Council Regulation (EEC) No 3771/85 of 20 December 1985 on stocks of agricultural products in Portugal

COUNCIL REGULATION (EEC) N° 3771/85
of 20 December 1985
on stocks of  agricultural products in Portugal
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 258 (3)  thereof,
Having regard to the proposal from the Commission,
Whereas Article 254 of the Act of Accession provides that any stock of products in free circulation  in Portuguese 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  Portuguese Republic;
Whereas Article 254 of the Act of Accession does not apply to products subject to transition in  stages until the date on which the second stage commences;
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 or 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 as referred to in Article 254 of the Act of Accession  does not lead to the creation of two parallel markets for the same product; 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  Portuguese 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 Portuguese Republic 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 254 of the Act of Accession, the concept of  normal carry-over stock shall be defined for each product on the basis of the criteria and  objectives particular to each common organization of the markets;
Whereas, for tobacco, Article 297 of the Act of Accession provides that prices shall be fixed only  for the first harvest following accession; whereas tobacco obtained from harvests preceding  accession cannot be the subject of a market support measure and whereas, as a result, disposal  thereof must be borne by the Portuguese Republic;
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  258 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,