31971R1428

36 Official Journal of the European Communities

No L 151/6 Official Journal of the European Communities 7. 7 . 71

COUNCIL REGULATION (EEC) No 1428/71

of 2 July 1971

defining the conditions for the implementation of protective measures to products processed from fruit and vegetables

THE COUNCIL OF THE EUROPEAN COMMUNITIES , ary, in assessing the situation of the Community market, to take account not only of the characteristics of the market itself but also of factors having a bearing on the development of such trade ; Having regard to the Treaty establishing the Euro­ pean Economic Community,

Whereas the measures which can be taken in imple­ Having ' regard to Council Regulation (EEC) mentation of Article 1 of Regulation (EEC) No 1427/ No 1427/71 of 2 July 1971 introducing protective 71 should be defined ; whereas these measures must measures for products processed from fruit and be such as will correct serious disturbances of the vegetables (1), and in particular Article 1 ( 1 ) thereof, market and eliminate the threat of such disturbances ; whereas they must be appropriate to the circum­ Having regard to the proposal from the Commission, stances to avoid their having other than the desired effect;

Whereas Regulation (EEC) No 1427/71 provides for the possibility of appropriate measures being taken Whereas recourse by a Member State to Article 1 of if, by reason of imports or exports, the Community Regulation (EEC) No 1427/71 should be limited to market in one or more of the products listed in cases where, after an assessment based on the factors Article 1 of Council Regulation (EEC) No 865/68 of referred to above, the market of that State is 28 June 1968 on the common organization of the considered to meet the conditions of the said Article; market in products processed from fruit and whereas the measures which may be taken in such vegetables (2), as last amended by Regulation (EEC) cases must be such that no further deterioration of No 1425/71 (3), experiences or is threatened with the market takes place and must be of a precautionary serious disturbances which may endanger the objec­ nature only ; whereas such national measures must tives of Article 39 of the Treaty ; whereas these therefore be applicable only until the entry into force measures relate to trade with third countries and of a Community decision on the subject; must cease to be applied when the disturbances or threat of disturbances have ended ;

Whereas it is for the Commission to decide within a Whereas criteria should be laid down enabling an period , of 24 hours following receipt of a request assessment to be made as to whether, in the Com­ from a Member State, what Community protective munity, the market is seriously disturbed or measures are to be taken ; whereas, to enable the threatened with such disturbance ; Commission to assess the market situation as effec­ tively as possible, provisions should be laid down to Whereas recourse to protective measures depends ensure that it will be informed as promptly as possible of any precautionary measures implemented upon the influence on the Community market of by a Member State; whereas it should therefore be trade with third countries; whereas it is thus necess­ provided that such measures will be notified to the Commission as soon as they are decided upon and 0 ) OJ No L 151 , 7. 7. 1971, p. 5 . that such notification will be considered as a request (*) OJ No L 153, 1 . 7. 1968, p . 8 . within the meaning of Article 1 (2) of Regulation (3) OJ No L 151 , 7. 7. 1971 , p. 1 . (EEC) No 1427/71 ,

Official Journal of the European Communities 37

HAS ADOPTED THIS REGULATION : 2. These measures may be taken only to the extent and for the period strictly necessary. They may apply only to products coming from or going to third Article 1 countries. They may be restricted to products coming from, originating in or going to specified countries In order to determine whether, by reason of imports and to products of specified qualities or presentation. or exports, the Community market in one or more They may be restricted to imports going to specific of the products referred to in Article 1 of Regulation regions of the Community or to exports from such (EEC) No 865/68 is experiencing or is threatened regions . with serious disturbances which might endanger the objectives of Article 39 of the Treaty, consideration Article 3 shall in particular be given to :

(a) the volume of the imports or exports effected or In the implementation of this Regulation, Com­ planned ; munity commitments under international agreements shall be respected. (b) the availability of products on the Community market ; Article 4 (>c) the prices ruling for home-grown products on the Community market or the foreseeable trend of such prices, and in particular any tendency 1 . A Member State may, as a precaution, take one towards an excessive fall or rise in such prices in or more measures where, following an assessment based on the factors referred to in Article 1 , it relation to the prices of recent years ; considers that the situation mentioned in Article 1(1 ) (d) the prices ruling on the Community market for of Regulation (EEC) No 1427/71 exists in its territory. products coming from third countries, and in The precautionary measures shall consist in particular any tendency towards an excessive fall suspending imports or exports. The provisions of in such prices if the situation initially referred Article 2 (2) shall apply. to occurs because of imports. 2. Precautionary measures shall be notified to the Commission by telex as soon as they are agreed Article 2 upon. Such notification shall be considered as a request within the meaning of Article 1 (2) of 1 . The measures which may be taken in implemen­ Regulation (EEC) No 1427/71. These measures shall tation of Article 1 (2) and (3 ) of Regulation (EEC) apply only until the entry into force of the Decision No 1427/71 , when the situation referred to in para­ taken by the Commission on this basis. graph 1 thereof occurs, shall be : Article 5 ( a) total or partial suspension of imports or of exports ; This Regulation shall enter into force on the day ( b) a system of minimum prices below which imports following its publication in the Official Journal of may be subject to the condition that they be made the European Communities. at a price exceeding the minimum price fixed for the product in question . It shall apply until 30 June 1972 .

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

Done at Brussels, 2 July 1971 .

For the Council

The President

M. FERRARI-AGGRADI