Article 98: Entitlement to Take Action Against Subsidised Products

  1.         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.


  1.         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.


  1.         Consultations for the purposes of this Part shall follow the procedures set out in Annex II.