Article 107: Request for Consultations Relating to Subsidies Causing Injury, Nullification, Impairment or Serious Prejudice


  1.         Whenever a Member State has reason to believe that a subsidy within the meaning of Article 96 has been granted or is maintained by another Member State, and that imports from such a Member State have resulted in any of the effects mentioned in paragraph 1(b) of Article 97, the first- mentioned Member State may approach the Member State believed to be granting a subsidy with a request for consultations.
  1.         A request for consultations shall include a statement of available evidence with regard to –

(a)        the existence and nature of the subsidy; and

(b)        the injury caused to the domestic industry; or

(c)        the impairment or nullification of benefits of exporting to other Member States in the Community; or

(d)        serious prejudice to its interests.

  1.         Upon receipt of a request for consultations under paragraph 1, the Member State believed to be granting or maintaining the subsidy shall reply within 10 days, and shall furnish relevant information and enter into consultations within 30 days of the date of the request. The purpose of the consultations shall be to clarify the facts relating to the existence, type and effect of the alleged subsidy and to arrive at a mutually agreed solution.