COMMISSION REGULATION (EEC) No 3820/90
of 19 December 1990
laying down  detailed rules for the application of the compensation mechanism to imports of fruit and vegetables  from Spain and 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,
Having regard to Council Regulation (EEC) No 3709/89 of 4 December 1989 laying down general rules  for implementing the Act of Accession as regards the compensation mechanism on imports of fruit and  vegetables originating in Spain  (1), and in particular Article 4  (1) thereof,
Having regard to Council Regulation (EEC) No 3648/90 of 11 December 1990 laying down general rules  for implementing the Act of Accession as regards the compensation mechanism on imports of fruit and  vegetables originating in Portugal  (2), and in particular Article 4  (1) thereof,
Whereas Commission Regulation (EEC) No 3815/89  (3) has laid down detailed rules for the  application of the compensation mechanism to imports of fruit and vegetables from Spain; whereas it  is convenient to lay down in a single Regulation the detailed rules for the application of the  abovementioned mechanisms of compensation introduced by Articles 152 and 318 of the Act of  Accession; whereas detailed rules should be laid down for recording and forwarding prices of  products in the Community of Ten, Spain and Portugal, which is required for the operation of the  compensation mechanism;
Whereas the data which are already forwarded by the Member States to the Commission under  Commission Regulation (EEC) No 2118/74 of 9 August 1974 laying down detailed rules for the  application of the system of reference prices for fruit and vegetables  (4), as last amended by  Regulation (EEC) No 3811/85  (5), should be used as far as possible;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Management Committee for Fruit and Vegetables,
1.    The prices to be used for fixing  the Community offer price referred to in Article 152  (2)  (a) and Article 318  (1)  (a) of the Act  of Accession shall be the prices defined in Article 1  (1) of Regulation (EEC) No 2118/74 and  forwarded by the Member States of the Community of Ten pursuant to Article 2 of that Regulation.
2.    The amount to be added for transport costs to the arithmetic average of the producer prices  in each Member State of the Community of Ten shall be calculated on a flat-rate basis by each  product each year when the Community offer price is fixed.
1.    The prices to be used  calculating the offer prices for Spanish and Portuguese products referred to in Article 152  (2)   (b) and Article 318  (1)  (b) of the Act of Accession shall be the prices for those products as  defined in Article 3  (1) of Regulation (EEC) No 2118/74 and recorded in the Member States of the  Community of Ten.
2.  The prices for the Spanish and Portuguese products shall be recorded and calculated in  accordance with the provisions of Article 5 of Regulation (EEC) No 2118/74.
Each marketing day and in respect of each product, the Member States of the Community of Ten shall  forward to the Commission those prices under the conditions laid down in Article 6  (a) of the same  Regulation.
At the same time they shall forward:
-  insofar as possible, the abovementioned prices multiplied by the coefficients in force,
-the items laid down in Article 6  (b) of that Regulation, account being taken of the provisions of  Article 152  (2)  (c) and Article 318  (1)  (c) of the Act of Accession,
-the date laid down in Article 6  (d), (e), (f) and (g) of that Regulation.
The  information referred to in Article 2 shall be forward no later than the day following the marketing  day to which it relates.
Regulation (EEC) No 3815/89 is hereby repealed.
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.