CELEX: 31971R1427
Language: en
Date: 1971-07-02
Title: Regulation (EEC) No 1427/71 of the Council of 2 July 1971 introducing protective measures for products processed from fruit and vegetables

468                                  Official Journal of the European Communities
 7.7.71                               Official Journal of the European Communities                            No L 151 /5
                                  REGULATION (EEC) No 1427/71 OF THE COUNCIL
                                                       of 2 July 1971
                    introducing protective measures for products processed from fruit and vegetables
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                        Regulation (EEC) No 865/68 experiences or is
                                                                  threatened with serious disturbances which may
 Having regard to the Treaty establishing the                     endanger the objectives of Article 39 of the Treaty,
 European Economic Community;                                     appropriate measures may be applied in trade with
                                                                  third countries until such disturbances or threat of
 Having regard to Council Regulaticpn (EEC) No                    disturbance has ceased.
 865 /68 1 of 28 June 1968 on the common organisation
 of the market in products processed from fruit and               The Council, acting in accordance with the voting
 vegetables, as last amended by Regulation (EEC) No               procedure laid down in Article 43 (2) of the Treaty
 1425 /71 ,2 and in particular Article 7 thereof;                 on a proposal from the Commission, shall adopt
                                                                  detailed rules for the application of this paragraph
 Having regard to the proposal from the Commission ;              and define the cases in which and the limits within
                                                                  which Member States may take protective measures.
 Whereas, pending adoption of all the provisions
 necessary for the coordination and unification of the           2.     If the situation mentioned in paragraph 1 arises,
treatment Member States accord to imports from                    the Commission shall, at the request of a Member
third countries, the necessary measures should be                 State or on its own initiative, decide upon the
adopted forthwith to make it possible for the                     necessary measures ; the measures shall be
Community to deal with serious disturbances to                    communicated to the Member - States and shall be
which the market in these products could be exposed               immediately applicable. If the Commission receives a
by reason of imports effected on terms, and in                   request from a Member State, it shall take a decision
particular at prices, which could endanger the                   thereon within twenty-four hours following receipt of
objectives set out in Article 39 of the Treaty;                  the request.
Whereas, largely because of storage facilities for the           3 . The measures decided upon by the Commission
products in question, the possibility which is open to            may be referred to the Council by any Member "State
all Member States of adopting protective measures at              within three working days following the day on
national level is not sufficient to deal with such               which they were communicated. The Council shall
situations ;                                                      meet without delay. It may amend or annul the
                                                                 measures in question in accordance with the voting
HAS ADOPTED THIS REGULATION :
                                                                 procedure laid down in Article 43 (2) of the Treaty.
                                                                                          Article 2
                          Article 1
                                                                 This Regulation shall enter into force on the day
1 . If by reason of imports the Community market                 following its publication in the Official Journal of the
in one or more of the products listed in Article 1 of            European Communities.
               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
1 OJ No L 153 , 1.7.1968 , p. 8.
2 OJ No L 151 , 7.7.1971 , p. 1 .