71/202/EEC: Commission Decision of 12 May 1971 empowering Member States to take interim protective measures with regard to the importation of certain products originating in third countries and put into free circulation in other Member States
Official Journal L 121 , 03/06/1971 P. 0026 - 0027
Danish special edition: Series I Chapter 1971(I) P. 0301
English special edition: Series I Chapter 1971(I) P. 0343
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COMMISSION DECISION
OF 12 MAY 1971
EMPOWERING MEMBER STATES TO TAKE INTERIM PROTECTIVE MEASURES WITH REGARD TO THE IMPORTATION OF CERTAIN PRODUCTS ORGINATING IN THIRD COUNTRIES AND PUT INTO FREE CIRCULATION IN OTHER MEMBER STATES
( 71/202/EEC )
THE COMMISSION OF THE EUROPEAN COMMUNITIES ,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 115 THEREOF ;
WHEREAS SINCE THE END OF THE TRANSITIONAL PERIOD ALL QUANTITATIVE RESTRICTIONS ON IMPORTS AND ALL MEASURES HAVING EQUIVALENT EFFECT HAVE BEEN PROHIBITED BETWEEN MEMBER STATES , AS REGARDS BOTH PRODUCTS ORGINATING IN THE COMMUNITY AND THOSE WHICH ORIGINATE IN THIRD COUNTRIES AND ARE PUT INTO FREE CIRCULATION IN THE COMMUNITY ; WHEREAS , IN INTRA-COMMUNITY TRADE , MEMBER STATES MAY THEREFORE ONLY IMPOSE A SYSTEM OF LICENCES OR OTHER IMPORT AUTHORISATIONS PROVIDED THEY ISSUE SUCH DOCUMENTS PROMPTLY AND FOR ALL THE QUANTITIES IN RESPECT OF WHICH APPLICATION IS MADE ;
WHEREAS EXPERIENCE HAS SHOWN THAT IT IS NECESSARY THAT A MEMBER STATE BE ABLE TO SUBJECT TO PRIOR CONTROL THE IMPORTATION OF CERTAIN PRODUCTS ORIGINATING IN THIRD COUNTRIES AND PUT INTO FREE CIRCULATION IN ANOTHER MEMBER STATE WHERE SUCH IMPORTATION WOULD CONSTITUTE SUCH DEFLECTION OF TRADE AS COULD OBSTRUCT THE OPERATION OF MEASURES OF COMMERCIAL POLICY TAKEN IN CONFORMITY WITH THE TREATY ; WHEREAS THE RISK OF SUCH DEFLECTION OF TRADE EXISTS WHERE , IN THE MEMBER STATE CONCERNED , THE IMPORTATION OF A PRODUCT ORIGINATING IN A THIRD COUNTRY IS PROHIBITED , OR IS SUBJECT TO A QUOTA OR VOLUNTARY RESTRAINT ARRANGEMENT THE QUANTITY OR VALUE OF WHICH , TAKING ACCOUNT OF DIRECT AND INDIRECT IMPORTS ALREADY EFFECTED OR AUTHORISED , IS LIABLE TO BE EXCEEDED ;
WHEREAS THIS OBJECTIVE CANNOT BE ATTAINED SOLELY BY CO-OPERATION BETWEEN MEMBER STATES , BUT REQUIRES AN EFFECTIVE SYSTEM , INVOLVING THE LEAST POSSIBLE DISTURBANCE TO THE FUNCTIONING OF THE COMMON MARKET , WHEREBY THE IMPORTS IN QUESTION ARE MADE SUBJECT TO THE PRIOR GRANTING OF AN IMPORT AUTHORISATION AND MEMBER STATES ARE EMPOWERED , AS AN INTERIM PROTECTIVE MEASURE , TO WITHHOLD SUCH AUTHORISATION FOR THE PERIOD NECESSARY TO REQUEST FROM THE COMMISSION POWERS TO APPLY DEFINITIVE PROTECTIVE MEASURES ;
WHEREAS IT IS THEREFORE APPROPRIATE TO EMPOWER MEMBER STATES TO APPLY SUCH A SYSTEM BY WAY OF INTERIM PROTECTION AND TO SPECIFY WHAT INFORMATION MUST ACCOMPANY ANY REQUEST SUBMITTED UNDER THE SYSTEM ;
HAS ADOPTED THIS DECISION :
ARTICLE 1
1 . MEMBER STATES ARE HEREBY EMPOWERED TO MAKE THE IMPORTATION OF PRODUCTS ORIGINATING IN THIRD COUNTRIES AND PUT INTO FREE CIRCULATION IN OTHER MEMBER STATES SUBJECT TO THE GRANTING OF AN IMPORT AUTHORISATION