OF COMMON RULES FOR IMPORTS OF CERTAIN TEXTILE PRODUCTS ORIGINATING IN THIRD COUNTRIES HAS HAD TO BE CARRIED OUT PROGRESSIVELY , WITH THE RESULT THAT THE ALLOCATION OF COMMUNITY QUANTITATIVE LIMITS OR QUOTAS AMONG THE MEMBER STATES CAN BE ADJUSTED ONLY GRADUALLY TO THE SUPPLY REQUIREMENTS IN THOSE STATES ;
WHEREAS THE FACT THAT THE COMMON COMMERCIAL POLICY HAS NOT YET BEEN FULLY ESTABLISHED MEANS THAT THERE WILL STILL BE DISPARITIES AMONG THE MEMBER STATES ' COMMERCIAL POLICIES WHICH ARE LIKELY TO CAUSE DEFLECTIONS OF TRADE , WHICH ARTICLE 115 OF THE TREATY IS DESIGNED TO PREVENT WHERE SUCH DEFLECTIONS LEAD TO ECONOMIC DIFFICULTIES IN ONE OR MORE OF THE MEMBER STATES ;
WHEREAS TO THIS END THE COMMISSION IS EMPOWERED TO AUTHORIZE THE MEMBER STATES , WHERE SUCH ECONOMIC DIFFICULTIES SO WARRANT , TO TAKE INTRA-COMMUNITY SURVEILLANCE MEASURES OR PROTECTIVE MEASURES , BY WAY OF DEROGATION FROM THE PRINCIPLE OF FREE MOVEMENT WITHIN THE COMMUNITY OF GOODS ORIGINATING IN THIRD COUNTRIES AND PUT INTO FREE CIRCULATION IN ONE OF THE MEMBER STATES ;
WHEREAS , IN CASES WHERE A SURVEILLANCE MEASURE IS AUTHORIZED , IMPORT DOCUMENTS MUST BE ISSUED AUTOMATICALLY , FREE OF CHARGE , WITHIN A GIVEN PERIOD AND FOR ANY QUANTITY REQUESTED ; WHEREAS , IN VIEW OF PAST EXPERIENCE AND THE NEED TO CAUSE THE LEAST POSSIBLE DISTURBANCE TO THE FUNCTIONING OF THE COMMON MARKET , THE APPLICATION OF SURVEILLANCE MEASURES SHOULD BE RESTRICTED TO CASES WHERE THERE IS A DANGER THAT IMPORTS MAY LEAD IN THE MEMBER STATES TO ECONOMIC DIFFICULTIES WITHIN THE MEANING OF ARTICLE 115 OF THE TREATY ;
WHEREAS THE INFORMATION AND GROUNDS SUPPLIED BY THE MEMBER STATES IN SUPPORT OF THEIR REQUESTS FOR AUTHORIZATION TO INTRODUCE THE MEASURES IN QUESTION MUST BE SUCH AS TO ENABLE THE COMMISSION TO ASSESS THE NEED FOR SUCH AUTHORIZATION ;
WHEREAS , SHOULD A MEMBER STATE REQUEST AUTHORIZATION TO APPLY PROTECTIVE MEASURES , THE TIME LIMIT FOR THE ISSUE OF IMPORT DOCUMENTS MUST BE EXTENDED IF THE VOLUME COVERED BY THE APPLICATIONS FOR DOCUMENTS PENDING REACHES A CERTAIN LEVEL ;
WHEREAS , IN ORDER TO ENSURE THAT CHECKS ON ORIGIN DO NOT HAMPER INTRA-COMMUNITY TRADE , IT SHOULD BE PROVIDED THAT THE MEMBER STATES , AS A GENERAL RULE , SHOULD REQUEST FROM THE IMPORTER , AS PART OF THE COMPLETION OF FORMALITIES CONNECTED WITH THE IMPORTATION OF A PRODUCT FROM ANOTHER MEMBER STATE , ONLY A SIMPLE STATEMENT OF THE ORIGIN OF THE PRODUCT AS HE CAN BE REASONABLY EXPECTED TO KNOW IT ,
HAS ADOPTED THIS DECISION :
ARTICLE 1
SCOPE
THIS DECISION SHALL APPLY TO IMPORTS INTO A MEMBER STATE OF PRODUCTS ORIGINATING IN A THIRD COUNTRY WHICH HAVE BEEN PUT INTO FREE CIRCULATION IN THE COMMUNITY , IN CASES WHERE THEY ARE SUBJECT EITHER TO QUANTITATIVE IMPORT RESTRICTIONS IN THAT MEMBER STATE OR TO VOLUNTARY EXPORT RESTRAINT MEASURES APPLIED BY THE THIRD COUNTRY CONCERNED BY VIRTUE OF A TRADE AGREEMENT AND ARE LIKELY TO BE THE SUBJECT OF PROTECTIVE MEASURES UNDER