CELEX: 51990PC0407(11)
Language: en
Date: 1990-10-04
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) LAYING DOWN GENERAL RULES FOR IMPLEMENTING THE ACT OF ACCESSION OF SPAIN AND PORTUGAL AS REGARDS THE COMPENSATION MECHANISM ON IMPORTS OF FRUIT AND VEGETABLES ORIGINATING IN PORTUGAL

27. 11. 90                             Official Journal of the European Communities                                No C 297/17
                                                          Proposal for a
                                           COUNCIL REGULATION (EEC) No . . .
                                                              of . . .
                   laying down general rules for implementing the Act of Accession of Spain and Portugal as
                   regards the compensation mechanism on imports of fruit and vegetables originating in
                                                             Portugal
                                                         (90/C 297/11)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                              for calculating the Portuguese offer price should therefore
                                                                      be specified;
 Having regard to the Treaty establishing the European
 Economic Community,                                                  Whereas where the offer price of the Portuguese product is
                                                                      lower than the Community offer price, compensation is to
                                                                      be effected by levying a corrective amount in accordance
                                                                      with Article 318 (1) (d) and (e) of the Act of Accession;
 Having regard to the Act of Accession of Spain and
                                                                      whereas in order to enable the compensation mechanism to
 Portugal, and in particular Article 234 (2) thereof,                 operate satisfactorily under sound conditions and to ensure
                                                                      that Portuguese products are not subject to more stringent
                                                                      arrangements than those applying to products originating
 Having regard to the Commission's proposal,                          in third countries, provision should be made that a decision
                                                                      to fix a corrective amount or to discontinue it be based on
                                                                      the prices recorded for several consecutive market days,
Whereas Article 318 of the Act of Accession provides that             and the method to be applied should be defined,
 from the beginning of the second stage of the transitional
 period for Portugal a compensation mechanism is to be
 introduced for imports into the Community, as constituted
 on 31 December 1985, hereinafter called the 'Community
 of Ten', of fruit and vegetables for which a reference price
 is fixed with regard to third countries, according to
Article 27 of Council Regulation (EEC) No 1035/72 of                  HAS ADOPTED THIS REGULATION:
 18 May 1972 on the common organization of the market
in fruit and vegetables ('), as last amended by Regulation
(EEC) No 1193/90( 2 );
                                                                                                Article 1
Whereas among the measures necessary for implementing
the mechanism, rules should be laid down in particular for            1. The Community offer price, referred to in
recording the producer prices for products or varieties              Article 318 (i) (a) of the Act of Accession, applicable to the
which are representative of the production marketed for              whole Community of Ten, shall be fixed for each
the purpose of calculating the Community offer price;                marketing year or for each of the periods into which the
whereas it should be borne in mind that the prices listed            year may be subdivided on the basis of seasonal price
concerned products packaged for transportation;                      variations. It shall be fixed before the beginning of the
                                                                     marketing year. However, for the period 1 January 1991 to
                                                                     the end of the 1990/91 marketing year, it shall be fixed
                                                                     before 1 January 1991.
Whereas, for the purpose of determining the Portuguese
offer price calculated each marketing day on the basis of
the representative rates recorded, the rates to be regarded
as such should be defined; whereas, in order to obtain a             2. The producer prices to be used for determining the
realistic overview of the market situation, the rates to be          Community offer price shall be those for a home-grown
used should concern a significant proportion of the goods            product with defined commercial characteristics, recorded
presented on the markets; whereas the nature of the rates            on the representative market or markets situated in the
and the quantity of products to be taken into consideration          production areas where prices are lowest, for the products
                                                                     or varieties which represent a considerable proportion of
                                                                     production marketed for part of the year or throughout the
                                                                     year and which fall within quality Class I and satisfy
(!) OJ No L 118, 20. 5. 1972, p. 1.                                  specified requirements as regards packaging and
(2) OJ No L 119, 11. 5. 1990, p. 43.                                 preparation.
 ---pagebreak--- No C 297/18                                Official Journal of the European Communities                                  27. 11. 90
When the average of prices recorded on each representative            1. If the Portuguese offer price remains at least ECU 0,6
market is being calculated, prices which could be                        below the Community offer price for two consecutive
considered excessively high or excessively low in realtion to            market days, a corrective amount shall be introduced,
normal price fluctuations on the market shall. be                        save in exceptional circumstances. This amount shall be
disregarded. Moreover, if the average price for a Member                 equal to the difference between the Community offer
State shows excessive variations with respect to normal                  price and the arithmetic mean of the last two
price fluctuations, it shall not be taken into account.                  Portuguese offer prices available.
