31985R3766
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, having regard to the large stocks to be disposed of, Whereas pursuant to Article 86 of the Act of Accession, any it should be laid down that the quantities which have been stock of products in free circulation in Spanish territory on bought in or are held by Tabacalera and the Servicio 1 March 1986 which in quantity exceeds what may be Nacional de Cultivo y Fermentaci6n del Tabaco which may considered representative of a normal carry-over stock must, be put up for sale during a given period may not exceed a under Community procedures to be specified and within certain limit; whereas, for those reasons it seems appropriate time-limits to be determined under the conditions provided to fix a five-year period for the disposal of these stocks , to for in Article 91 of that Act, be eliminated by and at the begin as from accession ; expense of the Kingdom of Spain; whereas the concept of 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 .
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 .
Article3¶
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 .
31 . 12 . 85 No L 362 / 3 Official Journal of the European Communities
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
No L 362 / 4 31 . 12 . 85 Official Journal of the European Communities
(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