Commission Regulation (EEC) No 1351/92 of 26 May 1992 laying down detailed rules for applying the supplementary trade mechanism (STM) to imports of cereals into Portugal during the 1992/93 marketing year

COMMISSION REGULATION (EEC) No 1351/92  of 26 May 1992  laying down detailed rules for applying the supplementary trade mechanism (STM) to imports of cereals into Portugal during the 1992/93 marketing year
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, and in particular Article 251 thereof,
Having regard to Council Regulation (EEC) No 569/86 of 25 February 1986 laying down general rules for the application of the supplementary mechanism applicable to trade (1), as last amended by Regulation (EEC) No 3296/88 (2), and in particular Article 7  (1) thereof,
Having regard to Council Regulation (EEC) No 3659/90 of 11 December 1990 on products subject to the supplementary trade mechanism during the second stage of Portuguese accession (3), as last amended by Regulation (EEC) No 831/92 (4), and in particular
Article 1
thereof,
Whereas Regulation (EEC) No 3659/90 provides that the supplementary trade mechanism is to apply during the second stage in accordance with the conditions laid down in Articles 250, 251 and 252 of the Act of Accession; whereas, for products falling  within CN codes 1001 90 99, 1003 00 90 and 1005 90 00, that mechanism is to apply during periods which are critical to the marketing of cereals produced in Portugal; whereas those periods must be determined for each of the cereals in question taking  into account the period of harvest;
Whereas Council Regulation (EEC) No 916/92 of 31 March 1992 on the transfer to Portugal of 382 000 tonnes of cereals held by various intervention agencies (5) provides in particular for the transfer of 140 000 tonnes of common wheat and 170 000 tonnes  of barley to alleviate the impact of the severe drought affecting Portugal since the autumn of 1991; whereas the transfer is being effected under the control of the Portuguese authorities; whereas, therefore, it should be excluded from application of  the supplementary trade mechanism;
Whereas Article 251 of the Act of Accession provides for monthly target ceilings in order to facilitate the disposal of Portuguese production;
Whereas in order to prevent speculative applications for STM licences, the term of validity of the latter must be limited to a relatively short period which is sufficient for the completion of import operations under normal conditions; whereas holders  of STM licences should be required to lodge a security in order to ensure that licence obligations are properly observed;
Whereas, with a view to ensuring minimum supplies to the greatest number of operators for their immediate needs, provision should be made for each operator to be able to submit tenders only up to a maximum quantity; whereas, with a view to preventing  any circumvention of these provisions and consequently the buying-up of the quantities for sale by a small number of operators, provision should be made for recognized operators only to take part in this allocation of quantities to be imported;
Whereas this Regulation should therefore replace Commission Regulation (EEC) No 1367/91 (6);
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,