ARTICLE 45: DEFINITION OF SAFEGUARD MEASURE

The safeguard measures are those that, under the terms of section II of article 4 (LCE: Art. 4), temporarily regulate or restrict imports of identical, similar merchandise (RLCE: Art. 37) or directly competitive to those of national production to the extent necessary to prevent or remedy serious damage to the national industry in question and facilitate the adjustment of national producers. (RLCE: Art. 133)

These measures will only be imposed when it has been found that imports have increased in such quantity, in absolute terms or in relation to national production, and are carried out under conditions that cause or threaten to cause serious damage to the national industry in question. (RLCE: Art. 71)

The safeguard measures may consist, among others, of specific tariffs or ad-valorem, prior permits or quotas, or some combination of the above. (LCE: Art. 75) (LCE: Art. 76) (LCE: Art. 77)

For the determination of the existence of serious damage or threat of serious damage, the national industry shall be known as a group of national producers of identical or similar merchandise or directly competitive or those whose joint production constitutes a significant proportion of the total national production of such merchandise.