14. 5. 87 Official Journal of the European Communities No L 125/1 I (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 1316/87 of 11 May 1987 on the safeguard measures provided for in the Third ACP-EEC Convention THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof, Having regard to the proposal from the Commission, Whereas the detailed rules for implementing the safe- guard clauses provided for in Chapter 1 of Title I of Part 3 of the Third ACP-EEC Convention signed at Lomé on 8 December 1984 (hereinafter called ‘the Convention’) should be laid down in such a way as to enable the Community and the Member States to comply with the obligations they have assumed in this connection ; Whereas this Regulation lays down specific provisions in relation to the general rules provided for in particular in Council Regulation (EEC) No 288/82 of 5 February 1982 on common rules for imports (*) insofor as this is made necessary by the provisions of the Convention ; Whereas, when examining whether a safeguard measure should be introduced, account should be taken of the undertakings given in Article 139 (2), (3) and (4) and in Article 142 of the Convention ; Whereas the procedures concerning the safeguards clauses provided for in the Treaty establishing the European Economic Community and in the Regulations on the common organization of agricultural markets are also applicable ; Whereas thése provisions replace those of Council Regu- lation (EEC) No 1470/80 of 9 June 1980 on the safeguard measures provided for in the Second ACP-EEC Conven- tion (%), HAS ADOPTED THIS REGULATION : Article 1 1. Where a Member State asks the Commission to apply safeguard measures as provided for in Article 139 of () OJ No L 35, 9. 2. 1982, p. 1. () OJ No L 147, 13. 6. 1980, p. 4. the Convention, the Commission shall inform the Council within three working days of the action which it intends to take on this request. If the Commission decides not to apply safeguard measures, any Member State may refer this decision to the Council within 10 working days of notification of the Commission’s position. The Council shall meet without delay. Acting by a qualified majority, it may amend the decisions taken by the Commission. 2. Where the Commission, at the request of a Member State or on its own initiative, decides that safeguard measures as provided for in Article 139 of the Convention should be applied : . — it shall inform the Member States forthwith, — at the same time it shall inform the African, Carib- bean and Pacific States (ACP) and shall notify them of the opening of the consultations referred to Article 140 (1) of the Convention, — at the same time it shall supply the ACP States with all the information necessary for these consultations. 3. The Commission shall be assisted during the consultations referred to in paragraph 2 by a Committee composed of representatives of the Member States and chaired by a Commission representative. The consultations shall at all events be deemed completed after 21 days have succeeded the notification provided for in paragraph 2. Following, the consultations, or as the case may be, on expiry of this period of 21 days, and if it has not been possible to conclude any other arrangement, the Commis- sion may take appropriate measures to implement Article 139 of the Convention. 4. The measures referred to in paragraph 3 shall be notified immediately to the Member States and to the ACP States. They shall be applicable immediately.