31969R2591

Official Journal of the European Communities 571

27.12.69 Official Journal of the European Communities No L 324/1

REGULATION (EEC) No 2591/69 OF THE COUNCIL

of 18 December 1969 laying down conditions for applying protective measures in the market in cereals

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Whereas, since recourse to protective measures depends on the effect of trade with third countries on the Community market, the situation on this market Having regard to the Treaty establishing the must be assessed by taking account not only of the European Economic Community ; factors peculiar to the market its,elf but also of the factors connected with the development of that trade; Having regard to Council Regulation No 120/67/EEC1 of 13 June 1967 on the common organisation of the market in cereals, as last amended Whereas the measures which may be taken in by Regulation (EEC) No 2463/69,2 and in particular application of Article 20 of Regulation No Article 20 ( 1) thereof; 120/67/EEC should be laid down; whereas those measures must be such as to put an end to serious disturbances on the market and the threat of such Having regard to the proposal from the Commission; disturbances ; whereas they must be suited to the circumstances if they are not to have other than the Having regard to the Opinion of the European desired effects ; Parliament3 ;

"Whereas Article 20 ( 1 ) of Regulation No 120/67/EEC Whereas the organisation of the market in cereals makes provision for the application of appropriate includes a system of licences and a system of fixing measures if, by reason of imports or exports, the levies and refunds in advance; whereas in view of the Community market in one or more of the products existence of these systems rules should be laid down listed in Article 1 thereof experiences or is threatened whereby interim protective measures at Community with serious disturbances which may endanger the level can be decided upon after a summary objectives set out in Article 39 of the Treaty; whereas examination of the situation ; these measures relate to trade with third countries ; whereas they will no longer apply when the disturbance or threat of disturbance has ceased ; Whereas recourse by a Member State to Article 20 of Regulation No 120/67/EEC should be limited to a case in which the market of that State, following an Whereas it is for the Council to adopt detailed rules assessment based on the above-mentioned factors, is for the application of Article 20 ( 1 ) of that regarded as fulfilling the conditions of that Article; Regulation and define the cases in which and the whereas the measures which may be taken in that limits within which Member States may take interim case should be designed to prevent the market protective measures ; situation from deteriorating further; whereas, however, they must be of an interim nature; whereas Whereas, therefore, the main factors to be used in this interim nature of national measures justifies their assessing whether the Community market is seriously application only until the entry into force of a disturbed or threatened with disturbance should be Community decision on the subject; determined;

Whereas the Commission is required to take a decision on Community protective measures to be 1 OJ No 117, 19.6.1967, p. 2269/67. applied in response to a request from a Member State 2 OJ No L 312, 12.12.1969, p . 3 . within twenty-four hours following receipt of the 3 OJ No C 97, 28.7.1969, p. 89. request; whereas, in order that the Commission may

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assess the situation on the market with the greatest (c) the total or partial rejection of outstanding effectiveness, provision should be made to ensure that applications for the advance fixing of levies or it is informed as quickly as possible of any interim refunds and for the issue of licences . protective measures applied by a Member State; whereas, therefore, provision should be made for the 2. These measures may only be taken to such Commission to be notified of any such measures as extent and for such length of time as is strictly soon as they have been adopted and for such necessary. They may not extend to products other notification . to be treated as a request within the than those imported from or intended for third meaning of Article 20 (2) of Regulation No countries. They may be restricted to products 120/67/EEC ; imported from or originating in particular countries, to exports to particular countries or to particular qualities or types of presentation. They may be restricted to imports intended for particular regions HAS ADOPTED THIS REGULATION : of the Community or to exports from such regions.

3 . The rejection of applications mentioned in Article 1 paragraph 1 shall apply to those submitted during the periods in which the suspensions mentioned in Article 3 or Article 4 have been in force. In order to assess whether the Community market in one or more of the products listed in Article 1 of Regulation No 120/67/EEC is, by reason of imports However, if as a result of unexpected circumstances or exports, experiencing or threatened with serious there is or is likely to be a variation in prices such disturbances which may endanger the objectives set that it is clear that the levy or refund no longer fulfils out in Article 39 of the Treaty, particular account its purpose, the rejection may relate to applications shall be taken of : submitted from the time when such circumstances become apparent. ( a) the quantities of products for which import or export licences have been issued or applied for;

( b) the quantities of products available on the Article 3 Community market; (c) the prices recorded on the Community market or After a summary examination of the situation based on the factors set out in Article 1 , the Commission the foreseeable trend of these prices and in may establish by Decision that the conditions for particular any excessive upward trend thereof, or applying Article 20 (2) of Regulation No 120/67/EEC in the case of products for which no intervention price has been fixed, any excessive downward are fulfilled. The Commission shall notify Member trend thereof; States of its Decision and shall publish it on a notice-board at its headquarters. (d) the quantities of products for which intervention measures have been taken or may need to be The consequence of that Decision for the products in taken if the above-mentioned situation arises as a question shall be the temporary suspension of the result of imDorts . advance fixing of levies or refunds and of the issue of licences from the time fixed for the purpose, that time being subsequent to the notificatioh .

Article 2 The Decision shall apply for not more than forty-eight hours, without prejudice to the provisions 1 . The measures which may be taken under Article of the second sentence of Article 20 (2) of Regulation No 120 /67/EEC . 20 (2) and (3 ) of Regulation No 120/67/EEC, should the situation mentioned in Article 20 ( 1 ) arise, shall be :

Article 4 ( a) the total or partial suspension of the advance fixing of levies or refunds, including the refusal of fresh applications ; 1 . A Member State may take one or more interim protective measures if, after an assessment based on (b) the total or partial suspension of the issue of the factors set out in Article 1 , it considers that the import or export licences, including the refusal of situation foreseen in Afticle 20 ( 1 ) of Regulation No fresh applications ; 120/67/EEC has arisen in its own territory.

Official Journal of the European Communities 573

Interim protective measures may comprise : been decided on . Such notification shall be treated as a request within the meaning of Article 20 (2) of (a) the total or partial suspension of the advance Regulation No 120/67/EEC . These measures shall fixing of levies or refunds; apply only until the Decision taken by the (b) the total or partial suspension of the issue of Commission on this matter enters into force. import or export licences.

The provisions of Article 2 (2) shall apply. Article 5

2. The Commission shall be notified by telex of This Regulation shall enter into force on 1 January the interim protective measures as soon as they have 1970 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels , 18 December 1969 .

For the Council

The President

P. LARDINOIS