31. 12. 93 Official Journal of the European Communities No L 333/13 'COUNCIL REGULATION (EC) No 3640/93 of 17 December 1993 on special arrangements for imports of maize and sorghum into Spain for the year 1993 THE COUNCllL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof, Having regard to Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricul- tural policy ('), and in particular Article 3 (2) thereof, Having regard to the proposal from the Commission, Whereas, pursuant to Council Regulation (EEC) No 991/93 of 23 April 1993 extending the measures taken under the Agreement between the European _Economic Community and the United States of America for the conclusion of the negotiations under GATT Article XXIV.6 (3, the Community undertook, in respect of the year 1993, to open a quota for imports into Spain -of two million tonnes of maize and 300 000 tonnes of sorghum minus the quantities of certain grain substitutes imported into that country during the same year ; whereas the quantities of maize and sorghum imported must be used or processed in Spain ; whereas the Community has sole competence for the said Agreement; Whereas, to ensure that this Agreement is implemented, - the extended arrangements provide for direct purchase on the world market or application of a levy reduction system ; whereas, however, imports of maize and sorghum into Spain effected on preferential terms may create diffi- culties for the Community market ; whereas, to overcome that difficulty, provision should be made for the possib- ility of applying a countervailing duty to processed products exported either to third countries or to the rest of the Community; Whereas the cumulation of the advantages provided for under the arrangements established by Regulation (EEC) No 715/90 () applicable to" imports into the Community of sorghum and maize originating in the African, Carib- bean and Pacific (ACP) States or in the overseas countries and territories or, on the other hand, pursuant to this Regulation is liable to create disturbances on the Spanish (") OJ No L 94, 28. 4. 1970, p. 3. Regulation as last amended by Regulation (EEC) No 2048/88 (O] No L 85, 15.7.1988, p. 1). (3 OJ No L 104, 29. 4. 1993, p. 1. (*) OJ No L 84, 30. 3. 1990, p. 85. Regulation as last amended by Commission Regulation (EEC) No 444/92 (O] No L 52, 27. 2. 1992, p. 7). cereals market ; whereas that difficulty can be overcome by setting a special reduction of the levy on maize and sorghum imported under this Regulation ; Whereas provisions are required to cover the operations arising from this Regulation according to the mechanisms laid down by Regulation (EEC) No 729/70 and by Council Regulation (EEC) No 1883/78 of 2 August 1978 laying down general rules for the financing of interven- tions by the European Agricultural Guidance Guarantee Fund, Guarantee Section (), HAS ADOPTED THIS REGULATION : Article 1 For 1993 imports from third countries, for free circulation in Spain, of a maximum quantity of two million tonnes of maize and 300 000 tonnes of sorghum shall be effected as provided for in the following Articles. Article 2 1. The quantities referred to in Article 1 shall be reduced in proportion to any quantities of maize gluten, brewers’ grains and citrus pulp imported into Spain from third countries during the year 1993. Where it is ascer- tained that the quantities of such products imported into Spain under the cover of documents establishing their Community status develop abnormally, the necessary ‘action shall be taken in accordance with the procedure laid down in Article 23 of Regulation (EEC) No 1766/92 (). 2. The quantities of maize and sorghum referred to in Article 1 shall be allocated to processing or use in Spain. Article 3 1. Without prejudice to Atticle 4, in respect of imports of maize and sorghum into Spain, but within the quanti- tative limits set in Article 2, a reduction shall be applied to the levy fixed in accordance with Article 10 of Regula- tion (EEC) No 1766/92. (9 OJ No L 216, 5. 8. 1978, p. 1. Regulation as last amended by Regulation (EEC) No 787/89 (O] No L 85, 30. 3. 1989, p. 1). () OJ No L 181, 1. 7. 1992, p. 21,