CHAPTER IIIUNION INVESTIGATION PROCEDURE

Article 7

1.

The provisions of this Chapter shall not preclude the use, at any time, of surveillance measures in accordance with Articles 10 to 14 or provisional safeguard measures in accordance with Articles 15, 16 and 17.

Provisional safeguard measures shall be applied:

(a)

in critical circumstances where delay would cause damage which would be difficult to repair, making immediate action necessary; and

(b)

where a preliminary determination provides clear evidence that increased imports have caused or are threatening to cause serious injury.

The duration of such measures shall not exceed 200 days.

2.

Provisional safeguard measures shall take the form of an increase in the existing level of customs duty, whether the latter is zero or higher, if such action is likely to prevent or repair the serious injury.

3.

The Commission shall immediately conduct whatever investigation measures are still necessary.

4.

Should the provisional safeguard measures be repealed because no serious injury or threat of serious injury exists, the customs duties collected as a result of the provisional measures shall be automatically refunded as soon as possible. The procedure laid down in Article 235 et seq. of Council Regulation (EEC) No 2913/928 shall apply.