3. The transport costs referred to in Article 318 (1) (a) of
the Act of Accession may be calculated on a flat-rate                 2. Where the Portuguese offer price recorded during a
basis.                                                                   period of five to seven consecutive market days is
                                                                         alternatively higher and lower than the Community
                                                                         offer price, and where Portuguese offer prices higher or
                                                                         lower than the Community offer price are recorded
                                                                         during two consecutive market days without the
                            Article 2                                    provision contained in paragraph 1 being applied, a
                                                                         corrective amount shall be introduced, save in
For the purpose of calculating the Portuguese offer price                exceptional circumstances, in derogation from that
referred to in Article 318 (1) (b) of the Act of Accession,              paragraph and under the conditions laid down below:
the Commission shall, on the basis of information supplied
by Member States or data gathered by the Commission
itself, regularly follow, for a product with defined                     — the corrective amount shall be introduced where
commercial characteristics, the trend of average prices for                  three Portuguese offer prices lower than the
products coming from Portugal on all the representative                      Community offer prices are recorded and where one
markets of the Community of Ten for which prices are                         of the Portuguese offer prices is at least ECU 0,6
available, namely the average prices on the most                             lower than the Community offer price;
representative import markets of the Member States and
significant prices recorded on other markets for large
quantities of those products or, if there are no prices on the           — the corrective amount shall be equal to the
most representative markets, significant prices recorded on                  difference between the Community offer price and
other markets for large quantities.                                          the last available Portuguese offer price at least
                                                                             ECU 0,6 lower than the Community offer price.
The following shall be regarded as representative:
                                                                      3. The corrective amount introduced pursuant to
— the prices of Class I products, provided that the
                                                                         paragraphs 1 and 2 shall be the same for all Member
     qualities of this class represent not less than 50 % of
                                                                         States of the Community of Ten and shall be levied in
     the quantity marketed,
                                                                         addition to the customs duties in force.
— the prices Class I products, together with, where the
    products in this class represent less than 50 % of the
     total quantity, the prices, used as they stand, of Class II
                                                                      4. The corrective amount introduced in accordance with
     products in respect of the quantity that will cover 50 %
                                                                         paragraph 1 shall not be adjusted unless a change in the
     if the total quantity marketed,
                                                                         factors used in its calculation gives rise from the time of
                                                                         its actual application, during three consecutive market
— the prices, used as they stand, of Class II products, in               days, to an adjustment in its amount of more than
     cases where there are no Class I products, unless a                 ECU 1,2.
     decision is taken to multiply them by a conversion
     factor if, by reason of production conditions in
     Portugal, such products have not, because of their
                                                                         The corrective amount shall be abolished where, from
     quality, been normally or traditionally marketed in
                                                                         the time of actual application of that amount, the
     Class I. Where the prices are multiplied by a conversion
                                                                         Portuguese offer prices for two consecutive market days
     factor, customs duties shall first be deducted.
                                                                         are at least equal to the Community offer price or if the
                                                                         prices are unavailable for six consecutive working days.
                                                                         It shall also be abolished if the application of the first
                                                                         subparagraph results in a corrective amount of zero.
                            Article 3
For the purpose of implementing Article 318 (1) (d) and (e)
of the Act of Accession, the following procedure shall be             5. The corrective amount introduced in accordance with
applied:                                                                 paragraph 2 shall be levied during six days.
 ---pagebreak--- 27. 11. 90                              Official Journal of the European Communities                            No C 297/19
   It shall be abolished prior to the expiry of that period                                 Article 4
    only if:
                                                                   1. Detailed rules for the application of this Regulation
                                                                   and the Community offer price shall be adopted in
                                                                   accordance with the procedure laid down in Article 33 if
        the application of paragraph 1 results in the fixing       Regulation (EEC) No 1035/72.
        of a new higher corrective amount, or
                                                                   2. A decision to introduce, adjust or abolish the corrective
                                                                   amount shall be taken by the Commission.
        from the time of actual application of the corrective
        amount the Portuguese offer prices, during three                                    Article 5
        consecutive market days, are at least equal to the
        Community offer price.                                     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