31.12.90 Official Journal of the European Communities - No L 370/121 COUNCIL REGULATION (EEC) No 3834/90 of 20 December 1990 reducing for 1991 the levies on certain agricultural products originating in developing countries THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof, Having regard to the Act of Accession of Spain and Portugal, and in particular Articles 89 (2) and 234 (3) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parlia- ment (1), ' , Whereas Hungary, Poland and Czechoslovakia have seen their economic situation decline to the point where they face similar problems to those countries to which the generalized preferences have applied in the . past; whereas they should therefore benefit, on a transi- tional basis, from the system of generalized preferences in order to increase their export earnings with a view to stimulating their economic development, to promote their industrialization and to accelerate their rate of growth; Whereas, on 8 November 1990, the Commission recom- mended to the Council that it authorize it to negotiate European Agreements with those three countries pro- viding for the progressive establishment of a free-trade area; whereas, this being the case, those countries should benefit from the generalized preferential _arrangements in 1991 until tariff concessions are granted under those Agreements; Whereas the economic situation of Bulgaria is similar to that of the three aforementioned countries; whereas it should therefore also benefit from the preferential arrangements in 1991; ’ Whereas the situation in Romania justifies treatment identical to that granted to the four countries referred to above; whereas equivalent preferential arrangements should consequently be established for that country in 1991; Whereas it is appropriate to add to the list of benefici- ary countries Mongolia, at the request of that country, and Namibia, which has gained its independence; Whereas, in view of the situation on agricultural mar- kets both inside and outside the Community and tak- ing account of the Community’s interest in maintaining (!) Opinion delivered on 18/19 December (not yet published in the Official Journal). harmonious relations in agricultural trade with devel- oping countries, in particular in the context of the sys- tem of generalized preferences, adjustments should be made to certain specific aspects of the common organi- zations of the agricultural markets; Whereas to this end a preference should be granted consisting, according to the product concerned, in a reduction of the import levy within the limits of a fixed quota; Whereas the temporary and non-binding nature of the system of generalized preferences means that the offer may be withdrawn wholly or in part at a later stage, thus maintaining the possibility of remedying any unfavourable sityations which might arise, including in the African, Caribbean and Pacific States (ACP States) following the implementation of the system; ’ i Whereas, since 1 March 1986, the Kingdom of Spain and the Portuguese Republic have been applying the Community system of generalized preferences; whereas the levies applied on the import into those Member States of products subject to a common organization of the market shall be established in accordance with cer- tain provisions of the Act of Accession; Whereas it is expedient that the Community should authorize the importation of the products referred to in the Annex, originating in the countries and territories benefiting from the Community generalized system of preferences, subject to the levies given in respect of each of them; whereas the benefit of such preferential terms should be reserved for products originating in the countries and territories under consideration, the con- cept of ‘originating products’ being adopted in accord- ance with Regulation (EEC) No 693/88 (2); Whereas the Republic of Korea does not treat the Com- munity on an equal footing with other trade partners and whereas it has taken discriminatory measures in respect of the Community in the sphere of the protec- tion of intellectual property; whereas therefore it is inappropriate that the Republic of Korea should bene- fit from the system of generalized tariff preferences as long as this practice continues; Whereas all interested Community traders should be ensured equal and continuous access to the said fixed: amount and the rate of the levy laid down for that final (®» OJNoL77,22.3.1988,p. 1.