(1)

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 administration of the imports concerned.

(2)

The period laid down for the import of maize and sorghum into Spain under the tariff quota is the 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.

(3)

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. Consequently, the period during which imports of maize and sorghum into Spain may be booked against a year should be extended.

(4)

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 arrangements 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 check are analysis of the imported goods and the 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)

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.

(6)

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.

(7)

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 comprehensive reform of the system of quotas, the 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.

(8)

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