Council Regulation (EEC) No 3648/90 of 11 December 1990 laying down general rules for implementing the act of the accession of Spain and Portugal as regards the compensation mechanism on imports of fruit and vegetables originating in Portugal

COUNCIL REGULATION  (EEC) N° 3648/90 of 11 December 1990 laying down general rules for implementing the Act of the  Accession of Spain and Portugal as regards the compensation mechanism on imports of fruit and  vegetables originating in Portugal
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 318 of the Act of Accession provides that from the beginning of the second stage  of the transitional period for Portugal a compensation mechanism is to be introduced for imports  into the Community, as constituted on 31 December 1985, hereinafter called the 'Community of Ten`,  of fruit and vegetables for which a reference price is fixed with regard to third countries,  according to Article 27 of Council Regulation (EEC) N° 1035/72 of 18 May 1972 on the common  organization of the market in fruit and vegetables(1), as last amended by Regulation (EEC) N°  1193/90(2);
Whereas, among the measures necessary for implementing the mechanism, rules should be laid down in  particular for recording the producer prices for products or varieties which are representative of  the production marketed for the purpose of calculating the Community offer price; whereas it should  be borne in mind that the prices listed concern products packaged for transportation;
Whereas, for the purpose of determining the Portuguese offer price calculated each marketing day on  the basis of the representative rates recorded, the rates to be regarded as such should be defined;  whereas, in order to obtain a realistic overview of the market situation, the rates to be used  should concern a significant proportion of the goods presented on the markets; whereas the nature  of the rates and the quantity of products to be taken into consideration for calculating the  Portuguese offer price should therefore be specified;
Whereas, where the offer price of the Portuguese product is lower than the Community offer price,  compensation is to be effected by levying a corrective amount in accordance with Article 318 (1) (d) and (e) of the  Act of Accession; whereas, in order to enable the compensation mechanism to operate satisfactorily  under sound conditions and to ensure that Portuguese products are not subject to more stringent  arrangements than those applying to products originating in third countries, provision should be  made that a decision to fix a corrective amount or to discontinue it be based on the prices  recorded for several consecutive market days, and the method to be applied should be defined,