1995R1839 — EN — 14.10.2001 — 003.002 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No1839/95
of26July1995
laying down detailed rules for the application of tariff quotas for imports of maize and sorghum
intoSpainandimportsofmaizeintoPortugal
(OJ L 177, 28.7.1995, p. 4)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 1963/95 of 9 August 1995 L 189 22 10.8.1995
►M2Commission Regulation (EC) No 2235/2000 of 9 October 2000 L 256 13 10.10.2000
►M3amended by Commission Regulation (EC) No 2015/2001 of 12 October
2001 L 272 31 13.10.2001
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
▼B
COMMISSIONREGULATION(EC)No1839/95
of26July1995
laying down detailed rules for the application of tariff quotas for
importsofmaizeandsorghumintoSpainandimportsofmaizeinto
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 fromthe 1995/96 marketing year, to open reduced-tariff quotas for importsinto Portugal of 500 000 tonnes of maize and into Spain of two milliontonnes 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 tothe total quantities imported; whereas in the case of the quota opened forimports of maize into Portugal, the import duty actually paid may notexceed 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 CommissionRegulation (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 createdisturbances on the Spanish market in cereals; whereas that difficultycan be overcome by setting a special reduction of the levy on maize andsorghum 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 towarehouses designated by the intervention agency concerned; whereasprovision should be made for tenders to be lodged for individual lots inline 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 directpurchase on the world market, and conditions should be defined forsubmitting tenders and lodging and releasing securities guaranteeingcompliance 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 madefor importing onto the market, subject to a reduced duty, cereals whichdo not meet the quality requirements laid down in the invitation totender; whereas in that case, however, the duty reduction may not begreater than the last amount fixed for the reduction in question;1995R1839 — EN — 14.10.2001 — 003.002 — 2
(1) OJ No L 181, 1. 7. 1992, p. 21.
(2) OJ No L 158, 8. 7. 1995, p. 13.
(3) OJ No L 147, 30. 6. 1995, p. 13.
(4) OJ No L 84, 30. 3. 1990, p. 85.
(5) OJ No L 265, 15. 10. 1994, p. 3.
▼B
Whereas provision should be made to cover the operations arising from
this Regulation according to the mechanisms laid down by CouncilRegulation (EEC) No 729/70 of 21 April 1970 on the financing of the
common agricultural policy(
1), as last amended by Regulation (EC) No
1287/95(2), and by Council Regulation (EEC) No 1883/78 of 2 August
1978 laying down general rules for the financing of interventions by theEuropean Agricultural Guidance and Guarantee Fund, GuaranteeSection(
3), as last amended by Regulation (EEC) No 1571/93(4);
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. Quotas for imports from third countries, for free circulation in
Spain, of a maximum quantity each year of 2 million tonnes of maizeand 300 000 tonnes of sorghum shall be opened on 1 January of eachyear. Imports under those quotas shall be effected as provided for in thefollowing Articles.
2. A quota for imports from third countries, for free circulation in
Portugal, of a maximum quantity in each marketing year of 500 000tonnes of maize shall be opened annually. Imports under this quota shallbe 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 inaccordance 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(
5) 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 ofstarch 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 code2308 90 30 imported into Spain from third countries during the yearconcerned.
2. The Commission shall book:
— the quantities of maize and sorghum imported into Spain from third
Countries during the year concerned and, where necessary, duringJanuary 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.1995R1839 — EN — 14.10.2001 — 003.002 — 3
(1) OJ No L 94, 28. 4. 1970, p. 13.
(2) OJ No L 125, 8. 6. 1995, p. 1.
(3) OJ No L 216, 5. 8. 1978, p. 1.
(4) OJ No L 154, 25. 6. 1993, p. 46.
(5) OJ L 161, 29.6.1996, p. 125.▼M2
▼B
▼M2
▼B
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 applyingan import duty reduction system or by direct purchase on the world
market.
CHAPTERI
Importationwithimportdutyreduction
Article 5
1. Without prejudice to Article 14, for imports of maize and sorghum
into Spain and imports of maize into Portugal, within the quantitative
limits set in Article 1, a reduction shall be applied to the import duty
fixed in accordance with Regulation (EC) No 1502/95.
2. The amount of the reduction shall be fixed on a flat-rate basis or by
tendering procedure, at a level enabling, firstly, disturbance of the
Spanish and Portuguese markets as a result of imports into those
countries to be avoided and, secondly, the quantities referred to inArticle 1 actually to be imported.
