31969R2592

574 Official Journal of the European Communities

27.12.69 Official Journal of the European Communities No L 324/3

REGULATION (EEC) No 2592/69 OF THE COUNCIL

of 18 December 1969

laying down conditions for applying protective measures in the market in rice

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 European Economic Community; ( must be assessed by taking account not only of the factors peculiar to the market itself but also of the factors connected with the development of that trade; Having regard to Council Regulation No 359/67/EEC1 of 25 July 1967 on the common organisation of the market in rice, as last amended by Whereas the measures which may be taken in Regulation (EEC) No 2463 /69,2 and in particular application of Article 22 of Regulation No Article 22 ( 1 ) thereof ; 359/67/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 the organisation of the market in rice Whereas Article 22 ( 1 ) of Regulation No 359/67/EEC includes a system of licences and a system of fixing makes provision for the application of -appropriate levies and refunds in advance; whereas in view of the measures if, by reason of imports or exports, the existence of these systems rules should be laid down Community market in one or more of the products whereby interim protective measures at Community listed in Article 1 thereof experiences or is threatened level can be decided upon after a summary with serious disturbances which may endanger the examination of the situation; objectives set out in Article 39 of the Treaty; whereas these measures relate to trade with third countries, whereas they will no longer apply when the Whereas recourse by a Member State to Article 22 of disturbance or threat of disturbance has ceased ; Regulation No 359/67/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 22 (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 this interim nature of national measures justifies their Whereas, therefore, the main factors to be used in application only until the entry into force of a assessing whether the Community market is seriously Community decision on the subject; disturbed or threatened with disturbance should be determined ; Whereas the Commission is required to take a decision on Community protective measures to be applied in response to a request from a Member State 1 OJ No 174, 31.7.1967, p. 1 . within twenty-four hours following receipt of the 2 OJ No L 312, 12.12.1969 , p. 3 . request; whereas, in order that the Commission may 3 OJ No 97, 28.7.1969, p. 89. assess the situation on the market with the greatest

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effectiveness, provision should be made to ensure that ( c) the total or partial rejection of outstanding it is informed as quickly as possible of any interim applications for the advance fixing of levies or protective measures applied by a Member State; refunds and for the issue of licences . whereas, therefore, provision should be made for the Commission to be notified of any such measures as 2. These measures may only be taken to such soon as they have been adopted and for such extent and for such length of time as is strictly notification to be treated as a request within the necessary. They may not extend to products other meaning of Article 22 (2) of Regulation No than those imported from or intended for third 359/67/EEC ; countries. They may be restricted to products imported from or originating in particular countries, to exports to particular countries or to particular qualities or types of presentation. They may be HAS ADOPTED THIS REGULATION : restricted to imports intended for particular regions of the Community or to exports from such regions .

Article 1 3 . The rejection of applications mentioned in paragraph 1 shall apply to those submitted during the periods in which the suspensions mentioned in In order to assess whether the Community market in Article 3 or Article 4 have been in force . one or more of the products listed in Article 1 ( 1 ) of Regulation No 359/67/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; After a summary examination of the situation based (c) the prices recorded on the Community market or 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 22 (2) of Regulation No 359/67/EEC in the case of products for which no intervention are fulfilled. The Commission shall notify Member price has been fixed, any excessive downward States of its Decision and shall publish it on a trend thereof; 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 imports . 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 notification. 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 22 (2) of Regulation 22 (2) and (3 ) of Regulation No 359/67/EEC, should No 359 /67/EEC . the situation mentioned in Article 22 ( 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 Article 22 ( 1 ) of Regulation fresh applications ; No 359/67/EEC has arisen on its own territory.

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Interim protective measures may comprise : been decided on. Such notification shall be treated as a request within the meaning of Article 22 (2) of (a) the total or partial suspension of the advance Regulation No 359/67/EEC. These measures shall fixing of levies or refunds; apply only until the Decision taken by the Commission on this matter enters into force. ( b) the total or partial suspension of the issue of import or export licences.

Article5¶

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