1. 3. 86 Official Journal of the European Communities No L 55/47 COMMISSION REGULATION (EEC) No 546/86 of 27 February 1986 laying down detailed rules for applying the supplement#ry trade mechanism to fishery products 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, and in particular Articles 174 and 361 thereof, Whereas the Act of Accession introduced a supplemen- tary trade mechanism applicable to imports of certain products into the new Member States and laid down the general rules therefor, particularly as regards deter- mination of the annual intra-Community share in such imports ; Whereas this mechanism is intended to ensure that the markets of the new Member States concerned are gradu- ally opened up to imports from other Member States .of the Community ; whereas the estimated level of imports determined for a given marketing year must not thereby be lower than for the preceding marketing year; Whereas, to enable the quantities imported under the supplementary trade mechanism to be managed in line with market conditions the intra-Community share should be divided into quarterly instalments, which may be reviewed if necessary; Whereas the grant of a licence by each of the new impor- ting Member States prior to any importation into its terri- tory should facilitate monitoring of the imports concerned ; whereas, to take account of the experience acquired by the new Member States in managing a system of import licences for fishery products, those States should be allowed to lay down certain administrative procedures relating to the issue of such licences ; Whereas the conditions for implementing the appropriate measures limiting or suspending imports provided for in Articles 174 (4) and 361 (4) of the Act of Accession should be defined ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fishery Products, HAS ADOPTED THIS REGULATION : Article 1 This Regulation lays down detailed rules for applying the supplementary trade mechanism referred to in Articles 174 and 361 of the Act of Accession of Spain and Portugal, hereinafter referred to as the ‘Act of Accession’. Article 2 1. Before 31 December each year the Commission shall establish, in accordance with the procedure laid down in Article 33 of Regulation (EEC) No 3796/81, for the whole of the next marketing year and for each of the new Member States, an overall forward supply estimate for each of the products referred to in Articles 174 (1) and (2) and 361 (1) and (2) of the Act of Accession. This estimate shall be established by defining an estimated overall level of imports on the basis of the average level of imports of the product in question into Spain and Portugal over the last three years for which statistics are available. The esti- mated overall level of imports shall include an intra- Community share as defined in paragraph 3 and a remainder determined, if appropriate, at the time of the annual fixing of the quantitative restrictions referred to in Council Regulation (EEC) No 360/86 (). 2. For the products referred to in Articles 174 (1) and 361 (1) of the Act of Accession, when the overall level of imports is established, a distinction shall be made in each case between imports from the other Member States and imports from third countries. For the products referred to in Articles 174 (2) and 361 (2) of the Act of Accession, when the overall level of imports is established, a distinction shall be made in each case between imports from the other acceding country and imports from all other sources, including the Member States of the Community as constitued on 31 December 1985. 3. Imports from the other Member States as referred to in the first subparagraph of paragraph 2, and imports from the other acceding country as referred to in the second subparagraph 2 shall be increased by 15 % at the time of each annual determination. They shall constitute or be considered as the intra-Community share of the overall level of imports referred to in the second subpara- graph of paragraph 1. The intra-Community share determined for a given marketing year may in no case be below the level applied in the preceding year. Article 3 1. The intra-Community share defined in Article 2 shall be divided, when it is being determined, into four quarterly instalments shose volume may be reviewed, if necessary, in the course of the marketing year. () OJ No L 43, 20. 2. 1986, p. 8.