3. The amount of the flat-rate reduction and, if the reduction is fixed
in accordance with the tendering procedure referred to in Article 7 (1),
the amount of the latter reduction, shall be fixed in accordance with theprocedure laid down in Article 23 of Regulation (EEC) No 1766/92.
In the case of imports into Portugal, the amount of the reduction referred
to in paragraph 2 shall be fixed in such a way that the duty actually paid
does not exceed ECU 50 per tonne.
The reduction may be differentiated for imports of maize and/or
sorghum under Regulation (EEC) No 715/90.
The duty actually paid shall be converted into national currency by
applying the conversion rate applicable for the currency concerned onthe date of completion of the customs import formalities.
4. The import duty reduction provided for in paragraph 1 shall be
applied on importation into Spain of maize falling within CN code1005 90 00 and sorghum falling within CN code 1007 00 90 and onimportation into Portugal of maize falling within CN code 1005 90 00,covered by licences issued by the Spanish and Portuguese authorities asprovided for in this Regulation and with the consent of the Commission.
These licences shall be valid only in the Member State in which they are
issued.
Article 6
1. A tendering procedure may be organised for the reduction in the
import duty. In such cases, interested parties shall reply to the invitationto tender either by lodging a written tender in exchange for an
acknowledgement of receipt with the competent body specified in the
invitation to tender or by forwarding that tender to the latter byregistered letter, telex, fax or telegram.
2. Tenders must give:
— the reference of the invitation to tender,
— the tenderer's name and exact addresses, together with the telex or
telefax number,
— the nature and quantity of the product to be imported,1995R1839 — EN — 14.10.2001 — 003.002 — 4
▼M2
▼B
▼B
— the amount per tonne of the import duty reduction proposed in ecus,
— the country of origin of the cereals to be imported.
3. Tenders must be accompanied:
(a) by evidence that the tenderer has lodged a security of ECU 20 per
tonne; and
(b) by a written undertaking by the tenderer that, within two days of
receipt of notification of the award of contract, he will lodge with
the competent body concerned an application for an import licencefor the quantity awarded, and that he will import from the country oforigin specified in the tender.
4. Tenders must specify only one country of origin; they may not
exceed the maximum quantity available for each tendering deadline.
5. Tenders not submitted in accordance with paragraphs 1, 2, 3 and 4
or containing conditions other than those laid down in the invitation to
tender shall not be considered.
6. Tenders may not be withdrawn.
7. Tenders must be forwarded to the Commission by the competent
body not later than two hours after the deadline for the lodging oftenders as specified in the invitation to tender. They must be forwardedin the form shown in Annex 1.
Where no tenders are submitted, the Member State concerned shall
inform the Commission within the same time limit.
Article 7
1. On the basis of the tenders lodged and forwarded under a tendering
procedure for the import duty reduction the Commission shall decide, in
accordance with the procedure laid down in Article 23 of Regulation(EEC) No 1766/92:
— to fix a maximum import duty reduction, or
— not to pursue the tendering procedure.
Where it is decided to fix a maximum import duty reduction, any
tender(s) for an amount equal to or less than the maximum reductionshall be accepted. However, where the maximum reduction fixed underthe tendering procedure for a given week leads to the acceptance ofquantities exceeding the quantities remaining for importation, thetenderer having lodged the tender corresponding to the accepted
maximum reduction shall be awarded a quantity equal to the difference
between the quantities applied for in the other accepted tenders and thequantity available. Where the maximum reduction fixed corresponds toseveral tenders, the quantity to be awarded shall be shared between thetenderers in proportion to the respective quantities for which they have
tendered.
2. The competent authorities of Spain or Portugal shall notify all
tenderers in writing of the outcome of their tenders as soon as theCommission has taken the decision referred to in paragraph 1.
Article 8
1. Licence applications shall be submitted on forms printed and/or
drawn up in accordance with Article 16 of Commission Regulation
(EEC) No 3719/88(
1). Where a flat-rate reduction is adopted by the
Commission, applications shall be lodged on the first two working daysof each week. Where the duty reduction is awarded under a tenderingprocedure, applications shall be lodged, for the awarded quantity, withintwo days of receipt of the notice of award showing the reductionproposed in the tender.1995R1839 — EN — 14.10.2001 — 003.002 — 5
(1) OJ No L 331, 2. 12. 1988, p. 1.
