Council Regulation (EEC) No 3640/90 of 11 December 1990 determining the general rules for the system of accession compensatory amounts for milk and milk products during the second stage of the accession of Portugal

COUNCIL REGULATION (EEC) N° 3640/90 of 11 December 1990  determining the general rules for the system of accession compensatory amounts for milk and milk  products during the second stage of the accession of 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 310 of the Act of Accession provides for the fixing of prices, for Portugal, at a  level which may be different from that of the common prices; whereas, pursuant to Article 240 of  the Act, such differences in price level are to be compensated for by a system of compensatory  amounts;
Whereas the accession compensatory amounts are intended to avoid disturbances in trade resulting  from differences  in prices; whereas, as a result, the application of accession compensatory amounts is not required  where there is no fear of such disturbances; whereas, as regards butter in particular, pursuant to  Article 240 (2) of the Act of Accession, no such amount need be fixed given the slight difference  between the prices applicable in Portugal and the common prices;
Whereas the situation as regards trade in skimmed-milk powder, where the price applicable in the  Azores differs from that applicable in mainland Portugal, would warrant setting the accession  compensatory amount on the basis of the latter price;
Whereas Article 311 of the Act of Accession provides that the accession compensatory amounts for  dairy products other than butter and skimmed-milk powder are to be fixed with the help of  coefficients to be determined; whereas, for the determination of such coefficients, account should  be taken, in particular, of the difference between the prices recorded on the Portuguese market and  the prices recorded in the other Member States;
Whereas, where it becomes necessary, provision should be made for the possible introduction of a  system for the advance fixing of accession compensatory amounts;
Whereas a certain amount of deflection of trade and distortion of competition may, in particular,  occur in the final period of moves towards price alignment and when common prices are applied  throughout the Community; whereas it is therefore justified that measures intended to avoid such  deflection and distortion should apply for such time as is necessary,