11985I379

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Article 379

1 . If , before 31 December 1992 , the difficulties arise which are serious and liable to persist in any sector of the economy or which could bring about serious deterioration in the economic situation of a given area , a new Member State may apply for authorization to take protective measures in order to rectify the situation and adjust the sector concerned to the economy of the common market .

In the same circumstances , any present Member State may apply for authorization to take protective measures with regard to one or both of the new Member States .

This provision shall apply until 31 December 1995 for products or sectors in respect of which this Act allows transitional derogations of equivalent duration .

2 . On application by the State concerned , the Commission shall , by emergency procedures , determine the protective measures which it considers necessary specifying the circumstances and the manner in which they are to be put into effect .

In the event of serious economic difficulties and at the express request of the Member State concerned , the Commission shall act within five working days of the receipt of the request , accompanied by the relevant background information . The measures thus decided on shall be applicable forthwith .

In the agricultural and fisheries sector , without prejudice to the provisions of Chapter 3 of Titles II and III , where trade between the Community as at present constituted and one or other new Member State or between them causes or threatens to cause serious disturbances on the market of a Member State , the Commission shall act upon a request by the Member State concerned for the application of such protective measures as it considers necessary within 24 hours of receiving such request . The measures thus decided on shall be applicable forthwith and shall take account of the interests of all parties concerned and , in particular , transport problems .

3 . The measures authorized under paragraph 2 may involve derogations from the rules of the EEC Treaty and the ECSC Treaty , and of this Act to such an extent and for such periods as are strictly necessary in order to attain the objectives referred to in paragraph 1 . Priority shall be given to such measures as will least disturb the functioning of the common market .

4 . If difficulties rise which are serious and liable to persist in the employment market of the Grand Duchy of Luxembourg , that State may apply for authorization , in accordance with the procedure set out in the first and second subparagraphs of paragraph 2 and under the conditions defined in paragraph 3 , to apply provisionally until 31 December 1995 protective measures within the framework of national provisions governing change in employment , with regard to workers who are nationals of a new Member State allowed to immigrate to the Grand Duchy after the date of that authorization with a view to taking up employment there .