▼B
2. Licence applications and the licences themselves shall carry one of
the following entries in section 24:
— Reducción del derecho: certificado válido únicamente en España
[Reglamento (CE) no1839/95]
— Reducción del derecho: certificado válido únicamente en Portugal
[Reglamento (CE) no1839/95]
— Nedsættelse af tolden: licensen er kun gyldig i Spanien (Forordning
(EF) nr. 1839/95)
— Nedsættelse af tolden: licensen er kun gyldig i Portugal (Forordning
(EF) nr. 1839/95)
— Ermäßigte Abgabe: Lizenz nur in Spanien gültig (Verordnung (EG)
Nr. 1839/95)
— Ermäßigte Abgabe: Lizenz nur in Portugal gültig (Verordnung (EG)
Nr. 1839/95)
—Μείωση του δασµού: πιστοποιητικό που ισχύει µόνο στην
Ισπανία [κανονισµός (ΕΚ) αριθ. 1839 /95]
—Μείωση του δασµού: πιστοποιητικό που ισχύει µόνο στην
Πορτογαλία [κανονισµός (ΕΚ) αριθ. 1839 /95]
— Duty reduction: licence valid only in Spain [Regulation (EC) No
1839/95]
— Duty reduction: licence valid only in Portugal [Regulation (EC) No
1839/95]
— Abattement du droit: certificat valable uniquement en Espagne
[règlement (CE) no1839/95]
— Abattement du droit: certificat valable uniquement au Portugal
[règlement (CE) no1839/95]
— Riduzione del dazio: titolo valido unicamente in Spagna [regola-
mento (CE) n. 1839/95]
— Riduzione del dazio: titolo valido unicamente in Portogallo
[regolamento (CE) n. 1839/95]
— Korting op het invoerrecht: certificaat uitsluitend geldig in Spanje
(Verordening (EG) nr. 1839/95)
— Korting op het invoerrecht: certificaat uitsluitend geldig in Portugal
(Verordening (EG) nr. 1839/95)
— Redução do direito: certificado válido apenas em Espanha [Regu-
lamento (CE) n.o1839/95]
— Redução do direito: certificado válido apenas em Portugal [Regu-
lamento (CE) n.o1839/95]
— Tullinalennus: todistus voimassa ainoastaan Espanjassa [Asetus (EY)
N:o 1839/95]
— Tullinalennus: todistus voimassa ainoastaan Portugalissa [Asetus
(EY) N:o 1839/95]
— Nedsättning av tull: intyg endast gällande i Spanien (Förordning
(EG) nr 1839/95)
— Nedsättning av tull: intyg endast gällande i Portugal (Förordning
(EG) nr 1839/95).
3. Where a flat-rate reduction is applied, licence applications shall be
taken into consideration only where evidence is provided that a securityof ECU 20 per tonne has been lodged in favour of the competentauthority concerned.
Article 9
1. Licence applications shall be accompanied by a written under-
taking from the applicant to lodge, by the date of issue of the licence atthe latest, a performance guarantee of an amount per tonne equal to theflat-rate duty reduction granted or to that of the reduction proposed inthe tender.1995R1839 — EN — 14.10.2001 — 003.002 — 6
▼B
2. The level of security provided for in Article 10 (a) of Commission
Regulation (EC) No 1162/95(1) shall apply to import licences issued
under this Regulation.
3. Where a flat-rate reduction is adopted by the Commission, the rate
of reduction and import duty rate applied shall be those in force on the
day on which the certificate of release for free circulation is accepted by
the customs office.
4. Where the reduction is fixed under a tendering procedure, the rate
of duty applied shall be that in force on the day on which the certificate
of release for free circulation is accepted by the customs office. Inaddition, the amount of the reduction granted shall be shown in section24 of the licence.
However, in the case of imports effected after the end of the month in
which the import licence is issued, if the month in which the licence isissued is between October and May inclusive the amount of thereduction granted shall be increased by an amount equal to thedifference between the intervention price in force in the month in which
the licence was issued plus 55 % and the price in force in the month in
which the certificate of release for free circulation is accepted plus thesame percentage. In the case of licences issued prior to 1 October andused from that date, the amount of the reduction granted shall bereduced by an amount calculated in the same way.
5. Applications shall be valid only if:
— they do not exceed the maximum quantity available for each
deadline for lodging applications, and
— they are accompanied by evidence that the applicant's business
activity includes international cereals trading in the importingMember State. For the purpose of this Article the provision ofsuch evidence shall consist in presentation to the competent authorityof either a copy of a certificate of payment of value added tax in the
Member State concerned or a copy of either a customs clearance
certificate issued by the Member State concerned in respect of animport or export licence or an invoice relating to intra-Communitytrade in the applicant's name for an operation conducted in any of thethree preceding years.
6. The customs authorities of the Member State of importation shall
take representative samples from each imported consignment inaccordance with the Annex to Commission Directive 76/371/EEC(
2),
in order to determine the vitreous grain content using the method and
criteria set out in Article 6(2) of Regulation (EC) No 1249/96.
Article 10
1. Where a flat-rate reduction is adopted by the Commission, licences
shall be issued, within the quantities available, no later than the Fridayfollowing the last day for submission as specified in Article 8 (1). If theFriday is not a working day, they shall be issued on the first working daythereafter.
Should the applications made in respect of a week be for quantities
exceeding those for maize and sorghum still available for import into
Spain, the quantities for which licences are issued shall be the quantities
indicated in the applications, reduced by a uniform percentage.
2. Where a duty reduction is fixed under a tendering procedure,
licences shall be issued, on condition that the tenderer has lodged an
application for an import licence as referred to in Article 6 (3) (b) beforethe specified deadline, for the quantities awarded not later than the third1995R1839 — EN — 14.10.2001 — 003.002 — 7
(1) OJ No L 117, 24. 5. 1995, p. 2.
(2) OJ L 102, 15.4.1976, p. 1.▼M1
▼B
▼M2
▼B
▼B
working day following the final date for submitting licence applications
as set out in Article 8 (1).
3. The competent authorities shall notify the Commission of the
quantities for which licences have been issued each week no later thanthe third working day of the following week.
4. Notwithstanding Article 21 (1) of Regulation (EEC) No 3719/88
import licences shall, for the purpose of determining their period ofvalidity, be deemed to have been issued on the day of expiry of thedeadline for lodging tenders or applications.
Article 11
1. The period of validity of licences shall be:
— the period specified in Article 6 of Regulation (EC) No 1162/95 in
cases where a flat-rate reduction has been adopted by the
Commission,
— the period specified in the Regulation opening the invitation to
tender, in the case of licences issued under a tendering procedure forthe duty reduction.
2. In section 8 of the import licence, a cross must be marked against
the word ‘yes’. Notwithstanding Article 8 (4) of Regulation (EEC) No3719/88, the quantity released for free circulation shall not exceed a
maximum of 5 % of the quantity specified in sections 17 and 18 of the
import licence. The figure ‘0’ must be entered in section 19 of thelicence.
3. Notwithstanding Article 9 of Regulation (EEC) No 3719/88, the
rights arising from import licences under this Regulation shall not be
transferable.
Article 12
1. Without prejudice to the surveillance measures adopted pursuant to
Article 13, the security referred to in Article 6 (3) (a) shall be released:
(a) forthwith, where the tender is not accepted;
(b) where the tender submitted for the tendering procedure is accepted,
on the issue of the import licence. However, where the undertakingreferred to in Article 6 (3) (b) is not fulfilled, the security shall beforfeit.
2. Without prejudice to the surveillance measures adopted pursuant to
Article 13, the security referred to in Article 8 (3) shall be released:
(a) forthwith, in respect of quantities for which no licence has been
issued; and
(b) on the issue of the import licence, in respect of quantities for which
a licence has been issued.
3. Without prejudice to the surveillance measures adopted pursuant to
Article 13, the security referred to in Article 9(1) shall be released wherethe tenderer provides proof:
— for maize for which the analysis carried out in accordance with
Article 9(6) shows a vitreous grain content of more than 60 %, that
the imported product has been processed in the Member State ofrelease for free circulation into any product other than those fallingwithin CN codes 1904 10 10, 1103 13 or 1104 23. That proof shallbe provided in the form of a T5 control copy drawn up by the
customs clearance office, in accordance with Commission Regula-
tion (EEC) No 2454/93(
1), before departure of the goods for
processing,
— for maize for which the analysis carried out in accordance with
Article 9(6) shows a vitreous grain content equal or lower than 60 %1995R1839 — EN — 14.10.2001 — 003.002 — 8
(1) OJ L 253, 11.10.1993, p. 1.▼M2
▼M2
and for sorghum, that the imported product has been processed or
used in the Member State of release for free circulation, that proofmay be provided in the form of a sales invoice to a processor or
consumer with headquarters in the Member State of release for free
circulation, or
— that the product could not be imported, processed or used for reasons
offorce majeure or
— that the imported product has become unsuitable for any use
whatsoever.
