Proposal for a COUNCIL REGULATION ( EEC ) amending Regulation ( EEC ) No 4007/87 extending the period referred to in Articles 90 ( 1 ) and 257 ( 1 ) of the Act of Accession of Spain and Portugal, as regards Spain
Date: 1991-10-31
Institutions: European Commission
Subjects: Spain, common organisation of markets, transitional period (EU)

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0M(91) 424 final 

Brussels, 31 October  1991 

Proposal  for a 

COUNCIL  REGULATION  (EEC) 

amending Regulation  (EEC) No 4007/87 extending the 
period  referred  to in Articles 90(1) and 257(1) of the Act of Accession 
of Spain and Portugal, as regards Spain 

(presented  by  the  Commission) 

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EXPLANATORY  MEMORANDUM 

Articles  90(1)  and  257(1)  of  the  Act  of  Accession  in  the  case  of  Spain  and 
Portugal  respectively,  provide  for  a  period  during  which  the  Commission  may 
adopt  transitional  measures  which  may  appear  necessary  to  facilitate  the 
switchover  from  the  arrangements  existing  in  Spain  and  Portugal  before 
accession  to  those  resulting  from  the  application  of  the  common  organization 
of  the  markets  under  the  conditions  laid  down  in  the  Act,  in  particular  if 
such  implementation  at  the  date  laid  down  (1 March  1986)  meets  with 
appreciable  difficulties  for  certain  products. 

The  date  of  expiry  of  that  period,  fixed  at  31  December  1987  in  the  Act,  was 
extended  by  Council  Regulation  (EEC)  No  4007/87  of  22  December  1987,  as 
amended  by  Regulation  (EEC)  No  3826/90  to  31  December  1991  for  Spain  and  to 
31  December  1992  for  Portugal.  The  measures  adopted  on  the  legal  basis 
referred  to  above  will  cease  to  apply  as  of  that  date. 

During  that  period  the  Commission  has  adopted  measures  required  for  many 
groups  of  products,  namely  oils  and  fats,  cereals,  sugar,  eggs,  beef  and 
veal,  pigmeat  and  wine. 

Despite  the  progress  made  and  developments  occurring  since  accession  and  in 
spite  of  the  application  of  the  transitional  measures  adopted  on  that  basis, 
difficulties  remain  and  cannot  be  overcome  in  Spain  by  1 January  1992. 

The  possible  need  to  cope  with  appreciable  market  difficulties  specific  to 
that  Member  State  cannot  be  ruled  out  from  the  outset  as  regards  the 
management  of  certain  market  organizations. 

3.  It  should  moreover  be  noted  that  Article  90  has  facilitated  the  execution  of 
the  EEC/USA  agreement  on  imports  of  maize  and  grain  sorghum  into  Spain. 
Accompanying  measures  comparable  to  those  adopted  in  recent  years  could  still 
prove  necessary  to  meet  the  Community's  commitments. 

4.  To  conclude,  the  term  of  validity  of  the  text  in  point,  a  general  provision 
which  authorizes  the  application  of  transitional  measures  limited  to  the 
territory  of  a  new  Member  State  on  the  basis  of  objective  criteria  relating 
to  that  State  should  be  extended. 

Adoption  before  31  December  1991  is also  vital 
that  legal  basis  for  Spain  cease  to  apply  at  that  date. 

,ar> the  measures  adopted  on 

^s 

Proposal  for a 

COUNCIL REGULATION  (EEC) No 

of 

amending Regulation  (EEC) No 4007/87 extending the 
period referred  to in Articles 90(1) and 257(1) of the Act of Accession 
of Spain and Portugal, as regards Spain 

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 90(2) thereof, 

Having  regard to the proposal  from the Commission^), 

Having  regard to the opinion of the European  Parliament^), 

Whereas Articles 90(1) and 257(1) of the Act of Accession provide  for a period 

during which transitional measures may be adopted  to facilitate the  switchover 

from the arrangements  existing  in Spain and  in Portugal before accession to those 

resulting  from the application of the common organization of the markets under 

the conditions  laid down  in the Act and  in particular  to cope with  appreciable 

difficulties  in implementing  the new arrangements  at the date  laid down; whereas 

the date of expiry of that period, set at 31 December  1987 in the Act of 

Accession, was extended  by Council  Regulation  (EEC) No 4007/87 of 

22 December  1987(3),  as last amended  by Regulation  (EEC) No  3836/90(4), to 

31 December  1991  for Spain and to 31 December  1992  for Portugal; 

y 

Whereas, despite progress made  in recent years, certain difficulties  are unlikely 

to be overcome by 31 December  1991  in Spain; whereas the period  in question 

should therefore be extended  by one year  for that Member State, 

HAS ADOPTED THIS REGULATION: 

Article 1 

In the first paragraph of Article  1 of Regulation  (EEC) No 4007/87, the date 

"31 December  1991" is hereby  replaced  by  "31 December  1992". 

