CELEX: 31969R2594
Language: en
Date: 1969-12-18 00:00:00
Title: Regulation (EEC) No 2594/69 of the Council of 18 December 1969 laying down conditions for applying protective measures in the market in eggs

Official Journal of the European Communities                                    579
 No L 324/8                          Official Journal of the European Communities                              27.12.69
                                 REGULATION (EEC) No 2594/69 OF THE COUNCIL
                                                   of 18 December 1969
                      laying down conditions for applying protective measures in the market in eggs
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                       Whereas, since recourse to protective measures
                                                                depends on the effect of trade with third countries on
Having regard to the Treaty establishing the                     the Community market, the situation on this market
 European Economic Community;                                   must be assessed by taking account not only of the
                                                                 factors peculiar to the market itself but also of the
                                                                 factors connected with the development of that trade ;
 Having regard to Council Regulation No
 122/67/EEC1 of 13 June 1967 on the common
 organisation of the market in eggs, as amended by              Whereas the measures which may be taken in
 Regulation (EEC) No 830/68,2 and in particular                  application   of Article    12   of Regulation      No
 Article 12 ( 1 ) thereof;                                       122/67/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 ;
 Parliament3 ;
                                                                Whereas recourse by a Member State to Article 12 of
"Whereas Article 12 ( 1 ) of Regulation No 122/67/EEC           Regulation No 122/67/EEC should be limited to a
makes provision for the application of appropriate              case in which the market of that State, following an
 measures if, by reason of imports or exports, the              assessment based on the above-mentioned factors, is
 Community market in one or more of the products                regarded as fulfilling the conditions of that Article;
 listed in Article 1 thereof experiences or is threatened       whereas the measures which may be taken in that
with serious disturbances which may endanger the                case should be designed to prevent the market
 objectives set out in Article 39 of the Treaty ; whereas       situation from deteriorating further; whereas,
these measures relate to trade with third countries ;           however, they must be of an interim nature; whereas
whereas they will no longer apply when the                      this interim nature of national measures justifies their
 disturbance or threat of disturbance has ceased ;              application    only   until entry   into force    of   a
                                                                Community decision on the subject;
Whereas it is for the Council to adopt detailed rules
for the application of Article 12           (1)   of that
Regulation and define the cases in which and the                Whereas the Commission is required to take a
limits within which Member States may take interim              decision on Community protective measures to be
protective measures ;                                           applied in response to a request from a Member State
                                                                within twenty-four hours following receipt of the
Whereas therefore the main factors to be used in                request; whereas, in order that the Commission may
assessing whether the Community market is seriously             assess the situation on the market with the greatest
 disturbed or threatened with disturbance should be             effectiveness, provision should be made to ensure that
 determined ;                                                   it is informed as quickly as possible of any interim
                                                               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. 2293/67.                             notification to be treated as a request within the
2 OJ No L 151, 30.6.1968, p. 23.                                meaning of Article 12 (2) of Regulation No
3 OJ No C 97, 28.7.1969, p . 89 .                               122/67/EEC;
 ---pagebreak--- 580                                 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 122/67/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 122/67/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
     foreseen ;
                                                               (a) the suspension of imports or exports ;
                                                               (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 122/67/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
                        Article 2                              been decided on . Such notification shall be treated as
                                                               a request within the meaning of Article 12 (2) of
1.    The measures which may be taken under Article            Regulation No 122/67/EEC. These measures shall
12 (2) and (3) of Regulation No 122/67/EEC, should             apply only until the decision taken by the
the situation mentioned in Article 12 ( 1 ) arise, shall       Commission on the matters enters into force.
be the suspension of imports or exports or the
levying of charges on exports.                                                         Article 4
2. These measures may only be taken to such                    The charges provided for in Article 2 ( 1 ) shall be
extent and for such length of time as is strictly              considered as levies in relation to third countries
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
                                             1                                        The President
                                                                                      P. LARDINOIS
                                                                1 OJ No 165, 21.9.1966, p. 2965/66.