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"B COMMISSION REGULATION (EC) No 1503/96
of 29 July 1996
on the detailed rules for the application of Council Regulation (EC) No 3072/95 with regard to import
duties on rice
(OJ L 189, 30.7.1996, p. 71)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 2131/96 of 6 November 1996 L 285 6 7.11.1996
"M2 Commission Regulation (EC) No 703/97 of 18 April 1997 L 104 12 22.4.19971996R1503 — EN — 25.04.1997 — 002.001 — 1
COMMISSION REGULATION (EC) No 1503/96
of 29 July 1996
on the detailed rules for the application of Council Regulation (EC) No
3072/95 with regard to import duties on rice
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995
on the common organization of the market in rice (1), and in particular Article
11 (2) and (4) thereof,
Whereas the third subparagraph of Article 11 (2) of Regulation (EC) No
3072/95 lays down the method for calculating the percentage by which the
intervention price valid on the day of import is to be increased in order tocalculate the import duties on milled rice; whereas that method takes accountof the conversion rate, processing costs and the value of by-products and an
amount for the protection of industry; whereas the day of importation should
be fixed as the date of acceptance of the declaration by the customsauthorities as laid down in Article 67 of Council Regulation (EEC) No
2913/92 of 12 October 1992 establishing the Community Customs Code (
2),
as last amended by the Act of Accession of Austria, Finland and Sweden;
Whereas Article 11 of Regulation (EC) No 3072/95 provides that the rates of
duty in the Common Customs Tariff shall be levied on the products referred to
in Article 1 of that Regulation when they are imported; whereas, however, in
the case of products referred to in Article 11 (2) the import duty will be equalto the intervention price valid for those products on importation, increased bya certain percentage according to whether it is husked or milled rice, indica
rice or japonica rice, and minus the import price, provided that duty does not
exceed the rate of the Common Customs Tariff duties;
Whereas there are particular difficulties in the rice sector concerning the
verification of the value of imported products; whereas a system of flat-rate
values is therefore most suitable for the implementation of the results of the
Uruguay Round of negotiations; whereas, however, technical discussionsbetween the partners concerned are still in progress; whereas, pending theoutcome of those discussions, the system applied in 1995/96 should be
maintained as a precaution;
Whereas in order to classify the consignments imported, the products referred
to in Article 11 (2) of Regulation (EC) No 3072/95 must be subdivided into anumber of qualities; whereas the combined nomenclature codes to which
these qualities correspond must therefore be specified;
Whereas, for the purposes of calculating the import duty using the flat-rate
import value, the representative cif import prices should be calculated foreach of the qualities defined; whereas, for the purposes of establishing those
prices, price quotations for the different qualities of rice must be specified;
whereas these quotations should therefore be defined;
Whereas, in the interests of clarity and transparency, the quotations for the
different types of rice in publications by the Department of Agriculture of the
United States of America constitute an objective basis for establishingrepresentative cif import prices for rice in bulk; whereas representative priceson the United States market, the Thai market or of other origins may be
converted into representative cif import prices by adding the maritime freight
costs on the charter market between the ports of origin and the Communityport; whereas, taking account of the volume of freight and of trade in the portsof northern Europe, those ports constitute the Community destination for
which the quotations of maritime freight prices are best known publicly, are
most transparent and most easily available; whereas, therefore, the ports ofnorthern Europe (Antwerp, Rotterdam, Amsterdam, Gent) should be adoptedas the Community destination ports;
Whereas, in order to monitor the trends in representative cif import prices
thus established, it is appropriate to provide for weekly monitoring of theelements contributing to their calculation;!B
(1) OJ No L 329, 30. 12. 1995, p. 18.
(2) OJ No L 302, 19. 10. 1992, p. 1.1996R1503 — EN — 25.04.1997 — 002.001 — 2
Whereas, for the purposes of fixing import duties for the rice referred to in
Article 11 (2) of Regulation (EC) No 3072/95, a period of two weeks fordetermining representative cif import prices for rice in bulk takes account ofmarket trends without introducing elements of uncertainty; whereas, on this
basis, import duties for that product should be established taking account of
the average of representative cif import prices noted over the abovementionedperiod, every two weeks on a Wednesday, and on the last working day of eachmonth;
Whereas the import duty thus calculated can be applied over a two-week
period without substantially affecting import prices, duties paid; whereas,however, where no quotation is available for a given product over the period
of calculation of representative cif import prices or where, following sudden
changes in the elements making up the calculation, those representative cifimport prices undergo major fluctuations during the period in question,
measures must be taken in order to maintain the representative nature of the
cif import prices of the product concerned;
Whereas the price of basmati rice originating in India and Pakistan is
normally higher on the market than the established representative price;
whereas in 1993/94 the difference was of the order of ECU 250 per tonne in
the case of basmati rice originating in India and ECU 50 per tonne in the caseof basmati rice originating in Pakistan; whereas, as a result, the import duty
on those rice varieties should be reduced by the aforementioned amounts in
order to comply with the principle laid down in Article 11 of Regulation (EC)No 3072/95 and the Community’s international commitments;
Whereas, where there is no quotation, it is appropriate to continue to apply the
amount of duty fixed for the preceding period and, in the case of majorfluctuations in the quotation, the cost of maritime freight or the exchange rateused for the calculation of the representative cif import price of the product
concerned, the representative nature of that price must be restored, taking
account of those changes, by adjusting the duty fixed in line with thedifference noted; whereas, even where such adjustments are made, the regulardates for fixing duties will not be affected;
Whereas the Management Committee for Cereals has not delivered an opinion
within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
The import duties referred to in Article 11 (1) and (2) of Regulation (EC) No
3072/95 shall be those applicable at the time laid down in Article 67 ofRegulation (EEC) No 2913/92.
Article 2
The import duty for milled rice falling within CN code 1006 30 shall be equal
to the intervention price valid at the moment of import increased by:
— 163 % in the case of indica rice,
— 167 % in the case of japonica rice,
minus the import price.However, that duty must not exceed the rates of duty in the Common Customs
Tariff.
Article 3
1. For the purposes of this Regulation indica rice shall be deemed to be rice
falling within CN codes 1006 20 17, 1006 20 98, 1006 30 27, 1006 30 48,1006 30 67 and 1006 30 98.
2. Any other products falling within CN codes 1006 20 and 1006 30 shall
be deemed to be japonica rice.!B1996R1503 — EN — 25.04.1997 — 002.001 — 3
Article 4
1. The import duties for the products referred to in Article 3 shall be
calculated every week but shall be fixed by the Commission every two weeks
on a Wednesday and on the last working day of the months of March, April,
May, June and August, in accordance with the method provided for in Article5 and shall apply from the first working day following their fixing and thefirst day of the following month, respectively.
However, if the calculation of the week following this fixing shows that the
import duty is higher or lower by ECU 10 per tonne than the duty in force, a
corresponding adjustment shall be made by the Commission.
The fixing carried out on the last working day of the months of March, April,
May and June shall be based on the intervention price for the following month
which shall be subject to monthly increases in accordance with Article 3 (2)of Regulation (EC) No 3072/95.
Where the Wednesday on which import duties would be fixed is not a working
day for the Commission, the duties shall be fixed on the first working dayfollowing that Wednesday.
2. The price valid on the world market to be used for the calculation of the
import duty shall be the average of the weekly representative cif import prices
for rice in bulk determined using the method provided for in Article 5 and
established over the period of the two preceding weeks.
3. The import duties fixed in accordance with this Regulation shall apply
until new duties are fixed and enter into force.
However, where no quotation is available for a given product from the
reference source provided for in Article 5 over the two weeks preceding thenext periodic fixing, the import duty previously fixed shall remain in force.
Every time the duty is fixed or adjusted, the Commission shall publish the
import duties and the factors used for their calculation in the Official Journal
of the European Communities .
Article 4 a
1. Basmati rice originating in India and Basmati rice of the varieties ‘Kernel
Basmati’ and ‘Super Basmati’ originating in Pakistan falling within CN codes
ex 1006 20 17 and ex 1006 20 98 may benefit from a reduction in the importduty of ECU 250 per tonne.
This amount may be revised in response to market trends, in particular as
regards the quantities imported.
However, the first and second subparagraphs shall not apply to rice imported
by CRS importers during the trial period in the framework, of the cumulativerecovery system provided for in Commission Regulation (EC) No 703/97 (
1).
2. Import licence applications and import licences for Basmati rice shall
include:
(a) in box 8, indication of the country of origin and the word ‘yes’ marked
with a cross;
(b) in box 20, one of the following:
— Arroz aromático de la variedad Basmati del código NC
1006 20 17/1006 20 98
— Aromatisk ris af sorten Basmati henhørende under KN-kode
1006 20 17/1006 20 98
— Aromatischer Reis der Sorte Basmati des KN-Codes
1006 20 17/1006 20 98!B
(1) OJ No L 104, 22. 4. 1997, p. 12!M1
!B
!M1
!B
!M1
!M2
!M11996R1503 — EN — 25.04.1997 — 002.001 — 4
—Αρωµατικ/omikronacute ρύ/dzetaι της π/omikronικιλίας Basmati τ/omikronυ κωδικ/omikronύ Σ/Omikron
1006 20 17/1006 20 98
—Aromatic rice of the Basmati variety falling within CN code
1006 20 17/1006 20 98
— Riz aromatique de la variété Basmati du code NC
1006 20 17/1006 20 98
— Riso aromatico della varietà Basmati del codice NC
1006 20 17/1006 20 98
— Aromatische Basmati-rijst van GN-code 1006 20 17/1006 20 98
— Arroz aromático da variedade Basmati do código NC
1006 20 17/1006 20 98
— CN-koodiin 1006 20 17/1006 20 98 kuuluvan Basmati-lajikkeen
aromaattinen riisi
— Aromatiskt ris av sorten Basmati med KN-nummer
1006 20 17/1006 20 98;
(c) in box 24, one of the following:
— Derecho de aduana reducido de 250 Ecu/t [Reglamento (CE) no
2131/96]
— Told nedsat med 250 ECU/ton (Forordning (EF) nr. 2131/96)— Um 250 Ecu/t ermäßigter Zollsatz (Verordnung (EG) Nr. 2131/96)—Μειωµέν/omikronς δασµ/omikronacuteς κατά 250 Ecuανά τ/omikronacuteν/omikron [καν/omikronνισµ/omikronacuteς (ΕΚ)
αριθ. 2131/96]
—Reduced duty by 250 Ecu/t (Regulation (EC) No 2131/96)
— Droit réduit de 250 Ecu/t [Règlement (CE) n
o2131/96]
— Dazio ridotto di 250 Ecu/t [Regolamento (CE) n. 2131/96]— Douanerecht verminderd met 250 ecu/t (Verordening (EG) nr.
2131/96)
— Direito reduzido de 250 Ecu/t [Regulamento (CE) n.
o2131/96]
— Tulli alennettu 250 eculla tonnilta (Asetus (EY) N:o 2131/96)
— Nedsättning av tull med 250 ecu/ton (Förordning (EG) nr 2131/96).
3. The import licence application for Basmati rice shall be accompanied by:— proof that the applicant is a natural or legal person who has been engaged
for at least 12 months in a commercial activity in the rice sector and whois registered in the Member State where the application is submitted,
— a certificate of authenticity for the product issued by the competent
bodies recognized by the Commission in the exporting country and listed
in Annex III.
4. The certificate of authenticity shall be drawn up on the form a specimen
of which is shown in Annex II.
The form shall have a format of approximately 210 × 297 millimetres. The
original shall be drawn up on paper allowing any mechanical or chemicalforgery to be detected.
The forms shall be printed and completed in English.The original and the copies thereof shall be completed either using a
typewriter or by hand. In the latter case, they must be completed in ink usingblock capitals.
