CELEX: 51992PC0253(08)
Language: en
Date: 1992-11-11
Title: Proposal for a Council Regulation of laying down general rules for the application of the supplementary mechanism applicable to deliveries to Spain and to Portugal of products other than fruit and vegetables

No C 335 / 58                                Official Journal of the European Communities                                           18 . 12 . 92
               Proposal for a Council Regulation laying down general rules for applying the supplementary trade
                      mechanism to imports into Spain or Portugal of products other than fruit and vegetables
                                                              ( 92 / C 335 / 14
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                 deem appropriate and also of deterrent penalties where the
                                                                           provisions laid down are not complied with , will permit the
                                                                           supplementary trade mechanism to function properly ;
 Having regard to the Treaty establishing the European                     whereas on-the-spot checks will in particular be facilitated
 Economic Community , and in particular Article 43                         by the information on origin or provenance that in
 thereof,                                                                  accordance with the Community provisions must appear
                                                                           on products subject to the supplementary trade mechanism
                                                                           or on packaging thereof; whereas the cooperation of
 Having regard to the Act of Accession of Spain and                        consigning Member States will also contribute to the
 Portugal , and in particular Articles 89 ( 1 ) and 234 ( 2 )              effectiveness of the new arrangements ;
 thereof,
                                                                          Whereas , to cover cases of serious disturbance of markets
 Having regard to the proposal from the Commission ,                       persisting despite the application of the measures provided
                                                                           for in Articles 85 ( 2 ) and ( 3 ) and 252 ( 2 ) and ( 3 ) of the Act
 Having     regard      to   the      opinion of the     European         of Accession , provision should be made for the application
 Parliament ,                                                             of additional measures that may , where appropriate for
                                                                          local or regional markets , derogate from the provisions on
                                                                           the common organization of the relevant market ;
 Whereas Council Regulation ( EEC ) No 569 / 86 of 25
 February 1986 (*), as last amended by Regulation ( EEC )
 No 3296 / 88 ( 2 ), lays down general rules for the                      Whereas in view of the foregoing , amendments should be
 application of the supplementary mechanism applicable to                 made to the arrangements provided for in Regulation
trade ;                                                                   ( EEC ) No 569 / 86 and the latter should be replaced by a
                                                                          new regulation ,
Whereas the application of specific rules on fruit and
 vegetables in this area and the substantial shortening of the
list of products subject to the supplementary trade
mechanism being introduced for the purposes of realization
of the single market on 1 January 1993 restrict the scope of
 the abovementioned Regulation to a few products where                    HAS ADOPTED THIS REGULATION :
the only protected markets are those of Spain and
Portugal ;
Whereas , as a result of this situation and of other changes                                             TITLE I
which have occurred in the management of the
 supplementary trade mechanism ( in particular the expiry of
the period of application of the 'guide' quantities ), several                                Management of the STM
provisions of Regulation ( EEC ) No 569 / 86 no longer serve
 any purpose ;
                                                                                                         Article 1
Whereas , under that Regulation , trade is monitored at the
 border by means of a system of licences ; whereas the                     1 . Products , other than those covered by Regulation
realization of a single market without internal borders on 1              ( EEC ) No 1035 / 72 ( 3 ), from another Member State that
January 1993 requires the institution of a new system of                  are subject, as regards importation into Spain or Portugal ,
monitoring carried out in the countries of destination ;                  to the supplementary trade mechanism ( hereinafter referred
                                                                          to as the 'STM'), may move within in Spain and in Portugal
Whereas the obligation to indicate the number of the STM                  and released for consumption in those Member States only
licence used on commercial documents covering products                    on presentation of an STM licence .
imported from other Member States to Spain and Portugal ,
together with application in those two countries of
on-the-spot checks and of other measures that they may                    The provisions of the preceding subparagraph , as far as
                                                                          movement within in Spain and in Portugal is concerned ,
( 1 ) OJ No L 55 , 1 . 3 . 1986 , p . 106 .
( 2 ) OJ No L 293 , 27 . 10 . 1988 , p . 7 .                              ( 3 ) OJ No L 118 , 20 . 5 . 1972 , p. 1 .
 ---pagebreak--- 18 . 12 . 92                              Official Journal of the European Communities                               No C 335 / 59
shall not apply if the holder of the products can prove they         — limited to certain products in a product group ,
are not intended for the Spanish or Portuguese markets .
                                                                     — spread out over the year .
2 . STM licences shall be issued on application to any
party , irrespective of his place of establishment in the            2 . A time limit may be set for the issuing of STM licences
Community.                                                           and import licences .
3 . STM licences shall be issued subject to the provision of                                    Article 4
a security guaranteeing compliance with the undertaking to
enter the goods for consumption during the term of validity          Where the situation on the market calls for a limiting or
of the STM licence . The security shall be wholly or partly          suspending of imports into the Member State concerned ,
forfeit if the operation is not completed within that time or        the issuing of STM licences may be limited or suspended .
is only partly completed .
                                                                                                Article S
4 . STM licences may only be issued by a Member State
other than the Member State of entry for consumption .
                                                                     1 . In assessing the market situation in a Member State to
                                                                     which the STM applies , account shall be taken in particular
                                                                     of:
                            Article 2
                                                                     — the trend in domestic prices in that Member State ,
1 . Where products from third countries are entered for              — the trend in domestic demand in that Member State ,
free circulation in the Member State to which the STM
applies , release for free circulation may be effected only on       — the quantities of products traded without further
presentation of an STM import licence . STM import                       processing or after processing between that Member
licences shall be valid only in the Member State to which                State    and   the  other   Member     States   and    third
the STM applies .                                                        countries .
2 . Paragraph 1 .shall apply only to products falling within         2 . The information referred to in paragraph 1 shall also
the tariff headings to which Article 1 applies .                     serve as the basis for assessing the situation in the different
                                                                     regions or on the different markets of the Member State to
                                                                     which the STM applies .
3 . Paragraph 1 shall not apply to products from third
countries which are subject to quantitative restrictions in
the Member State to which the STM applies .                          3 . Where serious disturbance of the markets appears and
                                                                     persists despite the application of the measures provided
                                                                     for in point b of the second subparagraph of Article 85 ( 3 )
4 . STM import licences shall be issued on application to            and point b of the second subparagraph of Article 252 ( 3 )
any party , irrespective of his place of establishment in the        of the Act of Accession , suitable measures other than those
Community .                                                          provided for in those Articles may be adopted in addition
                                                                     to the letter in accordance with the procedure provided for
                                                                     therein .
5 . STM import licences shall be issued subject to the
provision of a security guaranteeing compliance with the
undertaking to enter the goods for free circulation during           Such measures may entail derogations from the provisions
the term of validity of the licence . The security shall be          on the common organization of the markets .
wholly or partly forfeit if the operation is not completed
within that time or is only partly completed .
                                                                                                 TITLE II
6 . STM import licences may be issued by any Member
State .                                                                                   Controls and penalties
7 . Save where special provisions are laid down , STM
                                                                                                Article 6
import licences shall replace import licences laid down for
certain products by Community regulations .
                                                                     Invoices     and   other   commercial     documents     to    be
                                                                     determined , excepting those made out at the stage of retail
                                                                     sale , relating to products covered by this Regulation that
                             Article 3
                                                                     are imported into Spain or Portugal from other Member
                                                                     States shall show the number of the STM licence used for
1 . The issuing of STM licences and import licences may              entry for consumption in those countries and any other
be :                                                                 necessary information .
 ---pagebreak--- No C 335 / 60                           Official Journal of the European Communities                                  18 . 12 . 92
                          Article 7                                                               Article 8
1 . The Spanish and Portuguese authorities shall carry out         1 . Where the provisions laid down in this Regulation or
on-the-spot checks on all operators , except retailers , who       the detailed rules adopted for its application are not
hold products for importation of which from the other              complied with , the Spanish and Portuguese authorities and
Member States a licence as indicated in Article 1 is               those of the other Member States shall apply penalties
required . The purpose of these checks shall be to verify          which shall be proportional to the seriousness of the
from the commercial documents indicated in Article 6 and           infringements committed . In the case of operators who
the indications on the products and their packaging that           have imported products subject to the STM from other
products in stock brought from the other Member States             Member States without an STM licence , these penalties
were imported under cover of an STM licence .                      shall amount to at least twice the value of products placed
                                                                   on the market without a licence .
2 . To ensure that the STM arrangements are properly                                              TITLE III
complied with the Spanish and Portuguese authorities may
supplement the checks provided for in paragraph 1 by                                General and final provisions
other measures . They may in particular stipulate that :
                                                                                                  Article 9
— operators as indicated in paragraph 1 who buy and sell
    the products in question shall keep stock records
    showing the name and place of business of the suppliers        Detailed rules for the application of this Regulation shall be
    of these products ,                                            adopted in accordance with the procedure laid down in
                                                                   Article 27 of Council Regulation (EEC) No 805 / 68 of 27
                                                                   June 1968 on the common organization of the market in
— other operators must be able to show at any time to              beef and veal 0 ), as last amended by Regulation ( EEC ) No
    whom the products in question belong .                         2066 / 92 ( 2), or, as the case may be , the corresponding
                                                                   articles of the other Regulation on common organization of
                                                                   agricultural markets .
3 . The authorities of the other Member States shall , in
                                                                                                 Article 10
line with the provisions of Regulation (EEC ) No 1468 / 81 ,
afford the Spanish and Portuguese authorities all necessary
cooperation , in particular where the checks indicated in          Regulation (EEC ) No 569 / 86 is hereby repealed .
pargraphs 1 and 2 point to responsibilities on the part of
undertakings located in their territory . They may to this
end require undertakings in the relevant sectors to keep                                         Article 11
appropriate records.
                                                                   This Regulation shall enter into force on the seventh day
                                                                   following its publication in the Official Journal of the
                                                                   European Communities.
4 . None of the checks indicated in the previous pragraphs
may be effected at the borders between Member States .             It shall apply from 1 January 1993 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                                                                   0 ) OJ No L 148 , 28 . 6 . 1968 , p . 24 .
                                                                   ( 2 ) OJ No L 215 , 30 . 7 . 1992 , p . 49 .