CELEX: 51990PC0407(14)
Language: en
Date: 1990-10-04
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) LAYING DOWN GENERAL RULES FOR APPLYING THE SUPPLEMENTARY TRADE MECHANISM TO TRADE IN FRESH FRUIT AND VEGETABLES BETWEEN PORTUGAL AND THE OTHER MEMBER STATES

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,
                                                                        Whereas experience of the operation of the existing
                                                                        supplementary        trade    mechanism        and     specific
                                                                        considerations pertaining to fruit and vegetables, i.e. short
 Having regard to the Act of Accession of Spain and                     production periods, short sensitive periods and the nature
 Portugal, and in particular Article 234 (2) thereof,                   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
 Having regard to the proposal from the Commission,                     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 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               Whereas during non-sensitive periods for the Portuguese
to Article 286 (2) of the Act, Council Regulation (EEC) No              market action should be confined to statistical monitoring;
000/00 of . . . on products subject to the supplementary                whereas on the other hand, during periods considered
trade mechanism during the second stage of Portuguese                   sensitive, to be determined in principle before the beginning
accession (*) laid down the list of products subject to                 of the marketing year by application of defined criteria,
transition by stages to which the mechanism is to apply                 entry into Portugal of products from the other Member
from the beginning of the second stage and included certain             States should be subject to presentation of an 'STM licence'
fruit and vegetables therein;                                           issued in Portugal;
Whereas the joint declaration annexed to the Act states
that, in their mutual trade in agricultural products, the new           Whereas the Commission should be able, during sensitive
Member States are in principle, to apply, with respect to               periods for the Portuguese market, to introduce a specific
each other, the provisions and transitional mechanisms                  arrangement applicable to fruit and vegetables from
provided for in the Act of Accession under the                          non-member countries in order to prevent products from
arrangements applicable to their respective trade with the              the other Member States being treated less favourably than
Community as constituted on 31 December 1985; whereas                   those from such countries; whereas for imperative reasons
this declaration was implemented by means of Council                    of management and surveillance the import document
Regulation (EEC) No 3792/85 of 20 December 1985                         required under such an arrangement should be issued by
laying down the arrangements applying to trade in                       the Portuguese authorities and be valid for release for free
agricultural products between Spain and Portugal ( 2 ), as              circulation in Portugal alone; whereas if the Portuguese
last amended by Commission Regulation (EEC) No                          market is disturbed or threatened with disturbance suitable
3296/88 (3); whereas the supplementary trade mechanism                  action should be taken,
(*) See page 38 of this Official Journal.
(2) OJ No L 367, 3 1 . 12. 1985, p. 7.                                  (4) OJ No L 118, 20. 5. 1972, p. 1.
(3) OJ No L 293, 27. 10. 1988, p. 7.                                    (5) OJ No L 119, 11. 5. 1990, p. 43.
 ---pagebreak--- 27. 11. 90                              Official Journal of the European Communities                              No C 297/IS
HAS ADOPTED THIS REGULATION:                                       wholly or in part if the transaction is not or is only partly
                                                                   completed within the period.
                          Article 1                                4. Applications for an STM licence shall be made in
                                                                   Portugal and the licence issued by the Portuguese
This Regulation lays down general rules for applying the           authorities.
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             The detailed rules of application may make provision for a
are subject to that mechanism pursuant to Article 286 (2)          period of reflection before an STM licence is issued.
of the Act of Accession.
                                                                   5. During the sensitive period(s) the issuing of an STM
                                                                   licence shall be without prejudice to the adoption of
                          Article 2                                measures under Article 252 of the Act of Accession.
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                                   Article 5
accordance with the procedure laid down in Article 8. The
period(s) may be adjusted during the marketing year in             Outside the sensitive period(s) the Portuguese authorities
accordance with the same procedure.                                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
2. The sensitive market period for each product shall be           transmit the relevant data to the Commission.
determined on the basis of:
— production     and marketing periods for        Portuguese
    produce,                                                                                 Article 6
— the outlook for consumption,                                     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
— the likely volume of consignments from the other
                                                                   to presentation of an STM import licence.
    Member States and its impact of the balance of the
    Portuguese market.
                                                                   2. An STM import licence shall be issued to each
                                                                   applicant irrespective of the place of his establishment in
                                                                   the Community.
                          Article 3
The target ceiling provided for in Article 251 of the Act of       3. An STM import licence shall be issued against security
Accession need be fixed solely for the sensitive period(s) of      that the product will be released for free circulation during
the Portuguese market. It may be split up to cover                 the period of validity of the document. The security shall
sub-periods of the sensitive period(s).                            be forfeit wholly or in part if the transaction is not or is
                                                                   only partly completed within the period.
                          Article 4                                4. Applications for an STM import licence shall be made
                                                                   in Portugal and the licence issued by the Portuguese
1. During the sensitive period(s) release for consumption          authorities. It shall be valid solely for release for free
in Portugal of products covered by Article 1 shall be subject      circulation in Portugal.
to presentation of an STM licence.
2. An STM licence shall be issued to each applicant                                          Article 7
irrespective of the place of his establishment in the
Community.                                                         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
3. An STM licence shall be issued against security that the        also during any period in which Article 252 of the Act of
product will be released for consumption during the period         Accession applies, the Commission may restrict or, if
of validity of the document. The security shall be forfeit         necessary, suspend the issuing of STM import licences
 ---pagebreak--- 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