THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)(1), and in particular Article 144(1) in conjunction with Article 4 thereof,
Whereas:
(1) Commission Regulation (EC) No 1839/95 of 26 July 1995 on laying down detailed rules for the application of tariff quotas for imports of maize and sorghum into Spain and imports of maize into Portugal(2) has been substantially amended several times(3). In the interests of clarity and rationality the said Regulation should be codified.
(2) 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. 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. In the case of the quota opened for imports of maize into Portugal, the import duty actually paid should not exceed EUR 50 per tonne.
(3) In order to ensure the sound management of these quotas, provision should be made for similar methods for booking imports of maize and sorghum effected in Spain and in Portugal.
(4) In order to attain this objective and to guarantee effective monitoring by the Commission of the arrangements and of the Community’s international obligations, it is appropriate to determine with precision the imports to be booked pursuant to these quotas and to provide for Spain and Portugal to communicate to the Commission, each month, all imports of the products concerned actually carried out, specifying the calculation method applied.
(5) The period laid down for the import of import quotas of maize into Portugal and of maize and sorghum into Spain and for the taking account of any imports of substitute products must be based on the calendar year.
(6) The quantity of maize to be imported into Portugal and of maize and sorghum to be imported into Spain in a given year, reduced by the quantities of certain grain substitutes imported into Spain during that same year, does not allow, at the end of the year, the balance of maize and sorghum which remains to be imported in the year concerned to be determined. Consequently, the period during which imports may be booked against a year must be extended, in cases of necessity, to the month of May of the following year.
(7) It is in the interest of Community operators to ensure an adequate supply of the products concerned on the Community market at stable prices whilst avoiding unnecessary and excessive risks or even market disruptions in the form of severe price fluctuations. The Commission, taking account of the evolving international markets, the supply conditions in Spain and Portugal, and the Community’s international commitments, should decide whether a reduction to the applicable import duties fixed in accordance with Commission Regulation (EC) No 1249/96 of 28 June 1996 on rules of application (cereal sector import duties) for Council Regulation (EEC) No 1766/92(4) are required to ensure that the import quotas for the products concerned are fully used.
(8) 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 Regulation (EC) No 1249/96.
(9) The combination of the advantages provided for under the arrangements established by Council Regulation (EC) No 1528/2007(5), applicable to imports into the Community of sorghum and maize originating in certain States which are part of the the African, Caribbean and Pacific Group of States (‘ACP States’) and under this Regulation is liable to create disturbances on the Spanish and Portuguese markets in cereals. That difficulty can be overcome by setting a special reduction of the levy on maize and sorghum imported under this Regulation.
(10) 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 organised for the supply and delivery to warehouses designated by the paying agency or intervention agency concerned. 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.
(11) Detailed rules should be adopted on the organisation 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.
(12) 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. In that case, however, the duty reduction may not be greater than the last amount fixed for the reduction in question.
(13) Provision should be made to cover the operations arising from this Regulation according to the mechanisms laid down by Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy(6).
(14) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,
HAS ADOPTED THIS REGULATION:
See Annex V.