CELEX: 31969R2592
Language: en
Date: 1969-12-18 00:00:00
Title: Regulation (EEC) No 2592/69 of the Council of 18 December 1969 laying down conditions for applying protective measures in the market in rice

574                                Official Journal of the European Communities
 27.12.69                           Official Journal of the European Communities                           No L 324/3
                               REGULATION (EEC) No 2592/69 OF THE COUNCIL
                                                 of 18 December 1969
                     laying down conditions for applying protective measures in the market in rice
 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
359/67/EEC1 of 25 July 1967           on the common
 organisation of the market in rice, as last amended by         Whereas the measures which may be taken in
Regulation (EEC) No 2463 /69,2        and in particular         application of Article 22 of Regulation No
Article 22 ( 1 ) thereof;                                       359/67/EEC should be laid down ; whereas those
                                                                measures must be such as to put an end to serious
Having regard to the proposal from the Commission ;             disturbances on the market and the threat of such
                                                                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 Article 22 ( 1 ) of Regulation No 359/67/EEC            Whereas the organisation of the market in rice
makes provision for the application of -appropriate             includes a system of licences and a system of fixing
measures if, by reason of imports or exports, the               levies and refunds in advance; whereas in view of the
Community market in one or more of the products                 existence of these systems rules should be laid down
listed in Article 1 thereof experiences or is threatened        whereby interim protective measures at Community
with serious disturbances which may endanger the                level can be decided upon after a summary
objectives set out in Article 39 of the Treaty; whereas         examination of the situation;
these measures relate to trade with third countries,
whereas they will no longer apply when the                      Whereas recourse by a Member State to Article 22 of
disturbance or threat of disturbance has ceased;                Regulation No 359/67/EEC should be limited to a
                                                                case in which the market of that State, following an
Whereas it is for the Council to adopt detailed rules           assessment based on the above-mentioned factors, is
for the application of Article 22 (1 ) of that                  regarded as fulfilling the conditions of that Article ;
Regulation and define the cases in which and the                whereas the measures which may be taken in that
limits within which Member States may take interim              case should be designed to prevent the market
protective measures ;                                           situation from deteriorating further; whereas,
                                                                however, they must be of an interim nature; whereas
Whereas, therefore, the main factors to be used in              this interim nature of national measures justifies their
assessing whether the Community market is seriously             application only until the entry into force of a
disturbed or threatened with disturbance should be              Community decision on the subject;
determined;
                                                                Whereas the Commission is required to take a
                                                                decision on Community protective measures to be
                                                                applied in response to a request from a Member State
1 OJ No 174, 31.7.1967, p. 1 .                                  within twenty-four hours following receipt of the
2 OJ No L 312, 12.12.1969, p. 3 .                               request; whereas, in order that the Commission may
3 OJ No 97, 28.7.1969, p. 89.                                   assess the situation on the market with the greatest
 ---pagebreak---                                      Official Journal of the European Communities                                     575
effectiveness, provision should be made to ensure that          ( c) the total or partial rejection of outstanding
it is informed as quickly as possible of any interim                  applications for the advance fixing of levies or
protective measures applied by a Member State;                        refunds and for the issue of licences .
whereas, therefore, provision should be made for the
Commission to be notified of any such measures as               2. These measures may only be taken to such
soon as they have been adopted and for such                     extent and for such length of time as is strictly
notification to be treated as a request within the              necessary. They may not extend to products other
meaning of Article 22 (2) of Regulation No                      than those imported from or intended for third
359/67/EEC ;                                                    countries. They may be restricted to products
                                                                imported from or originating in particular countries,
                                                                to exports to particular countries or to particular
                                                                qualities or types of presentation. They may be
 HAS ADOPTED THIS REGULATION :                                  restricted to imports intended for particular regions
                                                                of the Community or to exports from such regions .
                           Article 1                            3 . The rejection of applications mentioned in
                                                                paragraph 1 shall apply to those submitted during the
                                                                periods in which the suspensions mentioned in
In order to assess whether the Community market in              Article 3 or Article 4 have been in force .
one or more of the products listed in Article 1 ( 1 ) of
Regulation No 359/67/EEC is, by reason of imports
                                                                However, if as a result of unexpected circumstances
or exports, experiencing or threatened with serious
                                                                there is or is likely to be a variation in prices such
disturbances which may endanger the objectives set              that it is clear that the levy or refund no longer fulfils
out in Article 39 of the Treaty, particular account
shall be taken of :
                                                                its purpose, the rejection may relate to applications
                                                                submitted from the time when such circumstances
                                                                become apparent.
 (a) the quantities of products for which import or
      export licences have been issued or applied for;
 (b) the quantities of products available on the                                         Article 3
      Community market;
                                                                After a summary examination of the situation based
 (c) the prices recorded on the Community market or             on the factors set out in Article 1 , the Commission
      the foreseeable trend of these prices and in              may establish by Decision that the conditions for
      particular any excessive upward trend thereof or,         applying Article 22 (2) of Regulation No 359/67/EEC
      in the case of products for which no intervention         are fulfilled. The Commission shall notify Member
      price has been fixed, any excessive downward              States of its Decision and shall publish it on a
      trend thereof;                                            notice-board at its headquarters.
 ( d) the quantities of products for which intervention
      measures have been taken or may need to be                The consequence of that Decision for the products in
      taken if the above-mentioned situation arises as a        question shall be the temporary suspension of the
      result of imports.                                        advance fixing of levies or refunds and of the issue of
                                                                licences from the time fixed for the purpose, that time
                                                                being subsequent to the notification.
                           Article 2
                                                                The Decision shall apply for not more than
                                                                forty-eight hours, without prejudice to the provisions
1.      The measures which may be taken under Article           of the second sentence of Article 22 (2) of Regulation
22 (2) and (3 ) of Regulation No 359/67/EEC, should             No 359 /67/EEC .
the situation mentioned in Article 22 ( 1 ) arise, shall
be :
( a) the total or partial suspension of the advance                                      Article 4
      fixing of levies or refunds, including the refusal
      of fresh applications ;                                   1.     A Member State may take one or more interim
                                                                protective measures if, after an assessment based on
(b) the total or partial suspension of the issue of             the factors set out in Article 1 , it considers that the
      import or export licences, including the refusal of       situation foreseen in Article 22 ( 1 ) of Regulation
      fresh applications ;                                      No 359/67/EEC has arisen on its own territory.
 ---pagebreak---  576                               Official Journal of the European Communities
Interim protective measures may comprise :                    been decided on. Such notification shall be treated as
                                                              a request within the meaning of Article 22 (2) of
(a) the total or partial suspension of the advance            Regulation No 359/67/EEC. These measures shall
     fixing of levies or refunds;                             apply only until the Decision taken by the
( b) the total or partial suspension of the issue of          Commission on this matter enters into force.
     import or export licences.
The provisions of Article 2 (2) shall apply.                                       Article 5
2.    The Commission shall be notified by telex of           This Regulation shall enter into force on 1 January
the interim protective measures as soon as they have          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