Keywords

Summary



Keywords

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1 . AGRICULTURE - COMMON AGRICULTURAL POLICY - COUNCIL - POWERS - CONJUNCTURAL INTERVENTION - URGENT MEASURES - ARTICLE 103 OF THE EEC TREATY - APPLICATION - VALIDITY

( EEC TREATY, ARTICLE 40, ARTICLE 43, ARTICLE 103 )

2 . CONJUNCTURAL POLICY - COMMUNITY INSTITUTIONS - POWERS - MEASURES APPROPRIATE TO THE SITUATION - FORM - CHOICE MADE BY THE COUNCIL

( EEC TREATY, ARTICLE 103 )

3 . EEC - COMMUNITY INSTITUTIONS - BURDENS IMPOSED ON COMMUNITY SUBJECTS - LIMITATION TO THOSE STRICTLY NECESSARY - DUTY - SCOPE

4 . AGRICULTURE - COMMON AGRICULTURAL POLICY - OBJECTIVES - RECONCILIATION - COMMUNITY INSTITUTIONS - DUTY

( EEC TREATY, ARTICLE 39 )

5 . AGRICULTURE - DISCRIMINATION - EEC TREATY, ARTICLES 39 AND 40 - SPHERE OF APPLICATION

6 . AGRICULTURE - IMPORTS FROM THIRD COUNTRIES - COMPENSATORY AMOUNTS - NATURE - IMPOSITION - AUTHORIZATION WHERE RATES OF EXCHANGE ARE FLUCTUATING - VALIDITY

( REGULATION ( EEC ) NO 974/71 OF THE COUNCIL; REGULATIONS ( EEC ) NOS 1013/71, 1014/71, 548/72 OF THE COMMISSION )

Summary

1 . THE POWERS GIVEN BY ARTICLES 40 AND 43 ( 2 ) OF THE TREATY FOR IMPLEMENTING THE COMMON AGRICULTURAL POLICY DO NOT RELATE MERELY TO STRUCTURAL MEASURES BUT EXTEND EQUALLY TO ANY IMMEDIATE SHORT-TERM ECONOMIC INTERVENTION REQUIRED IN THIS SPHERE OF PRODUCTION . THE COUNCIL IS EMPOWERED TO HAVE RECOURSE THERETO IN ACCORDANCE WITH THE DECISION-MAKING PROCEDURES PROVIDED FOR .

ARTICLE 103, ON THE OTHER HAND, SINCE IT REFERS TO MEMBER STATES' CONJUNCTURAL POLICIES, DOES NOT CONCERN THOSE AREAS ALREADY MADE SUBJECT TO COMMON RULES, AS IS THE ORGANIZATION OF THE AGRICULTURAL MARKETS . THE REAL OBJECT OF ARTICLE 103 IS THE COORDINATION OF MEMBER STATES' CONJUNCTURAL POLICIES AND THE ADOPTION OF APPROPRIATE COMMON MEASURES . BEARING IN MIND THE MONETARY SITUATION AT THE TIME THE DISPUTED MEASURES WERE ADOPTED, AND THE FACT THAT THE COMMON AGRICULTURAL POLICY CONTAINED NO ADEQUATE PROVISION FOR THE CASE WHICH WOULD ENABLE THE NECESSARY MEASURES TO BE TAKEN IN ORDER TO DEAL WITH SUCH MONETARY SITUATIONS, THE COUNCIL WAS JUSTIFIED IN MAKING INTERIM USE OF THE POWERS CONFERRED ON IT BY ARTICLE 103 OF THE TREATY .

2 . ARTICLE 103 DOES NOT PRECLUDE COMMUNITY INSTITUTIONS FROM HAVING POWERS TO INTRODUCE, WITHOUT PREJUDICE TO OTHER PROCEDURES SET OUT IN THE TREATY, ANY CONJUNCTURAL MEASURES WHICH MAY APPEAR TO BE NECESSARY IN ORDER TO SAFEGUARD THE OBJECTIVES OF THE TREATY . THE COUNCIL SHALL IN EACH INSTANCE SELECT THE FORM TO BE TAKEN BY THE MEASURE WHICH IT CONSIDERS TO BE THE MOST SUITABLE .

3 . WHILE THE COMMUNITY INSTITUTIONS MUST ENSURE, IN THE EXERCISE OF THEIR POWERS, THAT THE AMOUNTS WHICH COMMERCIAL OPERATORS ARE CHARGED ARE NO GREATER THAN IS REQUIRED TO ACHIEVE THE AIM WHICH THE AUTHORITIES ARE TO ACCOMPLISH, IT DOES NOT NECESSARILY FOLLOW THAT THAT OBLIGATION MUST BE MEASURED IN RELATION TO THE INDIVIDUAL SITUATION OF ANY ONE PARTICULAR GROUP OF OPERATORS .

4 . THE COMMUNITY INSTITUTIONS MUST HARMONIZE THE VARIOUS OBJECTIVES OF THE COMMON AGRICULTURAL POLICY WHICH, TAKEN SEPARATELY, APPEAR TO CONFLICT WITH ONE ANOTHER AND, WHERE NECESSARY, ALLOW TEMPORARY PRIORITY TO ONE OF THEM IN ACCORDANCE WITH THE DEMANDS OF THOSE ECONOMIC FACTORS OR CONDITIONS IN VIEW OF WHICH THEIR DECISIONS ARE MADE .

5 . ARTICLE 40 CONTEMPLATES ONLY DISCRIMINATION BETWEEN PRODUCERS OR BETWEEN CONSUMERS, WHILE THE BALANCE TO BE HELD BETWEEN THE CONFLICTING INTERESTS OF THESE TWO GROUPS IS DEALT WITH IN ARTICLE 39 .

6 . COMPENSATORY AMOUNTS ARE COMMUNITY MEASURES WHICH, WHILE THEY DO INVOLVE A PARTITIONING OF THE MARKET, SERVE TO COMPENSATE FOR VARIATIONS IN FLUCTUATING EXCHANGE RATES AND THUS HELP TO PRESERVE THE NORMAL FLOW OF TRADE IN PRODUCTS UNDER THE EXCEPTIONAL CONDITIONS TEMPORARILY CREATED BY THE MONETARY SITUATION . THE AUTHORIZATION TO CHARGE COMPENSATORY AMOUNTS ON AGRICULTURAL IMPORTS FROM THIRD COUNTRIES FOR A TIME WHEN RATES OF EXCHANGE ARE FLUCTUATING IS VALID .