.No L 362/24 Official Journal of the European Communities 27.12.90 COUNCIL REGULATION (EEC) No 3651/90 of 11 December 1990 laying down general rules for applying the supplementary trade mechanism to trade in fresh fruit and vegetables between Portugal and the other Member States THE COUNCIL 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 234 (2) thereof, ' Having regard to the proposal from the Commission, Whereas Article 249 of the Act of Accession provided for the temporary application of the supplementary trade mechanism, hereinafter referred to as ‘the STM’, between the Community as constituted on 31 December 1985 and Portugal in order to forestall or, if necessary, react rapidly and appropriately to market disturbance; whereas pursuant to Article 286 (2) of the Act, Council Regulation (EEC) No 3659/90 on products subject to the supplementary trade mechanism during the second stage of Portuguese accession (1) laid down the list of products subject to transition by stages to which the mechanism is to apply from the beginning of the second stage and included certain fruit and vegetables therein; Whereas the joint declaration annexed to the Act states that, in their mutual trade in agricultural products, the new Member States are in principle, to apply, with respect to each other, the provisions and transitional mechanisms provided for .in the Act of Accession under the arrangements applicable to their respective trade with the Community as constituted on 31 December 1985; whereas this declaration was implemented by means of Council Regulation (EEC) No 3792/85 of 20 December 1985 laying down the arrangements applying to trade in agricultural products between Spain and Portugal (2), as last amended by Commission Regulation (EEC) No 3296/88 (3); whereas the supplementary trade mechanism is thereby applicable to trade between Spain and Portugal; : Whereas experience of the operation of the existing supplementary trade‘ mechanism and considerations (1) See page 38 of this Official Journal . (2) O] No L 367, 31. 12. 1985, p. 7. (3) O] No L 293, 27. 10. 1988, p. 7 pertaining to fruit and vegetables, namely short production periods, short sensitive periods and the nature of marketing structures in the country of consignment, indicate that a specific mechanism should be introduced for products covered by Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (4}, as last amended by Regulation (EEC) No 1193/90 (5); whereas this mechanism should apply only to the list of products drawn up pursuant to Article 286 (2) of Act of Accession; ‘ Whereas during non-sensitive periods for the Portuguese market action should be confined to statistical monitoring; whereas on the other hand, during periods considered sensitive, to be determined in principle before the beginning of the marketing year by application of defined criteria, entry into Portugal of products from the other Member States should be subject to presentation of an ‘STM licence’ issued in Portugal; Whereas the Commission should be able, during sensitive periods for the Portuguese market, to introduce a specific arrangement applicable to fruit and vegetables from non-member countries in order to prevent products from the other Member States being treated less favourably than those from such countries; whereas for imperative reasons of management .and surveillance the import document required under such an arrangement should be issued by the Portuguese authorities and be valid for release for free circulation in Portugal alone; whereas, likewise, if the Portuguese market is disturbed or threatened with disturbance suitable action should be taken, . HAS ADOPTED THIS REGULATION: Article 1 This Regulation lays down general rules for applying the STM to imports into Portugal from the Community as (4) O] No L 118, 20. 5. 1972, p. 1. (5) OJ No L 119, 11. 5. 1990, p. 43.