CHAPTER IVGENERAL SAFEGUARD PROVISIONS
Article 16Imposition of definitive safeguard measures
1.
Where the facts as finally established show that any of the circumstances set out in Article 10 exist, the Commission shall request consultations with the region or state concerned in the context of the appropriate institutional arrangement set up in the relevant agreements permitting a region or state to be included in Annex I, with a view to seeking a mutually satisfactory solution.
2.
If the consultations referred to in paragraph 1 of this Article do not lead to a mutually satisfactory solution within 30 days of the matter being referred to the region or state concerned, a decision to impose definitive safeguard measures shall be taken by the Commission in accordance with the examination procedure referred to in Article 19(5) within 20 working days of the end of the consultation period.
3.
Definitive safeguard measures may take one of the following forms:
(a)
a suspension of the further reduction of the rate of import duty for the product concerned originating in the region or state concerned;
(b)
an increase in the customs duty on the product concerned up to a level which does not exceed the customs duty applied to other WTO members;
(c)
a tariff quota.
4.
No definitive safeguard measure shall be applied on the same product from the same region or state less than one year after previous such measures have lapsed or been removed.