For quantities in respect of which the abovementioned evidence is not
produced within 18 months of the date of acceptance of the declarationof release for free circulation the security shall be forfeit as duty.
For the purposes of this Article, the processing or utilization of the
imported product shall be considered to have been effected if 95 % ofthe quantity released for free circulation has been processed or used.
4. Securities shall be subject to the provisions of Article 33 of
Regulation (EEC) No 3719/88, except for the provision on the six-month
time limit referred to in paragraph 3 (a) of the said Article.
Article 13
1. Maize and sorghum released for free circulation with a reduced
duty shall remain under the customs surveillance or under administrativecontrol of equivalent effect until such time as it is used or processed.
2. The Member State concerned shall, if need be, take all necessary
measures to ensure that the surveillance referred to in paragraph 1 is
carried out. These measures shall include requiring importers to submitto any check considered necessary by the competent authorities and tokeep specific records enabling the authorities to make such checks.
3. The Member State concerned shall immediately notify the
Commission of the measures adopted pursuant to paragraph 2.
CHAPTERII
Directpurchaseontheworldmarket
Article 14
1. With a view to effecting the imports referred to in Article 1, it may
be decided, under the procedure laid down in Article 23 of Regulation(EEC) No 1766/92, that the Spanish or Portuguese intervention agencyshall purchase on the world market quantities of maize and/or sorghumto be determined, and shall place in the Member State concerned under
customs warehousing procedure as provided for in Articles 98 to 113 of
Council Regulation (EEC) No 2913/92(
1) establishing the Community
Customs Code and Commission Regulation (EEC) No 2454/93(2) laying
down provisions for the implementation of Regulation (EEC) No 2913/92.
2. Quantities purchased pursuant to paragraph 1 shall be put up for
sale on the domestic market of the Member State concerned, inaccordance with the procedure laid down in Article 23 of Regulation(EEC) No 1766/92, on terms enabling market disturbance to be avoidedand in accordance with Article 13.
When the goods are put up for sale on the domesticmarket, the buyer
shall lodge with the intervention agency of the Member State concernedon payment of the goods a security of ECU 15 per tonne. The securityshall be released when the evidence referred to in Article 12 (3) is
produced. For the purposes of the release of the security, the provisions
of the second and third subparagraphs of Article 12 (3) and those ofArticle 12 (4) shall apply.1995R1839 — EN — 14.10.2001 — 003.002 — 9
(1) OJ No L 302, 19. 10. 1992, p. 1.
(2) OJ No L 253, 11. 10. 1993, p. 1.▼B
▼B
3. When the goods are placed in free circulation, an import duty shall
be charged, equal to the average of the duties fixed pursuant toRegulation (EC) No 1502/95 for the cereals concerned during the month
preceding the date of acceptance of the declaration of release for free
circulation, minus an amount equal to 55 % of the intervention price forthe same month.
Entry into free circulation shall be effected by the intervention agency of
the Member State concerned.
When the purchasers of the goods make payment to the intervention
agency, the selling prices, minus the duty referred to in the firstsubparagraph, shall correspond to revenue from sales within the
meaning of Annex I to Council Regulation (EEC) No 3492/90(
1).
4. The purchasing operation provided for in paragraph 1 shall rank as
intervention for the purpose of stabilizing the agricultural markets withinthe meaning of Article 1 (2) (b) of Regulation (EEC) No 729/70.
5. Payments by the intervention agency for purchases as provided for
in paragraph 1 shall be borne by the Community as they arise and shallbe treated in the same way as the expenditure referred to in Article 2 ofRegulation (EEC) No 1883/78. The intervention agency of the Member
State concerned shall record the value of the goods purchased at a price
of ‘zero’ in the account referred to in Article 4 of Regulation (EEC) No1883/78.
Article 15
1. The Spanish or Portuguese intervention agency shall arrange for
the product to be bought on the world market by the award of a supplycontract under a tendering procedure. The supply shall consist in thepurchase of the product on the world market and the delivery, notunloaded, to warehouses designated by the abovementioned intervention
agency for placing under the customs warehousing procedure provided
for in Articles 98 to 113 of Regulation (EEC) No 2913/92.
The decision to purchase on the world market referred to in Article 14
(1) shall specify in particular the quantity and quality of cereals to beimported, the dates of opening and closing of the tendering procedureand the final date for delivery of the goods.
