Regulation (EEC) No 2769/75 of the Council of 29 October 1975 laying down conditions for applying protective measures in the market in pigmeat

REGULATION (EEC) No 2769/75 OF THE COUNCIL  of 29 October 1975  laying down conditions for applying protective measures in the market in pigmeat
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community;
Having regard to Council Regulation (EEC) No 2759/75 (1) of 29 October 1975 on the common organization of the market in pigmeat, and in particular Article 18 (1) thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament (2);
Whereas Article 18 (1) of Regulation (EEC) No 2759/75 makes provision for the application of appropriate measures if, by reason of imports or exports, the Community market in one or more of the products listed in Article 1 thereof experiences or is threatened with serious disturbances which may endanger the objectives set out in Article 39 of the Treaty ; whereas these measures relate to trade with third countries ; whereas they will no longer apply when the disturbance or threat of disturbance has ceased;
Whereas it is for the Council to adopt detailed rules for the application of the said Article 18 (1) and to define the cases in which and the limits within which Member States may take interim protective measures;
Whereas it is therefore necessary to specify the main factors to be used in assessing whether the Community market is seriously disturbed or threatened with disturbance;
Whereas, since recourse to protective measures depends upon the effect on the Community market of trade with third countries, the situation on this market must be assessed by taking account not only of the factors peculiar to the market itself but also of those relating to the trend of that trade;
Whereas the measures which may be taken in application of Article 18 of Regulation (EEC) No 2759/75 should be specified ; whereas those measures must be such as to put an end to serious disturbances on the market and to the threat of such disturbances ; whereas if they are not to have other than the desired effects, they must be capable of being adapted to the particular circumstances;
Whereas both the criteria for assessing the situation on the market and the measures required to deal with that situation must be determined in the light of the fact that the provisions governing trade in pigmeat do not at present include a system of import licences;
Whereas recourse by a Member State to Article 18 of Regulation (EEC) No 2759/75 should be limited to cases in which the market of that State, following an assessment based on the abovementioned factors, is regarded as fulfilling the conditions of that Article ; whereas the measures which may be taken in such a case should be designed to prevent the market situation from deteriorating further ; whereas, however, they must be of an interim nature and should accordingly apply only until the entry into force of a Community decision on the subject;
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 within 24 hours following receipt of the request ; whereas, in order that the Commission may assess the situation on the market with all proper accuracy, provision should be made to ensure that it is informed as quickly as possible of any interim protective measures applied by a Member State ; whereas provision should therefore be made for the Commission to be notified of any such measures as soon as they have been adopted and for such notification to be treated as a request within the  (1)See page 1 of this Official Journal. (2)OJ No C 60, 13.3.1975, p. 42.
meaning of Article 18 (2) of Regulation (EEC) No 2759/75,