
Article 1 
This Decision shall apply to imports into a Member State of products originating in a third country and put into free circulation in the Community which are not subject to uniform conditions of import in the Member States.
Article 2 

1. Where there is a danger that imports into a Member State of a product referred to in Article 1 will give rise to economic difficulties, imports of that product may, following an authorization given by the Commission for a specific period, be made subject to the issue of an import document.
2. As a general rule the Commission will not give the authorization referred to in paragraph 1 unless:
(a) there have been significant imports of the product in question from other Member States in the calendar year preceding the year in which the application is made;
(b) import opportunities for the product in question opened by the Community vis-à-vis the third country of origin exceed 1 % of the total import opportunities opened by the Community vis-à-vis all third countries subject to similar rules.
3. Without prejudice to Article 3, the import document shall be issued by the Member State concerned, for any quantity requested and free of charge, within a maximum period of five working days from the date of application by the importer irrespective of where he has his place of business in the Community.
4. For the purpose of obtaining the authorization referred to in paragraph 1, the Member State shall supply the following particulars in its request to the Commission:
(a) a description of the product and details of its trade designation, its heading number in the Common Customs Tariff, the NIMEXE code and its country of origin;
(b) the rules governing direct imports vis-à-vis the country of origin and other third countries, including where appropriate the tariff arrangements, the volume and/or quantity of import opportunities and also the economic considerations on which the rules are based;
(c) the volume or quantity of imports of the product in question:
— originating in the third country concerned, broken down between direct imports and products in free circulation,
— originating in all third countries,
— originating in the Community;
(d) the economic difficulties of which there is alleged to be a danger, as indicated by factors such as consumption of the product and respective market shares held by national production, the third country concerned and all third countries.The information required under subparagraphs (c) and (d) shall cover the two preceding years and the current year. Where this information cannot be supplied with the accuracy required or cannot be supplied in time, the Member State's request shall contain the information available.
5. The Member State that has received the authorization referred to in paragraph 1 may require from an applicant for an import document only the following information and data:
(a) details identifying the importer and the consignor in the exporting Member State;
(b) the country of origin and the exporting Member State;
(c) a description of the product with details of:
— its trade designation,
— its heading number in the Common Customs Tariff and the NIMEXE code;
(d) the value and the quantity of the product in the units customarily in use in trade;
(e) the scheduled date or dates for delivery;
(f) supporting evidence that the product is in free circulation: if the products are not yet in free circulation on the date when the application for importation is made or if the supporting evidence cannot be provided by this date, the import document shall be granted but its validity shall be limited to one month following receipt of the document by the applicant.
Article 3 

1. Where imports into a Member State of a product referred to in Article 1 give rise to economic difficulties, the Member State in question may take protective measures after obtaining authorization by the Commission, which shall determine the conditions and details of such measures.
2. The Commission shall only grant authorization for a limited period and where the gravity of the situation so warrants.
3. For the purpose of obtaining authorization the Member State shall supply in its request to the Commission the following particulars and data, in addition to those referred to in Article 2 (4) (a) and (b):
(a) the exporting Member State;
(b) the date on which the application for an import document was made;
(c) the volume or quantity of imports of the product in question actually effected or authorized:
— originating in the third country concerned, broken down between direct imports and imports of products in free circulation,
— originating in other third countries in respect of which the requesting Member State maintains similar import arrangements or arrangements having equivalent effect,
— originating in all third countries,
— originating in the Community;
(d) where possible, the volume or quantity of re-exports of the product originating in the third country concerned to other Member States and to third countries;
(e) the alleged economic difficulties as shown by the trend of such factors as: production, utilization of capacity, consumption, sales, market shares held by the third country concerned, all third countries and national production respectively, prices (that is to say, depressed prices or prevention of normal price rises), profits or losses, employment;
(f) at the Commission's request, the measures taken or proposed to remedy the situation of the sector in question.The information required under subparagraphs (c), (d) and (e) shall cover the two preceding years and the current year.Where this information cannot be supplied with the accuracy required or cannot be supplied in time, the Member State's request shall contain the information available. Where it considers it necessary, the Commission may hold an inquiry to check the validity of the information supplied by Member States.In that case it may, where a lack of protective measures would result in the danger of material injury to the sector in question, authorize the application of protective measures on a provisional basis, pending the results of the inquiry.
4. The introduction of the request by the Member State may not prevent the issue under the conditions and within the period laid down in Article 2 of import documents for which application was made prior to the Commission's decision.
5. However, where the Member State finds that the volume or total quantity covered by applications pending in respect of the product in question originating in the third country concerned is more than either 5 % of possible direct imports from the third country concerned or 1 % of total extra-EEC imports during the last 12-month period for which statistical information is available:
— the maximum period for the issue of import documents shall be increased to 10 working days from the date of the application by the importer,
— the Member State may reject the application for import documents if the Commission's decision authorizes it to do so.
6. The Member State shall make the request for protective measures by telex or telefax. A copy shall be sent simultaneously and by the same means to the relevant departments designated by the other Member States for that purpose. It shall inform applicants for import documents of the introduction of a request for protective measures.
7. The Commission shall decide on the Member State's request within five working days of its receipt.
Article 4 

1. As part of completion of formalities in connection with the import of products which are subject to intra-Community surveillance measures or protective measures, the relevant authorities of the importing Member State may ask the importer to state the origin of the products on the customs declaration or on the application for an import document.
2. Additional proof may be requested only at customs clearance and in cases where serious and well-founded doubts make such proof essential in order to establish the true origin of the products in question. However, a request for such additional proof may not in itself prevent the import of the goods.
Article 5 
The procedures laid down by this Decision shall apply where the effectiveness of commercial policy measures applied by the Member States pursuant to the international obligations of the Community is jeopardized by deflections of trade with the exception of the elements referred to in Article 2 (4) (d) and Article 3 (3) (e).
Article 6 

1. This Decision shall apply with effect from 1 October 1987.
2. Commission Decision 80/47/EEC shall be repealed as from that date. References to the repealed Decision shall be understood to refer to this Decision.
Article 7 
This Decision is addressed to the Member States.
Done at Brussels, 22 July 1987.
For the Commission
Willy DE CLERCQ
Member of the Commission