CELEX: 51992PC0253(06)
Language: en
Date: 1992-11-11
Title: Proposal for a Council Regulation discontinuing the compensation mechanism for fruit and vegetables in trade between Spain and Portugal and the other Member States

No C 335 / 56                               Official Journal of the European Communities                                    18 . 12 . 92
              Proposal for a Council Regulation discontinuing the compensation mechanism for fruit and
                            vegetables in trade between Spain and Portugal and the other Member States
                                                            ( 92 / C 335 / 12
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                Whereas the applicability of the above measures should
                                                                         therefore be terminated and for reasons of clarity Council
                                                                         Regulation ( EEC ) No 3709 / 89 of 4 December 1989 laying
                                                                         down general rules for implementing the Act of Accession
Having regard to the Treaty establishing the European                    of Spain and Portugal as regards the compensation
Economic Community ,                                                     mechanism on imports of fruit and vegetables originating
                                                                         in Spain ( ! ), Council Regulation ( EEC ) No 3648 / 90 of 11
                                                                         December 1990 laying down general rules for
Having regard to the Act of Accession of Spain and
                                                                         implementing the Act of Accession of Spain and Portugal as
Portugal , and in particular Articles 89 ( 2 ) and 234 ( 3 )
thereof,
                                                                        regards the compensation mechanism on imports of fruit
                                                                         and vegetables originating in Portugal ( 2 ) and Council
                                                                         Reglation ( EEC ) No 3649 / 90 of 11 December 1990 laying
Having regard to the proposal from the Commission ,                      down general rules for the mechanism for the protection of
                                                                         the Portugese market in fruit and vegetables provided for in
                                                                        Article 318 ( 2 ) of the Act of Accession of Spain and
Having     regard    to     the  opinion     of the    European         Portugal ( 3 ) should therefore be repealed ,
Parliament ,
Whereas realization of the single market on 1 January 1993               HAS ADOPTED THIS REGULATION :
requires the removal of all barriers to trade , not only
between the Member States of the Community as
constituted on 31 December 1985 but also , to the greatest                                              Article 1
possible extent , between those Member States and Spain
and Portugal ;
                                                                        The mechanisms instituted by Article 152 ( 1 ) and the first
                                                                        paragraph of Article 318 of the Act of Accession and the
Whereas protection of the markets of the Member States of               provisions of Articles 152 ( 3 ) and 318 ( 2 ) of the said Act
the Community as constituted on 31 December 1985 can                    shall no longer be applicable .
be ensured by maintaining the supplementary trade
mechanism for the most sensitive Spanish products ;
whereas the compensation mechanisms for fruit and                                                       Article 2
vegetables instituted by Articles 152 ( 1 ) and 318 ( 1 ) of the
Act of Accession , application and monitoring of which
would moreover be very difficult once the Community no                  Regulations ( EEC ) No 3709 / 89 , ( EEC ) No 3648 / 90 and
longer has internal frontiers , should therefore be                     ( EEC ) No 3649 / 90 are hereby repealed .
discontinued ;
                                                                                                        Article 3
Whereas no use has in fact been made of the measures to
protect the Spanish and Portugese markets provided for by
Articles 152 ( 3 ) and 318 ( 2 ) of the Act of Accession ;              This Regulation shall enter into force on 1 January 1993 .
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                                                                         ( i ) OJ No L 363 , 31 . 12 . 1989 , p. 3 .
                                                                         ( 2 ) OJ No L 362 , 27 . 12 . 1990 , p . 16 .
                                                                         ( 3 ) OJ No L 362 , 27 . 12 . 1990 , p . 19 .