No L 387/12 Official Journal of the European Communities 31. 12. 92 COUNCIL REGULATION (EEC) No 3817/92 of 28 December 1992 laying down general rules for applying the supplementary trade mechanism to imports into Spain of products other than fruit and vegetables 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 Article 89 (1) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parli- ament (!), Whereas Regulation (EEC) No 569/86 (%) lays down general rules for the application of the supplementary mechanism applicable to trade; Whereas, under that Regulation, trade is monitored at the border by means of a system of licences; whereas the realization of a single market without internal borders on 1 January 1993, of which Spain will form a major integral part, calls for the institution of a new system of monito- ring carried out in the countries of destination ; Whereas the obligation to indicate the number of the supplementary trade mechanism (STM) licence used on commercial documents covering products from other Member States to Spain, together with application in that country of on-the-spot checks and of other measures that it may deem appropriate and also of deterrent penalties where the provisions laid down are not complied with, will permit the STM to function properly; whereas on-the-spot checks will in particular be facilitated by the information on origin or provenance that, in accordance with the Community provisions, must appear on products subject to the STM or on packaging thereof ; whereas the cooperation of consigning Member States will also contri- bute to the effectiveness of the arrangements ; Whereas, to cover cases of serious disturbance of markets persisting despite the application of the measures provided for in Article 85 (2) and (3) of the Act of Acces- sion, provision should be made for the application of additional measures that may, where appropriate for local or regional markets, derogate from the provisions on the common organization of the relevant market ; Whereas in view of the foregoing, amendments should be made with regard to Spain to the arrangements provided (") Opinion delivered on 18 December 1992 (not yet published in the Official Journal). (® OJ No L 55, 1. 3. 1986, p. 106. Regulation as last amended by Regulation (EEC) No 3296/88 (O] No L 293, 27. 10. 1988, p. 7). ' . for in Regulation (EEC) No 569/86 and the latter should be replaced by a new Regulation ; whereas, for reasons of clarity, it is appropriate on this occasion to provide, for Spain, arrangements which are independent of those provided for by the abovementioned Regulation and which take into account also the changes made, since 1986, in the administration of the supplementary trade mechanism and the fact that, following the reduction in the list of products covered by the said mechanism and the application of specific rules in the fruit and vegetables sector, the said arrangements will henceforth be appli- cable for the protection of the Spanish market only, HAS ADOPTED THIS REGULATION : TITLE I Management of the STM Article 1 1. Products, other than those covered by Regulation (EEC) No 1035/72 (3, from another Member State that are subject, as regards importation into Spain, to the supple- mentary trade mechanism (hereinafter referred to as the ‘STM’), may move within Spain and be released for consumption in that Member State only on presentation of an STM licence. The provisions of the first subparagraph, as far as move- ment within Spain is concerned, shall not apply if the holder of the products can prove they are not intended for the Spanish market. 2.  STM licences shall be issued on application to any party, irrespective of his place of establishment in the Community. 3. The issue of STM licences may be subject to the provision of a security guaranteeing compliance with the undertaking to enter the goods for consumption during the term of validity of the STM licence. The security shall be wholly or partly forfeit if the operation is not completed within that time or is only partly completed. 4. STM licences may only be issued by a Member State other than the Member State of entry for consumption. () OJ No L 118, 20. 5. 1972, p. 1. Regulation as last amended by Regulation (EEC) No 1754/92 (O] No L 180, 1. 7. 1992, p. 23).