or charges having equivalent effect shall be introduced, nor shall those already applied be increased, in the trade between the Community and Poland from the date of entry into force of this Agreement. 2. No - no new quantitative restriction restrictions on imports or exports or measure measures having equivalent effect shall be introduced nor shall those existing be made more restrictive in trade between the Community and Poland from the date of entry into force of this Agreementrestrictive. 32. Without prejudice to the concessions granted under pursuant to Article 2013, the provisions of paragraphs paragraph 1 and 2 of this Article shall not restrict in any way the pursuance of the respective agricultural policies of Poland Estonia and the Community or the taking of any measures under such policies. 3. Taking account of the Estonian tariff structure at the time of the entry into force of this Agreement, where no tariff duties are provided for agricultural products, in the event that a new tariff regime for the import of agricultural products is established, Estonia may, by way of derogation from paragraph 1 and pursuant to the implementation of its agricultural policy for its domestic production, introduce duties on a limited number of agricultural products originating in the Community. Such duties may only be introduced during the first two years following the entry into force of this Agreement, and after consultation in the Joint Committee. In all such cases, Estonia shall ensure a sizeable margin of preference for products originating in the Community. If necessary, the period of two years may be prolonged by one year by decision of the Joint Committee. 1. The two Parties shall refrain from any measures measure or practice of an internal fiscal nature establishing, whether directly or indirectly, discrimination between the products of one Party and like products originating in the territory of the other Party. 2. Products exported to the territory of one of the two Parties may not benefit from repayment of internal taxation in excess of the amount of direct or indirect taxation imposed on them. 1. This Agreement shall not preclude the maintenance or establishment of Customs customs unions, free trade areas or arrangements for frontier trade except in so far as they alter the trade arrangements provided for in this Agreement. 2. Consultations between the Parties shall take place within the Association Council Joint Committee concerning agreements establishing such customs unions or free trade areas, areas and, where requested, on other major issues related to their respective trade policy policies with third countries. In particular in the event of a third country acceding to the Community, such consultations shall take place so as to ensure that account can be taken of the mutual interests of the Community and Poland Estonia stated in this Agreement. Article 28. 21 Exceptional measures of limited duration which derogate from the provisons provisions of Articles 10 Article 5 and 25 Article 18 (1) ), first indent, may be taken by Poland Estonia in the form of increased customs duties. These measures may only concern infant industries, or certain sectors undergoing restructuring or facing serious difficulties, particularly where these difficulties produce important social problems. Customs duties on imports applicable in Poland Estonia to products originating in the Community introduced by these measures may not exceed 25 25% ad valorem and shall maintain an element of preference for products originating in the Community. The total value of imports of the products which are subject to these measures may not exceed 15 15% of total imports of industrial products from the Community as defined in Chapter I, I during the last year for which statistics are available. These measures shall be applied for a period not exceeding five two years unless a longer duration is authorized by the Association CouncilJoint Committee. They shall cease to apply at the latest at the expiration three years after entry into force of the transitional periodthis Agreement. No such measures can be introduced in respect of a product if more than three years have elapsed since the elimination of all duties and quantitative restrictions or charges or measures having an equivalent effect concerning that product. Poland Estonia shall inform the Association Council Joint Committee of any exceptional measures it intends to take and, at the request of the Community, consultations shall be held in the Association Council Joint Committee on such measures and the sectors to which they apply before they are applied. When taking such measures Poland Estonia shall provide the Association Council Joint Committee with a schedule for the elimination of the customs duties introduced under this Article. This schedule shall provide for a phasing out of these duties starting at the latest two years after their introduction at equal annual rates. The Association Council Joint Committee may decide on a different schedule. Article 29. 22 If one of the Parties finds that dumping is taking place in trade with the other Party within the meaning of Article VI of the General Agreement on Tariffs and Trade, it may take appropriate measures against this practice in accordance with the Agreement relating to the application of Article VI of the General Agreement on Tariffs and Trade, with related internal legislation and with the conditions and procedures laid down in Article 3326. Article 30. 23 Where any product is being imported in such increased quantities and under such conditions as to cause or threaten to cause: - serious injury to domestic producers of like or directly competitive products in the territory of one of the Contracting Parties, or - serious disturbances in any sector of the economy or difficulties which could bring about serious deterioration in the economic situation of a region, the Community or PolandEstonia, whichever is concerned, may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 3326. Article 31. 24 Where compliance with the provisions of Articles 13 8 and 25 18 leads to: (i) re-export towards a third country against which the exporting Party maintains, for the product concerned, quantitative export restrictions, export duties or measures having equivalent effect, ; or (ii) a serious shortage, or threat thereof, of a product essential to the exporting Party, ; and where the situations referred to above give rise, or are likely to give rise, rise to major difficulties for the exporting Party, that Party may take appropriate measures under the conditions and in accordance with the procedures laid down in ArticleArticle 26. The measures shall be non-discriminatory and be eliminated when conditions no longer justify their maintenance. Article 25 The Member States of the European Union (hereinafter referred to as ' the Member States' ) and Estonia shall progressively adjust any State monopolies of a commercial character so as to ensure that, by the end of the fifth year following the entry into force of this Agreement, no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of the Member States and of Estonia. The Joint Committee will be informed about the measures adopted to implement this objective. 