Quotas for imports from third countries, for free circulation in Spain, of a maximum quantity each year of 2 million tonnes of maize and 300 000 tonnes of sorghum shall be opened on 1 January of each year. Imports under those quotas shall be effected as provided for in the following Articles.
Commission Regulation (EC) No 1839/95 of 26 July 1995 laying down detailed rules for the application of tariff quotas for imports of maize and sorghum into Spain and imports of maize into Portugal
Commission Regulation (EC) No 1839/95 of 26 July 1995 laying down detailed rules for the application of tariff quotas for imports of maize and sorghum into Spain and imports of maize into Portugal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organization of the market in cereals(1), as last amended by Commission Regulation (EC) No 1664/95(2), and in particular Article 12 (1) thereof,
Whereas, under the agreements concluded during the Uruguay Round of multilateral trade negotiations, the Community has undertaken, as from the 1995/96 marketing year, to open reduced-tariff quotas for imports into Portugal of 500 000 tonnes of maize and into Spain of two million tonnes of maize and 300 000 tonnes of sorghum respectively; whereas, in the case of the quota for imports into Spain, the quantities of certain grain substitutes imported into Spain are to be deducted in proportion to the total quantities imported; whereas in the case of the quota opened for imports of maize into Portugal, the import duty actually paid may not exceed ECU 50 per tonne;
Whereas, in order to ensure that these quotas are applied, provision should be made for direct purchase on the world market or application of an import duty reduction system established pursuant to Commission Regulation (EC) No 1502/95(3);
Whereas the combination of the advantages provided for under the arrangements established by Council Regulation (EEC) No 715/91(4), as last amended by Regulation (EC) No 2484/94(5), applicable to imports into the Community of sorghum and maize originating in the African, Caribbean and Pacific (ACP) States or in the overseas countries and territories (OCT) and under this Regulation is liable to create disturbances on the Spanish market in cereals; whereas that difficulty can be overcome by setting a special reduction of the levy on maize and sorghum imported under this Regulation;
Whereas, in the case of direct purchase on the world market, and with a view to enabling the operation to be carried out under optimum conditions and in particular at the lowest purchase and transport costs, an invitation to tender should be organized for supply and delivery to warehouses designated by the intervention agency concerned; whereas provision should be made for tenders to be lodged for individual lots in line with storage capacities available in certain areas of the Member State concerned and published in the notice of invitation to tender;
Whereas detailed rules should be adopted on the organization of the invitations to tender for the import duty reduction and for direct purchase on the world market, and conditions should be defined for submitting tenders and lodging and releasing securities guaranteeing compliance with the successful tenderer's obligations;
Whereas, with a view to sound economic and financial management of the purchasing operations in question and in particular to avoid disproportionate and excessive risks for operators in view of foreseeable prices on the Spanish and Portuguese markets, provision should be made for importing onto the market, subject to a reduced duty, cereals which do not meet the quality requirements laid down in the invitation to tender; whereas in that case, however, the duty reduction may not be greater than the last amount fixed for the reduction in question;
Whereas provision should be made to cover the operations arising from this Regulation according to the mechanisms laid down by Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy(6), as last amended by Regulation (EC) No 1287/95(7), and by Council Regulation (EEC) No 1883/78 of 2 August 1978 laying down general rules for the financing of interventions by the European Agricultural Guidance and Guarantee Fund, Guarantee Section(8), as last amended by Regulation (EEC) No 1571/93(9);
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
1.
2.
A quota for imports from third countries, for free circulation in Portugal, of a maximum quantity in each marketing year of 500 000 tonnes of maize shall be opened annually. Imports under this quota shall be effected as provided for in the following Articles.
3.
In the event of technical difficulties duly noted by the Commission a period of importation exceeding that time limit may be laid down in accordance with the procedure laid down in Article 23 of Regulation (EEC) No 1766/92.
4.
The reduction in the import duty on flint maize provided for in Article 2(5) of Commission Regulation (EC) No 1249/96(10) shall not apply under those quotas.
Article 2
1.
The quantities for import into Spain referred to in Article 1(1) shall be reduced in each year in proportion to any quantities of residues of starch manufacture from maize falling within CN codes 2303 10 19 and 2309 90 20, brewing and distilling dregs and waste falling within CN code 2303 30 00 and citrus pulp residues falling within CN code 2308 90 30 imported into Spain from third countries during the year concerned.
2.
The Commission shall book:
-
the quantities of maize and sorghum imported into Spain from third Countries during the year concerned and, where necessary, during January and February of the following year,
-
the quantities of residues of starch manufacture from maize, brewing and distilling dregs and waste and residues of citrus pulp imported into Spain each year.
To that end, the Spanish authorities shall supply the Commission regularly with all necessary information.
Article 3
1.
The quantities of maize and sorghum referred to in Article 1 (1) shall be allocated to processing or use in Spain.
2.
The quantities of maize referred to in Article 1 (2) shall be allocated to processing or use in Portugal.
Article 4
Imports shall be effected, as part of these quotas and within the quantitative limits set out in Article 1, to Spain and Portugal by applying an import duty reduction system as provided for in article 5 or by direct purchase on the world market.