- A Member State may take action against subsidised products where:
(a) the products have benefited from a prohibited subsidy;
(b) the subsidy is specific and has caused any of the effects referred to in Article 112; and
(c) the subsidy is specific and does not conform to the provisions of Article 108.
- Notwithstanding the provisions of paragraph 1, a Member State shall not take definitive action against products which are believed to be benefitting from subsidies referred to in Article 97 if the Member State aggrieved thereby has not:
(a) promulgated legislation to permit the introduction of counter measures or countervailing duties against subsidised imports;
(b) consulted with the Member State which is alleged to have introduced or to be maintaining subsidies identified in Article 97;
(c) notified COTED of the alleged subsidisation based on preliminary investigations and failure of consultations; and
(d) received authorisation from COTED to introduce countervailing duties or countermeasures as a result of a definitive determination of the existence of prohibited subsidies which cause nullification, impairment, serious prejudice or adverse effects caused by subsidisation.
- Consultations for the purposes of this Part shall follow the procedures set out in Annex II.