1. In the event of the Community or Estonia subjecting imports of products liable to give rise to the difficulties referred to in Article 23 to an administrative procedure having as its purpose the rapid provision of information on the trend of trade flows, it shall inform the other Party. 2. In the cases specified in Articles 22, 23 and 24, before taking the measures provided for therein or, in cases to which paragraph 3(d) applies, as soon as possible, the Community or Estonia, as the case may be, shall supply the Joint Committee with all relevant information with a view to seeking a solution acceptable to the two Parties. In the selection of measures, priority must be given to those which least disturb the functioning of this Agreement. The safeguard measures shall be notified immediately to the Joint Committee and shall be the subject of periodic consultations within that body, particularly with a view to establishing a timetable for their abolition as soon as circumstances permit. 3. For the implementation of paragraph 2, the following provisions shall apply: (a) as regards Article 23, the difficulties arising from the situation referred to in that Article shall be referred for examination to the Joint Committee, which may take any decision needed to put an end to such difficulties. If the Joint Committee or the exporting Party has not taken a decision putting an end to the difficulties or no other satisfactory solution has been reached within 30 days of the matter being referred, the importing Party may adopt the appropriate measures to remedy the problem. These measures must not exceed the scope of what is necessary to remedy the difficulties which have arisen; (b) as regards Article 22, the Joint Committee shall be informed of the dumping case as soon as the authorities of the importing Party have initiated an investigation. If no end has been put to the dumping or if no other satisfactory solution has been reached within 30 days of the matter being referred to the Joint Committee, the importing Party may adopt the appropriate measures; (c) as regards Article 24, the difficulties arising from the situations referred to in that Article shall be referred for examination to the Joint Committee. The Joint Committee may take any decision needed to put an end to the difficulties. If it has not taken such a decision within 30 days of the matter being referred to it, the exporting Party may apply appropriate measures on the exportation of the product concerned; (d) where exceptional circumstances requiring immediate action make prior information or examination, as the case may be, impossible, the Community or Estonia whichever is concerned may, in the situations specified in Articles 22, 23 and 24, apply forthwith the precautionary measures strictly necessary to deal with the situation. Article 27 Protocol 3 lays down rules of origin for the application of the tariff preferences provided for in this Agreement as well as the methods of administrative cooperation therewith. Article 28 This Agreement shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of national treasures of artistic, historic or archaeological value or the protection of intellectual, industrial and commercial property or rules relating to gold and silver. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the Parties. Article 29 Protocol 4 lays down the specific provisions to apply to trade between Estonia of the one part and Spain and Portugal of the other part, and it will be valid until 31 December 1995.

Appears in 1 contract

Sources: Free Trade Agreement

COMMON PROVISIONS. Article 241. No new quantitative restrictions on imports or any other restriction having equivalent effect shall be introduced in trade between the Community and Egypt. 2. Quantitative restrictions on imports and any other restric- tion having equivalent effect in trade between the Community and Egypt shall be abolished from the entry into force of this Agreement. 3. The provisions of this chapter Community and Egypt shall not apply to trade in all products except where otherwise provided herein exports between themselves either customs duties or in Protocols 1charges having equivalent effect, 2 and 3or quantitative restrictions or measures having equivalent effect. 1. The applicable rates for imports between the Parties shall be the WTO bound rate or lower applied rate enforced as of 1 January 1999. If, after 1 January 1999, a tariff reduction is applied on an erga omnes basis, the reduced rate shall apply. 2. No new customs duties on imports or exports exports, or charges having equivalent effect effect, shall be introduced, nor shall those already applied be increased, in the trade between the Community and Poland from Egypt, unless this Agreement provides otherwise. 3. The Parties shall communicate to each other their respec- tive applied rates on 1 January 1999. 1. Products originating in Egypt shall not, on importation into the date of entry into force of this AgreementCommunity, be accorded a treatment more favourable than that which the Member States apply among themselves. 2. No new quantitative restriction on imports or exports or measure having equivalent effect Application of the provisions of this Agreement shall be introduced nor shall those existing be made more restrictive in trade between the Community and Poland from the date of entry into force of this Agreement. 3. Without without prejudice to the concessions granted under Article 20, special provisions for the provisions of paragraphs 1 and 2 of this Article shall not restrict in any way the pursuance application of the respective agricultural policies of Poland and Community law to the Community or the taking of any measures under such policiesCanary Islands. 1. The two Parties shall refrain from any measures measure or practice of an internal fiscal nature establishing, whether directly or indirectlyindir- ectly, discrimination between the products of one Party and like products originating in the territory of the other Party. 2. Products exported to the territory of one of the two Parties may not benefit from repayment of indirect internal taxation in excess of the amount of direct or indirect taxation imposed on themthem either directly or indirectly. 1. This Agreement shall not preclude the maintenance or establishment of Customs customs unions, free trade areas or arrangements arrange- ments for frontier trade trade, except in so far as they alter the trade arrangements provided for in this Agreement. 