(b) a measure under Article XIX of the GATT 1994 and the Safeguards Agreement.
3. For the purposes of this Section, origin shall be determined in accordance with the non-preferential rules of origin of the Parties.
4. At the request of the other Party, the Party intending to take safeguard measures shall provide immediately all pertinent information on the initiation of a safeguard investigation, the provisional findings and the final findings of the investigation, and imposition of a safeguard measure.
5. The provisions of this Section shall not be subject to the provisions of Chapter 17 (Dispute Settlement).
Section 3-C. BILATERAL SAFEGUARD CLAUSE
Article 3.7. Definitions
For the purposes of this Section:
“serious injury” and “threat of serious injury” shall be understood in accordance with Articles 4.1(a) and (b) of the Safeguards Agreement. To this end, Articles 4.1(a) and (b) of the Safeguards Agreement are incorporated into and made part of this Agreement, mutatis mutandis; and
“transition period” means a period of ten years from the entry into force of this Agreement.
Article 3.8. Application of Bilateral Safeguard Measure
1. If, as a result of the reduction or elimination of a customs duty under this Agreement, originating goods of a Party are being imported into the territory of the other Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to cause or threaten to cause serious injury to a domestic industry producing like or directly competitive goods, the importing Party may, during the transition period only, adopt measures provided for in paragraph 2 in accordance with the conditions and procedures laid down in this Section.
2. The importing Party may take a bilateral safeguard measure which:
(a) suspends further reduction of the rate of customs duty on the good concerned provided for under Annex 2-A (Elimination of Customs Duties); or
(b) increases the rate of customs duty on the good concerned to a level which does not exceed the lesser of:
(i) the MFN applied rate of customs duty on the good in effect at the time the measure is taken; or
(ii) the base rate of customs duty specified in the Schedules included in Annex 2-A (Elimination of Customs Duties) pursuant to paragraph 2 of Article 2.6 (Reduction and/or Elimination of Customs Duties on Imports).
Article 3.9. Conditions and Limitations
1. A Party shall notify the other Party in writing of the initiation of an investigation described in paragraph 2 and consult with the other Party as far in advance of applying a bilateral safeguard measure as practicable, with a view to:
(a) reviewing the information arising from the investigation;
(b) exchanging views on the measure; and
(c) exchanging preliminary views on compensation as set out in Article 3.11 (Compensation).
2. A Party shall apply a bilateral safeguard measure only following an investigation by its competent authorities in accordance with Articles 3, 4.2(a) and 4.2(c) of the Safeguards Agreement and to this end, Articles 3, 4.2(a) and 4.2(c) of the Safeguards Agreement are incorporated into and made part of this Agreement, mutatis mutandis.
3. The determination referred to in Article 3.8 (Application of Bilateral Safeguard Measure) shall not be made unless the investigation demonstrates on the basis of objective evidence the existence of a causal link between increased imports from the other party and serious injury or threat thereof. In this respect, due consideration shall be given to other factors, including imports of the same product from other countries.
4. Each Party shall ensure that its competent authorities complete any such investigation within one year from the dates of its initiation.
5. Neither Party may apply a bilateral safeguard measure as set out in paragraph 1 of Article 3.8 (Application of Bilateral Safeguard Measure):
(a) except to the extent, and for such time, as may be necessary to prevent or remedy serious injury and to facilitate adjustment;
(b) for a period exceeding two years, except that the period may be extended by up to two years if the competent authorities of the importing Party determine, in conformity with the procedures specified in this Article, that the measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the industry is adjusting, provided that the total period of application of a safeguard measure, including the period of initial application and any extension thereof, shall not exceed four years; or
(c) beyond the expiration of the transition period, except with the consent of the other Party.
6. No measure shall be applied again to the import of the same good during the transition period, unless a period of time equal to half of the period during which the safeguard measure was applied previously has elapsed.
7. When a Party terminates a bilateral safeguard measure, the rate of customs duty shall be the rate that, according to its Schedule included in Annex 2-A (Elimination of Customs Duties), would have been in effect but for the measure.
Article 3.10. Provisional Measures
1. In critical circumstances where delay would cause damage that would be difficult to repair, a Party may apply a bilateral safeguard measure on a provisional basis pursuant to a preliminary determination that there is clear evidence that imports of an originating good from the other Party have increased as the result of the reduction or elimination of a customs duty under this Agreement, and such imports cause serious injury, or threat thereof, to the domestic industry.
