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Council Regulation (EEC) No 3916/90 of 21 December 1990 on measures to be taken in the event of a crisis in the market in the carriage of goods by road

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Change 1

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As published

Article 4

1.   Where a Member State believes a crisis exists, it may request the Commission to investigate. 2.   To enable the situation to be assessed by the Commission, the Member State concerned shall provide quantified substantive information. 3.   Following such a request from a Member State the Commission shall immediately consult the Committee referred to in Article 5. 4.   If, following consultation of the Committee, the Commission concludes that a crisis exists, it may, by decision, take measures to prevent any further increase in the supply of capacity in the market affected through limits on the increase in the activity of existing hauliers and restrictions on access to the market for new hauliers. The said decision shall be taken within 30 days of receipt of the request from a Member State. The measures introduced in accordance with this Article may remain in force for a period up to but not exceeding six months, renewable once with the same period of validity. 5.   The Commission shall without delay notify the Member States and the Council of any decision taken pursuant to paragraph 4 or, where appropriate, of its decision not to take measures. 6.   A Member State or States may submit a Commission decision as referred to in paragraph 5 to the Council within 30 days of its notification. The Council, acting by a qualified majority, may, within the period of validity laid down in the third subparagraph of paragraph 4, take a different decision within 30 days following referral by the Member State or States concerned. 7.   Where the Commission considers that: — the measures referred to in paragraph 4 need to be prolonged, and/or — additional separate measures need to be taken, it shall submit a proposal to the Council, which will take a decision by qualified majority.

Your change, as a redline

Article 4

1.   Where a Member State believes a crisis exists, it may request the Commission to investigate. 2.   To enable the situation to be assessed by the Commission, the Member State concerned shall provide quantified substantive information. 3.   Following such a request from a Member State the Commission shall immediately consult the Committee referred to in Article 5. 4.   If, following consultation of the Committee, the Commission concludes that a crisis exists, it may, by decision, take measures to prevent any further increase in the supply of capacity in the market affected through limits on the increase in the activity of existing hauliers and restrictions on access to the market for new hauliers. The said decision shall be taken within 30 days of receipt of the request from a Member State. The measures introduced in accordance with this Article may remain in force for a period up to but not exceeding six months, renewable once with the same period of validity. 5.   The Commission shall without delay notify the Member States and the Council of any decision taken pursuant to paragraph 4 or, where appropriate, of its decision not to take measures. 6.   A Member State or States may submit a Commission decision as referred to in paragraph 5 to the Council within 30 days of its notification. The Council, acting by a qualified majority, may, within the period of validity laid down in the third subparagraph of paragraph 4, take a different decision within 30 days following referral by the Member State or States concerned. 7.   Where the Commission considers that: — the measures referred to in paragraph 4 need to be prolonged, and/or — additional separate measures need to be taken, it shall submit a proposal to the Council, which will take a decision by qualified majority.

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