2. Consultations Consultation between the Parties shall take place within the Association Council concerning agreements establishing such customs unions or free trade areas, areas and, where requested, on other major issues related to their respective trade policy with third countries. In particular particular, in the event of a third country acceding to the CommunityUnion, such consultations consultation shall take place so as to ensure that account can be taken of the mutual interests of the Community and Poland stated in this AgreementParties. Article 28. Exceptional measures of limited duration which derogate from the provisons of Articles 10 and 25 (1) may be taken by Poland in the form of increased customs duties. These measures may only concern infant industries, or certain sectors undergoing restructuring or facing serious difficulties, particularly where these difficulties produce important social problems. Customs duties on imports applicable in Poland to products originating in the Community introduced by these measures may not exceed 25 % ad valorem and shall maintain an element of preference for products originating in the Community. The total value of imports of the products which are subject to these measures may not exceed 15 % of total imports of industrial products from the Community as defined in Chapter I, during the last year for which statistics are available. These measures shall be applied for a period not exceeding five years unless a longer duration is authorized by the Association Council. They shall cease to apply at the latest at the expiration of the transitional period. No such measures can be introduced in respect of a product if more than three years have elapsed since the elimination of all duties and quantitative restrictions or charges or measures having an equivalent effect concerning that product. Poland shall inform the Association Council of any exceptional measures it intends to take and, at the request of the Community, consultations shall be held in the Association Council on such measures and the sectors to which they apply before they are applied. When taking such measures Poland shall provide the Association Council with a schedule for the elimination of the customs duties introduced under this Article. This schedule shall provide for a phasing out of these duties starting at the latest two years after their introduction at equal annual rates. The Association Council may decide on a different schedule. Article 29. 22 If one of the Parties finds that dumping is taking place in trade with the other Party within the meaning of the provisions of Article VI of the General Agreement on Tariffs and TradeGATT 1994, it may take appropriate measures against this practice in accordance with the WTO Agreement relating to on the application Implementation of Article VI of the General Agreement on Tariffs GATT 1994 and Trade, with related internal legislation and with the conditions and procedures laid down in Article 33legislation. Article 3023 Without prejudice to Article 34, the WTO Agreement on Subsidies and Countervailing Measures shall apply between the Parties. Where any product Until the necessary rules referred to in Article 34(2) are adopted, if either Party finds that subsidy is being imported taking place in such increased quantities trade with the other party within the meanings of Articles VI and under such conditions as to cause or threaten to cause: - serious injury to domestic producers of like or directly competitive products in the territory of one XVI of the Contracting PartiesGATT 1994, or - serious disturbances in any sector of the economy or difficulties which could bring about serious deterioration in the economic situation of a region, the Community or Poland, whichever is concerned, it may take invoke appropriate measures under the conditions and against this practice in accordance with the procedures laid down in Article 33WTO Agreement on Subsidies and Countervailing Measures and related internal legislation. 1. The provisions of the Article 31XIX GATT 1994 and the WTO Agreement on Safeguards shall apply between the Parties. 2. Before applying safeguard measures pursuant to the provisions of the Article XIX GATT 1994 and the WTO Agree- ment on Safeguards, the Party intending to apply such measures shall supply the Association Committee with all rele- vant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties. In order to find such a solution, the Parties shall immediately hold consultations within the Association Committee. If, as a result of the consultations, the Parties do not reach an agree- ment within 30 days of the initiation of the consultations on a solution to avoid the application of the safeguard measures, the Party intending to apply safeguard measures may apply the provisions of the Article XIX GATT 1994 and the WTO Agree- ment on Safeguards. 3. In the selection of safeguard measures pursuant to this Article, the Parties shall give priority to those which cause least disturbance to the achievement of the objectives of this Agree- ment. 4. Safeguard measures shall be notified immediately to the Association Committee and shall be the subject of periodic consultations within the Committee, particularly with a view to their abolition as soon as circumstances permit. 1. Where compliance with the provisions of Articles 13 and 25 Article 17(3) leads to: (i) re-export towards a third country against which the exporting Party maintains, for the product concerned, quantitative export restrictions, export duties duties, or measures having equivalent effect, or (ii) a serious shortage, or threat thereof, of a product essential to the exporting Party, ; and where the situations referred to above give rise, or are likely to give rise, to major difficulties for the exporting Party, that Party may take appropriate measures under the conditions and in accordance with measures, according to the procedures laid down in Articleparagraph 2. 2. The difficulties arising from the situations referred to in paragraph 1 shall be submitted for examination to the Associa- tion Committee. The Committee may take any decision needed to put an end to the difficulties. If it has not taken such a deci- sion within 30 days of the matter being referred to it, the exporting Party may apply appropriate measures on the expor- tation of the product concerned. The measures shall be non- discriminatory and be eliminated when conditions no longer justify their maintenance. Article 26 Nothing in this Agreement shall preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security, of the protection of health and life of humans, animals or plants, of the protection of national treasures possessing artistic, historic or archaeological value, of the protection of intellectual property or of regulations concerning gold and silver. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the Parties. favoured-nation treatment in trade in service sectors covered by these commitments.

Appears in 1 contract

Sources: Euro Mediterranean Agreement

COMMON PROVISIONS. Article 2425. The provisions of this chapter shall apply to trade in all products except where otherwise provided herein or in Protocols 1, 2 and 3. 1. No new customs duties on imports or exports or charges having equivalent effect shall be introduced, nor shall those already applied be increased, in the trade between the Community and Poland the Czech Republic from the date of entry into force of this Agreement. 2. No new quantitative restriction on imports or exports or measure having equivalent effect shall be introduced introduced, nor shall those existing be made more restrictive restrictive, in trade between the Community and Poland the Czech Republic from the date of entry into force of this Agreement. 3. Without prejudice to the concessions granted under Article 2021, the provisions of paragraphs 1 and 2 of this Article shall not restrict in any way the pursuance of the respective agricultural policies of Poland the Czech Republic and the Community or the taking of any measures under such policies. 1. The two Parties shall refrain from any measures measure or practice of an internal fiscal nature establishing, whether directly or indirectly, discrimination between the products of one Party and like products originating in the territory of the other Party. 2. Products exported to the territory of one of the two Parties may not benefit from repayment of internal taxation in excess of the amount of direct or indirect taxation imposed on them. 1. This Agreement shall not preclude the maintenance or establishment of Customs customs unions, free trade areas or arrangements for frontier trade except in so far as they alter the trade arrangements provided for in this Agreement. 2. Consultations between the Parties shall take place within the Association Council concerning agreements establishing such customs unions or free trade areas, areas and, where requested, on other major issues related to their respective trade policy with third countries. In particular in the event of a third country acceding to the Community, such consultations shall take place so as to ensure that account can be taken of the mutual interests of the Community and Poland the Czech Republic stated in this Agreement. Article 2829. Exceptional measures of limited duration which derogate from the provisons provisions of Articles 10 11 and 25 26 (1) may be taken by Poland the Czech Republic in the form of increased customs duties. These measures may only concern infant industries, or certain sectors undergoing restructuring or facing serious difficulties, particularly where these difficulties produce important social problems. Customs duties on imports applicable in Poland the Czech Republic to products originating in the Community introduced by these measures may not exceed 25 % ad valorem and shall maintain an element of preference for products originating in the Community. The total value of imports of the products which are subject to these measures may not exceed 15 % of total imports from the Community of industrial products from the Community as defined in Chapter I, during the last year for which statistics are available. These measures shall be applied for a period not exceeding five years years, unless a longer duration is authorized by the Association Council. They shall cease to apply at the latest at the expiration of the transitional period. No such measures can be introduced in respect of a product if more than three years have elapsed since the elimination of all duties and quantitative restrictions or charges or measures having an equivalent effect concerning that product. Poland The Czech Republic shall inform the Association Council of any exceptional measures it intends to take and, at the request of the Community, consultations shall be held in the Association Council on such measures and the sectors to which they apply before they are applied. When taking such measures Poland the Czech Republic shall provide the Association Council with a schedule for the elimination of the customs duties introduced under this Article. This schedule shall provide for a phasing out of these duties starting at the latest two years after their introduction at equal annual rates. The Association Council may decide on a different schedule. Article 2930. If one of the Parties finds that dumping is taking place in trade with the other Party within the meaning of Article VI of the General Agreement on Tariffs and Trade, it may take appropriate measures against this practice in accordance with the Agreement relating to the application of Article VI of the General Agreement on Tariffs and Trade, with related internal legislation and with the conditions and procedures laid down in Article 3334. Article 3031. Where any product is being imported in such increased quantities and under such conditions as to cause or threaten to cause: - serious injury to domestic producers of like or directly competitive products in the territory of one of the Contracting Parties, or - serious disturbances in any sector of the economy or difficulties which could bring about serious deterioration in the economic situation of a region, the . The Community or Polandthe Czech Republic, whichever is concerned, may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 3334. Article 3132. Where compliance with the provisions of Articles 13 14 and 25 26 leads to (i) re-export towards a third country against which the exporting Party maintains, for the product concerned, quantitative export restrictions, export duties or measures having equivalent effect, ; or (ii) a serious shortage, or threat thereof, of a product essential to the exporting Party, and where the situations referred to above abovementioned give rise, or are likely to give rise, to major difficulties for the exporting Party, that Party may take appropriate measures under the conditions and in accordance with the procedures laid down in ArticleArticle 34. The measures shall be non-discriminatory and be eliminated when conditions no longer justify their maintenance. Article 33. The Member States and the Czech Republic shall progressively adjust any State monopolies of a commercial character so as to ensure that, by the end of the fifth year following the entry into force of this Agreement, no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of the Member States and of the Czech Republic. The Association Council will be informed about the measures adopted to implement this objective. 1. In the event of the Community or the Czech Republic subjecting imports of products liable to give rise to the difficulties referred to in Article 31 to an administrative procedure having as its purpose the rapid provision of information on the trend of trade flows, it shall inform the other Party. 2. In the cases specified in Articles 30, 31 and 32, before taking the measures provided for therein or, in cases to which paragraph 3 (d) applies, as soon as possible, the Community or the Czech Republic, as the case may be, shall supply the Association Council with all relevant information, with a view to seeking a solution acceptable to the two Parties. In the selection of measures, priority must be given to those which least disturb the functioning of this Agreement. The safeguard measures shall be notified immediately to the Association Council and shall be the subject of periodic consultations within that body, particularly with a view to establishing a timetable for their abolition as soon as circumstances permit. 3. For the implementation of paragraph 2, the following provisions shall apply: (a) as regards Article 31, the difficulties arising from the situation referred to in that Article shall be referred for examination to the Association Council, which may take any decision needed to put an end to such difficulties. If the Association Council or the exporting Party has not taken a decision putting an end to the difficulties or no other satisfactory solution has been reached within 30 days of the matter being referred, the importing Party may adopt the appropriate measures to remedy the problem. These measures must not exceed the scope of what is necessary to remedy the difficulties which have arisen; (b) as regards Article 30, the Association Council shall be informed of the dumping case as soon as the authorities of the importing Party have initiated an investigation. When no end has been put to the dumping within the meaning of Article VI of the GATT or no other satisfactory solution has been reached within 30 days of the matter being referred to the Association Council, the importing Party may adopt the appropriate measures; (c) as regards Article 32, the difficulties arising from the situations referred to in that Article shall be referred for examination to the Association Council. The Association Council may take any decision needed to put an end to the difficulties. If it has not taken such a decision within 30 days of the matter being referred to it, the exporting Party may apply appropriate measures on the exportation of the product concerned; (d) where exceptional circumstances requiring immediate action make prior information or examination, as the case may be, impossible, the Community or the Czech Republic whichever is concerned may, in the situations specified in Articles 30, 31 and 32, apply forthwith the precautionary and provisional measures strictly necessary to deal with the situation, and the Association Council will be informed immediately. Article 35. Protocol 4 lays down rules of origin for the application of tariff preferences provided for in this Agreement. Article 36. The Agreement shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of exhaustible natural resources; the protection of national treasures of artistic, historic or archaeological value or the protection of intellectual, industrial and commercial property or rules relating to gold and silver. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the Parties. Article 37. Protocol 5 lays down the specific provisions to apply to trade between the Czech Republic, of the one part, and Spain and Portugal, of the other part. 1. Subject to the conditions and modalities applicable in each Member State: - treatment accorded to workers of Czech Republic nationality, legally employed in the territory of a Member State shall be free from any discrimination based on nationality, as regards working conditions, remuneration or dismissal, as compared to its own nationals, - the legally resident spouse and children of a worker legally employed in the territory of a Member State, with the exception of seasonal workers and of workers coming under bilateral agreements within the meaning of Article 42, unless otherwise provided by such agreements, shall have access to the labour market of that Member State, during the period of that worker's authorized stay of employment. 2. The Czech Republic shall, subject to the conditions and modalities applicable in that country, accord the treatment referred to in paragraph 1 to workers who are nationals of a Member State and are legally employed in its territory as well as to their spouse and children who are legally resident in the said territory. 1. With a view to coordinating social security systems for workers of Czech Republic nationality, legally employed in the territory of a Member State and for the members of their family, legally resident there, and subject to the conditions and modalities applicable in each Member State: - all periods of insurance, employment or residence completed by such workers in the various Member States shall be added together for the purpose of pensions and annuities in respect of old age, invalidity and death and for the purpose of medical care for such workers and such family members, - any pensions or annuities in respect of old age, death, industrial accident or occupational disease, or of invalidity resulting therefrom, with the exception of non-contributory benefits, shall be freely transferable at the rate applied by virtue of the law of the debtor Member State or States, - the workers in question shall receive family allowances for the members of their family as defined above. 2. The Czech Republic shall accord to workers who are nationals of a Member State and legally employed in its territory, and to members of their families legally resident there, treatment similar to that specified in the second and third indents of paragraph 1. 1. The Association Council shall by decision adopt the appropriate provisions to implement the objective set out in Article 39. 2. The Association Council shall by decision adopt detailed rules for administrative cooperation providing the necessary management and control guarantees for the application of the provisions referred to in paragraph 1.

Appears in 1 contract

Sources: Association Agreement

COMMON PROVISIONS. Article 24. 24 The provisions of this chapter Title shall apply to trade between the Parties in all products except where otherwise provided herein or in Protocols 1, 2 1 and 32. 1. No In trade between the Community and Lithuania from 1 January 1995: — no new customs duties on imports or exports or charges having equivalent effect shall be introduced, nor shall those already applied be increased, in the trade between the Community and Poland from the date of entry into force of this Agreement. 2. No — no new quantitative restriction restrictions on imports or exports or measure measures having equivalent effect shall be introduced nor shall those existing be made more restrictive in trade between the Community and Poland from the date of entry into force of this Agreementrestrictive. 32. Without prejudice to the concessions granted under pursuant to Article 20, the provisions of paragraphs paragraph 1 and 2 of this Article shall not restrict in any way the pursuance of the respective agricultural policies of Poland Lithuania and the Community or the taking of any measures under such policies. 1. The two Parties shall refrain from any measures measure or practice of an internal fiscal nature establishing, whether directly or indirectly, discrimination between the products of one Party and like products originating in the territory of the other Party. 2. Products exported to the territory of one of the two Parties may not benefit from repayment of internal indirect taxation in excess of the amount of direct or indirect taxation imposed on them. 1. This Agreement shall not preclude the maintenance or establishment of Customs customs unions, free trade areas or arrangements for frontier trade except in so far as they alter the trade arrangements provided for in this Agreement. 2. Consultations between the Parties shall take place within the Association Council concerning agreements establishing such customs unions or free trade areas, areas and, where requested, on other major issues related to their respective trade policy policies with third countries. In particular in the event of a third country acceding to the Community, such consultations shall take place so as to ensure that account can be taken of the mutual interests of the Community and Poland Lithuania stated in this Agreement. Article 28. 28 Exceptional measures of limited duration which derogate from the provisons provisions of Articles 10 Article 11 and 25 (1) Article 25(1), first indent, may be taken by Poland Lithuania in the form of increased customs duties. These measures may only concern infant industries, or certain sectors undergoing restructuring or facing serious difficulties, particularly where these difficulties produce important social problems. Customs duties on imports applicable in Poland Lithuania to products originating in the Community introduced by these measures may not exceed 25 % ad valorem and shall maintain an element of preference for products originating in the Community. The total value of imports of the products which are subject to these measures may not exceed 15 % of total imports of industrial products from the Community as defined in Chapter I, I during the last year for which statistics are available. These measures shall be applied for a period not exceeding five three years unless a longer duration is authorized authorised by the Association Council. They shall cease to apply at the latest at the expiration of the transitional periodby 31 December 2000. No such measures can be introduced in respect of a product if more than three years have elapsed since the elimination of all duties and quantitative restrictions or charges or measures having an equivalent effect concerning that product. Poland Lithuania shall inform the Association Council of any exceptional measures it intends to take and, at the request of the Community, consultations shall be held in the Association Council on such measures and the sectors to which they apply before they are applied. When taking such measures Poland Lithuania shall provide the Association Council with a schedule for the elimination of the customs duties introduced under this Article. This schedule shall provide for a phasing out of these duties starting at the latest two years after their introduction at equal annual rates. The Association Council may decide on a different schedule. Article 29. 