COMMISSION  REGULATION (EEC) No 3816/90
of 19 December 1990
laying down detailed rules for the application of  the supplementary trade mechanism for certain products in the pigmeat sector 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 Community,
Having regard to the Act of Accession of Spain and Portugal, and in particular Article 251 (1)  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), and in  particular Article 13 thereof, as amended by Regulation 3296/88,
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 specifies that the imports from Spain  of these products are submitted to the STM according to Articles 249 to 252 of the Act of  Accession;
Whereas the indicative ceilings on imports into Portugal of certain products of the pigmeat sector  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 of in  particular 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 pigmeat sector 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 26 February 1986 laying down detailed rules for the  application of the STM  (7), as last amended by Regulation (EEC) No 3296/88;
Whereas the pigmeat management committee has not delivered its opinion within the time limit set by  its chairman,
The indicative ceilings relating to  certain products in the pigmeat sector 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 for 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 (1) 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 quantitiy 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 pigmeat 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 twelve  months in the territory of the former 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 300 head for live  animals or 40 tonnes for meat or meat products.
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 4 per animal in the case of live swine,
and
-ECU 5 per 100 kg for all other products set out in the Annex.
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 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.