1995R3072 — EN — 30.01.1998 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL REGULATION (EC)No 3072/95
of 22 December 1995
on the common organization of the market in rice
(OJ L 329, 30.12.1995, p. 18)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 192/98 of 20 January 1998 L20 16 27.1.1998
Corrected by:
►C1Corrigendum, OJ L 80, 30.3.1996, p. 72 (3072/95)
1995R3072 — EN — 30.01.1998 — 001.001 — 2
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COUNCIL REGULATION (EC)No 3072/95
of 22 December 1995
on the common organization of the market in rice
THE COUNCIL OF THE EUROPEAN UNION,
HavingregardtotheTreatyestablishingtheEuropeanCommunity,and
in particular Articles 42 and 43 thereof,
Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament(
1),
HavingregardtotheopinionoftheEconomicandSocialCommittee(2),
(1)Whereas the new orientation of the common agricultural policy
should lead to better balance on the markets and improve thecompetitiveness of Community agriculture;
(2)Whereas the common organization of the market in rice mustincludeacommonpricesystemfortheCommunity;whereasthatsystem may be established by fixing an intervention price forpaddy rice valid for the whole Community at which thecompetent agencies are obliged to buy in the rice which isoffered to them;
(3)Whereas, under the Uruguay Round of multilateral trade nego-tiations, the Community has undertaken gradually to reduce thecustoms duties resulting from the tarification of the former levysystem;whereasthereductionincustomsdutiesmustbeaccom-panied by a fall in Community prices to enable the competitive-ness of the Community product to be maintained; whereas, topreventincomelossesforproducersresultingfromtheaforemen-tioned reduction in institutional prices, it is appropriate to estab-lish a system of compensatory payments for production grantedper hectare and intended to maintain present profitability levelsfor the crop, the amount of which is fixed on the basis of theenvisaged price reduction and the agronomic yields recorded inthevariousMemberStatesoveraperiodconsideredtoberepres-entative; whereas for this purpose it is appropriate to choose thehighest result between:
— theaverageofthethreeyearsobtainedbyeliminatingtheone
in which the yield is highest and the one in which the yieldwas lowest during the period 1990/91 to 1994/95,
— theaverageofthethreeyears1992/93,1993/94and1994/95;
(4)Whereas it is necessary to determine certain conditions
concerningclaimsforcompensatorypaymentsandtospecifythedate of payment to producers;
(5)Whereas the introduction of the aforementioned system ofcompensatory payments per hectare renders it appropriate to laydown a base area per producing Member State; whereas thatdetermination should reflect the area cultivated during the lastyear of production available in statistical terms; whereas,however,inordertotakeaccountofdrought,inthecaseofSpainand Portugal it is appropriate to take account of the last yearavailablebyregionexceptforregionsaffectedbydrought,wherethelastyearbeforethedroughtistakenintoaccount;whereasasregardsFrenchGuianaitisappropriatetolaydownthebaseareain accordance with the one which is the subject of the arrange-ments provided for in Article 3 (2) of Regulation (EEC) No3763/91 introducing specific measures in respect of certain agri-cultural products for the benefit of the French overseas depart-
(1) Opinion delivered on 14 December 1995 (not yet published in the Official
Journal).
(2) Opinion delivered on 23 November 1995 (not yet published in the Official
Journal).
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ments(1); whereas such a determination makes it possible to
maintainproductionobjectivescompatiblewiththerequirementsof the market and to comply with the undertakings acceptedunder the Uruguay Round of multilateral trade negotiationsconcerningtradeexports;whereascompliancewiththebaseareacanbeensured,intheeventofovershooting,byreducingtheaidsufficientlytodissuadeproducersfromexceedingthemaximum;
(6)Whereas a system of intervention should be set up in order tobalance the market; whereas the intervention period should belimited to four months in order to preserve the original purposeof intervention and to prevent it becoming an outlet in itself;
(7)Whereastheinterventionpriceshouldcontinuetobesubjecttoacertain number of monthly increases in order to take account,inter alia, of storage costs and financial charges for storing rice
intheCommunityandoftheneedtoensurethatthedisposalofstocks conforms to market requirements;
(8)Whereas there should be a production refund for rice starch andderived products by analogy with the refund laid down for theproductsreferredtoinArticle7ofCouncilRegulation(EEC)No1766/92 of 30 June 1992 on the common organization of themarket in cereals(
2) with which they compete;
(9)Wheres the creation of a single Community market for riceinvolves the introduction of a single trading system at theexternal frontiers of the Community; whereas a trading systemincluding import duties and export refunds, in addition to theintervention measures, should, in principle, stabilize theCommunity market; whereas the trading system is based on theundertakings given under the Uruguay Round of multilateraltrade negotiations; whereas certain types of rice at the variousstages of processing, in particular indica rice and japonica rice,are identified by means of CNcodes; whereas the possibility ofoperators knowing, before the arrival of the consignments inquestion, the charge to be applied, could facilitate the imple-mentation of international agreements;
(10)Whereas, in order to be able constantly to control trade move-ments, provision should be made for the issue of import andexport licences accompanied by the provision of a securityensuring that the transactions for which such licences arerequested are effected;
(11)Whereas, in order to avoid or curb the harmful effects on themarket in the Community that could result from the importationof certain products, the importation of one or more of suchproducts may be made subject to the payment of additionalcustomsdutiesifcertainconditionsaremet;whereasaprovisionto that effect should therefore be introduced;
(12)Whereas the Commission should be given responsibility foropening and administering the tariff quotas resulting from inter-national agreements;
(13)Whereasthepossibilityofgranting,onexporttothirdcountries,arefundequaltothedifferencebetweenpricesintheCommunityand on the world market, within the limits laid down within thecommitments accepted in the Uruguay Round of multilateraltrade negotiations is likely to preserve Community participationin international rice trade; whereas that possibility is subject tolimits expressed in terms of quantities and value;
(14)Whereas compliance with the limits in terms of value can beensured at the time when refunds are fixed and throughmonitoringofpaymentsundertherulesrelatingtotheEuropean
(1) OJ No L 356, 24. 12. 1991, p. 1.
(2) OJ No L 181, 1. 7. 1992, p. 21. Regulation as last amended by Regula-
tion (EC) No 1023/95 (OJ No L 103, 6. 5. 1995, p. 24).
1995R3072 — EN — 30.01.1998 — 001.001 — 4
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Agricultural Guidance and Guarantee Fund; whereas monitoringmay be facilitated by the compulsory advance fixing of refunds,while allowing the possibility, in the case of differentiatedrefunds,ofchangingthespecifieddestinationwithinageograph-ical area in which a single refund rate applies; whereas, in thecase of a change of destination, the refund applicable to theactualdestinationshouldbepaid,withaceilingattheleveloftheamount applicable to the destination fixed in advance;
(15)Whereas ensuring compliance with constraints in terms ofquantity calls for the introduction of a reliable and effectivesystem of monitoring; whereas, to that end, the granting ofrefunds should be made subject to an export licence; whereasrefunds should be granted up to the limits available, dependingon the particular situation of each product concerned; whereasexceptions to that rule can only be permitted in the case ofprocessedproductsnotlistedinAnnexIItotheTreaty,towhichvolumeceilingsdonotapply,andinthecaseoffood-aidopera-tions, which are exempt from any limitation; whereas provisionshould be made for derogations from strict compliance withmanagementruleswhereexportsbenefitingfromrefundsarenotlikely to exceed the quantity ceilings laid down; whereasmonitoring of the quantities exported with refunds during themarketing years referred to in the abovementioned internationalundertakings will be carried out on the basis of export licencesissued for each marketing year;
(16)Whereas, in addition to the system described above, and to theextent necessary for its proper working, provision should bemade for regulating recourse to inward and outward processingarrangements or, when the situation on the market so requires,prohibiting the use of such arrangements;
(17)Whereas the customs duty system makes it possible to dispensewithallotherprotectivemeasuresattheexternalfrontiersoftheCommunity; whereas, however, the price and customs dutymechanism may in exceptional circumstances prove defective;whereasinsuchcases,soasnottoleavetheCommunitymarketwithoutdefenceagainstdisturbanceswhichmayarisetherefrom,when the import obstacles previously existing have been abol-ished, the Community should be enabled to take all necessarymeasures;whereassuchmeasuresmustcomplywiththecommit-mentsacceptedintheUruguayRoundofmultilateraltradenego-tiations;
(18)Whereas provision should be made for the possibility of takingmeasures in cases where the Community market is disturbed orcouldbedisturbedinsuchawayastoendangertheattainmentoftheobjectivesinArticle39oftheTreatyasaresultofimportsorexports;
(19)Whereasthereisariskthatthereductionincommonpricesfromthe entry into force of this Regulation could entail disturbanceson the internal market; whereas, as a result, provision should bemadeforthepossibilityfortheCommissiontotakeallnecessarymeasures to prevent such disturbances;
(20)Whereas it is necessary that, as the common market in ricedevelops, the Member States and the Commission should keepeach other supplied with the information necessary for applyingthis Regulation; whereas this exchange of information is espe-cially necessary in the case of international commitments;
(21)Whereas the completion of a single market based on a commonprice system would be jeopardized by the granting of certainaids;whereas,therefore,theprovisionsoftheTreatywhichallowtheassessmentofaidsgrantedbyMemberStatesandtheprohibi-tion of those which are incompatible with the single marketshould be made to apply to rice;
(22)Whereas, in order to facilitate implementation of the aforemen-tioned provisions, a procedure should be provided for estab-
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CNcode Descriptionlishing close cooperation between Member States and the
Commission within the Management Committee for Cereals;
(23)Whereas the common organization of the market in rice musttake appropriate account, at the same time, of the objectives setout in Articles 39 and 110 of the Treaty;
(24)Whereas expenditure incurred by the Member States as a resultoftheobligationsarisingoutoftheapplicationofthisRegulationwillbefinancedbytheCommunityinaccordancewithArticles2and 3 of Council Regulation (EEC) No 729/70 of 21 April1970(
1) on the financing of the common agricultural policy;
(25)Whereas the common organization of the market in rice laiddown in Regulation (EEC) No 1418/76(
2) has been amended
several times; whereas, by reason of their number, theircomplexity and their dispersal among several Official Journals,these texts are difficult to use and thus lack the clarity whichshould be an essential feature of all legislation; whereas, underthesecircumstances,theyshouldbeconsolidatedinanewregula-tion and the aforementioned Regulation (EEC) No 1418/76should be repealed; whereas a large number of Council Regula-tions derived from the basic Regulation which no longer haveany legal basis should be repealed;
(26)Whereas the compensatory payment scheme makes monitoringnecessary;whereas,inordertoensureeffectivecontrol,provisionshould be made to introduce this aid scheme into the integratedadministrationandcontrolsystemlaiddowninRegulation(EEC)No 3508/92(
3),
HAS ADOPTED THIS REGULATION:
Article 1
1. The common organization of the market in rice shall comprise a
price and trading system and shall cover the following products:
(a)10061021 Riceinthehusk(paddyorrough)
10061023
10061025
10061027
10061092
10061094
10061096
10061098
100620 Husked(brown)rice
100630 Semi-milledorwhollymilledrice,
whetherornotpolishedorglazed
(b)10064000 Brokenrice
(c)11023000 Riceflour
11031400 Groatsandmealofrice
11032950 Pelletsofrice
11041991 Flakedrice
11081910 Ricestarch
(1) OJ No L 94, 28. 4. 1970, p. 13. Regulation as last amended by Regula-
tion (EEC) No 2048/88 (OJ No L 185, 15. 7. 1988, p. 1).
(2) OJ No L 166, 25. 6. 1976, p. 1. Regulation as last amended by Regula-
tion (EC) No 1530/95 (OJ No L 148, 30. 6. 1995, p. 5).
(3) OJ No L 355, 5. 12. 1992, p. 1. Regulation as amended by Regulation
(EC) No 3235/94 (OJ No L 338, 28. 12. 1994, p. 16).
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2. For the purposes of this Regulation, the terms ‘paddy rice',
‘huskedrice',‘semi-milledrice',‘whollymilledrice',‘roundgrainrice',‘medium grain rice',‘long grain rice'and ‘broken rice'are defined inAnnex A.
