CELEX: 51990PC0407(12)
Language: en
Date: 1990-10-04
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) 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

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