DOCUMENTS CONCERNING THE ACCESSION OF THE KINGDOM OF SPAIN AND THE PORTUGUESE REPUBLIC TO THE EUROPEAN COMMUNITIES, ACT CONCERNING THE CONDITIONS OF ACCESSION OF THE KINGDOM OF SPAIN AND THE PORTUGUESE REPUBLIC AND THE ADJUSTMENTS TO THE TREATIES, ARTICLE 81



Official Journal L 302 , 15/11/1985 P. 0046



++++ Article 81 1 . A supplementary mechanism applicable to trade between the Community as at present constituted and Spain shall be set up , hereinafter referred to as " the STM " . The STM shall apply from 1 March 1986 to 31 December 1995 , with the exception of the products referred to in the first indent of paragraph 2 ( a ) and point ( b ) ( cc ) to which it shall apply from 1 January 1990 to 31 December 1995 . 2 . The following products shall be subject to the STM : ( a ) With regard to imports into the Community as at present constituted : - products of the fruit and vegetable sector falling within Regulation ( EEC ) No 1035/72 , - products of the wine sector falling within Regulation ( EEC ) No 337/79 , - new potatoes falling within subheading 07.01 A II of the Common Customs Tariff . ( b ) With regard to imports into Spain , the following products : ( aa ) Products of the wine sector falling within Regulation ( EEC ) No 337/79 . ( bb ) CCT heading No * Description * 01.02 * Live animals of the bovine species : * * A . Domestic species : * * ex II . Other : * * - Excluding animals for bull fights * 02.01 * Meat and edible offals of the animals falling within heading No 01.01 , 01.02 , 01.03 or 01.04 , fresh , chilled or frozen : * * A . Meat : * * II . Of bovine animals * * B . Offals : * * II . Other : * * b ) Of bovine animals * 02.06 * Meat and edible meat offals ( except poultry liver ) , salted , in brine , dried or smoked : * * C . Other : * * I . Of bovine animals * 04.01 * Milk and cream , fresh , not concentrated or sweetened * 04.02 * Milk and cream , preserved , concentrated or sweetened : * * A . Not containing added sugar : * * ex II . Milk and cream , in powder or granules : * * - Intended for human consumption * * B . Containing added sugar : * * I . Milk and cream , in powder or granules : * * a ) Special milk for infants , in hermetically sealed containers of a net capacity of 500 g or less and of a fat content , by weight , exceeding 10 % but not exceeding 27 % * * ex b ) Other : * * - Intended for human consumption * 04.03 * Butter * 04.04 * Cheese and curd : * * A . Emmentaler , Gruyère , Sbrinz , Bergkaese , Appenzell , Vacherin fribourgeois and Tête de moine , not grated or powdered * * B . Glarus herb cheese ( known as Schabziger ) , made from skimmed milk and mixed with finely-ground herbs * * C . Blue-veined cheese , not grated or powdered * * D . Processed cheese , not grated or powdered * * E . Other : * * I . Not grated or powdered , of a fat content , by weight , not exceeding 40 % and a water content , calculated by weight of the non-fatty matter : * CCT heading No * Description * * ex a ) Not exceeding 47 % : * * - Excluding curd * * b ) Exceeding 47 % but not exceeding 72 % : * * 1 . Cheddar * * ex 2 . Other : * * - Excluding curd * * c ) Exceeding 72 % : * * ex . 1 . In immediate packings of a net capacity not exceeding 500 g : * * - Excluding curd * * ex . 2 . Other : * * - Excluding curd * * II . Other : * * a ) Grated or powdered * * ex b ) Other : * * - Excluding curd * CCT heading No * Description * 07.01 * Vegetables , fresh or chilled : * * B . Cabbages , cauliflowers and Brussels sprouts : * * I . Cauliflowers * * G . Carrots , turnips , salad beetroot , salsify , celeriac , radishes and similar edible roots : * * ex II . Carrots and turnips : * * - Carrots * * ex H . Onions , shallots and garlic : * * - Onions and garlic * * M . Tomatoes * 08.02 * Citrus fruit , fresh or dried : * * A . Oranges * * B . Mandarins ( including tangerines and satsumas ) ; clementines , wilkings and other similar citrus hybrids : * * ex II . Other : * * - Mandarins ( including tangerines and satsumas ) * * C . Lemons * 08.04 * Grapes , fresh or dried : * * A . Fresh : * * I . Table grapes * 08.06 * Apples , pears and quinces , fresh : * * A . Apples * * B . Pears * 08.07 * Stone fruit , fresh : * * A . Apricots * * ex B . Peaches , including nectarines : * * - Peaches * ( dd ) CCT heading No * Description * 10.01 * Wheat and meslin ( mixed wheat and rye ) : * * B . Other : * * ex I . Common wheat , and meslin : * * - Common wheat of breadmaking quality * 3 . In accordance with the procedures set out in Article 82 a decision may be made to withdraw from the list of products subject to the STM : ( a ) Products from the wine sector , new potatoes and milk in powder or granules intended for human consumption at the start of the second year following accession and at the start of each of the following years . ( b ) Fruit and vegetables , at the latest nine months before the expiry of the fourth year following accession and of the start of each of the following years . ( c ) The other products referred to in paragraph 2 ( b ) , as from the fifth year following accession and at the start of each following year . With regard to those products , account will be taken in particular of the situation at the level of the production and marketing structure of the products in question . 4 . A decision may be made , in accordance with the procedure laid down in Article 11 of Regulation ( EEC ) No 2358/71 on the common organization of the market in seeds , the Management Committee set up by that Regulation having competence in the matter , to submit to the STM , for the period 1 March 1986 to 31 December 1989 , imports into Spain of certified seed potatoes of lesser quality falling within subheading ex 07.01 A I of the Common Customs Tariff . 5 . Should especial difficulties be experienced a decision may be made , at the request of the Kingdom of Spain and in accordance with the procedure laid down in Article 82 , to supplement the list of products subject to the STM on import into Spain with regard to those products falling within Regulation ( EEC ) No 1035/72 not referred to in paragraph 2 ( b ) . 6 . The Commission shall submit at the beginning of each year a report to the Council on the functioning of the STM during the previous year .