Commission Regulation (EC) No 1558/2005 of 23 September 2005 amending Regulation (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
Date: 2005-09-23
Institutions: European Commission
Subjects: Portugal, Spain, import, maize, sorghum, tariff quota, tariff reduction

L 249/6

EN

Official Journal of the European Union

24.9.2005

COMMISSION REGULATION (EC) No 1558/2005

of 23 September 2005

amending Regulation (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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

in accordance with Commission Regulation (EC) No
1249/96 of 28 June 1996 on rules of application
for Council Regulation
(cereal
(EEC) 1766/92 (4) are required to ensure that
the
import quotas for the products concerned are filled.

import duties)

sector

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1784/2003 of 29
September 2003 on the common organisation of the market in
cereals (1), and in particular Article 12(1) thereof,

(4)

(5)

Regulation (EC) No 1839/95 should therefore be
amended accordingly.

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

Whereas:

HAS ADOPTED THIS REGULATION:

(1)

(2)

(3)

Following the Agreement on Agriculture (2) concluded
during the Uruguay Round of multilateral trade nego-
tiations,
the Community undertook to open, as from
the 1995/96 marketing year, quotas for imports into
Portugal of 500 000 tonnes of maize and into Spain
of 2 000 000 tonnes of maize and 300 000 tonnes of
sorghum respectively.

The conditions for the administration of those quotas
have been established by Commission Regulation (EC)
No 1839/95 (3).
In the light of the experience gained
from the application of
it appears
that Regulation,
necessary to simplify and clarify the administration of
the quotas in question.

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 unne-
cessary 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

(1) OJ L 270, 21.10.2003, p. 78.
(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 777/2004 (OJ L 123, 27.4.2004, p. 50).

Article 1

Article 4 of Regulation (EC) No 1839/95 is replaced by the
following:

‘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 applying an import duty reduction system as
provided for in article 5 or by direct purchase on the world
market.’

Article 2

In Article 5 of Regulation (EC) No 1839/95, paragraph 1 and
paragraph 2 are replaced by the following:

‘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 may be applied to the import duty fixed in
accordance with Regulation (EC) No 1249/96.

The Commission,

the existing
1a.
the reduction
market conditions,
provided for in paragraph 1 shall be applied, so as to
ensure that the import quotas are filled.

shall decide whether

taking account of

(4) OJ L 161, 29.6.1996, p. 125. Regulation as last amended by Regu-

lation (EC) No 1110/2003 (OJ L 158, 27.6.2003, p. 12).

24.9.2005

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Official Journal of the European Union

L 249/7

If the Commission decides to apply such a reduction,
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 in Article 1 to be
actually imported.’

Article 3

This Regulation shall enter into force on the third day following
the European
that of
Union.

its publication in the Official

Journal of

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

Done at Brussels, 23 September 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission