Factores que afectan al comportamiento en pastoreo

Article 6 of the Safeguards Agreement provides that in critical circumstances where delay would cause damage which would be difficult to repair, a Member may take a provisional safeguard measure pursuant to a preliminary determination that there is clear evidence that increased imports have caused or threaten to cause serious injury. Provisional measures should not exceed 200 days and should take the form of tariff increases to be promptly refunded if the subsequent investigation does not determine that increased imports have caused or threatened to cause serious injury to a domestic industry. The prescribed duration and type of the measure and provision for refund are not found in GATT Article XIX.

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Almost all of the EU’s RTAs make provision for the application of provisional safeguard measures (exceptions are OCTs and Turkey).92 _{In most EU RTAs, the duration of the provisional} measure is not stated. In the EPAs (with Cameroon, CARIFORUM, Côte d’Ivoire, ESA and Papua New Guinea and Fiji), the measure should not exceed 180 days for the EU and 200 days for the ACP partner and the EU’s outermost regions. In EU-Korea, Rep. of, the provisional measure may not exceed 200 days. In EU-Chile a provisional safeguard measure may be applied to agricultural goods (only) for a maximum of 120 days. Explicit provision for the payment of a refund if the investigation does not determine that increased imports have caused or threaten to cause serious injury is found only in EU-Korea, Rep. of.

All of EFTA’s RTAs (except EFTA-Canada) provide for the application of provisional safeguard measures.93 _{In EFTA’s earlier RTAs the permitted length of the provisional measure is not} specified. The first to do is EFTA-Chile in 2004 which allows a maximum of 120 days. The permitted length of provisional measures in subsequent RTAs varies: 180 days for Colombia and Peru; 200 days for the Republic of Korea; Albania; Serbia; Hong Kong, China; Montenegro and Ukraine; and six months for SACU. The earliest RTA that provides for payment of a refund if injury is not found is EFTA-Korea, Rep. of (2006); subsequently, such provisions are found in some of EFTA’s RTAs - with Albania; Serbia; Colombia; Peru; Hong Kong, China; Montenegro and Ukraine.

In Turkey’s RTAs, provisional safeguard measures are only found in its RTAs with Bosnia and Herzegovina, Croatia, FYROM, Israel, Palestinian Authority, Syrian Arab Republic and Tunisia. The length of the measure is not specified, nor is there explicit provision for the payment of a refund if the investigation does not determine serious injury.

In RTAs involving CIS countries, provisional safeguard measures are found only in the Economic Cooperation Organization (ECO), Eurasian Economic Community (EAEC), the Russian Federation’s RTAs with Belarus and Serbia, and Ukraine-FYROM. Neither the length of the measure nor provision for the payment of a refund is provided for in these RTAs.

ASEAN’s RTAs with Australia and New Zealand and Japan allow for provisional safeguard measures of maximum 200 days duration with a refund to be provided if the investigation does not determine serious injury. Its RTAs with China, the Republic of Korea and India incorporate the provisions of the Safeguards Agreement with regard to provisional measures.

None of Canada’s RTAs contain provisions allowing for provisional measures. For the United States, only its RTAs with Australia, Jordon, Morocco and Singapore allow for provisional safeguard measures of maximum 200 days duration with a refund to be provided if the investigation does not determine serious injury.

India’s RTAs with Afghanistan, Bhutan, Chile, Nepal, Singapore and Sri Lanka do not provide for provisional measures, while those with Japan, Malaysia, Korea, Rep. of and MERCOSUR (all concluded in or after 2009) allow for provisional safeguard measures of maximum 200 days duration with a refund to be provided if the investigation does not determine serious injury.

China’s RTAs with Hong Kong, China; Macao, China and Pakistan do not provide for provisional measures, while those with Chile, Costa Rica and New Zealand allow for provisional safeguard measures of maximum 200 days duration with a refund to be provided if the investigation does not determine serious injury. In China-Peru the duration of the provisional safeguard measure is limited to 180 days.

Some of Chile’s RTAs contain provisions allowing for provisional measures.94 _{In its RTA with} Central American countries, provisional measures are allowed, but neither the length of the measure, nor provision for an eventual refund is specified. In its RTAs with EFTA, the EU and Korea, provisional measures of up to 120 days are permitted, but no provision for a refund is

92 _{Those with Algeria, Egypt and the Lebanese Republic do so by reference to the Agreement on}

Safeguards.

93 _{EFTA-Lebanese Republic and EFTA-Egypt do so by reference to the Agreement on Safeguards.} 94 _{Those with Mexico, Panama, the United States, India, Canada, and Turkey do not provide for}

provisional measures, while those with Australia and the Transpacific Partnership do not provide for bilateral safeguard measures at all.

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made.95 _{With Peru, China and Japan, provision is made for a refund if the investigation does not} find serious injury and the length of the measure may not exceed 200 days (180 days in Chile- Peru).

Panama’s RTAs with Chile, Singapore and the United States do not provide for provisional measures, while those with Central American countries and Chinese Taipei allow for measures not to exceed 120 days with no provision for an eventual refund. In Panama-Chile, provisional measures may not exceed 200 days and a refund is to be made if a subsequent investigation does not find evidence of serious injury.

Again, we see considerable variety in the design of provisional safeguard measures. For a number of RTAs the permitted maximum length of the provisional measure is less than the 200 days specified in the Agreement on Safeguards, thus tightening the provisions that may be applied, while for others the permitted maximum length is not specified thus potentially providing more flexibility. Only the more recent RTAs tend to provide for a refund to be made if an investigation does not find serious injury.

4.10 Compensation and Retaliation