Regulation (EEC) No 226/72 of the Council of 31 January 1972 laying down conditions for applying protective measures in the market in sugar

REGULATION (EEC) No 226/72 OF THE COUNCIL of 31 January 1972 laying down conditions for applying protective measures in the market in sugar
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community;
Having regard to Council Regulation No 1009/67/EEC1 of 18 December 1967 on the common organization of the market in sugar, as last amended by Regulation (EEC) No 2727/71,2 and in particular the second subparagraph of Article 21 (1) thereof;
Having regard to the proposal from the Commission;
Whereas Article 21 (1) of Regulation No 1009/67/EEC 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 Article 21 (1) of that Regulation and define the cases in which and the limits within which Member States may take interim protective measures;
Whereas, therefore, the main factors to be used in assessing whether the Community market is seriously disturbed or threatened with disturbance should be determined;
Whereas, since recourse to protective measures depends on 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 the factors connected with the development of that trade;
Whereas the measures which may be taken in application of Article 21 of Regulation No 1009/67/EEC should be defined ; 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 be suited to the circumstances if they are not to have other than the desired effects;
Whereas the organization of the market in sugar includes a system of licences and, for certain products, a system of fixing levies and refunds in advance ; whereas in view of the existence of these systems rules should be laid down whereby protective measures at Community level can be decided upon after a summary examination of the situation;
Whereas recourse by a Member State to Article 21 of Regulation No 1009/67/EEC should be limited to a case 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 that case should be designed to prevent the market situation from deteriorating further ; whereas, however, they must be of an interim nature ; whereas, in view of this interim nature of national measures, they should be applied 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 twenty-four hours following receipt of the request ; whereas, in order that the Commission may assess the situation on the market correctly, provision should be made to ensure that it is informed as quickly as possible of any protective measures applied by a Member State ; whereas, therefore, provision should be made for the Commission to be  1 OJ No 308, 18.12.1967, p. 1.
2 OJ No L 282, 23.12.1971, p. 8.  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 21 (2) of Regulation No 1009/67/EEC;