Council Regulation (EEC) No 3770/85 of 20 December 1985 on stocks of agricultural products in Spain

COUNCIL REGULATION (EEC) N° 3770/85
of 20 December 1985
on stocks of agricultural products in Spain
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 91 (3)  thereof,
Having regard to the proposal from the Commission,
Whereas Article 86 of the Act of Accession provides that any stock of products in free circulation  in Spanish territory on 1 March 1986 which in quantity exceeds that which may be considered  representative of a normal carry-over stock must be eliminated by and at the expense of the Kingdom  of Spain;
Whereas, in the case of certain products, the level of any stocks need not be determined either for  reasons relating to the nature of such products of the common organization of the markets, or  because of the fact that no financing is provided by the European Agricultural Guidance and  Guarantee Fund;
Whereas, for reasons relating to the management of agricultural markets, care should be taken to  ensure that the elimination of the products referred to in Article 86 of the Act of Accession does  not lead to the creation of two parallel markets for the same products; whereas the aim laid down  in that Article may be achieved within the framework of financing measures;
Whereas the expression 'any stock of product' covers both public and private stocks;
Whereas criteria should be defined to enable the quantity considered as a normal carry-over stock  to be determined; whereas, to this end, account should be taken of the requirements of the Spanish  market for a period which may vary depending on the type of product;
Whereas, as a rule, the stocks to be eliminated at the expense of the Kingdom of Spain may be  determined from data already available or on the basis of estimates; whereas provision should  nevertheless be made for the possibility of a survey;
Whereas, pursuant to the second sentence of Article 86 of the Act of Accession, the concept of  normal carry-over stock shall be defined for each product on the basis of criteria and objectives  particular to each common organization of the market;
Whereas tobacco will be covered by Regulation (EEC) N° 3766/85 (1);
Whereas, pursuant to Article 2 (3) of the Treaty of Accession of Spain and Portugal, the  institutions of the Communities may adopt, before accession, the measures referred to in Article 91  of the Act of Accession, such measures entering into force subject to, and on the date of, the  entry into force of the said Treaty,