COMMISSION REGULATION (EEC) No 3881/90 of 19 December 1990 amending Regulation (EEC) No 606/86 laying down detailed rules, for applying the supplementary trade mechanism to milk products imported into Spain from the Community of Ten

THE COMMISSION 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 83 thereof,

Having regard to Council Regulation (EEC) No 569/86 of 25 February 1986 laying down general rules for applying the supplementary mechanism applicable to trade (1), as last amended by Regulation (EEC) No 3296/88 (2), and in particular Article 7 (1) thereof,

Having regard to Council Regulation (EEC) No 3577/90 of 4 December 1990 on the transitional measures and adjustments required in the agricultural sector (3) as a result of the integration of the territory of the former German Democratic Republic into the Community, and in particular Article 3 thereof,

Having regard to Council Regulation (EEC) No 3792/85 of 20 December 1985 laying down the arrangements applying to trade in agricultural products between Spain and Portugal (4), and in particular the first subparagraph of Article 5 (1) thereof,

Whereas, pursuant to the Act of Accession of Spain and Portugal, provision should be made for 1991 for the fixing of indicative ceilings for imports into Spain from the Community of Ten ; whereas, given the potential for exports from the Community of Ten, and in order to continue to open up the Spanish market gradually, the said ceilings should be increased to 20 % ; whereas, for this purpose, the Annex to Commission Regulation (EEC) No 606/86 (5), as last amended by Regulation (EEC) No 3102/90 (6), should be replaced by the Annex hereto;

Whereas Community traders may export cheese to Spain only under certain restrictive conditions, concerning in particular the length of time they have been practising their trade ; whereas this rule should be derogated from for 1991 to the benefit of traders located in the territory of the former German Democratic Republic in order to allow them to export cheese to Spain;

Whereas pursuant to Article 5 (2) of Council Regulation (EEC) No 3792/85 the supplementary trade mechanism drawn up in respect of Community imports into Spain can apply to imports from Portugal where these show signs of a significant increase ; whereas such a situation is likely to arise in respect of trade in milk products between Portugal and Spain ; whereas the rules relating to the supplementary trade mechanism between the Community of Ten and Spain should therefore be extended to imports into Spain from Portugal and the ceilings given in the Annex raised accordingly ; whereas, in addition, in order to prevent abrupt changes in the traditional trade in cheese in the Community, specific quantities should be laid down for Portugal;

Whereas the Management Committee for Milk and Milk Products has not delivered an opinion with the time limit set by its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 606/86 is hereby amended as follows: 1. "1990" in Article 1 (1) is replaced by 1991.

2. "Article 2 (2) is replaced by the following:

"2. As regards cheese, excluding curd, the indicative ceiling referred to in the Annex shall be broken down by category, prior to quarterly division, as follows: (1) OJ No L 55, 1.3.1986, p. 106. (2) OJ No L 293, 27.10.1988, p. 7. (3) OJ No L 353, 17.12.1990, p. 23. (4) OJ No L 367, 31.12.1985, p. 7. (5) OJ No L 58, 1.3.1986, p. 28. (6) OJ No L 296, 27.10.1990, p. 24.

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3. In Article 2a, the following second paragraph is added:

"However, until 31 December 1990, traders established for at least 12 months in the territory of the former German Democratic Republic shall not be required to have carried on export activities for at least 12 months."

4. In the third indent of Article 3 (1), the words "and the corresponding securities as indicated in Article 4 shall be forfeit" are deleted.

5. The following Article 4a is inserted:

"Article 4a

The provisions of this Regulation shall apply mutatis mutandis to imports from Portugal within the limit of the indicative ceilings set out in the Annex."

6. The Annex is replaced by the following:

"ANNEX

Indicative ceilings

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Article 2

This Regulation shall enter into force on 1 January 1991.

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

Done at Brussels, 19 December 1990.

For the Commission

Ray MAC SHARRY

Member of the Commission