2. The duration of any provisional measure shall not exceed 200 days, during which time the Party shall comply with the requirements of paragraphs 2 and 3 of Article 3.9 (Conditions and Limitations). The Party shall promptly refund any tariff increases if the investigation described in paragraph 2 of Article 3.9 (Conditions and Limitations) does not result in a finding that the requirements of Article 3.8 (Application of Bilateral Safeguard Measure) are met. The duration of any provisional measure shall be counted as part of the period prescribed by subparagraph 5(b) of Article 3.9 (Conditions and Limitations).
3. If a Party takes a provisional measure pursuant to this Article, the Party shall notify the other Party in writing prior to taking such measure and shall initiate consultations with the other Party immediately after such measure is taken.
Article 3.11. Compensation
1. A Party applying a bilateral safeguard measure shall consult with the other Party in order to mutually agree on appropriate trade liberalising compensation in the form of concessions having substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the safeguard measure. The Party shall provide an opportunity for such consultations no later than thirty days after the application of the bilateral safeguard measure.
2. If the consultations under paragraph 1 do not result in an agreement on trade liberalising compensation within 30 days after the consultations have begun, the Party whose goods are subject to the safeguard measure may suspend the application of substantially equivalent concessions on the goods of the Party applying the safeguard measure. The exporting Party shall notify the other Party in writing at least 30 days before suspending concessions under this paragraph.
3. The right of suspension referred to in paragraph 2 shall not be exercised for the first 24 months during which a bilateral safeguard measure is in effect, provided that the safeguard measure conforms to the provisions of this Agreement.
Chapter 4. SANITARY AND PHYTOSANITARY MEASURES
Article 4.1. Objectives
The objectives of this Chapter are to protect human, animal, or plant life or health in the territory of the Parties, and to provide a framework to address any bilateral sanitary and phytosanitary (hereinafter referred to as “SPS”) matters so as to facilitate and increase trade between the Parties.
Article 4.2. Scope
1. This Chapter shall apply to all SPS measures of a Party that may, directly or indirectly, affect trade between the Parties.
2. This Chapter shall not apply to standards, technical regulations and conformity assessment procedures as defined in the TBT Agreement which are covered by Chapter 5 (Technical Barriers to Trade).
3. Nothing in this Chapter shall limit the rights or obligations of the Parties pursuant to the SPS Agreement.
Article 4.3. Definitions
For the purposes of this Chapter:
(a) “SPS measure” means any measure referred to in paragraph 1, Annex A of the SPS Agreement; and
(b) The Parties may agree on other definitions for the application of this Chapter taking into consideration the glossaries and definitions of relevant international organisations, such as the CODEX Alimentarius Commission (hereinafter referred to as “Codex Alimentarius”), the World Organisation for Animal Health (hereinafter referred to as “OIE”) and under the International Plant Protection Convention (hereinafter referred to as “IPPC”).
Article 4.4. Rights and Obligations
The Parties affirm their existing rights and obligations with respect to each other under the SPS Agreement.
Article 4.5. General Principles
When implementing this Chapter, the Parties:
(a) shall not apply their SPS measure in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on international trade;
(b) shall ensure that any SPS measure is applied only to the extent necessary to protect human, animal or plant life or health, is based on scientific principles and is not maintained without sufficient scientific evidence; and
(c) will neither use the procedures established under this Chapter nor any requests for additional information to delay, without scientific and technical justification, access to their respective markets.
Article 4.6. Competent Authorities
The competent authorities of the Parties responsible for the implementation of this Chapter are set out in Annex 4-A. The Parties shall notify each other of any change in their respective competent authorities.
Article 4.7. Trade Facilitation
The Parties shall cooperate and jointly identify work in the field of SPS measures with a view to facilitating trade between the Parties. In particular, the Parties shall seek to identify initiatives that are appropriate for particular issues or sectors.
Article 4.8. Transparency
1. The Parties reaffirm their transparency obligations under the SPS Agreement.
2. Each Party shall publish all SPS measures in force on a website. Where possible, and upon request, the Parties shall provide information regarding the measure(s) in English.
3. Upon request of a Party, the other Party shall communicate the import requirements that apply for the import of specific products as soon as possible.
4. Where a Party has serious concerns regarding any risk to human, animal or plant life or health, affecting commodities for which trade takes place, technical discussions regarding the situation shall, upon request, take place as soon as possible. In this case, each Party shall endeavour to provide in due time all necessary information to avoid any disruptions to trade.
Article 4.9. Emergency Measures
1. In case of serious human, animal or plant life or health risk, the importing Party may take, without previous notification, measures necessary to protect human, animal or plant life or health. For consignments in transport between the Parties, the importing Party shall consider the most suitable and proportional solution in order to avoid unnecessary disruptions to trade.
2. Either Party may request any information related to the SPS situation and any measures adopted. The other Party shall answer as soon as the requested information is available.
