31990R3695

20 . 12. 90 Official Journal of the European Communities No L 357/37

COMMISSION REGULATION (EEC) No 3695/90 of 19 December 1990 fixing the target ceiling for imports of olive oil into Portugal for the period 26 November to 31 December 1990

THE COMMISSION OF THE EUROPEAN COMMUNITIES, detailed rules for the application of that mechanism should be laid down for the period 26 November to 31 December 1990, the better to organize imports into that Having regard to the Treaty establishing the European country ; Economic Community,

Whereas the measures provided for in this Regulation are Having regard to the Act of Accession of Spain and in accordance with the opinion of the Management Portugal, and in particular Article 251 thereof, Committee for Oils and Fats,

Having regard to Council Regulation (EEC) No 569/86 of 25 February 1986 laying down general rules for the appli­ cation of the supplementary mechanism applicable to trade ('), as last amended by Regulation (EEC) No HAS ADOPTED THIS REGULATION : 3296/88 (2), and in particular Article 7 (1 ) thereof,

Whereas Article 249 of the Act of Accession provides that Article 1 the supplementary trade mechanism (STM) is to apply to olive oil ; whereas Article 251 of that Act provides that a forward estimate is to be drawn up, as a general rule at the The target ceiling for imports into Portugal of olive oil start of each marketing year, of production and consump­ falling within CN codes 1509 and 1510 00 from the other tion of olive oil in Portugal ; whereas the target ceiling Member States is hereby fixed at 3 000 tonnes for the fixed is based on the estimate thus drawn up ; period 26 November to 31 December 1990.

Whereas Council Regulation (EEC) No 3501 /90 (3) If applications for STM licences relate to quantities exceeding that indicated above, the Commission shall removed olive oil from the list of products subject to the authorize the Member States concerned to issue licences STM in Portugal ; whereas the target ceiling for imports in proportion to the quantity available. during December 1 990 should therefore be fixed ;

Whereas, with a view to ensuring minimum supply to the greatest number of operators to satisfy their immediate Article 2 requirements, it should be provided that each operator may submit tenders in respect of a minimum quantity Applications for STM licences shall be admissible only if only ; whereas, with a view to preventing this provision they are submitted by a natural or legal person con­ from being circumvented in any way and consequently to ducting an activity in the olive oil sector and entered by preventing a small number of operators from monopol­ virtue of such activity at 31 October 1990 in a public izing the quantities put up for sale, it should be provided registry of a Member State. that only recognized operators may be allocated quantities to be exported ; In addition, tenderers may submit applications in respect of a maximum of 500 tonnes only. Whereas Commission Regulation (EEC) No 574/86 (4), as last amended by Regulation (EEC) No 3296/88, lays down Licences shall not be valid after 31 December 1990 . the detailed rules for the application of the supplementary mechanism applicable to trade for all agricultural sectors ; whereas certain detailed rules applying specifically to the Notwithstanding Article 2 (2) of Regulation (EEC) No oils and fats sector were laid down by Regulation (EEC) 574/86, rights arising from an STM licence shall not be No 1634/86 (*), as last amended by Regulation (EEC) No transferable during the term of validity of that licence. 2439/89 (6) ; whereas, in view of the current situation on the market for olive oil in Portugal, certain special

Article 3 (') OJ No L 55, 1 . 3. 1986, p. 106. (2) OJ No L 293, 27. 10. 1988, p. 7. (3) OJ No L 338, 5. 12. 1990 , p. 7. This Regulation shall enter into force on the day of its 0 OJ No L 57, 1 . 3. 1986, p. 1 . Is) OJ No L 144, 29. 5. 1986, p. 20. publication in the Official Journal of the European (6) OJ No L 231 , 9 . 8. 1989, p. 5. Communities.

No L 357/38 Official Journal of the European Communities 20 . 12. 90

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 19 December 1990 .

For the Commission Ray MAC SHARRY Member of the Commission