1996R1503 — EN — 01.01.2004 — 005.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No1503/96
of29July1996
on the detailed rules for the application of Council Regulation (EC) No 3072/95 with regard to
importdutiesonrice
(OJ L 189, 30.7.1996, p. 71)
Amended by:
Official Journal
No page date
►M1CommissionRegulation(EC) No 2131/96 of 6 November 1996 L 285 6 7.11.1996
►M2CommissionRegulation(EC) No 703/97 of 18 April 1997 L 104 12 22.4.1997
►M3CommissionRegulation(EC) No 2831/98 of 22 December 1998 L 351 25 29.12.1998
►M4CommissionRegulation(EC) No 1298/2002 of 17 July 2002 L 189 8 18.7.2002
►M5CommissionRegulation(EC) No 2294/2003 of 23 December 2003 L 340 12 24.12.2003
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
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COMMISSIONREGULATION(EC)No1503/96
of29July1996
onthedetailedrulesfortheapplicationofCouncilRegulation(EC)
No3072/95withregard toimportdutiesonrice
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 onthe commonorgan izationof the market inrice (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 bywhich the intervention price valid on the day of import is to beincreased in order to calculate the import duties on milled rice; whereas
that method takes account of the conversion rate, processing costs and
the value of by-products and an amount for the protection of industry;whereas the day of importationshould be fixed as the date of accep-tance of the declaration by the customs authorities as laid down inArticle 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 inthe CommonCustoms Tariff shall be levied onthe
products referred to inArticle 1 of that Regulationwhenthey are
imported; whereas, however, inthe case of products referred to inArticle 11 (2) the import duty will be equal to the intervention pricevalid for those products on importation, increased by a certain percen-tage according to whether it is husked or milled rice, indica rice orjaponica rice, and minus the import price, provided that duty does not
exceed the rate of the CommonCustoms Tariff duties;
Whereas there are particular difficulties in the rice sector concerning
the verificationof 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 discussions between the partners concerned are still inprogress; whereas, pending the outcome of those discussions, thesystem applied in 1995/96 should be maintained as a precaution;
Whereas in order to classify the consignments imported, the products
referred to inArticle 11 (2) of Regulation(EC) No 3072/95 must besubdivided into a number of qualities; whereas the combined nomen-clature codes to which these qualities correspond must therefore bespecified;
Whereas, for the purposes of calculating the import duty using the flat-
rate import value, the representative cif import prices should be calcu-lated for each of the qualities defined; whereas, for the purposes ofestablishing 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 Agri-
culture of the United States of America constitute an objective basis
for establishing representative cif import prices for rice in bulk;whereas representative prices on the United States market, the Thaimarket or of other origins may be converted into representative cifimport prices by adding the maritime freight costs on the charter
market between the ports of origin and the Community port; whereas,
taking account of the volume of freight and of trade in the ports ofnorthern Europe, those ports constitute the Community destination for1996R1503 — EN — 01.01.2004 — 005.001 — 2
(1) OJ No L 329, 30. 12. 1995, p. 18.
(2) OJ No L 302, 19. 10. 1992, p. 1.
