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Regulation (EU) 2016/400 of the European Parliament and of the CouncilShow full title
Regulation (EU) 2016/400 of the European Parliament and of the Council of 9 March 2016 implementing the safeguard clause and the anti-circumvention mechanism provided for in the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part
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Article 10U.K.Duration and review of safeguard measures
1.A safeguard measure shall remain in force only for such period of time as may be necessary to prevent or remedy serious injury to Union industry and to facilitate adjustment. That period shall not exceed 2 years, unless it is extended pursuant to paragraph 3.
2.A safeguard measure shall remain in force pending the outcome of the review under paragraph 3.
3.The initial duration of a safeguard measure may be extended by up to 2 years provided that the Commission determines in a review that the safeguard measure continues to be necessary to prevent or remedy serious injury to Union industry and that there is evidence that the Union industry is adjusting.
4.Any extension pursuant to paragraph 3 shall be preceded by an investigation initiated upon a request by a Member State or by any legal person or any association not having legal personality acting on behalf of the Union industry, or on the Commission’s own initiative, if there is sufficient prima facie evidence that the conditions laid down in paragraph 3 are met, on the basis of factors referred to in Article 5(5).
5.A notice of the initiation of an investigation shall be published in the Official Journal of the European Union in accordance with Article 4(6) and (7) mutatis mutandis. The investigation shall be conducted, and any decision regarding an extension pursuant to paragraph 3 of this Article shall be made, in accordance with Articles 5, 8 and 9 mutatis mutandis.
6.The total duration of a safeguard measure shall not exceed 4 years, including the period of application of any provisional safeguard measure and the initial period of application and extension thereof.
7.A safeguard measure shall not be applied beyond the expiry of the transitional period, except with the consent of the Republic of Moldova.
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