31975R1928

29 . 7 . 75 No L 198 / 11 Official Journal of the European Communities

REGULATION (EEC) No 1928 /75 OF THE COUNCIL

of 22 July 1975

laying down detailed rules for applying protective measures in the market in products processed from fruit and vegetables

THE COUNCIL OF THE EUROPEAN Whereas recourse by a Member State to Article 7 of COMMUNITIES, Regulation (EEC) No 1927/75 should be limited to cases in which the market of that State, following an assessment based on the abovementioned factors, is to Having regard to the Treaty establishing the European be regarded as fulfilling the conditions of that Article ; Economic Community ; whereas the measures likely to be taken in such a case should be designed to prevent the market situation Having regard to Council Regulation (EEC) No from deteriorating further and must be of an interim 1927/75 (J) of 22 July 1975 concerning the system of nature ; whereas, consequently, such national trade with third countries in the market in products measures may apply only until the entry into force of processed from fruit and vegetables, and in particular a Community decision on the matter ; Article 7(1 ) thereof ;

Whereas the Commission must take a decision on Having regard to the proposal from the Commission ; Community protective measures to be applied in response to a request from a Member State within 24 hours following receipt of the request ; whereas, in Whereas Article 7 of Regulation (EEC) No 1927/75 order that the Commission may assess the situation makes provision for the application of appropriate on the market with the greatest effectiveness, provi­ measures if, by reason of imports or exports, the sion should be made to ensure that it is informed as Community market in one or more of the products quickly as possible of any interim protective measures listed in Article 1 of Council Regulation (EEC) No applied by a Member State ; whereas, therefore, provi­ 865/68 (2) of 28 June 1968 on the common organiza­ sion should be made for the Commission to be noti­ tion of the market in products processed from fruit fied of any such measures as soon as they have been and vegetables, as last amended by Regulation (EEC) adopted and for such notification to be treated as a No 1420/75 (3), experiences or is threatened with request within the meaning of Article 7 (2) of Regula­ serious disturbances which may endanger the objec­ tion (EEC) No 1927/75, tives set out in Article 39 of the Treaty ; whereas these measures relate to trade with third countries and whereas they are to cease to apply once the distur­ bance or threat of disturbance has ceased ;

HAS ADOPTED THIS REGULATION : Whereas the main factors to be taken into account in assessing whether the Community market is seriously disturbed or threatened with serious disturbance Article 1 should be specified ;

Whereas recourse to protective measures depends on In order to assess whether the Community market in the effect of trade with third countries on the Commu­ one or more of the products listed in Article 1 of nity market ; whereas the situation on this market Regulation (EEC) No 865/68 is, by reason of imports must therefore be assessed by taking account not only or exports, experiencing or threatened with serious of the factors peculiar to the market itself but also of disturbances which might endanger the objectives set those relating to the trend of that trade ; out in Article 39 of the Treaty, particular account shall be taken of :

Whereas the measures which may be taken in applica­ (a) the volume of imports or exports effected or fore­ tion of Article 7 of Regulation (EEC) No 1927/75 seen ; should be specified ; whereas those measures must be such as to put an end to serious disturbances on the (b) the quantities of products available on the Commu­ market and the threat of such disturbances ; whereas, nity market ; they must accordingly be suited to the circumstances (c) the prices for Community products on the if they are not to have other than the desired effects ; Community market or the foreseeable trend of these prices and in particular any excessive upward (') See page 7 of this Official Journal . (2) OJ No L 153, 1 . 7. 1968 , p. 8 . or downward trend thereof in relation to prices in (3) OJ No L 141 , 3 . 6 . 1975, p. 1 . the years immediately preceding ;

No L 198 / 12 29 . 7 . 75 Official Journal of the European Communities

(d) where the abovementioned situation arises as a imports intended for particular regions of the Commu­ result of imports, the prices obtaining on the nity or to exports from such regions. Community market, at a comparable stage, for 3 . The rejection referred to in paragraph 1 (a) products from third countries, and in particular second indent, shall apply to applications made any excessive downward trend in these prices. during the period in which the suspension referred to in Article 4 is applied. Article 2

Article 3 1 . Should the situation referred to in Article 7 ( 1 ) of Regulation (EEC) No 1927/75 arise, the measures The application of this Regulation shall respect the which may be taken under paragraphs 2 and 3 of that Community's obligations under international agree­ Article shall be : ments . (a) for products subject to the system of import certifi­ cates : Article 4

— the total or partial discontinuation of the issue 1 . A Member State may take one or more interim of certificates, as a result of which new applica­ protective measures if, subsequent to an assessment tions will not be accepted ; . based on the factors set out in Article 1 , it considers — the rejection of all or some of the applications that the situation referred to in Article 7 ( 1 ) of Regula­ for the issue of certificates which are being tion (EEC) No 1927/75 has arisen on its territory. examined ; Article 2 (2) shall apply. The interim protective measures shall be as follows : (b) for products not subject to the system of import certificates : total and partial suspension of (a) for products subject to the system of import certifi­ imports ; cates the total or partial suspension of the issue of certificates ; (c) for all products : (b) for products not subject to the certificate system, — the introduction of arrangements under which, the total or partial suspension of imports ; if the price for an imported product falls below (c) for all products, the total or partial suspension of a certain minimum, a condition may be exports. imposed whereby that product may be imported only at a price which is at least equal 2. The Commission shall be notified by telex of to such minimum ; the interim protective measures referred to in para­ — the total or partial suspension of exports. graph 1 as soon as they have been decided on . Such notification shall constitute a request within the 2. The measures referred to in paragraph 1 may be meaning of Article 7 (2) of the Regulation (EEC) No taken only to such extent and for such length of time 1927/75. The measures shall apply only until such as is strictly necessary. They shall take account of the time as a decision by the Commission on the matter special situation of products which are already on enters into force . their way to the Community. They may not extend to products other than those imported from or intended Article 5 for third countries. They may be restricted to products imported from or originating in particular countries, This Regulation shall enter into force on the third day to exports to particular countries or to particular quali­ following its publication in the Official Journal of ties or types of presentation . They may be restricted to the European Communities.

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

Done at Brussels, 22 July 1975 .

For the Council

The President

G. MARCORA