COMMISSION REGULATION 3819/90
of 19 December  1990
laying down detailed rules for the application of the supplementary trade mechanism to trade  in fresh fruit and vegetables between Portugal and the other Member States
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,
Having regard to Council Regulation (EEC) No 3651/90 of 11 December 1990 laying down general rules  for the application of the supplementary trade mechanism to trade in fresh fruit and vegetables  betwen Portugal and the other Member States  (1), and in particular Article 8 thereof,
Whereas Regulation (EEC) No 3651/90 laid down specific general rules for the supplementary trade  mechanism that are to apply to exports to Portugal of products covered by Council Regulation (EEC)  No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables  (2), as  last amended by Regulation (EEC) No 1193/90  (3); whereas detailed rules of application should be  adopted dealing with statistical surveillance and the issuing of STM licences and, if need be, of  STM import licences during periods when the Portuguese market is sensitive;
Whereas in the case of licences used during sensitive periods reference should be made, wherever  possible, to the provisions of Commission Regulation (EEC) No 574/86 of 28 February 1986 laying  down detailed rules for the application of the supplementary trade mechanism (STM)  (4), as last  amended by Regulation (EEC) No 4026/89  (5);
Whereas, pursuant to Regulation (EEC) No 3651/90, in order to provide the best conditions for  trade, the periods during which licences are issued following a period for consideration should be  kept to a minimum;
Whereas licences are to be issued by the Portuguese authorities and to be valid solely for entry  for consumption or for release for free circulation in Portugal;
Whereas the measures provided for in this Regulation are in accordance with the opinion of  Management Committee for Fruit and Vegetables,
The provisions of this Regulation shall  apply to exports from the Community as constituted on 31 December 1985 and from Spain to Portugal  and imports from third countries into Portugal of the fruit and vegetable sector products listed in  the Annex to Council Regulation (EEC) No 3647/90  (6) and subject to the supplementary trade  mechanism (hereinafter callied 'STM`).
1.    Exports from the other Member States and  imports from third countries of the products referred to in Article 1 shall be subject to  statistical surveillance by the Portuguese authorities. Such surveillance shall be based on the  monitoring of the quantities entering Portugal.
2.    For each product the Portuguese authorities shall periodically notify the Commission of the  quantities imported from the Community as constituted on 31 December 1985 from Spain and those  imported from third countries. Except where otherwise specified such notification shall be made  monthly, by the fifth day of the month at the latest, for the previous month.
1.     During sensitive periods within the meaning of Article 3 of Regulation (EEC) No 574/86 shall apply  to applications for and the issuing of the STM licences referred to in Article 4 of Regulation  (EEC) No 3651/90, except as otherwise provided for in this Regulation.
2.    However,
(a)  Article 2 (1) of Regulation (EEC) No 574/86 notwithstanding, the tolerance applicable shall be  2  %;
(b)except where other arrangements are made under Article 6 (2) of Regulation (EEC) No 574/86,  Article 19 (1) of Commission Regulation (EEC)
No 3719/88  (1) shall apply to the issuing of STM  licences.
STM licences shall be valid for 30 days from their date of issue as defined  in Article 21 (1) of Regulation (EEC) No 3719/88 except during periods when Article 6 (2) of  Regulation (EEC) 574/86 has been made applicable.
1.    The Portuguese authorities  shall notify to the Commission on the first working day of each week the quantities and description  of the products in accordance with the combined nomenclature, as well as the CN code of the  products for which STM licences were issued during the previous week.
2.    If Article 6 (2) of Regulation (EEC) No 574/86 is applied notification shall be according to  the provisions of that Article.
1.    When during a sensitive period it is decided to  make release for free circulation in Portugal of the products referred to in Article 1 subject to  presentation of an STM import licence the provisions of Article 10 of Regulation (EEC) No 574/86  shall be applicable.
2.    However,
(a)  one of the following entries shall be made in box 20 of the licence:
-  'Valido unicamente para el despacho a libre practica en Portugal (Reglamento (CEE) n° 3819/90  art. 6 apar. 2),`
-'Kun gyldig for overgang til fri omsaetning i Portugal (forordning (EOEF) nr.  3819/90, artikel 6, stk. 2),`
-'Gueltig nur fuer die Abfertigung zum freien Verkehr in Portugal  (Verordnung (EWG) Nr. 3819/90 Artikel 6 Absatz 2),`
-'Ýãêõñï ìueíï ãéá ôçí èÝóç óaa aaëaaýèaañç  êíçóïoeïñssá óôçí Ðïñôïãõëssá (Êáíïíéóìueò (AAÏÊ) áñéè. 3819/90 UEñèñï 6 (2)).`
-'Valid solely for  release for free circulation in Portugalo (Regulation (EEC) No 3819/90 Article 6 (2)).`
-'Valable  uniquement pour une mise en libre pratique au Portugal (Règlement (CEE) n° 3819/90 art. 6 §  2),`
-'Valido unicamente per l'immissione in libera pratica in Portogallo (Regolamento (CEE) n°  3819/90 art. 6 § 2),`
-'Alleen geldig voor het in het vrije verkeer brengen in Portugal  (Verordening (EEG) nr. 3819/90, artikel 6, lid 2),`
-'Válido apenas para uma colocação em livre  prática em Portugal (Regulamento n° 3819/90, n° 2 do artigo 6°),`
(b)except where other  arrangements are made under Article 10 (6) of the abovementioned Regulation Article 19 (1) of  Regulation (EEC) No 3719/88 shall apply to the issuing of STM import licences.
3.    STM import licences shall be valid for thirty days from their date of issue as defined in  Article 21 (1) of Regulation (EEC) No 3719/88 except during periods when Article 10 (6) of  Regulation (EEC) No 574/86 has been made applicable.
4.    The Portuguese authorities shall notify to the Commission on the first working day of each  week the quantities and description of the products in accordance with the combined nomenclature,  as well as the CN code of the products for which STM import licences were issued during the  previous week.
If Article 10 (6) of Regulation (EEC) No 574/86 is applied notification shall be made every day.
Portugal shall, by 30 November each year, send to the Commission production and  consumption forecasts for the following year for each product subject to the STM.
This  Regulation shall enter into force on 1 January
This Regulation shall be binding  in its entirety and directly applicable in all Member States.