****

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

( 2 ) OJ NO L 162 , 30 . 6 . 1979 , P . 26 .

COMMISSION REGULATION ( EEC ) NO 2553/79

OF 19 NOVEMBER 1979

ADOPTING PROTECTIVE MEASURES WITH REGARD TO THE IMPORT OF GARLIC ORIGINATING IN SPAIN

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 1301/79 ( 2 ), AND IN PARTICULAR ARTICLE 29 ( 2 ) THEREOF ,

WHEREAS ON 13 NOVEMBER 1979 FRANCE REQUESTED THE COMMISSION TO TAKE PROTECTIVE ACTION OVER IMPORTS OF GARLIC ORIGINATING IN SPAIN FOR SALE ON THE FRENCH MARKET ; WHEREAS ON 16 NOVEMBER 1979 THIS REQUEST WAS SUPPLEMENTED BY ADDITIONAL INFORMATION ;

WHEREAS , DESPITE ALMOST STABLE PRODUCTION , PRODUCTION PRICES ON THE FRENCH GARLIC MARKET , IN PARTICULAR DURING SEPTEMBER , OCTOBER AND NOVEMBER 1979 ARE MARKEDLY LOWER THAN THE LEVELS WHICH THEY HAVE REACHED SINCE 1975 DURING THE SAME MONTHS ;

WHEREAS THIS SITUATION IS DUE TO THE VERY MARKED INCREASE IN IMPORTS OF GARLIC ORIGINATING IN SPAIN , THE ONLY SIGNIFICANT SUPPLIER OF THE FRENCH MARKET DURING THIS PERIOD , THESE IMPORTS HAVING MORE THAN DOUBLED BY COMPARISON WITH THE AVERAGE OF PREVIOUS YEARS AND HAVING BEEN SOLD AT PRICES WHICH HAVE LED TO A GENERAL DECLINE IN FRENCH MARKET PRICES ;

WHEREAS IN VIEW OF SUPPLIES OF THE SPANISH PRODUCT , IT IS TO BE FEARED THAT FRENCH MARKET PRICES WILL DECLINE STILL FURTHER AND THE DIFFICULTY OF DISPOSING OF THE FRENCH PRODUCT WILL INCREASE ;

WHEREAS THE BRIEF ASSESSMENT OF THE MARKET SITUATION SET OUT ABOVE LEADS TO THE CONCLUSION THAT THE FRENCH GARLIC MARKET IS EXPERIENCING SERIOUS DISTURBANCES WHICH MAY ENDANGER THE OBJECTIVES SET OUT IN ARTICLE 39 OF THE TREATY ; WHEREAS IN THESE CIRCUMSTANCES PROTECTIVE MEASURES SHOULD BE TAKEN ;

WHEREAS FOR THIS PURPOSE IMPORTS OF GARLIC INTO FRANCE SHOULD BE SUSPENDED FOR AS LONG AS IS STRICTLY NECESSARY TO REMOVE THE AFORESAID DISTURBANCES ;

WHEREAS IT APPEARS THAT THE MARKETS IN OTHER REGIONS OF THE COMMUNITY HAVE UNTIL NOW NOT EXPERIENCED ANY DISTURBANCES BY REASON OF THESE IMPORTS ; WHEREAS THE PROTECTIVE MEASURE SHOULD THEREFORE BE LIMITED IN ITS APPLICATION TO IMPORTS INTO FRANCE ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THE ENTRY INTO FREE CIRCULATION IN FRANCE OF FRESH OR CHILLED GARLIC ( SUBHEADING EX 07.01 H OF THE COMMON CUSTOMS TARIFF ) ORIGINATING IN SPAIN IS HEREBY SUSPENDED FROM 24 NOVEMBER TO 31 DECEMBER 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 , 19 NOVEMBER 1979 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT