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In the case of practices that may justify the application by the Community of measures provided for in Article 12 of the Agreement and practices that may cause safeguard measures to be applied to the Community on the basis of Article 16 of the Agreement, the Commission shall decide, without prejudice to Article 2 of this Regulation and after examining the case on its own initiative or at the request of a Member State, whether the practices are compatible with the Agreement. Where necessary, appropriate measures may, under the conditions laid down in Articles 12 and 16 of the Agreement, be adopted by the Council in accordance with the procedure and detailed rules laid down by Regulation (EEC) No 1439/74, and in particular Article 13 (2) and (3) thereof, without prejudice to the provisions of Article 2 of this Regulation.