Council Regulation (EEC) No 288/82 of 5 February 1982 on common rules for imports
Official Journal L 035 , 09/02/1982 P. 0001 - 0044
Spanish special edition: Chapter 11 Volume 15 P. 0176
Portuguese special edition Chapter 11 Volume 15 P. 0176
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COUNCIL REGULATION ( EEC ) NO 288/82
OF 5 FEBRUARY 1982
ON COMMON RULES FOR IMPORTS
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 113 THEREOF ,
HAVING REGARD TO THE INSTRUMENTS ESTABLISHING COMMON ORGANIZATION OF AGRICULTURAL MARKETS AND TO THE INSTRUMENTS CONCERNING PROCESSED AGRICULTURAL PRODUCTS ADOPTED IN PURSUANCE OF ARTICLE 235 OF THE TREATY , IN PARTICULAR THE PROVISIONS OF THOSE INSTRUMENTS WHICH ALLOW FOR DEROGATION FROM THE GENERAL PRINCIPLE THAT ALL QUANTITATIVE RESTRICTIONS OR MEASURES HAVING EQUIVALENT EFFECT MAY BE REPLACED SOLELY BY THE MEASURES PROVIDED FOR IN THOSE SAME INSTRUMENTS ,
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,
WHEREAS THE COMMON COMMERCIAL POLICY MUST BE BASED ON UNIFORM PRINCIPLES ; WHEREAS THE IMPORT RULES ESTABLISHED BY REGULATION ( EEC ) NO 926/79 ( 1 ) ARE AN IMPORTANT ASPECT OF THAT POLICY ;
WHEREAS THE LIBERALIZATION OF IMPORTS , THAT IS TO SAY THE ABSENCE OF ANY QUANTITATIVE RESTRICTIONS SUBJECT TO EXCEPTIONS AND DEROGATIONS PROVIDED FOR IN COMMUNITY RULES , IS THE STARTING POINT FOR COMMON RULES IN THIS FIELD ;
WHEREAS THE COMMISSION MUST BE INFORMED BY THE MEMBER STATES OF ANY DANGER CREATED BY TRENDS IN IMPORTS WHICH MIGHT CALL FOR PROTECTIVE MEASURES ;
WHEREAS , IN SUCH A CASE , THE COMMISSION MUST EXAMINE IMPORT TERMS AND CONDITIONS , IMPORT TRENDS , THE VARIOUS ASPECTS OF THE ECONOMIC AND COMMERCIAL SITUATION , AND THE MEASURES , IF ANY , TO BE TAKEN ;
WHEREAS IT MAY BECOME APPARENT THAT THERE SHOULD BE EITHER COMMUNITY SURVEILLANCE OR SURVEILLANCE AT NATIONAL LEVEL OVER CERTAIN OF THESE IMPORTS ;
WHEREAS IN THIS CASE THE PUTTING INTO FREE CIRCULATION OF THE PRODUCTS CONCERNED SHOULD BE MADE SUBJECT TO PRODUCTION OF AN IMPORT DOCUMENT SATISFYING UNIFORM CRITERIA ; WHEREAS THAT DOCUMENT MUST , ON DECLARATION OR ON SIMPLE APPLICATION BY THE IMPORTER , BE ISSUED OR ENDORSED BY THE AUTHORITIES OF THE MEMBER STATES WITHIN A CERTAIN PERIOD BUT WITHOUT THE IMPORTER THEREBY ACQUIRING ANY RIGHT TO IMPORT ; WHEREAS THE DOCUMENT MUST THEREFORE BE VALID ONLY DURING SUCH PERIOD AS THE IMPORT RULES REMAIN UNCHANGED ;
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 , THEREFORE , PROTECTIVE MEASURES AGAINST A COUNTRY WHICH IS A CONTRACTING PARTY TO GATT MAY BE CONSIDERED ONLY IF THE PRODUCT IN QUESTION IS