CELEX: 51980PC0507
Language: en
Date: 1980-09-04
Title: Proposal for a COUNCIL REGULATION (EEC) derogating from certain import rules laid down in Regulation (EEC) No 1837/80 on acommon organization of the market in sheepmeat and goat meat#Proposal for a COUNCIL REGULATION (EEC) laying down conditions for the application of protective measures in the sheepmeat and goatmeat sector (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 507
Vol. 1980/0169
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 ---pagebreak---    COMMISSION OF THE EUROPEAN COMMUNITIES
                                                               COM(80)507 final
                                     ,J                       Brussels, 4 September 1980
                                               Proposal for a
                                          COUNCIL REGULATION ( EEC )
        derogating from certain import rules laid down in Regulation ( EEC ) No
                 r-"; s ! /
        1837 / 80 on acommon organization of the market in sheepmeat and goat
                                                   meat
                   V             ■
                   . .     * V •   ,
                                               Proposal for a
                /,     C
                         .                COUNCIL REGULATION ( EEC )
        laying down conditions for the application of protective measures in
                                      the sheepmeat and goatmeat sector
                     ( submitted to the Council by the Commission )
C0M(80 ) 507 final
 ---pagebreak---                          EXPLANATORY MEMORANDUM
Article 35 of Council Regulation N° 1837 / 80 lays down that that Regulation
shall apply as from the date of application of the Agreements resulting from
the negotiating brief given to the Commission by the Council on 20 December 1979 .
The discussions with a number of third countries prepared to undertake to
monitor their exports of sheepmeat products to the Community must be translated
into practice by the signing of voluntary restraint agreements . For the purpose
of enabling those Agreements to be implemented , it is necessary to derogate
from certain import rules and, in particular , from Article 16 of that Regulation .
In addition , it is necessary to have adopted the rules for applying the
protective measures provided for in Article 21 of that Regulation .
 ---pagebreak---                              PROPOSAL FOR
               COUNCIL REGULATION (EEC )
      derogating from certain import rules laid down in Regulation (EEC )
      No      1837 /80 on a common organization of the market in sheep-
      meat and goat meat
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
 s
Having regard to the Treaty establishing the European Economic Community ,
Having regard to Council Regulation (EEC ) No     1837 /80 of  27 June       1980
on a common organization of the market in sheepmeat       and goat meat ^\ and
in particular Article 20(2 ) thereof ,
Having regard to the proposal from the Commission \
Whereas Article'16 of Regulation (EEC ) No 1837 /80 provides for the introduction
of a system of import and export licences enabling - the development of trade
patterns to be monitored ;   whereas the said licences are issued to any
interested party who makes application for them , provided that a security is 1
lodged guaranteeing the undertaking to import during the period of validity
of the licence ;
Whereas certain third countries have undertaken to monitor the volume of their
exports to the Community and to communicate to the Commission statistics
relating to such exports ;   whereas it is appropriate to limit the issue of
import licences to those quantities which are the subject of the voluntary
restraint agreements ;
Whereas , in the case of such third countries and of products falling within
subheading 02.01 A IV of the Common Customs Tariff , Article 15 of Regulation
(EEC ) No   1837/80 provides for a limitation of the levy to the amount resulting
from the voluntary restraint agreements ; . whereas the said amount should be
adopted in this Regulation ;
 ^ 'Oj No L 183, 16.7.1980, p. 1 .
 ---pagebreak---                                    - 2 -
Whereas it is necessary to adopt measures to prevent deflections of trade ;
whereas , in particular , it should "be provided that the issue of the import
licence for the products in question shall "be subject to the production of
an export lioence issued by the exporting third country within the framework
of an overall quantity fixed for a specified period ; whereas such a measure
renders superfluous the lodging of a security at the time of the submission
of the application for the import licence ;
HAS ADOPTED THIS ' REGULATION :
                                iirticle 1
1.   ijy v/jvy of derogation from Article 16 of Regulation (EEC ) No  1837 / 80 ,
     the issue of the import licences , for the products falling within
     subheadings 01.04 and 02.01 A IV of the Common Customs Tariff originating
     in a third country which has undertaken to monitor its exports to the
     Community , shall be limited , for each calendar year to the overall
     quantity resulting from the voluntary restraint agreement^ signed with the "
     Community . Also , issue of the import licence shall be subject to the
     production of an export licence issued by the government of the exporting
     third country or under its responsibility .
2.   Issue of the import licence in respect of the products referred to in
     para . 1 shall not be subject to the lodging of a security .
3.   In the case of products falling within subheading 02.01 A IV of the C.C.T.
     the levy shall be limited to the amount resulting from the voluntary
     restraint agreements , that is ,      $ ad valorem .
4.   The detailed rules for the application of this Regulation shall be decided
     in accordance with the procedure laid down in Article 26 'Of Regulation ( EEC )
     No 1837 / 80 . -                 •  -
                                                                                  /
 ---pagebreak---                                  « 3 -
                               Article 2
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities .
This Regulation shall be "binding in its entirety and directly applicable in
all Member States .
