WORLD TRADE
ORGANIZATIONS/WPGR/W/4/Add.1
20 February 2003
(03-1072)
Working Party on GATS Rules
SAFEGUARD-TYPE PROVISIONS IN ECONOMIC INTEGRATION AGREEMENTS
Note by the Secretariat1
Addendum
I. INTRODUCTION
1. At its meeting on 3 December 2002, the Secretariat was asked to undertake a compilation of
safeguard-type provisions contained in economic integration agreements, building on previous work.
This Note takes into account the agreements that have been notified to the WTO under GATS
Article V (see Annex).
2. The Note builds on, and complements, previous notes by the Secretariat contained in
S/WPGR/W/2 and S/WPGR/W/4.  As in S/WPGR/W/ 4, provisions relating to balance-of-payments
measures under GATS Article XII and exceptions to general obligations in the sense of GATS
Article XIV have been left aside.  The provisions reproduced below focus on sector-specific orindustry-specific safeguard provisions comparable to GATT Article XIX.  This Note does not purport
in any way to prejudge the nature or qualification of the measures referred to as "emergency safeguard
measures" within the meaning of GATS Article X.
II. RELEVANT PROVISIONS
A. T
REATY ESTABLISHING THE EUROPEAN COMMUNITY , CONSOLIDATED VERSION
(1 JANUARY  1958)
Article 134 (ex Article 115)
In order to ensure that the execution of measures of commercial policy taken in accordance
with this Treaty by any Member State is not obstructed by deflection of trade, or wheredifferences between such measures lead to economic difficulties in one or more MemberStates, the Commission shall recommend the methods for the requisite cooperation between
Member States. Failing this, the Commission may authorise Member States to take the
necessary protective measures, the conditions and details of which it shall determine.
In case of urgency, Member States shall request authorisation to take the necessary measures
themselves from the Commission, which shall take a decision as soon as possible; the
Member States concerned shall then notify the measures to the other Member States. The
Commission may decide at any time that the Member States concerned shall amend or abolishthe measures in question.
                                                     
1 This document has been prepared under the Secretariat's own responsibility and without prejudice to
the positions of Members and to their rights and obligations under the WTO.S/WPGR/W/4/Add.1
Page 2
In the selection of such measures, priority shall be given to those which cause the least
disturbance of the functioning of the common market.
B. THE NORTH AMERICAN FREE TRADE AGREEMENT (NAFTA) (1 J ANUARY 1994)
Annex 1413.6  – Section B - Payments System Protection
1. If the sum of the authorized capital of foreign commercial bank affiliates (as such
term is defined in the Schedule of Mexico to Annex VII), measured as a percentage of the
aggregate capital of all commercial banks in Mexico, reaches 25 percent, Mexico may request
consultations with the other Parties on the potential adverse effects arising from the presence
of commercial banks of the other Parties in the Mexican market and the possible need for
remedial action, including further temporary limitations on market participation. The
consultations shall be completed expeditiously.
2. In considering the potential adverse effects, the Parties shall take into account:
(a) the threat that the Mexican payments system may be controlled by non-
Mexican persons;
(b) the effects foreign commercial banks established in Mexico may have on
Mexico's ability to conduct monetary and exchange-rate policy effectively;
and
(c) the adequacy of this Chapter in protecting the Mexican payments system.
3. If no consensus is reached on the matters referred to in paragraph 1, any Party may
request the establishment of an arbitral panel under Article 1414 or Article 2008 (Request for
an Arbitral Panel). The panel proceedings shall be conducted in accordance with the Model
Rules of Procedure established under Article 2012 (Rules of Procedure). The Panel shall
present its determination within 60 days after the last panelist is selected or such other period
as the Parties to the proceeding may agree. Article 2018 (Implementation of Final Report) and2019 (Non-Implementation -- Suspension of Benefits) shall not apply in such proceedings.
C. T
HE AGREEMENT ON THE EUROPEAN ECONOMIC AREA (1 JANUARY 1994)
Article 112
1. If serious economic, societal or environmental difficulties of a sectorial or regional
nature liable to persist are arising, a Contracting Party may unilaterally take appropriatemeasures under the conditions and procedures laid down in Article 113.
