COMMISSION REGULATION (EEC) No 3812/90
of 19  December 1990
laying down detailed rules for the application of the supplementary trade mechanism  to milk products imported into Portugal from the Community of Ten and Spain
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 3792/85 laying down the arrangements applying to  trade in agricultural products between Spain and Portugal  (1), and in particular Article 13  thereof,
Having regard to Council Regulation (EEC) No 3577/90 of 4 December 1990 on transitional measures  and adjustments required in the agricultural sector as a result of the integration of the territory  of the former German Democratic Republic into the Community  (2), and in particular Article 3  thereof,
Having regard to Council Regulation (EEC) No 569/86 laying down general rules for the application  of the supplementary mechanism applicable to trade  (3), as last amended by Regulation (EEC) No  1637/90  (4), and in particular Article 7  (1) thereof,
Whereas Council Regulation (EEC) No 3659/90 of 11 December 1990 on the products subject to the  supplementary trade mechanism during the second stage  (5) provides that the said mechanism should  apply from 1 January 1991 to 31 December 1995 to the milk products listed in the Annex thereto;  whereas, in addition, Commission Regulation (EEC) No 574/86  (6), as last amended by Regulation  (EEC) No 4026/89  (7), laid down the detailed rules for the application of the supplementary trade  mechanism for all agricultural sectors; whereas the specific provisions relating to the milk and  milk products concerned and delivered to Portugal should be laid down;
Whereas provision should be made for indicative ceilings on imports into Portugal from the  Community of Ten
during 1991, fixed on the basis of forward estimate and timetable; whereas, for  practical management reasons, such ceilings should be fixed not by marketing year but by calendar  year; whereas a derogation should be made from Article 15 of Commission Regulation (EEC) No 3719/88   (8), as last amended by Regulation (EEC) No 1599/90  (9), and from Article 6  (2) of Regulation  (EEC) No 574/86 as regards the application for and issue of STM licences, their period of validity  and the amount of the securities differentiated by product in order to ensure that the system  functions smoothly;
Whereas under Article 5  (2) of Regulation (EEC) No 3792/85 the supplementary trade mechanism for  imports from the Community into Portugal applies automatically to imports from Spain; whereas it is  agreed to be taken into consideration when fixing the ceilings;
Whereas Community traders may export cheese to Portugal only under certain restrictive conditions,  concerning in particular the length of time they have been practising their trade; wheres this rule  should be derogated from for 1991 to the benefit of traders located in the territory of the former  German Democratic Republic in order to allow them to export cheese to Portugal;
Whereas the Management Committee for Milk and Milk Products has not delivered an opinion within  the time limit set by its chairman,
1.    The indicative ceilings for the period from 1 January to 31  December 1991 shall be those laid down in the Annex hereto.
2.    For the purposes of fixing and applying indicative ceilings, the marketing year shall  correspond to the calendar year.
1.    The maximum quantity for which licences may be  issued in any quarter shall be 25  % of the quantities shown in the Annex.
2.    Applications for STM licences for cheeses must indicate the type concerned for each  quantity.
3.    Notwithstanding:
(a)  Article 15 of Regulation (EEC) No 3719/88, applications for STM licences lodged during a week  shall be deemed to have been lodged on the following Monday, before 1 p.  m.;
(b)the first and second subparagraphs of Article 6  (2) of Regulation (EEC) No 574/86, Member  States shall inform the Commission, before 1 p.  m. each Wednesday, of the quantity, broken down by  product concerned, in respect of which applications for licences were deemed to have been lodged by  the previous Monday. Member States shall issue STM licences on the following Monday for the  quantities applied for, unless the Commission has taken special measures.
With regard  to cheeses falling within CN code 0406, an STM licence may be applied for only by an undertaking  which is recognized as having trader status in the Member State in which it is established and  which has been trading in cheeses for at least 12 months.
However, until 31 December 1991, traders who have been established for at least 12 months in the  territory of the former German Democratic Republic shall not be obliged to have been trading for at  least 12 months.
1.    The quantity covered by an application for an STM licence may  not for any undertaking exceed in any quarter that laid down in Article 2  (1).
Applications shall not be valid unless the applicant declares in writing that he has not lodged  and will not lodge applications covering the same product in any other Member State; should  applications be lodged by an applicant in two or more Member States they shall be invalid.
All applications made by an applicant in a single Member State shall be considered as a single  application.
2.    For all products listed in the Annex STM licences shall be valid for 21 days from the actual  date of issue, in accordance with Article 21  (2) of Regulation (EEC) No 3719/88.
3.    Notwithstanding Article 2  (2) of Regulation (EEC) No 574/86, the rights deriving from the  STM licence shall not be transferable during the period of its validity.
4.    Notwithstanding the third subparagraph of Article 6  (2) of Regulation (EEC) No 574/86,  where the single coefficient for reducing the quantities is applied, the obligation to use the  licence shall stand.
The amount of the security referred to in Article 1  (3) of  Regulation (EEC) No 569/86 shall be as follows for the products listed in the Annex:
-  ECU 4/100 kg for the products falling within CN codes 0401  10  10, 0401  20  11, 0401  20  91  listed in the Annex;
-ECU 25/100 kg for the cheeses listed in the Annex.
These provisions shall apply  mutatis mutandis to imports from Spain
Portugal shall notify the Commission, no later  than 45 days after the end of the monthly period concerned, of the quantities of products actually  imported, broken down by product and, where appropriate, by category.
Portugal shall  notify the Commision not later than 15 October each year of the production and consumption  forecasts for that Member State for the following year.
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.