TITLE I
PRICES
Article 2
ThemarketingyearforalltheproductslistedinArticle1shallbeginon
1 September and end on 31 August of the following year.
Article 3
1. The intervention price for paddy rice shall be:
— ECU351,00/t for the 1996/97 marketing year,— ECU333,45/t for the 1997/98 marketing year,— ECU315,90/t for the 1998/99 marketing year,— ECU298,35/t for the 1999/2000 and subsequent marketing years.
The intervention price shall be fixed for a standard quality defined by
the Council acting by a qualified majority on a proposal from theCommission.
2. Theinterventionpriceshallbesubjecttomonthlyincreasesduring
each of the four months provided for in Article 4 (1). The price thusobtainedforthemonthofJulyshallremainvaliduntil31August.Theamounts of the monthly increases shall be determined in accordancewith the procedure laid down in Article 43 (2) of the Treaty.
3. Theinterventionpriceshallrelatetothewholesalestage,delivered
atwarehouse,beforeunloading.Itshallapplytoallinterventioncentresdesignated pursuant to Article 8.
Article 4
1. During the period from 1 April to 31 July the intervention agen-
ciesshallbuyinthequantitiesofpaddyricewhichareofferedtothemprovided the offers comply with conditions, in particular in respect ofquantity and quality, to be determined.
2. If the quality of the paddy rice offered is different from the
standard quality for which the intervention price has been fixed, theintervention price shall be adjusted by applying price increases orreductions. In order to ensure that production is orientated towardscertain varieties, price increases and reductions to be applied to theintervention price may be fixed.
3. Under conditions to be determined, intervention agencies shall
offerforsale,forexporttothirdcountriesorforsupplytotheinternalmarket, paddy rice bought in pursuant to paragraph 1.
Article 5
Special measures may be taken to:
— preventlarge-scaleapplicationofArticle4incertainregionsofthe
Community,
— make up for paddy rice shortages following natural disasters.
Article 6
1. Community rice producers may claim compensatory payment
under the conditions laid down in this Article and in accordance withdetailed rules to be determined.
2. The compensatory payment shall be fixed per hectare of land
under rice sown and shall be differentiated by Member State.
3. The amounts of the compensatory payment shall be as follows:
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ECU/ha 1997/98 1998/99►M11999/2000
andsubsequent
marketingyears ◄
Spain 111,44 222,89 334,33
France
— metropolitan territory 96,35 192,70 289,05
— Guiana 131,80 263,60 395,40
Greece 131,27 262,55 393,82
Italy 106,00 212,00 318,01
Portugal 106,18 212,36 318,53
Inordertopursueabetterorientationofproduction,theamountsofthecompensatorypaymentmaybe
varied by applying price increases or reductions depending on the variety.
Thecompensatorypaymentsshallbepaidbetween16Octoberand31Decemberfollowingthestartof
the marketing year in question.
4. AnationalbaseareaforeachproducerMemberStateisherebyestablished.However,forFrance,
twobaseareasareestablished,oneforthemetropolitanterritory,theotherforGuiana.Thebaseareasshall be as follows:
Spain: 104973ha,
France:— metropolitan territory: 24500ha— Guiana: 5500haGreece: 24891haItaly: 239259ha,Portugal: 34000ha
5. Wheretheareasgivenovertoriceinagivenyearexceedoneof
thebaseareasindicatedinparagraph4,areductionoftheamountofthecompensatorypaymentshallbeappliedtoallproducersinthebaseareain question for the same production year equal to:
— three times the rate of overrun if it is less than 1%,— fourtimestherateofoverrunifitisequaltoorgreaterthan1%but
less than 3%,
— fivetimestherateofoverrunifitisequaltoorgreaterthan3%but
less than 5%,
— six times the rate of overrun if it is equal to or greater than 5%.
▼
M1
Where the preceding subparagraph is applied, the Member Stateconcerned shall, before a date fixed in accordance with the procedurelaid down in Article 22 of this Regulation, determine the scale of thereductions to be applied to the compensatory payment. It shall previ-ously inform the Commission and as quickly as possible thereof.
▼
B
►M1 ◄Member States shall provide the Commission
withdetailedinformation,brokendownbyvariety,onareas,yieldsandproduction, and stocks at producers and processors. Such informationmust be based on a system providing for compulsory declarations byproducers and processors set up, administered and monitored by theMember State.
Article 7
1. Under conditions to be determined, a production refund may be
grantedforstarchandcertainderivedproducts,obtainedfromriceandbroken rice, used in the manufacture of certain products.
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2. The refund referred to in paragraph 1 shall be fixed periodically.
Article 8
Detailed rules for the application of this Title shall be adopted in
accordance with the procedure laid down in Article 22, in particular:
(a) thelistofinterventioncentresprovidedforinArticle3(3).Thislist
shall be adopted after consultation with the Member Statesconcerned and shall include in particular intervention centres insurplus areas which have sufficient premises and technical equip-ment and are in a favourable situation as regards means of trans-port;
(b) detailedrulesfortheapplicationofArticle4.Theseshallcomprise
in particular:
— the minimum quality and quantity required for intervention,— the price increases and reductions applicable to intervention,— the procedures and conditions for taking over by the interven-
tion agencies and any other rules relating to intervention,
— the procedures and conditions for disposal by the intervention
agencies;
(c) the type and application of the measures provided for in Article 5;
(d) detailedrulesfortheapplicationofArticle6andthepriceincreases
and reductions applicable to the compensatory payment;
(e) detailed rules for the application of Article 7 and for fixing the
refunds and establishing the list of products provided for in thatArticle.
TITLE II
TRADE WITH THIRD COUNTRIES
Article 9
1. Imports into the Community, or exports thereform, of any of the
productslistedinArticle1shallbesubjecttopresentationofanimportor export licence.
Licences shall be issued by the Member States to any applicant, irres-
pective of his place of establishment in the Community and withoutprejudice to measures taken for the application of Articles 13 and 14.
Import and export licences shall be valid throughout the Community.
Such licences shall be issued subject to the lodging of a securityguaranteeingthattheproductsareimportedorexportedduringthetermofvalidityofthelicence;exceptincasesof forcemajeure ,thesecurity
shall be forfeited in whole or in part if import or export is not carriedout, or is only carried out partially, within that period.
2. The term of validity of licences and other detailed rules for the
application of this Article shall be adopted in accordance with theprocedure laid down in Article 22.
Article 10
1. A subsidy may be fixed for consignments to the French overseas
department of Réunion, intended for consumption there, of productsfalling within CNcode 1006 (excluding code 10061010) which comefrom the Member States and are in one of the situations referred to inArticle 9 (2) of the Treaty.
Thatsubsidyshallbefixed,takingintoaccountthesupplyrequirements
of the Réunion market, on the basis of the difference between thequotations or prices of the relevant products on the world market andthe quotations or prices of those products on the Community market,and, if necessary, the price of those products delivered to Réunion.
Thesubsidyshallbegrantedonapplicationbythepartyconcerned.The
subsidy may be fixed, where appropriate, by a tendering procedure.Such tendering procedure shall relate to the amount of the subsidy.
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The subsidy shall be fixed periodically in accordance with the proce-dure laid down in Article 22. However, where the need arises, theCommissionmay,intheinterval,attherequestofaMemberStateoronits own initiative, alter the subsidy.
2. Therulesonthefinancingofthecommonagriculturalpolicyshall
apply to the subsidy provided for in paragraph 1.
3. DetailedrulesfortheapplicationofthisArticleshallbeadoptedin
accordance with the procedure laid down in Article 22.
Article 11
1. UnlessthisRegulationprovidesotherwise,theratesofdutyinthe
CommonCustomsTariffshallapplytotheproductslistedinArticle1.
2. Notwithstanding paragraph 1, the import duty on:
(a) husked rice falling within CNcode 100620 shall be equal to the
intervention price valid on importation, increased by:
— 80% in the case of husked rice falling within CNcodes
10062017 and 10062098,
— 88% in the case of husked rice falling within CNcodes other
than 10062017 or 10062098,
minus the import price; and
(b) whollymilledricefallingwithinCNcode100630shallbeequalto
the intervention price at the time of importation, plus a percentageto be calculated and minus the import price.
However, that duty may not exceed the rate of duty in the Common
Customs Tariff.
The percentage referred to in (b) shall be calculated by adjusting the
respective percentage referred to in (a) by reference to the conversionrate,processingcostsandthevalueofby-products,andthenaddinganamount for the protection of the industry.
3. Notwithstanding paragraph 1:
(a) no duty shall be charged on imports of products falling within CN
codes 100610, 100620 or 10064000 into the French overseasdepartment of Réunion, intended for consumption there;
(b) the duty to be charged on imports of products falling within CN
code 100630 into the French overseas department of Réunion,intendedforconsumptionthere,shallbemultipliedbyacoefficientof 0,30.
4. DetailedrulesfortheapplicationofthisArticleshallbeadoptedin
accordance with the procedure laid down in Article 22. Such detailedrules shall in particular:
— fix the conversion rates for rice at various states of processing, the
processing costs and the value of by-products referred to in para-graph 2,
— fix the amount for the protection of the industry and include the
necessary provisions for determining and calculating import pricesand checking their authenticity,
— include the possibility, if appropriate, in specific cases, of enabling
operators to know the charge which will be applied prior to theconsignments concerned.
Article 12
1. Without prejudice to Article 11 (2), in order to prevent or coun-
teractadverseeffectsonthemarketintheCommunitywhichmayresultfrom imports of certain products listed in Article 1, imports of one ormoreofsuchproductsattherateofdutylaiddowninArticle11shallbesubjecttopaymentofanadditionalimportdutyiftheconditionssetout in Article 5 of the Agreement on Agriculture concluded in accord-ance with Article 228 of the Treaty in the framework of the UruguayRound of multilateral trade negotiations have been fulfilled unless the
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imports are unlikely to disturb the Community market, or where theeffects would be disproportionate to the intended objective.
2. Thetriggerpricesbelowwhichanadditionaldutymaybeimposed
shallbethoseforwardedbytheCommunitytotheWorldTradeOrgan-ization.
The trigger volumes to be exceeded in order to have the additional
import duty imposed shall be determined particularly on the basis ofimports into the Community in the three years preceding the year inwhichtheadverseeffectsreferredtoinparagraph1ariseorarelikelytoarise.
3. The import prices to be taken into consideration for imposing an
additionalimportdutyshallbedeterminedonthebasisofthecifimportprices of the consignment in question.
The cif import prices to be taken into consideration for this purpose
shallbedeterminedonthebasisofrepresentativepricesfortheproductinquestionontheworldmarketorontheCommunityimportmarketforthe product.
4. The Commission shall adopt detailed rules for the application of
this Article in accordance with the procedure laid down in Article 22.Such detailed rules shall concern in particular:
(a) theproductstowhichadditionalimportdutiesmaybeappliedunder
the terms of Article 5 of the Agreement on Agriculture and thespecialprovisionstobeappliedtotheproductsreferredtoinArticle11 (2) with particular regard to the provisions for determining theimport prices to be taken into consideration for the purpose ofapplying an additional import duty;
(b) thefixingoftherepesentativepricesandtheothercriterianecessary
toensureapplicationofparagraph1inaccordancewithArticle5ofthe said Agreement.
Article 13
1. TotheextentnecessarytoenabletheproductslistedinArticle1to
beexportedwithoutfurtherprocessingorintheformofgoodslistedinAnnexBonthebasisofquotationsorpricesforthoseproductsontheworldmarketandwithinthelimitsresultingfromagreementsconcludedin accordance with Article 228 of the Treaty, the difference betweenthosequotationsorpricesandpricesintheCommunitymaybecoveredby an export refund.
ExportrefundsontheproductslistedinArticle1intheformofgoods
listed in Annex B may not be higher than those applicable to suchproducts exported without further processing.
2. The method to be adopted for the allocation of the quantities
which may be exported with a refund shall be the method which:
(a) is most suited to the nature of the product and the situation on the
market in question, allowing the most efficient possible use of theresource available, taking into account the effectiveness and struc-ture of Community exports without, however, creating discrim-ination between large and small operators;
(b) is the least cumbersome administratively for operators, taking
account of administrative requirements;
(c) prevents any discrimination between the operators concerned.
