No L 55/106 Official Journal of the European Communities 1. 3. 86 COUNCIL REGULATION (EEC) No 569/86 of 25 February 1986 laying down general rules for the application of the supplementary mechanism applicable to trade THE COUNCIL 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 Article 89 (1) and Article 234 (2) thereof, Having regard to the proposal from the Commission, Whereas Articles 81 and 249 of the Act of Accession provided for the introduction of a supplementary mechanism applicable to trade ; whereas the aim of that mechanism is to monitor the development of trade and to apply the requisite measures provided for in the Act; Whereas the additional guidelines agreed on at the conference contained directions relating to the way in which the said mechanism is to operate ; whereas those directions provided for the issuing of certificates or licences involving the provision of a security guaranteeing the completion of the transactions in respect of which applications were made for such certificates or licences ; Whereas the application of the supplementary trade mechanism must not result in Community products being treated less favourably than products from third countries ; Whereas the trend in imports from third countries should be monitored in the same way as the trend in Commu- nity imports ; Whereas where the deterioration on the market of the Community or of any one of its regions is due to imports from third countries, the measures to be taken in respect thereof are adopted pursuant to and in accordance with the mechanisms already provided for by the common organization of the markets; Whereas Article 81 (6) and Article 249 (3) provided for an annual report on the functioning of the mechanism during the previous year; whereas adaptations to this Regulation may be proposed on the basis of that report ; Whereas as regards trade between the Community as constituted at 31 December 1985 and Spain, products of the fruit and vegetable sector covered by Council Regula- tion (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (') as last amended by Regulation (EEC) No 3768/85 () shall, in () OJ No L 118, 20. 5. 1972, p. 1. () O] No L 362, 31. 12. 1985, p. 8. accordance with Article 81 (1) of the Act, not be subject to the mechanism until 1 January 1990 ; Whereas the provisions of Article 286 (2) of the Act concerning trade between the Community as constituted at 31 December 1985 and Portugal shall apply only as from the second stage, HAS ADOPTED THIS REGULATION : Article 1 1.  Where products from a Member State are subject to the supplementary mechanism applicable to trade, hereinafter referred to as ‘STM’, such products may be released for consumption in the importing Member State only on presentation of an STM certificate or licence. 2. STM certificates or licences shall be issued on appli- cation by any party, wherever his establishment is located in the Community. 3. STM cettificates or licences shall be issued subject to the provision of a security, guaranteeing compliance with the undertaking to release for consumption during the period of validity of the STM certificate or licence, which shall be wholly or partly forfeit if the transaction is not completed within that time or is only partly completed. 4. STM certificates or licences may be issued only by a Member State other than the Member State of entry for consumption. For the purpose of applying this paragraph, the Member States of the Community as constituted at 31 December 1985 shall be considered as a single Member State. Article 2 1.  Where products from a third country enter into free circulation in Spain and where such products are the same as those referred to in Article 84 (1) of the Act of Accession, the quantity thereof which may enter into free circulation in Spain may not exceed a quantity equivalent to that resulting from the application of Article 84 of that Act. 2. The quantities referred to in paragraph 1 shall constitute quantitative restrictions within the meaning of Article 3 (3).