Avis juridique important

Commission Regulation (EEC) No 687/79 of 5 April 1979 laying down protective measures in respect of imports of dessert apples from countries in the southern hemisphere originating in Chile Official Journal L 086 , 06/04/1979 P. 0018 - 0019

**** ( 1 ) OJ NO L 118 , 20 . 5 . 1972 , P . 1 . ( 2 ) OJ NO L 45 , 22 . 2 . 1979 , P . 1 . COMMISSION REGULATION ( EEC ) NO 687/79 OF 5 APRIL 1979 LAYING DOWN PROTECTIVE MEASURES IN RESPECT OF IMPORTS OF DESSERT APPLES FROM COUNTRIES IN THE SOUTHERN HEMISPHERE ORIGINATING IN CHILE THE COMMISSION OF THE EUROPEAN COMMUNITIES , HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1035/72 OF 18 MAY 1972 ON THE COMMON ORGANIZATION OF THE MARKET IN FRUIT AND VEGETABLES ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 325/79 ( 2 ), AND IN PARTICULAR ARTICLE 29 ( 2 ) THEREOF , WHEREAS , ACCORDING TO THE INFORMATION AT PRESENT AVAILABLE , PRODUCTION OF APPLES IN THE COMMUNITY IN THE CURRENT MARKETING YEAR HAS REACHED APPROXIMATELY 6 661 000 TONNES ; WHEREAS THIS IS ABOUT 1 500 000 TONNES MORE THAN IN 1977/78 AND APPROXIMATELY THE SAME AS IN 1976/77 ; WHEREAS THE STOCKS STILL AVAILABLE ARE SUBSTANTIALLY HIGHER THAN THOSE AT THE SAME PERIOD IN THE TWO PREVIOUS YEARS ; WHEREAS THEY ARE VERY SIMILAR TO THOSE AVAILABLE AT THE SAME PERIOD IN 1975/76 , WHEN 830 000 TONNES HAD TO BE WITHDRAWN FROM THE MARKET ; WHEREAS IT WILL PROBABLY NOT BE POSSIBLE TO DISPOSE OF THESE STOCKS IN THE NORMAL WAY BEFORE THE END OF THE MARKETING YEAR AND LARGE QUANTITIES MAY HAVE TO BE WITHDRAWN FROM THE MARKET , SINCE FOR TECHNICAL REASONS STORAGE CANNOT BE PROLONGED BEYOND A CERTAIN POINT ; WHEREAS IN SEVERAL MEMBER STATES PRODUCER PRICES ARE AT A PARTICULARLY LOW LEVEL IN RELATION TO THE BASIC PRICE ; WHEREAS IN ALL THE MEMBER STATES THESE PRICES ARE MUCH LOWER THAN THOSE RECORDED DURING THE SAME PERIOD IN THE PREVIOUS MARKETING YEAR AND ARE ALSO , EXCEPT IN ITALY , LOWER THAN THOSE RECORDED DURING THE SAME PERIOD IN 1976/77 ; WHEREAS SUBSTANTIAL IMPORTS OF APPLES HAVE GENERALLY BEEN RECORDED FROM MARCH TO AUGUST EACH YEAR ; WHEREAS THESE CONSIST MAINLY OF FRESHLY-HARVESTED FRUIT FROM COUNTRIES IN THE SOUTHERN HEMISPHERE ; WHEREAS THE TWO CATEGORIES OF PRODUCT ARE NEVERTHELESS LARGELY INTERCHANGEABLE ; WHEREAS IMPORTS FROM THESE NON-MEMBER COUNTRIES COULD ACCORDINGLY CAUSE A FURTHER DROP IN PRICES AND , IN ALL PROBABILITY , LEAD TO AN INCREASE IN THE QUANTITIES TO BE WITHDRAWN FROM THE MARKET ; WHEREAS , IN THE PRESENT MARKETING YEAR , THE AMOUNTS AVAILABLE FOR EXPORT FROM COUNTRIES IN THE SOUTHERN HEMISPHERE ARE APPARENTLY GREATER THAN IN PREVIOUS MARKETING YEARS , THUS THREATENING TO MAKE THE SITUATION STILL WORSE BY A MASSIVE INFLUX OF PRODUCTS ON TO COMMUNITY MARKETS ; WHEREAS , ON ACCOUNT OF THE DIFFICULTIES SET OUT ABOVE , ARGENTINA , AUSTRALIA , NEW ZEALAND AND SOUTH AFRICA HAVE REARRANGED THEIR PROGRAMME OF EXPORTS TOWARDS THE COMMUNITY FOR THIS SEASON ; WHEREAS DISCUSSIONS WITH THE CHILEAN AUTHORITIES HAVE NOT MADE IT POSSIBLE TO REACH AN ACCEPTABLE ARRANGEMENT WITH THAT COUNTRY , WHICH IS ONE OF THE MOST SIGNIFICNT SUPPLIERS ; WHEREAS THE QUANTITY OF CHILEAN APPLES WHICH THE COMMUNITY CAN ABSORB WITHOUT A WORSENING OF ITS SITUATION WILL THEREFORE PROBABLY BE REACHED BEFORE THE END OF APRIL ; WHEREAS IMPORTS FROM OTHER SUPPLIER COUNTRIES AMOUNT TO A NEGLIGIBLE QUANTITY AND THERE IS THUS NO RISK OF THEIR DISTURBING THE MARKET ; WHEREAS IT FOLLOWS FROM THIS ASSESSMENT OF THE MARKET SITUATION THAT IMPORTS OF APPLES FROM CHILE POSE A THREAT OF SUBSTANTIAL DISTURBANCE OF THE COMMUNITY MARKET WHICH MAY PREJUDICE THE OBJECTIVES OF ARTICLE 39 OF THE TREATY ; WHEREAS IT IS NECESSARY , IN THESE CIRCUMSTANCES , TO SUSPEND IMPORTS OF APPLES FROM CHILE DURING THE PERIOD FROM 25 APRIL UNTIL THE END OF THE MARKETING YEAR , HAS ADOPTED THIS REGULATION : ARTICLE 1 THE PLACING IN FREE CIRCULATION IN THE COMMUNITY OF APPLES FALLING UNDER SUBHEADING 08.06 A II OF THE COMMON CUSTOMS TARIFF ORIGINATING IN CHILE SHALL BE SUSPENDED DURING THE PERIOD 25 APRIL TO 15 AUGUST 1979 . ARTICLE 2 THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES . THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES . DONE AT BRUSSELS , 5 APRIL 1979 . FOR THE COMMISSION FINN GUNDELACH VICE-PRESIDENT

****

( 1 ) OJ NO L 118 , 20 . 5 . 1972 , P . 1 .

( 2 ) OJ NO L 45 , 22 . 2 . 1979 , P . 1 .

COMMISSION REGULATION ( EEC ) NO 687/79

OF 5 APRIL 1979

LAYING DOWN PROTECTIVE MEASURES IN RESPECT OF IMPORTS OF DESSERT APPLES FROM COUNTRIES IN THE SOUTHERN HEMISPHERE ORIGINATING IN CHILE

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1035/72 OF 18 MAY 1972 ON THE COMMON ORGANIZATION OF THE MARKET IN FRUIT AND VEGETABLES ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 325/79 ( 2 ), AND IN PARTICULAR ARTICLE 29 ( 2 ) THEREOF ,

WHEREAS , ACCORDING TO THE INFORMATION AT PRESENT AVAILABLE , PRODUCTION OF APPLES IN THE COMMUNITY IN THE CURRENT MARKETING YEAR HAS REACHED APPROXIMATELY 6 661 000 TONNES ; WHEREAS THIS IS ABOUT 1 500 000 TONNES MORE THAN IN 1977/78 AND APPROXIMATELY THE SAME AS IN 1976/77 ; WHEREAS THE STOCKS STILL AVAILABLE ARE SUBSTANTIALLY HIGHER THAN THOSE AT THE SAME PERIOD IN THE TWO PREVIOUS YEARS ; WHEREAS THEY ARE VERY SIMILAR TO THOSE AVAILABLE AT THE SAME PERIOD IN 1975/76 , WHEN 830 000 TONNES HAD TO BE WITHDRAWN FROM THE MARKET ; WHEREAS IT WILL PROBABLY NOT BE POSSIBLE TO DISPOSE OF THESE STOCKS IN THE NORMAL WAY BEFORE THE END OF THE MARKETING YEAR AND LARGE QUANTITIES MAY HAVE TO BE WITHDRAWN FROM THE MARKET , SINCE FOR TECHNICAL REASONS STORAGE CANNOT BE PROLONGED BEYOND A CERTAIN POINT ;

