No L 375/10 Official Journal of the European Communities 31.12. 90 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 _ THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to ‘the Treafy establishing the European Economic Community, and in particular Article 75 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), ‘ Having regard to the opinion of the Economic and Social Committee (3), Whereas uhder Article '3 (3) of Regulation (EEC) No: 3164/76 (%), as last amended by Regulation (EEC) No 1841/88 (5), the Council is required to decide on the measures to be taken in the event of a crisis in the sector of carriage of goods by road; Whereas it is therefore essential to introduce a Community safeguard mechanism to deal with any severe disturbances in the market for the carriage of goods by road and to remedy them; Whereas provision should accordingly be made for taking action to resolve a crisis, to specify the nature of such action, to set up an appropriate decision-making procedure and to ensure that the data needed for the application of the safeguard clause are available, HAS ADOPTED THIS REGULATION: Article 1 This Regulation shall apply to the market for international carriage of goods by road on Community territory, between Member States, for hire or reward. 1) O] No C 87, 5. 4. 1990, p. 4 and 0] No C 294, 24. 11. 1990, p. 11 (2) Opinion delivered on 26 October 1990 (not yet published in the Official Journal). (3) Opinion delivered on 19 September 1990 (not yet published in the Official Journal). (4) OJ No L 357, 29. 12. 1976, p. 1. (5) O] No L 163, 30. 6: 1988, p. 1. Article 2 For the purposés of this Regulation, a crisis means the existence of problems specific to the market defined in Article 1, such that there is a serious and potentially ‘enduring excess of supply over demand implying a serious threat to the financial stability and survival of a significant number of road haulagé undertakings provided that the short-term and medium-term forecasts for the market in question do not indicate any substantial and lasting improvements. Article 3 The Commission shall collect the data necessary to momtor the market and to detect a possible crisis. For this purpose, Member States shall cooperate with the Commission in the communication and processing of data which are available or can be readily obtained. 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 S. 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.