COMMISSION REGULATION (EEC) No 3817/90
of 19 December 1990
laying down detailed rules for  the application of the supplementary trade mechanism for certain products in the eggs and  poultrymeat sectors destined for Portugal and originating in the other Member States
THE COMMISSION OF THE EUROPEAN
COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Communitiy,
Having regard to the Act of Accession of Spain and Portugal, and in particular Article 251 (1)  thereof,
Having regard to Council Regulation No 569/86 of 25 February 1986 laying down general rules for the  application of the supplementary mechanism applicable to trade (STM)  (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) has specified the list of products submitted to  transition by stage which are subject to the STM from the beginning of the second stage;
Whereas Article 5 (2) of Council Regulation (EEC) No 3792/85 of 20 December 1985 specifies that the  imports from Spain of these products are submitted to the STM according to Articles 249 and 252 of  the Act of Accession;
Whereas the indicative ceilings on imports into Portugal of certain products of the eggs and  poultrymeat sectors listed in the Annex to this Regulation are laid down on the basis of the  provisional balance sheet established in application of Article 251 of the Act of Accession and on  taking account in particular of the traditional trade volumes of imports into Portugal as well as  the necessity for a progressive opening up of the Portuguese market;
Whereas it is appropriate to foresee that Community operators can only export certain products in  the eggs
and poultrymeat sectors to Portugal under certain restrictive conditions concerning in  particular the period during which they have engaged in their commerce; whereas it is appropriate  to derogate from that rule for 1991 to benefit those operators situated in the territory of the  former German Democratic Republic in order to allow them to export those products to Portugal;
Whereas to lay down detailed rules for the application for the issue of licences it is necessary to  derogate from both 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 amended by Regulation (EEC) No 1599/90  (6), and  Commission Regulation (EEC) No 574/86 of 28 February 1986 laying down detailed rules for the  application of the STM(7), as last amended by Regulation (EEC) No 3296/88;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Management Committee for Eggs and Poultrymeat,
The indicative ceilings relating to  certain products in the eggs and poultrymeat sectors which may be imported into Portugal from the  Community as constituted at 31 December 1985 and Spain shall be those set out in the Annex.
1.    STM licences shall be requested for imports into Portugal from the other Member  States of products falling within:
-  one of the subheadings of the combined nomenclature, or
-one of the groups of subheadings of  the combined nomenclature given in the Annex.
2.    In derogation to Article 2 (2) of Regulation (EEC) No 574/86, the rights deriving from the  STM licence are not transferable.
In derogation to:
(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 specified by group number. 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 request;
(d)the third subparagraph of Article 6 (2) of Regulation (EEC) No 574/86, the obligation to use the  licence shall remain if the single 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 eggs and poultrymeat sector between  Member States or with third countries and who is entered in the official register of a Member  State. However, until 31 December 1991, these conditions do not apply to applicants established for  at least 12 months in the former territory of the German Democratic Republic.
2.    Licence applications shall be considered only if the applicant declares in writing that he  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 operator in any one  week shall, for each of the groups of products specified in the Annex, not exceed the following  guarantees:
-  Group 1: 20 tonnes,
-Group 2: 300  000 hatching eggs or 90  000 chicks,
-Group 3: 300  000 hatching eggs or 90  000 chicks,
-Group 4: 20 tonnes,
-Group 5: 20 tonnes.
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 for each of the groups of products specified in the  Annex as follows:
-  Group 1: ECU 3,5 per 100 kg eggs in shell,
-Group 2: ECU 0,5 per 100 hatching eggs or ECU 0,6 per 100 chicks,
-Group 3: ECU 2 per 100 hatching eggs or ECU 2,5 per 100 poults,
-Group 4: ECU 5 per 100 kg carcase weight or ECU 3,5 per 100 kg live weight,
-Group 5: ECU 5 per 100 kg carcase weight or ECU 3,5 per 100 kg live weight.
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 15 October each year of the forecast  production and consumption in 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.