CELEX: 31985R3766
Language: en
Date: 1985-12-20 00:00:00
Title: Council Regulation (EEC) No 3766/85 of 20 December 1985 on the disposal by the Kingdom of Spain of the raw tobacco stored in that country from harvests prior to accession

31 . 12 . 85                              Official Journal of the European Communities                                    No L 362 / 1
                                                                   I
                                                (Acts whose publication is obligatory)
                                          COUNCIL REGULATION (EEC) No 3766 / 85
                                                        of 20 December 1985
                  on the disposal by the Kingdom of Spain of the raw tobacco stored in that country from harvests
                                                          prior to accession
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                               y Fermentaci6n del Tabaco , as the case may be; whereas the
                                                                       Spanish authorities have made a survey of stocks from
                                                                       harvests prior to the 1985 harvest; whereas it is at present
Having regard to the Treaty establishing the European                  possible to do no more than estimate stocks from the 1985
Economic Community,                                                    harvest;
Having regard to the Act of Accession of Spain and Portugal ,         Whereas these stocks may be disposed of in accordance with
and in particular Article 91 thereof,                                 Spanish legislation , subject fo- provisions allowing the
                                                                      Commission to maintain the balance of the Community
                                                                       market;
Having regard to the proposal from the Commission,
Whereas pursuant to Article 86 of the Act of Accession, any            Whereas, having regard to the large stocks to be disposed of,
stock of products in free circulation in Spanish territory on          it should be laid down that the quantities which have been
1 March 1986 which in quantity exceeds what may be                     bought in or are held by Tabacalera and the Servicio
considered representative of a normal carry-over stock must,           Nacional de Cultivo y Fermentaci6n del Tabaco which may
under Community procedures to be specified and within                  be put up for sale during a given period may not exceed a
time-limits to be determined under the conditions provided             certain limit; whereas, for those reasons it seems appropriate
for in Article 91 of that Act, be eliminated by and at the             to fix a five-year period for the disposal of these stocks , to
expense of the Kingdom of Spain; whereas the concept of                begin as from accession ;
normal carry-over stock is defined for each product on the
basis of criteria and objectives particular to each common
organization of the market;                                           Whereas only tobacco which meets the minimum quality
                                                                       requirements for disposal will be eligible ; whereas some of
                                                                       the tobacco stored in Spain will , because of its
Whereas some of the tobacco grown in Spain is of a variety or          characteristics , fail to attract a buyer; whereas accordingly
quality for which there is, generally speaking, no market              provision should be made for the Kingdom of Spain
demand; whereas some tobaccos which cannot be disposed                 physically to destroy the tobacco in such cases ;
of have, in quantities which vary according to the harvest and
variety, been bought in or held in storage by the Spanish State
monopoly for several years; whereas , accordingly, since               Whereas pursuant to Article 2 ( 3 ) of the Treaty of Accession
those quantities are not used for the purposes of regulating           of Spain and Portugal , the institutions of the Community
the market , and since the concept of normal carry-over stock          may adopt before accession the measures referred to in
does not correspond to the conditions of operation of the              Article 91 of the Act of Accession , these measures entering
common organization of the market , any tobacco which was              into force only subject to and on the date of entry into force of
harvested prior to the accession and which is stored in Spain          that Treaty ,
should be eliminated by and at the expense of that
country ;
Whereas the first harvest subject to the common organization          HAS ADOPTED THIS REGULATION :
of the market is the 1986 harvest;
                                                                                                    Article 1
Whereas the tobacco stocks withdrawn from the market
which are at present in storage in Spain have been bought in          This Regulation lays down general rules for applying Article
or are held by Tabacalera or the Servicio Nacional de Cultivo         86 of the Act of Accession .
 ---pagebreak--- No L 362 / 2                            Official Journal of the European Communities                                    31 . 12 . 85
                           Article 2                               3.     Not more than one quarter of the quantities referred to
                                                                   in the Annex shall be disposed of in any one year.
1.    This Regulation applies to raw tobacco falling within
heading No 24.01 of the Common Customs Tariff which:               4.     The stocks shall be disposed of on the markets of third
                                                                   countries. However, the Commission shall determine each
— originates in Spain,
                                                                   year, on the basis of all the information at its disposal and of
— was harvested from 1971 to 1985 and has been bought in           the information supplied by the Kingdom of Spain , in
    or is held by Tabacalera or the Servicio Nacional de           accordance with the procedure laid down in Article 4 ,
    Cultivo y Fermentaci6n del Tabaco.                             whether the stocks to be disposed of for the year in question
                                                                   may be placed on the Community market and, if so, the
                                                                   quantities and varieties thereof.
2.    For the purposes of this Regulation, the Kingdom of
Spain shall notify the Commission , not later than 31 July         5 . The Spanish authorities may decide to destroy all or
1986 , of the quantities of tobacco from the 1985 harvest          part of the quantities to be disposed of. The quantities
bought in or held by Tabacalera or the Servicio Nacional de        destroyed may exceed those obtained by applying the
Cultivo y Fermentacion del Tabaco , broken down by variety,        percentage laid down in paragraph 3 .
and the date of the last withdrawal of tabacco by the agency
concerned .