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which the quotations of maritime freight prices are best known
publicly, are most transparent and most easily available; whereas,therefore, the ports of northern Europe (Antwerp, Rotterdam,
Amsterdam, Gent) should be adopted as 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 moni-
toring of the elements contributing to their calculation;
Whereas, for the purposes of fixing import duties for the rice referred
to inArticle 11 (2) of Regulation(EC) No 3072/95, a period of twoweeks for determining representative cif import prices for rice in bulktakes account of market trends without introducing elements of uncer-
tainty; whereas, on this basis, import duties for that product should be
established taking account of the average of representative cif importprices noted over the abovementioned period, every two weeks on aWednesday, and on the last working day of each month;
Whereas the import duty thus calculated canbe applied over a two-
week period without substantially affecting import prices, duties paid;whereas, however, where no quotation is available for a given productover the period of calculationof represen tative cif import prices orwhere, following sudden changes in the elements making up the calcu-lation, those representative cif import prices undergo major fluctuations
during the period in question, measures must be taken in order to main-
tain the representative nature of the cif import prices of the productconcerned;
Whereas the price of basmati rice originating in India and Pakistan is
normally higher on the market than the established representative price;
whereas in1993/94 the differen ce was of the order of ECU 250 per
tonne in the case of basmati rice originating in India and ECU 50 pertonne in the case of basmati rice originating in Pakistan; whereas, as aresult, the import duty onthose rice varieties should be reduced by theaforementioned amounts in order to comply with the principle laid
downinArticle 11 of Regulation(EC) No 3072/95 an d the Commu-
nity'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 thecase of major fluctuations in the quotation, the cost of maritime freight
or the exchange rate used for the calculation of the representative cif
import price of the product concerned, the representative nature ofthat price must be restored, taking account of those changes, byadjusting the duty fixed in line with the difference noted; whereas,even where such adjustments are made, the regular dates 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 inArticle 11 (1) an d (2) of Regulation
(EC) No 3072/95 shall be those applicable at the time laid downinArticle 67 of Regulation(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 importincreased by:
— 163 % inthe case of in dica rice,
— 167 % inthe case of japon ica rice,
minus the import price.1996R1503 — EN — 01.01.2004 — 005.001 — 3
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However, that duty must not exceed the rates of duty in the Common
Customs Tariff.
Article 3
1. For the purposes of this Regulationin dica rice shall be deemed to
be rice falling within CN codes 1006 20 17, 1006 20 98, 1006 3027,1006 30 48, 100630 67 and 1006 3098.
2. Any other products falling within CN codes 1006 20 and 1006 30
shall be deemed to be japonica rice.
Article 4
1. The import duties for the products referred to inArticle 3 shall be
calculated every week but shall be fixed by the Commissionevery 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 methodprovided for in Article 5 and shall apply from the first working dayfollowing their fixing and the first day of the following month, respec-tively.
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 theduty 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 accor-dance 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 firstworking day following that Wednesday.
2. The price valid onthe world market to be used for the calculation
of the import duty shall be the average of the weekly representative cifimport prices for rice in bulk determined using the method provided forin Article 5 and established over the period of the two precedingweeks.
3. The import duties fixed inaccordan ce with this Regulationshall
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 the next periodic fixing, the import duty previously fixed
shall remaininforce.
Every time the duty is fixed or adjusted, the Commissionshall publish
the import duties and the factors used for their calculation in the Offi-
cial Journal of the European Communities .
Article 4 a
1. Basmati Rice as defined in Annex IV, falling within the CN
codes ex 100620 17 and ex 1006 2098, may benefit from an importduty reduction of EUR 250 per tonne.
This amount may be revised in response to market trends, in particular
as regards the quantities imported.
The checks necessary to apply the present article should be undertaken
onthe basis of the certificates of authen ticity delivered by the compe-tent authorities from India and Pakistan listed in Annex III.1996R1503 — EN — 01.01.2004 — 005.001 — 4
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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 2098
— Aromatisk ris af sorten Basmati henhørende under KN-kode
1006 20 17/1006 2098
— Aromatischer Reis der Sorte Basmati des KN-Codes
1006 20 17/1006 2098
—Αρωµατικό ρύζι της ποικιλίας Basmati του κωδικού ΣΟ
1006 20 17/1006 2098
— Aromatic rice of the Basmati variety falling within CN code
1006 20 17/1006 2098
— Riz aromatique de la variété Basmati du code NC 1006 2017/
1006 20 98
— Riso aromatico della varietà Basmati del codice NC 1006 2017/
1006 20 98
— Aromatische Basmati-rijst vanGN-code 1006 2017/1006 20 98— Arroz aromático da variedade Basmati do código NC
1006 20 17/1006 2098
— CN-koodiin1006 2017/1006 20 98 kuuluvanBasmati-lajikkeen
aromaattinen riisi
— Aromatiskt ris av sortenBasmati med KN-n ummer 1006 2017/
1006 20 98;
(c) in box 24, one of the following:
— Derecho de aduana reducido de 250 Ecu/t [Reglamento (CE) n
o
2131/96]
— Told nedsat med 250 ECU/ton (Forordning (EF) nr. 2131/96)— Um 250 Ecu/t ermäßigter Zollsatz (Verordnung (EG) Nr. 2131/
96)
—Μειωµένος δασµός κατά 250 Ecuανά τόνο [κανονισµός
(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 accompa-
nied 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 ricesector and who is registered in the Member State where the applica-tionis 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 orchemical forgery to be detected.
