CELEX: 51987PC0244
Language: en
Date: 1987-05-26
Title: PROPOSAL FOR A COUNCIL REGULATION ON SPECIAL ARRANGEMENTS FOR IMPORTS OF MAIZE AND SORGHUM INTO SPAIN FOR 1987 TO 1990

No C 160/8                                 Official Journal of the European Communities                                 18. 6. 87
                           Article 4                                   Member State. In this case, the Commission shall inform
                                                                       the competent authorities of the other Member States of
 1.    Upon receipt of the information referred to in                  any restrictions placed on the information.
Articles 1, 2 and 3 the Commission shall immediately
 forward it to the competent authorities of all other                                             Article 6
 Member States. Equally the Commission shall forward to
 all Member States any information it receives about                    1.   Member States shall communicate to the
significant increases in the level of radioactivity or about           Commission the provisions containing the criteria and
nuclear accidents in States adjacent to the Community.                 action plans relating to emergency situations referred to
                                                                       in Article 1.
2.     Detailed procedures for the transmission of the
information referred to in Articles 1 to 4 shall be agreed             2.    The     Commission        shall make     appropriate
by the Commission and the competent authorities of the                 recommendations for harmonizing the provisions
Member States, and tested at regular intervals.                        applicable in this field in the Member States.
3.    Each Member State shall indicate to the                                                     Article 7
Commission the competent national authorities and
                                                                       The Commission shall evaluate the information received
points of contact designated to forward or receive the
                                                                       pursuant to Articles 1, 2 and 3 and shall report to the
information set out in Articles 1 to 4. The Commission
                                                                       Member States on the radiological risks involved.
shall in turn communicate this and details of the
                                                                       Without prejudice to its powers under the Euratom
designated Commission service to the competent auth-
                                                                       Treaty the Commission may issue a recommendation
orities of the other Member States.
                                                                       laying down guidance for appropriate action by the
                                                                       Member States.
4.    Points of contact and the designated Commission
service shall be available on a 24-hour basis. The
                                                                                                  Article 8
Commission shall set up an emergency service for this
purpose.                                                               Member States shall take the measures necessary to
                                                                       comply with this Decision within three months of its
                           Article 5                                   notification.
Information received pursuant to Articles 1, 2 and 3 may                                          Article 9
be used without restrictions except when such infor-
mation is provided in confidence by the notifying                      This Decision is addressed to the Member States.
              Proposal for a Council Regulation on special arrangements for imports of maize and sorghum
                                                      into Spain for 1987 to 1990
                                                           COM(87) 244 final
                                   (Submitted by the Commission to the Council on 25 May 1987)
                                                            (87/C 160/08)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                               of the years 1987 to 1990, to open annual quotas for
                                                                       imports into Spain of 2 million tonnes of maize and
Having regard to the Treaty establishing the European                  300 000 tonnes of sorghum, minus the quantities of
Economic Community, and in particular Article 43                       certain grain substitutes imported into that country
thereof,                                                               during the same year, either directly or indirectly;
                                                                       whereas the quantities of maize and sorghum imported
Having regard to the proposal from the Commission,
                                                                       must be used or processed in Spain;
Having regard to the opinion of the European Par-
liament,
Whereas, under an agreement between the European
Economic Community and the United States of America
concerning the conclusion of the negotiations under
Article XXIV (6) of the General Agreement on Tariffs                   Whereas the implementation of the agreement referred
and Trade (GATT), approved by Council Decision                         to above can be contemplated either under a levy
87/224/EEC (*), the Community undertook, in respect                    reduction system or by direct purchases on the world
(l) OJ No L 98, 10. 4. 1987, p. 1.
 ---pagebreak---  18. 6. 87                               Official Journal of the European Communities                               No C 160/9
 market; whereas this agreement, motivated by the                   and 300 000 tonnes of sorghum shall be effected as
 accession of Spain to the Community, is a transitional             provided in the following Articles.
 measure; whereas, however, imports of maize and
 sorghum into Spain effected under the said agreement at
 preferential terms are liable to interfere with the single
 Community market; whereas, to overcome this difficulty,                                            Article 2
 appropriate measures must be approved, including the
 possibility of applying a countervailing duty to processed          1.    The annual quantities referred to in Article 1 shall
products exported either to non-member countries or to              be reduced, according to procedures to be determined,
the rest of the Community;                                          by any quantities of maize gluten, brewers' grains and
                                                                    citrus pulp imported into Spain from third countries.
                                                                    Where it is ascertained that the quantities of maize
Whereas Council Regulation (EEC) No 486/85 of                       gluten, brewers' grains and citrus pulp imported into
26 February 1985 on the arrangements applicable to                  Spain under the cover of documents establishing their
agricultural products and certain goods resulting from              Community status develop abnormally, the necessary
the processing of agricultural products originating in the          action shall be taken in accordance with the procedure
African, Caribbean and Pacific (ACP) States or in the               laid down in Article 26 of Council Regulation (EEC) No
overseas countries and territories ('), as last amended by          2727/75 (6).
Regulation (EEC) No . . ., provides, in particular, for a
50 % reduction in the levy on sorghum and a smaller
reduction in the levy on maize; whereas the combination
of this advantage with the reduction provided for under             2.     For 1987, any quantities of maize and sorghum
the present Regulation would disturb the Spanish market             imported under Council Regulation (EEC) No 2913/
for cereals; whereas this difficulty can be overcome by             86 (7) shall not be included in the quantities referred to
setting a special reduction of the levy on maize and                in Article 1.
sorghum imported under this Regulation;
                                                                    3.    The quantities of maize and sorghum referred to in
Whereas provisions are required to cover the operations
                                                                    Article 1 shall be allocated to processing or use in Spain.
arising from this Regulation according to the
mechanisms laid down by Council Regulation (EEC) No
729/70 of 21 April 1970 on the financing of the common
agricultural policy (2), as last amended by Regulation
                                                                                                    Article 3
(EEC) No 3769/85 (3), and by Council Regulation
(EEC) No 1883/78 of 2 August 1978 laying down                       1.    Without prejudice to Article 4, in respect of imports
general rules for the financing of interventions by the             of maize and sorghum into Spain, but within the
European Agricultural Guidance and Guarantee Fund,                  quantitative limits set in Article 2, a reduction shall be
Guarantee Section (4), as last amended by Regulation                applied to the levy fixed in accordance with Article 13 of
(EEC) No 801/87 (5);                                                Regulation (EEC) No 2727/75.
Whereas, as this is a matter of the application of an
international agreement between a third country and the             2.    The amount of the reduction shall be fixed, in
Community, the resulting operations should be financed              accordance with the procedure laid down in Article 26 of
in their entirety by the Community; whereas an                      Regulation (EEC) No 2727/75, at a level enabling
exception should therefore be established to the                    disturbance of the Spanish market to be avoided. The
provisions of the last subparagraph of Article 6 of                 reduction can also be fixed by a tender procedure.
Council Regulation (EEC) No 1883/78,
                                                                    The reduction can be differentiated for imports of maize
HAS ADOPTED THIS REGULATION:                                        and sorghum into Spain under Regulation (EEC) No
                                                                    486/85.
                               Article 1
For a period of four years from 1987 onwards, imports               3.    The reduction shall be applied to imports of maize
from third countries for free circulation in Spain of               and sorghum effected into Spain on the basis of a licence
maximum annual quantities of 2 million tonnes of maize .            valid only in that Member State.
O   O J N 0 L 6 I , 1. 3. 1985, p. 4.
O   OJ No L 94, 28. 4. 1970, p. 3.
O   OJ No L 362, 31. 12. 1985, p. 17.
(4) OJNoL216, 5. 8. 1978, p. 1.                                     (') O J N o L 2 8 1 , 1. 11. 1975, p. 1.
(*) OJ No L 79, 21. 3. 1987, p. 14.                                 O OJ No L 272, 24. 9. 1986, p. 1.
 ---pagebreak--- l^ooetDOBtO                                     COfficialjournalofthe European communities                                                               n^D.^
t      ^ i t h a v i e ^ v to effecting the imports referred to in       A t a f r e q u e n c v t o b e d e t e r m i n e d ^ the C^ommissionshall
Article n i t m a v b e decided^ under the procedure laid                record in accounts^
d o ^ n in Article ^ of Regulation ^ E E ^ ^ o ^ ^ B ^
that the Spanish intervention agency shall purchase                      — the quantities of maize and sorghum imported into
directlv on the ^vorld market quantities of maize and                          ^pain from third countries^
sorghum to be determined and shall place them under                      — the quantities of maize glutens bre^vers^ grains and
customs warehousing procedure as provided for in                               citrus pulp imported into ^pain.
council directive D^B^BEEoe^
                                                                         Ror this purposed the Spanish authorities shall supplv the
^.     quantities purchased pursuant to paragraph t shall                commission regularlv^vith all necessarv information.
be put up for sale on the Spanish domestic market in
accordance ^vith the procedure laid do^vn in Article ^D of
Regulation ^ E E ^ l ^ o ^ ^ B ^ on terms enabling market
disturbance to be avoided.                                               The imports referred to in Article^must be effected^ in
                                                                         respectof agiven vear^ b v t h e e n d o f Rebruarvof the
^.     ^ h e n thegoods a r e p l a c e d i n f r e e circulations an    following vear.
agricultural           levv    equals    taking      the    monetary
compensators amount into accounts to the average of the
levies applicable in ^pain and fi^ed for the cereals
concerned during the first ^ davs of the month                           ^here themarketsforproductsderivedfrommaizeor
preceding the date of acceptance of the declaration of                   sorghum are disturbed^ a countervailing dutv mav be
entrv into free circulations minus the difference between                introducedinaccordance^viththeprocedure laiddo^vn
the threshold price and the intervention price for the                   in Article ^ of Regulation ^EEC^ ^ ^ ^ ^ B ^ for
same month.                                                              exports of therelevant products f r o m ^ p a i n o r for their
Entrv into free circulation shall be effected bv the                     consignment to other member states.
Spanish intervention agencv.
^ h e n the purchasers of the goods make pavment to the
intervention agencv^the selling price minus the levv shall               Thefollo^vingshallbe adoptedin accordance^vith the
correspondtorevenuefrom sales ^vithinthemeaningof                        p r o c e d u r e l a i d d o ^ v n i n A r t i c l e ^ D o f Regulationr^EEC^
A n n e ^ l t o Council Regulation ^ E E C ^ o ^ ^ B ^ t ^               ^o^^B^^
^t. The purchasing operation provided for in                             — anv measures needed to ensure that the cereals the
paragraphtshall rank as intervention for the purpose of                        levv for ^vhich has been reduced are actually
stabilising the agricultural markets within the meaning of                     processed or used in ^pain^
Articlet^^ofRegulation^EEC^o^^B^O.
                                                                         — a l l o t h e r d e t a i l e d r u l e s f o r implementing this Regu
^.      Ravmentsbvtheinterventionagencvforbuvingin                             lation^ and in particular those relating to the issue of
as provided for in paragraph t shall be borne bv the                           import licences^ such rules mav stipulate that the
C^ommunitv as thev arise and shall be treated in the same                      licences mav be issued onlv in ^pain^ after
^vav as the expenditure referred to in A r t i c l e ^ o f R e g u             Commission endorsement.
lation ^ E E ^ ^ o U ^ B ^ The Spanish intervention
agencv shall record the value of the merchandise
purchased a t a p r i c e of ^zero^in the account referredto
inAAicle^ofRegulation^EEoS^ot^^B^                                        T h i s R e g u l a t i o n s h a l l e n t e r i n t o f o r c e o n t h e d a v o f its
                                                                         publication in the C ^ c ^ ^ ^ r ^ ^ ^ ^                                        ^r^^^
Theprovisionsof the last subparagraphof Article Dof
council Regulation ^ E E ^ ^ o t ^ ^ B ^ shall not applv
to the financing of phvsical operations resulting from the               This Regulation shall be binding in its entirety and
storage of the products purchased.                                       directlv applicable in all member states.
C^^^Di^^t^tt                    t^t,Dt