No L 362/18 Official Journal of the European Communities 31.12. 85 COUNCIL REGULATION (EEC) No 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 Europcan Economic Community, Having rcgard to the Act of Accession of Spain and Po_itugal, : 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, inthe 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 referred to in Article 86 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 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 possibilty 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) No 3766/85 (1); (') See page 1 of this Official Journal. - Whéreas, 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, ' ’ 'HAS ADOPTED THIS REGULATION: » Articlé 1- This Regulation shall lay down the general rules for the application of Article 86 of the Act of Accession. Article 2 This Regulation shall not cover products: — which may not be stored, " — in which there is no likelihood of spcculation,‘ — for which there are no export refunds, nor intervention within the meaning of Article 3 (1) of Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy (2), or — which fall within the tobacco seétor. Article 3 1. Products shall be considered as being in free circulation in Spanish territory where: (a) they are obtained entirely in Spain; - (b) they are: — obtained totally or partly from products from countries other than Spain, or — imported into Spain, in respect of which import formalities have been completed and on which customs duties and equivalent charges have been collected in Spain, without any total ‘or partial drawback thereof. 2.  With the exception of very small quantities, any quantity of products belonging to or held by the Kingdom of Spain or by any natural or legal person shall be considered as stocks of products. (2) OJ No L 94, 28. 4. 1970, p. 13.