31969R2594

Official Journal of the European Communities 579

No L 324/8 Official Journal of the European Communities 27.12.69

REGULATION (EEC) No 2594/69 OF THE COUNCIL

of 18 December 1969

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

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 itself but also of the factors connected with the development of that trade ; Having regard to Council Regulation No 122/67/EEC1 of 13 June 1967 on the common organisation of the market in eggs, as amended by Whereas the measures which may be taken in Regulation (EEC) No 830/68,2 and in particular application of Article 12 of Regulation No Article 12 ( 1 ) thereof; 122/ 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 recourse by a Member State to Article 12 of "Whereas Article 12 ( 1 ) of Regulation No 122/67/EEC Regulation No 122/67/EEC should be limited to a makes provision for the application of appropriate case in which the market of that State, following an measures if, by reason of imports or exports, the assessment based on the above-mentioned factors, is Community market in one or more of the products regarded as fulfilling the conditions of that Article; listed in Article 1 thereof experiences or is threatened whereas the measures which may be taken in that with serious disturbances which may endanger the case should be designed to prevent the market objectives set out in Article 39 of the Treaty ; whereas situation from deteriorating further; whereas, these measures relate to trade with third countries ; however, they must be of an interim nature; whereas whereas they will no longer apply when the this interim nature of national measures justifies their disturbance or threat of disturbance has ceased ; application only until entry into force of a Community decision on the subject; Whereas it is for the Council to adopt detailed rules for the application of Article 12 ( 1 ) of that Regulation and define the cases in which and the Whereas the Commission is required to take a limits within which Member States may take interim decision on Community protective measures to be protective measures ; applied in response to a request from a Member State within twenty-four hours following receipt of the Whereas therefore the main factors to be used in request; whereas, in order that the Commission may assess the situation on the market with the greatest assessing whether the Community market is seriously disturbed or threatened with disturbance should be effectiveness, provision should be made to ensure that it is informed as quickly as possible of any interim determined ; 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. 2293/67. notification to be treated as a request within the 2 OJ No L 151, 30.6.1968, p. 23 . meaning of Article 12 (2) of Regulation No 3 OJ No C 97, 28.7.1969, p . 89 . 122/67/EEC;

580 Official Journal of the European Communities

HAS ADOPTED THIS REGULATION: 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 122/67/EEC is, by reason of imports protective measures if, after an assessment based on or exports, experiencing or threatened with serious the factors mentioned in Article 1 , it considers that disturbances which may endanger the objectives set the situation foreseen in Article 12 (1) of Regulation out in Article 39 of the Treaty, particular account No 122/67/EEC has arisen on its own territory. shall be taken of : Interim protective measures may comprise : (a) the volume of imports or exports effected or (a) the suspension of imports or exports ; foreseen ; (b) the requirement that export charges should be (b) the quantities of products available on the deposited or secured. Community market; The measure mentioned in (b) shall not result in the (c) the prices recorded on the Community market or payment of charges unless it is so decided in the foreseeable trend of these prices and in accordance with Article 12 (2) or (3) of Regulation particular any excessive upward or downward No 122/67/EEC . trend thereof; The provisions of Article 2 (2) of this Regulation (d) the free-at-Community-frontier offer prices if the shall apply. above-mentioned situation arises as a result of imports . 2 . The Commission shall be notified by telex of the interim protective measures as soon as they have Article 2 been decided on . Such notification shall be treated as a request within the meaning of Article 12 (2) of 1 . The measures which may be taken under Article Regulation No 122/67/EEC . These measures shall 12 (2) and (3) of Regulation No 122/67/EEC, should apply only until the decision taken by the the situation mentioned in Article 12 ( 1 ) arise, shall Commission on the matters enters into force. be the suspension of imports or exports or the levying of charges on exports. Article 4

2. These measures may only be taken to such The charges provided for in Article 2 ( 1 ) shall be extent and for such length of time as is strictly considered as levies in relation to third countries necessary. They shall take account of the special within the meaning of Article 11 (4) of Council situation of products already on their way to the Regulation No 130/66/EEC1 of 26 July 1966 on the Community. They may not extend to products other financing of the common agricultural policy. than those imported from or intended for third countries. They may be restricted to products Article 5 ■ imported from or originating in particular countries, to exports to particular countries or to particular This Regulation shall enter into force on 1 January kinds, qualities or types of presentation. They may be 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 1 The President

P. LARDINOIS

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