1995R3072 — EN — 30.12.1995 — 000.001 — 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)
Corrected by:
►C1Corrigendum, OJ L 80, 30.3.1996, p. 72 (3072/95)
1995R3072 — EN — 30.12.1995 — 000.001 — 2
▼B
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,
Having regard to the Treaty establishing the European Community, 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),
Having regard to the opinion of the Economic and Social Committee(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 mustinclude a common price system for the Community; whereas thatsystem 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; whereas the reduction in customs duties must be accom-panied by a fall in Community prices to enable the competitive-ness of the Community product to be maintained; whereas, toprevent income losses for producers resulting from the aforemen-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 inthe various Member States over a period considered to be repres-entative; whereas for this purpose it is appropriate to choose thehighest result between:
— the average of the three years obtained by eliminating the one
in which the yield is highest and the one in which the yieldwas lowest during the period 1990/91 to 1994/95,
— the average of the three years 1992/93, 1993/94 and 1994/95;
(4)Whereas it is necessary to determine certain conditions
concerning claims for compensatory payments and to specify thedate 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, in order to take account of drought, in the case of Spainand Portugal it is appropriate to take account of the last yearavailable by region except for regions affected by drought, wherethe last year before the drought is taken into account; whereas asregards French Guiana it is appropriate to lay down the base areain 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).
1995R3072 — EN — 30.12.1995 — 000.001 — 3
▼B
ments(1); whereas such a determination makes it possible to
maintain production objectives compatible with the requirementsof the market and to comply with the undertakings acceptedunder the Uruguay Round of multilateral trade negotiationsconcerning trade exports; whereas compliance with the base areacan be ensured, in the event of overshooting, by reducing the aidsufficiently to dissuade producers from exceeding the maximum;
(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)Whereas the intervention price should continue to be subject to acertain number of monthly increases in order to take account,inter alia , of storage costs and financial charges for storing rice
in the Community and of the need to ensure that the disposal ofstocks 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 theproducts referred to in Article 7of Council Regulation (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 CN codes; 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 additionalcustoms duties if certain conditions are met; whereas a provisionto 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)Whereas the possibility of granting, on export to third countries,a refund equal to the difference between prices in the Communityand 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 throughmonitoring of payments under the rules relating to the European
(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 — 30.12.1995 — 000.001 — 4
▼B
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, of changing the specified destination within a geograph-ical area in which a single refund rate applies; whereas, in thecase of a change of destination, the refund applicable to theactual destination should be paid, with a ceiling at the level of theamount 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 ofprocessed products not listed in Annex II to the Treaty, to whichvolume ceilings do not apply, and in the case of food-aid opera-tions, which are exempt from any limitation; whereas provisionshould be made for derogations from strict compliance withmanagement rules where exports benefiting from refunds are notlikely 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 dispensewith all other protective measures at the external frontiers of theCommunity; whereas, however, the price and customs dutymechanism may in exceptional circumstances prove defective;whereas in such cases, so as not to leave the Community marketwithout defence against disturbances which may arise therefrom,when the import obstacles previously existing have been abol-ished, the Community should be enabled to take all necessarymeasures; whereas such measures must comply with the commit-ments accepted in the Uruguay Round of multilateral trade nego-tiations;
(18)Whereas provision should be made for the possibility of takingmeasures in cases where the Community market is disturbed orcould be disturbed in such a way as to endanger the attainment ofthe objectives in Article 39 of the Treaty as a result of imports orexports;
(19)Whereas there is a risk that the reduction in common prices fromthe entry into force of this Regulation could entail disturbanceson the internal market; whereas, as a result, provision should bemade for the possibility for the Commission to take all necessarymeasures 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, the provisions of the Treaty which allowthe assessment of aids granted by Member States and the prohibi-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-
1995R3072 — EN — 30.12.1995 — 000.001 — 5
▼B
CN code 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 resultof the obligations arising out of the application of this Regulationwill be financed by the Community in accordance with Articles 2and 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, underthese circumstances, they should be consolidated in a new regula-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, in order to ensure effective control, provisionshould be made to introduce this aid scheme into the integratedadministration and control system laid down in Regulation (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)1006 10 21 Rice in the husk (paddy or rough)
1006 10 23
1006 10 25
1006 10 27
1006 10 92
1006 10 94
1006 10 96
1006 10 98
1006 20 Husked (brown) rice
1006 30 Semi-milled or wholly milled rice,
whether or not polished or glazed
(b)1006 40 00 Broken rice
(c)1102 30 00 Rice flour
1103 14 00 Groats and meal of rice
1103 29 50 Pellets of rice
1104 19 91 Flaked rice
1108 19 10 Rice starch
(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).
1995R3072 — EN — 30.12.1995 — 000.001 — 6
▼B
2. For the purposes of this Regulation, the terms ‘paddy rice',
‘husked rice',‘semi-milled rice',‘wholly milled rice',‘round grain rice',‘medium grain rice', ‘long grain rice' and ‘broken rice' are defined inAnnex A.
TITLE I
PRICES
Article 2
The marketing year for all the products listed in Article 1 shall begin on
1 September and end on 31 August of the following year.
Article 3
1. The intervention price for paddy rice shall be:
— ECU 351,00/t for the 1996/97marketing year,— ECU 333,45/t for the 1997/98 marketing year,— ECU 315,90/t for the 1998/99 marketing year,— ECU 298,35/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. The intervention price shall be subject to monthly increases during
each of the four months provided for in Article 4 (1). The price thusobtained for the month of July shall remain valid until 31 August. Theamounts of the monthly increases shall be determined in accordancewith the procedure laid down in Article 43 (2) of the Treaty.
3. The intervention price shall relate to the wholesale stage, delivered
at warehouse, before unloading. It shall apply to all intervention centresdesignated pursuant to Article 8.
Article 4
1. During the period from 1 April to 31 July the intervention agen-
cies shall buy in the quantities of paddy rice which are offered to themprovided 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
offer for sale, for export to third countries or for supply to the internalmarket, paddy rice bought in pursuant to paragraph 1.
Article 5
Special measures may be taken to:
— prevent large-scale application of Article 4 in certain regions of the
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:
1995R3072 — EN — 30.12.1995 — 000.001 — 7
▼B
ECU/ha 1997/98 1998/99 1999/2000
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
In order to pursue a better orientation of production, the amounts of the
compensatory payment may be varied by applying price increases orreductions depending on the variety.
The compensatory payments shall be paid between 16 October and 31
December following the start of the marketing year in question.
4. A national base area for each producer Member State is hereby
established. However, for France, two base areas are established, onefor the metropolitan territory, the other for Guiana. The base areas shallbe as follows:
Spain: 104 973 ha,
France:— metropolitan territory: 24 500 ha— Guiana: 5 500 haGreece: 24 891 haItaly: 239 259 ha,Portugal: 34 000 ha
5. Where the areas given over to rice in a given year exceed one of
the base areas indicated in paragraph 4, a reduction of the amount of thecompensatory payment shall be applied to all producers in the base areain question for the same production year equal to:
— three times the rate of overrun if it is less than 1 %,— four times the rate of overrun if it is equal to or greater than 1 % but
less than 3 %,
— five times the rate of overrun if it is equal to or greater than 3 % but
less than 5 %,
— six times the rate of overrun if it is equal to or greater than 5 %.
The Commission shall determine the scale of the reductions to be
applied in accordance with the procedure laid down in Article 22 of thisRegulation.
For each base area Member States shall provide the Commission with
detailed information, broken down by variety, on areas, yields andproduction, 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
granted for starch and certain derived products, obtained from rice andbroken rice, used in the manufacture of certain products.
1995R3072 — EN — 30.12.1995 — 000.001 — 8
▼B
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) the list of intervention centres provided for in Article 3 (3). This list
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) detailed rules for the application of Article 4. These shall comprise
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) detailed rules for the application of Article 6 and the price increases
and reductions applicable to the compensatory payment;
(e) detailed rules for the application of Article 7and 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
products listed in Article 1 shall be subject to presentation of an importor 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 securityguaranteeing that the products are imported or exported during the termof validity of the licence; except in cases of forcemajeure , the security
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 CN code 1006 (excluding code 1006 10 10) which comefrom the Member States and are in one of the situations referred to inArticle 9 (2) of the Treaty.
That subsidy shall be fixed, taking into account the supply requirements
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.
