1997R1403 — EN — 26.07.1997 — 000.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSION REGULATION (EC) No 1403/97
of 22 July 1997
amending Regulation (EC) No 703/97 introducing for a trial period from 1 July 1997 to 30 June
1998 a cumulative recovery system for determining certain import duties on rice and amending
Regulation (EC) No 1503/96
(OJ L 194, 23.7.1997, p. 2)
Corrected by:
►C1 Corrigendum, OJ L 246, 10.9.1997, p. 7 (1403/97)
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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▼B
COMMISSION REGULATION (EC) No 1403/97
of 22 July 1997
amendingRegulation(EC)No703/97introducingforatrialperiod
from1July1997to30June1998acumulativerecoverysystemfordeterminingcertainimportdutiesonriceandamendingRegulation
(EC) No 1503/96
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 Articles 11 (4) and 21 thereof,
Whereas Commission Regulation (EC) No 703/97 of 18 April 1997 (2)
introduces for a trial period from 1 July 1997 to 30 June 1998 acumulative recovery system (CRS) for determining certain import dutieson rice;
Whereas the system provided for in Regulation (EC) No 703/97 should
be strengthened as regards the monitoring of minor imports not subjectto presentation of an import licence;
Whereas the lodging of the monthly and CRS declarations within the
time limits laid down is essential for the proper functioning of the CRS;whereas, as a result, failure to present and late presentation of declara-tions by CRS importers should be made subject to the same rules for thelodging of incomplete declarations;
Whereas it should be ensured that CRS importers cannot take advantage
of the fact that on-the-spot checks cannot be carried out for reasonsattributable to them; whereas, to that end, where a CRS importer isresponsible for the failure of a physical check he should not only losethe right to the adjustment of import duties but also be charged ECU 50per tonne for consignments imported during the halves of the trialperiod for which he has lost the right to the adjustment of import duties;
Whereas it is necessary to specify the time at which the amounts
referred to in the second subparagraph of Article 9 (1) and the secondsubparagraph of Article 9 (2) of Regulation (EC) No 703/97 must becharged by the CRS authority;
Whereas it is useful to know the origin of the rice imported and the
Annex to Regulation (EC) No 703/97 should therefore be amended;
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
Regulation (EC) No 703/97 is hereby amended as follows:
1. The following subparagraph is added to Article 2 (3):
‘Where the import of a consignment is not subject to presentation of
a licence or certificate in accordance with Articles 5 and 6 ofRegulation (EEC) No 3719/88, the customs authority which acceptedthe declaration of release for free circulation shall forward a copy ofthat declaration to the CRS authority with which the importer isregistered.'
(1) OJ No L 329, 30. 12. 1995, p. 18.
(2) OJ No L 104, 22. 4. 1997, p. 12.
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▼B
2. Article 3 (4) is replaced by the following:
‘4. At the request of the CRS authority of the importer concerned,
the competent customs authority shall analyze the samples taken inaccordance with ISO standards 7301 and, as regards humidity andthe milling yield, in accordance with ISO 712 and ISO 6646 respec-tively and send the results to the CRS authority concerned.'
3. The first subparagraph of Article 9 (1) is replaced by the following:
‘1. Where, for one or more consignments, the import price
declared by a CRS importer cannot be verified on account of the latelodging or absence of a monthly declaration and/or CRS declaration,or the absence in the monthly declarations and/or CRS declarationsof information, documents or other evidence provided for in thisRegulation, the import price to be taken into consideration for theconsignments concerned in the context of the CRS shall be thatdetermined in accordance with Regulation (EC) No 1503/96 andapplicable on the day when the declaration of release for free circula-tion was accepted.'
4. The following subparagraph is added to Article 9 (2):
‘In addition, save in cases of force majeure , an amount of ECU 50
per tonne shall be charged to the CRS importer concerned for theconsignments imported during the halves of the trial period inrespect of which he has lost the right to the adjustment of importduties.'
5. The following subparagraph is added to Article 10 (1):
‘In addition, when determining the amounts referred to in point (a), it
shall charge to the CRS importers concerned the amounts referred toin the second subparagraph of Article 9 (1) and the second subpara-graph of Article 9 (2).'
6. The Annex to Regulation (EC) No 703/97 is replaced by the Annex
to this Regulation.
Article 2
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
►(1)Regulation (EC) No 703/97, Article 10 (3) ◄
CRS authority (name of Member State):Date:
(a) (b) (c) (d) (e) (f) (g) (h) (i) (j)
Name and address
of the CRS importer
(Article 2 (2))Place and date
of release for
free circulationImported
product
CN codeCountry of
originQuantity
tonnesDeclared
import price
in ecus/tonneDuty valid
on the day of
release for
free circulation
in ecus/tonneDuty calculated
on the basis
of the accepted
imported price
in ecus/tonnes►(2)Difference
(g) – (h) in
ecus/tonne ◄Justification
of difference
Balance:
(a) (b) (c) (d) (e) (f) (g) (h)
Name and address
of the non-CRS
importerPlace and date
of release for
free circulationImported
product
CN codeCountry of
originQuantity
tonnesDeclared
import price
in ecus/tonneDuty valid
on the day of release
for free circulation
in ecus/tonneObvervations
(aromatic rice,
etc.)
►(1)C1
►(2)C1