The International Trade Administration Commission of South Africa (Itac) invited comment, by means of a Government Gazette notice of 03 April 2013, on its draft guidelines and conditions pertaining to a safeguard application in terms of Article 16 of the agreement on trade, development and co-operation between the European Community and its member states and the Republic of South Africa. Comments due by 20 April 2013. According to Itac, emanating from the Trade, Development and Co-operation Agreement (TDCA) between the European Community (now the European Union) and South Africa, Article 16 provides for safeguard action in defined circumstance. The TDCA entered into force on 01 January 2013. Article 16 reads: “Notwithstanding other provisions of this Agreement and in particular Article 24, if, given the particular sensitivity of the agricultural markets, imports of products originating in one Party cause or threaten to cause a serious disturbance to the markets in the other Party, the Cooperation Council shall immediately consider the matter to find an appropriate solution. Pending a decision by the Cooperation Council, and where exceptional circumstances require immediate action, the affected Party may take provisional measures to limit or redress the disturbance. In taking such provisional measures, the affected Party shall take into account the interest of both Parties”.
