The Commission shall confirm the provisions involved after having verified that they  are not a means of arbitrary discrimination or a disguised restriction on trade  between Member States.

By way of derogation from the procedure laid down in Articles 169 and 170, the  Commission or any Member State may bring the matter directly before the Court of  Justice if it considers that another Member State is making improper use of the  powers provided for in this Article.

5. The harmonization measures referred to above shall, in appropriate cases, include  a safeguard clause authorizing the Member States to take, for one or more of the non  economic reasons referred to in Article 36, provisional measures subject to a  Community control procedure.

Article l00b

1. During 1992, the Commission shall, together with each Member State, draw up an  inventory of national laws, regulations and administrative provisions which fall  under Article l00a and which have not been harmonized pursuant to that Article.

The Council, acting in accordance with the provisions of Article 100a, may decide  that the provisions in force in a Member State must be recognized as being  equivalent to those applied by another Member State.

2.The provisions of Article l00a  ( 4 ) shall apply by analogy.

3.The Commission shall draw up the inventory referred to in the first subparagraph  of paragraph 1 and shall submit appropriate proposals in good time to allow the  Council to act before the end of 1992.

Article l00c ( * )

( * ) As inserted by Article G( 23 ) TEU.

1. The Council, acting unanimously on a proposal from the Commission and after  consulting the European Parliament, shall determine the third countries whose  nationals must be in possession of a visa when crossing the external borders of the  Member States.

2. However, in the event of an emergency situation in a third country posing a threat  of a sudden inflow of nationals from that country into the Community, the Council,  acting by a qualified majority on a recommendation from the Commission, may  introduce, for a period not exceeding six months, a visa requirement for nationals  from the country in question. The visa requirements established under this paragraph  may be extended in accordance with the procedure referred to in paragraph 1.

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