COMMISSION REGULATION (EEC) No 3815/90
of 19 December 1990
laying  down detailed rules for the application of the supplementary mechanism to trade in certain beef and  veal products intended for Portugal
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 3792/85 of 20 December 1985 laying down the  arrangements applying to trade in agricultural products between Spain and Portugal  (3), as amended  by Regulation (EEC) No 3296/88, and in particular Article 13 thereof,
Whereas Council Regulation (EEC) No 3659/90  (4) lays down the list of products subject to  transition by stages to which the supplementary trade mechanism (STM) applies from the beginning of  the second stage of Portugal's accession;
Whereas Article 5 of Council Regulation (EEC) No 3792/85 lays down that imports of these products  into Portugal from Spain are subject to the supplementary trade mechanism in accordance with  Articles 249 to 252 of the Act of Accession;
Whereas the indicative ceilings om imports into Portugal of certain beef and veal products listed  in the Annex to this Regulation are fixed on the basis of a forward estimate drawn up pursuant to  Article 251 of the Act of Accession taking account, in particular, of the traditional
pattern of  imports into Portugal and of the need for a gradual opening up of the Portuguese market;
Whereas it should be laid down that Community traders may only export certain beef and veal  products to Portugal under certain restrictive conditions regarding in particular the length of  time they have been trading; whereas, for 1991, a derogation should be given to traders in the  territory of the former German Democratic Republic to allow them to export these products to  Portugal;
Whereas, when laying down the detailed rules for the lodging of the application and the issuing of  licences, derogation should be made from Commission Regulation (EEC) No 3719/88 of 16 November 1988  laying down common detailed rules for the application of the system of import and export licences  and advance fixing certificates for agricultural products  (5), as last amended by Regulation (EEC)  No 1599/90  (6), and from Commission Regulation (EEC) No 574/86 of 28 February 1986 laying down  detailed rules for the application of the supplementary trade mechanism (STM)  (7), as last amended  by Regulation (EEC) No 3296/88;
Whereas, with regard to imports from third countries, certain aspects of the arrangements  applicable to STM import licences laid down by Regulation (EEC) No 596/86 should be clarified;  whereas, for this purpose, the application of Commission Regulation (EEC) No 2377/80 of 4 September  1980 on special detailed rules for the application of the system of import and export licences in  the beef and veal sector  (8), as last amended by Regulation (EEC) No 2996/90  (9), and of the  other provisions regarding the various special import arrangements is the most appropriate for the  import arrangements for beef and veal;
Whereas the Management Committee for Beef and Veal has not delivered an opinion within the time  limit set by its chairman,
The indicative ceilings relating to  certain products in the beef and veal sector which may be imported into Portugal from the Community  as constituted at 31 December 1985 and from Spain shall be those set out in the Annex.
1.    STM licences shall be required for the import into Portugal from the other Member States of  products falling within:
-  one of the codes of the combined nomenclature, or
-one of the groups of codes of the combined  nomenclature
given in the Annex.
2.    Notwithstanding Article 2  (2) of Regulation (EEC) No 574/86, the rights deriving from the  STM licence are not transferable.
For the purposes of this Regulation, 100 kilograms of  bone-in meat shall correspond to 77 kilograms of boned meat.
Notwithstanding:
(a)  Article 15 of Regulation (EEC) No 3719/88, applications for STM licences lodged between Monday  and Friday at 1 p.  m. shall be deemed to have been lodged simultaneously.
(b)the first and second subparagraphs of Article 6  (2) of Regulation (EEC) No 574/86, the Member  States shall notify the Commission before 1 p.  m., every Wednesday of the quantity for which  licence applications have been lodged the previous week broken down by product concerned. The  Member States shall issue STM licences for the quantities requested on the following Monday, unless  the Commission has taken any special measures,
(c)Article 6  (1) of Regulation (EEC) No 574/86, the first copy of the licence shall be handed to  the applicant or sent to the address stated in the application;
(d)the third subparagraph to Article 6  (2) of Regulation (EEC) No 574/86, the obligation to use  the licence shall remain if the reduction coefficient is applied.
1.     The applicant  must be a natural or legal person who at the time his application is submitted has, for 12 months  at least, been engaged in trade in products of the beef and veal sector between Member States or  with third countries and who is entered in an official register of a Member State.
Until 31 December 1991, these conditions shall not apply to applicants who have been established  for at least 12 months in the territory of the former German Democratic Republic.
2.    Licence applications shall be considered only if the applicant declares in writing that the  has not lodged and undertakes not to lodge any application for the same product in any Member State  other than that where his present application is lodged; if an applicant lodges applications in two  or more Member States, none of the applications shall be considered.
3.    All applications from one applicant shall be regarded as a single application.
The sum of the quantities stated in the STM licences applied for by a given trader in any one week  shall, for each of the groups of products specified in the Annex, not exceed 90 head for live  animals or 50 tonnes for fresh, chilled or frozen meat expressed in tonnes equivalent carcase  weight.
1.    During the first nine months of the year, the maximum quantity in respect  of which STM licences may be issued in each three-month period shall be 30% of the quantities given  in the Annex.
2.    If the total quantity for which applications are received during a three-month period is less  than the quantity available, the quantity remaining shall be added to the quantity available during  the following three-month period.
STM licences as provided for in Articles 1 and 3 of  Regulation (EEC) No 569/86 shall be valid for 18 days for all products set out in the Annex from  the actual date of issue, in accordance with Article 21  (2) of Regulation (EEC) No 3719/88.
The security relating to STM licences shall be:
-  ECU 15 per animal in the case of live bovine animals,
and
-ECU 10 per 100 kilograms for all other products set out in the Annex.
0
1.     Portugal shall notify the Commission of the quantities of products actually imported in each  three-month period, broken down by product, not later than 45 days after the end of the period  concerned.
2.    Portugal shall notify the Commission not later than 15 October each year of the forecast  production and consumption in that Member States for the following year.
1
Notwithstanding Regulation (EEC) No 574/86, STM import licences as provided for in Article 3 of  Regulation (EEC) No 596/86 shall be subject to the provisions of Regulation (EEC) No 2377/80 and to  the other provisions regarding the various special import arrangements.
The communications referred to in Article 10  (8) of Regulation (EEC) No 574/86 shall specify the  quantities applied for under each set of import arrangements.
2
This Regulation shall  enter into force on 1 January 1991.
This Regulation shall be binding in its  entirety and directly applicable in all Member States.