31.12. 85 Official Journal of the European Communities No L 362/21 COUNCIL REGULATION (EEC) No 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; v ‘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, " HAS ADOPTED THIS REGULATION: Article 1 This Regulation shall lay down the general rules for the application of Article 254 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 speculation, or — 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 fmancmg of the common agricultural policy (). Article 3 1.  Products shall be considered as being in free c1rculat10n in Portuguese territory where: (a) they are obtained entirely in Portugal; (b) they are: — obtained totally or partly from products from countries other than Portugal, or — imported into Portugal, in respect of which import formalities have been completed and on which customs duties and equivalent charges have been collected in Portugal, 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 Porttiguese Republic or by any natural or legal person shall be considered as stocks of products. (') OJ No L 94, 28. 4. 1970, p. 13.