The forms shall be printed and completed in English.1996R1503 — EN — 01.01.2004 — 005.001 — 5
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The original and the copies thereof shall be completed either using a
typewriter or by hand. In the latter case, they must be completed inink using block 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.
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 the date, CN code, country of origin and the names
and addresses of the holders;
(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 licences cancelled;
(c) on the last working day of the month following the month of
release for free circulation, the quantities actually released for freecirculation, 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 andPakistan 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 followin g factors shall beused for the differen t types of rice inbulk referred to inArticle 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) shallonly 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 calculationshall be established an d
checked each week on the basis of the sources and the reference quali-1996R1503 — EN — 01.01.2004 — 005.001 — 6
(1) OJ No L 331, 2. 12. 1988, p. 1.▼B
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ties listed in Annex I to this Regulation. The cost of sea freight shall be
established onthe basis of in formationpublicly 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
theOfficial Journal of the European Communities .
It shall apply from 1 September 1996.
This Regulation shall be binding in its entirety and directly applicable
inall Member States.1996R1503 — EN — 01.01.2004 — 005.001 — 7
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ANNEXI
Indica rice Japonica rice
Husked Milled Husked Milled
CN code 10062017
1006209810063027
10063048
10063067
100630981006 20 other
than
1006 2017
1006 20981006 30 other than
1006 3027
1006 3048
1006 3067
1006 3098
Reference quality US long grain 2/
4/73(2)
US long grain
parboiled 1/4/
88(2)Thai 100 % B US Gulf medium grain(3)
OriginUSA Thailan d USA USA
Stage (1) cif loose
ARAGcif loose
ARAGcif loose
ARAGcif loose
ARAG
(1) Cif ARAG: quotation for North Sea ports (Antwerp, Rotterdam, Amsterdam, Ghent).
(2) The prices relating to these two reference qualities are increased by 8 %.
(3) In the absence of this quality, other qualities of rice of the japonica type may be used.1996R1503 — EN — 01.01.2004 — 005.001 — 8
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ANNEXII
MODEL B
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ANNEXIII
Competent bodies for the issue of the certificate of authenticity referred to
inArticle 4a
INDIA: — Export Inspection Council (Ministry of Commerce,
Government of India)
— Directorate of marketing and Inspection (Ministry of Agri-
culture and Rural Development)
PAKISTAN: ►M4— Trading Corporation of Pakistan (Pvt) Ltd ◄.1996R1503 — EN — 01.01.2004 — 005.001 — 10
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ANNEXIV
Regions
It has to be from the Indian and Pakistani specific areas of the Indo Gangetic
Plains, which includes the Punjab, Haryana, Uttaranchal and Western Uttar
Pradesh regions.
Varieties
Traditional varieties (commonly referred to as "Basmati pure line varieties" in
India and Pakistan)
India Pakistan
Basmati 370 Kernel (Basmati Pakistan)Basmati 386 Basmati 370Type-3 (Dehradun)Taraori Basmati (HBC-19)
Basmati 217
Ranbir Basmati1996R1503 — EN — 01.01.2004 — 005.001 — 11