Regulation (EEC) No 2780/75 of the Council of 29 October 1975 laying down conditions for applying protective measures in the market in poultrymeat

REGULATION (EEC) No 2780/75 OF THE COUNCIL  of 29 October 1975  laying down conditions for applying protective measures in the market in poultrymeat
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community;
Having regard to Council Regulation (EEC) No 2777/75 (1) of 29 October 1975 on the common organization of the market in poultrymeat, and in particular Article 12 (1) thereof;
Having regard to the proposal from the Commission;
Whereas Article 12 (1) of Regulation (EEC) No 2777/75 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 Article 12 (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 of trade with third countries on the Community market, 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 12 of Regulation (EEC) No 2777/75 should be laid down ; 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 recourse by a Member State to Article 12 of Regulation (EEC) No 2777/75 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 this interim nature of national measures justifies their application 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 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 12 (2) of Regulation (EEC) No 2777/75,