CELEX: 51991PC0424
Language: en
Date: 1991-10-31
Title: Proposal for a COUNCIL REGULATION ( EEC ) amending Regulation ( EEC ) No 4007/87 extending the period referred to in Articles 90 ( 1 ) and 257 ( 1 ) of the Act of Accession of Spain and Portugal, as regards Spain

COMMISSION OF THE EUROPEAN                              COMMUNITIES
                                                                C0M(91) 424 final
                                                                Brussels, 31 October 1991
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                                                 Proposal for a
                                           COUNCIL REGULATION (EEC)
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                              amending Regulation (EEC) No 4007/87 extending the
                   period referred to in Articles 90(1) and 257(1) of the Act of Accession
                                    of Spain and Portugal, as regards Spain
                                         (presented by the Commission)
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                             EXPLANATORY MEMORANDUM
   Articles 90(1) and 257(1) of the Act of Accession in the case of Spain and
   Portugal respectively, provide for a period during which the Commission may
   adopt transitional measures which may appear necessary to facilitate the
   switchover from the arrangements existing in Spain and Portugal before
   accession to those resulting from the application of the common organization
   of the markets under the conditions laid down in the Act, in particular if
   such implementation at the date laid down (1 March 1986) meets with
   appreciable difficulties for certain products.
   The date of expiry of that period, fixed at 31 December 1987 in the Act, was
   extended by Council Regulation (EEC) No 4007/87 of 22 December 1987, as
   amended by Regulation (EEC) No 3826/90 to 31 December 1991 for Spain and to
   31 December 1992 for Portugal. The measures adopted on the legal basis
   referred to above will cease to apply as of that date.
   During that period the Commission has adopted measures required for many
   groups of products, namely oils and fats, cereals, sugar, eggs, beef and
   veal, pigmeat and wine.
   Despite the progress made and developments occurring since accession and in
   spite of the application of the transitional measures adopted on that basis,
   difficulties remain and cannot be overcome in Spain by 1 January 1992.
   The possible need to cope with appreciable market difficulties specific to
   that Member State cannot be ruled out from the outset as regards the
   management of certain market organizations.
3. It should moreover be noted that Article 90 has facilitated the execution of
   the EEC/USA agreement on imports of maize and grain sorghum into Spain.
   Accompanying measures comparable to those adopted in recent years could still
   prove necessary to meet the Community's commitments.
4. To conclude, the term of validity of the text in point, a general provision
   which authorizes the application of transitional measures limited to the
   territory of a new Member State on the basis of objective criteria relating
   to that State should be extended.
   Adoption before 31 December 1991 is also vital ,ar> the measures adopted on
   that legal basis for Spain cease to apply at that date.
 ---pagebreak---                                                                               ^s
                                    Proposal for a
                             COUNCIL REGULATION (EEC) No
                                          of
                amending Regulation (EEC) No 4007/87 extending the
     period referred to in Articles 90(1) and 257(1) of the Act of Accession
                       of Spain and Portugal, as regards Spain
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Portugal, and in particular
Article 90(2) thereof,
Having regard to the proposal from the Commission^),
Having regard to the opinion of the European Parliament^),
Whereas Articles 90(1) and 257(1) of the Act of Accession provide for a period
during which transitional measures may be adopted to facilitate the switchover
from the arrangements existing in Spain and in Portugal before accession to those
resulting from the application of the common organization of the markets under
the conditions laid down in the Act and in particular to cope with appreciable
difficulties in implementing the new arrangements at the date laid down; whereas
the date of expiry of that period, set at 31 December 1987 in the Act of
Accession, was extended by Council Regulation (EEC) No 4007/87 of
22 December 1987( 3 ), as last amended by Regulation (EEC) No 3836/90( 4 ), to
31 December 1991 for Spain and to 31 December 1992 for Portugal;
 ---pagebreak---                                                                              y
Whereas, despite progress made in recent years, certain difficulties are unlikely
to be overcome by 31 December 1991 in Spain; whereas the period in question
should therefore be extended by one year for that Member State,
HAS ADOPTED THIS REGULATION:
                                    Article 1
In the first paragraph of Article 1 of Regulation (EEC) No 4007/87, the date
"31 December 1991" is hereby replaced by "31 December 1992".
                                    Article 2
This Regulation shall enter into force on 1 January 1992.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.
Done at                                          For the Council
                                                 The President
 ---pagebreak---                                                                                                                  r
      FINANCIAL                      STATEMENT
                                                                      DATE:
1. BUDGET HEADING:                                                    APPROPRIATIONS:
2. TITLE: Council Regulation anondlrg Reflation (EEC) Nb 4007/87 extending the period referred to In
     Articles 90(1) and 257(1) of the Act of Accession of Spain and Portugal
3. LEGAL BASIS: Articles 90(2)              of the Act of Accession.
4. AIMS OF PROJECT: To allow the extension of transitlonal measures appiicable in certain market sectors.
                                    Period of 12 months   Current Financial Year    FoI lowing Financial Year
      FINANCIAL IMPLICATIONS               19                      19^2.                     19*1*
5.0 EXPENDITURE
      - CHARGED TO T>€ EC BUDGET
      -  (REFUNDS/INTERVENTION)
      - NATIONAL ADMINISTRATION
      - OTHER
5.1 REVENUE
      - CVM RESOURCES OF THE EC
        (LEVIES/CUSTOMS DUTIES)
      - NATIONAL
5.0.1 ESTIMATED EXPENDITURE
5.1.1 ESTIMATED REVENUE
5.2 METHOD OF CALCULAT ION:
6.0 CAN THE PROJECT BE FINANCED FRCM APPROPRIATIONS ENTERED IN THE RELEVANT CHAPTER OF THE CURRENT BUDGET?
                                                                                                          YES/ÏO
6 . 1 CAN THE PROJECT BE FINANCED BY TRANSFER BETV£ENI CHAPTERS OF THE CURRENT BUDGET?
                                                                                                          YES/ND
6 . 2 WILL A SUPPLEMENTARY BUDGET BE NECESSARY?
                                                                                                          YES/NO
6 . 3 WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY?
                                                                                                          YES/ND
 OBSERVATIONS: S i s / J V S X
 ---pagebreak---                               Annex to the Financial Statement
The purpose of this draft Is to extend the legal basis required to continue applying
various transitional measures In respect of certain market organizations.
Given the nature of the general legal basis In question, it Is not possible a priori to
assess the financial Implication of this framework proposal.
However, a financial statement will be drawn up and attached to each proposal for specific
transitional measures.
 ---pagebreak---               FICHE D'IMPACT SUR LA COMPETIVITE ET L'EMPLOI
                                                                        -?
     Quelle est la Justification principale de la mesure ?
     Permettre la prolongation des mesures transitoires nécessitées
     pour faciliter le passage à la 2ème phase de l'adhésion.
II.  Caractéristiques des entreprises concernées. En particulier
     (a) Y a-t-iI un grand nombre de PME ?
     (b) Note-t-on des concentrations dans des régions
          i.  éligibles aux aides régionales des Etats membres ?
          il. éligibles au Feder ?
III. Quelles sont les obligations imposées directement aux entreprises?
     néant
IV.  Quelles sont les obiigations susceptibles d'être imposées
     entièrement aux entreprises via les autorités locales ?
     néant
     Y a-t-iI des mesures spéciales pour les PME?   aucune
     Lesquelles?
VI.  Quel est l'effet prévisible
      (a) sur la compétivité des entreprises ?
          néant
      (b) sur l'emploi ?
          néant
Vil. Les partenaires sociaux ont-ils été consultés ? non       Quels
      sont leurs avis ?
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(91) 424 final
                                                      DOCUMENTS
EN                                                                              06
                                Catalogue number : CB-CO-91-466-EN-C
                                                             ISBN 92-77-76779-0
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