COUNCIL REGULATION (EEC) N° 3659/90 of 11 December 1990 on products subject to the supplementary trade mechanism during the second stage of Portuguese accession

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to the Act of Accession of Spain and Portugal, and in particular Article 234 (2) thereof,

Having regard to the proposal from the Commission,

Whereas Article 286 (2) of the Act of Accession provides that the supplementary trade mechanism (STM) may be applied from 1 January 1991 until 31 December 1995 to products subject to transition by stages; whereas Article 286 (2) also stipulates that the list of products subject to the STM must be drawn up before the end of the first stage;

Whereas the STM should be applied to exports of certain products to Portugal; whereas to that end the aforementioned list should include live bovines, production of which in the Azores makes it advisable to monitor imports, and products of the pigmeat sector for the period needed to eradicate African swine fever, in view of the market consequences of the presence of the disease in Portugal; whereas imports of a number of products in the poultry sector and in the beef and veal sector should also be subject to monitoring under the STM, until Portuguese production has reached the same level of profitability as in other Member States;

Whereas the difficulties in the fruit and vegetables sector caused by the over-rapid increase in exports to the Portuguese market from other Member States make it advisable to apply the STM to these products as well; whereas the sensitivity of the Portuguese market to certain milk products also justifies their inclusion in the said list;

Whereas, bearing in mind the structural situation and the localization of the production and processing of common wheat, barley, maize and rice in Portugal, application of the STM to these products, limited to the periods which are sensitive as regards the marketing of Portuguese production, is likely to make it easier, when Council Regulation (EEC) N° 3653/90 introducing transitional provisions for the common organization of the market in cereals and rice in Portugal(1) is applied, to dispose of national production,

HAS ADOPTED THIS REGULATION:

Article 1

The supplementary trade mechanism provided for in Article 249 of the Act of Accession shall apply from 1 January 1991 to 31 December 1995 to the products listed in the Annex hereto and imported into Portugal, on the terms set out in Articles 250, 251 and 252 of the Act.

However, with regard to common wheat, barley, maize and rice, the supplementary trade mechanism shall apply only during those periods which are sensitive as regards the marketing of Portuguese production, as determined according to the procedure provided for in Article 26 of Regulation (EEC) 2727/75(2), as last amended by Regulation (EEC) N° 1340/90(3), or in Article 27 of Regulation (EEC) N° 1418/76(4), as last amended by Regulation (EEC) N° 1806/89(5).

Article 2

As part of the annual report on the operation of the supplementary trade mechanism, the Commission will examine any amendments which, as a result of developments in trade, may be made to the list of the products listed in the Annex and will present, should this prove appropriate, the necessary proposals to the Council.

Article 3

This Regulation shall enter into force on the third day following that its its publication in the Official Journal of the European Communities.

This regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 11 December 1990 For the CouncilThe PresidentV. SACCOMANDI

(1)See p. 28 of this Official Journal.

(2)OJ N° L 281, 1. 11. 1975, p. 1.

(3)OJ N° L 134, 28. 5. 1990, p. 1.

(4)OJ N° L 166, 25. 6. 1976, p. 1.

(5)OJ N° L 177, 24. 6. 1989, p. 1.

ANNEX

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