3. Refunds shall be the same for the whole Community. They may
vary according to destination, where the world market situation or thespecific requirements of certain markets make this necessary.
Refunds shall be fixed in accordance with the procedure laid down in
Article 22. Refunds may be fixed:
(a) at regular intervals;
(b) by invitation to tender for products for which that procedure was
laid down in the past.
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Refundsfixedatregularintervalsmay,wherenecessary,beadjustedin
the intervening period by the Commission at the request of a MemberState or on its own initiative.
RefundsfixedatregularintervalsfortheproductsreferredtoinArticle
1 (1) (a) and (b) shall be fixed at least once a month.
4. Thefollowingshallbetakenintoaccountwhenrefundsarebeing
fixed:
(a) the existing situation and future trends with regard to:
— prices and availability of rice and broken rice on the
Community market;
— prices of rice and broken rice on the world market;
(b) the aims of the common organization of the market in rice, which
aretoensureequilibriumandthenaturaldevelopmentofpricesandtrade on this market;
(c) limits resulting from agreements concluded in accordance with
Article 228 of the Treaty;
(d) the need to avoid disturbances on the Community market;
(e) the economic aspects of the proposed exports.
When the amount of the refund is set, account shall be taken in
particular of the need to establish a balance between the use of basicCommunityagriculturalproductsforexportasprocessedgoodstothirdcountriesandtheuseofbasicagriculturalproductsfromthesecountriesadmitted for inward processing.
5. Refunds for products listed in Article 1 (1) (a) and (b) shall be
fixed in accordance with the following specific criteria:
(a) prices for those products obtaining on the various representative
export markets of the Community;
(b) the most favourable quotations recorded on the various markets of
importing third countries; and
(c) marketingcostsandthemostfavourabletransportchargesfromthe
Community markets referred to in (a) to ports or other points ofexport in the Community serving these markets, as well as costsincurred in placing the goods on the world market.
6. Whererefundsarefixedbyatenderingprocedure,suchtendering
procedure shall relate to the amount of the refund.
7. Refunds on products listed in Article 1 and exported without
furtherprocessingshallonlybegrantedonapplicationandonpresenta-tion of the relevant export licence.
8. The refund applicable to exports of products listed in Article 1
exported without further processing shall be that applicable on the dayofapplicationforthelicenceand,inthecaseofadifferentiatedrefund,that applicable on the same day for:
(a) the destination indicated on the licence;
or
(b) the actual destination if it differs from the destination indicated on
thelicence.Inthatcase,theamountapplicablemaynotexceedtheamount applicable for the destination indicated on the licence.
Appropriate measures may be taken to prevent abuse of the flexibility
provided for in this paragraph.
9. Paragraphs7and8maybeappliedtoproductslistedinArticle1
andexportedintheformofgoodslistedinAnnexBinaccordancewiththe procedure laid down in Article 16 of Regulation (EC) No 3448/93(
1).
(1) OJ No L 318, 20. 12. 1993, p. 18.
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10. Paragraphs7and8maybewaivedinthecaseofproductslistedin Article 1 on which refunds are paid under food-aid operations, inaccordance with the procedure laid down in Article 22.
11. Saveasotherwiseprovidedinaccordancewiththeprocedurelaid
downinArticle22,therefundonproductslistedinArticle1(1)(a)and(b) applicable in accordance with paragraph 4 shall be adjusted in linewith the amount of monthly increases applicable to the interventionpriceand,whereappropriate,variationsinthatprice,dependingonthedegree of processing and using the applicable conversion rate.
Acorrectiveamountmaybefixedinaccordancewiththeprocedurelaid
down in Article 22. However, the Commission may, where necessary,alter the corrective amounts.
Thefirstandsecondsubparagraphsmaybeapplied,inwholeorinpart,
toproductslistedinArticle1(1)(c)andtoproductslistedinArticle1and exported in the form of goods listed in Annex B. In that case, theadjustment referred to in the first subparagraph shall be corrected byapplyingacoefficientexpressingtheratiobetweenthequantityofbasicproductandthequantityofthelattercontainedintheprocessedproductexported or used in the goods exported.
12. The refund on the products referred to in Article 1 (a) and (b)
shall be paid upon proof that:
—►
M1the products have been wholly obtained in the Community
withinthemeaningofArticle23ofRegulation(EEC)No2913/92,except where paragraph 13 applies ◄,
— the products have been exported from the Community,
and
— inthecaseofadifferentiatedrefund,theproductshavereachedthe
destinationindicatedonthelicenceoranotherdestinationforwhicharefundwasfixed,withoutprejudicetoparagraph8(b).Exceptionsmay be made to this rule in accordance with the procedure laiddown in Article 22, provided conditions are laid down which offerequivalent guarantees.
Additionalprovisionsmaybeadoptedinaccordancewiththeprocedure
laid down in Article 22.
13.►
M1No export refund shall be granted on rice imported from
and re-exported to third countries, unless the exporter proves that:
— theproducttobeexportedandtheproductpreviouslyimportedare
one and the same,
— alltheimportdutieswerecollectedontheproduct’sreleaseforfree
circulation. ◄
In such cases the refund on each product shall be equal to the duties
collected on importation where the latter are lower than the refundapplicable, where the duties collected on importation are higher thanthat refund, the latter shall apply.
14. Compliancewiththelimitsonvolumesarisingfromagreements
concludedinaccordancewithArticle228oftheTreatyshallbeensuredon the basis of the export licences issued for the reference periodsprovided for therein and applicable to the products concerned. Withregardtocompliancewiththeobligationsarisingundertheagreementsconcluded as part of the Uruguay Round, the ending of a referenceperiod shall not affect the validity of export licences.
15. DetailedrulesfortheapplicationofthisArticle,includingprovi-
sionsconcerningthereallocationofquantitiesexportednotallocatedornotused,inparticularasregardstheadjustmentreferredtoinparagraph11, shall be adopted in accordance with the procedure laid down inArticle 22. Annex B shall be amended in accordance with the sameprocedure.However,detailedrulesfortheapplicationofparagraph7toproducts referred to in Article 1 and exported in the form of goodsreferred to in the Annex shall be adopted in accordance with theprocedure laid down in Article 16 of Regulation (EC) No 3448/93.
