{
  "url": "https://openlegislation.uk/eu-decision-1987-433/article-3",
  "json_url": "https://openlegislation.uk/eu-decision-1987-433/article-3.json",
  "legislation": "eudn/1987/433",
  "legislation_title": "Commission Decision of 22 July 1987 on surveillance and protective measures which Member States may be authorized to take pursuant to Article 115 of the EEC Treaty (87/433/EEC)",
  "legislation_url": "https://openlegislation.uk/eu-decision-1987-433",
  "path": "article/3",
  "kind": "article",
  "number": "3",
  "heading": "Protective measures",
  "text": "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.\n2. The Commission shall only grant authorization for a limited period and where the gravity of the situation so warrants.\n3. 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):\n(a) the exporting Member State;\n(b) the date on which the application for an import document was made;\n(c) the volume or quantity of imports of the product in question actually effected or authorized:\noriginating in the third country concerned, broken down between direct imports and imports of products in free circulation,\noriginating in other third countries in respect of which the requesting Member State maintains similar import arrangements or arrangements having equivalent effect,\noriginating in all third countries,\noriginating in the Community;\n(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;\n(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;\n(f) at the Commission's request, the measures taken or proposed to remedy the situation of the sector in question.\nThe information required under subparagraphs (c), (d) and (e) shall cover the two preceding years and the current year.\nWhere 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.\nIn 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.\n4. 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.\n5. 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:\nthe maximum period for the issue of import documents shall be increased to 10 working days from the date of the application by the importer,\nthe Member State may reject the application for import documents if the Commission's decision authorizes it to do so.\n6. 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.\n7. The Commission shall decide on the Member State's request within five working days of its receipt.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/1987/433/article/3",
    "retrieved_at": "2026-11-01T15:20:12.090325+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}