Council Regulation (EEC) No 3651/90 of 11 December 1990 laying down general rules for applying the supplementary trade mechanism to trade in fresh fruit and vegetables between Portugal and the other Member States

COUNCIL REGULATION (EEC) N° 3651/90 of 11 December 1990 laying  down general rules for applying the supplementary trade mechanism to trade in fresh fruit and  vegetables between Portugal and the other Member States
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 234 (2)  thereof,
Having regard to the proposal from the Commission,
Whereas Article 249 of the Act of Accession provided for the temporary application of the  supplementary trade mechanism, hereinafter referred to as 'the STM`, between the Community as  constituted on 31 December 1985 and Portugal in order to forestall or, if necessary, react rapidly  and appropriately to market disturbance; whereas pursuant to Article 286 (2) of the Act, Council  Regulation (EEC) N° 3659/90 on products subject to the supplementary trade mechanism during the  second stage of Portuguese accession(1) laid down the list of products subject to transition by  stages to which the mechanism is to apply from the beginning of the second stage and included  certain fruit and vegetables therein;
Whereas the joint declaration annexed to the Act states that, in their mutual trade in agricultural  products, the new Member States are in principle, to apply, with respect to each other, the  provisions and transitional mechanisms provided for in the Act of Accession under the arrangements  applicable to their respective trade with the Community as constituted on 31 December 1985; whereas  this declaration was implemented by means of Council Regulation (EEC) N° 3792/85 of 20 December  1985 laying down the arrangements applying to trade in agricultural products between Spain and  Portugal(2), as last amended by Commission Regulation (EEC) N° 3296/88(3); whereas the  supplementary trade mechanism is thereby applicable to trade between Spain and Portugal;
Whereas experience of the operation of the existing supplementary trade mechanism and  considerations pertaining to fruit and vegetables, namely short production periods, short sensitive periods and  the nature of marketing structures in the country of consignment, indicate that a specific  mechanism should be introduced for products covered by Council Regulation (EEC) N° 1035/72 of 18  May 1972 on the common organization of the market in fruit and vegetables(4), as last amended by  Regulation (EEC) N° 1193/90(5); whereas this mechanism should apply only to the list of products  drawn up pursuant to Article 286 (2) of Act of Accession;
Whereas during non-sensitive periods for the Portuguese market action should be confined to  statistical monitoring; whereas on the other hand, during periods considered sensitive, to be  determined in principle before the beginning of the marketing year by application of defined  criteria, entry into Portugal of products from the other Member States should be subject to  presentation of an 'STM licence` issued in Portugal;
Whereas the Commission should be able, during sensitive periods for the Portuguese market, to  introduce a specific arrangement applicable to fruit and vegetables from non-member countries in  order to prevent products from the other Member States being treated less favourably than those  from such countries; whereas for imperative reasons of management and surveillance the import  document required under such an arrangement should be issued by the Portuguese authorities and be  valid for release for free circulation in Portugal alone; whereas, likewise, if the Portuguese  market is disturbed or threatened with disturbance suitable action should be taken,