1995R3072 — EN — 30.01.1998 — 001.001 — 13
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Article 14
1. To the extent necessary for the proper working of the common
organization of the market in rice, the Council, acting on a proposalfrom the Commission in accordance with the procedure laid down inArticle43(2)oftheTreaty,mayinspecialcasesprohibitinwholeorinparttheuseofinwardoroutwardprocessingarrangementsinrespectofproducts listed in Article 1.
2. Bywayofderogationfromparagraph1,ifthesituationreferredto
in paragraph 1 arises with exceptional urgency and the Communitymarketisdisturbedorisliabletobedisturbedbytheinwardoroutwardprocessing arrangements, the Commission shall, at the request of aMember State or on its own initiative, decide upon the necessarymeasures;theCouncilandtheMemberStatesshallbenotifiedofsuchmeasures,whichshallbevalidfornomorethansixmonthsandshallbeimmediately applicable. If the Commission receives a request from aMemberState,itshalltakeadecisionthereonwithinaweekfollowingreceipt of the request.
3. The Commission decision may be referred to the Council by any
Member State within a week of the day on which it was notified. TheCouncil, acting by a qualified majority, may confirm, amend or repealthe Commission decision. If the Council has not acted within threemonths, the Commission decision shall be deemed to have beenrepealed.
Article 15
1. Thegeneralrulesfortheinterpretationinthecombinednomencla-
ture and the special rules for its application shall apply to the tariffclassificationofproductscoveredbythisRegulation;thetariffnomen-clature resulting from the application of this Regulation, including thedefinitions listed in Annex A, shall be incorporated in the CommonCustoms Tariff.
2. SaveasotherwiseprovidedforinthisRegulationorinprovisions
adopted pursuant thereto, the following shall be prohibited:
— the levying of any charge having equivalent effect to a customs
duty,
— theapplicationofanyquantitativerestrictiononimportsormeasure
having equivalent effect.
Article 16
1. Where the quotations or prices on the world market for one or
more of the products listed in Article 1 (a) and (b) reach the level ofCommunitypricesandwherethatsituationislikelytocontinueandtodeteriorate,therebydisturbingorthreateningtodisturbtheCommunitymarket, appropriate measures may be taken.
2. Quotations or prices on the world market shall be regarded as
having reached the level of Community prices when they approach orexceed the intervention price, increased by:
— 80% in the case of the husked rice falling within CNcodes
10062017 and 10062098,
and
— 88% in the case of the husked rice falling within CNcodes other
than 10062017 or 10062098.
3. Thesituationreferredtoinparagraph1shallberegardedaslikely
topersistordeterioratewherethereisanimbalancebetweensupplyanddemand and where that imbalance is likely to continue in view offoreseeable production and market price trends.
4. The Community market shall be regarded as being disturbed or
threatenedwithdisturbance,asaresultofthesituationreferredtointheprecedingparagraphs,whereinternationaltradepricesaresohighastoimpede importation of products listed in Article 1 into the Communityor to provoke their export from the Community, thereby jeopardizingmarket stability or security of supplies.
1995R3072 — EN — 30.01.1998 — 001.001 — 14
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5. WheretheconditionsinthisArticlearemet,thefollowingmeas-ures may be taken:
— applicationofanexportlevy;inaddition,aspecialexportlevymay
be determined by a tendering procedure in respect of a fixedquantity,
— fixing of a time limit for the issue of export licences,— total or partial suspension of the issue of export licences,— total or partial rejection of outstanding applications for the issue of
export licences.
Thesemeasuresshallberepealedatthelatestwhenitisfoundthat,for
aperiodofthreeconsecutiveweeks,theconditionstatedinparagraph2is no longer fulfilled.
6. Thefollowingshallbetakenintoaccountwhenanexportlevyis
being fixed for products listed in Article 1 (1) (a) and (b):
(a) the existing situation and the future trend with regard to:
— prices and availability of rice on the Community market,— prices for rice and processed products in the rice sector on the
world market;
(b) the aims of the common organization of the market in the rice
sector, which are to ensure equilibrium for both supply and trade;
(c) the need to avoid disturbances on the Community market;
(d) the economic aspect of the exports.
7. WhentheexportlevyontheproductslistedinArticle1(1)(c)is
beingfixed,thefactorslistedinparagraph6shallapply.Inaddition,thefollowing specific factors shall be taken into account:
(a) pricesobtainingforbrokenriceonthevariousCommunitymarkets;
(b) the quantity of broken rice necessary to manufacture the products
under consideration and, where appropriate, the value of the by-products;
(c) saleopportunitiesandconditionsfortheproductsinquestiononthe
world market.
8. Wherethesituationontheworldmarketandthespecificrequire-
ments of certain markets so require, the export levy may be differen-tiated.
9. The export levy to be charged shall be the one applicable on the
dayofexport.However,thelevyapplicableonthedayoflodgementoftheapplicationforalicenceshallbeapplied,iftheapplicantsorequestsat the time of requesting the licence, to an export to be carried outduring the period of validity of the licence.
10. No levy may be applied to exports carried out under food-aid
arrangements pursuant to Article 13 (10).
11. DetailedrulesfortheapplicationofthisArticleshallbeadopted
in accordance with the procedure laid down in Article 22.
In accordance with the same procedure and for each of the products:
— a decision shall be taken to establish the measures listed in para-
graph5andputanendtothemeasureslistedinthesecondandthirdindents of that paragraph,
— the export levy shall be fixed periodically.
Where necessary, the Commission may establish or modify the export
levy.
12. Inurgentcases,theCommissionmaytakethemeasuresreferred
to in the third and fourth indents of paragraph 5. It shall notify itsdecisiontotheMemberStatesandshallpublishitonthenoticeboardsatitsheadquarters.Themeasuresshall,byvirtueofsuchadecision,beapplied to the relevant products from the date specified to that end,which shall be subsequent to the date of notification. The decision onthe measures referred to in the third indent of paragraph 5 shall beapplicable for a period not exceeding seven days.
