1992R3816 — EN — 16.06.1995 — 001.001 — 1
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►B COUNCIL REGULATION (EEC)No 3816/92
of 28 December 1992
providing for, in the fruit and vegetables sector, the abolition of the compensation mechanism in
trade between Spain and the other Member States and allied measures
(OJ L 387, 31.12.1992, p. 10)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 1363/95 of 15 June 1995 L 132 8 16.6.1995
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) and
Council Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
1992R3816 — EN — 16.06.1995 — 001.001 — 2
▼B
COUNCIL REGULATION (EEC)No 3816/92
of 28 December 1992
providing for, in the fruit and vegetables sector, the abolition of the
compensation mechanism in trade between Spain and the other
Member States and allied measures
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Com-munity,
Having regard to the Act of Accesion of Spain and Portugal, and in par-
ticular Article 89 (2) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament(
1),
Whereas the achievement of the internal market on 1 January 1993
makes it desirable to remove all barriers to trade, not only between the
Member States of the Community as constituted on 31 December 1985
but also, as far as possible, between those Member States and the newMember States;
Whereas protection of the markets of the Member States of the Commu-
nity as constituted on 31 December 1985 can be ensured by maintaining
the supplementary trade mechanism for the most sensitive Spanish pro-ducts; whereas adjustment of the most vulnerable structures of theseMember States may be given a boost by the setting up of specific actionprogrammes; whereas the compensation mechanisms for fruit and vege-tables instituted by Articles 152 (1) of the Act of Accession, application
and monitoring of which would, moreover, be very difficult once the
Community no longer has internal frontiers, should therefore be discon-tinued;
Whereas experience shows that no effective use has been made of the
measures to protect the Spanish market provided for by Article 152 (3)of the Act of Accession;
Whereas the applicability of the above measures should therefore be ter-
minated and, for reasons of clarity, Council Regulation (EEC) No 3709/
89 of 4 December 1989 laying down general rules for implementing theAct of Accession of Spain and Portugal as regards the compensationmechanism on imports of fruit and vegetables originating in Spain(
2)
should therefore be repealed;
Whereas the large-scale integration of the Spanish market into the Com-
munity market which will thus be brought about makes it appropriate toapply to Spain the common level of institutional prices,
HAS ADOPTED THIS REGULATION:
Article 1
The mechanism instituted by Article 152 (1) of the Act of Accession of
Spain and Portugal and the provisions of Articles 152 (3) shall nolonger be applicable.
Article 2
1. The Community shall contribute to the financing of an action pro-
gramme presented and accomplished respectively by the French, Italianand Greek authorities over a three-year period, the object of which is,for the fresh fruit and vegetables sector, the restructuring of the fruit
(1) Opinion delivered on 18 December 1992 (not yet published in the Official
Journal).
(2) OJ No L 363, 31. 12. 1989, p. 3.
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▼B
and vegetables sectors most affected by the aboltion of the transitional
measures.
2. The programme provided for in paragraph 1 shall be presented to
the Commission before 31 March 1993 and approved by the Commis-sion before its realization.
3. As part of the intervention measures, the Community participation
in the measures provided for in paragraph 1 shall be:
— 75 % of the expenditure borne as intervention by the Member
States,
— for a period of three years from the date on which the programme is
approved,
— within an overall limit of ►
M1ECU 120,8 million ◄,
— dependent upon the measures concerned not being eligible at the
same time for other Community measures.
4. The means of applying this Regulation shall be adopted, as
required, according to the procedure provided for in Article 33 of Coun-cil Regulation (EEC) No 1035/72 of 18 May 1972 on the common orga-nization of the market in fruit and vegetables(
1).
Article 3
As from 1 January 1993, the common basic and buying-in prices shall
be applicable in Spain.
Article 4
Regulation (EEC) No 3709/89 is hereby repealed.
Article 5
This Regulation shall enter into force on 1 January 1993.This Regulation shall be binding in its entirety and directly applicable
in all Member States.
(1) OJ No L 118, 20. 5. 1972, p. 1. Regulation as last amended by Regulation
(EEC) No 1156/92 (OJ No L 122, 7. 5. 1992, p. 3).