FOR THE COUNCIL TO ADOPT THE PROTECTIVE MEASURES CALLED FOR BY THE INTERESTS OF THE COMMUNITY ; WHEREAS TO THIS END , THE COMMISSION SHOULD SUBMIT PROPOSALS TO THE COUNCIL WHICH HAVE REGARD FOR EXISTING INTERNATIONAL OBLIGATIONS ; WHEREAS , THEREFORE , PROTECTIVE MEASURES AGAINST A COUNTRY WHICH IS A CONTRACTING PARTY TO GATT MAY BE CONSIDERED ONLY IF THE PRODUCT IN QUESTION IS IMPORTED INTO THE COMMUNITY IN SUCH GREATLY INCREASED QUANTITIES AND ON SUCH TERMS OR CONDITIONS AS TO CAUSE , OR THREATEN TO CAUSE , SUBSTANTIAL INJURY TO COMMUNITY PRODUCERS OF LIKE OR DIRECTLY COMPETING PRODUCTS , UNLESS INTERNATIONAL OBLIGATIONS PERMIT DEROGATION FROM THIS RULE ;
WHEREAS EXPERIENCE HAS SHOWN THAT TRADE PRACTICES MAY IN CERTAIN CASES CALL FOR A MORE ACCELERATED PROTECTIVE PROCEDURE ; WHEREAS THE COMMUNITY MUST THEREFORE BE ABLE TO PROVIDE APPROPRIATE PROTECTION UNTIL SUCH TIME AS A DECISION TAKEN BY THE COUNCIL ENTERS INTO FORCE ;
WHEREAS A SPEEDIER PROCEDURE THAN NORMAL SHOULD THEREFORE BE PROVIDED FOR AS A SAFEGUARD AGAINST UNFORESEEN PRACTICES ; WHEREAS THE NEED FOR RAPID AND EFFECTIVE ACTION MAKES IT JUSTIFIABLE FOR THE COMMISSION TO BE EMPOWERED , WITHOUT PREJUDICE TO THE SUBSEQUENT POSITION OF THE COUNCIL , TO ADOPT EMERGENCY MEASURES ;
WHEREAS MEMBER STATES SHOULD BE EMPOWERED , IN CERTAIN CIRCUMSTANCES AND PROVIDED THAT THEIR ACTIONS ARE ON AN INTERIM BASIS ONLY , TO TAKE PROTECTIVE MEASURES INDIVIDUALLY ;
WHEREAS ARTICLES 14 ( 6 ) AND 16 ( 1 ) OF REGULATION ( EEC ) NO 1439/74 PROVIDE THAT THE COUNCIL SHALL DECIDE ON THE ADJUSTMENTS TO BE MADE TO THAT REGULATION ;
WHEREAS SUCH ADJUSTMENTS SHOULD BE MADE PRIMARILY FOR THE PURPOSE OF GREATER UNIFORMITY OF RULES FOR IMPORTS , PARTICULARLY IN RESPECT OF THOSE IMPORTS HITHERTO NOT INCLUDED IN THE COMMON LIBERALIZATION LIST ; WHEREAS PROVISION SHOULD THEREFORE BE MADE TO LIBERALIZE SUCH IMPORTS , EXCEPT IN THOSE MEMBER STATES WHICH STILL MAKE THEM SUBJECT TO QUANTITATIVE RESTRICTIONS WHICH THEY HAVE NOTIFIED TO THE COMMISSION ;
WHEREAS THE CONDITIONS UNDER WHICH MEMBER STATES MAY MAKE CERTAIN CHANGES TO THEIR RULES FOR THOSE IMPORTS NOT HITHERTO INCLUDED IN THE COMMON LIBERALIZATION LIST SHOULD BE DETERMINED AS TRANSITIONAL MEASURES ; WHEREAS , IN ORDER TO PREVENT THESE UNILATERAL CHANGES FROM CONSTITUTING BARRIERS TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY AND FROM INJURING THE INTERESTS OF THE COMMUNITY OR OF ONE OF ITS MEMBER STATES , THEY SHOULD BE MADE SUBJECT TO PRIOR CONSULTATION AND , IF NECESSARY , TO AN AUTHORIZATION PROCEDURE ; WHEREAS ADDITIONAL PROCEDURES FOR CHANGES TO THE RULES FOR SUCH IMPORTS SHOULD ALSO BE DRAWN UP ;
WHEREAS , FURTHERMORE , THE EXPERIENCE ACQUIRED IN IMPLEMENTING REGULATION ( EEC ) NO 1439/74 HAS SHOWN THAT CONSULTATION PROCEDURES SHOULD BE SIMPLIFIED , SURVEILLANCE MEASURES RATIONALIZED AND SAFEGUARD CLAUSES AMENDED TO A LIMITED EXTENT ;
WHEREAS THE REGULATION THUS AMENDED SHOULD BE PUBLISHED IN ITS ENTIRETY , AND THE LIBERALIZATION LIST UPDATED ,
HAS ADOPTED THIS REGULATION :
TITLE I
GENERAL PRINCIPLES
ARTICLE 1
1