2. Such safeguard measures shall be restricted with regard to their scope and duration to
what is strictly necessary in order to remedy the situation. Priority shall be given to such
measures as will least disturb the functioning of this Agreement.
3. The safeguard measures shall apply with regard to all Contracting Parties.Article 113
1. A Contracting Party which is considering taking safeguard measures under Article
112 shall, without delay, notify the other Contracting Parties through the EEA Joint
Committee and shall provide all relevant information.
2. The Contracting Parties shall immediately enter into consultations in the EEA Joint
Committee with a view to finding a commonly acceptable solution.S/WPGR/W/4/Add.1
Page 3
3. The Contracting Party concerned may not take safeguard measures until one month
has elapsed after the date of notification under paragraph 1, unless the consultation procedure
under paragraph 2 has been concluded before the expiration of the stated time limit. When
exceptional circumstances requiring immediate action exclude prior examination, the
Contracting Party concerned may apply forthwith the protective measures strictly necessary toremedy the situation.
For the Community, the safeguard measures shall be taken by the EC Commission.
4. The Contracting Party concerned shall, without delay, notify the measures taken to
the EEA Joint Committee and shall provide all relevant information.
5. The safeguard measures taken shall be the subject of consultations in the EEA Joint
Committee every three months from the date of their adoption with a view to their abolition
before the date of expiry envisaged, or to the limitation of their scope of application.
Each Contracting Party may at any time request the EEA Joint Committee to review such
measures.
Article 1141. If a safeguard measure taken by a Contracting Party creates an imbalance between the
rights and obligations under this Agreement, any other Contracting Party may towards that
Contracting Party take such proportionate rebalancing measures as are strictly necessary to
remedy the imbalance. Priority shall be given to such measures as will least disturb the
functioning of the EEA.
2. The procedure under Article 113 shall apply.
D. C
ONVENTION ESTABLISHING THE EUROPEAN FREE TRADE ASSOCIATION , CONSOLIDATED
VERSION (1 JUNE 2002)
Article 40
1. If serious economic, societal or environmental difficulties of a sectorial or regional
nature liable to persist are arising, a Member State may unilaterally take appropriate measures
under the conditions and procedures set out in Article 41.
2. Such safeguard measures shall be restricted with regard to their scope and duration to
what is strictly necessary in order to remedy the situation. Priority shall be given to suchmeasures as will least disturb the functioning of this Convention.
3. The safeguard measures shall apply with regard to all Member States.4. This Article is without prejudice to the application of specific safeguard provisions
set out in the Annexes to this Convention or of  special safeguard measures in accordance with
Article 5 of the WTO Agreement on Agriculture.
Article 41
1. A Member State which is considering taking safeguard measures under Article 40,
shall, without delay, notify the other Member States through the Council and shall provide all
relevant information.S/WPGR/W/4/Add.1
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2. The Member States shall immediately enter into consultations in the Council with a
view to finding a commonly acceptable solution.
3. The Member State concerned may not take safeguard measures until one month has
elapsed after the date of notification under paragraph 1, unless the consultation procedure
under paragraph 2 has been concluded before the expiration of the stated time limit. When
exceptional circumstances requiring immediate action exclude prior examination, the Member
State concerned may apply forthwith the protective measures strictly necessary to remedy the
situation.
4. The Member State concerned shall, without delay, notify the measures taken to the
Council and shall provide all relevant information.
5. The safeguard measures taken shall be the subject of consultations in the Council
every three months from the date of their adoption with a view to their abolition before the
date of expiry envisaged, or to the limitation of their scope of application.
Each Member State may at any time reques t the Council to review such measures.
E. THE EUROPE AGREEMENTS
1. Europe Agreement between the European Communities and Bulgaria (1 February 1995)
Article 51
During the first five years following the date of entry into force of this Agreement, or for the
sectors referred to in Annex XVb and XVc during the transitional period referred to in Article
7, Bulgaria may introduce measures which derogate from the provisions of this chapter as
regards the establishment of Community companies and nationals if certain industries:
- are undergoing restructuring, or
- are facing serious difficulties, particularly where these entail serious social
problems in Bulgaria, or
- face the elimination or a drastic reduction of the total market share held by
Bulgarian companies or nationals in a given sector or industry in Bulgaria, or
- are newly emerging industries in Bulgaria.