The subsidy shall be granted on application by the party concerned. The
subsidy may be fixed, where appropriate, by a tendering procedure.Such tendering procedure shall relate to the amount of the subsidy.
1995R3072 — EN — 30.12.1995 — 000.001 — 9
▼B
The subsidy shall be fixed periodically in accordance with the proce-dure laid down in Article 22. However, where the need arises, theCommission may, in the interval, at the request of a Member State or onits own initiative, alter the subsidy.
2. The rules on the financing of the common agricultural policy shall
apply to the subsidy provided for in paragraph 1.
3. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 22.
Article 11
1. Unless this Regulation provides otherwise, the rates of duty in the
Common Customs Tariff shall apply to the products listed in Article 1.
2. Notwithstanding paragraph 1, the import duty on:
(a) husked rice falling within CN code 1006 20 shall be equal to the
intervention price valid on importation, increased by:
— 80 % in the case of husked rice falling within CN codes
1006 20 17and 1006 20 98,
— 88 % in the case of husked rice falling within CN codes other
than 1006 20 17or 1006 20 98,
minus the import price; and
(b) wholly milled rice falling within CN code 1006 30 shall be equal to
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, processing costs and the value of by-products, and then adding anamount for the protection of the industry.
3. Notwithstanding paragraph 1:
(a) no duty shall be charged on imports of products falling within CN
codes 1006 10, 1006 20 or 1006 40 00 into the French overseasdepartment of Réunion, intended for consumption there;
(b) the duty to be charged on imports of products falling within CN
code 1006 30 into the French overseas department of Réunion,intended for consumption there, shall be multiplied by a coefficientof 0,30.
4. Detailed rules for the application of this Article shall be adopted in
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-
teract adverse effects on the market in the Community which may resultfrom imports of certain products listed in Article 1, imports of one ormore of such products at the rate of duty laid down in Article 11 shallbe subject to payment of an additional import duty if the conditions setout 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
1995R3072 — EN — 30.12.1995 — 000.001 — 10
▼B
imports are unlikely to disturb the Community market, or where theeffects would be disproportionate to the intended objective.
2. The trigger prices below which an additional duty may be imposed
shall be those forwarded by the Community to the World Trade Organ-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 inwhich the adverse effects referred to in paragraph 1 arise or are likely toarise.
3. The import prices to be taken into consideration for imposing an
additional import duty shall be determined on the basis of the cif importprices of the consignment in question.
The cif import prices to be taken into consideration for this purpose
shall be determined on the basis of representative prices for the productin question on the world market or on the Community import market forthe 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) the products to which additional import duties may be applied under
the terms of Article 5 of the Agreement on Agriculture and thespecial provisions to be applied to the products referred to in Article11 (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) the fixing of the repesentative prices and the other criteria necessary
to ensure application of paragraph 1 in accordance with Article 5 ofthe said Agreement.
Article 13
1. To the extent necessary to enable the products listed in Article 1 to
be exported without further processing or in the form of goods listed inAnnex B on the basis of quotations or prices for those products on theworld market and within the limits resulting from agreements concludedin accordance with Article 228 of the Treaty, the difference betweenthose quotations or prices and prices in the Community may be coveredby an export refund.
Export refunds on the products listed in Article 1 in the form of goods
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.
1995R3072 — EN — 30.12.1995 — 000.001 — 11
▼B
Refunds fixed at regular intervals may, where necessary, be adjusted in
the intervening period by the Commission at the request of a MemberState or on its own initiative.
Refunds fixed at regular intervals for the products referred to in Article
1 (1) (a) and (b) shall be fixed at least once a month.
4. The following shall be taken into account when refunds are being
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
are to ensure equilibrium and the natural development of prices andtrade 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 basicCommunity agricultural products for export as processed goods to thirdcountries and the use of basic agricultural products from these countriesadmitted 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) marketing costs and the most favourable transport charges from the
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. Where refunds are fixed by a tendering procedure, such tendering
procedure shall relate to the amount of the refund.
7. Refunds on products listed in Article 1 and exported without
further processing shall only be granted on application and on presenta-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 dayof application for the licence and, in the case of a differentiated refund,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
the licence. In that case, the amount applicable may not exceed theamount 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. Paragraphs 7and 8 may be applied to products listed in Article 1
and exported in the form of goods listed in Annex B in accordance withthe procedure laid down in Article 16 of Regulation (EC) No 3448/93 (
1).