                                                                   6 . Every six months the Kingdom of Spain shall notify the
                                                                   Commission of the quantities disposed of, their destinations
3.    The date relating to the stock from harvests prior . to      and the prices obtained . When providing this information the
1985 and the estimates for the 1985 harvest are specified in       Kingdom of Spain shall , in cases where it has destroyed
the Annex.                                                         tobacco , state the quantity and varieties concerned and the
                                                                   year in which they were harvested .
                           Article 3                                                             Article 4
1.    The disposal of the stocks referred to in Article 2 shall    The detailed rules for the application of this Regulation shall
be effected in accordance with Spanish legislation , and in        be adopted in accordance with the procedure laid down in
compliance with this Regulation.                                   Article 17 of Regulation (EEC) No 727 / 70 of 21 April 1970
                                                                   on the common organization of the market in raw
                                                                   tobacco (*).
Disposal shall be managed in such a way that no disturbance
of the Community market takes place.
                                                                                                 Article 5
2.    The stocks referred to in Article 2 and belonging to
Tabacalera and the Servicio Nacional de Cultivo y                  Subject to the entry into force of the Act of Accession of Spain
Fermentaci6n del Tabaco on 31 December 1985 shall be               and Portugal , this Regulation shall enter into force on
disposed of before 1 January 1991 .                                1 January 1986 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels , 20 December 1985 .
                                                                                    For the Council
                                                                                      The President
                                                                                     R. STEICHEN
                                                                    (') OJ No L 94 , 28 . 4 . 1970 , p. 1 .
 ---pagebreak--- 31 . 12 . 85                                Official Journal of the European Communities                                  No L 362 / 3
                                                                 ANNEX
             Stocks of tobacco held by Tabacalera SA and the Servicio National de Cultivo y de Fermentación del Tabaco
                                                                (SNCFT)
                                                                                                                 (tonnes)
                                                                                  Baled tobacco
                            Harvest, variety
                                                              SNCFT stocks    Tabacalera SA stocks        Total
             Harvest 1971
                Santafe                                             —
                                                                                         44,5               44,5
                                                   Total            —
                                                                                         44,5               44,5
             Harvest 1973
                Santafe                                             —
                                                                                         44,6               44,6
                                                   Total            —
                                                                                         44,6               44,6
             Harvest 1974                                                    \
                Santafe                                             103,9                72,4              176,3
                                                   Total            103,9                72,4              176,3
             Harvest 1975
                Santafe                                             581,2              281,8               863,0
                Havana                                                2,5                                     2,5
                                                   Total            583,7              281,8               865,5
             Harvest 1976
                Santafe                                           2 033,7                35,6            2 069,3
                Burley fermentable                                                     169,5               169,5
                                                   Total          2 033,7              205,1             2 238,8
             Harvest 1977
                Santafe                                             265,5              262,0               527,5
                Havana                                              132.1                                  132,1
                Burley fermentable                                  594.2              341,6               935,8
                                                   Total            991,8              603,6             1 595,4
             Harvest 1978
                Havana                                              228,3                                  228.3
                Burley fermentable                                  327,3  "           283,1               610.4
                                                   Total            555,6              283,1               838,7
             Harvest 1979
                Santafe                                                                  24,5               24,5
                Havana                                              379,9                 2,1              382,0
                Burley fermentable                                3 189,1            2 128,3             5 317,4
                                                   Total          3 569,0            2 154,9             5 723,9
             Harvest 1980
                Havana                                              439,8              128,0               567,8
                Burley fermentable                                6 962,0            3 055,1            10 017,1
                                                   Total          7 401,8            3 183,1            10 584,9
             Harvest 1981
                Santafe                                               2,8                57,8               60,6
                Havana                                               35,2              259,8               295,0
                Burley fermentable                                1 260,7          10 334,9             11 595,6
                                                   Total          1 298,7          10 652,5             11 951,2
 ---pagebreak--- No L 362 / 4                                Official Journal of the European Communities                            31 . 12 . 85
                                                                                                           (tonnes)
                                                                                 Baled tobacco
                            Harvest, variety
                                                              SNCFT stocks    Tabacalera SA stocks   Total
             Harvest 1982
                Santafé                                                               148,4           148,4
                Havana                                                                  29,5           29,5
                Burley fermentable                                 1 405,1          9 846,8        11 251,9
                                                   Total         ' 1 405,1         10 024,7        11 429,8
             Harvest 1983
              . Santafe                                                               579,0           579,0
                Havana                                                                510,0           510,0
                Burley fermentable                                 5 658,1          1 100,6         6 758,7
                                                   Total           5 658,1          2 189,6         7 847,7
             Harvest 1984
                Santafé                                                               571,9           571,9
                Havana                                                                653,8           653,8
                Burley fermentable                                   190,3         16 883,5        17 073,8
                                                   Total             190,3         18 109,2        18 299,5
             Harvest 198S
                Santafe                                                               714,0           714,0
                Havana                                               —
                                                                                      692,0           692,0
                Burley fermentable                                                 13 638,0        13 638,0
                                                   Total             —
                                                                                   15 044,0        15 044,0