Article 4.10. Equivalence
1. The Parties recognise that the principle of equivalence, as set down in Article 4 of the SPS Agreement, has mutual benefits for both exporting and importing countries.
2. In determining the equivalence of SPS measures, the Parties shall take into account guidance developed by the SPS Committee and the Codex Alimentarius, the OIE and the IPPC, as amended from time to time.
3. The Parties shall give favourable consideration to accepting the equivalence of each other’s SPS measures, in order to ease trade of the products subject to SPS measures and foster mutual confidence between the respective competent authorities.
4. Compliance by an exported product with an SPS standard that has been accepted as equivalent to an SPS standard of the importing Party shall not remove the need for that product to comply with any other relevant mandatory requirements of the importing Party.
5. Whenever an agreement on recognition of the equivalence is in process of negotiation and no final approval is achieved, the Parties should neither stop nor apply SPS measures more restrictive than those in force in their mutual trade, except where SPS emergencies arise or threaten to arise for a Party.
Article 4.11. Import Requirements
1. The importing Party shall ensure that its import conditions are applied to products imported from the exporting Party in a proportional and non-discriminatory manner.
2. Any fees imposed for the procedures on products imported from the exporting Party shall be equitable in relation to any fees charged on like domestic products and should be no higher than the actual cost of the service.
3. The importing Party shall have the right to carry out import checks on products imported from the exporting Party for the purposes of implementing SPS measures.
4. The import checks carried out on products imported from the exporting Party shall be based on the SPS risk associated with such importation. They shall be carried out without undue delay and with a minimum effect on trade between the Parties.
5. The information on the frequencies of import checks carried out on products imported from the exporting Party shall be made available on request. The importing Party may amend the frequencies of physical checks within their responsibilities, as appropriate, as a result of:
(a) on-site checks;
(b) import checks; or
(c) other actions or consultations provided for in this Chapter.
6. In the event that the import checks reveal non-conformity with the relevant standards and/or requirements of the importing Party, any action taken by the importing Party should be proportionate to the SPS risk involved.
Article 4.12. Coordinators
1. To facilitate the implementation of this Chapter and cooperation between the Parties, each Party shall designate a Coordinator, who shall be responsible for coordinating with competent authorities in the Party’s territory and communicating with the other Party’s Coordinator on all matters pertaining to this Chapter.
2. The Coordinators’ functions shall include:
(a) enhancing communication between the Parties’ competent authorities, seeking to facilitate a Party’s response to written requests for information from the other Party in print or electronically without undue delay, and in any case within 30 days from the date of receipt of the request and at no cost or at reasonable cost;
(b) facilitating information exchange so as to enhance mutual understanding of each Party’s SPS measures and the regulatory processes that relate to those measures and their impact on trade in such goods between the Parties;
(c) promptly addressing any bilateral SPS issues that a Party raises to enhance cooperation and consultation between the Parties to facilitate trade between the Parties; and
(d) simultaneously informing the contact points set out in Article 18.16 (Contact Points) of Chapter 18 (Institutional, General and Final Provisions) of any communication between the Parties.
3. The Coordinators may communicate through teleconference, videoconference, or any other means, as mutually determined by the Parties.
4. For the purposes of this Article, the Coordinator for:
(a) Turkey shall be:
General Directorate of European Union and Foreign Relations of the Ministry of Food, Agriculture and Livestock or its successor.
Email: fta@tarim.gov.tr
(b) Singapore shall be:
Ministry of Trade and Industry,
Trade Division,
100 High Street # 09-01, The Treasury,
Singapore 179434
Tel: (65) 6225 9911
Fax: (65) 6332 7260
Email: mti_email@mti.gov.sg
or their successors.
Article 4.13. Sub-committee on Sanitary and Phytosanitary Measures
1. The Sub-committee on SPS measures established pursuant to Article 18.2 (Committees and Working Groups) of Chapter 18 (Institutional, General and Final Provisions) may:
(a) develop the necessary procedures or arrangements for the implementation and administration of this Chapter;
(b) monitor the progress of the implementation and administration of this Chapter;
(c) provide a forum for discussion of problems arising from the application of certain sanitary or phytosanitary measures with a view to reaching mutually acceptable alternatives; and
(d) enhance communication and cooperation on SPS matters.
2. The Sub-committee shall meet in the first year after the entry into force of this Agreement and once a year thereafter, or as otherwise mutually agreed by the Parties, to perform its work in accordance with the terms of reference established during the first meeting of the Sub-committee.
Article 4.14. Technical Cooperation
1. The Parties shall endeavour to develop a work programme and mechanisms for co-operative activities in the areas of technical assistance and capacity building to address plant, animal and public health and food safety issues of mutual interest.
