27.12. 90 Official Journal of the European Communities No L 362/19 COUNCIL REGULATION (EEC) No 3649/90 of 11 December 1990 laying down general rules for the mechanism for the protection of the Portuguese market in fruit and vegetables provnded for in Article 318 (2) of the Act of Accession of Spain and Portugal 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 318 (2) of the Act of Accession lays down that, should the Portuguese market be disturbed as a result of imports from the Community as constituted at 31 December 1985, appropriate measures may be adopted during the second stage of the transition period with regard to those fruit and vegetables for which a reference price is fixed; 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 at 31 December 1985; whereas Council Regulation (EEC) No 3792/85 of 20 December 1985 laying down the arrangements applying to trade in agricultural products between Spain and Portugal (1), as last amended by Commission Regulation (EEC) No 3296/88 (2), did not provide for the application of the mechanism in question; whereas it is appropriate that such a mechanism be applied in the context of this Regulation; Whereas the abovementioned appropriate measures should consist of a mechanism for the protection of the Portuguese market in the products in question, to be introduced by the Commission in the event of disruption of that market; Whereas, for the purposes of definition, the protection mechanism should incorporate, in simplified form in view of their exceptional nature, the provisions of the system of reference prices introduced by Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization (1) OJ No L 367, 31. 12. 1985, p. 7. (2) O] No L 293, 27. 10. 1988, p. 7.- of the market in fruit and vegetables (3), as last amended - by Regulation (EEC) No 1193/90(%); whereas a representative price for the Portuguese market should therefore be fixed and a corrective amount, over and above the customs duty, should be levied where the price on entry into Portugal of products from the other Member States is below the representative price; Whereas, to enable this mechanism to be implemented rapidly and to facilitate administration thereof, it should be laid down that Portugal is to fix the representative price and the corrective amounts in accordance with the method set out in this Regulation; HAS ADOPTED THIS REGULATION: 4 Article 1 1. . If, during the second stage of the transition period, the Portuguese market is disrupted by imports from the other Member States, the Commission, acting at the request of Portugal and in accordance with the procedure laid down in Article 33 of Regulation (EEC) No 1035/72, may introduce a mechanism for the protection of the Portuguese market from imports from the other Member States of fruit and vegetables for which a reference price is fixed with respect to third countries. 2. The decision referred to in paragraph 1 shall determine the period of application of the mechanism and the products to which it applies. 3. The mechanism shall be based on a comparison of a Portuguese representative price, fixed in accordance with Article 2, and a price on entry into Portugal, calculated in accordance with Article 3. It shall be governed by the provisions of Articles 4 and 5. Article 2 1. The Portuguese representative price shall be fixed by Portugal. It shall be calculated: (3) OJ No L 118, 20. 5. 1972, p. 1. (%) O] No L 119, 11. 5. 1990, p. 43.