Article 109: Investigation by COTED of Subsidies Causing Injury, Nullification, Impairment or Serious Prejudice

 

1.         In  order to  arrive at  a  determination of  the  existence, degree and effect of subsidisation, and remedial action which may be taken pursuant to the referral of a complaint of alleged subsidisation mentioned in Article 108, COTED shall –

(a) carry out an investigation into the circumstances relating to the alleged grant or  maintenance of the subsidy by the offending Member State;   the investigation is to be completed within 120 days of the date of receipt of a complaint regarding alleged subsidisation by an offending Member State; and
(b) upon receipt of the report arising from the investigation, promptly make available the report to the concerned Member States to facilitate consultation and to permit the Member states concerned to arrive at a mutually acceptable solution.