1995R3072 — EN — 30.01.1998 — 001.001 — 15
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Article 17
1. If,byreasonofimportsorexports,theCommunitymarketinone
ormoreoftheproductslistedinArticle1isaffectedby,oristhreatenedwith, serious disturbance likely to jeopardize the achievement of theobjectivessetoutinArticle39oftheTreaty,appropriatemeasuresmaybeappliedintradewiththirdcountriesuntilsuchdisturbanceorthreatof disturbance has ceased.
TheCouncil,actingonaproposalfromtheCommissioninaccordance
withtheprocedurelaiddowninArticle43(2)oftheTreaty,shalladoptthegeneralrulesfortheapplicationofthisparagraphandshalldefineinwhat cases and within what limits Member States may take protectivemeasures.
2. If the situation referred to in paragraph 1 arises, the Commission
shall, at the request of a Member State or on its own initiative, decideupon the necessary measures. The Member States shall be notified ofsuch measures which shall be immediately applicable. If the Commis-sion receives a request from a Member State, it shall take a decisionthereon within three working days following receipt of the request.
3. MeasuresdecideduponbytheCommissionmaybereferredtothe
CouncilbyanyMemberStateswithinthreeworkingdaysofthedayonwhichtheywerenotified.TheCouncilshallmeetwithoutdelay.Itmay,actingbyaqualifiedmajority,amendorannulthemeasureinquestion.
4. This Article shall be applied having regard to the obligations
arising from agreements concluded in accordance with Article 228 (2)of the Treaty.
TITLE III
GENERAL AND FINAL PROVISIONS
Article 18
Goods listed in Article 1 which are manufactured or obtained from
productsnotreferredtoinArticles9(2)or10(1)oftheTreatyshallnotbe admitted for free circulation within the Community.
Article 19
SaveasotherwiseprovidedinthisRegulation,Articles92,93and94of
the Treaty shall apply to the production and marketing of the productslisted in Article 1.
Article 20
Article 40 (4) of the Treaty and the provisions adopted to implement
that Article shall apply as regards the European Agricultural GuidanceandGuaranteeFund,GuaranteeSection,totheFrenchoverseasdepart-ments in respect of the products listed in Article 1.
Article 21
The Member States and the Commission shall communicate to each
other the information necessary for implementing this Regulation. Thearrangements for communicating and disseminating this informationshallbeadoptedinaccordancewiththeprocedurelaiddowninArticle22.
Article 22
Where the procedure laid down in this Article is to be followed, the
chairman shall refer the matter to the Management Committee forCereals established by Article 22 of Regulation (EEC) No 1766/92hereinaftercalledthe‘committee',eitheronhisowninitiativeorattherequest of the representative of a Member State.
AlltheprovisionsofArticles22and23oftheabovementionedRegula-
tion regarding the committee shall apply.
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Article 23
The committee may consider any other question referred to it by its
chairman either on his own initiative or at the request of the repres-entative of a Member State.
Article 24
This Regulation shall be applied in such a way as to take appropriate
andsimultaneousaccountoftheobjectiveslaiddowninArticles39and110 of the Treaty.
Article 25
1. Annex B to Regulation (EEC) No 1418/76 shall be replaced by
Annex B to this Regulation as from 1 January 1996.
2. Regulation(EEC)No1418/76shallberepealedfromthe1996/97
marketing year.
3. References made to the Regulation repealed by paragraph 1 shall
be construed as being made to this Regulation and should be read inaccordance with the correlation table in Annex C.
4. The following Regulations shall be repealed from the 1996/97
marketing year:
— Regulation (EEC) No 1422/76(
1),
— Regulation (EEC) No 1424/76(2),
— Regulation (EEC) No 1425/76(3),
— Regulation (EEC) No 1426/76(4),
— Regulation (EEC) No 3878/87(5),
5. To facilitate the changeover from the present common organ-
izationofthemarketinricetothatprovidedforbythisRegulationortofacilitatethechangeoverfromonemarketingyeartoanotherduringthe1996-97and1997-98marketingyears,theCommissionmaytakewhat-ever transitional measures are deemed necessary, in accordance with►
C1procedure laid down in Article 22. ◄
6. ThefollowingindentshallbeaddedtoArticle1(1)(a)ofRegula-
tion (EEC) No 3508/92:
‘— the aid scheme for rice producers, established by Article 6 of
Regulation (EC) No 3072/95(*).'
Article 26
ThemeasuresspecifiedinTitleIofthisRegulationshallbeconsidered
to be intervention within the meaning of Article 3 (1) of Regulation(EEC) No 729/70.
Article 27
ThisRegulationshallenterintoforceonthedayofitspublicationinthe
Official Journal of the European Communities .
Itshallapplyfromthe1996/97marketingyear,exceptforArticle5and
Article 25 (1) and (5), which shall apply from 1 January 1996.
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicablein
all Member States.
(1) OJ No L 166, 25. 6. 1976, p. 18.
(2) OJ No L 166, 25. 6. 1976, p. 20.
(3) OJ No L 166, 25. 6. 1976, p. 26.
(4) OJ No L 166, 25. 6. 1976, p. 28.
(5) OJ No L 363, 24. 12. 1987, p. 3.
(*) OJ No L 329 of 30. 12. 1995, p. 18.
1995R3072 — EN — 30.01.1998 — 001.001 — 17
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ANNEX A
DEFINITIONS
1. (a)Paddy: rice which has retained its husk after threshing;
(b)husked rice: paddy rice from which only the husk has been removed.
Examplesofricefallingwithinthisdefinitionarethosewiththecommer-cial descriptions ‘brown rice',‘cargo rice, loonzain'and ‘riso sbramato';
(c)semi-milled rice : paddy rice from which the husk, part of the germ and
the whole or part of the outer layers of the pericarp but not the innerlayers have been removed;
(d)wholly milled rice : paddy rice from which the husk, the whole of the
outerandinnerlayersofthepericarp,thewholeofthegerminthecaseoflonggrainormediumgrainriceandatleastpartthereofinthecaseofround grain rice have been removed, but in which longitudinal whitestriations may remain on not more than 10% of the grains.
