Council Regulation (EEC) No 1737/91 of 13 June 1991 amending Regulation (EEC) No 727/70 on the common organization of the market in raw tobacco

COUNCIL REGULATION (EEC) No 1737/91 of 13 June 1991 amending Regulation (EEC) No 727/70 on the common organization of the market in raw tobacco
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas Article 4 (5) of Regulation (EEC) No 727/70 (4), as last amended by Regulation (EEC) No 3577/90 (5), provides that the Council may fix maximum guaranteed quantities for specific production areas if the quality of a variety differs according to  the characteristics of the soil and the climate; whereas it is necessary to provide that the Council may fix differing prices and premiums for these specific production areas;
Whereas the possibility of leaf tobacco being bought into intervention must be exceptional; whereas provision should be made that a decision to open intervention buying-in of such tobacco be taken in exceptional circumstances only;
Whereas, in the light of German unification, the overall maximum guaranteed quantity for the Community provided for in Article 4 (5) of Regulation (EEC) No 727/70 should be adjusted;
Whereas the grant of the premium is subject to the award of a European cultivation contract as referred to in Article 3 of Regulation (EEC) No 727/70; whereas the clauses of such a contract contain one concerning the maximum production of the area  covered by the contract; whereas Commission Regulation (EEC) No 2501/87 of 24 June 1987 fixing the characteristics of each variety of tobacco grown in the Community (6), as last amended by Regulation (EEC) No 2071/88 (7), lays down the maximum yield for  each variety of tobacco; whereas tobacco produced in excess of that yield does not qualify for the premium;
Whereas only tobacco which is covered by a European cultivation contract and produced within the permitted yield limits may qualify for the premium; whereas steps should be
taken to discourage all Community production that does not conform with such a contract; whereas action should be taken, therefore, to exclude from intervention and from the refund tobacco which is not covered by a cultivation contract or which has been  produced in excess of the permitted maximum yields,