2. A notice of invitation to tender drawn up in accordance with
Annex II shall in addition be published in the ‘C’ series of the Official
JournaloftheEuropeanCommunities . The invitation shall relate to one
or more lots. ‘Lot’ shall be understood as meaning the quantities to be
delivered as specified in the invitation.
3. The intervention agency of the Member State concerned shall
adopt, as required, additional measures for implementing the purchasingoperations on the world market in question.
The agency shall notify the Commission immediately of such measures
and shall inform operators thereof.
Article 16
1. Interested parties shall reply to the invitation to tender either by
lodging a written tender in exchange for an acknowledgment of receiptwith the intervention agency indicated in the notice of invitation to
tender, or by forwarding the same to the latter by registered letter, telex,
telefax or telegram.
Tenders must reach the intervention agency before 12 noon (Brussels
time) on the day on which the deadline for the submission of tendersindicated in the notice of invitation to tender expires.
2. Tenders may only be submitted in respect of whole lots. They shall
give:
— the reference of the invitation to tender,1995R1839 — EN — 14.10.2001 — 003.002 — 10
(1) OJ No L 337, 4. 12. 1990, p. 3.
▼B
— the tenderer's name and exact address, together with the telex or
telefax number,
— details of the lot concerned,
— the tender price proposed, per tonne of product, in the currency of
the Member State concerned,
— the country of origin of the cereals to be imported,
— separately, the cif price, per tonne of product, in the currency of the
Member State concerned, corresponding to the tender.
3. Tenders must be accompanied by evidence that the security
referred to in Article 17 (1) has been lodged before expiry of thedeadline for the submission of tenders.
4. Tenders not submitted in accordance with the provisions of this
Article or containing conditions other than those laid down in theinvitation to tender shall not be considered.
5. Tenders may not be withdrawn.
Article 17
1. Tenders submitted shall be considered only where there is
evidence that a security of ECU 20 per tonne has been lodged.
2. Securities shall be lodged in accordance with the criteria laid down
in the invitation to tender referred to in Article 15 (2) by the MemberState concerned, in accordance with Commission Regulation (EEC) No
2220/85(
1).
3. Securities shall be released immediately in the following cases:
(a) where the tender is not accepted;
(b) where the tenderer provides evidence that the supply contract has
been performed in accordance with the conditions laid down inArticle 15 for the accepted tender;
(c) where the tenderer provides evidence that the goods could not be
imported for reasons of force majeure .
Article 18
Tenders shall be opened and read in public. This shall be done by the
intervention agency immediately after the expiry of the deadline for thesubmission of tenders.
Article 19
1. Without prejudice to the application of paragraphs 2 and 3, the
decision to award the contract to the tenderer submitting the mostfavourable tender shall be notified in writing to all the tenderers not laterthan the second working day following the day on which the tenders are
opened and read.
2. Where the tender judged most favourable is submitted simulta-
neously by more than one tenderer, the intervention agency shall draw
lots to decide which tenderer is to be selected.
3. If the tenders submitted seem not to reflect the conditions normally
applying on the markets, the intervention agency may decide to make no
award. Invitations to tender shall be renewed within one week until allthe lots are awarded.
Article 20
1. At the time of supply the intervention agency shall check the
quantity and quality of the goods.
Subject to the application of the price reductions provided for in the
notice of invitation to tender, the goods shall be rejected if the quality is1995R1839 — EN — 14.10.2001 — 003.002 — 11
(1) OJ No L 205, 3. 8. 1985, p. 5.
▼B
below the minimum quality laid down. However the goods may be
imported with a reduced duty, obtained by applying a flat-rate reductionin accordance with Chapter I.
2. Where, pursuant to paragraph 1, delivery does not take place, the
security referred to in Article 17 shall be forfeit without prejudice to anyother financial consequences for breach of the supply contract.
CHAPTERIII
Finalprovisions
Article 21
Commission Regulation (EC) No 675/94(1) is hereby repealed.
However, Commission Regulation (EC) No 517/95(2) shall continue
to apply for the second instalment for the sale on the Portuguese marketof 250 000 tonnes of maize purchased in accordance with the
Commission Decision of February 1995.
Article 22
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
It shall apply from 1 July 1995.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1995R1839 — EN — 14.10.2001 — 003.002 — 12
(1) OJ No L 83, 26. 3. 1994, p. 26.
(2) OJ No L 53, 9. 3. 1995, p. 12.
▼B
ANNEX I
1995R1839 — EN — 14.10.2001 — 003.002 — 13
▼B
ANNEX II
1995R1839 — EN — 14.10.2001 — 003.002 — 14