Customs

TDCA Article 16 Safeguard Guidelines

On 12 April we drew attention to a Government Gazette notice of 03 April 2013 in which the International Trade Administration Commission of South Africa (Itac) called for comment 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 (TDCA) between the European Community (EC) and its member states and the Republic of South Africa. Comment was due by 15 April 2013. In a Government Gazette notice of 19 July 2013 the guidelines and conditions pertaining to an agricultural safeguard application in terms of Article 16 of the TDCA between the EU and its member states and the Republic of South Africa were published. 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”. Attached as Annexure A the question titled “Application for Safeguard Measures in terms of Article 16 of the TDCA on [product], applicant (name and address)”.

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