Commission Regulation (EC) No 1296/2008 of 18 December 2008 laying down detailed rules for the application of tariff quotas for imports of maize and sorghum into Spain and imports of maize into Portugal (Codified version)
Date: 2008-12-18
Institutions: European Commission
Subjects: Portugal, Spain, codification of EU law, import (EU), invitation to tender, maize, sorghum, tariff quota, tariff reduction

19.12.2008

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 1296/2008

of 18 December 2008

laying down detailed rules for the application of tariff quotas for imports of maize and sorghum
into Spain and imports of maize into Portugal

(Codified version)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri­
cultural markets and on specific provisions for certain agri­
cultural products (Single CMO Regulation) (1), and in particular
Article 144(1) in conjunction with Article 4 thereof,

Whereas:

(1)

(2)

Commission Regulation (EC) No 1839/95 of 26 July
1995 on laying down detailed rules for the application
of tariff quotas for imports of maize and sorghum into
Spain and imports of maize into Portugal (2) has been
substantially amended several times (3). In the interests of
clarity and rationality the said Regulation should be
codified.

negotiations,

to open reduced-tariff quotas

Under the agreements concluded during the Uruguay
Round
the
trade
of multilateral
from the 1995/96
Community has undertaken, as
marketing year,
for
imports into Portugal of 500 000 tonnes of maize and
into Spain of two million tonnes of maize and 300 000
tonnes of sorghum respectively. 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 to the total quantities imported. In the case
of the quota opened for imports of maize into Portugal,
the import duty actually paid should not exceed EUR 50
per tonne.

(5)

(6)

(7)

In order to attain this objective and to guarantee effective
monitoring by the Commission of the arrangements and
of the Community’s international obligations, it is appro­
priate to determine with precision the imports to be
booked pursuant
to these quotas and to provide for
Spain and Portugal to communicate to the Commission,
each month, all
the products concerned
actually carried out, specifying the calculation method
applied.

imports of

The period laid down for the import of import quotas of
maize into Portugal and of maize and sorghum into
Spain and for the taking account of any imports of
substitute products must be based on the calendar year.

The quantity of maize to be imported into Portugal and
of maize and sorghum to be imported into Spain in a
given year, reduced by the quantities of certain grain
substitutes imported into Spain during that same year,
does not allow, at the end of the year, the balance of
maize and sorghum which remains to be imported in the
year concerned to be determined. Consequently,
the
period during which imports may be booked against a
year must be extended,
to the
month of May of the following year.

in cases of necessity,

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

import duties)

sector

(3)

In order to ensure the sound management of
these
quotas, provision should be made for similar methods
for booking imports of maize and sorghum effected in
Spain and in Portugal.

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 177, 28.7.1995, p. 4.
(3) See Annex V.

(8)

to ensure that

In order
these quotas are applied,
provision should be made for direct purchase on the
an import duty
world market or
application of
reduction system established pursuant
to Regulation
(EC) No 1249/96.

(4) OJ L 161, 29.6.1996, p. 125.

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(9)

(10)

applicable

to imports

The combination of the advantages provided for under
the arrangements established by Council Regulation (EC)
No 1528/2007 (1),
into the
sorghum and maize originating in
Community of
the African,
certain States which are part of
Caribbean and Pacific Group of States (‘ACP States’)
and under this Regulation is liable to create disturbances
on the Spanish and Portuguese markets in cereals. That
difficulty can be overcome by setting a special reduction
of the levy on maize and sorghum imported under this
Regulation.

the

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 organised for the supply and delivery to ware­
houses designated by the paying agency or intervention
agency concerned. Provision should be made for tenders
to be lodged for individual lots in line with storage capa­
cities available in certain areas of
the Member State
concerned and published in the notice of invitation to
tender.

(11) Detailed rules should be adopted on the organisation of
the invitations to tender for the import duty reduction
and for direct purchase on the world market, and
conditions should be defined for submitting tenders
guaranteeing
releasing
and
compliance with the successful tenderer's obligations.

securities

lodging

and

(12) With a

on

the

and

to avoid

in view of

in particular

disproportionate

for operators
Spanish

view to sound economic

financial
management of the purchasing operations in question
and
and
foreseeable
excessive risks
prices
Portuguese markets,
and
importing onto the
provision should be made for
market, subject to a reduced duty, cereals which do not
meet the quality requirements laid down in the invitation
to tender. In that case, however, the duty reduction may
the
than the last amount
not be greater
reduction in question.

fixed for

HAS ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Quotas for imports from third countries, for release for
1.
free circulation in Spain, of a maximum quantity each year of
two 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 this Regulation.

2.
On 1 January each year an import quota shall be opened
for a maximum of 500 000 tonnes of maize for release into
free circulation in Portugal. Imports under this quota shall be
made on an annual basis under the conditions laid down in this
Regulation.

3.
In the event of technical difficulties duly noted by the
Commission a period of importation exceeding that time limit
may be laid down in accordance with the procedure referred to
in Article 195(2) of Regulation (EC) No 1234/2007.

4.
The reduction in the import duty on flint maize provided
for in Article 2(5) of Regulation (EC) No 1249/96 shall not
apply under the quotas provided for in paragraphs 1 and 2
of this Article.

Article 2

for

import

The quantities

1.
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
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 code
ex 2308 00 40 imported into Spain from third countries
during the year concerned.

(13)

Provision should be made to cover the operations arising
from this Regulation according to the mechanisms laid
down by Council Regulation (EC) No 1290/2005 of
21 June 2005 on the financing of the common agri­
cultural policy (2).

(14)

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee for the Common Organisation of Agricultural
Markets,

(1) OJ L 348, 31.12.2007, p. 1.
(2) OJ L 209, 11.8.2005, p. 1.

The Commission shall book for the quotas referred to in

2.
Article 1(1) and (2):

(a)

the quantities of maize (CN code 1005 90 00) and sorghum
(CN code 1007 00 90) imported into Spain and the quan­
tities of maize (CN code 1005 90 00)
imported into
Portugal during each calendar year and, where necessary,
until the end of May of the following year;

(b) the quantities of residues of starch manufacture from maize,
brewing and distilling dregs and waste and residues of citrus
pulp, referred to in paragraph 1 of this Article,
imported
into Spain during each calendar year.

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Where quantities are booked in respect of the months following
the reference calendar year in accordance with point (a) of the
first subparagraph, these quantities may no longer be booked in
respect of the following calendar year.

3.
For the purposes of booking quantities as provided for in
paragraph 2, imports of maize into Spain and Portugal carried
out under the following acts shall not be taken into account:

(a) Council Regulation (EC) No 2007/2000 (1);

(b) Council

and

Commission

Decision

2005/40/EC,

Euratom (2);

(c) Council Decision 2006/580/EC (3);

(d) Commission Regulation (EC) No 969/2006 (4).

Article 3

The competent authorities of Spain and of Portugal shall notify
the Commission, by electronic means, not
than the
fifteenth day of each month, of the quantities of the products
referred to in Article 2(2) imported in the course of the penul­
timate month, on the basis of the model in Annex I.

later

Article 4

1.
The quantities of maize and sorghum referred to in
Article 1(1) shall be allocated to processing or use in Spain.

The quantities of maize referred to in Article 1(2) shall be

2.
allocated to processing or use in Portugal.

Article 5

Imports shall be effected, as part of the quotas referred to in
Article 1(1) and (2) and within the quantitative limits set out in
Article 1(1) and (2), to Spain and Portugal by applying an
import duty reduction system as provided for in Article 6, or
by direct purchase on the world market.

CHAPTER II

IMPORTATION WITH IMPORT DUTY REDUCTION

Article 6

1. Without prejudice to Article 15, for imports of maize and
sorghum into Spain and imports of maize into Portugal, within
the quantitative limits set in Article 1(1) and (2), a reduction
may be applied to the import duty fixed in accordance with
Regulation (EC) No 1249/96.

paragraph 1 shall be applied, so as to ensure that the import
quotas are fully used.

If the Commission decides to apply the reduction referred
3.
to in paragraph 1, 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 Member States to be avoided and,
secondly, the quantities referred to in Article 1(1) and (2) to be
actually imported.

4.
The amount of the flat-rate reduction and, if the reduction
is fixed in accordance with the tendering procedure referred to
in Article 8(1), the amount of the latter reduction, shall be fixed
in accordance with the procedure referred to in Article 195(2)
of Regulation (EC) No 1234/2007.

imports into Portugal,

In the case of
the
reduction referred to in paragraph 3 shall be fixed in such a
way that the duty actually paid does not exceed EUR 50 per
tonne.

the amount of

The reduction may be differentiated for imports of maize and/or
sorghum under Regulation (EC) No 1528/2007.

5.
The import duty reduction provided for in paragraph 1
shall be applied on importation into Spain of maize falling
within CN code 1005 90 00 and sorghum falling within CN
code 1007 00 90 and on importation into Portugal of maize
falling within CN code 1005 90 00, covered by licences issued
by the Spanish and Portuguese competent authorities as
provided 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 7

1.
A tendering procedure may be organised for the reduction
in the import duty. In such cases, interested parties shall reply
to the invitation to tender either by lodging a written tender in
exchange
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.

an acknowledgement of

for

2.

Tenders must give:

2.
The Commission, taking account of the existing market
conditions, shall decide whether the reduction provided for in

(a)

the reference of the invitation to tender;

(1) OJ L 240, 23.9.2000, p. 1.
(2) OJ L 26, 28.1.2005, p. 1.
(3) OJ L 239, 1.9.2006, p. 1.
(4) OJ L 176, 30.6.2006, p. 44.

(b) the tenderer's name and exact addresses, together with the

telex or telefax number;

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(c)

the nature and quantity of the product to be imported;

(d) the amount per

tonne of

the import duty reduction

proposed in euros;

(e)

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 EUR

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 appli­
cation for an import licence for the quantity awarded, and
that he will import from the country of origin 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 to
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 of
tenders as specified in the invitation to
tender. They must be forwarded in the form shown in Annex II.

Where no tenders are submitted, the Member State concerned
shall inform the Commission within the same time limit.

Article 8

On the basis of the tenders lodged and forwarded under a
1.
the
import duty reduction the
tendering procedure
for
Commission shall decide,
in accordance with the procedure
referred to in Article 195(2) of Regulation (EC) No 1234/2007:

(a)

to fix a maximum import duty reduction; or

(b) not to pursue the tendering procedure.

reduction fixed under the tendering procedure for a given week
leads to the acceptance of quantities exceeding the quantities
remaining for importation,
the tenderer 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
the quantity available. Where the maximum reduction fixed
corresponds to several
the quantity to be awarded
shall be shared between the tenderers in proportion to the
respective quantities for which they have tendered.

tenders,

2.
The competent authorities of Spain or Portugal shall
notify all tenderers in writing of the outcome of their tenders
as soon as the Commission has taken the decision referred to in
paragraph 1.

Article 9

1.
Licence applications shall be submitted on forms printed
and/or drawn up in accordance with Article 17 of Commission
Regulation (EC) No 376/2008 (1). Where a flat-rate reduction is
adopted by the Commission, applications shall be lodged on the
first two working days of each week. Where the duty reduction
is awarded under a tendering procedure, applications shall be
lodged, for the awarded quantity, within two days of receipt of
the notice of award showing the reduction proposed in the
tender.

Section 24 of

2.
contain one of the entries listed in Annex III.

licence applications and licences

shall

3. Where a flat-rate reduction is applied, licence applications
shall be taken into consideration only where evidence is
provided that a security of EUR 20 per
tonne has been
lodged in favour of the competent body concerned.

Article 10

1.
Licence applications shall be accompanied by a written
undertaking from the applicant to lodge, by the date of issue
of the licence at the latest, a performance guarantee of an
amount per
to the flat-rate duty reduction
granted or to that of the reduction proposed in the tender.

tonne equal

2.
The level of security provided for in Article 12(a) of
Commission Regulation (EC) No 1342/2003 (2) 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.

Where it is decided to fix a maximum import duty reduction,
any tender(s) for an amount equal to or less than the maximum
reduction shall be accepted. However, where the maximum

(1) OJ L 114, 26.4.2008, p. 3.
(2) OJ L 189, 29.7.2003, p. 12.

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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. 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 is issued is between October and May
inclusive the amount of
the reduction 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 in
which the certificate of release for free circulation is accepted
plus the same percentage. In the case of licences issued prior to
1 October and used from that date,
the
reduction granted shall be reduced by an amount calculated
in the same way.

the amount of

5.

Applications shall be valid only if:

which licences are issued shall be the quantities indicated in the
applications, reduced by a uniform percentage.

licences shall be issued, on condition that

fixed under a tendering
2. Where a duty reduction is
procedure,
the
tenderer has lodged an application for an import licence as
referred to in Article 7(3)(b) before the specified deadline, for
the quantities awarded not later than the third working day
following the final date for submitting licence applications as
set out in Article 9(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.

Notwithstanding Article 22(1) of Regulation (EC) No
4.
376/2008 import licences shall, for the purpose of determining
their period of validity, be deemed to have been issued on the
day of expiry of the deadline for lodging tenders or applications.

(a)

they do not exceed the maximum quantity available for
each deadline for lodging applications; and

1.

The period of validity of licences shall be:

Article 12

(b) they are accompanied by evidence that

the purpose of

the provision of such evidence shall consist

the applicant's
business activity includes international cereals trading in
this
the importing Member State. For
in
Article,
presentation to the competent body of 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
concerned in
licence or an invoice
respect of an import or export
relating to intra-Community trade in the applicant's name
for an operation conducted in any of the three preceding
years.

issued by the Member State

The customs authorities of the Member State of import­
take representative samples from each imported
in accordance with the Annex to Commission
in order to determine the vitreous
in

6.
ation shall
consignment
Directive 76/371/EEC (1),
grain content using the method and criteria set out
Article 6(2) of Regulation (EC) No 1249/96.

Article 11

1. Where a flat-rate reduction is adopted by the Commission,
licences shall be issued, within the quantities available, no later
than the Friday following the last day for submission as
specified in Article 9(1). If the Friday is not a working day,
they shall be issued on the first working day thereafter.

(a)

the period specified in Article 6 of Regulation (EC) No
1342/2003 in cases where a flat-rate reduction has been
adopted by the Commission;

(b) the period specified in the Regulation opening the invitation
to tender, in the case of licences issued under a tendering
procedure for the duty reduction.

the import

In Section 8 of

2.
licence, a cross must be
marked against the word ‘yes’. Notwithstanding Article 7(4) of
Regulation (EC) No 376/2008, the quantity released for free
circulation shall not exceed the quantity specified in Sections
17 and 18 of the import licence, but may be less than that
quantity by up to 5 %. The figure ‘0’ must be entered in Section
19 of the licence.

3.
Notwithstanding Article 8 of Regulation (EC) No
376/2008, the rights arising from import licences under this
Regulation shall not be transferable.

Article 13

1. Without prejudice to the surveillance measures adopted
pursuant
in
the
to Article
Article 7(3)(a) shall be released:

referred

security

14,

to

Should the applications made in respect of a week be for quan­
tities exceeding those for maize and sorghum still available for
import into Spain and maize into Portugal, the quantities for

(1) OJ L 102, 15.4.1976, p. 1.

(b) where the tender submitted for the tendering procedure is
accepted, on the issue of
licence. However,
where the undertaking referred to in Article 7(3)(b) is not
fulfilled, the security shall be forfeit.

the import

(a)

forthwith, where the tender is not accepted;

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2. Without prejudice to the surveillance measures adopted
pursuant to Article 14, the security referred to in Article 9(3)
shall be released:

(a)

forthwith, in respect of quantities for which no licence has
been issued;

(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
in
the
pursuant
Article 10(1) shall be released where the tenderer provides
proof:

to Article

referred

security

14,

to

(a)

for maize for which the analysis carried out in accordance
with Article 10(6) shows a vitreous grain content of more
than 60 %, that the imported product has been processed in
the Member State of release for free circulation into any
falling within CN codes
product other
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
accordance with
Commission Regulation (EEC) No 2454/93 (1), before
departure of the goods for processing;

than those

clearance

customs

office,

in

than 60 % and for sorghum,

(b) for maize for which the analysis carried out in accordance
with Article 10(6) shows a vitreous grain content equal or
the imported
lower
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;

that

(c)

that the product could not be imported, processed or used
for reasons of force majeure;

(d) 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 declaration of release for free circulation, the security shall
be forfeit as duty.

For the purposes of this Article, the processing or utilisation of
the imported product shall be considered to have been effected
if 95 % of the quantity released for free circulation has been
processed or used.

Securities shall be subject to the provisions of Article 34
4.
of Regulation (EC) No 376/2008, except for the provision on
the two month time limit referred to in paragraph 4 of that
Article.

Article 14

1. Maize and sorghum released for free circulation with a
reduced duty shall remain under the customs surveillance or
under administrative control of equivalent effect until such
time as it is used or processed.

The Member State concerned shall,

if need be, take all
2.
necessary measures to ensure that the surveillance referred to
in paragraph 1 is carried out. These measures shall
include
requiring importers
to any check considered
to submit
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
Commission of the measures adopted pursuant to paragraph 2.

CHAPTER III

DIRECT PURCHASE ON THE WORLD MARKET

Article 15

it may be decided,

1. With a view to effecting the imports referred to in
Article 1,
in accordance with the
procedure referred to in Article 195(2) of Regulation (EC) No
1234/2007, that the Spanish or Portuguese paying or inter­
vention agency (both hereinafter referred to as ‘intervention
agency’) shall purchase on the world market quantities of
maize and/or sorghum 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 (2) and by the provisions of
Regulation (EEC) No 2454/93 laying down provisions for the
implementation of Regulation (EEC) No 2913/92.

Quantities purchased pursuant to paragraph 1 shall be put
2.
the Member State
up for sale on the domestic market of
concerned,
in accordance with the procedure referred to in
Article 195(2) of Regulation (EC) No 1234/2007, on terms
enabling market disturbance to be avoided and in accordance
with Article 14 of this Regulation.

lodge with the intervention agency of

When the goods are put up for sale on the domestic market,
the buyer shall
the
Member State concerned on payment of the goods a security
of EUR 15 per tonne. The security shall be released when the
is produced. For the
evidence referred to in Article 13(3)
purposes of the release of the security, the provisions of the
second and third subparagraphs of Article 13(3) and those of
Article 13(4) shall apply.

(1) OJ L 253, 11.10.1993, p. 1.

(2) OJ L 302, 19.10.1992, p. 1.

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to Regulation (EC) No 1249/96 for

3. When the goods are placed in free circulation, an import
duty shall be charged, equal to the average of the duties fixed
pursuant
the cereals
concerned during the month preceding the date of acceptance
the declaration of release for free circulation, minus an
of
amount equal to 55 % of the intervention price for the same
month.

Journal of the European Union. 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 purchasing operations on the world market in question.

Entry into free circulation shall be effected by the intervention
agency of the Member State concerned.

The intervention agency shall notify the Commission immedi­
ately of such measures and shall inform operators thereof.

When the purchasers of the goods make payment to the inter­
vention agency, the selling prices, minus the duty referred to in
the first subparagraph, shall correspond to amounts collected
within the meaning of Article 5(2)(f) of Commission Regulation
(EC) No 884/2006 (1).

Article 17

1.
Interested parties shall reply to the invitation to tender
either by lodging a written tender in exchange for an acknowl­
edgment of receipt with 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.

The purchasing operation provided for in paragraph 1
4.
shall rank as intervention for the purpose of stabilising the
agricultural markets within the meaning of Article 3(1)(b) of
Regulation (EC) No 1290/2005.

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.

in paragraph 1 shall be borne by

Payments by the intervention agency for purchases as
5.
provided for
the
Community as they arise and shall be considered as inter­
ventions within the meaning of Article 3(1)(b) of Regulation
(EC) No 1290/2005. 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 5 of
Regulation (EC) No 884/2006.

Tenders may only be submitted in respect of whole lots.

2.
They shall give:

(a)

the reference of the invitation to tender;

(b) the tenderer's name and exact address, together with the

telex or telefax number;

Article 16

(c) details of the lot concerned;

1.
The Spanish or Portuguese intervention agency shall
arrange for the product to be bought on the world market by
the award of a supply contract under a tendering procedure.
The supply shall consist in the purchase of the product on the
world market and the delivery, not unloaded, 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 15(1) shall specify in particular the quantity and quality
of cereals to be imported, the dates of opening and closing of
the tendering procedure and the final date for delivery of the
goods.

2.
A notice of invitation to tender drawn up in accordance
with Annex IV shall be published in the ‘C’ series of the Official

(d) the tender price proposed, per tonne of product, in euros;

(e)

the country of origin of the cereals to be imported;

(f)

separately, the cif price, per tonne of product,
corresponding to the tender.

in euros,

3.
the
Tenders must be accompanied by evidence that
security referred to in Article 18(1) has been lodged before
expiry of the deadline for the submission of tenders.

Tenders not submitted in accordance with the provisions
4.
of this Article or containing conditions other than those laid
down in the invitation to tender shall not be considered.

(1) OJ L 171, 23.6.2006, p. 35.

5.

Tenders may not be withdrawn.

L 340/64

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Official Journal of the European Union

19.12.2008

Article 18

1.
Tenders submitted shall be considered only where there is
evidence that a security of EUR 20 per tonne has been lodged.

If the tenders submitted seem not to reflect the conditions
3.
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.

2.
Securities shall be lodged in accordance with the criteria
laid down in the invitation to tender referred to in Article 16(2)
by
in accordance with
State
Commission Regulation (EEC) No 2220/85 (1).

the Member

concerned,

Securities shall be released immediately in the following

3.
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 16 for the accepted tender;

(c) where the tenderer provides evidence that the goods could

not be imported for reasons of force majeure.

Article 19

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 submission of tenders.

Article 21

At the time of supply the intervention agency shall check

1.
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 is below the minimum quality laid down. However
the goods may be imported with a reduced duty, obtained by
applying a flat-rate reduction in accordance with Chapter II.

2. Where, pursuant to paragraph 1, delivery does not take
place, the security referred to in Article 18 shall be forfeit
without prejudice to any other
financial consequences for
breach of the supply contract.

CHAPTER IV

FINAL PROVISIONS

Article 22

Article 20

Regulation (EC) No 1839/95 is repealed.

1. Without prejudice to the application of paragraphs 2 and
3, the decision to award the contract to the tenderer submitting
the most favourable tender shall be notified in writing to all the
tenderers not later than the second working day following the
day on which the tenders are opened and read.

References to the repealed Regulation shall be construed as
references to this Regulation and shall be read in accordance
with the correlation table in Annex VI

2. Where the tender judged most favourable is submitted
simultaneously by more than one tenderer, the intervention
agency shall draw lots to decide which tenderer is to be
selected.

Article 23

This Regulation shall enter into force on the twentieth day
following that of its publication in the Official
Journal of the
European Union.

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

Done at Brussels, 18 December 2008.

For the Commission
The President

José Manuel BARROSO

(1) OJ L 205, 3.8.1985, p. 5.

19.12.2008

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Official Journal of the European Union

L 340/65

ANNEX I

Imports of maize (CN code 1005 90 00), sorghum (CN code 1007 00 90) and substitute products (CN codes
2303 10 19, 2303 20 00, 2309 90 20 and ex 2308 00 40)

(form to be sent to the following address: agri-cl@ec.europa.eu)

Releases for free circulation during [month/year]

Member State: [COUNTRY/Competent national authority]

Regulation

CN Code

Country of origin

Quantity
(tonnes)

Applicable customs duty

ANNEX II

Weekly tendering procedure for the reduction in the duty on imports of … from third countries

(Regulation (EC) No 1296/2008)

(Closing date for the submission of tenders (date/time))

1

2

3

4

5

Reference number of
tenderer

Quantity
(in tonnes)

Aggregate quantity
(in tonnes)

Amount of the import duty
reduction

Origin of the cereal

1

2

3

4

etc.

L 340/66

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Official Journal of the European Union

19.12.2008

ANNEX III

Entries referred to in Article 9(2)

— in Bulgarian:

Намаляване ставката на митото: лицензия, валидна единствено в Испания (Регламент (ЕО) №
1296/2008)

Намаляване ставката на митото: лицензия, валидна единствено в Португалия (Регламент (ЕО) №
1296/2008)

— in Spanish:

Reducción del derecho: certificado válido únicamente en España [Reglamento (CE) no
1296/2008]

Reducción del derecho: certificado válido únicamente en Portugal
1296/2008]

[Reglamento (CE) no

— in Czech:

Snížení cla: licence platná pouze ve Španělsku (nařízení (ES) č. 1296/2008)

Snížení cla: licence platná pouze v Portugalsku (nařízení (ES) č. 1296/2008)

— in Danish:

Nedsættelse af tolden: licensen er kun gyldig i Spanien (Forordning (EF) nr. 1296/2008)

Nedsættelse af tolden:

licensen er kun gyldig i Portugal

(Forordning (EF) nr. 1296/2008)

— in German:

Ermäßigter Zoll: Lizenz nur in Spanien gültig (Verordnung (EG) Nr. 1296/2008)

Ermäßigter Zoll: Lizenz nur in Portugal gültig (Verordnung (EG) Nr. 1296/2008)

— in Estonian:

Tollimaksu vähendamine: litsents kehtib ainult Hispaanias (määrus (EÜ) nr 1296/2008)

Tollimaksu vähendamine: litsents kehtib ainult Portugalis (määrus (EÜ) nr 1296/2008)

— in Greek:

Μείωση τoυ δασμoύ: πιστoπoιητικό πoυ ισχύει μόνo στην Iσπανία [κανoνισμός (ΕΚ) αριθ.
1296/2008]

Μείωση τoυ δασμoύ: πιστoπoιητικό πoυ ισχύει μόνo στην Πoρτoγαλία [κανoνισμός (ΕΚ) αριθ.
1296/2008]

— in English:

Duty reduction: licence valid only in Spain (Regulation (EC) No 1296/2008)

Duty reduction: licence valid only in Portugal (Regulation (EC) No 1296/2008)

— in French:

Abattement du droit:
1296/2008]

certificat valable uniquement en Espagne [règlement

(CE) no

Abattement du droit: certificat valable uniquement au Portugal
1296/2008]

[règlement

(CE) no

— in Italian:

Riduzione del dazio: titolo valido unicamente in Spagna [regolamento (CE) n. 1296/2008]

Riduzione del dazio: titolo valido unicamente in Portogallo [regolamento (CE) n. 1296/2008]

— in Latvian:

Muitas samazinājums: licence ir derīga tikai Spānijā (Regula (EK) Nr. 1296/2008)

Muitas samazinājums: licence ir derīga tikai Portugālē (Regula (EK) Nr. 1296/2008)

— in Lithuanian:

Muito sumažinimas: licencija galioja tik Ispanijoje (Reglamentas (EB) Nr. 1296/2008)

Muito sumažinimas: licencija galioja tik Portugalijoje (Reglamentas (EB) Nr. 1296/2008)

— in Hungarian:

Vámcsökkentés: az engedély kizárólag Spanyolországban érvényes (1296/2008/EK rendelet)

Vámcsökkentés: az engedély kizárólag Portugáliában érvényes (1296/2008/EK rendelet)

— in Maltese:

Tnaqqis tad-dazju: liċenzja valida biss fi Spanja (Regolament (KE) Nru 1296/2008)

Tnaqqis tad-dazju: liċenzja valida biss fil-Portugall (Regolament (KE) Nru 1296/2008)

— in Dutch:

Korting op het invoerrecht: certificaat uitsluitend geldig in Spanje (Verordening (EG) nr.
1296/2008)

Korting op het invoerrecht: certificaat uitsluitend geldig in Portugal (Verordening (EG) nr.
1296/2008)

19.12.2008

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Official Journal of the European Union

L 340/67

— in Polish:

Obniżenie stawki celnej: pozwolenie ważne wyłącznie w Hiszpanii (rozporządzenie (WE) nr
1296/2008)
Obniżenie stawki celnej: pozwolenie ważne wyłącznie w Portugalii (rozporządzenie (WE) nr
1296/2008)

— in Portuguese:

Redução do direito: certificado válido apenas em Espanha [Regulamento (CE) n.o 1296/2008]

— in Romanian:

— in Slovak:

— in Slovenian:

— in Finnish:

— in Swedish:

licență valabilă doar

Redução do direito: certificado válido apenas em Portugal [Regulamento (CE) n.o 1296/2008]
Reducere de taxă vamală: licență valabilă doar în Spania [Regulamentul (CE) nr. 1296/2008]
Reducere de taxă vamală:
1296/2008]
Zníženie cla: licencia platná iba v Španielsku [Nariadenie (ES) č. 1296/2008]
Zníženie cla: licencia platná iba v Portugalsku [Nariadenie (ES) č. 1296/2008]
Znižanje dajatve: dovoljenje veljavno samo v Španiji (Uredba (ES) št. 1296/2008)
Znižanje dajatve: dovoljenje veljavno samo v Portugalski (Uredba (ES) št. 1296/2008)

în Portugalia [Regulamentul

(CE) nr.

Tullinalennus: todistus voimassa ainoastaan Espanjassa (Asetus (EY) N:o 1296/2008)

Tullinalennus: todistus voimassa ainoastaan Portugalissa (Asetus (EY) N:o 1296/2008)

Nedsättning av tull: intyg endast gällande i Spanien (Förordning (EG) nr 1296/2008)

Nedsättning av tull: intyg endast gällande i Portugal (Förordning (EG) nr 1296/2008)

L 340/68

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Official Journal of the European Union

19.12.2008

ANNEX IV

MODEL FOR NOTICE OF INVITATION TO TENDER
Invitation to tender for the purchase of … tonnes of … on the world market by the … intervention agency

(Article 16(2) of Commission Regulation (EC) No 1296/2008)

1. Product to be mobilised:

..............................................................................................................................................................................

2. Total quantity:

..................................................................................................................................................................................................

3. List of warehouses for a lot:

.......................................................................................................................................................................

4. Characteristics of goods (quality required, minimum quality, price reductions):

.......................................................................

5. Packaging (bulk):

.............................................................................................................................................................................................

6. Delivery period:

...............................................................................................................................................................................................

7. Deadline for submission of tenders:

.........................................................................................................................................................

ANNEX V

Repealed Regulation with list of its successive amendments

Commission Regulation (EC) No 1839/95
(OJ L 177, 28.7.1995, p. 4)

Commission Regulation (EC) No 1963/95
(OJ L 189, 10.8.1995, p. 22)

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

Commission Regulation (EC) No 777/2004
(OJ L 123, 27.4.2004, p. 50)

Commission Regulation (EC) No 1558/2005
(OJ L 249, 24.9.2005, p. 6)

Commission Regulation (EC) No 1996/2006
(OJ L 398, 30.12.2006, p. 1)

Commission Regulation (EC) No 583/2007
(OJ L 138, 30.5.2007, p. 7)

Only Article 1

Only Article 4

Only Article 6 and Annex V

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Official Journal of the European Union

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ANNEX VI

Correlation Table

Regulation (EC) No 1839/95

This Regulation

Article 1(1) and (2)

Article 1(2a)

Article 1(3) and (4)

Article 2(1)

Article 1(1) and (2)

—

Article 1(3) and (4)

Article 2(1)

Article 2(2), first paragraph, introductory phrase and point
(a), introductory phrase

Article 2(2), first paragraph, introductory phrase

Article 2(2), first paragraph, point (a)(i)

Article 2(2), first paragraph, point (a)

Article 2(2), first paragraph, point (a)(ii)

Article 2(2), first paragraph, point (b)

Article 2(2), first paragraph, point (b)

—

Article 2(2), second paragraph

Article 2(2), second paragraph

Article 2(3)

Article 2a

Article 3

Article 4

Article 5(1)

Article 5(1a)

Article 5(2)

Article 2(3)

Article 3

Article 4

Article 5

Article 6(1)

Article 6(2)

Article 6(3)

Article 5(3) first, second and third subparagraphs

Article 6(4) first, second and third subparagraphs

Article 5(3), fourth subparagraph

Article 5(4)

Article 6(1)

—

Article 6(5)

Article 7(1)

Article 6(2), introductory phrase

Article 7(2), introductory phrase

Article 6(2), first indent

Article 6(2), second indent

Article 6(2), third indent

Article 6(2), fourth indent

Article 6(2), fifth indent

Article 6(3) to (7)

Article 7(2)(a)

Article 7(2)(b)

Article 7(2)(c)

Article 7(2)(d)

Article 7(2)(e)

Article 7(3) to (7)

Article 7(1), first subparagraph, introductory phrase

Article 8(1), first subparagraph, introductory phrase

Article 7(1), first subparagraph, first indent

Article 8(1), first subparagraph, point (a)

Article 7(1), first subparagraph, second indent

Article 8(1), first subparagraph, point (b)

Article 7(1), second subparagraph

Article 8(1), second subparagraph

Article 7(2)

Article 8

Article 9(1) to (4)

Article 8(2)

Article 9

Article 10(1) to (4)

Article 9(5), introductory phrase

Article 10(5), introductory phrase

Article 9(5), first indent

Article 9(5), second indent

Article 9(6)

Article 10

Article 10(5)(a)

Article 10(5)(b)

Article 10(6)

Article 11

Article 11(1), introductory phrase

Article 12(1), introductory phrase

Article 11(1), first indent

Article 12(1)(a)

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Regulation (EC) No 1839/95

This Regulation

Article 11(1), second indent

Article 11(2) and (3)

Article 12(1) and (2)

Article 12(1)(b)

Article 12(2) and (3)

Article 13(1) and (2)

Article 12(3), first subparagraph, introductory phrase

Article 13(3), first subparagraph, introductory phrase

Article 12(3), first subparagraph, first indent

Article 13(3), first subparagraph, point (a)

Article 12(3), first subparagraph, second indent

Article 13(3), first subparagraph, point (b)

Article 12(3), first subparagraph, third indent

Article 13(3), first subparagraph, point (c)

Article 12(3), first subparagraph, fourth indent

Article 13(3), first subparagraph, point (d)

Article 12(3), second and third subparagraphs

Article 13(3), second and third subparagraphs

Article 12(4)

Article 13

Article 14

Article 15

Article 16(1)

Article 13(4)

Article 14

Article 15

Article 16

Article 17(1)

Article 16(2), introductory phrase

Article 17(2), introductory phrase

Article 16(2), first indent

Article 16(2), second indent

Article 16(2), third indent

Article 16(2), fourth indent

Article 16(2), fifth indent

Article 16(2), sixth indent

Article 16(3), (4) and (5)

Article 17

Article 18

Article 19

Article 20

Article 21
—

Article 22

Annex I

Annex I a

Annex II

Annex III
—

—

Article 17(2)(a)

Article 17(2)(b)

Article 17(2)(c)

Article 17(2)(d)

Article 17(2)(e)

Article 17(2)(f)

Article 17(3), (4) and (5)

Article 18

Article 19

Article 20

Article 21
—

Article 22

Article 23

Annex II

Annex III

Annex IV

Annex I

Annex V

Annex VI