Each certificate of authenticity shall bear a serial number in the right-hand
uppermost box. The copies shall bear the same number as the original.
5. The body issuing the import licence shall keep the original of the
certificate of authenticity and return a copy to the applicant.
The certificate of authenticity shall be valid for ninety days from the date of
its issue.
It shall be valid only if the boxes have been properly completed and if it has
been stamped in accordance with the instructions printed on it.!M11996R1503 — EN — 25.04.1997 — 002.001 — 5
6. Article 9 of Regulation (EEC) No 3719/88 (1) notwithstanding, the rights
arising from the import licence shall not be transferable.
7. The Member States shall forward to the Commission, by telex or fax, the
following information:
(a) not later than the second working day following their issue, the quantities
of Basmati rice for which import licences have been issued, stating thedate, CN code, country of origin and the names and addresses of theholders;
(b) where licences are cancelled, not later than the second working day
following the cancellation, the quantities for which the licences have been
cancelled and the names and addresses of the holders of the licencescancelled;
(c) on the last working day of the month following the month of release for
free circulation, the quantities actually released for free circulation,broken down by CN code and country of origin.
The above information must be forwarded separately from information on
other applications for import licences in the rice sector and following the
same procedures.
8. Article 10 of Regulation (EC) No 1162/95 notwithstanding, the security
for import licences for Basmati rice originating in India and Pakistan shall be
ECU 275 per tonne.
Article 5
1. To determine the import prices of the rice referred to in Article 11 (4) of
Regulation (EC) No 3072/95, the following factors shall be used for thedifferent types of rice in bulk referred to in Article 3:
(a) the cif price at Rotterdam;(b) the representative price on the Thai market;(c) the representative price on the United States market;
(d) the representative price on other markets;
(e) the average cost of sea freight between the port of origin and one of the
ports of Antwerp, Rotterdam, Amsterdam and Gent.
The import price shall normally be the price indicated under (a), but, in the
absence of such a price, shall be determined on the basis of the factors listed
under (b), (c) and (e); the prices referred to in (d) shall only be used in the
absence of the prices referred to under (a), (b) and (c).
In the absence of quotations for the cost of sea transport of rice, those for
cereals shall be used.
2. The factors used for the calculation shall be established and checked each
week on the basis of the sources and the reference qualities listed in Annex Ito this Regulation. The cost of sea freight shall be established on the basis of
information publicly available.
If the price established is expressed as C& F , it shall be increased by 0,75 %.
Article 6
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities .
It shall apply from 1 September 1996.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.!M1
(1) OJ No L 331, 2. 12. 1988, p. 1.!B1996R1503 — EN — 25.04.1997 — 002.001 — 6
ANNEX I
Indica rice Japonica rice
Husked Milled Husked Milled
CN code 1006 20 17
1006 20 981006 30 27
1006 30 481006 30 67
1006 30 981006 20 other than
1006 20 171006 20 981006 30 other than
1006 30 271006 30 48
1006 30 67
1006 30 98
Reference quality US long grain 2/4/73
US long grain parboiled
1/4/88Thai 100 % B US Gulf medium grain (
2)
Origin USA Thailand USA USA
Stage (1) cif loose
ARAGcif loose
ARAGcif loose
ARAGcif loose
ARAG
(1)Cif ARAG: quotation for North Sea ports (Antwerp, Rotterdam, Amsterdam, Gent).
(2)In the absence of this quality, other qualities of rice of the japonica type may be used.!B1996R1503 — EN — 25.04.1997 — 002.001 — 7
ANNEX II
!B1996R1503 — EN — 25.04.1997 — 002.001 — 8
ANNEX III
Competent bodies for the issue of the certificate of authenticity referred to in
Article 4 a
INDIA: — Export Inspection Council (Ministry of Commerce, Government
of India)
— Directorate of marketing and Inspection (Ministry of Agriculture
and Rural Development)
PAKISTAN: — Rice Export Corporation of Pakistan Ltd, Karachi.!M11996R1503 — EN — 25.04.1997 — 002.001 — 9