No L 147/4 Official Journal of the European Communities 13. 6. 80 COUNCIL REGULATION (EEC) No 1470/80 of 9 June 1980 on the safeguard measures provided for in the second 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 the second ACP-EEC Convention signed in Lomé on 31 October 1979 (hereinafter called ‘the Convention’) should be such 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 parti- cular in Council Regulation (EEC) No 926/79 of 8 May 1979 on common rules for imports (') in so far 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 Articles 12 (2) (3) and (4) and 15 of the Convention and in the Commu- nity declaration on Article 12 (3); Whereas the procedures concerning the safeguard clauses provided for in the Treaty establishing the European Economic Community and in the Regula- tions on the common organization of agricultural markets are also applicable ; Whereas these provisions replace those of Council Regulation (EEC) No 157/76 of 20 January 1976 on the safeguard measures provided for in the ACP-EEC Convention of Lomé (2), HAS ADOPTED THIS REGULATION : Article 1 1.  Where a Member State asks the Commission to apply safeguard measures as provided for in Article 12 of 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 (') OJ No L 131, 29. 5. 1979, p. 15. () OJ No L 18, 27. 1. 1976, p. 1. 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 decision taken by the Commission. 2.  Where the Commission, at the request of a Member State or on its own initiative decides that safe- guard measures as provided for in Article 12 of the Convention should be applied : — it shall inform the Member States forthwith, — at the same time it shall inform the ACP States and shall notify them of the opening of the consul- tations referred to in Article 13 (1) of the Conven- tion, — at the same time it shall also supply the ACP States with all the information necessary for these consultations. 3. The Commission shall be assisted during the consultations by a Committee composed of representa- tives of the Member States and chaired by a Commis- sion representative. The consultations shall at all events be deemed completed after 21 days have succeeded the notifica- tion 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 Commission may take appropriate measures to imple- ment Article 12 of the Convention. 4. These measures shall be notified immediately to the Member States and to the ACP States. They shall be applicable immediately. 5. Any Member State may refer a Commission deci- sion adopted pursuant to paragraph 3 to the Council within 10 working days of notification of these measures. 6. If the Commission has not taken a decision within 10 working days following the end of the consultations or, as the case may be, the end of the .period of 21 days, any Member State which has referred the matter to the Commission in accordance with paragraph 1 may refer it to the Council. 7. In the cases referred to in paragraphs § and 6 the Council shall meet without delay. Acting by a quali-