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( 1 ) OJ NO L 55 , 2 . 3 . 1968 , P . 1 .

COMMISSION REGULATION ( EEC ) NO 3655/81

OF 18 DECEMBER 1981

LAYING DOWN PROTECTIVE MEASURES IN RESPECT OF IMPORT OF LIVE PLANTS INTO GREECE

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO THE ACT OF ACCESSION OF GREECE , AND IN PARTICULAR THE THIRD SUBPARAGRAPH OF ARTICLE 130 ( 2 ) THEREOF ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 234/68 OF 27 FEBRUARY 1968 ON THE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET IN LIVE TREES AND OTHER PLANTS , BULBS , ROOTS AND THE LIKE , CUT FLOWERS AND ORNAMENTAL FOLIAGE ( 1 ), AND IN PARTICULAR ARTICLE 9 ( 2 ) THEREOF ,

WHEREAS THE HELLENIC REPUBLIC REQUESTED THE COMMISSION ON 11 DECEMBER 1981 TO TAKE PROTECTIVE MEASURES AGAINST IMPORTS INTO GREECE OF LIVE PLANTS FROM THE OTHER MEMBER STATES AND FROM NON-MEMBER COUNTRIES ; WHEREAS FURTHER DATA IN SUPPORT OF THAT REQUEST WERE SUPPLIED ON 17 DECEMBER 1981 ;

WHEREAS GREEK PRODUCTION OF LIVE PLANTS IN 1981 IS ESTIMATED AT SOME 3 900 000 ; WHEREAS THAT PRODUCTION IS APPROXIMATELY THE SAME AS IN PREVIOUS YEARS ;

WHEREAS , SINCE JULY 1981 , ONLY 20 % OF THAT PRODUCTION HAS BEEN SOLD ON THE GREEK MARKET ; WHEREAS , DURING THE SECOND HALF OF 1980 , THE PROPORTION OF GREEK PRODUCTION SOLD AMOUNTED TO MORE THAN 60 % ;

WHEREAS , FOLLOWING GREEK ACCESSION TO THE COMMUNITY AND THE RELAXATION IN THE CONDITIONS FOR IMPORTS OF LIVE PLANTS INTO THAT MEMBER STATE , CONSIGNMENTS FROM OTHER MEMBER STATES AND FROM NON-MEMBER COUNTRIES HAVE SUBSTANTIALLY INCREASED IN 1981 OVER THE PREVIOUS YEAR ; WHEREAS THE SAID CONSIGNMENTS HAVE INCREASED PARTICULARLY DURING RECENT WEEKS , REACHING A LEVEL DURING THE PERIOD 1 NOVEMBER TO 11 DECEMBER 1981 THREE TIMES THAT FOUND DURING THE SAME PERIOD OF 1980 ;

WHEREAS THE SAID IMPORTS ARE MADE AT PRICES BELOW HALF THE PRODUCTION PRICES FOR PLANTS GROWN IN GREECE ;

WHEREAS THIS SITUATION HAS REQUIRED GREEK PRODUCERS TO MAKE A SUBSTANTIAL REDUCTION IN THE QUANTITIES PUT UP FOR SALE ;

WHEREAS , IN VIEW OF THE DEVELOPMENT OVER THE MARKETING YEAR , THERE IS A RISK THAT CONSIGNMENTS TOWARDS GREECE WILL CONTINUE AT AN INCREASED RATE ; WHEREAS A FURTHER SHARP FALL IN THE QUANTITIES OF GREEK PRODUCTS WHICH CAN BE SOLD THROUGH THE MARKET IS LIKELY ;

WHEREAS THE ASSESSMENT OF THE MARKET SITUATION OUTLINED ABOVE IMPLIES THAT THE GREEK MARKET FOR LIVE PLANTS IS UNDERGOING , ON ACCOUNT OF CONSIGNMENTS FROM THE OTHER MEMBER STATES AND FROM NON-MEMBER COUNTRIES , SERIOUS DISTURBANCE LIKELY TO JEOPARDIZE THE OBJECTIVES IN ARTICLE 39 OF THE TREATY ; WHEREAS , IN THESE CIRCUMSTANCES , IT IS NECESSARY TO TAKE PROTECTIVE MEASURES IN RESPECT OF THE SAID CONSIGNMENTS ;

WHEREAS , FOR THIS PURPOSE , INTRODUCTION ONTO GREEK TERRITORY OF LIVE PLANTS FROM ALL SOURCES SHOULD BE SUSPENDED FOR THE PERIOD STRICTLY NECESSARY FOR ELIMINATION OF THE DISTURBANCES DESCRIBED ABOVE ;

WHEREAS THE SPECIAL SITUATION OF PRODUCTS IN COURSE OF CONSIGNMENT TO GREECE AT THE TIME THIS REGULATION IS PUBLISHED SHOULD BE TAKEN INTO ACCOUNT ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . RELEASE ONTO THE MARKET IN GREECE OF THE PRODUCTS REFERRED TO IN THE FIRST INDENT OF PARAGRAPH 2 , INCLUDING PRODUCTS IN ONE OF THE SITUATIONS REFERRED TO IN ARTICLE 9 ( 2 ) OF THE TREATY , SHALL BE FORBIDDEN UNTIL 31 JANUARY 1982 .

2 . THE PROVISIONS OF THIS REGULATION :

- SHALL APPLY TO LIVE PLANTS WITHIN SUBHEADING 06.02 D OF THE COMMON CUSTOMS TARIFF , WITH THE EXCEPTION OF ROOTED CUTTINGS ,

- SHALL NOT APPLY TO THE PRODUCTS REFERRED TO IN THE FIRST SUBPARAGRAPH WHERE PROOF IS PROVIDED THAT CONSIGNMENT FROM THE NON-MEMBER COUNTRY OR MEMBER STATE IN QUESTION TO GREECE TOOK PLACE BEFORE THE DATE OF ENTRY INTO FORCE OF THIS REGULATION .

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 , 18 DECEMBER 1981

FOR THE COMMISSION

POUL DALSAGER

MEMBER OF THE COMMISSION