24.2.1989 EN Official Journal of the European Communities L 52/7
COUNCIL REGULATION (EEC) No 451/89
of 20 February 1989
concerning the procedure to be applied to certain agricultural products originating in various Mediterranean third countries
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas the additional protocols to the Agreements between, on the one hand, the European Economic Community and, on the other hand, Algeria, Cyprus, Egypt, Israel, Jordan, Lebanon, Malta, Morocco, Syria, Tunisia, Turkey and Yugoslavia have been concluded;
Whereas, for certain agricultural products concerned by the said Agreements and originating in those countries, those protocols provide for a progressive reduction of certain duties applied to those products; whereas certain of those products are subject to reference quantities;
Whereas, under the terms of the said protocols, the possibility exists of modfying the status of those products in the event of difficulties on the Community market or when the reference quantities are exceeded;
Whereas procedures should be established for the modification of the status of such products so as to make them subject to reference quantities in the event of such difficulties or to tariff quotas when the reference quantities are exceeded; whereas those procedures should be conducted through the Management Committee relevant to the products in question;
Whereas such a modification of status should be based on an annual review of trade flows by product and by country; whereas the object of that review is to follow developments in trade, to prevent market disruptions and to ascertain the extent to which the objective of maintaining traditional patterns of trade with the countries concerned has been achieved,
At the end of each marketing year, the Commission shall establish a review, by product and by country, of trade flows in the products referred to in Annexes I and II originating in Algeria, Cyprus, Egypt, Israel, Jordan, Lebanon, Malta, Morocco, Syria, Tunisia, Turkey and Yugoslavia, in order to prevent market disturbances.
1.   If taking account of the review referred to in Article 1, the Commission established that the volume of imports of a product listed in Annex I originating in Algeria, Cyprus, Egypt, Israel, Jordan, Lebanon, Malta, Morocco, Syria, Tunisia, Turkey or Yugoslavia is increasing to such an extent that those imports threaten to cause difficulties on the Community market, it shall implement the procedure provided for either in Article 26 of Regulation (EEC) No 2727PS (1), as last amended by Regulation (EEC) No 166/89 (2), or, as appropriate, in the corresponding articles of the other Regulations on the common organization of the agricultural markets or, for the products for which Community rules have not instituted a Management Committee, the procedure provided for by Article 32 of Regulation (EEC) No 1035/72 (3), as last amended by Regulation (EEC) No 2238/88 (4), with a view to establishing a reference quantity for the product and the origin in question. If, over two consecutive years, this reference quantity is not reached, it shall cease to have effect.
2.   For the preparation of the review mentioned in paragraph 1, the products concerned shall be monitored under the statistical system provided for by Article 5 of Regulation (EEC) No 2658/87 (5) as last amended by Regulation (EEC) No 20/89 (6).
3.   Article 3 shall apply to the products for which the Commission has established a reference quantity in accordance with paragraph 1.
1.   Where a reference quantity established under Article 2 or concerning a product listed in Annex II originating in a country mentioned in that Annex is exceeded, and in the light of the review referred to in Article 1, the Commission shall implement the procedure provided for either in Article 26 of Regulation (EEC) No 2727/75 or, as appropriate, in the corresponding articles of the other Regulations on the common organization of the agricultural markets, or, for the products for which Community rules have not instituted a Management Committee, the procedure provided by Article 32 of Regulation (EEC) No 1035/72, in order to make the product in question subject to a Community tariff quota equal to the said reference quantity.
The arrangements for implementing this Article shall be adopted in accordance with the procedure provided for in Article 26 of Regulation (EEC) No 2727/75.
2.   For the preparation of the review referred to in Article 1, the products concerned shall be subject to the surveillance procedure determined by Regulation (EEC) No 452/89 (7).
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 January 1989.
This Regulation shall be binding in its entirety and directly applicable in all Member States.