Council Regulation (EEC) No 521/77 of 14 March 1977 laying down detailed rules for applying protective measures in the market in products processed from fruit and vegetables

COUNCIL REGULATION (EEC) No 521/77  of 14 March 1977  laying down detailed rules for applying protective measures in the market in products processed from fruit and vegetables
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 516/77 of 14 March 1977 on the common organization of the market in products processed from fruit and vegetables (1), and in particular Article 14 (1) thereof,
Having regard to the proposal from the Commission,
Whereas Article 14 of Regulation (EEC) No 516/77 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 of the said Regulation 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 are to cease to apply once the disturbance or threat of disturbance has ceased;
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:
Whereas recourse to protective measures depends on the effect of trade with third countries on the Community market ; whereas the situation on this market must therefore 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 14 of Regulation (EEC) No 516/77 should be specified ; whereas those measures must be such as to put an end to serious disturbances on the market and the threat of such disturbances ; whereas they must accordingly be suited to the circumstances if they are not to have other than the desired effects;
Whereas recourse by a Member State to Article 14 of Regulation (EEC) No 516/77 should be limited to cases in which the market of that State, following an assessment based on the abovementioned factors, is to 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 from deteriorating further and must be of an interim nature ; whereas, consequently, such national measures may apply only until the entry into force of a Community decision on the matter;
Whereas the Commission must 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 the greatest effectiveness, 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, therefore, provision should 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 meaning of Article 14 (2) of Regulation (EEC) No 516/77,