COMMISSION REGULATION (EC) No 2247/95 of 25 September 1995  laying down certain additional detailed rules for the application of the supplementary trade  mechanism (STM) to trade in fruit and vegetables between Spain and the Community, with the  exception of Portugal, as regards certain fruit and vegetables
THE COMMISSION OF  THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to the Act of Accession of Spain and Portugal,
Having regard to Council Regulation (EEC) No 3210/89 of 23 October 1989 laying down general rules  for applying the supplementary trade mechanism to fresh fruit and vegetables  (1), as amended by  Regulation (EEC) No 3818/92  (2), and in particular Article 9 thereof,
Whereas Commission Regulation (EEC) No 816/89  (3), as last amended by Regulation (EEC) No 997/95   (4), establishes the list of products subject to the supplementary trade mechanism in the fresh  fruit and vegetables sector from 1 January 1990; whereas tomatoes, artichokes and melons are  included in the list;
Whereas Commission Regulation (EEC) No 3944/89  (5), as last amended by Regulation (EEC) No 3308/91   (6), lays down detailed rules for applying the supplementary trade mechanism, hereinafter called  the 'STM`, to fresh fruit and vegetables;
Whereas Commission Regulation (EC) No 1369/95  (7) lays down that the periods referred to in  Article 2 of Regulation (EEC) No 3210/89 shall be up to 24 September 1995 for the above products;  whereas in view of expected exports from Spain to the rest of the Community, with the exception of  Portugal, and of the Community market situation, a period I should be fixed for the products in  question excepting tomatoes; whereas, on the basis of the abovementioned criteria a period II  should be determined for tomatoes from 2 October until 5 November 1995; whereas indicative ceilings  should be determined pursuant to Article 3 of Regulation (EEC) No 3210/89 for short periods given  the sensitivity of this product;
Whereas it should be stipulated that the provisions of Regulation (EEC) No 3944/89 relating to  statistical monitoring, to the use of exit documents for Spanish consignments and to the various  communications from the Member States apply in order to ensure that the STM operates;
Whereas the need for accurate information justifies communication on the statistical monitoring of  trade at more frequent intervals;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Management Committee for Fruit and Vegetables,
1.  For artichokes and melons falling within the CN codes listed in  the Annex hereto the periods provided for in Article 2 of Regulation (EEC) No 3210/89 shall be as  set out in that Annex.
2.  For tomatoes falling within CN codes 0702  00  35, 0702  00  40 and 0702  00  45:
-  the indicative ceilings provided for in Article 83 (1) of the Act of Accession, and -  the periods provided for in Article 2 of Regulation (EEC) No 3210/89 shall be as set out in the  Annex hereto.
1.  For consignments from Spain to the rest of the Community market, with the exception  of Portugal, of the products referred to in Article 1, the provisions of Regulation (EEC) No  3944/89, with the exception of Articles 5 and 7 thereof, shall apply.
However, the notification provided for in Article 2 (2) of that Regulation shall be made each  Tuesday at the latest in respect of quantities consigned during the preceding week.
2.  The notification provided for in the first paragraph of Article 9 of Regulation (EEC) No  3944/89 for products mentioned in Article 1 (2) subject to a period II or to a period III shall be  forwarded to the Commission on Tuesday each week at the latest in respect of the preceding week.
During the application of a period I, those notifications shall be made once a month, on the fifth  day of each month at the latest in respect of data from the preceding month; where appropriate,  that notification shall bear the word 'nil`.
This Regulation shall enter into force on 25 September 1995.
This Regulation shall be binding in its entirety and directly applicable in all  Member States.