No Member should cause, through the use of any subsidy referred to in paragraphs 1 and 2 of Article I, adverse effects to the interests of other Members, i.e.:
- injury to the domestic industry of another Member;
- nullification or impairment of benefits accruing directly or indirectly to other Members under GATT 1994 in particular the benefits of concessions bound under Article II of GATT 1994;
- serious prejudice to the interests of another Member.
This Article does not apply to subsidies maintained on agricultural products as provided in Article 13 of the Agreement on Agriculture.