Annex V Scm Agreement

7.9 If, within six months of the adoption of the Appellate Body or Appellate Body report, the Member has not taken appropriate measures to eliminate the adverse effects of the subsidy or withdraw the subsidy, and if there is no agreement on compensation, the DSD shall authorize the complaining Member to take countermeasures. are proportionate to the degree and nature of the adverse effects found, unless the DSB mutually agrees to reject the application. 1 Article XVI of GATT 1994 (Note to Article XVI) and the provisions of Annexes I to III to this Agreement provide for the exemption of an exported product from customs duties or taxes borne by the like product when it is intended for domestic consumption, or the exemption from such duties or taxes in amounts which do not exceed the amounts incurred, is not considered a subsidy. 2 The objective criteria or conditions used here are neutral criteria or conditions, which do not favour certain undertakings over others, which are economic and horizontal in their application, such as. B the number of employees or the size of the enterprise. 3 In particular, there is information on the frequency with which grant applications are refused or accepted, as well as the reasons for such decisions. 4 This standard is met when the facts demonstrate that the granting of a subsidy, without having been legally subordinated to export performance, is actually linked to actual or expected export earnings. The mere granting of a subsidy to the undertakings which have compensated shall not be considered as an export subsidy within the meaning of this provision for that reason alone. 5 Measures referred to in Annex I which do not constitute export subsidies shall not be prohibited by this or any other provision of this Agreement.

6All the time limits referred to in this Article may be extended by mutual agreement. 7 In that regard, Article 24 is stated. 8 If no meeting of the DSB is scheduled during that period, such a meeting shall be held for that purpose. 9 That expression must not permit counter-measures which are disproportionate to the prohibition of subsidies laid down by those provisions. 10 That expression must not allow counter-measures disproportionate to the prohibition of subsidies laid down by those provisions. 11 The term `injury to the domestic industry` is used in the same sense as in Part V. 12 The term “cancellation or alteration” is used in this Agreement in the same sense as that used in the relevant provisions of the GATT 1994, and the existence of such cancellation or disruption is established in accordance with the practice of applying those provisions. 13 The term “serious harm to the interests of another Member” is used in this Agreement in the same sense as that of Article XVI(1) of the GATT in 1994, and carries the threat of serious disturbance. 14 The total amount of grants by value shall be calculated in accordance with Annex IV. .

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By Tim