This Regulation  shall enter  into force on  1 January 1992. 

Article 2 

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

Member States. 

Done at 

For the Council 

The President 

r 

F I N A N C I AL  STATEMENT 

1. BUDGET HEADING: 

DATE: 

APPROPRIATIONS: 

2. TITLE: Council Regulation anondlrg Reflation (EEC) Nb 4007/87 extending the period referred to In 

Articles 90(1) and 257(1) of the Act of Accession of Spain and Portugal 

3. LEGAL BASIS: Articles 90(2) 

of the Act of Accession. 

4. AIMS OF PROJECT: To allow the extension of transitlonal measures appiicable in certain market sectors. 

FINANCIAL  IMPLICATIONS 

19 

Period of 12 months 

Current Financial Year 
19^2. 

FoI lowing Financial Year 

19*1* 

5.0  EXPENDITURE 

- CHARGED TO T>€ EC BUDGET 
- (REFUNDS/INTERVENTION) 
- NATIONAL ADMINISTRATION 
- OTHER 

5.1 REVENUE 

- CVM RESOURCES OF THE EC 
(LEVIES/CUSTOMS DUTIES) 

- NATIONAL 

5.0.1  ESTIMATED EXPENDITURE 
5.1.1  ESTIMATED REVENUE 

5.2 METHOD OF CALCULAT ION: 

6.0 CAN THE PROJECT BE FINANCED FRCM APPROPRIATIONS ENTERED  IN THE RELEVANT CHAPTER OF THE CURRENT BUDGET? 
YES/ÏO 

6 .1  CAN THE PROJECT  BE  FINANCED  BY  TRANSFER  BETV£ENI  CHAPTERS  OF THE CURRENT  BUDGET? 

6 .2  WILL  A  SUPPLEMENTARY  BUDGET  BE  NECESSARY? 

6 .3  WILL  FUTURE  BUDGET  APPROPRIATIONS  BE  NECESSARY? 

OBSERVATIONS:  S is 

/ J V SX 

YES/ND 

YES/NO 

YES/ND 

Annex  to  the  Financial  Statement 

The  purpose  of  this  draft  Is  to  extend  the  legal  basis  required  to  continue  applying 
various  transitional  measures  In  respect  of  certain  market  organizations. 

Given  the  nature  of  the  general  legal  basis  In question,  it  Is not  possible  a  priori  to 
assess  the  financial  Implication  of  this  framework  proposal. 

However,  a  financial  statement  will  be  drawn  up  and  attached  to  each  proposal  for  specific 
transitional  measures. 

FICHE D'IMPACT SUR  LA COMPETIVITE ET L'EMPLOI 

-? 

Quelle est  la Justification principale  de  la mesure ? 

Permettre  la prolongation des mesures  transitoires nécessitées 

pour  faciliter  le passage à  la 2ème phase de  l'adhésion. 

II.  Caractéristiques des entreprises concernées. En particulier 

(a) Y a-t-iI un grand nombre de PME ? 

(b) Note-t-on des concentrations dans des  régions 

i.  éligibles aux aides régionales des Etats membres ? 

il. éligibles au Feder  ? 

III. Quelles sont  les obligations  imposées directement  aux entreprises? 

néant 

IV.  Quelles sont  les obiigations susceptibles d'être  imposées 

entièrement  aux entreprises via  les autorités  locales ? 

néant 

Y a-t-iI  des mesures spéciales pour  les PME?  aucune 

Lesquelles? 

VI.  Quel  est  l'effet  prévisible 

(a) sur  la compétivité des entreprises ? 

néant 

(b) sur  l'emploi  ? 

néant 

Vil. Les partenaires  sociaux ont-ils été consultés ? non 

Quels 

sont  leurs avis ? 

ISSN 0254-1475 

COM(91) 424 final 

DOCUMENTS 

EN 

06 

Catalogue number : CB-CO-91-466-EN-C 

ISBN 92-77-76779-0 

Office for Officiai Publications of the European Communities 
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