CELEX: 51992PC0253(09)
Language: en
Date: 1992-11-11
Title: Proposal for a Council Regulation amending Regulation (EEC) No 3210/89 laying down general rules for applying the supplementary trade mechanism to fresh fruit and vegetables

18 . 12 . 92                                    Official Journal of the European Communities                                  No C 335 / 61
               Proposal for a Council Regulation amending Regulation (EEC ) No 3210 / 89 laying down general
                         rules for applying the supplementary trade mechanism to fresh fruit and vegetables .
                                                                 ( 92 / C 335 / 15
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                    down in the provisions on common organization of
                                                                             markets ;
 Having regard to the Treaty establishing the European                       Whereas Regulation (EEC ) No 3210 / 90 should therefore
 Economic Community and in particular Article 43                             be amended ,
 thereof,
 Having regard to the Act of Accession of Spain and
 Portugal , and in particular Article 89 ( 1 ) thereof,
                                                                             HAS ADOPTED THIS REGULATION :
 Having regard to the proposal from the Commission ,
                                                                                                        Article 1
 Having     regard    to     the    opinion      of the     European
 Parliament ,
                                                                             Regulation (EEC ) No 3210 / 89 is hereby amended as
                                                                             follows :
 Whereas Council Regulation ( EEC ) No 3210 / 89 of 23
 October 1989 ( ! ) provides that during sensitive and very                   1 . In Article 7 :
 sensitive periods the supplementary trade mechanism is to
 be operated using exit documents issued by the Spanish                           — the present text becomes paragraph 1 ,
 authorities for all fruit and vegetables consigned from
 Spain to the Member States of the Community as                                   — the following paragraph is added:
 constituted on 31 Decembr 1985 ;
                                                                                      '2 . During period III , if serious disturbance of the
                                                                                      market persists despite application of the measures
Whereas monitoring of observance of these arrangements                                specified in Article 6 , suitable measures
has so far been carried out at the frontier; whereas the                              complementary to those specified in that Article
realization on 1 January 1993 of a single market without                              may be adopted in accordance with the procedures
internal    frontiers     necessitates      establishment    of  new                  laid down in Article 85 of the Act of Accession .
monitoring arrangements , to be implemented largely in the                            These measures may include derogations from the
country of destination ;                                                              provisions on common organization of markets .';
Whereas an obligation to show the number of the exit                         2 . The following Article 8a is added :
document on commercial documents covering products
consigned from Spain to the Ten together with monitoring
on the spot in the country of destination , plus imposition of                    'Article 8a
severe penalties for failure to respect the provisions laid
down , should suffice to allow the supplementary trade
mechanism to function properly ; whereas monitoring on                            1 . Sale invoices and other commercial documents,
the spot will be facilitated by the indications of origin and                     apart from retail sale documents relating to products
provenance that under Community rules must appear on                              consigned from Spain to the other Member States
packages of products subject to the suplementary trade                            during periods II and III shall show the number of the
mechanism ;                                                                       exit document presented on consignment and any other
                                                                                  necessary information . Each holder of the goods in
                                                                                  question in a Member State other than Spain must be in
Whereas in cases of persistent serious disturbance of                             a position to present these documents at any moment .
markets despite application of the measures specified in
Article 6 of Regulation ( EEC ) No 3210 / 89 , it should be                       2.   The authorities of the Member States of the
possible for additional measures to be applied , if necessry                      Community as constituted on 31 December 1985 shall ,
derogating for local or regional markets from those laid                          using the commercial document indicated in paragraph
                                                                                  1 and the information shown on packages , make
                                                                                  checks , in wholesale markets in particular on whether
( J ) OJ No L 312 , 27 . 10 . 1989 , p. 6 .                                       during periods II and II products from Spain have been
 ---pagebreak--- No C 335 / 62                           Official Journal of the European Communities                              18 . 12 . 92
    consigned following submission of the document                     thereof the Spanish and Portuguese authorities and
    specified in Article 5 .                                           those of the Member States of the Community as
                                                                       constituted on 31 Decembr 1985 shall apply penalties
    3 . The Spanish authorities shall afford the Member                commensurate with the seriousness of the offence . In
    States of the Community as constituted on 31                       the case of operators who have consigned products
    December 1985 the cooperation required for detection               subject to the STM from Spain during periods II and III
    and pursuit of irregularities .                                    without having obtained the document specified in
    4 . None of the checks indicated in the previous                   Article 5 the penalty may not be less than twice the
    paragraphs may be effected at the borders between                  value of the products consigned without exit
    Member States .'.                                                  documents .'.
                                                                                            Article 2
3 . The following Article 8b is added :
                                                                   This Regulation shall enter into force on the seventh day
    'Article 8b
                                                                   following its publication in the Official Journal of the
                                                                   European Communities.
    In cases of failure to observe the provisions laid down
    by this Regulation or rules adopted in application             It shall apply from 1 January 1993 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .