CELEX: 51972PC1430
Language: en
Date: 1972-11-20
Title: Proposal for a REGULATION OF THE COUNCIL laying down the conditions for applying protective measures for fruit and vegetables (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (72) 1430
Vol. 1972/0187
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 ---pagebreak--- COMMISSION               OP    THE     EUROPEAN           COMMUNITIES
                                                COM(72)1430 final
                                                Brussels . 20 November 1972
                                Proposai for a
                          REGULATION OP THE COUNCIL
laying down the conditions for applying protective measures for fruit
                                and vegetables
                    ( submitted to the Council by the Commission )
 COM(72 ) 1430 final
 ---pagebreak---              PROPOSAL FOR A REGULATION OF THE COTJNCTL
laying down the conditions for applying protective measures for fruit
                              and vegetables
                               THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
                              Having regard to the Treaty establishing the Euro­
                               pean Economic Community ,
                              Havingregard to Council Regulation (EEC ) NO
                               1035/72 ^ ^cf 18 May 1972 on the common organiza­
                               tion of the market in fruit and vegetables , as
                              amended by Régulation (ÉEC ) No          / 72
                                                                           35 ,
                              and in partioular Article 29 ^^ thereof ,
                               Having regard to the proposal from the Commission ,
Whereas Article 29       of Regulatipn (EEC ) No 1035/72 authorizes appropiate
measures to be taken where , by reason of imports or exports , the Community
market in one or more of the products referred to in Article 1 experiences
or is threatened with serious disturbances which may endanger the objectives
               >     • 1
set out in Article 39 of the Treaty , or if the withdrawal or buying-in
operations carried out pursant to Articles 18 or 19 relate to significant
quantities of the products listed in Annex III bis 5 whereas those measures
relate to trade with third countries and whereas they cease to apply , accor­
ding to each individual case , either when the disturbance or threat of dis­
turbance disappears , or when there is an appreciable reduction in the quanti­
ties withdrawn or bought in$
Whereas it is ■ for the Council to define the manner in which Article 29 ^^
referred to above should be applied as well as the cases and the limits 'tinder
whioh the Member States may take protective measures !
    O.J. No L.   118 of 20.5.1972 , p. 1
    O.J. No L.
                                                                       •/•
 ---pagebreak---                                                            2.
Whereas , consequently , the principal factors enabling an --assessment to
be made as to whether the market is threatened with serious disturbances ,
or whether the quantities which have been the subject of intervention may
be considered significant should be defined ;
Whereas where the use of protective measures depends on the way in which
trade with third coun tries influences .the Community market , it is necessary
to assess the situation on that market by taking into aocount the factors
which led to the development in such trade , in addition to the character­
istics of the market itself j                                       •
Whereas where the use of protective measures depends on the size of the with­
drawals made on the Community market , the duration of those operations
should be taken into account ;
Whereas measures which could be taken pursuant to Article 29 of Regulation
(EEC ) No 1035/72 should be defined; whereas such measures should be of a
kind as Tsill bring to an end the disturbances or threat of disturbances
arising from trade with third countries ; whereas in the case of large
withdrawals , such measures should be of a kind as will prevent the situ­
ation on the Community market from deteriorating ; whereas the measures" re­
ferred to above should be in keeping with circumstances so that they have
none but the desired effect ;    .
Whereas a Member State 's use of protective measures should be limited to
the case where the market of that State , following .an assessment based on'
the factors referred to above , is considered as- satisfying the conditions
provided for in the first indent of Article 29 ^ of Regulation (EEC )
Bo 1035/72 ; whereas the measures which are likely to be taken in such a case
should be such as will prevent the situation on the market from deteriora­
ting further ; whereas however su©h measures should be protective ; whereas
because of their protective character the application of these national
measures is only justified until the entry into force of a Community decision
on the subject ;                                                        ■
                                                       / •  . »/
                                                                      •/. ;
 ---pagebreak---                                                            3.
"Whereas it is for the Commission to decide on the Community protective
 measures to be taken within 24 hours of receiving a request therefor©
 from a Member State ; whereas in order to enable the Commission to assess
 the situation on the market as accurately as possible , it is necessary
 to lay down provisions which will ensure that the Commission be informed
 as soon as possible of the protective measures applied by a Member State ;
 whereas , therefore , it should be provided that the Commission be notified
 of such measures as soon as they have been decided upon , and that such
 notification should be considered as a request within the meaning of
Article 29 ^ of Regulation (EEC ) No 1035/72 }
                        BAS ADCPTED THIS REGULATION t
 Article 1
                       In order to determine whether the situation referred
 to in the first indent of Article 29 ^"^ of Regulation (EEC ) No 1035/72
 exists , account shall be taken in particular of :
 (a ) The actual or probable volume of imports or exports ;
 (b ) The availability of products on the Community market ;
 ( c ) The prices of domestic products recorded on the Community marks
       oir the probable trend of those prices , and in particular their tendency
       to fall or rise excessively in relation to basic prices or ,   with
       regard   to products which do not have basic prices , in relation to
       the prices of preceding years ;
  (d ) If the situation referred to in the" first part exists by reason of
       imports s
       - The prices on the Community market of products exported from third
          countries and in particular their tendency to fall excessively;
       - Qantities for which withdrawals are or may be effected .