Such measures:
(i) shall cease to apply at the latest two years after the expiration of the fifth year
following the date of entry into force of this Agreement; and
(ii) shall be reasonable and necessary in order to remedy the situation; and
(iii) shall only relate to establishments in Bu lgaria to be created after the entry into force
of such measures and shall not introduce discrimination concerning the operations of
Community companies or nationals already established in Bulgaria at the time of
introduction of a given measure compared to Bulgarian companies or nationals.S/WPGR/W/4/Add.1
Page 5
The Association Council may exceptionally, upon request by Bulgaria, and if the necessity
arises, decide to prolong the period referred to in indent (i) for a given sector for a limited
period of time not exceeding the duration of the transitional period referred to in Article 7.
While devising and applying such measures, Bulgaria shall grant whenever possible to
Community companies and nationals a preferential treatment, and in no case a treatment less
favourable than that accorded to companies or nationals from any third country.
Prior to the introduction of these measures, Bulgaria shall consult the Association Council and
shall not put them into effect before a one month period following the notification to the
Association Council of the concrete measures to be introduced by Bulgaria, except where the
threat of irreparable damage requires the taking of urgent measures in which case Bulgariashall consult the Association Council immediately after their introduction.
Upon the expiration of the fifth year following th e entry into force of the Agreement, or for
the sectors referred to in Annexes XVb and XVc upon expiration of the transitional period
referred to in Article 7, Bulgaria may introduce such measures only with the authorization ofthe Association Council and under conditions determined by the latter.
2. Europe Agreement between the European Communities and the Czech Republic
(1 February 1995)
Article 51
During the first six years following the date of entry into force of this  Agreement, or for the
sectors referred to in Annexes XVIa and XVIb, during the transitional period referred to in
Article 7, the Czech Republic may introduce measures which derogate from the provisions of
this chapter as regards the establishment of Community companies and nationals if certain
industries:
- are undergoing restructuring, or
- are facing serious difficulties, particularly where these entail serious social
problems in the Czech Republic, or
- face the elimination or a drastic reduction of the total market share held by
Czech Republic companies or nationals in a given sector or industry in theCzech Republic, or
- are newly emerging industries in the Czech Republic.
Such measures:
(i) shall cease to apply at the latest two years after the expiration of the sixth year
following the date of entry into force of this Agreement or for the sectors included in
Annex XVIa and in Annex XVIb upon the expiration of the transitional period referred
to in Article 7;  and
(ii) shall be reasonable and necessary in order to remedy the situation;  and(iii) shall only relate to establishment in the Cz ech Republic to be created after the entry into
force of such measures and shall not intr oduce discrimination concerning the operations
of Community companies or nationals alread y established in the Czech Republic at theS/WPGR/W/4/Add.1
Page 6
time of introduction of a given measure compared to Czech Republic companies or
nationals.
The Association Council may exceptionally, upon request of the Czech Republic, and if the
necessity arises, decide to prolong the periods refe rred to in point (i) above for a given sector for
a limited period of time.
While devising and applying such measures, the Czech Republic shall grant whenever possible
to Community companies and nationals a preferen tial treatment, and in no case a treatment less
favourable than that accorded to compan ies or nationals from any third country.
Prior to the introduction of these measures, th e Czech Republic shall consult the Association
Council and shall not put them into effect befo re a one-month period following the notification
to the Association Council of the concrete meas ures to be introduced by the Czech Republic,
except where the threat of irreparable damage requires the taking of urgent measures in which
case the Czech Republic shall consult the A ssociation Council immediately after their
introduction.
Upon the expiration of the sixth year following the entry into force of this Agreement, or for the
sectors included in Annexes XVIa and XVIb upon expiration of the transitional period referred
to in Article 7, the Czech Republic may introduce such measures only with the authorization of
the Association Council and under condi tions determined by the latter.
