EUR-Lex - 31971D0202 - EN

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 WHERE :

_ THE IMPORTATION INTO THE MEMBER STATE IN QUESTION OF SUCH PRODUCTS DIRECTLY FROM THE THIRD COUNTRY CONCERNED IS SUBJECT , IN CONFORMITY WITH THE TREATY , TO QUANTITATIVE RESTRICTIONS OR TO VOLUNTARY RESTRAINT ON THE PART OF THE THIRD COUNTRY CONCERNED UNDER A TRADE AGREEMENT WITH THE MEMBER STATE IN QUESTION ; AND

_ DEFLECTION OF TRADE IS TO BE FEARED BECAUSE OF DIVERGENCE BETWEEN THESE MEASURES AND THE MEASURES OF COMMERCIAL POLICY APPLIED IN OTHER MEMBER STATES .

HOWEVER , WHERE ANY QUOTA IS NOT RESERVED FOR IMPORTS COMING DIRECT FROM THE THIRD COUNTRY OF ORIGIN UNDER A TRADE AGREEMENT WITH THAT COUNTRY , THE MEMBER STATE MAY NOT AVAIL ITSELF OF THE POWERS PROVIDED FOR IN THE FIRST SUBPARAGRAPH UNTIL , TAKING ACCOUNT OF DIRECT AND INDIRECT IMPORTS ALREADY EFFECTED OR AUTHORISED , 80 % OF THE QUOTA HAS BEEN UTILISED .

2 . A MEMBER STATE MAY REQUIRE AN APPLICANT FOR AN IMPORT AUTHORISATION TO SUPPLY ALL RELEVANT INFORMATION CONCERNING THE DESCRIPTION OF THE PRODUCT , ITS ORIGIN AND PRICE , AND THE QUANTITY OR VALUE OF GOODS WHICH IT IS PROPOSED TO IMPORT , AND ALSO INFORMATION CONCERNING THE FREE CIRCULATION OF THE PRODUCT IN ANOTHER MEMBER STATE .

3 . IMPORT AUTHORISATIONS SHALL BE ISSUED AS PROMPTLY AS POSSIBLE AND IN ANY EVENT NOT LATER THAN EIGHT WORKING DAYS FOLLOWING SUBMISSION OF THE APPLICATION BY THE PARTY CONCERNED .

ARTICLE 2

1 . IF A MEMBER STATE FINDS THAT A PROPOSED IMPORTATION IS LIKELY TO CAUSE SUCH DEFLECTION OF TRADE AS COULD OBSTRUCT THE OPERATION OF MEASURES OF COMMERCIAL POLICY TAKEN IN CONFORMITY WITH THE TREATY , IT MAY WITHHOLD THE IMPORT AUTHORISATION APPLIED FOR , PROVIDED THAT , WITHIN THE TIME LIMIT SPECIFIED IN ARTICLE 1 ( 3 ) , A REQUEST FOR APPLICATION OF THE FIRST PARAGRAPH OF ARTICLE 115 OF THE TREATY IS PLACED BEFORE THE COMMISSION .

THE MEMBER STATE SHALL FORTHWITH INFORM THE APPLICANT FOR THE IMPORT AUTHORISATION OF ITS ACTION .

2 . THE MEMBER STATE CONCERNED SHALL TAKE A DECISION ON THE ISSUING OF THE IMPORT AUTHORISATION AS SOON AS THE DECISION OF THE COMMISSION CONCERNING APPLICATION OF THE FIRST PARAGRAPH OF ARTICLE 115 OF THE TREATY IS RECEIVED , AND IN ANY EVENT NOT LATER THAN TWELVE WORKING DAYS FOLLOWING SUBMISSION OF THE APPLICATION FOR THE IMPORT AUTHORISATION .

ARTICLE 3

THE REQUEST REFERRED TO IN ARTICLE 2 ( 1 ) MUST BE ACCOMPANIED BY ALL THE NECESSARY PARTICULARS AND MUST , IN PARTICULAR , GIVE :

_ AN EXACT DESCRIPTION AND THE TARIFF HEADING OF THE PRODUCT ;

_ THE COUNTRY OF ORIGIN OF THE PRODUCT ;

_ THE REGIME , WHETHER AUTONOMOUS OR CONVENTIONAL , APPLIED IN THE REQUESTING MEMBER STATE TO THE PRODUCTS IN QUESTION ORIGINATING IN THE THIRD COUNTRY CONCERNED , AND THE QUANTITY OR VALUE AND NATURE OF ANY QUOTA , WITH DETAILS OF THE EXTENT TO WHICH , TAKING ACCOUNT OF DIRECT IMPORTS ALREADY EFFECTED AND LICENCES ISSUED , THIS HAS BEEN UTILISED ;

_ THE EXPORTING MEMBER STATE ;

_ THE QUANTITY OR VALUE OF PRODUCTS ORIGINATING IN THE THIRD COUNTRY CONCERNED AND PUT INTO FREE CIRCULATION IN OTHER MEMBER STATES WHICH HAVE ALREADY BEEN IMPORTED OR IN RESPECT OF WHICH IMPORT AUTHORISATIONS HAVE ALREADY BEEN GRANTED DURING THE APPROPRIATE REFERENCE PERIOD ;

_ WHERE RELEVANT , ANY AVAILABLE INDICATION AS TO THE PRICE OF THE PRODUCT WHICH IT IS PROPOSED TO IMPORT AND THE PRICE OF LIKE DOMESTIC PRODUCTS , TOGETHER WITH ANY OTHER INFORMATION NECESSARY TO AN ASSESSMENT OF POSSIBLE ECONOMIC DIFFICULTIES ARISING IN THE REQUESTING MEMBER STATE ;

_ THE DATE ON WHICH THE APPLICATION FOR THE IMPORT AUTHORISATION WAS SUBMITTED .

ARTICLE 4

MEMBER STATES SHALL FORTHWITH INFORM THE COMMISSION AND THE OTHER MEMBER STATES OF MEASURES TAKEN UNDER ARTICLE 1 ( 1 ) AND ( 2 ) .

ARTICLE 5

THIS DECISION IS ADDRESSED TO THE MEMBER STATES .

DONE AT BRUSSELS , 12 MAY 1971 .

FOR THE COMMISSION

THE PRESIDENT

FRANCO M . MALFATTI