1995R1839 — EN — 01.05.2004 — 004.001 — 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
►M1CommissionRegulation(EC) No 1963/95 of 9 August 1995 L 189 22 10.8.1995
►M2CommissionRegulation(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 2001L 272 31 13.10.2001
►M4CommissionRegulation(EC) No 777/2004 of 26 April 2004 L 123 50 27.4.2004
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
imports of maize and sorghum into Spain and imports of maize
intoPortugal
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 onthe commonorgan izationof the market incereals (1), as last
amended by Commission Regulation (EC) No 1664/95 (2), and in parti-
cular Article 12 (1) thereof,
Whereas, under the agreements concluded during the Uruguay Round
of multilateral trade negotiations, the Community has undertaken, asfrom the 1995/96 marketing year, to open reduced-tariff quotas forimports into Portugal of 500000 tonnes of maize and into Spain oftwo million tonnes of maize and 300000 tonnes of sorghum respec-
tively; whereas, in the case of the quota for imports into Spain, the
quantities of certain grain substitutes imported into Spain are to bededucted inproportionto the total quan tities imported; whereas inthecase of the quota opened for imports of maize into Portugal, the importduty actually paid may not exceed ECU 50 per tonne;
Whereas, inorder to en sure that these quotas are applied, provision
should be made for direct purchase onthe world market or application
of animport duty reductionsystem established pursuan t 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 coun-
tries and territories (OCT) and under this Regulation is liable to createdisturbances on the Spanish market in cereals; whereas that difficultycanbe overcome by settin g a special reductionof the levy onmaizeand sorghum imported under this Regulation;
Whereas, inthe case of direct purchase onthe world market, an d 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 onthe organ izationof 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 dispro-
portionate and excessive risks for operators in view of foreseeable
prices on the Spanish and Portuguese markets, provision should bemade for importing onto the market, subject to a reduced duty, cerealswhich do not meet the quality requirements laid down in the invitationto tender; whereas in that case, however, the duty reduction may not begreater than the last amount fixed for the reduction in question;1995R1839 — EN — 01.05.2004 — 004.001 — 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
commonagricultural 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 bythe European Agricultural Guidance and Guarantee Fund, GuaranteeSection(
3), as last amended by Regulation (EEC) No 1571/93 (4);
Whereas the measures provided for inthis Regulationare inaccor-
dance 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 300000 tonnes of sorghum shall be opened on 1 January of eachyear. Imports under those quotas shall be effected as provided for inthe following Articles.
2. A quota for imports from third countries, for free circulation in
Portugal, of a maximum quantity in each marketing year of 500000tonnes of maize shall be opened annually. Imports under this quotashall be effected as provided for inthe followin g Articles.
3. In the event of technical difficulties duly noted by the Commis-
siona period of importationexceedin g that time limit may be laiddowninaccordan ce with the procedure laid downinArticle 23 ofRegulation(EEC) No 1766/92.
4. The reductioninthe import duty onflin t maize provided for in
Article 2(5) of CommissionRegulation(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 residuesof starch manufacture from maize falling within CN codes 2303 10 19
and 2309 9020, brewing and distilling dregs and waste falling within
CN code 230330 00 and citrus pulp residues falling within CN code2308 90 30 imported into Spain from third countries during the yearconcerned.
2. The Commissionshall 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 regu-
larly with all necessary information.1995R1839 — EN — 01.05.2004 — 004.001 — 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 allo-
cated to processing or use in Portugal.
Article 4
Imports shall be effected, as part of these quotas and within the quanti-
tative limits set out in Article 1, to Spain and Portugal by applying animport duty reductionsystem or by direct purchase onthe 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 inaccordan ce 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 coun-
tries to be avoided and, secondly, the quantities referred to in Article 1actually 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 downinArticle 23 of Regulation(EEC) No 1766/92.
In the case of imports into Portugal, the amount of the reduction
referred to inparagraph 2 shall be fixed insuch 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 completionof the customs import formalities.
4. The import duty reductionprovided for inparagraph 1 shall be
applied on importation into Spain of maize falling within CN code1005 90 00 and sorghum falling within CN code 1007 0090 and onimportation into Portugal of maize falling within CN code 1005 9000,covered by licences issued by the Spanish and Portuguese authorities asprovided for in this Regulation and with the consent of the Commis-
sion. 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 invita-tion to 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 by regis-tered 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 — 01.05.2004 — 004.001 — 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 countryof originspecified inthe ten der.
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 forwardedinthe form showninAn n ex 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, inaccordan ce with the procedure laid downinArticle 23of 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 reductionfixed un derthe 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 theCommissionhas takenthe decisionreferred to inparagraph 1.
Article 8
1. Licence applications shall be submitted on forms printed and/or
drawnup inaccordan ce with Article 16 of CommissionRegulation
(EEC) No 3719/88 (
1). Where a flat-rate reductionis adopted by the
Commission, applications shall be lodged on the first two workingdays of each week. Where the duty reductionis awarded un der atendering procedure, applications shall be lodged, for the awardedquantity, within two days of receipt of the notice of award showingthe reductionproposed inthe ten der.1995R1839 — EN — 01.05.2004 — 004.001 — 5
(1) OJ No L 331, 2. 12. 1988, p. 1.
▼M4
2. Licence applications and the licences themselves shall carry one
of the following entries in box 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]
— Snížení cla: licence platná pouze ve Špan ělsku [na řízení (ES) č.
1839/95]
— Snížení cla: licence platná pouze v Portugalsku [na řízení (ES) č.
1839/95]
— 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)
— Tollimaksu vähendamine: litsents kehtib ainult Hispaanias (määrus
(EÜ) nr 1839/95)
— Tollimaksu vähendamine: litsents kehtib ainult Portugalis (määrus
(EÜ) nr 1839/95)
—Μείωση τ oυ δασµoύ: πιστoπoιητικό π oυ ισχύει µόν oστην
Iσπανία [καν oνισµός (ΕΚ) αριθ. 1839 /95]
—Μείωση τ oυ δασµoύ: πιστoπoιητικό π oυ ισχύει µόν oστην
Πoρτoγαλία [καν oνισµός (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]
— Vámcsökkentés: az engedély kizárólag Spanyolországban érvényes
(1839/95/EK rendelet)
— Vámcsökkentés: az engedély kizárólag Portugáliában érvényes
(1839/95/EK rendelet)
— Riduzione del dazio: titolo valido unicamente in Spagna [regola-
mento (CE) n. 1839/95]
— Riduzione del dazio: titolo valido unicamente in Portogallo [regola-
mento (CE) n. 1839/95]
— Muito sumažinimas: licencija galioja tik Ispanijoje [Reglamentas
(EB) Nr. 1839/95]
— Muito sumažinimas: licencija galioja tik Portugalijoje [Reglamentas
(EB) Nr. 1839/95]
— Muitas samazin ājums: licence ir der īga tikai Sp ānijā[Regula (EK)
Nr. 1839/95]
— Muitas samazin ājums: licence ir der īga tikai Portug ālē[Regula
(EK) Nr. 1839/95]
— Tnaqqis tad-dazju: li ċenzja valida biss fi Spanja [Regolament (KE)
Nru 1839/95]
— Tnaqqis tad-dazju: li ċenzja valida biss fil-Portugall [Regolament
(KE) Nru 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)
— Obni żenie stawki celnej: pozwolenie wa żne wył ącznie w Hiszpanii
(rozporz ądzenie (WE) nr 1839/95)
— Obni żenie stawki celnej: pozwolenie wa żne wył ącznie w Portugalii
(rozporz ądzenie (WE) nr 1839/95)1995R1839 — EN — 01.05.2004 — 004.001 — 6
▼M4
— Redução do direito: certificado válido apenas em Espanha [Regula-
mento (CE) n.o1839/95]
— Redução do direito: certificado válido apenas em Portugal [Regula-
mento (CE) n.o1839/95]
— Zníženie cla: licencia platná iba v Španielsku [Nariadenie (ES) č.
1839/95]
— Zníženie cla: licencia platná iba v Portugalsku [Nariadenie (ES) č.
1839/95]
— Znižanje dajatve: dovoljenje veljavno samo v Španiji (Uredba (ES)
št. 1839/95
— Znižanje dajatve: dovoljenje veljavno samo v Portugalski (Uredba
(ES) št. 1839/95
— 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 asecurity of ECU 20 per tonne has been lodged in favour of the compe-tent authority 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 licenceat the latest, a performance guarantee of an amount per tonne equal to
the flat-rate duty reductiongran ted or to that of the reductionproposed
inthe ten der.
2. The level of security provided for inArticle 10 (a) of Commis-
sionRegulation(EC) No 1162/95(
1) shall apply to import licences
issued under this Regulation.
3. Where a flat-rate reductionis adopted by the Commission , the
rate of reductionan d import duty rate applied shall be those inforceonthe day onwhich the certificate of release for free circulationis
accepted by the customs office.
4. Where the reduction is fixed under a tendering procedure, the rate
of duty applied shall be that inforce onthe day onwhich the certifi-cate of release for free circulationis accepted by the customs office. In
addition, the amount of the reduction granted shall be shown in section
24 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 the reduc-tion granted shall be increased by an amount equal to the difference
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 inwhich the certificate of release for free circulationis 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 anamoun t calculated inthe same way.
5. Applications shall be valid only if:
— they do not exceed the maximum quantity available for each dead-
line for lodging applications, and1995R1839 — EN — 01.05.2004 — 004.001 — 7
(1) OJ No L 117, 24. 5. 1995, p. 2.▼B
▼M1
▼B
▼B
— 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 provisionof
such evidence shall consist in presentation to the competent
authority of either a copy of a certificate of payment of value addedtax in the Member State concerned or a copy of either a customsclearance certificate issued by the Member State concerned inrespect of an import or export licence or an invoice relating to
intra-Community trade in the applicant's name for an operation
conducted in any of the three preceding years.
6. The customs authorities of the Member State of importationshall
take representative samples from each imported consignment in accor-dance with the Annex to Commission Directive 76/371/EEC (
1), in
order to determine the vitreous grain content using the method and
criteria set out inArticle 6(2) of Regulation(EC) No 1249/96.
Article 10
1. Where a flat-rate reductionis adopted by the Commission ,
licences shall be issued, within the quantities available, no later thanthe Friday following the last day for submission as specified in Article8 (1). If the Friday is not a working day, they shall be issued on thefirst working day thereafter.
Should the applications made in respect of a week be for quantities
exceeding those for maize and sorghum still available for import intoSpain, the quantities for which licences are issued shall be the quanti-ties 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 anapplicationfor animport licen ce as referred to inArticle 6 (3) (b)
before the specified deadline, for the quantities awarded not later than
the third working day following the final date for submitting licenceapplications 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
than the 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 of
validity, be deemed to have beenissued onthe day of expiry of thedeadline for lodging tenders or applications.
Article 11
1. The period of validity of licences shall be:
— the period specified inArticle 6 of Regulation(EC) No 1162/95 in
cases where a flat-rate reductionhas beenadopted by the Commis-sion,
— the period specified in the Regulation opening the invitation to
tender, in the case of licences issued under a tendering procedurefor the 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 amaximum of 5 % of the quantity specified in sections 17 and 18 ofthe import licence. The figure ‘0’ must be entered in section 19 of the
licence.
3. Notwithstanding Article 9 of Regulation (EEC) No 3719/88, the
rights arising from import licences under this Regulation shall not betransferable.1995R1839 — EN — 01.05.2004 — 004.001 — 8
(1) OJ L 102, 15.4.1976, p. 1.▼M2
▼B
▼B
Article 12
1. Without prejudice to the surveillance measures adopted pursuant
to Article 13, the security referred to inArticle 6 (3) (a) shall bereleased:
(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 undertaking
referred to inArticle 6 (3) (b) is n ot fulfilled, the security shall beforfeit.
2. Without prejudice to the surveillance measures adopted pursuant
to Article 13, the security referred to inArticle 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 inArticle 9(1) shall be released
where the 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 beenprocessed inthe Member Stateof release for free circulation into any product other than those
falling within CN codes 1904 10 10, 1103 13 or 110423. That
proof shall be provided inthe form of a T5 con trol copy drawnupby the customs clearance office, in accordance with CommissionRegulation(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 than60 % and for sorghum, that the imported product has beenprocessed or used inthe Member State of release for free circula-
tion, that proof may be provided in the form of a sales invoice to
a processor or consumer with headquarters in the Member State ofrelease for free circulation, or
— that the product could not be imported, processed or used for
reasons of force majeure or
— that the imported product has become unsuitable for any use what-
soever.
For quantities in respect of which the abovementioned evidence is not
produced within 18 months of the date of acceptance of the declaration
of release for free circulationthe 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 Regu-
lation(EEC) No 3719/88, except for the provisiononthe six-mon thtime limit referred to inparagraph 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 administra-tive control of equivalent effect until such time as it is used orprocessed.
2. The Member State concerned shall, if need be, take all necessary
measures to ensure that the surveillance referred to in paragraph 1 iscarried out. These measures shall include requiring importers to submit1995R1839 — EN — 01.05.2004 — 004.001 — 9
(1) OJ L 253, 11.10.1993, p. 1.▼M2
▼B
▼B
to any check considered necessary by the competent authorities and to
keep specific records enabling the authorities to make such checks.
3. The Member State concerned shall immediately notify the
Commissionof the measures adopted pursuan t 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 Regu-lation (EEC) No 1766/92, that the Spanish or Portuguese interventionagency shall purchase on the world market quantities of maize and/orsorghum to 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) estab-
lishing 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, in accor-dance with the procedure laid down in Article 23 of Regulation (EEC)No 1766/92, on terms enabling market disturbance to be avoided and inaccordance with Article 13.
Whenthe goods are put up for sale onthe domestic market, the buyer
shall lodge with the intervention agency of the Member Stateconcerned on payment of the goods a security of ECU 15 per tonne.The security shall be released whenthe eviden ce referred to inArticle
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) andthose of Article 12 (4) shall apply.
3. Whenthe goods are placed infree circulation , animport duty
shall be charged, equal to the average of the duties fixed pursuant to
Regulation (EC) No 1502/95 for the cereals concerned during themonth preceding the date of acceptance of the declaration of releasefor free circulation, minus an amount equal to 55 % of the interventionprice for the 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 first subpar-
agraph, shall correspond to revenue from sales within the meaning ofAnnex I to Council Regulation (EEC) No 3492/90 (
3).
4. The purchasing operation provided for in paragraph 1 shall rank
as intervention for the purpose of stabilizing the agricultural markets
within the 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
shall be treated inthe same way as the expen diture referred to inArticle 2 of Regulation (EEC) No 1883/78. The intervention agencyof the Member State concerned shall record the value of the goodspurchased at a price of ‘zero’ inthe accoun t referred to inArticle 4of Regulation(EEC) No 1883/78.1995R1839 — EN — 01.05.2004 — 004.001 — 10
(1) OJ No L 302, 19. 10. 1992, p. 1.
(2) OJ No L 253, 11. 10. 1993, p. 1.
(3) OJ No L 337, 4. 12. 1990, p. 3.
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Article 15
1. The Spanish or Portuguese intervention agency shall arrange for
the product to be bought onthe world market by the award of a supply
contract 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 interven-tion agency for placing under the customs warehousing procedureprovided for inArticles 98 to 113 of Regulation(EEC) No 2913/92.
The decisionto purchase onthe world market referred to inArticle 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
Journal of the European Communities . The invitation shall relate to
one or more lots. ‘Lot’ shall be understood as meaning the quantitiesto 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
purchasing operations 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 totender, 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 tenders
indicated 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,
— 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 inArticle 17 (1) has beenlodged before expiry of the dead-line 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 the invi-
tation 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.1995R1839 — EN — 01.05.2004 — 004.001 — 11
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2. Securities shall be lodged inaccordan ce with the criteria laid
down in the invitation to tender referred to in Article 15 (2) by theMember State concerned, in accordance with Commission Regulation
(EEC) No 2220/85 (
1).
3. Securities shall be released immediately inthe followin g 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 in
Article 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 the
submissionof ten ders.
Article 19
1. Without prejudice to the applicationof paragraphs 2 an d 3, the
decision to award the contract to the tenderer submitting the mostfavourable tender shall be notified in writing to all the tenderers notlater than 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 drawlots 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 all the 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 applicationof the price reduction s provided for inthe
notice of invitation to tender, the goods shall be rejected if the qualityis below the minimum quality laid down. However the goods may be
imported with a reduced duty, obtained by applying a flat-rate reduc-
tioninaccordan ce with Chapter I.
2. Where, pursuant to paragraph 1, delivery does not take place, the
security referred to inArticle 17 shall be forfeit without prejudice toany other financial consequences for breach of the supply contract.
CHAPTERIII
Finalprovisions
Article 21
CommissionRegulation(EC) No 675/94 (2) is hereby repealed.
However, CommissionRegulation(EC) No 517/95 (3) shall continue
to apply for the second instalment for the sale on the Portuguesemarket of 250000 tonnes of maize purchased in accordance with theCommissionDecisionof February 1995.1995R1839 — EN — 01.05.2004 — 004.001 — 12
(1) OJ No L 205, 3. 8. 1985, p. 5.
(2) OJ No L 83, 26. 3. 1994, p. 26.
(3) OJ No L 53, 9. 3. 1995, p. 12.
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Article 22
This Regulation shall enter into force on the third day following its
publicationinthe Official Journal of the European Communities .
It shall apply from 1 July 1995.
This Regulation shall be binding in its entirety and directly applicable
inall Member States.1995R1839 — EN — 01.05.2004 — 004.001 — 13
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ANNEX I
1995R1839 — EN — 01.05.2004 — 004.001 — 14
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ANNEX II
1995R1839 — EN — 01.05.2004 — 004.001 — 15