CELEX: 31969R2595
Language: en
Date: 1969-12-18 00:00:00
Title: Regulation (EEC) No 2595/69 of the Council of 18 December 1969 laying down conditions for applying protective measures in the market in poultrymeat

Official Journal of the European Communities                                    581
 No L 324/ 10                        Official Journal of the European Communities                              27.12.69
                                REGULATION (EEC) No 2595/69 OF THE COUNCIL
                                                  of 18 December 1969
                laying down conditions for applying protective measures in the market in poultrymeat
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        the Community market, the situation on this market
                                                                must be assessed by taking account not only of the
                                                                factors peculiar to the market itself but also of the
Having regard to the Treaty establishing the                    factors connected with the development of that trade ;
European Economic Community;
Having     regard     to     Council   Regulation     No
123/67/EEC1 of- 13 June 1967 on the common                      Whereas the measures which may be taken in
organisation of the market in poultrymeat, and in               application of Article 12 of Regulation No
particular Article 12 ( 1 ) thereof;                            123 /67/EEC should be laid down; whereas those
                                                                measures must be such as to put an end to serious
                                                                disturbances on the market and the threat of such
Having regard to the proposal from the Commission ;
                                                                disturbances ; whereas they must be suited to the
                                                                circumstances if they are not to have other than the
Having regard to the Opinion of the European                    desired effects ;
Parliament2;
Whereas Article 12 ( 1 ) of Regulation No 123/67/EEC
                                                                Whereas recourse by a Member State to Article 12 of
makes provision for the application of appropriate              Regulation No 123/67/EEC should be limited to a
measures if, by reason of imports or exports, the
                                                                case in which the market of that State, following an
Community market in one or more of the products                 assessment based on the above-mentioned factors, is
listed in Article 1 thereof experiences or is threatened
                                                                regarded as fulfilling the conditions of that Article;
with serious disturbances which may endanger the                whereas the measures which may be taken in that
objectives set out in Article 39 of the Treaty ; whereas
                                                                case should be designed to prevent the market
these measures relate to trade with third countries ;
                                                                situation from deteriorating further; whereas,
whereas they will no longer apply when the
                                                                however, they must be of an interim nature; whereas
disturbance or threat of disturbance has ceased ;
                                                                this interim nature of national measures justifies their
                                                                application only until die entry into force of a
Whereas it is for the Council to adopt detailed rules           Community decision on the subject;
for the application of Article 12 ( 1 ) of that
Regulation and define the cases in which and the
limits within which Member States may take interim              Whereas the Commission is required to take a
protective measures;
                                                                decision on Community protective measures to be
                                                                applied in response to a request from a Member State
Whereas, therefore, the main factors to be used in              within twenty-four hours following receipt of the
assessing whether the Community market is seriously             request; whereas, in order that the Commission may
disturbed or threatened with disturbance should be              assess the situation on the market with the greatest
determined;                                                     effectiveness, provision should be made to ensure that
                                                                it is informed as quickly as possible of any interim
Whereas, since recourse to protective measures                  protective measures applied by a Member State;
depends on the effect of trade with third countries on          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
                                                                notification to be treated as a request within the
1 OJ No 117, 19.6.1967, p. 2301/67.                             meaning of Article 12 (2) of Regulation No
2 OJ No C 97, 28.7.1969, p. 89.                                 123 /67/EEC;
 ---pagebreak---   582                                Official Journal of the European Communities
HAS ADOPTED THIS REGULATION :                                   restricted to imports intended for particular regions
                                                                of the Community or to exports from such regions .
                         Article 1
                                                                                         Article 3
 In order to assess whether the Community market in
 one or more of the products listed in Article 1 ( 1 ) of        1.     A Member State may take one or more interim
 Regulation No 123/67/EEC is, by reason of imports              protective measures if, after an assessment based on
 or exports, experiencing or threatened with serious            the factors mentioned in Article 1 , it considers that
 disturbances which may endanger the objectives set             the situation foreseen in Article 12 ( 1 ) of Regulation
out in Article 39 of the Treaty, particular account             No 123 /67/EEC has arisen on its own territory.
 shall be taken of :
                                                                Interim protective measures may comprise :
 ( a) the volume of imports or exports effected or               ( a) the suspension of imports or exports ;
      foreseen ;
                                                                (b) the requirement that export charges should be
 (b) the quantities of products available on the                      deposited or secured.
      Community market;
                                                                The measure mentioned in (b) shall not result in the
 (c) the prices recorded on the Community market or             payment of charges unless it is so decided in
      the foreseeable trend of these prices and in              accordance with Article 12 (2) or ,(3 ) of Regulation
      particular any excessive upward or downward               No 123 /67/EEC .
      trend thereof;
                                                                The provisions of Article 2 (2) of this Regulation
 ( d) the free-at-Community-frontier offer prices if the        shall apply.
      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 12 (2) of
                                                                Regulation No 123 /67/EEC. These measures shall
  L.    The measures which may be taken under Article           apply only until the decision taken by the
12 (2) and (3 ) of Regulation No 123 /67/EEC, should            Commission on this matter enters into force.
the situation mentioned in Article 12 ( 1 ) arise, shall
be the suspension of imports or exports or the
                                                                                         Article 4
levying of charges on exports.
2.     These measures may only be taken to such                 The charges provided for in Article 2 ( 1 ) shall be
                                                                considered as levies in relation to third countries
extent and for such length of time as is strictly
necessary. They shall take account of the special               within the meaning of Article 11 (4) of Council
situation of products already on their way to the               Regulation No 130/66/EEC1 of 26 July 1966 on the
Community. They may not extend to products other                financing of the common agricultural policy.
than those imported from or intended for third
countries. They may be restricted to products                                            Article 5
imported from or originating in particular countries,
to exports to particular countries or to particular             This Regulation shall enter into force on 1 January
kinds, qualities or types of presentation. They may be          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.