2. (a)Roundgrainrice : rice,thegrainsofwhichareofalengthnotexceeding
5,2mm and of a length/width ratio of less than 2;
(b)medium grain rice : rice, the grains of which are of a length exceeding
5,2mmbutnotexceeding6,0mmandofalength/widthrationogreaterthan 3;
(c)long grain rice :
(A) rice, the grains of which are of a length exceeding 6,0mm and of
which the length/width ratio is greater than 2 but less than 3;
(B) rice, the grains of which are of a length exceeding 6,0mm and of
which the length/width ratio is equal to or greater than 3;
(d)measurements of the grains : grain measurements are taken on wholly
milled rice by the following method:
(i) take a representative sample from the consignment;
(ii) sieve the sample so as to retain only whole grains including imma-
ture grains;
(iii) carry out two measurements consisting of 100grains each and find
the average;
(iv) express the result in millimetres, rounded off to one decimal place.
3.Broken rice: grain fragments the length of which does not exceed three
quarters of the average length of the whole grain.
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CNcode DescriptionANNEX B
0403 Buttermilk,curdledmilkandcream,yoghurt,kephirand
otherfermentedoracidifiedmilkandcream,whetherornot concentrated or containing added sugar or othersweetening matter or flavoured or containing addedfruit, nuts or cocoa
ex 1704 Sugar confectionery (including white chocolate), not
containing cocoa:
17049051to17049099—— Other
ex 1806 Chocolateandotherfoodpreparationscontainingcocoa
excluding subheadings 180610, 18062070,18069060, 18069070 and 18069090
1901 Malt extract; food preparations of flour, meal, starch or
maltextract,notcontainingcocoapowderorcontainingless than 40% by weight of cocoa calculated on atotally defatted basis, not elsewhere specified orincluded; food preparations of goods of heading Nos0401 to 0404, not containing cocoa or containing lessthan 5% by weight of cocoa calculated on a totallydefatted basis, not elsewhere specified or included
ex 1902 Pasta, whether or not cooked or stuffed (with meat or
other substances) or otherwise prepared, such asspaghetti, macaroni, noodles, lasagne, gnocchi, ravioli,cannelloni; couscous, whether or not prepared:
19022091 ——— Cooked
19022099 ——— Other
190230 — Other pasta
19024090 —— Other
1904 Prepared foods obtained by the swelling or roasting of
cereals or cereal products (for example, corn flakes);cereals(otherthanmaizecorn),ingrainform,orintheformofflakesorotherworkedgrains(exceptflourandmeal), pre-cooked or otherwise prepared, not elsewherespecified or included
ex 1905 Bread, pastry, cakes, biscuits and other bakers’ wares,
whether or not containing cocoa; communion wafers,emptycachesofakindsuitableforpharmaceuticaluse,sealing wafers, rice paper and similar products
19059020 Communionwafers,emptycachetsofakindsuitablefor
pharmaceutical use, sealing wafers, rice paper andsimilar products
ex 2004 Other vegetables prepared or preserved otherwise than
byvinegaroraceticacid,frozen,otherthanproductsofheading No 2006:
20041091 ——— Potatoes in the form of flour, meal or flakes
ex 2005 Other vegetables prepared or preserved otherwise than
byvinegaroraceticacid,notfrozen,otherthanproductsof heading No 2006:
20052010 —— Potatoes in the form of flour, meal or flakes
ex 2008 Fruit, nuts and other edible parts of plants, otherwise
prepared or preserved, whether or not containing addedsugarorothersweeteningmatterorspirit,notelsewherespecified or included:
1995R3072 — EN — 30.01.1998 — 001.001 — 19
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CNcode Description
20081110 ——— Peanut butter
ex 2101 Extracts, essences and concentrates of coffee, tea or
maté and preparations with a basis of these products orwith a basis of coffee, tea or maté; roasted chicory andother roasted coffee substitutes, and extracts, essencesand concentrates thereof:
210112 —— Preparations with a basis of these extracts,
essences or concentrates or with a basis of coffee
21012092 ——— Preparations with a basis of extracts, essences
or concentrates of tea or maté
21012098
ex 210500 Icecreamandotheredibleicewhetherornotcontaining
cocoa
2106 Food preparations not elsewhere specified or included
ex 3505 Dextrinsandothermodifiedstarches(forexample,preg-
elatinized or esterified starches); glues based onstarches, or on dextrins or other modified starchesexcluding starch esters and ethers falling withinsubheading 35051050
ex 3809 Finishingagents,dyecarrierstoacceleratethedyeingor
fixing of dyestuffs and other products and preparations(forexample,dressingsandmordants),ofakindusedinthe textile, paper, leather or like industries, not else-where specified or included:
ex 380910 — With a basis of amylaceous substances
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Regulation(EEC)No1418/76 ThisRegulationANNEX C
TABLE OF CORRELATION
Article 1 Article 1
Article 2 Article 2
Article 3 Article 3 (1)
Article 4:
paragraph 1 Article 3 (3)
paragraphs 2 and 3 (b), (c) and (d) —
paragraph 3 (a) Article 8 (a)
Article 5:
paragraph 1 Article 4 (1)
paragraph 2, first subparagraph —
paragraph 2, second subparagraph Article 4 (2)
paragraph 3 Article 4 (3)
paragraph 4 —
paragraph 5 Article 8 (b)
Article 6:
first subparagraph Article 5
second subparagraph Article 8 (c)
Article 7 Article 3 (2)
— Article 6
Article 8 —
Article 8a —
Article 9:
paragraphs 1 and 2 Article 7
paragraph 3 Article 8 (c)
— Article 8 (e)
Article 10 Article 9
Article 11 Article 10
Article 12 Article 11
Article 13 Article 12
Article 14 Article 13
Article 15 Article 14
Article 16 Article 15
Article 17 Article 16
Article 18 Article 17
Article 23 Article 18
Article 24 Article 19
Article 25 —
— Article 20
Article 25a —
Article 26 Article 21
Article 27 Article 22
Article 28 Article 23
Article 29 Article 24
Article 30 Article 25
— Article 26
1995R3072 — EN — 30.01.1998 — 001.001 — 21
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Regulation(EEC)No1418/76 ThisRegulation
Article 31 Article 27
Annex A Annex A
Annex B Annex B
Annex C Annex C