Council Regulation (EEC) No 346/79 of 5 February 1979 laying down conditions for applying protective measures in the market in wine

COUNCIL REGULATION (EEC) No 346/79  of 5 February 1979  laying down conditions for applying protective measures in the market in wine
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 337/79 of 5 February 1979 on the common organization of the market in wine (1), and in particular Article 26 (1) thereof,
Having regard to the proposal from the Commission (2),
Whereas in Article 26 (1) of Regulation (EEC) No 337/79 provision is made 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 (2) 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 26 (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 influence 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 under Article 26 of Regulation (EEC) No 337/79 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 the organization of the market in wine includes a system of import licences ; whereas in view of the existence of that system, rules should be laid down whereby interim protective measures at Community level can be decided upon after a summary examination of the situation;
Whereas recourse by a Member State to Article 26 of Regulation (EEC) No 337/79 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 stop 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 the 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 must 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 26 (2) of Regulation (EEC) No 337/79,