1991R0862 — EN — 29.11.2005 — 002.001

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

Amended by:









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COMMISSION REGULATION (EEC) No 862/91

of 8 April 1991

laying down detailed rules applying Council Regulation (EEC) No 3491/90 to imports of rice originating in Bangladesh







THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 3491/90 of 26 November 1990 on imports of rice originating in Bangladesh ( 1 ), and in particular Article 3 thereof, Having regard to Council Regulation (EEC) No 1676/85 of 11 June 1985 on the value of the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy ( 2 ), as last amended by Regulation (EEC) No 2205/90 ( 3 ), and in particular Article 5 (3) thereof, Having regard to the opinion of the Monetary Committee, Whereas Regulation (EEC) No 3491/90 lays down that the levy calculated in accordance with Article 11 of Council Regulation (EEC) No 1418/76 ( 4 ), as last amended by Regulation (EEC) No 1806/89 ( 5 ), shall be reduced by 50 % plus a standard component varying according to the extent to which the rice is milled, provided that a corresponding tax is paid when the rice is exported from the third country concerned; Whereas since the exact amount of export tax can be collected only if the levy that will be applied on import into the Community is known, the import levy must be fixed in advance; Whereas it is necessary to ascertain that the exporting country has actually collected an export tax of an amount corresponding to the reduction in the levy applied; Whereas Article 3b of Commission Regulation (EEC) No 3152/85 of 11 November 1985 laying down detailed rules for the application of Regulation (EEC) No 1676/85 on the value of the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy ( 6 ), as last amended by Commission Regulation (EEC) No 3237/90 ( 7 ), determined the rate to be used for the conversion of the amount expressed in the national currency of a third country into the national currency of a Member State; Whereas Regulation (EEC) No 3491/90 also lays down that the reduced levy may be applied only where a certificate of origin is provided; whereas the provisions of Commission Regulation (EEC) No 3850/89 of 15 December 1989 laying down provisions for the implementation of Council Regulation (EEC) No 802/68 of 27 June 1968 on the common definition of the concept of the origin of the goods in respect of certain agricultural products subject to special import arrangements ( 8 ) should be applied and the terms of validity of the certificate of origin should be fixed; Whereas suitable administrative measures should be laid down in order to ensure that the volume of the quota fixed is not exceeded; Whereas, for the purposes of managing the quota, Member States must inform the Commission of the quantities for which import licences for rice originating in Bangladesh have been applied for; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, HAS ADOPTED THIS REGULATION:







Article 1

The amounts of the levies referred to in Article 1 (1) of Regulation (EEC) No 3491/90 shall be calculated each week by the Commission on the basis of the levies laid down in accordance with Article 11 of Regulation (EEC) No 1418/76.

Article 2

1. For imports made under Regulation (EEC) No 3491/90, Regulation (EEC) No 3850/89 shall be applied with regard to the documentary proof of origin of the goods.

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The certificate of origin to be used shall be made out on a form, a specimen of which is given in Annex I.

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2. The certificate of origin referred to in paragraph 1 shall be valid for 90 days from the date of issue and up to 31 December of the same year at the latest.

3. The competent authority for issuing certificates of origin shall be the Export Promotion Bureau of Bangladesh.

Article 3

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1. The proof referred to in the first indent of Article 1(2) of Regulation (EEC) No 3491/90 shall be constituted by the competent authorities in Bangladesh entering under ‘Remarks’ in the certificate of origin one of the entries listed in Annex II.

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2. Where the tax collected by the exporting country is less than the reduction referred to in Article 1 (1) of Regulation (EEC) No 3491/90, the reduction shall not exceed the amount collected.

3. The exchange rate to be used for converting the import tax collected in Bangladesh into the currency of the importing Member State shall be that referred to in Article 3b of Regulation (EEC) No 3152/85 valid on the day of advance fixing of the levy.