3. European Communities – Estonia Europe Agreement (1 February 1998)
Article 50
Up to the end of 1999, Estonia may introduce measures which derogate from the provisions of
this Chapter as regards the establishment of Community companies and nationals if certain
industries:
- are undergoing restructuring, or
- are facing serious difficulties, particularly where these entail serious social
problems in Estonia, or
- face the elimination or a drastic reduction of the total market share held by
Estonian companies or nationals in a given sector or industry in Estonia, or
- are newly emerging industries in Estonia.
Such measures:
- shall cease to apply at the latest on 31 December 1999,
- shall be reasonable and necessary in order to remedy the situation, and
- shall only relate to establishments in Estonia to be created after the entry into
force of such measures and shall not introduce discrimination concerning the
operations of Community companies or nationals already established in
Estonia at the time of introduction of a given measure compared withEstonian companies or nationals.S/WPGR/W/4/Add.1
Page 7
While devising and applying such measures, Estonia shall grant whenever possible to
Community companies and nationals a preferential treatment, and in no case a treatment less
favourable than that accorded to companies or nationals from any third country.
Prior to the introduction of these measures, Estonia shall consult the Association Council and
shall not put them into effect before a one-month period following the notification of the
Association Council of the concrete measures to be introduced by Estonia, except where the
threat of irreparable damage requires the taking of urgent measures in which case Estonia
shall consult the Association Council immediately after their introduction.
4. Europe Agreement between the European Communities and Hungary
(1 February 1994)
Article 50
During the first stage referred to in Article 6, or  for the sectors included in Annexes XIIa and
XIIb during the transitional period referred to in Article 6, Hungary may introduce measures
which derogate from the provisions of this Chapter as regards the establishment ofCommunity companies and nationals if certain industries:
- are undergoing restructuring, or
- are facing serious difficulties, particularly where these entail serious social
problems in Hungary, or
- face the elimination or a drastic reduction of the total market share held by
Hungarian companies or nationals in a given sector or industry in Hungary,
or
- are newly emerging industries in Hungary.
Such measures:
- shall cease to apply at the latest two years after the expiration of the first
stage referred to in Article 6, or for the sectors included in Annexes XIIa and
XIIb upon the expiration of the transitional period referred to in Article 6,
and
- shall be reasonable and necessary in order to remedy the situation, and
- shall only relate to establishments in Hungary to be created after the entry
into force of such measures and shall not introduce discrimination concerning
the operations of Community companies or nationals already established in
Hungary at the time of introduction of a given measure compared to
Hungarian companies or nationals.
While devising and applying such measures, Hungary shall grant whenever possible to
Community companies and nationals a preferential treatment, and in no case a treatment less
favourable than that accorded to companies or nationals from any third country.
Prior to the introduction of these measures, Hungary shall consult the Association Council
and shall not put them into effect before a one-month period following the notification to theAssociation Council of the concrete measures to be introduced by Hungary, except where theS/WPGR/W/4/Add.1
Page 8
threat of irreparable damage requires the taking of urgent measures in which case Hungary
shall consult the Association Council immediately after their introduction.
Upon the expiration of the first stage referred to in Article 6, or for the sectors included in
Annexes XIIa and XIIb upon expiration of the transitional period referred to in Article 6,Hungary may introduce such measures only with the authorization of the Association Council
and under conditions determined by the latter.
5. Europe Agreement between the European Communities and Latvia  (1 February 1999)
Article 51
During the transitional period referred to in Article 3, Latvia may introduce measures which
derogate from the provisions of this Chapter as regards the establishment of Community
companies and nationals if certain industries:
- are undergoing restructuring, or
- are facing serious difficulties, particularly where these entail serious social
problems in Latvia, or
- face the elimination or a drastic reduction of the total market share held by
Latvian companies or nationals in a given sector or industry in Latvia, or
- are newly emerging industries in Latvia.
Such measures:
- shall cease to apply at the latest upon the expiration of the transitional period
referred to in Article 3, and
- shall be reasonable and necessary in order to remedy the situation, and
- shall only relate to establishments in Latvia to be created after the entry into
force of such measures and shall not introduce discrimination concerning the
operations of Community companies or nationals already established in
Latvia at the time of introduction of a given measure compared with Latvian
companies or nationals.
While devising and applying such measures, Latvia shall grant whenever possible to
Community companies and nationals a preferential treatment, and in no case a treatment less
favourable than that accorded to companies or nationals from any third country.
