31970R0958

Official Journal of the European Communities 281

No L 115 /4 Official Journal of the European Communities 28.5.70

REGULATION (EEC) No 958/70 OF THE COUNCIL

of 26 May 1970

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

THE COUNCIL OF THE EUROPEAN COMMUNITIES, the factors connected with the development of that trade ;

Having regard . to the Treaty establishing the Whereas the measures which may be taken in European Economic Community ; application of Article 14 of Regulation (EEC) No 816/70 should be laid down ; whereas those measures Having regard to Council Regulation ( EEC) No must be such as to put an end to serious disturbances 816/701 of 28 April 1970 laying down additional on the market and the threat of such disturbances ; provisions for the common organisation of the whereas they must be suited to the circumstances if market in wine, and in particular Article 14 thereof; they are not to have other than the desired effects ;

Having regard to the proposal from the Commission ; Whereas the organisation of the market in wine includes a system of import licences ; whereas in view of the existence of that system, rules should be laid Whereas Article 14 ( 1 ) of Regulation (EEC) No down whereby interim protective measures at 816/70 market provision for the application of appropriate measures if, by reason of imports or Community level can be decided upon after a summary examination of the situation; exports, the Community market in one or more of the products listed in Article 1 (2) thereof experiences Whereas recourse by a Member State to Article 14 of or is threatened with serious disturbances which may Regulation (EEC) No 816/70 should be limited to a endanger the objectives set out in Article 39 of the case in which the market of that State, following an Treaty; whereas these measures relate to trade with assessment based on the above-mentioned factors , is third countries ; whereas they will no longer apply when the disturbance or threat of disturbance has regarded as fulfilling the conditions of that Article ; whereas the measures which may be taken in that ceased; case should be designed to stop the market situation from deteriorating further; whereas, however, they Whereas it is for the Council to adopt detailed rules must be of an interim nature ; whereas this interim for the application of Article 14 ( 1 ) of that nature of national measures justifies their application Regulation and define the cases in which and the only until the entry into force of a- Community limits within which Member States may take interim 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 the 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 assess the situation on the market with the greatest Whereas since recourse to protective measures effectiveness, provision must be made to ensure that depends on the influence of trade with third countries it is informed as quickly as possible of any interim on the Community market, the situation on this protective measures applied by a Member State; market must be assessed by taking account not only whereas, therefore, provision should be made for the of the factors peculiar to the market itself but also of 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 meaning of Article 14 (2) of Regulation (EEC) No 1 OJ No L 99, 5.5.1970, p. 1 . 816/70 ;

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HAS ADOPTED THIS REGULATION : periods in which the suspension mentioned in Article 3 or Article 4 have been in force. Article 1 Article 3 In order to assess whether the Community market in After a summary examination of the situation based one or more of the products listed in Article 1 (2) of on the factors set out in Article 1 , the Commission Regulation (EEC) No 816/70 is, by reason of imports may establish by decision that the conditions for or exports, experiencing or threatened with serious applying Article 14 (2) of Regulation .(EEC) No disturbances which may endanger the objectives set 816/70 are fulfilled. The Commission shall notify out in Article 39 of the Treaty, particular account Member States of its decision and shall publish it on shall be taken, in addition to the criteria provided in a noticeboard at its headquarters . the second subparagraph of Article 14 ( 1 ) of that Regulation, of: The consequence of that decision for the products in (a) the volume of exports achieved or foreseen ; question shall be the temporary suspension of the issue of licences from the time fixed for the purpose, ( b ) the quantities of products available on the that time being subsequent to the notification. Community market ; Such decision shall apply for - not more than (c) the prices recorded on the Community market or forty-eight hours, without prejudice to the provisions the foreseeable trend of these prices and in of the second sentence of Article 14 (2) of Regulation particular any excessive upward trend thereof ( EEC) No 816/70 . or, in the case of products for which no intervention price has been fixed, any excessive downward trend thereof ; Article 4 (d) the quantities of products for which intervention measures may need to be taken if the 1 . A Member State may take one or more interim above-mentioned situation arises as a result of protective measures if, after an assessment based on imports . the factors set out in Article 1 , it considers that the situation mentioned in Article 14 ( 1 ) of Regulation (EEC ) No 816/70 has arisen on its own territory. Article 2 Interim protective measures shall consist of: 1 . The measures which may be taken under Article ( a) the total or partial suspension of the issue of 14 ( 2) and (3 ) of Regulation (EEC) No 816/70 should import licences ; the situation mentioned in paragraph 1 of that Article arise shall be : (b) the suspension of exports ;

(a) the total or partial suspension of the issue of (c) the requirement that export charges should be import licences, resulting in the refusal of fresh deposited or secured. applications; The measure mentioned in (c) shall not result in (b) the total or partial rejection of outstanding charges being levied unless it is so decided under applications for the issue of licences ; Article 14 (2) or (3 ) of Regulation (EEC) No 816/70. (c) the suspension of exports ; The provisions of Article 2 (2) of this ' Regulation (d) the levying of export charges . shall apply.

2. These measures may only be- taken to such 2 . The Commission shall be notified of the interim extent and for such length of time as is strictly protective measures by telex as soon as they have necessary. They may not extend to products other been decided on . Such notification shall be treated as than those imported from or intended for third a request within the meaning of Article 14 (2) of countries . They may be restricted to products Regulation (EEC) No 816/70 . These measures shall imported from or originating in particular countries, apply only until the decision taken by the to exports to particular countries or to particular Commission on this matter enters into force. qualities or types of presentation. They may be restricted to imports intended for or to exports from certain regions of the Community. Article 5

3 . The rejection of applications mentioned in This Regulation shall enter into force on 1 June paragraph 1 shall apply to those submitted during the 1970 .

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

Done at Brussels, 26 May 1970.

For the Council

The President

Ch . HEGER