Article 4

1. In addition to fulfilling the other conditions laid down by Community rules, the application for an import licence and the import licence itself, in order to qualify for the reduced levy referred to in Article 1 of Regulation (EEC) No 3491/90, must include:

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(a) in boxes 20 and 24, one of the entries listed in Annex III;

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(b) in box 8, the word ‘Bangladesh’.

2. The import licence, issued for a quantity not exceeding that entered on the certificate of origin referred to in Article 2, obliges the importer to import from Bangladesh. The import levy must be fixed in advance.

3. The import licence referred to in paragraph 1 shall be issued on the fifth working day following the date on which the application was submitted, provided no measure suspending the advance fixing of the levy has been taken during that period and that the quantity qualifying for the reduced levy has not been exhausted.

4. When the quantities applied for exceed the quantities for which a reduced levy is granted, the Commission shall fix a uniform percentage reduction of the quantities applied for.

In such cases, the licence shall be issued for the quantities resulting from the application of this uniform percentage reduction to the quantities applied for.

If this percentage, however, results in a licence for a quantity of less than 20 tonnes being issued, the operator may withdraw his or her application and the related security shall be released. Member States shall inform the Commission, during the following two days at the latest, of the quantities for which applications have been withdrawn.

5. When the quantity for which the import licence is issued is lower than the quantity applied for, the amount of the security shall be reduced accordingly.

Article 5

Member States shall inform the Commission by telex of:

(a) the quantities of each type of rice originating in Bangladesh that have been the subject of an application for an import licence;

(b) the quantities of each type of rice in respect of which an import licence has actually been issued, giving the date and the exporting country (Bangladesh);

(c) the quantities of each type of rice for which a licence was issued but not used;

(d) the quantities of each type of rice for which import licences have been cancelled within the meaning of Article 36 of Commission Regulation (EEC) No 3719/88 ( 9 ).

This information must be communicated separately from the information relating to other applications for import licences in the rice sector and in accordance with the same procedures.

Article 6

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.

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









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ANNEX I

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ANNEX II

Entries referred to in Article 3(1)







In Spanish: Derecho especial percibido a la exportación del arroz In Czech: Zvláštní poplatek vybraný při vývozu rýže In Danish: Særafgift, der opkræves ved eksport af ris In German: Bei der Ausfuhr von Reis erhobene Sonderabgabe In Estonian: Riisi ekspordi suhtes kohaldatav erimaks In Greek: Ειδικός δασμός που εισπράττεται κατά την εξαγωγή ρυζιού In English: Special charge collected on export of rice In French: Taxe spéciale perçue à l'exportation du riz In Italian: Tassa speciale riscossa all'esportazione del riso In Latvian: Īpašs maksājums, kuru iekasē par rīsu eksportu In Lithuanian: Specialus mokestis, taikomas ryžių eksportui In Hungarian: A rizs exportálásakor beszedett különleges díj In Maltese: Taxxa speċjali miġbura ma’ l-esportazzjoni tar-ross In Dutch: Bij uitvoer van de rijst opgelegde bijzondere heffing In Polish: Specjalna opłata pobrana od eksportu ryżu In Portuguese: Taxa especial cobrada à exportação de arroz In Slovak: Zvláštny poplatok inkasovaný pri vývoze ryže In Slovene: Posebna dajatev, pobrana na izvoz riža In Finnish: Riisin viennin yhteydessä perittävä erityismaksu In Swedish: Särskild avgift som tas ut vid export av ris (amount in national currency)









ANNEX III

Entries referred to in Article 4(1)(a)

In Spanish : Bangladesh

In Czech : Bangladéš

In Danish : Bangladesh

In German : Bangladesch

In Estonian : Bangladesh

In Greek : Μπαγκλαντές

In English : Bangladesh

In French : Bangladesh

In Italian : Bangladesh

In Latvian : Bangladešā

In Lithuanian : Bangladešas

In Hungarian : Banglades

In Maltese : Bangladesh

In Dutch : Bangladesh

In Polish : Bangladesz

In Portuguese : Bangladesh

In Slovak : Bangladéš

In Slovene : Bangladeš

In Finnish : Bangladesh

In Swedish : Bangladesh