1. Notwithstanding the procedures referred to in Articles 5 and 6 of this Regulation, where the Union needs to take a safeguard measure as provided for in Article 38 of the SAA concerning agricultural and fisheries products, the Commission shall, at the request of a Member State or on its own initiative, decide upon the necessary measures after, where applicable, having had recourse to the referral procedure provided for in Article 38 of the SAA.

If the Commission receives a request from a Member State, it shall take a decision thereon:

(a) within three working days of the receipt of a request, where the referral procedure provided for in Article 38 of the SAA does not apply; or

(b) within three days of the end of the 30-day period referred to in point (a) of Article 38(5) of the SAA, where the referral procedure provided for in Article 38 of the SAA applies.

The Commission shall notify Member States of the measures upon which it has decided.

2. The Commission shall take such measures in accordance with the examination procedure referred to in Article 9(3), or in cases of urgency, in accordance with Article 9(4).

Article 9

Committee procedure

1. For the purpose of Articles 2, 4 and 12 of this Regulation, the Commission shall be assisted by the Customs Code Committee established by Article 285 of Regulation (EU) No 952/2013. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. For the purpose of Articles 5 to 8 of this Regulation, the Commission shall be assisted by the Committee on Safeguards established by Article 3(1) of Regulation (EU) 2015/478. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

4. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.

Article 10

Dumping and subsidy

In the event of a practice which is liable to warrant application by the Union of the measures provided for in Article 37(2) of the SAA, the introduction of anti-dumping and/or countervailing measures shall be decided upon in accordance with the provisions laid down in Regulation (EC) No 1225/2009 and/or Regulation (EC) No 597/2009, respectively.

Article 11

Competition

1. In the event of a practice that may justify application by the Union of the measures provided for in Article 71 of the SAA, the Commission shall, after examining the case, on its own initiative or on the request of a Member State, decide whether such practice is compatible with the SAA.

The measures provided for in Article 71(9) of the SAA shall be adopted, in the cases of aid, in accordance with the procedures laid down in Regulation (EC) No 597/2009 and, in other cases, in accordance with the procedure laid down in Article 207 of the Treaty.