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

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
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 89 (1) thereof,
Having regard to the proposal from the Commission,
Whereas Article 81 of the Act of Accession made provision for the application, from 1 January 1990 to 31 December 1995, of a supplementary mechanism to trade between Spain and the Community in products covered by Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (1), as last amended by Regulation (EEC) No 1119/89 (2); whereas, pursuant to paragraph 3 (b) of that Article, Commission Regulation (EEC) No 816/89 of 30 March 1989 establishing the list of products subject to the supplementary trade mechanism in the fresh fruit and vegetables sector (3) reduced the said list to certain products only and restricted application of the mechanism to products imported from Spain into the Community as constituted on 31 December 1985;
Whereas Article 9 (2) of Council Regulation (EEC) No 569/86 of 25 February 1986 laying down general rules for the application of the supplementary mechanism applicable to trade (4), as last amended by Regulation (EEC) No 3296/88 (5), states that the said Regulation is to apply to fruit and vegetable sector products covered by Regulation (EEC) No 1035/72 only if the Council does not adopt special provisions for these products;
Whereas, in view of the foregoing, in the light of the experience acquired from the operation of the existing supplementary trade mechanism, and given the restricted length of the production periods and sensitive periods for fruit and vegetables and the marketing structures in the exporting country, a special mechanism should be introduced for the products in question, to forestall or, as the case may be, allow prompt and appropriate action on any market disturbances;
Whereas for non-sensitive periods simple statistical monitoring will be adequate; whereas, in sensitive periods, an exit document not requiring the lodging of security will be issued for exports from Spain; whereas provision should be made so that the Kingdom of Spain can be authorized to restrict the issuing of such documents under certain conditions and during periods which, on the basis of objective indicators, are considered very sensitive;
Whereas provision should be made so that the Commission can introduce specific arrangements applicable to trade in fruit and vegetables from third countries in order to ensure that Spanish products are not treated less favourably than those from third countries enjoying most-favoured-nation treatment;
Whereas where the deterioration on the market of the Community of of any one of its regions is due to imports from third countries, the measures to be taken in respect thereof are adopted pursuant to and in accordance with the mechanisms already provided for by the common organization of the markets;
Whereas the provisions of this Regulation are without prejudice to the supplementary trade mechanism that may be applied as from 1 January 1991 to trade between Spain and Portugal and between the Community as constituted on 31 December 1985 and Portugal,