2. The Parties recognize the right to apply measures consistent with Article VI of the GATT 1994, the Anti-Dumping Agreement, and the SCM Agreement, and the importance of promoting transparency.
3. Except as otherwise stipulated in this Article, this Agreement does not confer any additional rights or obligations on the Parties with regard to anti-dumping and countervailing measures including the initiation and conduct of anti-dumping and countervailing duty investigations as well as the application of anti-dumping and/or countervailing measures.
4. Neither Party shall have recourse to Chapter 14 (Dispute Settlement) of this Agreement for any matter arising under this Article.
5. When the investigating authority of a Party receives a written application by or on behalf of its domestic industry for the initiation of an anti-dumping investigation in respect of a product from the other Party, the former Party shall notify the other Party of the application as far in advance of the initiation of such investigation as possible. As soon as possible after accepting an application for a countervailing duty investigation in respect of a product of the other Party, and in any event before initiating an investigation, the Party shall provide written notification of its receipt of the application to the other Party and invite the other Party for consultations with the aim of clarifying the situation as to the matters referred to in the application and arriving at a mutually agreed solution.
6. The investigating authority of each Party shall ensure, before a final determination is made, the disclosure of all essential facts under consideration which form the basis for the decision whether to apply definitive measures. This is without prejudice to Article 6.5 of the Anti- Dumping Agreement and Article 12.4 of the SCM Agreement. Disclosures shall be made in writing and allow interested parties sufficient time to make their comments.
Article 3.3. Transitional Safeguard Measures
1. For the purpose of this Article:
Domestic industry means, with respect to an imported product, the producers as a whole of the like or directly competitive product operating within the territory of a Party, or those producers whose collective production of the like or directly competitive product constitutes a major proportion of the total domestic production of that product;
Provisional measure means a provisional bilateral safeguard measure described in Paragraph 12;
Serious injury means a significant overall impairment in the position of a domestic industry;
Threat of serious injury means serious injury that, on the basis of facts and not merely on allegation, conjecture or remote possibility, is clearly imminent;
Transition period, in relation to a particular product, means the period from the entry into force of this Agreement until two years after the date on which the elimination or reduction of the customs duties on that product is completed in accordance with the Party's schedule of tariff commitments in Annex 2-1A and 2-1B, which shall not exceed 7 years starting from the date of entry into force of the Agreement in any circumstances;
Transitional safeguard measure means a transitional bilateral safeguard measure described in Paragraph 2.
2. If, as a result of the reduction or elimination of a customs duty under this Agreement, an originating product of a Party is 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 serious injury, or threat thereof, to a domestic industry producing a like or directly competitive product, the other Party may, to the extent necessary to prevent or remedy serious injury apply a transitional safeguard measure consisting of:
(a) the suspension of the further reduction of any rate of customs duty on the product provided for under this Agreement;
(b) an increase of the rate of customs duty on the product to a level not to exceed the lesser of:
(i) the most-favored-nation (MFN) applied rate of customs duty on the product in effect at the date on which the transitional safeguard measure is taken; or
(ii) the MFN applied rate of customs duty on the product in effect on the day immediately preceding the date this Agreement enters into force.
3. A Party shall notify the other Party in writing:
(a) immediately on initiation of an investigation described in Paragraph 5;
(b) immediately upon making a finding of serious injury or threat thereof caused by increased imports of an originating product of the other Party as a result of the reduction or elimination of a customs duty on the product pursuant to this Agreement;
(c) before applying provisional measures pursuant to Paragraph 12, and
(d) no less than 20 days in advance of applying a definitive transitional safeguard measure or extending a transitional safeguard measure.
4. A Party shall consult with the other Party as far in advance of applying a transitional safeguard measure as practicable, with a view to reviewing the non-confidential version of the information arising from the investigation and exchanging views on the measure.
5. A Party shall apply a transitional safeguard measure only following an investigation by the Party's competent authorities in accordance with Articles 3 and 4.2(c) of the Safeguards Agreement, and to this end, Articles 3 and 4.2(c) of the Safeguards Agreement are incorporated into and made a part of this Agreement, mutatis mutandis.
6. In the investigation described in Paragraph 5, the Party shall comply with the requirements of Article 4.2 (a) and (b) of the Safeguards Agreement, and to this end, Article 4.2 (a) and (b) of the Safeguards Agreement is incorporated into and made a part of this Agreement, mutatis mutandis.
7. Each Party shall ensure that its competent authorities complete any such investigation within one year of its date of initiation.
8. Neither Party may apply a transitional 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 one year 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 transitional safeguard measure, including the period of initial application and any extension thereof, shall not exceed three years; or
(c) beyond the expiration of the transition period, except with the consent of the other Party.
9. No transitional safeguard measure shall be applied again to the import of a product which has been previously subject to such measure for a period of time equal to the period during which the previous measure was applied.
10. Where the expected duration of the transitional safeguard measure is over one year, the importing Party shall progressively liberalize it at regular intervals.
11. When a Party terminates a transitional safeguard measure, the rate of customs duty shall be the rate that, according to the Party's Schedule to Annex 2-1A and 2-1B (Schedule of Tariff Commitments), would have been in effect but for the measure.
12. In critical circumstances where delay would cause damage that would be difficult to repair, a Party may apply a transitional safeguard measure on a provisional basis pursuant to a preliminary determination by its competent authorities that there is clear evidence that imports of an originating product from the other Party have increased as the result of the reduction or elimination of a customs duty under this Agreement, and such imports have caused serious injury, or threat thereof, to the domestic industry.
13. Before applying a safeguard measure on a provisional basis, the applying Party shall notify the other Party. A Party may not apply a provisional measure until at least 45 days after the date its competent authorities initiate an investigation.
14. The duration of any provisional measure shall not exceed 200 days, during which time the Party shall comply with the requirements of Paragraphs 5 and 6.
15. The Party shall promptly refund any tariff increases if the investigation described in Paragraph 5 does not result in a finding that the requirements of Paragraph 2 are met. The duration of any provisional measure shall be counted as part of the period described in Paragraph 8(b).
16. No later than 30 days after it applies a transitional safeguard measure, a Party shall afford an opportunity for the other Party to consult with it regarding appropriate trade liberalizing 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 transitional safeguard measure. The applying Party shall provide such compensation as the Parties mutually agree.
17. If the Parties are unable to agree on compensation within 30 days after consultations begin, the Party against whose originating product the measure is applied may suspend the application of concessions with respect to originating product of the applying Party that have trade effects substantially equivalent to the transitional safeguard measure. The Party exercising the right of suspension may suspend the application of concessions only for the minimum period necessary to achieve the substantially equivalent effects.
18. A Party against whose product the transitional safeguard measure is applied shall notify the Party applying the transitional safeguard measure in writing at least 30 days before it suspends concessions in accordance with Paragraph 17.
19. The right of suspension referred in Paragraph 17 shall not be exercised for the first 24 months during which a transitional safeguard measure is in effect, provided that the transitional safeguard measure has been applied as a result of an absolute increase in imports and conforms to the provisions of this Agreement.
20. The applying Party's obligation to provide compensation under Paragraph 16 and the other Party's right to suspend concessions under Paragraph 17 shall terminate on the date the transitional safeguard measure terminates.
Article 3.4. Global Safeguard Measures
1. Each Party retains its rights and obligations under Article XIX of GATT 1994 and the Safeguards Agreement. This Agreement does not confer any additional rights or obligations on the Parties with regard to actions taken under Article XIX of GATT 1994 and the Safeguards Agreement.
2. Neither Party may apply, with respect to the same product, at the same time:
(a) a transitional safeguard measure as provided in Article 3.3 (Transitional Safeguard Measures); and
(b) a measure under Article XIX of GATT 1994 and the Safeguards Agreement.
Article 3.5. Cooperation on Trade Remedies
The Parties shall endeavour to encourage cooperation on trade remedies, between the relevant authorities of each Party who have responsibility for trade remedy matters.
Chapter 4. TECHNICAL BARRIERS TO TRADE
Article 4.1. Definitions
For the purpose of this Chapter, the definitions shall be those contained in Annex 1 of the TBT Agreement.
Article 4.2. Objectives
The objective of this Chapter is to facilitate trade in goods between the Parties by eliminating unnecessary technical barriers to trade, enhancing transparency, and promoting greater regulatory cooperation and good regulatory practice.
