CELEX: 31975R1928
Language: en
Date: 1975-07-22 00:00:00
Title: Regulation (EEC) No 1928/75 of the Council of 22 July 1975 laying down detailed rules for applying protective measures in the market in products processed from fruit and vegetables

29 . 7. 75                              Official Journal of the European Communities                          No L 198 / 11
                               REGULATION (EEC) No 1928/75 OF THE COUNCIL
                                                         of 22 July 1975
               laying down detailed rules for applying protective measures in the market in
                                       products processed from fruit and vegetables
THE COUNCIL OF THE EUROPEAN                                        Whereas recourse by a Member State to Article 7 of
COMMUNITIES,                                                       Regulation (EEC) No 1927/75 should be limited to
                                                                   cases in which the market of that State, following an
                                                                   assessment based on the abovementioned factors, is to
Having regard to the Treaty establishing the European
Economic Community ;                                               be regarded as fulfilling the conditions of that Article ;
                                                                   whereas the measures likely to be taken in such a case
                                                                   should be designed to prevent the market situation
Having regard to Council Regulation (EEC) No                       from deteriorating further and must be of an interim
 1927/75 (J) of 22 July 1975 concerning the system of               nature ; whereas, consequently, such national
trade with third countries in the market in products               measures may apply only until the entry into force of
processed from fruit and vegetables, and in particular             a Community decision on the matter ;
Article 7(1 ) thereof ;
                                                                   Whereas the Commission must take a decision on
Having regard to the proposal from the Commission ;                Community protective measures to be applied in
                                                                   response to a request from a Member State within 24
Whereas Article 7 of Regulation (EEC) No 1927/75                    hours following receipt of the request ; whereas, in
makes provision for the application of appropriate                 order that the Commission may assess the situation
measures if, by reason of imports or exports, the                  on the market with the greatest effectiveness, provi­
                                                                   sion should be made to ensure that it is informed as
Community market in one or more of the products
listed in Article 1 of Council Regulation (EEC) No                 quickly as possible of any interim protective measures
865/68 (2) of 28 June 1968 on the common organiza­                 applied by a Member State ; whereas, therefore, provi­
                                                                   sion should be made for the Commission to be noti­
tion of the market in products processed from fruit
and vegetables, as last amended by Regulation (EEC)                fied of any such measures as soon as they have been
No 1420/75 (3), experiences or is threatened with                  adopted and for such notification to be treated as a
serious disturbances which may endanger the objec­                  request within the meaning of Article 7 (2) of Regula­
tives set out in Article 39 of the Treaty ; whereas these          tion (EEC) No 1927/75,
measures relate to trade with third countries and
whereas they are to cease to apply once the distur­
bance or threat of disturbance has ceased ;
                                                                    HAS ADOPTED THIS REGULATION :
Whereas the main factors to be taken into account in
assessing whether the Community market is seriously
disturbed    or   threatened    with     serious   disturbance
should be specified ;                                                                      Article 1
Whereas recourse to protective measures depends on                  In order to assess whether the Community market in
the effect of trade with third countries on the Commu­             one or more of the products listed in Article 1 of
nity market ; whereas the situation on this market                 Regulation (EEC) No 865/68 is, by reason of imports
must therefore be assessed by taking account not only              or exports, experiencing or threatened with serious
of the factors peculiar to the market itself but also of           disturbances which might endanger the objectives set
those relating to the trend of that trade ;                        out in Article 39 of the Treaty, particular account shall
                                                                   be taken of :
Whereas the measures which may be taken in applica­
                                                                   (a) the volume of imports or exports effected or fore­
tion of Article 7 of Regulation (EEC) No 1927/75
                                                                       seen ;
should be specified ; whereas those measures must be
such as to put an end to serious disturbances on the               (b) the quantities of products available on the Commu­
market and the threat of such disturbances ; whereas,                   nity market ;
they must accordingly be suited to the circumstances
if they are not to have other than the desired effects ;           (c) the prices for Community products on the
                                                                        Community market or the foreseeable trend of
(') See page 7 of this Official Journal.                                these prices and in particular any excessive upward
(2) OJ No L 153, 1 . 7. 1968 , p. 8 .                                  or downward trend thereof in relation to prices in
(3) OJ No L 141 , 3 . 6 . 1975, p. 1 .                                  the years immediately preceding ;
 ---pagebreak--- No L 198 / 12                          Official Journal of the European Communities                                 29 . 7. 75
(d) where the abovementioned situation arises as a               imports intended for particular regions of the Commu­
     result of imports, the prices obtaining on the              nity or to exports from such regions.
     Community market, at a comparable stage, for
                                                                 3 . The rejection referred to in paragraph 1 (a)
     products from third countries, and in particular
     any excessive downward trend in these prices.               second indent, shall apply to applications made
                                                                 during the period in which the suspension referred to
                                                                 in Article 4 is applied.
                           Article 2
 1 . Should the situation referred to in Article 7 ( 1 ) of                               Article 3
Regulation (EEC) No 1927/75 arise, the measures                  The application of this Regulation shall respect the
which may be taken under paragraphs 2 and 3 of that              Community's obligations under international agree­
Article shall be :
                                                                 ments .
(a) for products subject to the system of import certifi­
     cates :                                                                              Article 4
     — the total or partial discontinuation of the issue          1 . A Member State may take one or more interim
         of certificates, as a result of which new applica­       protective measures if, subsequent to an assessment
         tions will not be accepted ; .                          based on the factors set out in Article 1 , it considers
     — the rejection of all or some of the applications          that the situation referred to in Article 7 ( 1 ) of Regula­
         for the issue of certificates which are being           tion (EEC) No 1927/75 has arisen on its territory.
         examined ;                                              Article 2 (2) shall apply. The interim protective
                                                                 measures shall be as follows :
(b) for products not subject to the system of import
     certificates : total and partial suspension of              (a) for products subject to the system of import certifi­
     imports ;                                                        cates the total or partial suspension of the issue of
                                                                      certificates ;
(c) for all products :
                                                                 (b) for products not subject to the certificate system,
     — the introduction of arrangements under which,                  the total or partial suspension of imports ;
         if the price for an imported product falls below
         a certain minimum, a condition may be                   (c) for all products, the total or partial suspension of
         imposed whereby that product may be                          exports.
         imported only at a price which is at least equal        2. The Commission shall be notified by telex of
         to such minimum ;                                       the interim protective measures referred to in para­
     — the total or partial suspension of exports.               graph 1 as soon as they have been decided on . Such
                                                                 notification shall constitute a request within the
2. The measures referred to in paragraph 1 may be                meaning of Article 7 (2) of the Regulation (EEC) No
taken only to such extent and for such length of time             1927/75. The measures shall apply only until such
as is strictly necessary. They shall take account of the         time as a decision by the Commission on the matter
special situation of products which are already on               enters into force .
their way to the Community. They may not extend to
products other than those imported from or intended                                       Article 5
for third countries. They may be restricted to products
imported from or originating in particular countries,            This Regulation shall enter into force on the third day
to exports to particular countries or to particular quali­       following its publication in the Official Journal of
ties or types of presentation . They may be restricted to         the European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 22 July 1975.
                                                                               For the Council
                                                                                The President
                                                                                G. MARCORA