Prior to the introduction of these measures, Latvia shall consult the Association Council and
shall not put them into effect before a one-month period following the notification of the
Association Council of the concrete measures to be introduced by Latvia, except where the
threat of irreparable damage requires the taking of urgent measures in which case Latvia shallconsult the Association Council immediately after their introduction.
Upon expiration of the transitional period referred to in Article 3, Latvia may introduce such
measures only with the authorization of the Association Council and under conditions
determined by the latter.S/WPGR/W/4/Add.1
Page 9
6. European Communities – Lithuania Europe Agreement (1 February 1998)
Article 51
During the transitional period referred to in Article 3, Lithuania may introduce measures
which derogate from the provisions of this Chapter as regards the establishment ofCommunity companies and nationals if certain industries:
- are undergoing restructuring, or
- are facing serious difficulties, particularly where these entail serious social
problems in Lithuania, or
- face the elimination or a drastic reduction of the total market share held by
Lithuanian companies or nationals in a given sector or industry in Lithuania,or
- are newly emerging industries in Lithuania.
Such measures:
- shall cease to apply at the latest on the expiration of the transitional period
referred to in Article 3,
- shall be reasonable and necessary in order to remedy the situation, and
- shall only relate to establishments in Lithuania to be created after the entry
into force of such measures and shall not introduce discrimination concerning
the operations of Community companies or nationals already established inLithuania at the time of introduction of a given measure compared with
Lithuanian companies or nationals.
While devising and applying such measures, Lithuania shall grant whenever possible to
Community companies and nationals a preferential treatment, and in no case a treatment less
favourable than that accorded to companies or nationals from any third country.
Prior to the introduction of these measures, Lithuania shall consult the Association Council
and shall not put them into effect before a one-month period following the notification of the
Association Council of the concrete measures to be introduced by Lithuania, except where the
threat of irreparable damage requires the taking of urgent measures in which case Lithuania
shall consult the Association Council immediately after their introduction.
On expiration of the transitional period referred to in Article 3, Lithuania may introduce such
measures only with the authorisation of the Association Council and under conditions
determined by the latter.
7. Europe Agreement between the EC and the Republic of Poland (1 February 1994)
Article 50
During the first stage referred to in Article 6 for the sectors included in Annexes XIIa and
XIIb, or for the sectors included in Annexes XIIc and XIId during the transitional period
referred to in Article 6, Poland may introduce measures which derogate from the provisionsS/WPGR/W/4/Add.1
Page 10
of this chapter as regards the establishment of Community companies and nationals if
certain industries:
- are undergoing restructuring, or
- are facing serious difficulties, particularly where these entail serious social
problems in Poland, or
- face the elimination or a drastic reduction of the total market share held by
Polish companies or nationals in a given sector or industry in Poland, or
- are newly emerging industries in Poland.
Such measures:
- shall cease to apply at the latest two years after the expiration of the first
stage referred to in Article 6 for the sectors included in Annexes XIIa and
XIIb, or for the sectors included in Annexes XIIc and XIId upon theexpiration of the transitional period referred to in Article 6, and
- shall be reasonable and necessary in order to remedy the situation, and
- shall only relate to establishments in Poland to be created after the entry into
force of such measures and shall not introduce discrimination concerning the
operations of Community companies or nationals already established inPoland at the time of introduction of a given measure compared to Polish
companies or nationals.
While devising and applying such measures, Poland shall grant whenever possible to
Community companies and nationals a preferential treatment, and in no case a treatment less
favourable than that accorded to companies or nationals from any third country.
Prior to the introduction of these measures, Poland shall consult the Association Council and
shall not put them into effect before a one-month period following the notification to the
Association Council of the concrete measures to be introduced by Poland, except where the
threat of irreparable damage requires the taking of urgent measures in which case Poland
shall consult the Association Council immediately after their introduction.
Upon the expiration of the first stage referred  to in Article 6 for the sectors included in
Annex XIIb, or for the sectors included in Annexes XIIc and XIId upon expiration of the
transitional period referred to in Article 6, Poland may introduce such measures only with
the authorization of the Association Council and under conditions determined by the latter.
