Wto Agreement On Subsidies And Countervailing Measures Pdf

8.2 Notwithstanding the provisions of Parts III and V, the following subsidies are not countervailable: (b) Subsidies which, alone or as one of the other conditions, are subject to the use of domestic over imported products. (a) subsidies which, in law or in fact(4), are subject only to export performance or to one of the other conditions, including the subsidies listed in point 5 of Annex I; 7.9 If, within six months of the adoption of the panel or Appellate Body report, the Member has not taken appropriate measures to eliminate the adverse effects of the subsidy or to withdraw the subsidy, and there is no agreement on compensation, the DSB shall authorize the complaining Member to take countermeasures. are proportionate to the degree and nature of the adverse effects found, unless the DSB mutually decides to reject the application. (d) the subsidy results in an increase in the subsidizing Member`s global market share in a given subsidized product or primary product(17) relative to the average share it had in the previous three-year period, and that increase follows a consistent trend over a period in which subsidies were granted; 7.10 In the event that a disputing party requests arbitration in accordance with Article 22(6) of the DSU, the arbitrator shall determine whether the counter-measures are proportionate to the extent and nature of the adverse effects identified. 4.10 If the DSB`s recommendation is not followed within the time limit set by the panel, which begins on the date of adoption of the panel or appelural report, the DSB authorizes the complaining member to take appropriate countermeasures (9), unless the DSB mutually agrees to reject the request. (c) subsidies to cover the operating losses of an undertaking, with the exception of one-off measures which are not recurrent and cannot be repeated for that undertaking and which are granted only to create time for the development of long-term solutions and to avoid acute social problems; (b) subsidies to cover the operating losses of an industry; 9.4 When a matter is referred to the Committee, the Committee shall immediately consider the facts concerned and the evidence of the effects referred to in paragraph 1. If the Committee finds that such effects exist, it may recommend to the subsidizing Member that this programme be modified so as to eliminate those effects. .

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