                                                  For the Council
                                                  The President
 ---pagebreak---   VI-D- 2
                                           PROPOSAL FOR
                            COUNCIL REGULATION ( EEC )
          laying dovm conditions for the application of protective measures in
                           the isheepmeat    and goatmeat sector
  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
  Having regard to the Treaty establishing the European Economic Community ,
  Having regard to Council Regulation ( EEC ) No 1837/ 80 of 27 June 1980             on a
  common organization of the market in .sheepmeat          and goatmeat ( 1 ), and in
„ particular Article 21(1 ) thereof ,
  Having regard to the proposal from the Commission ,                    '
  Whereas Article 21(1 ) of Regulation ( EEC ) No       1837 / 80 provides the
  possibility of talcing appropriate measures if , in the Community , the market in
  one or more of the products referred to in Article 1 is suffering or is likely
  to suffer , on account of imports or exports , serious disturbances liable to
  jeopardize the objectives of Article 39 of the Treaty ;         whereas such measures
  relate to trade with third countries and whereas the cessation of their
  application is determined by the disappearance of the disturbance or of the
  threat of disturbance ;
  Whereas it is consequently necessary to specify the main factors v which make it
  possible to, assess whether , in the Community f- , the market is seriously
  disturbed or is threatened with so being ;
  ( 1 ) OJ No L 183 , 16.7.1980 , p. 1 .
 ---pagebreak---  whereas , since recourse to protective measures depends on the influence
 exerted by trade with third countries on the Community market , it is necessary
 to assess the situation on that market by taking account both of factors
 proper to the market itself and of factors relating to the trend of that trade ;
 Whereas the measures which may be taken pursuant . to Article 21 of Regulation
 ( EEC ) No 1837 /80 should be specified ; whereas such measures must be of such
 a kind as to remedy serious market disturbances and to remove the threat of
 such disturbances ; whereas they mast be taken in conformity with, the provisions
 of Article 18 of the aforementioned- Regulation and must "be tailored to the cir-
                                                               ι
  cumstances in order to prevent their having effects other than those desired;
 Whereas it is necessary to restrict the ability of a Member State to have
 recourse to interim protective measures where the market in that State ,
 following an assessment based on the aforementioned factors , is deemed to
 satisfy the terms of the said Article ; whereas the measures capable of being
 taken in such a case must be of such a kind as to prevent the market situation
 from deteriorating further ; whereas , however , the interim protective nature
 of national measures justifies their application only until the entry into
 force of a Community decision has been taken on this matter ;
 Whereas it is incumbent upon the Commission to determine the Community
 protective measures to be taken following a request by a Member State within
 24 hours of receipt of such an application ; whereas , in order to enable the
 Commission to assess the market situation with the maximum efficiency , it is
 necessary to lay down provisions ensuring that the Commission will be informed
 as soon as possible of the application^ of interim protective measures by a
 Member State ; whereas it should be stipulated , therefore , that such measures
-will be notified to the Commission as soon as they have been decided on and
 that such notification is to be deemed a request within the meaning of
 Article 21(2 ) of Regulation ( EEC ) No 1837 /80 ,
 ---pagebreak---                                          - 3 -
HAS ADOPTED THIS REGULATION :
                                       Article 1 .
For the purpose of assessing whether , in the Community , the market in one or
more of the products referred to in Article 1 of Regulation ( EEC ) No1 837 /80
is suffering or is likely to suffer , on account of imports or exports , serious
disturbances liable to jeopardize the objectives of Article 39 of the Treaty ,
account shall be taken in particular of :
a ) the volume of imports or exports, actual or anticipated ,
b ) supplies of products on the Community market ,
c ) prices ascertained on the Community market or the foreseeable trend of
     those prices and , in particular , of an excessive upward or downward trend
     in those prices ,
d ) the quantities of products in respect of which intervention measures have
     been taken or may have to be taken on account of imports .
                           ï           Article 2
 1 . The measures which may be taken pursuant to Article 21(2 ) and ( 3 ) of
     Regulation ( EEC ) No1837/ 80 where the situation provided for in
     paragraph 1 of this Article arises , shall be the suspension of imports or
     exports or the levying of export charges .
2 . Such measures may be taken only to the extent and for the period of time
     strictly necessary . They shall take account of the special situation of
     products on their way to the Community . They may relate only to products
     from or for third countries . They may be restricted to certain sources ,
     origins , destinations or uses , qualities or forms of presentation . They
     may be restricted to imports intended for certain Community regions or to
     exports from those regions .
 ---pagebreak---                                            - h _
                                         Article 3
  1 . Where a Membe. State deems , following an assessment based on the factors
       referred to in Article 1 . that the situation referred to in Article 21(1 )
      of Regulation (EEC ) No1837/80 exists on its territory , it may take , on an
      interim protective basis , the following measures ;
      a ) suspending imports or exports ;              ,
      b ) requiring the payment of deposits in jpespect of export charges or the
          securing of the amount thereof .
                                       \
      The measure referred to under b) shall entail no levying of. charges unless
      it has been so decided pursuant to Article 21(2 ) or ( 3 ) of Regulation (EEC )
     No 1837/ 80 .
      The provisions of Article 2(2 ) of this Regulation shall apply .
 2 . The interim protective measures shall be notified to the Commission by
     telex as soon as they have been decided on . Such notification shall be
     deemed to be an application within the meaning of Article 21(2 ) of
     Regulation ( EEC ) No1837 /80 .
     National measures shall apply only until the entry into force of Community
     measures or , in the event of a negative decision , until such a decision
     takes effect .
                                        Article 4
This Regulation shall enter into force on
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
                                                     For the Council
                                                     The President