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1. Where a Member State requests the Commission to apply safeguard measures as provided for in Articles 31 and 32 of the Agreement, it shall provide the Commission, in support of its request, with the information needed to justify it. If the Commission decides not to apply safeguard measures, it shall inform the Council and the Member States accordingly within five working days of receipt of the request from the Member State. Any Member State may refer this decision of the Commission to the Council within 10 working days of its notification. If the Council, acting by qualified majority, indicates its intention to adopt a different decision, the Commission shall inform Slovenia thereof forthwith and shall notify it of the opening of the consultations within the Association Council as provided for in Article 34(2) and (3) of the Agreement. The Council, acting by a qualified majority, may take a different decision within twenty working days of the conclusion of the consultations with Slovenia within the Association Council.

2. The Commission shall be assisted by the Committee established by Regulation (EC) No 3491/93(7) (hereinafter referred to as "the Committee"), composed of representatives of the Member States and chaired by a representative of the Commission. The Committee shall meet when convened by its chairman. The latter shall communicate any appropriate information to the Member States at the earliest opportunity.

3. Where the Commission, at the request of a Member State or on its own initiative, decides that the safeguard measures provided for in Articles 31 and 32 of the Agreement should be applied: - it shall inform the Member States forthwith if acting on its own initiative or, if it is responding to a Member State's request, within five working days of the date of receipt of that request, - it shall consult the Committee, - at the same time it shall inform Slovenia and notify the Association Council of the opening of consultations as referred to in Article 34(2) and (3) of the Agreement, - at the same time it shall provide the Association Council with all the information necessary for these consultations.

4. In any event, the consultations within the Association Council shall be deemed to be completed 30 days after the notification referred to in paragraphs 1 and 3. At the end of the consultations or on expiry of the period of 30 days, and if no other arrangement proves possible, the Commission after consulting the Committee, may take appropriate measures to implement Articles 31 and 32 of the Agreement.

5. The decision referred to in paragraph 4 shall be notified forthwith to the Council, the Member States and Slovenia; it shall also be notified to the Association Council. The decision shall be applicable immediately.

6. Any Member State may refer the Commission decision referred to in paragraph 4 to the Council with 10 working days of receiving notification of the decision.

7. If the Commission has not taken a decision within the meaning of the second subparagraph of paragraph 4 within 10 working days of the end of the consultations with the Association Council or, as the case may be, the end of the period of 30 days, any Member States which have referred the matter to the Commission in accordance with paragraph 3 may refer it to the Council.

8. In the cases referred to in paragraphs 6 and 7 the Council, acting by a qualified majority, may take a different decision within two months.