CELEX: 31971R1428
Language: en
Date: 1971-07-02 00:00:00
Title: Council Regulation (EEC) No 1428/71 of 2 July 1971 defining the conditions for the implementation of protective measure to products processed from fruit and vegetables

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
Having regard to the Treaty establishing the Euro­               bearing on the development of such trade;
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
28 June 1968 on the common organization of the                   referred to above, the market of that State is
                                                                 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
serious disturbances which may endanger the objec­               the market takes place and must be of a precautionary
                                                                 nature only; whereas such national measures must
tives of Article 39 of the Treaty ; whereas these
measures relate to trade with third countries and                therefore be applicable only until the entry into force
                                                                 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
upon the influence on the Community market of                    possible of any precautionary measures implemented
 trade with third countries; whereas it is thus necess­          by a Member State; whereas it should therefore be
                                                                 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 ,
 ---pagebreak---                                        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
shall in particular be given to :                                                         Article 3
(a) the volume of the imports or exports effected or              In the implementation of this Regulation, Com­
      planned ;                                                   munity commitments under international agreements
(b) the availability of products on the Community                 shall be respected.
      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
      relation to the prices of recent years ;                    based on the factors referred to in Article 1, it
                                                                  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