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International Trade Administration Act, 2002 (Act No. 71 of 2002)

Notices

Guidelines for the Imposition of an Agricultural Safeguard Measure provided for, in article 35 of the Economic Partnership Agreement (EPA) between the European Union and its member states, of the one part, and the Southern African Development Community (SADC) EPA states, of the other (EU-SADC EPA)

4. Procedure

 

4.1 The SACU Member States will submit import volumes for the products listed in the attached Annexure to the SACU Secretariat by the 5th of each month. The SACU Secretariat shall collate the Member States’ import volumes and by the 10th of each month, provide all SACU Member States and ITAC with the collated import volumes for the products listed in the attached Annexure.

 

4.2 When the import volumes as per the collated data for the SACU market indicate that the trigger volume for a specific product as contained in the attached Annexure has been reached, the SACU Secretariat shall immediately inform all SACU Member States and ITAC of the following:
(a) that the trigger volume for a specific product has been reached;
(b) the relevant rate of safeguard duty to be applied, which shall be the maximum possible rate; and
(c) the duration of the measure as provided for in Article 35 of the EU-SADC EPA.

 

4.3 Within five (5) days of receipt of the communication referred to in paragraph 4.2 from the SACU Secretariat, ITAC will prepare a Ministerial Minute for the Minister of Trade, Industry and Competition of South Africa indicating that the trigger volume for a specific product has been reached, the specific amount of the duty and the specific period for the duty to be imposed, in line with the relevant provisions in Article 35 of the EU-SADC EPA.

 

4.4 The Minister of Trade, Industry and Competition of South Africa will request the Minister of Finance of South Africa, to make the necessary amendments to the SACU Tariff Book as set out in the Ministerial Minute. The amendment to the relevant schedule to the Customs and Excise Act will be published by the South African Revenue Service.

 

4.5 Within ten (10) working days after applying the measure, SACU shall notify the EU in writing and shall provide relevant data concerning the measure. SACU shall also notify the Trade and Development Committee within thirty (30) days after such imposition.

 

ADOPTED BY THE SACU COUNCIL OF MINISTERS ON THE 28th DAY OF JUNE 2023.