8. Europe Agreement between the European Communities and Romania
(1 February 1995)
Article 51
During the first five years following the date of entry into force of the Agreement, Romania
may introduce measures which derogate from the provisions of this Chapter as regards the
establishment of Community companies and nationals if certain industries:
- are undergoing restructuring, orS/WPGR/W/4/Add.1
Page 11
- are facing serious difficulties, particularly where these entail serious social
problems in Romania, or
- face the elimination or a drastic reduction of the total market share held by
Romanian companies or nationals in a given sector or industry in Romania,
or
- are newly emerging industries in Romania.
Such measures:
(i) shall cease to apply at the latest two years after the expiration of the fifth year
following the date of entry into force of this Agreement; and
(ii) shall be reasonable and necessary in order to remedy the situation; and
(iii) shall only relate to establishments in Ro mania to be created after the entry into force
of such measures and shall not introduce discrimination concerning the operations of
Community companies or nationals already established in Romania at the time of
introduction of a given measure compared to Romanian companies or nationals.
The Association Council may exceptionally, upon request by Romania, and if the necessity
arises, decide to prolong the period referred to in indent (i) above for a given sector for a
limited period of time not exceeding the duration of the transition period referred to in
Article 7.
While devising and applying such measures, Romania shall grant whenever possible to
Community companies and nationals a preferential treatment, and in no case a treatment less
favourable than that accorded to companies or nationals from any third country.
Prior to the introduction of these measures, Romania shall consult the Association Council
and shall not put them into effect before a one month period following the notification to theAssociation Council of the concrete measures to be introduced by Romania, except where the
threat of irreparable damage requires the taking of urgent measures in which case Romania
shall consult the Association Council immediately after their introduction.
Upon the expiration of the fifth year follow ing the entry into force of the Agreement,
Romania may introduce such measures only with the authorization of the Association Council
and under conditions determined by the latter.
9. Europe Agreement between the EC and the Slovak Republic (1 February 1995)
Article 51
During the first six years following the date of entry into force of this  Agreement, or for the
sectors referred to in Annexes XVIa and XVIb, during the transitional period referred to in
Article 7, the Slovak Republic may introduce measures which derogate from the provisions of
this chapter as regards the establishment of Community companies and nationals if certain
industries:
- are undergoing restructuring, or
- are facing serious difficulties, particularly where these entail serious social
problems in the Slovak Republic, orS/WPGR/W/4/Add.1
Page 12
- face the elimination or a drastic reduction of the total market share held by
Slovak Republic companies or nationals in a given sector or industry in the
Slovak Republic, or
- are newly emerging industries in the Slovak Republic.
Such measures:
(i) shall cease to apply at the latest two years after the expiration of the sixth year
following the date of entry into force of this Agreement or for the sectors included in
Annex XVIa and in Annex XVIb upon the expiration of the transitional period referred
to in Article 7;  and
(ii) shall be reasonable and necessary in order to remedy the situation;  and
(iii) shall only relate to establishment in the Slovak Republic to be created after the entry
into force of such measures and shall not introduce discrimination concerning the
operations of Community companies or nationals already established in the Slovak
Republic at the time of introduction of a given measure compared to Slovak Republic
companies or nationals.
The Association Council may exceptionally, upon re quest of the Slovak Republic, and if the
necessity arises, decide to prolong the periods refe rred to in point (i) above for a given sector for
a limited period of time.
While devising and applying such measures, th e Slovak Republic shall grant whenever possible
to Community companies and nationals a preferen tial treatment, and in no case a treatment less
favourable than that accorded to compan ies or nationals from any third country.
Prior to the introduction of these measures, th e Slovak Republic shall consult the Association
Council and shall not put them into effect befo re a one-month period following the notification
to the Association Council of the concrete meas ures to be introduced by the Slovak Republic,
except where the threat of irreparable damage requires the taking of urgent measures in which
case the Slovak Republic shall consult the Association Council immediately after their
introduction.
Upon the expiration of the sixth year following the entry into force of this Agreement, or for the
sectors included in Annexes XVIa and XVIb upon expiration of the transitional period referred
to in Article 7, the Slovak Republic may introdu ce such measures only with the authorization of
the Association Council and under condi tions determined by the latter.
