No C 297/20 Official Journal of the European Communities 27. 11. 90 
Proposal for a 
COUNCIL REGULATION (EEC) No . . . 
of... 
laying down general rules for the mechanism for the protection of the Portuguese market in 
fruit and vegetables provided for in Article 318 (2) of the Act of Accession 
(90/C 297/12) 
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 Articles 234 (2) and 258 (3) 
thereof, 
Having regard to the proposal from the Commission, 
Whereas Article 318 (2) of the Act of Accession lays down 
that should the Portuguese market be disturbed as a result 
of imports from the Community as constituted at 
31 December 1985, appropriate measures may be adopted 
during the second stage of the transition period with regard 
to those fruit and vegetables for which a reference price is 
fixed; 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 constitued at 31 December 1985; whereas 
Council Regulation (EEC) No 3792/85 of 20 December 
1985 laying down the arrangements applying to trade in 
agricultural products between Spain and Purtugal (*), as 
last amended by Commission Regulation (EEC) 
No 3296/88 (2), did not provide for the application of the 
mechanism in question; whereas such a mechanism should 
be applied in the context of this Regulation; 
Whereas the abovementioned appropriate measures should 
consist of a mechanism for the protection of the Portuguese 
market in the products in question, to be introduced by the 
Commission in the event of disruption of that market; 
Whereas the protection mechanism should incorporate, in 
simplified form in view of their exceptional nature, the 
provisions of the system of reference prices introduced by 
Council Regulation (EEC) No 1035/72 of 18 May 1972 
on the common organization of the market in fruit and 
vegetables (3), as last amended by Regulation (EEC) No 
1193/90 (4); whereas a representative price for the 
(!) OJ No L 367, 31. 12. 1985, p. 7. 
(2) OJ No L 293, 27. 10. 1988, p. 7. 
(3) OJ No L 118, 20. 5. 1972, p. 1. 
(4) OJ No L 119, 11. 5. 1990, p. 43. Portuguese market should therefore be fixed and a 
corrective amount, over and above the customs duty, 
should be levied where the price on entry into Portugal of 
products from the other Member States is below the 
representative price; 
Whereas, to enable this mechanism to be implemented 
rapidly and to facilitate administration thereof, it should be 
laid down that Portugal is to fix the representative price 
and the corrective amounts in accordance with the method 
set out in this Regulation, 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. If, during the second stage of the transition period, the 
Portuguese market is disrupted by imports from the other 
Member States, the Commission, acting at the request of 
Portugal and in accordance with the procedure laid down 
in Article 33 of Regulation (EEC) No 1035/72, may 
introduce a mechanism for the protection of the Portuguese 
market from imports from the other Member States of fruit 
and vegetables for which a reference price is fixed with 
respect to third countries. 
2. The decision referred to in paragraph 1 shall determine 
the period of application of the mechnism and the products 
to which it applies. 
3. The mechanism shall be based on a comparison of a 
Portuguese representative price, fixed in accordance with 
Article 2, and a price on entry into Portugal, calculated in 
accordance with Article 3. It shall be governed by the 
provisions of Articles 4 and 5. 
Article 2 
1. The Portuguese representative price shall be fixed by 
Portugal. It shall be calculated: 
— on the basis of the arithmetical mean of producer prices 
in Portugal plus packaging and transport costs from the 
production regions to the consumption centres 
representative of Portugal, 
27. 11. 90 Official Journal of the European Communities No C 297/21 
taking into account the trend in production costs. Article 5 
The ' producer prices shall be those determined in 
accordance with Article 23 (3) of Regulation (EEC) No 
1035/72. 
2. The transport costs referred to in paragraph 1 may be 
calculated at a standard rate. 
3. The Portuguese representative price may not exceed the 
reference price applied with respect to third countries. 
Article 3 
1. For the products for which a Portuguese representative 
price has been fixed Portugal shall regularly monitor, for a 
product with defined commercial characteristics, the trend 
of average prices of products imported from the other 
Member States in accordance with the conditions laid 
down in Article 24 (1) of Regulation (EEC) No 1035/72. 
2. The price on entry into Portugal shall be calculated by 
Portugal each marketing day in Portugal, on the basis of 
the representative prices for imports from the other 
Member States, recorded at or converted to the 
import/wholesale stage. 
3. The representative prices shall be determined in 
accordance with Article 24 (2) of Regulation (EEC) 
No 1035/72. 
4. The entry price shall be equal to the lowest 
representative price or to the average of the lowest 
representative prices recorded for at least 30 % of the 
quantities marketed on all the representative markets in 
Portugal for which prices are available, such price or prices 
being reduced first by: 
— the customs duties in force, 
— any corrective amount introduced in accordance with 
Article 4. 
Article 4 For the purposes of implementation of Article 4, the 
following procedure shall apply: 
1. If the price on entry into Portugal remains at least 
ECU 0,6 below the Portuguese representative price for 
two consecutive marketing days, a corrective amount 
shall be introduced, save in exceptional cases. The 
corrective amount shall be equal to the difference 
between the Portuguese representative price and the 
arithmetic mean of the two latest prices on entry into 
Portugal available. 
2. The corrective amount shall be the same amount for all 
imports from the other Member States and shall be 
added to the customs duties in force. It shall not be 
altered so long as a change in the factors in its 
calculation does not lead, after it is put into effect, to 
an adjustment in its amount of over ECU 1,2 for three 
consecutive marketing days. 
3. The corrective amount shall be abolished where, from 
the time of actual application of that amount, prices on 
entry into Portugal are at least equal to the Portuguese 
representative price for two consecutive marketing days 
or if the prices are unavailable for six consecutive 
working days. It shall also be abolished if the 
application of paragraph 2 results in a corrective 
amount of zero. 
Article 6 
1. Detailed rules for the application of this Regulation 
shall be adopted in accordance with the procedure laid 
down in Article 33 of Regulation (EEC) No 1035/72. 
2. A decision to introduce, adjust or abolish the corrective 
amount shall be taken by Portugal. 
3. Portugal shall notify the Commission and the other 
Member States immediately of the Portuguese 
representative prices and the corrective amounts before 
their entry into force. 
If the price on entry into Portugal calculated in accordance 
with Article 3 is less than the Portuguese representative 
price, a corrective amount equal to the difference between 
these two prices shall be charged on import into Portugal. Article 7 
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, . . 
For the Council