                                                                       -/•
 ---pagebreak---                                                             4.
Article 2
                  In order to determine whether the situation referred to
in the second indent of Article 29 ^ of Regulation (EEC ) No 1035/72
exists , acoount shall "be taken of «                                 >
- The quantities of apples and pears withdrawn or purchased over a period
   of 15 days ,
- The quantities of the other products listed in Annex III bis of Regulation
   (EEC ) NO 1035/72 withdrawn or purchased over a period of seven days .
                  The detailed rules for the application of this Article shall
be adopted , as and when required , in accordance with the procedure provi­
ded for in Article 33 of Regulation (EEC ) NO 1035/72
Article 3
1.                Measures which can be taken pursuant to Article 29 and^of
    Regulation (EEC ) NO 1035/72 are :
    - When the situation covered by the first indent of paragraph 1 of
       that Article exists , the suspension of imports or exports or the
       levying of export taxes $
    - When the situation referred to in the second indent of paragraph 1
       of that Article exists , the suspension of imports or the levying of
       an additional amount equal to 50 $ of the difference between the
       basic price and the price referred to in the first indent of Article
     • 15 (l )(a ) 0f Regulation (EEC ) NO 1035/72. This additional amount
       shall be added to the customs duties and to the countervailing charges ,
       if any , which may have been introduced pursuant to Article 25 of
       Regulation (EEC ) NO 1035/72 .
2.                 Such measures may only be taken in so far , and for as long ,
    as they are strictly necessary. With regard to the measures provided for
    in the second indent of paragraph 1 , they shall be suspended if , for at
    least one week , a sizeable reduction is noted in the quantities withdrawn
    or bought in as compared with the quantities withdrawn or bought in before
    the measures were introduced . '                                     •/•
 ---pagebreak---                                                            5.
3.      The measures provided for in paragraph. 1 shall take account of the
    special position of products in transit to the Community. They shall
    apply only to products exported from , or intended for , third countries .
    They may be limited to products exported from , originating in , or inten­
    ded for certain countries , or to certain qualities , size grades or
    groups .
        As regards the measures provided for in the first indent of para­
    graph 1 , they may be limited to imports intended for certain areas of
    the Community or to exports from such areas *
Artide 4
1.      A Member State may take one or more protective measures when it
    considers that , having made an assessment based on the factors referred
    to in Article 1 , the situation covered by the first indent of Article
    29 (l ) of Regulation (EEC ) No 1035/72 exists .
        The protective measures shall be :
(a ) To suspend imports or exports ,
(b ) To require payment of export taxes or the giving of security in
     respect thereof .
        The measure referred to under (b ) shall not involve the collection
    of taxes   unless a decision has been taken to that effect pursuant to
    Article 29 ^ or ^ of Regulation (EEC ) Ho 1035/72.
        The provisions of Article 3 ^^ of this Regulation shall apply.
 ---pagebreak---                                                            6.
2.              The Commission shall be notified by telex of the protective
    measures which have been decided on . Such notification shall be deemed
                                                 (2 )
    a request within the meaning of Article 29 v ' of Regulation (EEC ) No
    1035/72 . Such maesures. shall only be apllicable until the entry into
    force of the decision taken by the Commission accordingly.
Article 5
                Article 28 of Regulation (EEC ) NO 1035/ 72 shall apply in
cases where it is decided to collect an additional amount in accordance
with the second indent of Article 3 ^«
Article 6
                Council Regulation (EEC ) No 2514/69     of 9 December 1969
defining the conditions for applying protective measures , to fruit and
vegetables is repealed.
Article 7                                              ,
                This Regulation shall enter into force on the third day
following its publication in the Official Journal of the European Commu­
nities .
                 It shall apply as from the opening date of the 1973-1974
marketing year in respect of each of the products concerned.
                 This Regulation shall be binding in its entirety and directly
applicable in all Member States .
                                   Done at Brussels ,
                                    For the Council
                                     The Président
(1 ) O.J. L. 318 , of 18.12.1969 , p. 8