Council Regulation (EEC) No 3649/90 of 11 December 1990 laying down general rules for the mechanism for the protection of the Portuguese market in fruit and vegetables provided for in article 318 (2) of the act of accession of Spain and Portugal

COUNCIL REGULATION  (EEC) N° 3649/90  of 11 December 1990 laying down general rules for the mechanism for the  protection of the Portuguese market in fruit and vegetables provided for in Article 318 (2) of the  Act of Accession of Spain and 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 (2) of the Act of Accession lays down that, should the Portuguese market be  disturbed as a result of imports from the Community as constituted at 31 December 1985, appropriate  measures may be adopted during the second stage of the transition period with regard to those fruit  and vegetables for which a reference price is fixed; 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 at 31 December 1985; whereas Council Regulation (EEC) N° 3792/85 of 20  December 1985 laying down the arrangements applying to trade in agricultural products between Spain  and Portugal(1), as last amended by Commission Regulation (EEC) N° 3296/88(2), did not provide for  the application of the mechanism in question; whereas it is appropriate that such a mechanism be  applied in the context of this Regulation;
Whereas the abovementioned appropriate measures should consist of a mechanism for the protection of  the Portuguese market in the products in question, to be introduced by the Commission in the event  of disruption of that market;
Whereas, for the purposes of definition, the protection mechanism should incorporate, in  simplified form in view of their exceptional nature, the provisions of the system of reference prices introduced by Council Regulation (EEC) N° 1035/72 of 18 May 1972 on the common  organization of the market in fruit and vegetables(3), as last amended by Regulation (EEC) N° 1193/90(4); whereas a representative price for the Portuguese market should  therefore be fixed and a corrective amount, over and above the customs duty, should be levied where  the price on entry into Portugal of products from the other Member States is below the  representative price;
Whereas, to enable this mechanism to be implemented rapidly and to facilitate administration  thereof, it should be laid down that Portugal is to fix the representative price and the corrective  amounts in accordance with the method set out in this Regulation;