Article 9 — Imposition of provisional safeguard measures

1. The Commission shall adopt provisional safeguard measures in critical circumstances where a delay is likely to cause damage which would be difficult to repair, making immediate action necessary, pursuant to a preliminary determination by the Commission on the basis of the factors referred to in Article 7(5) that there is sufficient prima facie evidence that a product originating in the country concerned is imported: (a) in such increased quantities, in absolute terms or relative to Union production; and (b) under such conditions, as to cause or threaten to cause serious injury to the Union industry; and (c) the increase of imports is the result of the reduction or the elimination of the customs duties on that product. 2. Those provisional safeguard measures shall be adopted by means of implementing acts in accordance with the advisory procedure referred to in Article 19(2). 3. In the case of sensitive products, provisional safeguard measures shall be adopted in accordance with the procedure referred to in Article 19(4) without delay and in any event within a maximum of 21 days from the initiation of the investigation to avoid damage to the Union industry which would be difficult to repair, including where such damage may be geographically concentrated in one or several Member States. 4. On duly justified imperative grounds of urgency, where a Member State requests immediate intervention by the Commission, and where the conditions set out in paragraph 1 of this Article are met, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 19(4). The Commission shall take a decision within five working days of receiving the request. 5. Provisional safeguard measures shall not apply for more than 200 calendar days. 6. Where the provisional safeguard measures are repealed because the investigation reveals that the conditions set out in Article 3(1) are not met, any customs duty collected as a result of those provisional safeguard measures shall be refunded promptly. 7. Provisional safeguard measures shall apply to every product that is put into free circulation after the date of entry into force of those measures. However, such measures shall not prevent the release into free circulation of products already on their way to the Union, where the destination of such products cannot be changed. 8. In case the Commission determines that a provisional safeguard measure shall apply to Mercosur as a sole entity, Paraguay shall be exempted from the application of the measure, unless the result of an investigation demonstrates that the existence of serious injury or the threat of serious injury is also being caused by imports of products from Paraguay under preferential terms.