WHEREAS IN SEVERAL MEMBER STATES PRODUCER PRICES ARE AT A PARTICULARLY LOW LEVEL IN RELATION TO THE BASIC PRICE ; WHEREAS IN ALL THE MEMBER STATES THESE PRICES ARE MUCH LOWER THAN THOSE RECORDED DURING THE SAME PERIOD IN THE PREVIOUS MARKETING YEAR AND ARE ALSO , EXCEPT IN ITALY , LOWER THAN THOSE RECORDED DURING THE SAME PERIOD IN 1976/77 ;

WHEREAS SUBSTANTIAL IMPORTS OF APPLES HAVE GENERALLY BEEN RECORDED FROM MARCH TO AUGUST EACH YEAR ; WHEREAS THESE CONSIST MAINLY OF FRESHLY-HARVESTED FRUIT FROM COUNTRIES IN THE SOUTHERN HEMISPHERE ; WHEREAS THE TWO CATEGORIES OF PRODUCT ARE NEVERTHELESS LARGELY INTERCHANGEABLE ; WHEREAS IMPORTS FROM THESE NON-MEMBER COUNTRIES COULD ACCORDINGLY CAUSE A FURTHER DROP IN PRICES AND , IN ALL PROBABILITY , LEAD TO AN INCREASE IN THE QUANTITIES TO BE WITHDRAWN FROM THE MARKET ; WHEREAS , IN THE PRESENT MARKETING YEAR , THE AMOUNTS AVAILABLE FOR EXPORT FROM COUNTRIES IN THE SOUTHERN HEMISPHERE ARE APPARENTLY GREATER THAN IN PREVIOUS MARKETING YEARS , THUS THREATENING TO MAKE THE SITUATION STILL WORSE BY A MASSIVE INFLUX OF PRODUCTS ON TO COMMUNITY MARKETS ;

WHEREAS , ON ACCOUNT OF THE DIFFICULTIES SET OUT ABOVE , ARGENTINA , AUSTRALIA , NEW ZEALAND AND SOUTH AFRICA HAVE REARRANGED THEIR PROGRAMME OF EXPORTS TOWARDS THE COMMUNITY FOR THIS SEASON ; WHEREAS DISCUSSIONS WITH THE CHILEAN AUTHORITIES HAVE NOT MADE IT POSSIBLE TO REACH AN ACCEPTABLE ARRANGEMENT WITH THAT COUNTRY , WHICH IS ONE OF THE MOST SIGNIFICNT SUPPLIERS ; WHEREAS THE QUANTITY OF CHILEAN APPLES WHICH THE COMMUNITY CAN ABSORB WITHOUT A WORSENING OF ITS SITUATION WILL THEREFORE PROBABLY BE REACHED BEFORE THE END OF APRIL ;

WHEREAS IMPORTS FROM OTHER SUPPLIER COUNTRIES AMOUNT TO A NEGLIGIBLE QUANTITY AND THERE IS THUS NO RISK OF THEIR DISTURBING THE MARKET ;

WHEREAS IT FOLLOWS FROM THIS ASSESSMENT OF THE MARKET SITUATION THAT IMPORTS OF APPLES FROM CHILE POSE A THREAT OF SUBSTANTIAL DISTURBANCE OF THE COMMUNITY MARKET WHICH MAY PREJUDICE THE OBJECTIVES OF ARTICLE 39 OF THE TREATY ; WHEREAS IT IS NECESSARY , IN THESE CIRCUMSTANCES , TO SUSPEND IMPORTS OF APPLES FROM CHILE DURING THE PERIOD FROM 25 APRIL UNTIL THE END OF THE MARKETING YEAR ,

HAS ADOPTED THIS REGULATION :

THE PLACING IN FREE CIRCULATION IN THE COMMUNITY OF APPLES FALLING UNDER SUBHEADING 08.06 A II OF THE COMMON CUSTOMS TARIFF ORIGINATING IN CHILE SHALL BE SUSPENDED DURING THE PERIOD 25 APRIL TO 15 AUGUST 1979 .

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 5 APRIL 1979 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT