Regulation (EEC) No 2707/72 of the Council of 19 December 1972 laying down the conditions for applying protective measures for fruit and vegetables

REGULATION (EEC) No 2707/72 OF THE COUNCIL of 19 December 1972 laying down the conditions for applying protective measures for 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 1035/72 1 of 18 May 1972 on the common organisation of the market in fruit and vegetables, as amended by Regulation (EEC) No 2454/72, 2 and in particular Article 29 (1) thereof;
Having regard to the proposal from the Commission;
Whereas Article 29 (1) of Regulation (EEC) No 1035/72 authorises appropriate measures to be taken where, by reason of imports or exports, the Community market in one or more of the products referred to in Article 1 experiences or is threatened with serious disturbances which may endanger the objectives set out in Article 39 of the Treaty, or if the withdrawal or buying-in operations carried out pursuant to Articles 18 or 19 relate to significant quantities of the products listed in Annex III A ; whereas those measures relate to trade with third countries and whereas they cease to apply, according to each individual case, either when the disturbance or threat of disturbance disappears, or when there is an appreciable reduction in the quantities withdrawn or bought in;
Whereas, consequently, the principal factors enabling an assessment to be made as to whether the market is threatened with serious disturbances or whether the quantities which have been the subject of intervention may be considered significant should be defined;
Whereas where the use of protective measures depends on the way in which trade with third countries influences the Community market, it is necessary to assess the situation on that market by taking into account the factors which led to the development in such trade, in addition to the characteristics of the market itself;
Whereas where the use of protective measures depends on the size of the withdrawals made on the Community market, the duration of those operations should be taken into account;
Whereas measures which could be taken pursuant to Article 29 of Regulation (EEC) No 1035/72 should be defined ; whereas such measures should be of a kind as will bring to an end the disturbances or threat of disturbances arising from trade with third countries ; whereas in the case of large withdrawals, such measures should be of a kind as will prevent the situation on the Community market from deteriorating ; whereas the measures referred to above should be in keeping with circumstances so that they have none but the desired effect;
Whereas the use, by a Member State, of protective measures should be limited to the case where the market of that State, following an assessment based on the factors referred to above, is considered as satisfying the conditions provided for in the first indent of Article 29 (1) of Regulation (EEC) No 1035/72 ; whereas the measures which are likely to be taken in such a case should be such as will prevent the situation on the market from deteriorating further ; whereas however such measures should be protective ; whereas because of their protective character the application of these national measures is only justified until the entry into force of a Community decision on the subject;
Whereas it is for the Commission to decide on the Community protective measures to be taken within twenty-four hours of receiving a request therefore from a Member State ; whereas in order to enable the Commission to assess the  1 OJ No L 118, 20.5.1972, p. 1.  2 OJ No L 266, 25.11.1972, p. 1.   situation on the market as accurately as possible, it is necessary to lay down provisions which will ensure that the Commission be informed as soon as possible of the protective measures applied by a Member State ; whereas, therefore, it should be provided that the Commission be notified of such measures as soon as they have been decided upon, and that such notification should be considered as a request within the meaning of Article 29 (2) of Regulation (EEC) No 1035/72;