Commission Regulation (EEC) No 2676/91 of 9 September 1991 on stocks of agricultural products held in the territory of the former German Democratic Republic

COMMISSION REGULATION (EEC) No 2676/91  of 9 September 1991  on stocks of agricultural products held in the territory of the former German Democratic Republic
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3577/90 of 4 December 1990 on the transitional measures and adjustments required in the agricultural sector as a result of German unification (1), and in particular Articles 3 and 7 (2) thereof,
Having regard to Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy (2), as last amended by Regulation (EEC) No 2048/88 (3), and in particular Article 5 (3) thereof,
Whereas Regulation (EEC) No 3577/90 lays down that any private stock of a product which is covered by a regulation on a common market organization for agricultural products, which is in free circulation in the territory of the former German Democratic  Republic on the date of German unification and which exceeds the quantity which may be regarded as representing a normal carry-over stock, must be disposed of by the Federal Republic of Germany at its own expense;
Whereas it is necessary to define private stocks only for certain products which carry a risk of speculation or for which European Agricultural Guidance and Guarantee Fund financing is planned; whereas the products in question are defined by Commission  Regulation (EEC) No 2761/90 of 27 September 1990 on stocks of agricultural products held in the territory of the former German Democratic Republic (4), as amended by Regulation (EEC) No 3774/90 (5);
Whereas, in order to take account of the special situation existing in the territory of the former German Democratic Republic before unification, private stocks of certain species of live animals present in that territory on the date of German  unification and which could be the subject, where appropriate after slaughter, of intervention measures or the grant of export refunds, must be included in the definition of private stocks; whereas live animals of the above species originating in the  territory of the former German Democratic Republic, transferred to and, where appropriate, slaughtered in the Federal Republic of Germany or in another Member State before 3 October 1990 must also be included in that definition;
Whereas the criteria permitting determination of the quantity to be considered as a normal carry-over stock at the date of German unification must be laid down; whereas, therefore, it would appear appropriate to take account, on the one hand, of  production in the territory of the former German Democratic Republic over a 12-month period and, on the other hand, of consumption, processing and certain exports during that period;
Whereas account must also be taken of the profound changes in production, consumption and trade which have taken place in the former German Democratic Republic as a result of German unification and integration into the Community; whereas, in the absence  of accurate statistics, trade between the territory of the former German Democratic Republic and the Community as constituted before 3 October 1990 must be considered as balanced;
Whereas, pursuant to Article 7 of Regulation (EEC) No 3577/90, the concept of a normal carry-over stock must be defined for each product in the light of the criteria and objectives specific to each market organization;
Whereas in the beef and veal sector the quantity exceeding the normal carry-over stock consists mainly of beef and veal other than that covered by Commission Regulation (EEC) No 32/82 of 7 January 1982 laying down the conditions for granting special  export refunds for beef and veal (6) and by Commission Regulation (EEC) No 1964/82 of 20 July 1982 laying down the conditions for granting special export refunds on certain cuts of boned meat of bovine animals (7), as last amended by Regulation (EEC) No  3169/87 (8);
Whereas this is the result for the most part of a traditionally high proportion of cows in the East German herd and the need to slaughter a very high number of dairy cows as a result of the introduction of a system of dairy quotas in that territory;
Whereas the contracts concluded by the German Democratic Republic with various State-trading countries prior to unification concern the export of frozen meat; whereas, therefore, it seems appropriate to oblige Germany to take over the excess quantities  found in the beef and veal sector at the rate of refunds valid for export to European third countries of beef and veal other than that covered by Regulations (EEC) No 32/82 and (EEC) No 1964/82;
Whereas the financial consequences of the determination of stocks exceeding the normal carry-over stock must be taken into account when fixing the monthly advances pursuant to Commission Regulation (EEC) No 2776/88 of 7 September 1988 on data to be sent  in by the Member States with a view to the booking of expenditure financed under the Guarantee Section of the Agricultural Guidance and Guarantee Fund (EAGGF) (9), as last amended by Regulation (EEC) No 775/90 (10), and controlled by clearance of  accounts;
Whereas a special scheme for public stocks held in the territory of the former German Democratic Republic is provided for by Article 6 of Regulation (EEC) No 3577/90 and Article 1 (1) of Commission Regulation (EEC) No 2764/90 of 27 September 1990 on  provisional measures applicable in the cereals sector after the unification of Germany (11); whereas, under those provisions, such stocks are taken over at a depreciated value roughly equivalent to the world market price; whereas in order to avoid  placing a double burden on Germany, such depreciated stocks should not be included in the evaluation of abnormal private stocks pursuant to this Regulation;
Whereas the measures provided for in the Regulation are in accordance with the opinion of the relevant management committees,