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(6) If, baving regard to the provisions of paragraph 210) of this Article, it is established in the course of such examination that such measure is unlikely to be more restrictive of international trade than any other practicable and reasonable measure permitted under this Agreement which could be imposed without undue difficulty and that it is the one most suitable for the purpose having regard to the economios of the industry or the branch of agriculture concerned and to the current economic condition of the applicant contracting party, the CONTRACTING PARTIES shall concur in such measure and grant such release as may be required to enable such measure to be made effective.
(o) if in anticipation of the concurrence of the CONTRACTING PARTIES in the adoption of a measure concerning which notice has been given under paragraph 2 of this Article, other than a measure referred to in paragraph 3(a) of this Article, there should be an increase or threatened increase in the importations of the product or products concerned, including products which can be directly substituted therefor, 80 substantial as to jeopardize the plans of the applicant contraoting party for the establishment, development or reconstruction of the industry or industries or branches of agrioulture concerned, and if no preventive measures consistant with this Agreement can be found which seem 11kely to prove effeotive, the applioant contracting party may, after informing, and when practicable consulting with, the CONTRACTING PARTIES, adopt such other measures as the
situation may require pending a determination by the
CONTRACTING PART IES , provided that such measures do not reduce imports below the level obtaining in the most
recent representative period preceding the date on which the
contracting party's original notification was made under
paragraph 2 of this article.
5. (a) In the case of measures referred to in paragraph 3 of this article, the CONTRACTING PARTIES shall, at the earliest
opportunity but ordinarily within fifteen days after receipt
of the statement referred to in paragraph 21a) of this article, advise the applicant contracting party of the date by which they will notify it whether or not they concur in principle le the proposed measure, with or without modification.
(b) In the case of measures referred to in paragraph 4 of this Article, the CONTRACTING PARTIES shall, as in subparagraph (a) of this paragraph, advise the applioant contracting party of the date by which they will notify it whether or not it is released from such obligation or obligations as may be
relevant; Provided that, if the applicant contracting party
does not receive a final reply by the date fixed by the CONTRACTING PARTIES, it may, after communicating with the CONTRACTING PARTIES, institute the proposed measure expiration of a further thirty days from such date. 6. Any contracting party may maintain any non-discriminatory measure, in force on September 1, 1947, which has been imposed for the establishment, development or reconstruction
of particular industries or particular branches of agrioulture and which is not otherwise permitted by this Agreement; Provided that any such contracting party shall have notified the other contracting parties, not later than otober 10, 1947, of each product on which any such existing measure 18 to be maintained and of the nature and purpose of such moasure. Any contracting party maintaining any such measure shall, my tikla sixty days of becoming a contraotias party, notify the CONTRAOTING PARTIES of the measure concerned, the considerations in support of its maintenance and the period for whiob 1t wishes to maintain the measure. The CONTRACTING PARTIES shall, as soon as possible but in any case
within twelve months from the day on which such contracting party becomes a contraoting party, examine and give a deoision concerning the measure as if it had been submitted to the CONTRACTING PARTIES for their oonourrence under the provisions of the preceding paragraphs of this Artiole. The CONTRACTING PARTIES, in making a dooision under this paragrapb speoifying a date by which any modifioation in or withdrawal of the measure 18 to be made, shall have regard to the possible need of a oontracting party for a sultablo period of time in which to make suoh modification or withdrawal. 7. The provisions of paragraph 6 of this Artiole shall not apply, in respect of any contracting party, to any product desoribed in the appropriate sobedule annexed to this Agreement.
EnerBOAGY Aotion on Imports of
1. (a) If, as a result of unioreseen developments and
domestic producers in that territory of like or directly
competitive products, the contraoting party shall be free, in respect of such produot, and to the extent and
for such time as may be necessary to prevent or remedy such injury, to suspend the obligation in whole or in part or to withdraw or modify the concession.
(b) If any product, which is the subject of a concession with respect to a preference, is being imported into the territory of a contracting party in the circumstances set forth in sub-paragraph (a) of this paragı aph, so as to cause or threaten serious injury to domestic producers of 11ke or directly competitive products in the territory of a contracting party which receives or received such preference, the importing contracting party shall be free, if that other contracting party so requests, to suspend the relevant obligation in whole or in part or to withdraw or modify the concession in respect of the product, to the extent and for such time as may be necessary to prevent or remedy such injury. 2. Before any contracting party shall take action pursuant to the provisions of paragraph 1 of this Article, it shall give notice in writing to the CONTRACTING PARTIES as far in advance
as may be practicable and shall afford the CONTRACTING PARTIES
and those contracting parties having a substantial interest as exporters of the product concerned an opportunity to consult with it in respect of the proposed action. When such notice 1s given in relation to a concession with respect to a preference, the notice shall name the contracting party which has requested the action. In critical circumstances, where delay would cause damage which it would be difficult to repair, action under paragraph 1 of this Article may be taken provisionally without prior consultation, on the condition that consultation shall be effected immediately after taking such
3. (a) If agreement among the interested contracting parties with respect to the action is not reached, the contracting party which proposes to take or continue the action shall, nevertheless, be free to do so, and if such action is taken or continued, the affected contracting parties shall then be free, not later than ninety days after such action is taken, to suspend, upon the expiration of thirty days from the day on which written notice of such suspension is received by the CONTRACTING PARTIES, the application to the trade of the contracting party taking such action, or, in the case envisaged in paragraph 1(b) of this Article, to the trade of the contracting party requesting such action, of such substantially equivalent obligations or concessions under this Agreement the suspension of which the CONTRACTING PARTIES do not disapprove.
(b) Notwithstanding the provisions of sub-paragraph (a) of this paragraph, where action is taken under paragraph 2 of this Article without prior consultation and causes or threatens serious injury in the territory of a contracting party to the domestic producers of products affected by the action, that contracting party shell, where delay would cause damage difficult to repair, be free to suspend, upon the taking of the action and throughout the period of consultation, such obligations or concessions as may be necessary to prevent or remedy the injury.
General Exceptions Subject to the requirement that such measures are not applied in a manner which would consitute a means of arbitrary or un justifiable discrimination between countries where the same