10. European Communities – Slovenia Europe Agreement (1 February 1999)
Article 52
During the first four years following the date of entry into force of this Agreement, or for the
sectors referred to in Annex IX(a), during the transitional period referred to in Article 3,
Slovenia may introduce measures which derogate from the provisions of this Chapter as
regards the establishment of Community companies and nationals of certain industries:
- are undergoing restructuring, or
- are facing serious difficulties, particularly where these entail serious social
problems in Slovenia, orS/WPGR/W/4/Add.1
Page 13
- face the elimination or a drastic reduction of the total market share held by
Slovenian companies or nationals in a given sector or industry in Slovenia, or
- are newly emerging industries in Slovenia.
Such measures:
(i) shall cease to apply at the latest two years after the expiry of the fourth year following
the date of entry into force of this Agreement or, for the sectors included in Annex
IX(a), upon the expiry of the transitional period referred to in Article 3, and
(ii) shall be reasonable and necessary in order to remedy the situation, and
(iii) shall relate only to establishments in Slov enia to be set up after the entry into force of
such measures and shall not introduce discrimination concerning the activities of
Community companies or nationals already established in Slovenia at the time ofintroduction of a given measure, by comparison with Slovenian companies or
nationals.
The Association Council may exceptionally, at the request of Slovenia, and if the necessity
arises, decide to prolong the periods referred to in (i) above for a given sector for a limited
period of time.
While devising and applying such measures, Slovenia shall grant preferential treatment
wherever possible to Community companies and nationals, and in no case treatment less
favourable than that accorded to companies or nationals from any third country.
Prior to the adoption of these measures, Slovenia shall consult the Association Council and
shall not put them into effect before a one month period has elapsed following the notification
to the Association Council of the concrete m easures to be introduced by Slovenia, except
where the threat of irreparable damage requires the taking of urgent measures, in which case
Slovenia shall consult the Association Council immediately after their adoption.
Upon the expiry of the fourth year following the entry into force of this Agreement or, for the
sectors included in Annex IX(a), upon the expiry of the transitional period referred to in
Article 3, Slovenia may introduce such measures only with the authorisation of the
Association Council and under conditions determined by the latter.
(a) shall ensure that the other Party is treated as favourably as any non-Party; and
(b) shall avoid unnecessary damage to the commercial, economic and financial interests
of the other party.]
_______________S/WPGR/W/4/Add.1
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ANNEX
Economic Integration Agreement Notified Under GATS Article V2
RTA Doc. No. /Source Relevant Provisions
Canada-Chile Canada Foreign Affairs website - -
Chile-Mexico WT/REG125/1 - -
EC Treaty of Rome WT/R EG39/1(Standard Format)
Text of the Treaty from EU websiteArt. 134 (ex 115)
EC-Bulgaria WT/ REG1/6 Art.51
EC-Czech WT/REG18/6 Art.51
EC- Estonia WT/REG144/1 Art. 50
EC- Hungary EU OJ L347 31 Dec. 93 (EU
website)Art. 50
EC-Latvia REG143/1 Art. 51
EC-Lithuania REG145/1 Art. 50
EC-Poland EU OJ L348 31 Dec. 93 (website) Art. 50
EC-Romania WT/REG2/5 Art. 51
EC-Slovak WT/REG18/7 Art. 51
EC-Slovenia WT/REG146/1 Art. 52
EC-United Mexican States WT/REG109/1 - -
EEA WT/REG138/1 Arts. 112-114
EFTA-Mexico WT/REG126/1 - -
Japan-Singapore WT/REG140/1 - -
New Zealand-Singa pore WT/REG127/1 - -
NAFTA NAFTA website Annex 1413.6 Sec B
EFTA EFTA webiste Arts. 40 & 41
ANZCERTA T/UR/GNS/W/47 - -
Common Nordic Labour Market Nordiske overenskomster af 6. marts
1982 om faelles nordiskarbejdsmarked, Retsinformation,
Denmark (website)- -
EFTA- Singapore EFTA website - -
Chile - Costa Rica WT/REG/136/1 - -
Cartagena Agreement Andean Community website - -
US-Jordan WT/REG134/1 - -
__________
                                                     
2 As of 31 December 2002.