Protocol Concerning Trade Relations between the Kingdom of the Netherlands and the Belgo-Luxemburg Economic Union on the one hand and Japan on the other hand Protocol betreffende handelsbetrekkingen tussen het Koninkrijk der Nederlanden en de Belgisch-Luxemburgse Economische Unie, enerzijds, en Japan, anderzijds
At the time of signing the Protocol Amending the Agreement on Commerce between the Kingdom of the Netherlands and the Belgo-Luxemburg Economic Union on the One Hand and Japan on the Other Hand, the undersigned representatives, duly authorized by their respective Governments, have confirmed that the General Agreement on Tariffs and Trade will be applied between the Benelux countries and Japan on the coming into force of the said Protocol and have agreed on the following provisions:
1. If, in the view of either Contracting Party, there is reasonable evidence that, as a result of unforeseen developments, any product of the other Contracting Party is being imported into its territory under such conditions as to cause or threaten serious injury to its domestic producers of like or directly competitive products and that certain action is required to prevent or remedy such injury, it shall give to the other Contracting Party written notice to this effect with a reasonable explanation of the circumstances. The Contracting Parties shall, upon such notice, enter into consultations immediately for the purpose of finding a mutually satisfactory solution.
2. If the consultations referred to above do not result within a reasonable period of time in a mutually satisfactory solution, the importing Contracting Party may, in respect of the product in question, apply quantitative import restrictions to the extent and for such time as may be necessary to prevent or remedy the injury referred to in paragraph 1 above.
3. In critical circumstances where delay would cause damage which it would be difficult to repair, action under paragraph 2 above may be taken provisionally after the notice mentioned in paragraph 1 above has been given or before the consultations referred to in that paragraph are completed, provided that such consultations shall be continued in an endeavour to find a mutually satisfactory solution.
4.
(a) If the exporting Contracting Party deems that the action taken by the importing Contracting Party under paragraph 2 or 3 of the present Protocol affects such a number of products or such a volume of trade that the interests of that exporting Contracting Party are seriously impaired, it may request in writing consultations with the importing Contracting Party on the situation which has developed including the action taken.
(b) If no satisfactory agreement can be reached within a reasonable period of time the exporting Contracting Party may apply quantitative import restrictions to such an extent as is substantially equivalent to the effect of the action taken by the importing Contracting Party.
(c) If the importing Contracting Party terminates its action under the present Protocol, the exporting Contracting Party shall terminate its action forthwith.
5. In case the action provided for in paragraph 2, 3 or 4 above is taken, the Contracting Parties shall exert their best endeavours, individually as well as in co-operation with each other, so that such action may be terminated as soon as possible.
6.
(a) In case import restrictions have been continuously in force in either Contracting Party with regard to some specific products of the other Contracting Party and the sudden removal of restrictions on such products would result in serious injury to domestic producers of like or directly competitive products, the importing Contracting Party may, as a transitional period measure, apply such import restrictions as may be agreed upon between the Governments of the Contracting Parties.
(b) The Contracting Party applying the above restrictions undertakes:
(i) to grant to the trade of the other Contracting Party a fair and reasonable share of the market,
and
(ii) to carry out a policy which is aimed at the relaxation or removal of such restrictions at the earliest possible date.
(c) The Contracting Parties shall annually review the operation of the measures taken in accordance with sub-paragraph (a) above, with a view to removing such measures as soon as possible.
7.
(a) The present Protocol shall be ratified and the instruments of ratification shall be deposited with the Government of Japan. It shall enter into force on the date of the coming into force of the Protocol Amending the Agreement on Commerce referred to above, provided that the third instrument of ratification shall have been deposited by that time.
(b) The present Protocol shall be terminated on the date of expiry of a period of six years from its entry into force if the Contracting Parties so agree in the consultations which shall be held well before the end of such period at the request of either Contracting Party. The Contracting Parties shall consult together from time to time at the request of either Contracting Party for the purpose of examining the possibility of terminating the present Protocol.
(c) Notwithstanding sub-paragraph (b ) above, the present Protocol shall terminate either when a joint trade agreement between Japan on the one hand and the countries of the European Economic Community on the other hand shall have entered into force, or when a general and multilateral solution, acceptable to the Contracting Parties, to the problem of market disruption within the framework of the General Agreement on Tariffs and Trade shall have been reached.
- Regeling
- Protocol betreffende handelsbetrekkingen tussen het Koninkrijk der Nederlanden en de Belgisch-Luxemburgse Economische Unie, enerzijds, en Japan, anderzijds
- Soort
- Verdrag
- Geldend vanaf
- 21-10-1964
- BWB-id
- BWBV0005269
- Versie
- 1964-10-21_0