11985I085

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Article 85

1 . Without prejudice to Article 84 ( 4 ) , should the examination of developments in intra-Community trade show that a significant increase in imports has taken place or is forecast and if that situation should result in the indicative import ceiling for the product being reached or exceeded for the current marketing year or part thereof , the Commission , at the request of a Member State or on its own initiative , shall decide , in accordance with emergency procedures , on :

- the interim protective measures that are necessary and which shall apply until the entry into force of the definitive measures provided for in paragraph 3 ,

- convening the Management Committee of the sector concerned , with a view to examining appropriate measures .

2 . Should the situation referred to in the preceding paragraph cause a serious disturbance on the market , a Member State may request the Commission to take the interim protective measures referred to in paragraph 1 immediately . To that end , the Commission shall take a decision within 24 hours of receiving the request .

If the Commission does not take a decision within that period , the requesting Member State may take interim protective measures , which shall be immediately notified to the Commission .

These measures shall remain applicable until such time as the Commission has acted on the request referred to in the first subparagraph .

3 . Definitive measures shall be adopted as soon as possible in accordance with the procedure set out in Article 38 of Regulation No 136/66/EEC or , as the case may be , in the corresponding Articles of other Regulations on the common organization of agricultural markets .

These measures may include :

( a ) either , the revision of the indicative ceiling , if the market in question has not suffered significant disturbances following the development of imports ;

( b ) or , based on the seriousness of the situation , assessed in particular on the basis of the trend in market prices and the quantities forming the subject of trade , the limitation or suspension of imports on to the market of the Community as at present constituted or on to the Spanish market .

The restrictive measures referred to in ( b ) may only be taken to the extent and for such time as is strictly necessary to put an end to the disturbance . With regard to the Community as at present constituted , those measures may be limited to imports intended for certain of its regions , provided that they include appropriate provisions to avoid deflections of trade .

4 . The application of the STM may in no event lead to products coming from Spain or from the Community as at present constituted being treated in a less favourable manner than those coming from third countries benefiting from the most-favoured-nation clause , which are sold in the regions concerned .