(1) OJ No L 318, 20. 12. 1993, p. 18.
1995R3072 — EN — 30.12.1995 — 000.001 — 12
▼B
10. Paragraphs 7and 8 may be waived in the case of products listedin Article 1 on which refunds are paid under food-aid operations, inaccordance with the procedure laid down in Article 22.
11. Save as otherwise provided in accordance with the procedure laid
down in Article 22, the refund on products listed in Article 1 (1) (a) and(b) applicable in accordance with paragraph 4 shall be adjusted in linewith the amount of monthly increases applicable to the interventionprice and, where appropriate, variations in that price, depending on thedegree of processing and using the applicable conversion rate.
A corrective amount may be fixed in accordance with the procedure laid
down in Article 22. However, the Commission may, where necessary,alter the corrective amounts.
The first and second subparagraphs may be applied, in whole or in part,
to products listed in Article 1 (1) (c) and to products listed in Article 1and exported in the form of goods listed in Annex B. In that case, theadjustment referred to in the first subparagraph shall be corrected byapplying a coefficient expressing the ratio between the quantity of basicproduct and the quantity of the latter contained in the processed productexported 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:
— the products, in the case of paddy rice and husked rice, are of
Community origin, except where paragraph 13 applies,
— the products have been exported from the Community,
and
— in the case of a differentiated refund, the products have reached the
destination indicated on the licence or another destination for whicha refund was fixed, without prejudice to paragraph 8 (b). Exceptionsmay be made to this rule in accordance with the procedure laiddown in Article 22, provided conditions are laid down which offerequivalent guarantees.
Additional provisions may be adopted in accordance with the procedure
laid down in Article 22.
13. No export refund shall be granted on paddy rice and husked rice
which is imported from third countries and re-exported to third coun-tries, unless the exporter proves:
— that the product to be exported and the product previously imported
are one and the same, and
— that all the import duties were collected on importation.
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. Compliance with the limits on volumes arising from agreements
concluded in accordance with Article 228 of the Treaty shall be ensuredon the basis of the export licences issued for the reference periodsprovided for therein and applicable to the products concerned. Withregard to compliance with the obligations arising under the agreementsconcluded as part of the Uruguay Round, the ending of a referenceperiod shall not affect the validity of export licences.
15. Detailed rules for the application of this Article, including provi-
sions concerning the reallocation of quantities exported not allocated ornot used, in particular as regards the adjustment referred to in paragraph11, shall be adopted in accordance with the procedure laid down inArticle 22. Annex B shall be amended in accordance with the sameprocedure. However, detailed rules for the application of paragraph 7toproducts 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 — 30.12.1995 — 000.001 — 13
▼B
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 inArticle 43 (2) of the Treaty, may in special cases prohibit in whole or inpart the use of inward or outward processing arrangements in respect ofproducts listed in Article 1.
2. By way of derogation from paragraph 1, if the situation referred to
in paragraph 1 arises with exceptional urgency and the Communitymarket is disturbed or is liable to be disturbed by the inward or outwardprocessing arrangements, the Commission shall, at the request of aMember State or on its own initiative, decide upon the necessarymeasures; the Council and the Member States shall be notified of suchmeasures, which shall be valid for no more than six months and shall beimmediately applicable. If the Commission receives a request from aMember State, it shall take a decision thereon within a week followingreceipt 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. The general rules for the interpretation in the combined nomencla-
ture and the special rules for its application shall apply to the tariffclassification of products covered by this Regulation; the tariff nomen-clature resulting from the application of this Regulation, including thedefinitions listed in Annex A, shall be incorporated in the CommonCustoms Tariff.
2. Save as otherwise provided for in this Regulation or in provisions
adopted pursuant thereto, the following shall be prohibited:
— the levying of any charge having equivalent effect to a customs
duty,
— the application of any quantitative restriction on imports or measure
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 ofCommunity prices and where that situation is likely to continue and todeteriorate, thereby disturbing or threatening to disturb the Communitymarket, 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 CN codes
1006 20 17and 1006 20 98,
and
— 88 % in the case of the husked rice falling within CN codes other
than 1006 20 17or 1006 20 98.
