28.11.83 Official Journal of the European Communities No L 332/37 COUNCIL DECISION of 26 October 1983 concerning counter-measures in the field of international merchant shipping (83/ 573/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the Euro- pean Economic Community, and in particular Article 84 (2) thereof, v Whereas the results of the maritime information sys- ‘tem set up under the provisions of Decisions 78/ 774/EEC ('), 79/4/EEC (?), 80/1181/EEC (3), 81/ 189/EEC (%) and 82/870/EEC (), together with the experience of certain Member States, show that it would be advisable to define an appropriate Com- munity procedure concerning counter-measures in " the field of international merchant shipping in rela- tion to third countries to be taken by the Member States concerned, HAS ADOPTED THIS DECISION: Article 1 A Member State which has adopted or intends to adopt counter-measures in the field of international merchant shipping in relation to third countries shall consult the other Member States and the Com- mission in accordance with the consultation proce- dure established by Decision 77/587/EEC (5). Article 2 1. The Member States shall endeavour, within the framework of the consultation referred to in Article 1, to concert any counter-measures they may take. " 2. The Council may, acting unanimously, decide on the joint application by Member States of appro- (') OJ No L 258,21.9. 1978, p. 35. () OJNoLS,9.1.1979, p. 31. () OJ No L 350, 23. 12. 1980, p. 44. (9 OJ No L 88,2.4.1981, p. 32. () OJ No L 368, 28. 12. 1982, p. 42. (%) OJ NoL239,17.9.1977, p. 23. priate counter-measures forming part of their national legislation. Article 3 When engaging in the consultation referred to in Article 1, Member States should, if appropriate, specify as far as possible the following: ' (a) the developments which have caused counter- measures to be taken; (b) the shipping area to which the counter-measure is to apply; (c) the nature of the shipping servnce affected (for example liner trafﬁc) (d) the nature of the counter-measures taken or to be taken; (e) the duration of the counter-measure; (f) the proportionality of the counter~measure to the damage suffered. | Article 4 The Member States shall remain free to apply national counter-measures unilaterally. Article 5 “The Decision is addressed to the Member States. Done at Luxembourg, 26 October 1983. For the Council The President G. MORAITIS