No L 238/26 Official Journal of the European Communities 21. 8. 87 (Acts whose publication is not obligatory) COMMISSION 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) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing, the European Economic Community, and in particular Article 115 thereof, Whereas Article 30 et sequitur of the Treaty, concerning the elimination of quantitative restrictions and all measures having equivalent effect, apply without distinc- tion to products originating in the Community and those that have been put into free circulation in any of the Member States irrespective of their origin ; Whereas under these arrangements the requirement, be it purely formal, in intra-Community trade of an import licence or any similar procedure is prohibited ; Whereas, in addition, Article 9 (2) of the Treaty precludes any administrative procedure designed to establish diffe- rent rules for the movement of goods according to whether they originate in the Community or originated in third countries and have been put into free circulation in one of the Member States ; Whereas, however, the full application of these principles presupposes the effective establishment of a common commercial policy ; Whereas the establishment of a common commercial policy is not yet complete ; whereas the measures applied by the Member States in respect of some products from third countries have not yet been replaced by uniform common rules ; Whereas the fact that the common commercial policy has not yet been fully established means that there will still be disparities among the Member States’ commercial poli- cies which are likely to cause deflections of trade, which Article 115 of the Treaty is designed to prevent; Whereas to this end the Commission is empowered to authorize the Member States to take intra-Community surveillance measures or protective measures, notwithstan- ding the principle of free movement within the Commu- nity of goods originating in"third countries and put into free circulation in one of the Member States; whereas, however, Article 115 provides that these measures can be authorized only where necessary and that the Commis- sion shall give priority to those measures which cause least disturbance to the functioning of the common market ; whereas the result is that at the present stage of establishment of the common market the measures under Atrticle 115 of the Treaty should be authorized only where deflectioris of trade lead to economic difficulties or jeopardize the effectiveness of commercial policy measures taken by Member States pursuant to the Community’s international obligations ; ' Whereas the Single European Act provides for the esta- blishment, as from 1 January 1993, of an area without internal frontiers in which goods, services and capital will ' be able to move freely ; whereas this implies, on the one hand, that the disparities still existing among commercial policies applied by the Member States shall be progressi- vely eliminated or reduced and, on the other, that the Commission must be fully aware of these objectives when assessing the need to authorize measures pursuant to Article 115 of the Treaty; '