Keywords

Summary



Keywords

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1 . PROCEDURE - APPLICATION FOR ANNULMENT - APPLICATIONS BY NATURAL AND LEGAL PERSONS - REGULATIONS - CONGLOMERATION OF INDIVIDUAL DECISIONS - ADMISSIBILITY

( EEC TREATY, ARTICLE 173, SECOND PARAGRAPH )

2 . COMMUNITY MEASURES - EXECUTION WITHIN THE INTERNAL LEGAL ORDER BY NATIONAL MEASURES - ACTS OF DIRECT CONCERN TO THE PARTIES IN QUESTION

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - FRUIT AND VEGETABLES - RULES GOVERNING IMPORTS - DIFFICULTIES IN MARKETING DOMESTIC PRODUCTS - IMPORTS OF SUBSTITUTE PRODUCTS FROM THIRD COUNTRIES - RISK OF REDUCED DEMAND FOR DOMESTIC PRODUCTS - POSSIBILITY OF PROTECTIVE MEASURES

( REGULATION NO 2514/69 OF THE COUNCIL, ARTICLE 1 )

4 . AGRICULTURE - PROTECTIVE MEASURES - CONDITIONS OF APPLICATION

5 . AGRICULTURE - GENERAL OBJECTIVES OF THE TREATY - ARTICLE 39 - RULES ON COMPETITION - LIMITED DEROGATION FROM RULES ON COMPETITION

Summary

1 . A PROVISION OF A REGULATION CONCERNING A GROUP OF REQUESTS FOR IMPORT LICENCES AFTER THE TIME-LIMIT FOR SUBMISSION OF REQUESTS HAS EXPIRED, SO THAT NO OTHER REQUESTS CAN BE MADE, IS NOT IN THE NATURE OF A REGULATION IN THE SENSE OF THE SECOND PARAGRAPH OF ARTICLE 189 OF THE EEC TREATY BUT MUST BE REGARDED AS A CONGLOMERATION OF INDIVIDUAL DECISIONS, EACH OF WHICH IS SUCH AS TO BE OF INDIVIDUAL CONCERN, WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY, TO THE PERSON OR PERSONS MAKING EACH REQUEST .

2 . A COMMUNITY MEASURE, IN RELATION TO WHICH THE ONLY DUTY OF NATIONAL AUTHORITIES IS TO COLLECT DATA IN ORDER THAT THE COMMUNITY MAY ADOPT IT, AND SUBSEQUENTLY TO TAKE THE NATIONAL MEASURES NEEDED TO GIVE EFFECT TO IT IN THE NATIONAL LEGAL SYSTEM, IS OF DIRECT AND INDIVIDUAL CONCERN WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE EEC TREATY TO THE PARTIES IN QUESTION .

3 . WHERE DIFFICULTIES ARISE IN MARKETING DOMESTIC PRODUCTS, THERE IS A RISK THAT IMPORTS COMING FROM THIRD COUNTRIES, IRRESPECTIVE OF THEIR PRICES, MAY, BECAUSE THEY CAN BE SUBSTITUTED FOR DOMESTIC PRODUCTS, ATTRACT PART OF THE INTERNAL DEMAND AND THUS CAUSE EVEN GREATER QUANTITIES TO FLOW INTO THE INTERVENTION AGENCIES .

4 . IN ACCORDANCE WITH THE GENERAL OBJECTIVES OF THE TREATY, THE PROTECTIVE MEASURES PERMITTED BY THE AGRICULTURAL REGULATIONS CAN ONLY BE ADOPTED IN SO FAR AS THEY ARE STRICTLY NECESSARY FOR THE ATTAINMENT OF THE OBJECTIVES SPECIFIED IN ARTICLE 39 OF THE TREATY, AND IMPAIR AS LITTLE AS POSSIBLE THE FUNCTIONING OF THE COMMON MARKET .

5 . ARTICLE 3 OF THE TREATY LISTS SEVERAL GENERAL OBJECTIVES, TOWARDS THE ATTAINMENT AND HARMONIZATION OF WHICH THE COMMUNITY HAS TO DIRECT ITS ACTIVITY .

AMONGST THESE OBJECTIVES, ARTICLE 3 PRESCRIBES NOT ONLY " THE INSTITUTION OF A SYSTEM ENSURING THAT COMPETITION IN THE COMMON MARKET IS NOT DISTORTED ", BUT ALSO IN SUBPARAGRAPH ( D ) " THE ADOPTION OF A COMMON POLICY IN THE SPHERE OF AGRICULTURE ". THE TREATY ATTACHES VERY GREAT IMPORTANCE TO THE ATTAINMENT OF THIS LATTER OBJECTIVE IN THE SPHERE OF AGRICULTURE, DEVOTING ARTICLE 39 TO IT AND MAKING THE RESERVATION CONTAINED IN THE FIRST PARAGRAPH OF ARTICLE 42 . WHERE PROTECTIVE MEASURES PROVE TO BE NECESSARY WITH A VIEW TO PREVENTING, IN THE MARKET IN THE PRODUCTS IN QUESTION, SERIOUS DISTURBANCES CAPABLE OF ENDANGERING THE OBJECTIVES OF ARTICLE 39, AN EXPLICIT STATEMENT OF THE REASONS FOR SUCH MEASURES, IN RELATION TO ARTICLES 85 AND 86 OF THE TREATY, IS NOT INDISPENSABLE .