Article 12 — 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 the serious injury to the Union industry and to facilitate adjustment. That period shall not exceed two years, unless it is extended under paragraph 2. 2. The initial duration of a safeguard measure, as referred to in paragraph 1, may be extended by up to two years, provided that the safeguard measure continues to be necessary to prevent or remedy serious injury to the Union industry and that there is evidence that the Union industry is adjusting. In the case of sensitive products, a safeguard measure shall be extended by up to two years, provided that it continues to be necessary to prevent or remedy serious injury to the Union industry. 3. No safeguard measure shall be applied again to the import of a product under Annex 10-A (Tariff Elimination Schedule) to the EMPA and Annex 2-A (Tariff Elimination Schedule) to the ITA which has been subject to such a measure, unless a period of time equal to half of the total duration of the previous safeguard measure has elapsed. 4. Any Member State, any natural or legal person that is acting on behalf of the Union industry, or any association not having legal personality that is acting on behalf of the Union industry, may request an extension as referred to in paragraph 2 of this Article. In such case, before deciding on the extension, the Commission shall conduct a review to investigate whether the conditions laid down in paragraph 2 of this Article are met, having regard to the factors referred to in Article 7(5). The Commission may initiate such review on its own initiative if there is sufficient prima facie evidence that the conditions laid down in paragraph 2 of this Article have been met. The safeguard measure shall remain in force pending the outcome of that review. 5. The notice of initiation of the review referred to in paragraph 4 of this Article shall be published in accordance with Article 5(6) and (7). The review shall be conducted in accordance with Article 7. 6. Any decision regarding an extension pursuant to paragraph 2 of this Article shall be made in accordance with Articles 10 and 11. 7. The total duration of a safeguard measure shall not exceed four years, including the period of application of any provisional safeguard measure, the initial period of application and any extension thereof.