CELEX: 31970R0958
Language: en
Date: 1970-05-26 00:00:00
Title: Regulation (EEC) No 958/70 of the Council of 26 May 1970 laying down conditions for applying protective measures in the market in wine

Official Journal of the European Communities                                     281
No L 115 /4                         Official Journal of the European Communities                               28.5.70
                               REGULATION (EEC) No 958/70 OF THE COUNCIL
                                                    of 26 May 1970
                 laying down conditions for applying protective measures in the market in wine
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                       the factors connected with the development of that
                                                               trade ;
Having regard . to the Treaty establishing the                 Whereas the measures which may be taken in
European Economic Community ;                                  application of Article 14 of Regulation (EEC) No
                                                               816/70 should be laid down ; whereas those measures
Having regard     to Council Regulation ( EEC) No              must be such as to put an end to serious disturbances
816/701 of 28    April 1970 laying down additional             on the market and the threat of such disturbances ;
provisions for    the common organisation of the               whereas they must be suited to the circumstances if
market in wine,  and in particular Article 14 thereof;         they are not to have other than the desired effects ;
Having regard to the proposal from the Commission ;            Whereas the organisation of the market in wine
                                                               includes a system of import licences ; whereas in view
Whereas Article 14 ( 1 ) of Regulation (EEC) No                of the existence of that system, rules should be laid
816/70 market provision for the application of                 down whereby interim protective measures at
appropriate measures if, by reason of imports or               Community level can be decided upon after a
exports, the Community market in one or more of                summary examination of the situation;
the products listed in Article 1 (2) thereof experiences
or is threatened with serious disturbances which may           Whereas recourse by a Member State to Article 14 of
endanger the objectives set out in Article 39 of the           Regulation (EEC) No 816/70 should be limited to a
Treaty; whereas these measures relate to trade with            case in which the market of that State, following an
third countries ; whereas they will no longer apply            assessment based on the above-mentioned factors , is
when the disturbance or threat of disturbance has              regarded as fulfilling the conditions of that Article;
ceased;                                                        whereas the measures which may be taken in that
                                                               case should be designed to stop the market situation
                                                               from deteriorating further; whereas, however, they
Whereas it is for the Council to adopt detailed rules
                                                               must be of an interim nature; whereas this interim
for the application of Article 14 ( 1 ) of that                nature of national measures justifies their application
Regulation and define the cases in which and the
                                                               only until the entry into force of a- Community
limits within which Member States may take interim
                                                               decision on the subject;
protective measures;
                                                               Whereas the Commission is required to take a
Whereas, therefore, the main factors to be used in             decision on the Community protective measures to be
assessing whether the Community market is seriously            applied in response to a request from a Member State
disturbed or threatened with disturbance should be
                                                               within twenty-four hours following receipt of the
determined;                                                    request; whereas in order that the Commission may
                                                               assess the situation on the market with the greatest
Whereas since recourse to protective measures                  effectiveness, provision must be made to ensure that
depends on the influence of trade with third countries         it is informed as quickly as possible of any interim
on the Community market, the situation on this                 protective measures applied by a Member State;
market must be assessed by taking account not only             whereas, therefore, provision should be made for the
of the factors peculiar to the market itself but also of       Commission to be notified of any such measures as
                                                               soon as they have been adopted and for such
                                                               notification to be treated as a request within the
                                                               meaning of Article 14 (2) of Regulation (EEC) No
1 OJ No L 99, 5.5.1970, p. 1 .                                 816/70 ;
 ---pagebreak--- 282                                    Official Journal of the European Communities
 HAS ADOPTED THIS REGULATION :                                    periods in which the suspension mentioned in Article
                                                                  3 or Article 4 have been in force.
                          Article 1
                                                                                           Article 3
 In order to assess whether the Community market in               After a summary examination of the situation based
 one or more of the products listed in Article 1 (2) of           on the factors set out in Article 1 , the Commission
Regulation (EEC) No 816/70 is, by reason of imports               may establish by decision that the conditions for
or exports, experiencing or threatened with serious               applying Article 14 (2) of Regulation .(EEC) No
disturbances which may endanger the objectives set                816/70 are fulfilled. The Commission shall notify
out in Article 39 of the Treaty, particular account               Member States of its decision and shall publish it on
shall be taken, in addition to the criteria provided in           a noticeboard at its headquarters .
the second subparagraph of Article 14 ( 1 ) of that
Regulation, of:                                                   The consequence of that decision for the products in
 (a) the volume of exports achieved or foreseen ;                 question shall be the temporary suspension of the
                                                                  issue of licences from the time fixed for the purpose,
 ( b ) the quantities of products available on the                that time being subsequent to the notification.
       Community market;
   (c) the prices recorded on the Community market or             Such decision shall apply for - not more than
       the foreseeable trend of these prices and in               forty-eight hours, without prejudice to the provisions
       particular any excessive upward trend thereof              of the second sentence of Article 14 (2) of Regulation
       or, in the case of products for which no                   (EEC) No 816/70.
       intervention price has been fixed, any excessive
       downward trend thereof;
                                                                                           Article 4
(d) the quantities of products for which intervention
       measures    may    need    to   be   taken   if   the      1.     A Member State may take one or more interim
       above-mentioned situation arises as a result of            protective measures if, after an assessment based on
       imports .                                                  the factors set out in Article 1 , it considers that the
                                                                  situation mentioned in Article 14 ( 1 ) of Regulation
                                                                  (EEC) No 816/70 has arisen on its own territory.
                          Article 2
                                                                  Interim protective measures shall consist of:
1.      The measures which may be taken under Article
14 ( 2) and (3 ) of Regulation (EEC) No 816/70 should             ( a) the total or partial suspension of the issue of
the situation mentioned in paragraph 1 of that Article                  import licences ;
arise shall be :                                                  (b) the suspension of exports ;
(a) the total or partial suspension of the issue of               (c) the requirement that export charges should be
       import licences, resulting in the refusal of fresh               deposited or secured.
       applications;
                                                                  The measure mentioned in (c) shall not result in
(b) the total or partial rejection of outstanding                 charges being levied unless it is so decided under
       applications for the issue of licences ;                   Article 14 (2) or (3 ) of Regulation (EEC) No 816/70.
(c) the suspension of exports ;
                                                                  The provisions of Article 2 (2) of this ' Regulation
(d) the levying of export charges .                               shall apply.
2. These measures may only be- taken to such                      2.     The Commission shall be notified of the interim
extent and for such length of time as is strictly                 protective measures by telex as soon as they have
necessary. They may not extend to products other                  been decided on. Such notification shall be treated as
than those imported from or intended for third                    a request within the meaning of Article 14 (2) of
countries . They may be restricted to products                    Regulation (EEC) No 816/70. These measures shall
imported from or originating in particular countries,             apply only until the decision taken by the
to exports to particular countries or to particular               Commission on this matter enters into force.
qualities or types of presentation. They may be
restricted to imports intended for or to exports from
certain regions of the Community.                                                          Article 5
3 . The rejection of applications mentioned in                    This Regulation shall enter into force on 1 June
paragraph 1 shall apply to those submitted during the             1970.
 ---pagebreak---                      Official Journal of the European Communities                      283
This Regulation shall be binding in its entirety and directly applicable in all Member
States .
Done at Brussels, 26 May 1970.
                                                                    For the Council
                                                                     The President
                                                                      Ch . HEGER