Article 4.3. Scope
1. This Chapter shall apply to the preparation, adoption, and application of all standards, technical regulations, and conformity assessment procedures, at the central government level, that may affect trade in goods between the Parties.
2. Each Party shall take reasonable measures, as may be available to it, to ensure observance of this Chapter by local government bodies on the level directly below that of the central government within its territory, which are responsible for the preparation, adoption, and application of technical regulations, standards, and conformity assessment procedures.
3. Notwithstanding paragraph 1, this Chapter shall not apply to:
(a) technical specifications prepared by a governmental body for its production or consumption requirements, which are covered by Chapter 11 (Government Procurement); or
(b) sanitary or phytosanitary measures, which are covered by Chapter 5 (Sanitary and Phytosanitary Measures).
4. All references in this Chapter to technical regulations, standards, and conformity assessment procedures shall be construed to include any amendments to them and any addition to the rules or the product coverage of those technical regulations, standards, and procedures, except amendments and additions of an insignificant nature.
5. For greater certainty, nothing in this Chapter shall prevent a Party from preparing, adopting, applying, or maintaining technical regulations, standards, or conformity assessment procedures in accordance with its rights and obligations under this Agreement, the TBT Agreement, and any other relevant international agreement.
Article 4.4. Affirmation of the TBT Agreement
The Parties affirm their existing rights and obligations with respect to each other under the TBT Agreement.
Article 4.5. International Standards, Guides, and Recommendations
1. Each Party shall use relevant international standards, guides, and recommendations, to the extent provided in Articles 2.4 and 5.4 of the TBT Agreement, as a basis for its technical regulations and conformity assessment procedures.
2. In determining whether an international standard, guide, or recommendation within the meaning of Articles 2 and 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 on 13 November 2000 by the WTO Committee on Technical Barriers to Trade (13 November 2000, Annex 2 to PART 1 of G/TBT/1), and any subsequent version thereof.
3. The Parties shall encourage cooperation between their respective national standardising organisations in areas of mutual interest, in the context of their participation in international standardising bodies, to ensure that international standards developed within such organisations are trade facilitating and do not create unnecessary obstacles to trade.
4. The Parties reaffirm their obligations under Article 4.1 of the TBT Agreement to ensure that their national standardising bodies accept and comply with the Code of Good Practice for the Preparation, Adoption, and Application of Standards in Annex 3 of the TBT Agreement.
5. Where modifications to the contents or structure of the relevant international standards were necessary in developing a Party's national standards, that Party shall, on request of the other Party, encourage its standardising body or bodies to provide information about the differences in the contents and structure, and the reason for those differences.
6. Each Party shall encourage the standardising body or bodies in its territory to cooperate with the standardising body or bodies of the other Party including:
(a) the exchange of information on standards;
(b) the exchange of information relating to standard-setting procedures; and
(c) cooperation in the work of international standardising bodies in areas of mutual interest.
Article 4.6. Technical Regulations
1. The Parties recognise the importance of good regulatory practice with regard to the preparation, adoption, and application of technical regulations, particularly the work carried out by the WTO Committee on Technical Barriers to Trade.
2. In accordance with Article 2.2 of the TBT Agreement, each Party shall ensure that technical regulations are not more trade-restrictive than necessary to fulfil a legitimate objective, taking account of the risks non-fulfilment would create.
3. The Parties shall use international standards as a basis for preparing their technical regulations, unless those international standards are ineffective or inappropriate to achieving the legitimate objective pursued. Where a Party does not use an international standard, guide, or recommendation referred to in paragraph 1, or their relevant parts, as a basis for its technical regulations, it shall, on request of the other Party, explain the reasons therefor.
4. In accordance with Article 2.7 of the TBT agreement, each Party shall give positive consideration to accepting as equivalent technical regulations of the other Party, even if these regulations differ from its own, provided that it is satisfied that these regulations adequately fulfil the objectives of its own regulations.
5. A Party shall, on the request of the other Party, explain the reasons why it has not accepted a request by the other Party to negotiate arrangements pursuant to paragraph (3) and (4).
6. The Parties shall strengthen communications and coordination with each other, where appropriate, in the context of discussions on the equivalence of technical regulations and related issues in international fora, such as the WTO Committee on Technical Barriers to Trade.
7. At the request of a Party that has an interest in developing a technical regulation similar to a technical regulation of the other Party, such other Party shall endeavour to provide, to the extent practicable, relevant information, including studies or documents, except for confidential information, on which it has relied in its development.
8. Consistent with the obligations of the TBT Agreement, each Party shall ensure that its technical regulations, including those dealing exclusively with marking and labelling requirements:
(a) accord treatment no less favourable than that accorded to like products of domestic origin; and
(b) do not create unnecessary obstacles to trade between the Parties.
9. Each Party shall apply technical regulations uniformly and consistently throughout its territory.
Article 4.7. Conformity Assessment Procedures
1. The provision of paragraph 1 of Article 4.6 (Technical Regulations) with respect to the preparation, adoption, and application of technical regulations, shall also apply, mutatis mutandis, to conformity assessment procedures.
2. In accordance with Article 5.1.2 of the TBT Agreement, each Party shall ensure that their conformity assessment procedures are not prepared, adopted, or applied with a view to or with the effect of creating unnecessary obstacles to trade. This means, inter alia, that conformity assessment procedures shall not be more strict or be applied more strictly than is necessary to give the importing Party adequate confidence that products conform with the applicable technical regulations or standards, taking account of the risks non-conformity would create.
3. The Parties recognise that, depending on specific sectors involved, a broad range of mechanisms exists to facilitate the acceptance in a Party's territory of the results of conformity assessment procedures conducted in the other Party's territory. Such mechanisms may include:
(a) recognising existing multilateral recognition agreements and arrangements among conformity assessment bodies;
(b) promoting mutual recognition of conformity assessment results by the other Party, through recognising the other Party's designation of conformity assessment bodies;
(c) encouraging voluntary arrangements between conformity assessment bodies in the territory of each Party;
(d) accepting a supplier's declaration of conformity, where appropriate;
(e) harmonisation of criteria for conformity assessment bodies' designation, including accreditation procedures;
(f) use of accreditation to qualify conformity assessment bodies, including through relevant multilateral agreements or arrangements to recognise the accreditation granted by other Parties; or
(g) other mechanisms as mutually agreed by the Parties.
4. The Parties shall ensure, whenever appropriate, that the results of conformity assessment procedures conducted in the territory of the other Party are accepted, even when those procedures differ from its own, provided that those procedures offer a satisfactory assurance of conformity with applicable technical regulations or standards equivalent to its own procedures. Where a Party does not accept the results of a conformity assessment procedure conducted in the territory of the other Party, it shall, on request of the other Party, explain the reasons for its decision.
5. In order to enhance confidence in the consistent reliability of each one of the conformity assessment results, the Parties may consult on matters such as the technical competence of the conformity assessment bodies involved.
6. The Parties may, upon request by a Party, enter into consultations to negotiate agreements or arrangements for the mutual recognition of the results of their respective conformity assessment procedures. The Parties shall consider the possibility of negotiating agreements or arrangements for mutual recognition of the results of their respective conformity assessment procedures in areas mutually agreed upon.
7. The Parties shall endeavour to intensify their exchange of information on acceptance mechanisms, conformity assessment procedures, and accreditation policy with a view to facilitating the acceptance of conformity assessment results.
8. Where a Party permits participation of its conformity assessment bodies and does not permit participation of the conformity assessment bodies of the other Party, in its conformity assessment procedures it shall, on written request of that Party, explain the reason for its refusal in writing.
Article 4.8. Cooperation
1. The Parties shall strengthen their cooperation in the field of standards, technical regulations, and conformity assessment procedures with a view to:
(a) increasing the mutual understanding of their respective systems;
(b) enhancing cooperation between the Parties' regulatory agencies on matters of mutual interests, including health, safety, and environmental protection;
(c) facilitating trade by implementing good regulatory practices; and
(d) enhancing cooperation, as appropriate, to ensure that technical regulations and conformity assessment procedures are based on international standards, or the relevant parts of them, and do not create unnecessary obstacles to trade between the Parties.
2. In order to achieve the objectives set out in paragraph 1, the Parties shall, as mutually agreed and to the extent possible, cooperate on regulatory issues, which may include:
(a) promotion of good regulatory practice based on risk management principles;
(b) exchange of information with a view to improving the quality and effectiveness of their technical regulations;
(c) development of joint initiatives for managing risks to health, safety, or the environment, and preventing deceptive practices; and
(d) exchange of market surveillance information where appropriate.
