14383/01 CR/kr DG E II COUNCIL OF THE ... - CONSILIUM

7. Where a Contracting Party as a result of new information or of a reassessment of existing
information has detailed grounds for establishing that an authorised oenological practice or process
or a compositional and an other product specification as referred to in Article 5 endangers human
health, it may temporarily suspend the authorisation or restrict the prescriptions regarding this
practice or process listed in Annex I or in the Protocol. The other Contracting Party shall be
informed of this at least four weeks before the suspension or restriction takes effect with an
indication of the reasons which justify this decision. When the gravity of the danger so justifies, the
suspension or restriction can be decided with immediate effect. In this case, the other Contracting
Party shall be informed immediately with an indication of the reasons.
8. Where paragraph 7 is invoked, consultations between the Contracting Parties shall take place
as soon as possible and in any event within 2 months, with a view to taking the appropriate
measures as mutually decided. These measures may take the form of modifications to Annex I or to
the Protocol. In the event that the Contracting Parties are unable to reach a decision, the dispute
settlement procedure set out in Article 23 may be invoked by either Contracting Party.
9. The provisions of paragraph 4 shall apply without prejudice to the rights of the Contracting
Parties under the WTO Agreement. However, during the evaluation period referred to in
paragraph 3 or the dispute settlement procedure referred to in Article 23, the Parties waive their
rights to rely on the relevant provisions of the WTO Agreement on consultations and dispute
settlement.
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