29. 12. 90 Official Journal of the European Communities No L 366/15 COMMISSION REGULATION (EEC) No 3812/90 of 19 December 1990 laying down detailed rules for thé application of the supplementary trade mechanism to milk products imported into Portugal from the Community of Ten and Spain THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty cstabhshlng the European Economic Community, Having regard to the Act of Accession of Spain and Portugal, and in particular Article 251 thereof, Having regard to Council Regulation (EEC) No 3792/85 laying down the arrangements applying to trade in agricultural products between Spain and Porwgal (), and in particular Article 13 thereof, Having regard to Council Regulation (EEC) No 3577/90 of 4 December 1990 on transitional measures and ad)ustments rcqmred in the agrléultural sector as a result of the integration of the territory of the former German Democratic Republic into the Community ), and in particular Article 3 thereof, Having regard to Council Regulation (EEC) No 569/86 laying down general rules for the application of the supplementary mechanism applicable to trade (°), as last amended by Regulation (EEC) No 1637/90 (%), and in particular Article 7 (1) thereof, Whereas Council Regulation (EEC) No 3659/90 of 11 December 1990 on the products subject to the supplementary trade mechanism during the second stage (*) provides that the said mechanism should apply from 1 January 1991 to 31 December 1995 to the milk products listed in the Annex thereto; whereas, in addition, Commission Regulation (EEC) No 574/86 (%), as last amended by Regulation (EEC) No 4026/89 ('), laid down the detailed rules for the application of the supplementary trade mechanism for all agricultural sectors; whereas the specific provisions relating to the milk and milk products concerned and delivered to Portugal should be laid down; Whereas provision should be made for indicative ceilings on imports into Portugal from the Community of Ten (") OJ No L 367, 31. 12. 1985, p. 7. () OJ No L 353, 17. 12. 1990, p. 23. () OJ No L 55, 1. 3. 1986, p. 106. () OJ No L 153, 19. 6. 1990, p. 24. () OJ No L 362, 27. 12. 1990, p. 38. (9 O] No L 57, 1. 3. 1986, p. 1. () OJ No L 382, 30. 12. 1989, p. 62. during 1991, ﬁxed on the basis of forward estimate and timetable; whereas, for practical management reasons, such ceilings should be fixed not by marketing year but by calendar year; whereas a derogation should be made from Article 15 of Commission Regulation (EEC) No 3719/88 (*), as last amended by Regulation (EEC) No 1599/90 (°), and from Article 6 (2) of Regulation (EEC) No 574/86 as regards the application for and issue of STM licences, their period of validity and the amount of the securities differentiated by product in order to ensure that the system functions smoothly; Whereas under Article 5(2) of Regulation (EEC) No 3792/85 the supplementary trade mechanism for imports from the Community into Portugal applies automatically to imports from Spain; whereas it is agreed to be taken into consideration when fixing the ceilings; Whereas Community traders may export cheese to Portugal only under cerain restrictive conditions, concerning in particular the length of time .they have been practising their trade; wheres this rule should be derogated from for 1991 to the benefit of traders located in the territory of the former German Democratic Republic in order to allow them to export cheese to Portugal; ¢ Whereas the Management Committee for Milk and Milk Products has not delivered an opinion within thc time limit set by its chairman, : HAS ADOPTED THIS REGULATION: Article 1 1. The indicative ceilings for the period from 1 January to 31 December 1991 shall be those laid down in the Annex hereto. 2. For the purposes of fixing and applying indicative ceilings, the marketing year shall correspond to the calendar year. Article 2 1. The maximum quantity for which licences may be ‘issued in any quarter shall be 25 % of the quantities shown in the Annex. 2. Applications for STM licences for cheeses must indicate the type concerned for each quantity. (" OJ No L 331, 2. 12. 1988, p. 1. (") OJ No L 151, 15. 6. 1990, p. 29.