5.3.77 Official Journal of the European Communities No L 61/23 (Acts whose publication is not obligatory) COUNCIL COUNCIL DECISION of 14 February 1977 on the exporting of crude oil and petroleum products from one Member State to another in the event of supply difficulties (77/186/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 103 (4) thereof, Having regard to the proposal from the Commission, Whereas the establishment of a Community energy policy is one of the objectives which the Community has set itself and it is for the Commission to propose the measures to be taken to this end; Whereas the establishment of genuine solidarity between the Member States in the event of supply difficulties is one of the basic elements of a Com- munity energy policy; ' Whereas the Council has adopted Directive 73/238/EEC of 24 July 1973 on measures to mitigate the effects of difficullties in the supply of crude oil and petroleum products (1); Whereas it is necessary to prevent such supply difficulties from causing disturbances in trade within (1) OJ No L 228, 16. 8. 1973, p. 1. the Community which would seriously jeopardize supplies to one or more Member States; Whereas in periods of supply difficulties monitoring of intra-Community trade is necessary in order to keep a check on developments; Whereas an appropriate system, with the least effect on intra-Community trade, would be a system of licences granted automatically; Whereas protective measures may prove necessary; Whereas, since protective measures are unnecessary for supplies of goods from third countries which are in transit through one Member State and are destined for another Member State, they should be excluded from the scope of this Dedision; Whereas, in conformity with the principles of solidarity and non-discrimination, the burden of deficits in supplies of oil and petroleum products must be fairly distributed among the Member States;