29 If one of the Parties finds that dumping is taking place in trade with the other Party within the meaning of Article VI of the General Agreement on Tariffs and TradeGATT, it may take appropriate measures against this practice in accordance with the Agreement relating to the application of Article VI of the General Agreement on Tariffs and TradeGATT, with related internal legislation and with the conditions and procedures laid down in Article 33. Article 30. 30 Where any product is being imported in such increased quantities and under such conditions as to cause or threaten to cause: - serious injury to domestic producers of like or directly competitive products in the territory of one of the Contracting Parties, or - serious disturbances in any sector of the economy or difficulties which could bring about serious deterioration in the economic situation of a region, the Community or PolandLithuania, whichever is concerned, may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 33. Article 31. 31 Where compliance with the provisions of Articles 13 14 and 25 leads to: (i) re-export towards a third country against which the exporting Party maintains, for the product concerned, quantitative export restrictions, export duties or measures having equivalent effect, or (ii) a serious shortage, or threat thereof, of a product essential to the exporting Party, and where the situations referred to above give rise, or are likely to give rise, to major difficulties for the exporting Party, that Party may take appropriate measures under the conditions and in accordance with the procedures laid down in ArticleArticle 33. The measures shall be non-discriminatory and be eliminated when conditions no longer justify their maintenance. Article 32 The Member States of the European Union (hereinafter referred to as ‘the Member States’) and Lithuania shall progressively adjust any State monopolies of a commercial character so as to ensure that, by the end of 1999, no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of the Member States and of Lithuania. The Association Council will be informed about the measures adopted to implement this objective. 1. In the event of the Community or Lithuania subjecting imports of products liable to give rise to the difficulties referred to in Article 30 to an administrative procedure having as its purpose the rapid provision of information on the trend of trade flows, it shall inform the other Party. 2. In the cases specified in Articles 29, 30 and 31, before taking the measures provided for therein or, in cases in which paragraph 3(d) applies, as soon as possible, the Community or Lithuania, as the case may be, shall supply the Association Council with all relevant information with a view to seeking a solution acceptable to the two Parties. In the selection of measures, priority must be given to those which least disturb the functioning of this Agreement. The safeguard measures shall be notified immediately to the Association Council and shall be the subject of periodic consultations within that body, particularly with a view to establishing a timetable for their abolition as soon as circumstances permit. 3. For the implementation of paragraph 2, the following provisions shall apply: (a) as regards Article 30, the difficulties arising from the situation referred to in that Article shall be referred for examination to the Association Council, which may take any decision needed to put an end to such difficulties. If the Association Council or the exporting Party has not taken a decision putting an end to the difficulties or no other satisfactory solution has been reached within 30 days of the matter being referred, the importing Party may adopt the appropriate measures to remedy the problem. These measures must not exceed the scope of what is necessary to remedy the difficulties which have arisen; (b) as regards Article 29, the Association Council shall be informed of the dumping case as soon as the authorities of the importing Party have initiated an investigation. If no end has been put to the dumping or if no other satisfactory solution has been reached within 30 days of the matter being referred to the Association Council, the importing Party may adopt the appropriate measures; (c) as regards Article 31, the difficulties arising from the situations referred to in that Article shall be referred for examination to the Association Council. The Association Council may take any decision needed to put an end to the difficulties. If it has not taken such a decision within 30 days of the matter being referred to it, the exporting Party may apply appropriate measures on the exportation of the product concerned; (d) where exceptional circumstances requiring immediate action make prior information or examination, as the case may be, impossible, the Community or Lithuania whichever is concerned may, in the situations specified in Articles 29, 30 and 31, apply forthwith the precautionary measures strictly necessary to deal with the situation. Article 34 Protocol 3 lays down rules of origin for the application of the tariff preferences provided for in this Agreement as well as the methods of administrative cooperation therewith. Article 35 This Agreement shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of national treasures of artistic, historic or archaeological value or the protection of intellectual, industrial and commercial property or rules relating to gold and silver. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the Parties. Article 36 Protocol 4 lays down the specific provisions to apply to trade between Lithuania of the one part and Spain and Portugal of the other part, and it will be valid until 31 December 1995. 1. Subject to the conditions and modalities applicable in each Member State: — the treatment accorded to workers of Lithuanian nationality legally employed in the territory of a Member State shall be free from any discrimination based on nationality, as regards working conditions, remuneration or dismissal, as compared with its own nationals, — the legally resident spouse and children of a worker legally employed in the territory of a Member State, with the exception of seasonal workers and of workers coming under bilateral agreements in the sense of Article 41, unless otherwise provided by such agreements, shall have access to the labour market of that Member State, during the period of that worker’s authorised stay of employment. 2. Lithuania shall, subject to the conditions and modalities applicable in that country, accord the treatment referred to in paragraph 1 to workers who are nationals of a Member State and are legally employed in its territory as well as their spouse and children who are legally resident in the said territory. 1. With a view to coordinating social security systems for workers of Lithuanian nationality, legally employed in the territory of a Member State and for the members of their family legally resident there, and subject to the conditions and modalities applicable in each Member State, — all periods of insurance, employment or residence completed by such workers in the various Member States shall be added together for the purpose of pensions and annuities in respect of old age, invalidity and death and for the purpose of medical care for such workers and such family members, — any pensions or annuities in respect of old age, death, industrial accident or occupational disease, or of invalidity resulting therefrom, with the exception of non-contributory benefits, shall be freely transferable at the rate applied by virtue of the law of the debtor Member State or States, — the workers in question shall receive family allowances for the members of their family as defined above. 2. Lithuania shall accord to workers who are nationals of a Member State and legally employed in its territory, and to members of their families legally resident there, treatment similar to that specified in the second and third indents of paragraph 1. 1. The Association Council shall by decision adopt the appropriate provisions to implement the objective set out in Article 38. 2. The Association Council shall by decision adopt detailed rules for administrative cooperation providing the necessary management and control guarantees for the application of the provisions referred to in paragraph 1.

Appears in 1 contract

Sources: Association Agreement

COMMON PROVISIONS. Article 24. 24 The provisions of this chapter Title shall apply to trade between the Parties in all products except where otherwise provided herein or in Protocols 1, 2 1 and 32. 1. No In trade between the Community and Lithuania from 1 January 1995: — no new customs duties on imports or exports or charges having equivalent effect shall be introduced, nor shall those already applied be increased, in the trade between the Community and Poland from the date of entry into force of this Agreement., 2. No new quantitative restriction on imports or exports or measure having equivalent effect shall be introduced nor shall those existing be made more restrictive in trade between the Community and Poland from the date of entry into force of this Agreement. 3. Without prejudice to the concessions granted under pursuant to Article 20, the provisions of paragraphs paragraph 1 and 2 of this Article shall not restrict in any way the pursuance of the respective agricultural policies of Poland Lithuania and the Community or the taking of any measures under such policies. 1. The two Parties shall refrain from any measures measure or practice of an internal fiscal nature establishing, whether directly or indirectly, discrimination between the products of one Party and like products originating in the territory of the other Party. 2. Products exported to the territory of one of the two Parties may not benefit from repayment of internal indirect taxation in excess of the amount of direct or indirect taxation imposed on them. 1. This Agreement shall not preclude the maintenance or establishment of Customs customs unions, free trade areas or arrangements for frontier trade except in so far as they alter the trade arrangements provided for in this Agreement. 2. Consultations between the Parties shall take place within the Association Council concerning agreements establishing such customs unions or free trade areas, areas and, where requested, on other major issues related to their respective trade policy policies with third countries. In particular in the event of a third country acceding to the Community, such consultations shall take place so as to ensure that account can be taken of the mutual interests of the Community and Poland Lithuania stated in this Agreement. Article 28. 28 Exceptional measures of limited duration which derogate from the provisons provisions of Articles 10 Article 11 and 25 (1) Article 25(1), first indent, may be taken by Poland Lithuania in the form of increased customs duties. These measures may only concern infant industries, or certain sectors undergoing restructuring or facing serious difficulties, particularly where these difficulties produce important social problems. Customs duties on imports applicable in Poland Lithuania to products originating in the Community introduced by these measures may not exceed 25 25% ad valorem and shall maintain an element of preference for products originating in the Community. The total value of imports of the products which are subject to these measures may not exceed 15 15% of total imports of industrial products from the Community as defined in Chapter I, I during the last year for which statistics are available. These measures shall be applied for a period not exceeding five three years unless a longer duration is authorized authorised by the Association Council. They shall cease to apply at the latest at the expiration of the transitional periodby 31 December 2000. No such measures can be introduced in respect of a product if more than three years have elapsed since the elimination of all duties and quantitative restrictions or charges or measures having an equivalent effect concerning that product. Poland Lithuania shall inform the Association Council of any exceptional measures it intends to take and, at the request of the Community, consultations shall be held in the Association Council on such measures and the sectors to which they apply before they are applied. When taking such measures Poland Lithuania shall provide the Association Council with a schedule for the elimination of the customs duties introduced under this Article. This schedule shall provide for a phasing out of these duties starting at the latest two years after their introduction at equal annual rates. The Association Council may decide on a different schedule. Article 29. 29 If one of the Parties finds that dumping is taking place in trade with the other Party within the meaning of Article VI of the General Agreement on Tariffs and TradeGATT, it may take appropriate measures against this practice in accordance with the Agreement relating to the application of Article VI of the General Agreement on Tariffs and TradeGATT, with related internal legislation and with the conditions and procedures laid down in Article 33. Article 30. 30 Where any product is being imported in such increased quantities and under such conditions as to cause or threaten to cause: - serious injury to domestic producers of like or directly competitive products in the territory of one of the Contracting Parties, or - serious disturbances in any sector of the economy or difficulties which could bring about serious deterioration in the economic situation of a region, the Community or PolandLithuania, whichever is concerned, may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 33. Article 31. 31 Where compliance with the provisions of Articles 13 14 and 25 leads to: (i) re-export towards a third country against which the exporting Party maintains, for the product concerned, quantitative export restrictions, export duties or measures having equivalent effect, or (ii) a serious shortage, or threat thereof, of a product essential to the exporting Party, and where the situations referred to above give rise, or are likely to give rise, to major difficulties for the exporting Party, that Party may take appropriate measures under the conditions and in accordance with the procedures laid down in ArticleArticle 33. The measures shall be non-discriminatory and be eliminated when conditions no longer justify their maintenance. Article 32 The Member States of the European Union (hereinafter referred to as ‘the Member States’) and Lithuania shall progressively adjust any State monopolies of a commercial character so as to ensure that, by the end of 1999, no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of the Member States and of Lithuania. The Association Council will be informed about the measures adopted to implement this objective. 1. In the event of the Community or Lithuania subjecting imports of products liable to give rise to the difficulties referred to in Article 30 to an administrative procedure having as its purpose the rapid provision of information on the trend of trade flows, it shall inform the other Party. 2. In the cases specified in Articles 29, 30 and 31, before taking the measures provided for therein or, in cases in which paragraph 3(d) applies, as soon as possible, the Community or Lithuania, as the case may be, shall supply the Association Council with all relevant information with a view to seeking a solution acceptable to the two Parties. In the selection of measures, priority must be given to those which least disturb the functioning of this Agreement. The safeguard measures shall be notified immediately to the Association Council and shall be the subject of periodic consultations within that body, particularly with a view to establishing a timetable for their abolition as soon as circumstances permit. 3. For the implementation of paragraph 2, the following provisions shall apply: (a) as regards Article 30, the difficulties arising from the situation referred to in that Article shall be referred for examination to the Association Council, which may take any decision needed to put an end to such difficulties. If the Association Council or the exporting Party has not taken a decision putting an end to the difficulties or no other satisfactory solution has been reached within 30 days of the matter being referred, the importing Party may adopt the appropriate measures to remedy the problem. These measures must not exceed the scope of what is necessary to remedy the difficulties which have arisen; (b) as regards Article 29, the Association Council shall be informed of the dumping case as soon as the authorities of the importing Party have initiated an investigation. If no end has been put to the dumping or if no other satisfactory solution has been reached within 30 days of the matter being referred to the Association Council, the importing Party may adopt the appropriate measures; (c) as regards Article 31, the difficulties arising from the situations referred to in that Article shall be referred for examination to the Association Council. The Association Council may take any decision needed to put an end to the difficulties. If it has not taken such a decision within 30 days of the matter being referred to it, the exporting Party may apply appropriate measures on the exportation of the product concerned; (d) where exceptional circumstances requiring immediate action make prior information or examination, as the case may be, impossible, the Community or Lithuania whichever is concerned may, in the situations specified in Articles 29, 30 and 31, apply forthwith the precautionary measures strictly necessary to deal with the situation. Article 34 Protocol 3 lays down rules of origin for the application of the tariff preferences provided for in this Agreement as well as the methods of administrative cooperation therewith. Article 35 This Agreement shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of national treasures of artistic, historic or archaeological value or the protection of intellectual, industrial and commercial property or rules relating to gold and silver. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the Parties. Article 36 Protocol 4 lays down the specific provisions to apply to trade between Lithuania of the one part and Spain and Portugal of the other part, and it will be valid until 31 December 1995. 1. Subject to the conditions and modalities applicable in each Member State: — the treatment accorded to workers of Lithuanian nationality legally employed in the territory of a Member State shall be free from any discrimination based on nationality, as regards working conditions, remuneration or dismissal, as compared with its own nationals, — the legally resident spouse and children of a worker legally employed in the territory of a Member State, with the exception of seasonal workers and of workers coming under bilateral agreements in the sense of Article 41, unless otherwise provided by such agreements, shall have access to the labour market of that Member State, during the period of that worker’s authorised stay of employment. 2. Lithuania shall, subject to the conditions and modalities applicable in that country, accord the treatment referred to in paragraph 1 to workers who are nationals of a Member State and are legally employed in its territory as well as their spouse and children who are legally resident in the said territory. 1. With a view to coordinating social security systems for workers of Lithuanian nationality, legally employed in the territory of a Member State and for the members of their family legally resident there, and subject to the conditions and modalities applicable in each Member State, — all periods of insurance, employment or residence completed by such workers in the various Member States shall be added together for the purpose of pensions and annuities in respect of old age, invalidity and death and for the purpose of medical care for such workers and such family members, — any pensions or annuities in respect of old age, death, industrial accident or occupational disease, or of invalidity resulting therefrom, with the exception of non- contributory benefits, shall be freely transferable at the rate applied by virtue of the law of the debtor Member State or States, — the workers in question shall receive family allowances for the members of their family as defined above. 2. Lithuania shall accord to workers who are nationals of a Member State and legally employed in its territory, and to members of their families legally resident there, treatment similar to that specified in the second and third indents of paragraph 1. 1. The Association Council shall by decision adopt the appropriate provisions to implement the objective set out in Article 38. 2. The Association Council shall by decision adopt detailed rules for administrative cooperation providing the necessary management and control guarantees for the application of the provisions referred to in paragraph 1.

Appears in 1 contract

Sources: Europe Agreement Establishing an Association