No C 297/24 Official Journal of the European Communities 27. 11. 90 
Proposal for a 
COUNCIL REGULATION (EEC) No ... 
of . . . 
laying down general rules for applying the supplementary trade mechanism to trade in fresh 
fruit and vegetables between Portugal and the other Member States 
(90/C 297/14) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, is thereby applicable to trade between Spain and 
Portugal; 
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 249 of the Act of Accession provided for 
the temporary application of the supplementary trade 
mechanism, hereinafter referred to as 'the STM', between 
the Community as constituted on 31 December 1985 and 
Portugal in order to forestall or, if necessary, react rapidly 
and appropriately to market disturbance; whereas pursuant 
to Article 286 (2) of the Act, Council Regulation (EEC) No 
000/00 of . . . on products subject to the supplementary 
trade mechanism during the second stage of Portuguese 
accession (*) laid down the list of products subject to 
transition by stages to which the mechanism is to apply 
from the beginning of the second stage and included certain 
fruit and vegetables therein; Whereas experience of the operation of the existing 
supplementary trade mechanism and specific 
considerations pertaining to fruit and vegetables, i.e. short 
production periods, short sensitive periods and the nature 
of marketing structures in the country of consignment, 
indicate that a specific mechanism should be introduced for 
products covered by Council Regulation (EEC) No 
1035/72 of 18 May 1972 on the common organization of 
the market in fruit and vegetables (4), as last amended by 
Regulation (EEC) No 1193/90 (5); whereas this 
mechanism should apply only to the list of products drawn 
up pursuant to Article 286 (2) of Act of Accession; 
Whereas during non-sensitive periods for the Portuguese 
market action should be confined to statistical monitoring; 
whereas on the other hand, during periods considered 
sensitive, to be determined in principle before the beginning 
of the marketing year by application of defined criteria, 
entry into Portugal of products from the other Member 
States should be subject to presentation of an 'STM licence' 
issued in Portugal; 
Whereas the joint declaration annexed to the Act states 
that, in their mutual trade in agricultural products, the new 
Member States are in principle, to apply, with respect to 
each other, the provisions and transitional mechanisms 
provided for in the Act of Accession under the 
arrangements applicable to their respective trade with the 
Community as constituted on 31 December 1985; whereas 
this declaration was implemented by means of Council 
Regulation (EEC) No 3792/85 of 20 December 1985 
laying down the arrangements applying to trade in 
agricultural products between Spain and Portugal (2), as 
last amended by Commission Regulation (EEC) No 
3296/88 (3); whereas the supplementary trade mechanism Whereas the Commission should be able, during sensitive 
periods for the Portuguese market, to introduce a specific 
arrangement applicable to fruit and vegetables from 
non-member countries in order to prevent products from 
the other Member States being treated less favourably than 
those from such countries; whereas for imperative reasons 
of management and surveillance the import document 
required under such an arrangement should be issued by 
the Portuguese authorities and be valid for release for free 
circulation in Portugal alone; whereas if the Portuguese 
market is disturbed or threatened with disturbance suitable 
action should be taken, 
(*) See page 38 of this Official Journal. 
(2) OJ No L 367, 31. 12. 1985, p. 7. 
(3) OJ No L 293, 27. 10. 1988, p. 7. (4) OJ No L 118, 20. 5. 1972, p. 1. 
(5) OJ No L 119, 11. 5. 1990, p. 43. 
27. 11. 90 Official Journal of the European Communities No C 297/IS 
HAS ADOPTED THIS REGULATION: 
Article 1 
This Regulation lays down general rules for applying the 
STM to imports into Portugal from the Community as 
constituted on 31 December 1985 and Spain, of fruit and 
vegetables covered by Regulation (EEC) No 1035/72 that 
are subject to that mechanism pursuant to Article 286 (2) 
of the Act of Accession. 
Article 2 
1. The period or periods during which the Portuguese 
market is to be considered sensitive shall be determined for 
each product before the beginning of the marketing year in 
accordance with the procedure laid down in Article 8. The 
period(s) may be adjusted during the marketing year in 
accordance with the same procedure. 
2. The sensitive market period for each product shall be 
determined on the basis of: 
— production and marketing periods for Portuguese 
produce, 
— the outlook for consumption, 
— the likely volume of consignments from the other 
Member States and its impact of the balance of the 
Portuguese market. 
Article 3 
The target ceiling provided for in Article 251 of the Act of 
Accession need be fixed solely for the sensitive period(s) of 
the Portuguese market. It may be split up to cover 
sub-periods of the sensitive period(s). 
Article 4 
1. During the sensitive period(s) release for consumption 
in Portugal of products covered by Article 1 shall be subject 
to presentation of an STM licence. 
2. An STM licence shall be issued to each applicant 
irrespective of the place of his establishment in the 
Community. 
3. An STM licence shall be issued against security that the 
product will be released for consumption during the period 
of validity of the document. The security shall be forfeit wholly or in part if the transaction is not or is only partly 
completed within the period. 
4. Applications for an STM licence shall be made in 
Portugal and the licence issued by the Portuguese 
authorities. 
The detailed rules of application may make provision for a 
period of reflection before an STM licence is issued. 
5. During the sensitive period(s) the issuing of an STM 
licence shall be without prejudice to the adoption of 
measures under Article 252 of the Act of Accession. 
Article 5 
Outside the sensitive period(s) the Portuguese authorities 
shall, by procedures to be determined, monitor the entry of 
products covered by Article 1 from the other Member 
States and imports from non-member countries and 
transmit the relevant data to the Commission. 
Article 6 
1. During periods of application of Article 4, release for 
free circulation in Portugal of products covered by in 
Article 1 from non-member countries may be made subject 
to presentation of an STM import licence. 
2. An STM import licence shall be issued to each 
applicant irrespective of the place of his establishment in 
the Community. 
3. An STM import licence shall be issued against security 
that the product will be released for free circulation during 
the period of validity of the document. The security shall 
be forfeit wholly or in part if the transaction is not or is 
only partly completed within the period. 
4. Applications for an STM import licence shall be made 
in Portugal and the licence issued by the Portuguese 
authorities. It shall be valid solely for release for free 
circulation in Portugal. 
Article 7 
If the Portuguese market in one or more of the products 
covered by Article 1 is disturbed or is threatened with 
disturbance from imports of non-member countries, and 
also during any period in which Article 252 of the Act of 
Accession applies, the Commission may restrict or, if 
necessary, suspend the issuing of STM import licences 
No C 297/26 Official Journal of the European Communities 27. 11. 90 
during the minimum necessary period, in accordance with Article 9 
the procedure laid down in Article 8. 
This Regulation shall enter into force on the third day 
following its publication in the Official Journal of the 
Article 8 European Communities. 
Detailed rules for the application of this Regulation shall be 
adopted in accordance with the procedure set out in 
Article 33 of Regulation (EEC) No 1035/72. It shall apply from 1 January 1991 to 31 December 1995. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, ... 
For the Council