Commission Regulation (EC) No 238/2004 of 11 February 2004 opening an invitation to tender for the reduction in the duty on sorghum imported into Spain from third countries
Date: 2004-02-11
Institutions: European Commission
Subjects: CCT duties, Spain, award of contract, import, originating product, sorghum, tariff reduction, third country

12.2.2004

EN

Official Journal of the European Union

L 40/23

COMMISSION REGULATION (EC) No 238/2004

of 11 February 2004

opening an invitation to tender for the reduction in the duty on sorghum imported into Spain
from third countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

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

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), and in particular Article 12(1) thereof,

HAS ADOPTED THIS REGULATION:

Whereas:

Article 1

(1)

(2)

(3)

(4)

the Agreement on Agriculture (2) concluded
Under
during the Uruguay Round of multilateral trade negotia-
tions, the Community has undertaken to import a quan-
tity of sorghum into Spain.

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), lays down
the special detailed rules necessary for implementing
invitations to tender.

In the light of current market needs in Spain, an invita-
tion to tender for the reduction in the duty on imports
of sorghum should be opened.

Council Regulation (EC) No 2286/2002 of 10 December
2002 on the arrangements applicable to agricultural
products and goods resulting from the processing of
agricultural products originating in the African, Carib-
bean and Pacific States (ACP States) and repealing Regu-
lation (EC) No 1706/98 (4) provides in particular for a
reduction of 60 % in the import duty applicable to grain
sorghum up to a quota of 100 000 tonnes per calendar
year and of 50 % in excess of that quota. If that benefit
is combined with the benefit resulting from the invita-
tions to tender for the reduction in the import duty, this
is likely to disturb the Spanish market for cereals. Such
combined benefits should therefore be ruled out.

(1) OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Commis-
sion Regulation (EC) No 1104/2003 (OJ L 158, 27.6.2003, p. 1).

(2) OJ L 336, 23.12.1994, p. 22.
(3) OJ L 177, 28.7.1995, p. 4. Regulation as last amended by Regu-

lation (EC) No 2235/2000 (OJ L 256, 10.10.2000, p. 13).

(4) OJ L 348, 21.12.2002, p. 5.

1.
An invitation to tender is hereby opened for the reduc-
tion in the import duty referred to in Article 10(2) of Regu-
lation (EEC) No 1766/92 on sorghum to be imported into
Spain.

Regulation (EC) No 1839/95 shall apply save as otherwise

2.
provided for in this Regulation.

Under this invitation to tender,

3.
the reduction in the
import duty on grain sorghum provided for in Annex II to
Regulation (EC) No 2886/2002 shall not apply.

Article 2

The invitation to tender shall be open until 23 December
2004. During that period, weekly invitations shall be issued
with quantities and closing dates as shown in the notice of invi-
tation to tender.

Article 3

Import licences issued under these invitations to tender shall be
valid 50 days from the date they are issued within the meaning
of Article 10(4) of Regulation (EC) No 1839/95.

Article 4

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Union.

L 40/24

EN

Official Journal of the European Union

12.2.2004

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

Done at Brussels, 11 February 2004.

For the Commission

Franz FISCHLER

Member of the Commission