EUR-Lex - 31973D0055 - EN

ARTICLE 1

1 . THE SECOND SUBPARAGRAPH OF ARTICLE 1 ( 1 ) OF THE DECISION OF 12 MAY 1971 IS HEREBY REPEALED .

2 . ARTICLE 2 OF THE SAID DECISION IS AMENDED TO READ AS FOLLOWS :

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

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

2 . 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 PROVISIONS OF THE PRECEDING PARAGRAPH UNTIL , TAKING ACCOUNT BOTH OF DIRECT AND OF INDIRECT IMPORTS ALREADY CARRIED OUT OR AUTHORIZED , THE AMOUNT OF THE QUOTA IS ABOUT TO BE EXCEEDED .

3 . THE MEMBER STATE CONCERNED SHALL TAKE A DECISION WHETHER OR NOT TO ISSUE AN IMPORT AUTHORIZATION AS SOON AS IT RECEIVES NOTIFICATION OF THE DECISION OF THE COMMISSION CONCERNING THE IMPLEMENTATION OF THE FIRST PARAGRAPH OF ARTICLE 115 OF THE TREATY , AND IN ANY EVENT NOT LATER THAN 12 WORKING DAYS FOLLOWING SUBMISSION OF THE APPLICATION FOR AN IMPORT AUTHORIZATION . "

ARTICLE 2

THIS DECISION IS ADDRESSED TO THE MEMBER STATES .

DONE AT BRUSSELS , 9 MARCH 1973 .

FOR THE COMMISSION

THE PRESIDENT

FRANCOIS-XAVIER ORTOLI