3. The Parties shall encourage cooperation between their respective organisations responsible for standardisation, conformity assessment, accreditation, and metrology, with a view to facilitating trade and avoiding unnecessary obstacles to trade between the Parties.
Article 4.9. Transparency
1. The Parties recognise the importance of the provisions relating to transparency in the TBT Agreement and relevant Decisions and Recommendations adopted by the WTO Committee on Technical Barriers to Trade since 1 January 1995 (G/TBT/1/), as may be revised, issued by the WTO Committee on Technical Barriers to Trade.
2. Each Party shall, upon request of the other Party, provide information, including the objective of, and rationale for, a technical regulation or conformity assessment procedure which the Party has adopted or proposes to adopt, and may affect the trade between the Parties within a reasonable period of time, as agreed between the Parties.
3. When a proposed technical regulation is submitted for public consultation or notified to the WTO, a Party shall give appropriate consideration to the comments received from the other Party and, upon request of the other Party, provide information on and explanations of the proposed technical regulation.
4. The Parties shall ensure that all adopted technical regulations and conformity assessment procedures are publicly available.
5. Each Party shall allow a reasonable interval between the publication of technical regulations and their entry into force in order to allow time for the economic operators of the other Party to adapt, except where urgent problems of safety, health, environmental protection, or national security arise or threaten to arise.
Article 4.10. Contact Points
1. For the purposes of this Chapter, the contact points are:
(a) for Türkiye: General Directorate of Product Safety and Inspection, the Ministry of Trade, or its successors; and
(b) for the UAE: the Standards and Regulations Sector, the Ministry of Industry and Advanced Technology, or its successors.
2. Each Party shall promptly notify the other Party of any change to its Contact Point.
Article 4.11. Information Exchange and Technical Discussions
1. Any information or explanation that a Party provides upon request of the other Party pursuant to this Chapter shall be provided in print or electronically within a reasonable period of time. A Party shall endeavour to respond to such a request within 60 days.
2. All communication between the Parties on any matter covered by this Chapter shall be conducted through the Contact Points designated under Article 4.10 (Contact Points).
3. On a request of a Party for technical discussions on any matter arising under this Chapter, the Parties shall endeavour, to the extent practicable, to enter into technical discussions by notifying the Contact Points designated under Article 4.10 (Contact Points).
Chapter 5. SANITARY AND PHYTOSANITARY MEASURES
Article 5.1. Definitions
1. The definitions in Annex A of the SPS Agreement are incorporated into this Chapter and shall form part of this Chapter, mutatis mutandis.
2. In addition, for the purposes of this Chapter:
Competent authority means a government body of each Party responsible for measures and matters referred to in this Chapter;
Emergency measure means a sanitary or phytosanitary measure that is applied by an importing Party to products of the other Party to address an urgent problem of human, animal or plant life or health protection that arises or threatens to arise in the Party applying the measure; and
Contact point means the government body of a Party that is responsible for the implementation of this Chapter and the coordination of that Party's participation in Committee activities under Article 5.6 (Subcommittee for Sanitary and Phytosanitary Measures).
Article 5.2. Objectives
The Objectives of this Chapter Are to:
(a) protect human, animal, or plant life or health in the territories of the Parties while facilitating trade between them;
(b) enhance the collaboration on the implementation of the SPS Agreement;
(c) strengthen communication, consultation, and cooperation between the Parties, and particularly between the Parties' competent authorities;
(d) ensure that sanitary and phytosanitary measures implemented by a Party do not create unjustified barriers to trade;
(e) enhance transparency in and understanding of the application of each Party's sanitary and phytosanitary measures; and
(f) encourage the development and adoption of science-based international standards, guidelines, and recommendations, and promote their implementation by the Parties.
Article 5.3. Scope
This Chapter shall apply to all sanitary and phytosanitary measures of a Party that may, directly or indirectly, affect trade between the Parties.
Article 5.4. General Provisions
1. The Parties affirm their rights and obligations under the SPS Agreement.
2. Nothing in this Agreement shall limit the rights and obligations that each Party has under the SPS Agreement.