No L 379/20 Official Journal of the European Communities 28. 12. 89 COMMISSION REGULATION (EEC) No 3944/89 of 20 December 1989 laying down detailed rules for applying the supplementary trade mechanism to fresh fruit and vegetables THE COMMISSION 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, Having regard to Council Regulation (EEC) No 3210/89 of 23 October 1989 laying down general rules for- applying the supplementary trade mechanism to fresh fruit and vegetables ('), and in. particular Article 9 thereof, Whereas Regulation (EEC) No 3210/89 lays down general rules for the application, as from 1 January 1990, of the supplementary trade mechanism provided fer in Article 81 of the Act of Accession to consigments, from Spain to the rest of the Community excluding Portugal of the fruit and vegetables listed in the Annex to Commission Regulation (EEC) No 816/89 (¥ ; whereas the dtailed rules relating in particular to the statistical monitoring mechanism, the issue of the exit document and the communications required for the proper administration of the system should be -adopted ; Whereas, to ensure that the mechanism -provided for by the Act of Accession fulfils its purpose, which is to avert risks of disturbance or, as necessary, to allow prompt-and appropriate action in response to market disturbances, statistical monitoring must be -based, throughout  the marketing year and for each of the products concerned, on systematic checking of the quantities consigned from Spain to the rest. of the Community; Whereas, with a- view to the same objective, the national exit document issued by the authorities of the country of export during periods II and III, when . the market situation is sensitive and very sensitive respectively, must . contain. the necessary particulars. and constitute an appropriate instrument with which to monitor precisely and reliably the rate.and trend of consignments of the Spanish products concerned ; whereas, during period III, in order to monitor consignments more closely and be in a better to control the trend thereof, provision should be made for the exit document to be issued on application and ‘within a specified time where ‘Article 6 of Regulation - (EEC) No 3210/89 is applied; Whereas, should it be decided to restrict the issue of exit documents on account of market disturbances, it is () OJ No L 312, 27. 10. 1989, p. 6. () OJ No L 86, 31. 3. 1989, p. 3. reasonable, in order to leave trade patterns undisturbed, to take account of traditional consignments from the Spanish ‘market ; whereas, furthermore, the criteria-to be applied for allocation the issue of exit documents within quantitative limits should be defined ; Whereas the content and frequency of the communi- cations to be sent by the Member States to the Commission- should be laid down in order to ensure the- - satisfactory administration of the supplementary trade mechanism ; Whereas the measures provided for in this Regulation are: in accordance with the opinion of the Management Committee for Fruit and Vegetables, HAS ADOPTED THIS REGULATION : Article 1 This Regulation applies to consignments from Spain to the rest of the Community excluding Portugal of the fruit and vegetable products listed in the Annex to Regulation (EEC) No 816/89 and subject to the supplementary- trade mechanism, hereinafter referred to as the ‘STM’, from 1 January 1990 onwards. Article 2 1.  Consignments of products as referred to in Article 1 shall be subject to a statistical monitoring system set up by the Spanish authorities. Such monitoring shall be based on systematic checking of the quantities consigned. 2. The Spanish authorities shall notify the. Commission periodically; in respect of each of the products concerned; of the quantities consigned to the rest of the Community excluding Portugal, specifying the probable destinations. The frequency of such notification shall be laid down for each product -and may vary according to the periods defined in Article 2 of Regulation (EEC) No 3210/89. The figures shall be communicated at least once a month and - not later than the fifth day of the month for products consigned in the preceding month. Article 3~ 1.  During periods II and III, consignments from Spain shall be subject to the presentation of a specific exit document, the ‘Documento de salida’, issued on application from the exporter by the authorized bodies listed in the Annex hereto.