Safeguard measures
Article 4
1. Where a product covered by Article 1(1) originating in Armenia is imported under conditions that adversely affect the Union market or the market of one or more Member States for like or directly competing products, the Commission may impose, by means of an implementing act, any measure that is necessary. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 5(3). Such measures may be imposed for as long as necessary to counteract the adverse effects on the Union market or on the market of one or more Member States for like or directly competing products. 2. The Commission shall carry out an assessment of the situation of the Union market or the market of one or more Member States for like or directly competing products with a view to imposing measures in accordance with paragraph 1. That assessment shall be initiated: (a) following a duly substantiated request from a Member State including sufficient prima facie evidence reasonably available to that Member State pursuant to paragraph 3 of imports adversely affecting the market referred to in paragraph 1; or (b) on its own initiative, after it has become apparent to the Commission that there is sufficient prima facie evidence of imports adversely affecting the market referred to in paragraph 1. The assessment referred to in the first subparagraph shall be concluded within four months of its initiation. 3. In carrying out the assessment pursuant to paragraph 2, the Commission shall take into consideration all relevant market developments, including the impact of the imports concerned on the situation of the Union market or the market of one or more Member States for like or directly competing products. That assessment shall include the following factors: (a) the rate and amount of the increase in imports from Armenia of the product concerned in absolute and relative terms; (b) the effect of the imports concerned on production and prices in the Union market or the market of one or more Member States, while taking into consideration the development of imports from other sources. Other relevant factors may also be taken into consideration. 4. In critical circumstances where delay would cause damage to the relevant market that would be difficult to repair, the Commission may provisionally impose, by means of an implementing act, any measure that is necessary. Such measure may be imposed only after a duly substantiated request from a Member State pursuant to paragraph 2, first subparagraph, point (a), of this Article and shall be adopted within 21 days of receipt of that request. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 5(4). Those acts shall remain in force for a period not exceeding 120 days. 5. Where, as a result of the assessment referred to in paragraph 2, the Commission considers that the Union market or the market of one or more Member States for like or directly competing products has been adversely affected and intends to impose a definitive measure pursuant to paragraph 1, it shall publish a notice in the Official Journal of the European Union announcing its intention to impose such a measure. That notice shall provide a summary of the main results of the assessment and specify the period within which interested parties may submit their views in writing. That period shall not exceed 10 days from the date of publication of the notice.