31969R2593

Official Journal of the European Communities 577

No L 324/6 Official Journal of the European Communities 27.12.69

REGULATION (EEC) No 2593 /69 OF THE COUNCIL of 18 December 1969

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

THE COUNCIL OF THE EUROPEAN COMMUNITIES, factors peculiar to the market itself but also of the factors connected with the development of that trade ; Having regard to the Treaty establishing the European Economic Community ; Whereas the measures which may be taken in application of Article 18 of Regulation No Having regard to Council Regulation No 121 /67/EEC should be laid down ; whereas those 121/67/EEC1 of 13 June 1967 on the common measures must be such as to put an end to serious organisation of the market in pigmeat, as last disturbances on the market and the threat of such amended by Regulation (EEC) No 2463 /69,2 and in disturbances ; whereas they must be suited to the particular Article 18 ( 1 ) thereof; circumstances if they are not to have other than the desired effects ; Having regard to the proposal from the Commission ;

Having regard to the Opinion of the European Whereas both the criteria for assessing the situation Parliament3 ; on the market and the measures required to deal with that situation must be determined in the light of the Whereas Article 18 ( 1 ) of Regulation No 121 /67/EEC fact that the Regulations adopted on trade in pigmeat makes provision for the application of appropriate do not yet include a system of import licences ; measures if, by reason of imports or exports, the Community market in one or more of the products Whereas recourse by a Member State to Article 18 of listed in Article 1 thereof experiences or is threatened Regulation No 121/67/EEC should be limited to a with serious disturbances which may endanger the case in which the market of that State, following an objectives set out in Article 39 of the Treaty ; whereas assessment based on the above-mentioned factors, is these measures relate to trade with third countries ; regarded as fulfilling the conditions of that Article ; whereas they will no longer apply when the whereas the measures which may be taken in that disturbance or threat of disturbance has ceased ; case should be designed to prevent the market situation from deteriorating further; whereas, Whereas it is for the Council to adopt detailed rules however, they must be of an interim nature ; whereas for the application of Article 18 ( 1 ) of that this interim nature of national measures justifies their Regulation and define the cases in which and the application only until the entry into force of a limits within which Member States may take interim Community decision on the subject; protective measures ; Whereas the Commission is required to take a Whereas, therefore, the main factors to be used in decision on Community protective measures to be assessing whether the Community market is seriously applied in response to a request from a Member State disturbed or threatened with disturbance should be within twenty-four hours following receipt of the determined ; request; Whereas, in order that the Commission may Whereas, since recourse to protective measures assess the situation on the market with the greatest depends on the effect of trade with third countries on effectiveness, provision should be made to ensure that the Community market, the situation on this market it is informed as quickly as possible of any interim must be assessed by taking account not only of the protective measures applied by a Member State; whereas, therefore, provision should be made for the Commission to be notified of any such measures as soon as they have been adopted and for such 1 OJ No 117, 19.6.1967, p. 2283/67. notification to be treated as a request within the 2 OJ No L 312, 12.12.1969, p. 3 . meaning of Article 18 (2) of Regulation No 3 OJ No C 97, 28.7.1969, p. 89. 121 /67/EEC ;

578 Official Journal of the European Communities

HAS ADOPTED THIS REGULATION : qualities or types of presentation. They may be restricted to imports intended for particular regions of the Community or to exports from such regions. Article 1

Article 3 In order to assess whether the Community market in one or more of the products listed in Article 1 ( 1 ) of 1 . A Member State may take one or more interim Regulation No 121 /67/EEC is, by reason of imports protective measures if, after an assessment based on or exports, experiencing or threatened with serious the factors set out in Article 1 , it considers that the disturbances which may endanger the objectives set situation foreseen in Article 18 (1 ) of Regulation No out in Article 39 of the Treaty, particular account 121 /67/EEC has arisen on its own territory. shall be taken of : Interim measures may comprise : ( a) the volume of imports or exports effected or foreseen ; ( a) the suspension of imports or exports ;

(b) the quantities of products available on the ( b ) the requirement that export charges should be Community market; deposited or secured.

(c) the prices recorded on the Community market or The measure mentioned in (b) shall not result in the the foreseeable trend of these prices and in payment of charges unless it is so decided in particular any excessive upward or downward accordance with Article 18 (2) or (3 ) of Regulation trend thereof; No 121 /67/EEC . (d) the quantities of products for which intervention The provisions of Article 2 (2) of this Regulation measures have been taken or may need to -be shall apply. taken if the above-mentioned situation arises as a 2. The Commission shall be notified by telex of result of imports . the interim protective measures as soon as they have been decided on . Such notification shall be treated as Article 2 a request within the meaning of Article 18 (2) of Regulation No 121/67/EEC . These measures shall 1 . The measures which may be taken under Article apply only until the decision taken by the 18 (2) and (3 ) of Regulation No 121 /67/EEC, should Commission on this matter enters into force . the situation mentioned in Article 18 ( 1 ) arise, shall be the suspension of imports or exports or the Article 4 levying of charges on exports. The charges provided for in Article 2 ( 1 ) shall be 2. These measures may only be taken to such considered as levies in relation to third countries extent and for such length of time as is strictly within the meaning of Article 11 (4) of Council necessary. They shall take account of the special Regulation No 130/66/EEC1 of 26 July 1966 on the situation of products already on their way to the financing of the common agricultural policy. Community. They may not extend to products other than those imported from or intended for third Article 5 countries. They may be restricted to products imported from or originating in particular countries, This Regulation shall enter into force on 1 January to exports to particular countries or to particular 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

1 OJ No 165, 21.9.1966, p. 2965/66.