In the context of world trade, they should only be used in very specific circumstances, with balance and on a universal basis. For example, a Member that restricts imports for protection purposes should restrict imports from all other countries. However, exceptions to the non-discrimination rule are provided for in the Agreement on Safeguard Measures itself, as well as in certain ad hoc agreements. Finally, it should be noted that the People`s Republic of China has agreed that discriminatory safeguard measures may be imposed on its exports to other WTO Members until 2013. 2. A developing country Member shall have the right to extend the period of validity of a safeguard measure for a maximum period of two years beyond the maximum period provided for in Article 7(3). Notwithstanding Article 7(5), a developing country Member has the right to reapply a safeguard measure after the entry into force of the WTO Agreement at the end of a period of half of the period during which such a measure was previously applied, provided that the period of non-application is at least two years. The Committee`s general task is to monitor the implementation and implementation of the Agreement (and report thereon to the Council for Trade in Goods), to review notifications from Member States and to determine whether Members are complying with the Convention`s procedural rules for the application of safeguard measures, to support consultations and to consider proposed retaliatory measures. The importing country shall first publicly inform all interested parties of the proposed safeguard measure and give them an opportunity to comment. A country`s notification process generally requires the publication of the proposed measure in its Official Gazette (the equivalent of the Federal Register). Businesses that may be affected by the proposed protection measure can also be contacted directly. Recognizing further that this requires a comprehensive agreement applicable to all Members and based on the fundamental principles of GATT 1994 (4) In order to facilitate adaptation in a situation where the expected duration of a safeguard measure notified in accordance with Article 12(1) is longer than one year, the Member shall liberalize: who applies the measure, liberalises it progressively at regular intervals during the period of application. If the duration of the measure exceeds three years, the Member applying such a measure shall examine the situation no later than mid-term of the measure and, if necessary, withdraw it or accelerate the pace of liberalization.
A measure extended in accordance with paragraph 2 shall not be more restrictive than at the end of the initial period and should be further liberalised. The five nuclear-weapon States of the NPT (China, France, Russia, the United Kingdom and the United States) do not have to conclude IAEA safeguards agreements under the NPT. However, all five have signed voluntary bid assurance agreements that allow the IAEA to apply safeguards to material held in certain eligible entities. This includes civilian nuclear materials and sites. The five nuclear-weapon States have also concluded additional protocols to the voluntary supply assurance agreements. The IAEA takes note of four main processes for the implementation of safeguards measures. The Comprehensive Safeguards Agreement (GFSA) is required for non-nuclear-weapon States under the NPT and is an option for non-NPT members. When entering into a CSA with the IAEA, States must declare the type and quantity of material to be protected in an initial report. The IAEA verifies that a State`s declaration on nuclear material is correct and complete. A CSA also gives the IAEA the power to independently verify that all nuclear material in the territory or jurisdiction of a State is not diverted for nuclear weapons or explosives and that nuclear facilities are not misused. The aim is to give the industry a temporary respite to make the necessary adjustments – protective measures are always associated with a restructuring obligation.
The term “state-level concept” was first used in an IAEA document in 2005, although the IAEA has followed this practice since the early 1990s. The State-level concept will be used for all States with a comprehensive safeguards agreement, an existing additional protocol and a broader final outcome. In a 2013 report, the IAEA Director General expressed his intention to continue to develop State-level approaches to the implementation of protection measures for other States. In critical circumstances, defined as circumstances where a delay would cause damage that would be difficult to repair, interim measures may be imposed. These measures may only take the form of tariff increases and may be maintained for a maximum period of 200 days. In addition, the period of validity of a provisional measure must be included in the overall duration of the application of a safeguard measure. .
