CELEX: 51992PC0253(10)
Language: en
Date: 1992-11-11
Title: Proposal for a Council Regulation amending Regulation (EEC) No 3651/90 laying down general rules for applying the supplementary trade mechanism to trade in fresh fruit and vegetables between Portugal and the other Member States

18 . 12 . 92                                  Official Journal of the European Communities                                    No C 335 / 63
               Proposal for a Council Regulation amending Regulation (EEC) No 3651 / 90 laying down general
               rules for applying the supplementary trade mechanism to movement of fresh fruit and vegetables
                                             between Portugal and the other Member States.
                                                              ( 92 / C 335 / 16 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                  down in the provisions on common organization of
                                                                          markets ;
                                                                          Whereas all the elements referred to above lead to the
Having regard to the Treaty establishing the European
Economic Community and in particular Article 43                           conclusion that Regulation (EEC ) No 3651 / 90 should be
thereof                                                                    amended in the manner provided for by the present
                                                                          Regulation ,
Having regard to the Act of Accession of Spain and
Portugal , and in particular Article 234 ( 2 ) thereof,
                                                                           HAS ADOPTED THIS REGULATION :
Having regard to the proposal from the Commission ,
                                                                                                           Article 1
Having      regard    to     the   opinion    of the     European         Regulation ( EEC ) No 3651 / 90 is amended as follows :
Parliament ,
                                                                           1 . In Article 4 the text of pargraph 1 is replaced by the
                                                                               following text :
Whereas Council Regulation ( EEC ) No 3651 / 90 of 11
December 1990 (*) provided that during sensitive periods                       ' 1 . During sensitive market periods movement within
the supplementary trade mechanism was to be operated                                 Portugal and release for consumption in that
using licences issued by the Portuguese authorities for fruit                        country of the products referred to in Article 1 shall
and vegetables imported from other Member State ;                                    be subject to presentation of an STM licence . The
                                                                                     provisions of the preceding subparagraph , as far as
                                                                                     movement within Portugal is concerned , shall not
Whereas up to the present checks on compliance with this                             apply if the holder of the products can prove that
scheme have been made at the frontier ; whereas the                                  they are not intended for the Portuguese market.';
realization on 1 January 1993 of a single market without
internal frontiers necessitates the introduction of a new
                                                                          2 . In Article 7 ,
system of checks applied in the country of destination ;
                                                                               — the present text becomes paragraph 1 ,
Whereas the requirement to indicate the number of the                          — a paragraph 2 is added , reading as follows :
STM licence used on commercial documents relating to
products imported into Portugal from other Member                                    '2 . If all or part of the Portuguese market is affected
States , together with on-the-spot checks in those countries                         by serious disturbances which persist in spite of the
and the application , in case of failure to comply with the                          application of the measures provided for in
provisions , of severe penalties is such as to ensure                                paragraph 1 appropriate measures differing from
satisfactory operation of the suplementary trade                                     those provided for there and in addition to them ,
mechanism ; whereas on-the-spot checks may , in particular ,                         may be adopted according to the procedure
be facilitated by the indications as to origin or provenance                         provided for in Article 252 of the Act of Accession .
which , under the terms of the Community provisions , must                           These measures may include derogations for local
appear on the packaging of products subject to the                                   or regional markets from the provisions on common
supplementary trade mechanism ;                                                      organization of markets .';
                                                                           3 . The following Article 7a is added :
Whereas in cases of serious market disturbance which
persists in spite of application of the measures provided for
in Article 7 of Regulation ( EEC ) no 3651 / 90 , it should be                 'Article 7 a
possible for additional measures to be applied , if necessary
derogating for local or regional markets from those laid                        1 . With the exception of those drawn up at retail
                                                                               level , sales invoices and other commercial documents to
                                                                               be determined relating to products coming from other
( i ) OJ No L 362 , 27 . 12 . 1990 , p. 24 .                                   Member States and imported into Portugal during those
 ---pagebreak--- No C 335 / 64                           Official Journal of the European Communities                                  18 . 12 . 92
    periods when presentation of an STM licence is                      'Article 7b
    required in application of Article 6 , shall indicate the
    number of the licence used for purposes of release for             Where the provisions of the present Regulation or the
    consumption in Portugal together with any other                    measures taken in order to apply them are not complied
    necessary information .                                            with the Portuguese authorities shall apply penalties
                                                                       proportional to the seriousness of the infringements
    2 . The Portuguese authorities shall apply , in                    committed . For those operators who have placed on the
    particular at wholesale markets , on-the-spot checks               market into Portugal , without an STM licence,
    intended to verify , using the commercial documents                products subject to the STM during periods when
    referred to in paragraph 1 and the information included            presentation of a licence is required in application of
    on packaging , whether products coming from other                  Article 6 , the penalties referred to may not be less than
    Member States have been released for consumption on                twice the value of the products placed on the market
    presentation of an STM licence during the periods                  without an STM licence .'.
    when presentation of such a licence is required in
    application of Article 6 .
                                                                                               Article 2
    3 . None of the checks indicated in the previous
    paragraphs may take place at the borders between               This Regulation shall enter into force on the seventh day
    Member States .';                                              following its publication in the Official Journal of the
                                                                   European Communities .
4 . The following Article 7b is added as follows :                 It shall apply from 1 January 1993 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .