IMPORT RULES HAVE BEEN CHANGED ;
WHEREAS IT IS IN THE INTEREST OF THE COMMUNITY THAT THE MEMBER STATES AND THE COMMISSION SHOULD MAKE AS FULL AN EXCHANGE AS POSSIBLE OF INFORMATION RESULTING FROM EITHER COMMUNITY SURVEILLANCE OR SURVEILLANCE AT NATIONAL LEVEL ;
WHEREAS IT IS FOR THE COMMISSION AND THE COUNCIL TO ADOPT THE PROTECTIVE MEASURES CALLED FOR BY THE INTERESTS OF THE COMMUNITY WITH DUE REGARD FOR EXISTING INTERNATIONAL OBLIGATIONS ;
WHEREAS MEMBER STATES SHOULD BE EMPOWERED , IN CERTAIN CIRCUMSTANCES AND ON AN INTERIM BASIS , TO TAKE PROTECTIVE MEASURES INDIVIDUALLY ;
WHEREAS ARTICLES 9 ( 5 ) AND 11 ( 1 ) OF REGULATION ( EEC ) NO 925/79 PROVIDE THAT THE COUNCIL SHALL DECIDE ON THE ADJUSTMENTS TO BE MADE TO THAT REGULATION ;
WHEREAS A REVIEW OF THE REGULATION , IN THE LIGHT OF EXPERIENCE GAINED IN APPLYING IT , HAS SHOWN THAT IT IS NECESSARY TO ADOPT MORE PRECISE CRITERIA FOR ASSESSING POSSIBLE INJURY AND TO INTRODUCE AN INVESTIGATION WHILE STILL ALLOWING THE COMMISSION AND THE MEMBER STATES TO INTRODUCE APPROPRIATE MEASURES IN URGENT CASES ;
WHEREAS , TO THIS END , MORE DETAILED PROVISIONS SHOULD BE INTRODUCED ON THE OPENING OF INVESTIGATIONS , ON THE CHECKS AND INSPECTIONS REQUIRED , ON THE HEARING OF THOSE CONCERNED , THE TREATMENT OF INFORMATION OBTAINED AND THE CRITERIA FOR ASSESSING INJURY ;
WHEREAS THE PROVISIONS ON THE INVESTIGATIONS INTRODUCED BY THIS REGULATION DO NOT PREJUDICE COMMUNITY OR NATIONAL RULES CONCERNING PROFESSIONAL SECRECY ;
WHEREAS THE REGULATION THUS AMENDED SHOULD BE PUBLISHED IN ITS ENTIRETY ,
HAS ADOPTED THIS REGULATION :
TITLE I
GENERAL PRINCIPLES
ARTICLE 1
WITHOUT PREJUDICE TO ARTICLES 11 , 12 AND 13 , IMPORTS INTO THE COMMUNITY COVERED BY THE ANNEX TO THIS REGULATION SHALL NOT BE SUBJECT TO ANY QUANTITATIVE RESTRICTION .
ARTICLE 2
1 . THE COUNCIL MAY , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION , RESOLVE THAT THE ANNEX TO THIS REGULATION BE EXTENDED TO INCLUDE OTHER PRODUCTS , PROVIDED THAT SUCH ACTION IS NOT LIABLE TO CREATE A SITUATION WHERE THE APPLICATION OF PROTECTIVE MEASURES WITHIN THE MEANING OF TITLE V WOULD BE JUSTIFIED .
2 . WHERE THE COMMISSION FINDS THAT , BY VIRTUE OF THE REVOCATION OF A QUANTITATIVE RESTRICTION BY A MEMBER STATE , A PRODUCT IS LIBERALIZED THROUGHOUT THE COMMUNITY , IT MAY DECIDE TO INCLUDE THAT PRODUCT IN THE COMMON LIBERALIZATION LIST , UNLESS A MEMBER STATE , IN THE COURSE OF CONSULTATION TO BE CARRIED OUT BEFOREHAND IN ACCORDANCE WITH ARTICLE 5 ( 4 ) , REQUESTS THAT A PROPOSAL WITHIN THE MEANING OF PARAGRAPH 1 OF THIS ARTICLE BE SUBMITTED TO THE COUNCIL .
TITLE II
COMMUNITY INFORMATION AND CONSULTATION PROCEDURE
ARTICLE 3
1 . MEMBER STATES SHALL NOTIFY THE COMMISSION :
( A ) WHERE TRENDS IN IMPORTS APPEAR TO CALL FOR PROTECTIVE MEASURES ;
( B ) WHERE , FOLLOWING THEIR USUAL ADMINISTRATIVE PROCEDURES AND IN THE LIGHT OF EXPERIENCE , THEY FIND THAT