Council Regulation (EEC) No 3818/92 of 28 December 1992 amending Regulation (EEC) No 3210/89 laying down general rules for applying the supplementary trade mechanism to fresh fruit and vegetables

COUNCIL REGULATION (EEC) No 3818/92  of 28 December 1992  amending Regulation (EEC) No 3210/89 laying down general rules for applying the supplementary trade mechanism to fresh fruit and vegetables
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community and in particular Article 43 thereof,
Having regard to the Act of Accession of Spain and Portugal, and in particular Article 89 (1) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas Council Regulation (EEC) No 3210/89 (2) provides that during sensitive and very sensitive periods the supplementary trade mechanism is to be operated using exit documents issued by the Spanish authorities for all fruit and vegetables consigned  from Spain to the Member States of the Community as contributed on 31 December 1985;
Whereas monitoring of observance of these arrangements has so far been carried out at the frontier; whereas the realization on 1 January 1993 of a single market without internal frontiers necessitates establishment of new monitoring arrangements, to be  implemented largely in the country of destination;
Whereas an obligation to show the number of the exit document on commercial documents covering products consigned from Spain to the Member States of the Community as constituted on 31 December 1985 together with monitoring on the spot in these countries  and other measures which such countries might, where appropriate, deem appropriate, plus imposition of severe penalties for failure to respect the provisions laid down, should suffice to allow the supplementary trade mechanism to function properly;  whereas monitoring on the spot will be facilitated by the indications of origin and provenance that under Community rules must appear on packages of products subject to the supplementary trade mechanism;
Whereas in cases of persistent serious disturbance of markets despite application of the measures specified in Article 6 of Regulation (EEC) No 3210/89, it should be possible for additional measures to be applied, if necessary derogating for local or  regional markets from those laid down in the provisions on common organization of markets;
Whereas the preceding factors taken together lead to the conclusion that Regulation (EEC) No 3210/90 should therefore be amended,