Commission Regulation (EEC) No 3944/89 of 20 December 1989 laying down detailed rules for applying the supplementary trade mechanism to fresh fruit and vegetables

COMMISSION  REGULATION (EEC) No 3944/89
of 20 December 1989
laying down detailed rules for applying the supplementary trade mechanism to fresh fruit and vegetables
THE COMMISSION 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,
Having regard to Council Regulation (EEC) No 3210/89 of 23 October 1989 laying down general rules for applying the supplementary trade mechanism to fresh fruit and vegetables (1), and in particular Article 9 thereof,
Whereas Regulation (EEC) No 3210/89 lays down general rules for the application, as from 1 January 1990, of the supplementary trade mechanism provided for in Article 81 of the Act of Accession to consigments, from Spain to the rest of the Community excluding Portugal of the fruit and vegetables listed in the Annex to Commission Regulation (EEC) No 816/89 (2); whereas the dtailed rules relating in particular to the statistical monitoring mechanism, the issue of the exit document and the communications required for the proper administration of the system should be adopted;
Whereas, to ensure that the mechanism provided for by the Act of Accession fulfils its purpose, which is to avert risks of disturbance or, as necessary, to allow prompt and appropriate action in response to market disturbances, statistical monitoring must be based, throughout the marketing year and for each of the products concerned, on systematic checking of the quantities consigned from Spain to the rest of the Community;
Whereas, with a view to the same objective, the national exit document issued by the authorities of the country of export during periods II and III, when the market situation is sensitive and very sensitive respectively, must contain the necessary particulars and constitute an appropriate instrument with which to monitor precisely and reliably the rate and trend of consignments of the Spanish products concerned; whereas, during period III, in order to monitor consignments more closely and be in a better to control the trend thereof, provision should be made for the exit document to be issued on application and within a specified time where Article 6 of Regulation (EEC) No 3210/89 is applied;
Whereas, should it be decided to restrict the issue of exit documents on account of market disturbances, it is reasonable, in order to leave trade patterns undisturbed, to take account of traditional consignments from the Spanish market; whereas, furthermore, the criteria to be applied for allocation the issue of exit documents within quantitative limits should be defined;
Whereas the content and frequency of the communications to be sent by the Member States to the Commission should be laid down in order to ensure the satisfactory administration of the supplementary trade mechanism;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables,