Commission Regulation (EC) No 2235/2000 of 9 October 2000 amending Regulations (EC) No 1839/95 laying down detailed rules for the application of tariff quotas for imports of maize and sorghum into Spain and imports of maize into Portugal and (EC) No 1249/96 on rules of application (cereal sector import duties) for Council Regulation (EEC) No 1766/92
Date: 2000-10-09
Institutions: European Commission
Subjects: CCT duties, Portugal, Spain, import (EU), maize, sorghum, tariff quota

10.10.2000

EN

Official Journal of the European Communities

L 256/13

COMMISSION REGULATION (EC) No 2235/2000

of 9 October 2000

amending Regulations (EC) No 1839/95 laying down detailed rules for the application of tariff
quotas for imports of maize and sorghum into Spain and imports of maize into Portugal and (EC)
No 1249/96 on rules of application (cereal sector import duties) for Council Regulation (EEC) No
1766/92

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 organisation of the market in
cereals (1), as last amended by Regulation (EC) No 1666/
2000 (2), and in particular Article 10(4) and (12)(1) thereof,

Whereas:

(1)

(2)

(3)

(4)

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 (3), as
amended by Regulation (EC) No 1963/95 (4), lays down
provisions on the
imports
concerned.

administration of

the

the tariff quota is

The period laid down for the import of maize and
the
sorghum into Spain under
marketing year although experience shows
that a
different period based on the calendar year would be
more suitable for taking account of imports of substitute
products into Spain. As regards imports of maize into
Portugal,
imports of substitute products do not affect
management of the quota. Consequently, the period laid
down in Article 1(2) of Regulation (EC) No 1839/95 for
those imports need not be amended.

Since the quantity of maize and sorghum to be imported
into Spain in a given year is reduced by the quantities of
certain grain substitutes imported into Spain during that
same year, at the end of the year it is impossible to
determine the balance of maize and sorghum which
remains to be imported in the year concerned. Conse-
quently, the period during which imports of maize and
sorghum into Spain may be booked against a year
should be extended.

Article 2(5) of Commission Regulation (EC) No 1249/
96 (5), as last amended by Regulation (EC) No 2519/
98 (6), provides for a reduction in the import duty on
flint maize. That being the case, in order to resolve a
number of anomalies created by the current arrange-

(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 193, 29.7.2000, p. 1.
(3) OJ L 177, 28.7.1995, p. 4.
(4) OJ L 189, 10.8.1995, p. 22.
(5) OJ L 161, 29.6.1996, p. 125.
(6) OJ L 315, 25.11.1998, p. 7.

ments for Community trade in that type of maize and to
permit compliance with international commitments, it
should be laid down that maize imported under those
quotas may not be used for the production of maize
meal for the manufacture of breakfast cereals. In view of
the fact that maize with a vitreous grain content of more
than 60 % is suitable for the production of breakfast
cereals, means of checking those imports and their final
use should be provided for. The most suitable forms of
the imported goods and the
check are analysis of
monitoring until final use of products with a vitreous
grain content of more than 55 %. In order to allow for
differences in the results of analyses carried out on the
maize on departure and on arrival at destination, a
tolerance of 5 % in the vitreous grain content should be
allowed.

(5)

(6)

(7)

Article 2(5) of Regulation (EC) No 1249/96 provides, on
certain conditions, for a reduction in the import duty on
flint maize of EUR 14 of per tonne. In view of the
movement in the world market price of flint maize, the
reduction in the duty provided for in Regulation (EC) No
1249/96 should be increased. The securities provided
for in Regulation (EC) No 1249/96 should be adjusted
accordingly.

Given that a special reduction in the import duty is
provided for under the quotas and that the reduction is
sufficient to meet the Community's commitments under
the WTO, the reduction in the import duty on flint
maize provided for in Article 2(5) of Regulation (EC) No
1249/96 should not apply to imports under those
quotas.

The measures provided for in this Regulation should be
adopted on a trial basis in order to solve problems
currently being encountered in the management of the
quotas provided for in Regulation (EC) No 1839/95.
Without prejudice to further revisions and a more
the
comprehensive reform of
measures referred to in the above three recitals should
be introduced for a trial period expiring one year from
the date of entry into force of this Regulation.

the system of quotas,

(8)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Cereals,

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Official Journal of the European Communities

10.10.2000

HAS ADOPTED THIS REGULATION:

mine the vitreous grain content using the method and
criteria set out
in Article 6(2) of Regulation (EC) No
1249/96.

Article 1

(*) OJ L 102, 15.4.1976, p. 1.’

Regulation (EC) No 1839/95 is amended as follows:

1. Article 1(1) is replaced by the following:

Quotas for imports from third countries,

‘1.
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.’

2. The following paragraph 4 is added to Article 1:

‘4.
The reduction in the import duty on flint maize
provided for in Article 2(5) of Commission Regulation (EC)
No 1249/96 (*) shall not apply under those quotas.

(*) OJ L 161, 29.6.1996, p. 125.’

3. Article 2 is replaced by the following:

‘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
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.

falling within CN codes

2303 10 19

6. The first subparagraph of Article 12(3) is replaced by the

following:

‘3. Without prejudice
surveillance measures
adopted pursuant to Article 13, the security referred to in
Article 9(1) shall be released where the tenderer provides
proof:

to the

the

that

— for maize for which the analysis carried out

in
accordance with Article 9(6) shows a vitreous grain
content of more
imported
than 60 %,
product has been processed in the Member State of
free circulation into any product other
release for
than those
falling within CN codes 1904 10 10,
1103 13 or 1104 23. That proof shall be provided in
the form of a T5 control copy drawn up by the
customs clearance office, in accordance with Commis-
sion Regulation (EEC) No 2454/93 (*), before depar-
ture 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 % and for sorghum,
that the imported product has been processed or used
in the Member State of release for free circulation,
that proof may 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 of force majeure or

— that the imported product has become unsuitable for

any use whatsoever.

2.

The Commission shall book:

(*) OJ L 253, 11.10.1993, p. 1.’

— 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,
Commission regularly with all necessary information.’

the Spanish authorities shall supply the

4. Article 6(1) is replaced by the following:

A tendering procedure may be organised for the
‘1.
reduction in the import duty.
interested
parties shall reply to the invitation to tender either by
lodging a written tender in exchange for an acknowledge-
ment of receipt with the competent body specified in the
invitation to tender or by forwarding that tender to the
latter by registered letter, telex, fax or telegram.’

In such cases,

5. The following paragraph 6 is added to Article 9:

The customs authorities of

‘6.
the Member State of
importation shall take representative samples from each
imported consignment in accordance with the Annex to
in order to deter-
Commission Directive 76/371/EEC (*),

Article 2

Regulation (EC) No 1249/96 is amended as follows:

1. The third indent of the first subparagraph of Article 2(5)

is replaced by the following:

‘— EUR 24 per tonne on flint maize meeting the specifi-

cations laid down in Annex I.’

2. Point (c) of the second subparagraph of Article 2(5)

is

replaced by the following:

‘(c) the

importer must

lodge with

the

competent

authority a security of:

— EUR 14 per tonne for common wheat,

— EUR 24 per tonne for flint maize, and

— EUR 8 per tonne for barley.

the customs import

If however the duty in force on the day of comple-
tion of
formalities is less than
EUR 14 per tonne for common wheat, EUR 24 for
flint maize or EUR 8 per
the
security shall be equal to the duty amount.

tonne for barley,

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Official Journal of the European Communities

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The security shall be released on production of proof
of the specific final use warranting a quality premium
on the price of the basic product referred to in point
(a). That proof, possibly in the form of
the T5
control copy, must demonstrate to the satisfaction of
the Member State of
the competent authorities of
importation that all the quantities imported have been
(a).
processed into the product referred to in point

Processing shall be deemed to have occurred when,
within the time limit laid down in point (b):

— in the

case of

referred to in point
either:

common wheat,

the product
(a) has been produced at

— one or more of the plants belonging to the

firm in the Member State, or

— the plant or one of the plants referred to in

point (b),

— the malting barley has undergone steeping; and

— the flint maize has been processed to produce a
product of CN codes 1904 10 10, 1103 13 or
1104 23.’

Article 3

into force on the third day
This Regulation shall enter
following its publication in the Official Journal of the European
Communities.

The measures provided for in Articles 1(2), (5) and (6) and
2 shall apply for one year from the date of entry into force
of this Regulation.

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 9 October 2000.

For the Commission

Franz FISCHLER

Member of the Commission