3. The situation referred to in paragraph 1 shall be regarded as likely
to persist or deteriorate where there is an imbalance between supply anddemand 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
threatened with disturbance, as a result of the situation referred to in thepreceding paragraphs, where international trade prices are so high as toimpede 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 — 30.12.1995 — 000.001 — 14
▼B
5. Where the conditions in this Article are met, the following meas-ures may be taken:
— application of an export levy; in addition, a special export levy may
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.
These measures shall be repealed at the latest when it is found that, for
a period of three consecutive weeks, the condition stated in paragraph 2is no longer fulfilled.
6. The following shall be taken into account when an export levy is
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. When the export levy on the products listed in Article 1 (1) (c) is
being fixed, the factors listed in paragraph 6 shall apply. In addition, thefollowing specific factors shall be taken into account:
(a) prices obtaining for broken rice on the various Community markets;
(b) the quantity of broken rice necessary to manufacture the products
under consideration and, where appropriate, the value of the by-products;
(c) sale opportunities and conditions for the products in question on the
world market.
8. Where the situation on the world market and the specific require-
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
day of export. However, the levy applicable on the day of lodgement ofthe application for a licence shall be applied, if the applicant so requestsat 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. Detailed rules for the application of this Article shall be adopted
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-
graph 5 and put an end to the measures listed in the second and thirdindents of that paragraph,
— the export levy shall be fixed periodically.
Where necessary, the Commission may establish or modify the export
levy.
12. In urgent cases, the Commission may take the measures referred
to in the third and fourth indents of paragraph 5. It shall notify itsdecision to the Member States and shall publish it on the notice boardsat its headquarters. The measures shall, by virtue of such a decision, 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 — 30.12.1995 — 000.001 — 15
▼B
Article 17
1. If, by reason of imports or exports, the Community market in one
or more of the products listed in Article 1 is affected by, or is threatenedwith, serious disturbance likely to jeopardize the achievement of theobjectives set out in Article 39 of the Treaty, appropriate measures maybe applied in trade with third countries until such disturbance or threatof disturbance has ceased.
The Council, acting on a proposal from the Commission in accordance
with the procedure laid down in Article 43 (2) of the Treaty, shall adoptthe general rules for the application of this paragraph and shall define inwhat 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. Measures decided upon by the Commission may be referred to the
Council by any Member States within three working days of the day onwhich they were notified. The Council shall meet without delay. It may,acting by a qualified majority, amend or annul the measure in question.
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
products not referred to in Articles 9 (2) or 10 (1) of the Treaty shall notbe admitted for free circulation within the Community.
Article 19
Save as otherwise provided in this Regulation, Articles 92, 93 and 94 of
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 Guidanceand Guarantee Fund, Guarantee Section, to the French overseas depart-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 informationshall be adopted in accordance with the procedure laid down in Article22.
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 1766/92hereinafter called the ‘committee',either on his own initiative or at therequest of the representative of a Member State.
All the provisions of Articles 22 and 23 of the abovementioned Regula-
tion regarding the committee shall apply.
1995R3072 — EN — 30.12.1995 — 000.001 — 16
▼B
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
and simultaneous account of the objectives laid down in Articles 39 and110 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) No 1418/76 shall be repealed from the 1996/97
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-
ization of the market in rice to that provided for by this Regulation or tofacilitate the changeover from one marketing year to another during the1996-97and 1997 -98 marketing years, the Commission may take what-ever transitional measures are deemed necessary, in accordance with►
C1procedure laid down in Article 22. ◄
6. The following indent shall be added to Article 1 (1) (a) of Regula-
tion (EEC) No 3508/92:
‘— the aid scheme for rice producers, established by Article 6 of
Regulation (EC) No 3072/95 (*).
(*) OJ No L 329 of 30. 12. 1995, p. 18.'
Article 26
The measures specified in Title I of this Regulation shall be consid-
ered to be intervention within the meaning of Article 3 (1) of Regu-lation (EEC) No 729/70.
Article 27
This Regulation shall enter into force on the day of its publication in
theOfficial Journal of the European Communities .
It shall apply from the 1996/97marketing year, except for Article 5
and Article 25 (1) and (5), which shall apply from 1 January 1996.
This Regulation shall be binding in its entirety and directly applic-
able in 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.
