CELEX: 31969R2593
Language: en
Date: 1969-12-18 00:00:00
Title: Regulation (EEC) No 2593/69 of the Council of 18 December 1969 laying down conditions for applying protective measures in the market in pigmeat

Official Journal of the European Communities                                   577
  No L 324/6                          Official Journal of the European Communities                              27.12.69
                                  REGULATION (EEC) No 2593/69 OF THE COUNCIL
                                                   of 18 December 1969
                   laying down conditions for applying protective measures in the market in pigmeat
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        factors peculiar to the market itself but also of the
                                                                 factors connected with the development of that trade ;
 Having regard to the Treaty establishing the
 European Economic Community;                                    Whereas the measures which may be taken in
                                                                 application    of Article   18   of  Regulation     No
 Having regard to Council Regulation No                          121 /67/EEC should be laid down ; whereas those
  121/67/EEC1 of 13 June 1967 on the common                      measures must be such as to put an end to serious
 organisation of the market in pigmeat, as last                  disturbances on the market and the threat of such
 amended by Regulation (EEC) No 2463 /69,2 and in                disturbances ; whereas they must be suited to the
 particular Article 18 ( 1 ) thereof;                            circumstances if they are not to have other than the
 Having regard to the proposal from the Commission ;             desired effects ;
 Having regard to the Opinion of the European                   Whereas both the criteria for assessing the situation
 Parliament3 ;                                                   on the market and the measures required to deal with
                                                                 that situation must be determined in the light of the
Whereas Article 18 ( 1 ) of Regulation No 121 /67/EEC            fact that the Regulations adopted on trade in pigmeat
makes provision for the application of appropriate               do not yet include a system of import licences ;
 measures if, by reason of imports or exports, the
 Community market in one or more of the products                Whereas recourse by a Member State to Article 18 of
 listed in Article 1 thereof experiences or is threatened       Regulation No 121/67/EEC should be limited to a
with serious disturbances which may endanger the                case in which the market of that State, following an
objectives set out in Article 39 of the Treaty ; whereas        assessment based on the above-mentioned factors, is
these measures relate to trade with third countries ;           regarded as fulfilling the conditions of that Article ;
whereas they will no longer apply when the                      whereas the measures which may be taken in that
disturbance or threat of disturbance has ceased ;               case should be designed to prevent the market
                                                                situation from deteriorating further; whereas,
Whereas it is for the Council to adopt detailed rules           however, they must be of an interim nature; whereas
for    the  application of Article      18   (1)  of that       this interim nature of national measures justifies their
Regulation and define the cases in which and the                 application only until the entry into force of a
limits within which Member States may take interim              Community decision on the subject;
protective measures ;
Whereas, therefore, the main factors to be used in              Whereas the Commission is required to take a
assessing whether the Community market is seriously             decision on Community protective measures to be
disturbed or threatened with disturbance should be              applied in response to a request from a Member State
determined ;                                                    within twenty-four hours following receipt of the
                                                                request; Whereas, in order that the Commission may
Whereas, since recourse to protective measures                  assess the situation on the market with the greatest
depends on the effect of trade with third countries on          effectiveness, provision should be made to ensure that
the Community market, the situation on this market              it is informed as quickly as possible of any interim
must be assessed by taking account not only of the              protective measures applied by a Member State;
                                                                whereas, therefore, provision should be made for the
                                                                Commission to be notified of any such measures as
                                                                soon as they have been adopted and for such
1 OJ No 117, 19.6.1967, p. 2283/67.                             notification to be treated as a request within the
2 OJ No L 312, 12.12.1969, p. 3 .                               meaning of Article 18 (2) of Regulation No
3 OJ No C 97, 28.7.1969, p. 89.                                 121 /67/EEC;
 ---pagebreak--- 578                                  Official Journal of the European Communities
HAS ADOPTED THIS REGULATION :                                   qualities or types of presentation. They may be
                                                                restricted to imports intended for particular regions
                          Article 1
                                                                of the Community or to exports from such regions.
In order to assess whether the Community market in                                      Article 3
one or more of the products listed in Article 1 ( 1 ) of        1.     A Member State may take one or more interim
Regulation No 121 /67/EEC is, by reason of imports              protective measures if, after an assessment based on
or exports, experiencing or threatened with serious             the factors set out in Article 1 , it considers that the
disturbances which may endanger the objectives set              situation foreseen in Article 18 (1 ) of Regulation No
out in Article 39 of the Treaty, particular account             121 /67/EEC has arisen on its own territory.
shall be taken of :
                                                                Interim measures may comprise :
( a) the volume of imports or exports effected or
      foreseen ;                                                ( a) the suspension of imports or exports ;
(b) the quantities of products available on the                 ( b) the requirement that export charges should be
      Community market;                                               deposited or secured.
(c) the prices recorded on the Community market or              The measure mentioned in (b) shall not result in the
     the foreseeable trend of these prices and in               payment of charges unless it is so decided in
      particular any excessive upward or downward               accordance with Article 18 (2) or (3 ) of Regulation
      trend thereof;                                            No 121 /67/EEC.
 (d) the quantities of products for which intervention          The provisions of Article 2 (2) of this Regulation
      measures have been taken or may need to -be               shall apply.
      taken if the above-mentioned situation arises as a
      result of imports .                                       2. The Commission shall be notified by telex of
                                                                the interim protective measures as soon as they have
                                                                been decided on. Such notification shall be treated as
                          Article 2                             a request within the meaning of Article 18 (2) of
                                                                Regulation No 121/67/EEC. These measures shall
1.      The measures which may be taken under Article           apply only until the decision taken by the
18 (2) and (3 ) of Regulation No 121 /67/EEC, should            Commission on this matter enters into force .
the situation mentioned in Article 18 ( 1 ) arise, shall
be the suspension of imports or exports or the                                          Article 4
levying of charges on exports.
                                                                The charges provided for in Article 2 ( 1 ) shall be
2. These measures may only be taken to such                     considered as levies in relation to third countries
extent and for such length of time as is strictly               within the meaning of Article 11 (4) of Council
necessary. They shall take account of the special               Regulation No 130/66/EEC1 of 26 July 1966 on the
situation of products already on their way to the               financing of the common agricultural policy.
Community. They may not extend to products other
than those imported from or intended for third                                           Article 5
countries. They may be restricted to products
imported from or originating in particular countries,           This Regulation shall enter into force on 1 January
to exports to particular countries or to particular             1970.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 18 December 1969 .
                                                                                      For the Council
                                                                                       The President
                                                                                       P. LARDINOIS
                                                                1 OJ No 165, 21.9.1966, p. 2965/66.