31969R2595

Official Journal of the European Communities 581

No L 324/ 10 Official Journal of the European Communities 27.12.69

REGULATION (EEC) No 2595 /69 OF THE COUNCIL

of 18 December 1969

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

THE COUNCIL OF THE EUROPEAN COMMUNITIES, the Community market, the situation on this market must be assessed by taking account not only of the factors peculiar to the market itself but also of the Having regard to the Treaty establishing the factors connected with the development of that trade ; European Economic Community ;

Having regard to Council Regulation No 123/67/EEC1 of- 13 June 1967 on the common Whereas the measures which may be taken in application of Article 12 of Regulation No organisation of the market in poultrymeat, and in 123 /67/EEC should be laid down ; whereas those particular Article 12 ( 1 ) thereof; 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 ; Parliament2 ;

Whereas Article 12 ( 1 ) of Regulation No 123/67/EEC Whereas recourse by a Member State to Article 12 of makes provision for the application of appropriate Regulation No 123/67/EEC should be limited to a measures if, by reason of imports or exports, the case in which the market of that State, following an Community market in one or more of the products assessment based on the above-mentioned factors, is listed in Article 1 thereof experiences or is threatened regarded as fulfilling the conditions of that Article; with serious disturbances which may endanger the whereas the measures which may be taken in that objectives set out in Article 39 of the Treaty ; whereas case should be designed to prevent the market these measures relate to trade with third countries ; situation from deteriorating further; whereas, whereas they will no longer apply when the however, they must be of an interim nature; whereas disturbance or threat of disturbance has ceased ; this interim nature of national measures justifies their application only until die entry into force of a Whereas it is for the Council to adopt detailed rules Community decision on the subject; for the application of Article 12 ( 1 ) of that Regulation and define the cases in which and the limits within which Member States may take interim Whereas the Commission is required to take a protective measures ; decision on Community protective measures to be applied in response to a request from a Member State Whereas, therefore, the main factors to be used in within twenty-four hours following receipt of the assessing whether the Community market is seriously request; whereas, in order that the Commission may disturbed or threatened with disturbance should be assess the situation on the market with the greatest determined ; effectiveness, provision should be made to ensure that it is informed as quickly as possible of any interim Whereas, since recourse to protective measures protective measures applied by a Member State; depends on the effect of trade with third countries on 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 notification to be treated as a request within the 1 OJ No 117, 19.6.1967, p. 2301/67. meaning of Article 12 (2) of Regulation No 2 OJ No C 97, 28.7.1969, p. 89. 123 / 67/EEC ;

582 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 123/67/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 123 /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 123 / 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 been decided on . Such notification shall be treated as Article 2 a request within the meaning of Article 12 (2) of Regulation No 123 /67/EEC. These measures shall L. The measures which may be taken under Article apply only until the decision taken by the 12 (2) and (3 ) of Regulation No 123 /67/EEC, should Commission on this matter enters into force. the situation mentioned in Article 12 ( 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 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

The President P. LARDINOIS '

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