1995R3072 — EN — 30.12.1995 — 000.001 — 17
▼B
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.
Examples of rice falling within this definition are those with thecommercial descriptions ‘brown rice', ‘cargo rice, loonzain' and ‘risosbramato';
(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 theinner layers have been removed;
(d)wholly milled rice : paddy rice from which the husk, the whole of the
outer and inner layers of the pericarp, the whole of the germ in thecase of long grain or medium grain rice and at least part thereof inthe case of round grain rice have been removed, but in which longitu-dinal white striations may remain on not more than 10 % of thegrains.
2. (a)Round grain rice : rice, the grains of which are of a length not
exceeding 5,2 mm and of a length/width ratio of less than 2;
(b)medium grain rice : rice, the grains of which are of a length exceeding
5,2 mm but not exceeding 6,0 mm and of a length/width ratio nogreater than 3;
(c)long grain rice :
(A) rice, the grains of which are of a length exceeding 6,0 mm 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 6,0 mm 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
immature grains;
(iii) carry out two measurements consisting of 100 grains 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.
1995R3072 — EN — 30.12.1995 — 000.001 — 18
▼B
CN code DescriptionANNEX B
0403 Buttermilk, curdled milk and cream, yoghurt, kephir and
other fermented or acidified milk and cream, whether ornot 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:
1704 90 51to1704 90 99— — Other
ex 1806 Chocolate and other food preparations containing cocoa
excluding subheadings 1806 10, 1806 20 70,1806 90 60, 1806 90 70 and 1806 90 90
1901 Malt extract; food preparations of flour, meal, starch or
malt extract, not containing cocoa powder or containingless 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:
1902 20 91 — — — Cooked
1902 20 99 — — — Other
1902 30 — Other pasta
1902 40 90 — — Other
1904 Prepared foods obtained by the swelling or roasting of
cereals or cereal products (for example, corn flakes);cereals (other than maize corn), in grain form, or in theform of flakes or other worked grains (except flour andmeal), 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,empty caches of a kind suitable for pharmaceutical use,sealing wafers, rice paper and similar products
1905 90 20 Communion wafers, empty cachets of a kind suitable for
pharmaceutical use, sealing wafers, rice paper andsimilar products
ex 2004 Other vegetables prepared or preserved otherwise than
by vinegar or acetic acid, frozen, other than products ofheading No 2006:
2004 10 91 — — — Potatoes in the form of flour, meal or flakes
ex 2005 Other vegetables prepared or preserved otherwise than
by vinegar or acetic acid, not frozen, other than productsof heading No 2006:
2005 20 10 — — 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 addedsugar or other sweetening matter or spirit, not elsewherespecified or included:
1995R3072 — EN — 30.12.1995 — 000.001 — 19
▼B
CN code Description
2008 11 10 — — — 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:
2101 12 — — Preparations with a basis of these extracts,
essences or concentrates or with a basis of coffee
2101 20 92 — — — Preparations with a basis of extracts, essences
or concentrates of tea or maté
2101 20 98
ex 2105 00 Ice cream and other edible ice whether or not containing
cocoa
2106 Food preparations not elsewhere specified or included
ex 3505 Dextrins and other modified starches (for example, preg-
elatinized or esterified starches); glues based onstarches, or on dextrins or other modified starchesexcluding starch esters and ethers falling withinsubheading 3505 10 50
ex 3809 Finishing agents, dye carriers to accelerate the dyeing or
fixing of dyestuffs and other products and preparations(for example, dressings and mordants), of a kind used inthe textile, paper, leather or like industries, not else-where specified or included:
ex 3809 10 — With a basis of amylaceous substances
1995R3072 — EN — 30.12.1995 — 000.001 — 20
▼B
Regulation (EEC) No 1418/76 This RegulationANNEX 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 7Article 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 17Article 16
Article 18 Article 17
Article 23 Article 18
Article 24 Article 19
Article 25 —
— Article 20
Article 25a —
Article 26 Article 21
Article 27Article 22
Article 28 Article 23
Article 29 Article 24
Article 30 Article 25
— Article 26
1995R3072 — EN — 30.12.1995 — 000.001 — 21
▼B
Regulation (EEC) No 1418/76 This Regulation
Article 31 Article 27
Annex A Annex A
Annex B Annex B
Annex C Annex C