2. The financial arrangements to cover expenses for the cooperative activities undertaken shall be mutually agreed upon by the Parties on a case-by-case basis subject to the availability of funds.
Article 4.15. Final Provisions
Nothing in this Chapter shall limit the authority of a Party to determine the level of protection it considers necessary for the protection of, inter alia, human health or safety, animal or plant life or health or the environment. In pursuance of this, each Party retains all authority to interpret its laws, regulations and administrative provisions.
Chapter 5. TECHNICAL BARRIERS TO TRADE
Article 5.1. Objectives
The objective of this Chapter is to facilitate and increase trade in goods between the Parties, by providing a framework to prevent, identify and eliminate unnecessary barriers to trade within the scope of the TBT Agreement.
Article 5.2. Scope and Definitions
1. This Chapter shall apply to the preparation, adoption and application of all standards, technical regulations and conformity assessment procedures as defined in Annex 1 of the TBT Agreement, which may, directly or indirectly, affect trade in goods between the Parties, regardless of the origin of those goods.
2. Notwithstanding paragraph 1, this Chapter shall not apply to:
(a) purchasing specifications prepared by governmental bodies for production or consumption requirements of such bodies; or
(b) sanitary and phytosanitary measures as defined in Annex A of the SPS Agreement which are covered by Chapter 4 (Sanitary and Phytosanitary Measures).
3. For the purposes of this Chapter, the definitions of Annex 1 to the TBT Agreement shall apply.
Article 5.3. Affirmation of the TBT Agreement
The Parties affirm their existing rights and obligations with respect to each other under the TBT Agreement which is incorporated into and made part of this Agreement, mutatis mutandis.
Article 5.4. Joint Cooperation
1. The Parties shall strengthen their cooperation in the field of standards, technical regulations and conformity assessment procedures with a view to increasing the mutual understanding of their respective systems and facilitating access to their respective markets.
2. The Parties shall seek to identify, develop and promote trade facilitating initiatives which may include, but are not limited to:
(a) exchanging information and experiences on the preparation and application of their technical regulations and the use of good regulatory practice;
(b) where appropriate, simplifying technical regulations, standards and conformity assessment procedures;
(c) avoiding unnecessary divergence in their approaches to technical regulations and conformity assessment procedures, and working towards the possibility of converging or aligning technical regulations with international standards;
(d) encouraging cooperation between their respective bodies, public or private, responsible for metrology, standardisation, testing, certification and accreditation;
(e) ensuring efficient interaction of regulatory authorities at national, regional and international levels, for instance, by referring enquiries from a Party to the appropriate regulatory authorities; and
(f) exchanging information on developments in relevant regional and multilateral fora related to standards, technical regulations and conformity assessment procedures.
3. The Parties shall promote bilateral cooperation between their respective institutions in the field of halal standards and certification.
4. Upon request, a Party shall give appropriate consideration to proposals that the other Party makes for cooperation under the terms of this Chapter.
Article 5.5. International Standards
1. In accordance with Articles 2.4 and 5.4 of the TBT Agreement, the Parties shall use international standards, or relevant parts of international standards, as a basis for their technical regulations and related conformity assessment procedures where relevant international standards exist or their completion is imminent, except when such international standards or their relevant parts are ineffective or inappropriate to fulfil legitimate objectives.
2. In determining whether an international standard, guide, or recommendation within the meaning of Articles 2, 5 and Annex 3 of the TBT Agreement exists, each Party shall apply the principles set out in the Decision of the Committee on Principles for the Development of International Standards, Guides and Recommendations with relation to Articles 2, 5 and Annex 3 of the Agreement, adopted by the WTO Committee on Technical Barriers to Trade, G/TBT/1/rev.12, 21 January 2015 and the subsequent revisions.
3. The Parties affirm their obligations under Article 4.1 of the TBT Agreement to ensure that their standardising bodies accept and comply with the Code of Good Practice for the Preparation, Adoption and Application of Standards in Annex 3 to the TBT Agreement.
4. The Parties shall cooperate with each other, where appropriate, in the context of their participation in international standardising bodies to ensure that international standards developed within such bodies that are likely to become a basis for technical regulations are trade facilitating and do not create unnecessary obstacles to international trade.
5. The Parties undertake to exchange information on:
(a) their use of standards in support of technical regulations;
(b) each other’s standardisation processes, and the extent of use of international standards or regional standards as a base for their national standards; and
(c) cooperation agreements implemented by either Party on standardisation, provided the information can be made available to the public.
Article 5.6. Technical Regulations
The Parties agree to make best use of good regulatory practice with regard to the preparation, adoption and application of technical regulations, as provided for in the TBT Agreement, including: