This document is meant purely as 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
"M1 Council Regulation (EC) No 192/98 of 20 January 1998 L 20 16 27.1.1998
"M2 Council Regulation (EC) No 2072/98 of 28 September 1998 L 265 4 30.9.1998
Corrected by:
"C1 Corrigendum, OJ L 80, 30.3.1996, p. 72 (3072/95)
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) and Council Regulation(EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).1995R3072 — EN — 01.09.1998 — 002.001 — 1
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 the competitivenessof Community agriculture;
(2) Whereas the common organization of the market in rice must include a
common price system for the Community; whereas that system may be
established by fixing an intervention price for paddy rice valid for thewhole Community at which the competent agencies are obliged to buy
in the rice which is offered to them;
(3) Whereas, under the Uruguay Round of multilateral trade negotiations,
the Community has undertaken gradually to reduce the customs dutiesresulting from the tarification of the former levy system; whereas the
reduction in customs duties must be accompanied by a fall in
Community prices to enable the competitiveness of the Communityproduct to be maintained; whereas, to prevent income losses forproducers resulting from the aforementioned reduction in institutional
prices, it is appropriate to establish a system of compensatory
payments for production granted per hectare and intended to maintainpresent profitability levels for the crop, the amount of which is fixedon the basis of the envisaged price reduction and the agronomic yields
recorded in the various Member States over a period considered to be
representative; 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 yield waslowest 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 the date of paymentto producers;
(5) Whereas the introduction of the aforementioned system of com-
pensatory payments per hectare renders it appropriate to lay down a
base area per producing Member State; whereas that determinationshould reflect the area cultivated during the last year of productionavailable in statistical terms; whereas, however, in order to take
account of drought, in the case of Spain and Portugal it is appropriate
to take account of the last year available by region except for regionsaffected by drought, where the last year before the drought is taken into
account; whereas as regards French Guiana it is appropriate to lay
down the base area in accordance with the one which is the subject ofthe arrangements provided for in Article 3 (2) of Regulation (EEC) No3763/91 introducing specific measures in respect of certain agricul-
tural products for the benefit of the French overseas departments (
3);
whereas such a determination makes it possible to maintain productionobjectives compatible with the requirements of the market and tocomply with the undertakings accepted under the Uruguay Round of
multilateral trade negotiations concerning trade exports; whereas
compliance with the base area can be ensured, in the event of!B
(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).
(3) OJ No L 356, 24. 12. 1991, p. 1.1995R3072 — EN — 01.09.1998 — 002.001 — 2
overshooting, by reducing the aid sufficiently to dissuade producers
from exceeding the maximum;
(6) Whereas a system of intervention should be set up in order to balance
the market; whereas the intervention period should be limited to fourmonths in order to preserve the original purpose of intervention and to
prevent it becoming an outlet in itself;
(7) Whereas the intervention price should continue to be subject to a
certain 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 of stocks
conforms to market requirements;
(8) Whereas there should be a production refund for rice starch and
derived products by analogy with the refund laid down for the productsreferred to in Article 7 of Council Regulation (EEC) No 1766/92 of 30
June 1992 on the common organization of the market in cereals (
1)
with which they compete;
(9) Wheres the creation of a single Community market for rice involves
the introduction of a single trading system at the external frontiers ofthe Community; whereas a trading system including import duties and
export refunds, in addition to the intervention measures, should, in
principle, stabilize the Community market; whereas the trading systemis based on the undertakings given under the Uruguay Round of
multilateral trade negotiations; whereas certain types of rice at the
various stages 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 in question,
the charge to be applied, could facilitate the implementation of
international agreements;
(10) Whereas, in order to be able constantly to control trade movements,
provision should be made for the issue of import and export licencesaccompanied by the provision of a security ensuring that the
transactions for which such licences are requested are effected;
(11) Whereas, in order to avoid or curb the harmful effects on the market in
the Community that could result from the importation of certainproducts, the importation of one or more of such products may be
made subject to the payment of additional customs duties if certain
conditions are met; whereas a provision to that effect should thereforebe introduced;
(12) Whereas the Commission should be given responsibility for opening
and administering the tariff quotas resulting from international
agreements;
(13) Whereas the possibility of granting, on export to third countries, a
refund equal to the difference between prices in the Community and onthe world market, within the limits laid down within the commitments
accepted in the Uruguay Round of multilateral trade negotiations is
likely to preserve Community participation in international rice trade;whereas that possibility is subject to limits expressed in terms ofquantities and value;
(14) Whereas compliance with the limits in terms of value can be ensured at
the time when refunds are fixed and through monitoring of payments
under the rules relating to the European Agricultural Guidance andGuarantee Fund; whereas monitoring may be facilitated by thecompulsory advance fixing of refunds, while allowing the possibility,
in the case of differentiated refunds, of changing the specified
destination within a geographical area in which a single refund rateapplies; whereas, in the case of a change of destination, the refund
applicable to the actual destination should be paid, with a ceiling at the
level of the amount applicable to the destination fixed in advance;
(15) Whereas ensuring compliance with constraints in terms of quantity
calls for the introduction of a reliable and effective system ofmonitoring; whereas, to that end, the granting of refunds should be
made subject to an export licence; whereas refunds should be granted
up to the limits available, depending on the particular situation of eachproduct concerned; whereas exceptions to that rule can only be!B
(1) OJ No L 181, 1. 7. 1992, p. 21. Regulation as last amended by Regulation (EC) No
1023/95 (OJ No L 103, 6. 5. 1995, p. 24).1995R3072 — EN — 01.09.1998 — 002.001 — 3
permitted in the case of processed products not listed in Annex II to the
Treaty, to which volume ceilings do not apply, and in the case offood-aid operations, which are exempt from any limitation; whereasprovision should be made for derogations from strict compliance with
management rules where exports benefiting from refunds are not likely
to exceed the quantity ceilings laid down; whereas monitoring of thequantities exported with refunds during the marketing years referred toin the abovementioned international undertakings will be carried out
on the basis of export licences issued for each marketing year;
(16) Whereas, in addition to the system described above, and to the extent
necessary for its proper working, provision should be made forregulating recourse to inward and outward processing arrangements 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 dispense with
all other protective measures at the external frontiers of theCommunity; whereas, however, the price and customs duty mechanism
may in exceptional circumstances prove defective; whereas in such
cases, so as not to leave the Community market without defenceagainst disturbances which may arise therefrom, when the importobstacles previously existing have been abolished, the Community
should be enabled to take all necessary measures; whereas such
measures must comply with the commitments accepted in the UruguayRound of multilateral trade negotiations;
(18) Whereas provision should be made for the possibility of taking
measures in cases where the Community market is disturbed or could
be disturbed in such a way as to endanger the attainment of theobjectives in Article 39 of the Treaty as a result of imports or exports;
(19) Whereas there is a risk that the reduction in common prices from the
entry into force of this Regulation could entail disturbances on the
internal market; whereas, as a result, provision should be made for the
possibility for the Commission to take all necessary measures toprevent such disturbances;
(20) Whereas it is necessary that, as the common market in rice develops,
the Member States and the Commission should keep each other
supplied with the information necessary for applying this Regulation;
whereas this exchange of information is especially necessary in thecase of international commitments;
(21) Whereas the completion of a single market based on a common price
system would be jeopardized by the granting of certain aids; whereas,
therefore, the provisions of the Treaty which allow the assessment of
aids granted by Member States and the prohibition of those which areincompatible with the single market should be made to apply to rice;
(22) Whereas, in order to facilitate implementation of the aforementioned
provisions, a procedure should be provided for establishing close
cooperation between Member States and the Commission within theManagement Committee for Cereals;
(23) Whereas the common organization of the market in rice must take
appropriate account, at the same time, of the objectives set out in
Articles 39 and 110 of the Treaty;
(24) Whereas expenditure incurred by the Member States as a result of the
obligations arising out of the application of this Regulation will befinanced by the Community in accordance with Articles 2 and 3 ofCouncil Regulation (EEC) No 729/70 of 21 April 1970 (
1) on the
financing of the common agricultural policy;
(25) Whereas the common organization of the market in rice laid down in
Regulation (EEC) No 1418/76 (2) has been amended several times;
whereas, by reason of their number, their complexity and their
dispersal among several Official Journals, these texts are difficult to
use and thus lack the clarity which should be an essential feature of alllegislation; whereas, under these circumstances, they should beconsolidated in a new regulation and the aforementioned Regulation!B
(1) OJ No L 94, 28. 4. 1970, p. 13. Regulation as last amended by Regulation (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 Regulation (EC) No
1530/95 (OJ No L 148, 30. 6. 1995, p. 5).1995R3072 — EN — 01.09.1998 — 002.001 — 4
(EEC) No 1418/76 should be repealed; whereas a large number of
Council Regulations derived from the basic Regulation which nolonger have any legal basis should be repealed;
(26) Whereas the compensatory payment scheme makes monitoring
necessary; whereas, in order to ensure effective control, provision
should be made to introduce this aid scheme into the integrated
administration and control system laid down in Regulation (EEC) No3508/92 (
1),
HAS ADOPTED THIS REGULATION:
Article 1
1. The common organisation of the market in rice shall comprise a price and
trading system and shall cover the following products:
CN code Description
(a) 1006 10 Rice in the husk (paddy or rough rice)
1006 20 Husked (brown) rice1006 30 Semi-milled rice 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 rice1104 19 91 Flaked rice
1108 19 10 Rice starch.
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 in Annex A.
3. This Regulation shall apply to rice in the husk (paddy or rough rice) for
sowing covered by CN code 1006 10 10 solely for the purposes of the systemof compensatory payments provided for in Article 6.
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 1996/97 marketing 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 the Commission.!B
(1) 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).!M1
!B
!M1
!B1995R3072 — EN — 01.09.1998 — 002.001 — 5
2. The intervention price shall be subject to monthly increases during each
of the four months provided for in Article 4 (1). The price thus obtained forthe month of July shall remain valid until 31 August. The amounts of themonthly increases shall be determined in accordance with 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 centres
designated pursuant to Article 8.
Article 4
1. During the period from 1 April to 31 July the intervention agencies shall
buy in the quantities of paddy rice which are offered to them provided theoffers comply with conditions, in particular in respect of quantity 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, the intervention price
shall be adjusted by applying price increases or reductions. In order to ensure
that production is orientated towards certain varieties, price increases andreductions to be applied to the intervention 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 internal market, paddyrice 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 with detailed 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:
ECU/ha 1997/98 1998/991999/2000 and
after
Spain 111,44 222,89 334,33
France
— metropolitan territory 96,35 192,70 289,05
— French Guiana 131,80 263,60 395,40
Greece
— departments of Thessaloniki,
Serres and Fthiotida131,27 262,55 393,82
— other departments 131,27 262,55 393,82
Italy 106,00 212,00 318,01Portugal 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 made between 16 October and 31
December following the start of the marketing year in question.!B
!M21995R3072 — EN — 01.09.1998 — 002.001 — 6
4. A national base area for each producer Member State is hereby
established. However, for France and Greece two base areas are established.The base areas shall be as follows:
Spain 104 973 ha
France
— metropolitan territory 24 500 ha
— French Guiana 5 500 ha
Greece
— departments of Thessaloniki, Serres and
Fthiotida 22 330 ha
— other departments 2 561 ha
Italy 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 the compensatorypayment shall be applied to all producers in the base area in 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 %.
Where the preceding subparagraph is applied, the Member State concerned
shall, before a date fixed in accordance with the procedure laid down in
Article 22 of this Regulation, determine the scale of the reductions to be
applied to the compensatory payment. It shall previously inform theCommission and as quickly as possible thereof.
"M1 3
Member States shall provide the Commission with detailed information,
broken down by variety, on areas, yields and production, and stocks at
producers and processors. Such information must be based on a systemproviding for compulsory declarations by producers and processors set up,administered and monitored by the Member State.
Article 7
1. Under conditions to be determined, a production refund may be granted
for starch and certain derived products, obtained from rice and broken rice,
used in the manufacture of certain products.
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 States concerned and shall
include in particular intervention centres in surplus areas which have
sufficient premises and technical equipment and are in a favourablesituation as regards means of transport;
(b) detailed rules for the application of Article 4. These shall comprise in
particular:
— the minimum quality and quantity required for intervention,!M2
!B
!M1
!B1995R3072 — EN — 01.09.1998 — 002.001 — 7
— the price increases and reductions applicable to intervention,
— the procedures and conditions for taking over by the intervention
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 7 and for fixing the refunds
and establishing the list of products provided for in that Article.
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 import or export
licence.
Licences shall be issued by the Member States to any applicant, irrespective
of his place of establishment in the Community and without prejudice 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 security guaranteeing that
the products are imported or exported during the term of validity of the
licence; except in cases of force majeure , the security shall be forfeited in
whole or in part if import or export is not carried out, or is only carried outpartially, 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 the procedurelaid 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 products falling
within CN code 1006 (excluding code 1006 10 10) which come from the
Member States and are in one of the situations referred to in Article 9 (2) ofthe Treaty.
That subsidy shall be fixed, taking into account the supply requirements of the
Réunion market, on the basis of the difference between the quotations orprices of the relevant products on the world market and the quotations orprices 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.
The subsidy shall be fixed periodically in accordance with the procedure laid
down in Article 22. However, where the need arises, the Commission may, inthe interval, at the request of a Member State or on its 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.!B1995R3072 — EN — 01.09.1998 — 002.001 — 8
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 17
and 1006 20 98,
— 88 % in the case of husked rice falling within CN codes other than
1006 20 17 or 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 percentage to 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 conversion rate,
processing costs and the value of by-products, and then adding an amount 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 overseas department 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 coefficient of 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 detailed rules
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 paragraph 2,
— fix the amount for the protection of the industry and include the
necessary provisions for determining and calculating import prices and
checking their authenticity,
— include the possibility, if appropriate, in specific cases, of enabling
operators to know the charge which will be applied prior to the
consignments concerned.
Article 12
1. Without prejudice to Article 11 (2), in order to prevent or counteract
adverse effects on the market in the Community which may result from
imports of certain products listed in Article 1, imports of one or more of such
products at the rate of duty laid down in Article 11 shall be subject to paymentof an additional import duty if the conditions set out in Article 5 of the
Agreement on Agriculture concluded in accordance with Article 228 of the
Treaty in the framework of the Uruguay Round of multilateral tradenegotiations have been fulfilled unless the imports are unlikely to disturb theCommunity market, or where the effects 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 Organization.
The trigger volumes to be exceeded in order to have the additional import
duty imposed shall be determined particularly on the basis of imports into the
Community in the three years preceding the year in which the adverse effects
referred to in paragraph 1 arise or are likely to arise.
3. The import prices to be taken into consideration for imposing an
additional import duty shall be determined on the basis of the cif import
prices 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 product in question on
the world market or on the Community import market for the product.!B1995R3072 — EN — 01.09.1998 — 002.001 — 9
4. The Commission shall adopt detailed rules for the application of this
Article in accordance with the procedure laid down in Article 22. Suchdetailed 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 the specialprovisions to be applied to the products referred to in Article 11 (2) withparticular regard to the provisions for determining the import prices to be
taken into consideration for the purpose of applying 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 of the 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 in Annex B
on the basis of quotations or prices for those products on the world market and
within the limits resulting from agreements concluded in accordance withArticle 228 of the Treaty, the difference between those quotations or pricesand prices in the Community may be covered by 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 such products exportedwithout 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 the resourceavailable, taking into account the effectiveness and structure ofCommunity exports without, however, creating discrimination 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 the specific
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.
Refunds fixed at regular intervals may, where necessary, be adjusted in the
intervening period by the Commission at the request of a Member State 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 and trade onthis 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.!B1995R3072 — EN — 01.09.1998 — 002.001 — 10
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 basic Communityagricultural products for export as processed goods to third countries and theuse of basic agricultural products from these countries admitted 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 of export in
the Community serving these markets, as well as costs incurred in placingthe 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 presentation of therelevant export licence.
8. The refund applicable to exports of products listed in Article 1 exported
without further processing shall be that applicable on the day of applicationfor the licence and, in the case of a differentiated refund, that applicable on thesame 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 the amountapplicable 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 7 and 8 may be applied to products listed in Article 1 and
exported in the form of goods listed in Annex B in accordance with theprocedure laid down in Article 16 of Regulation (EC) No 3448/93 (
1).
10. Paragraphs 7 and 8 may be waived in the case of products listed in Article
1 on which refunds are paid under food-aid operations, in accordance with theprocedure 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) applicablein accordance with paragraph 4 shall be adjusted in line with the amount of
monthly increases applicable to the intervention price and, where appropriate,
variations in that price, depending on the degree of processing and using theapplicable 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 thecorrective 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 1 andexported in the form of goods listed in Annex B. In that case, the adjustmentreferred to in the first subparagraph shall be corrected by applying a
coefficient expressing the ratio between the quantity of basic product and the
quantity of the latter contained in the processed product exported or used inthe 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 within
the meaning of Article 23 of Regulation (EEC) No 2913/92, except whereparagraph 13 applies
3,
— the products have been exported from the Community,!B
(1) OJ No L 318, 20. 12. 1993, p. 18.1995R3072 — EN — 01.09.1998 — 002.001 — 11
and
— in the case of a differentiated refund, the products have reached the
destination indicated on the licence or another destination for which arefund was fixed, without prejudice to paragraph 8 (b). Exceptions may
be made to this rule in accordance with the procedure laid down in
Article 22, provided conditions are laid down which offer equivalentguarantees.
Additional provisions may be adopted in accordance with the procedure 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:
— the product to be exported and the product previously imported are one
and the same,
— all the import duties were collected on the product’ s release for free
circulation. 3
In such cases the refund on each product shall be equal to the duties collectedon importation where the latter are lower than the refund applicable, wherethe duties collected on importation are higher than that refund, the latter shallapply.
14. Compliance with the limits on volumes arising from agreements
concluded in accordance with Article 228 of the Treaty shall be ensured onthe basis of the export licences issued for the reference periods provided fortherein and applicable to the products concerned. With regard to compliance
with the obligations arising under the agreements concluded as part of the
Uruguay Round, the ending of a reference period shall not affect the validityof export licences.
15. Detailed rules for the application of this Article, including provisions
concerning the reallocation of quantities exported not allocated or not used, in
particular as regards the adjustment referred to in paragraph 11, shall beadopted in accordance with the procedure laid down in Article 22. Annex Bshall be amended in accordance with the same procedure. However, detailed
rules for the application of paragraph 7 to products referred to in Article 1 and
exported in the form of goods referred to in the Annex shall be adopted inaccordance with the procedure laid down in Article 16 of Regulation (EC) No
3448/93.
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 proposal from
the Commission in accordance with the procedure laid down in Article 43 (2)
of the Treaty, may in special cases prohibit in whole or in part the use ofinward or outward processing arrangements in respect of products listed inArticle 1.
2. By way of derogation from paragraph 1, if the situation referred to in
paragraph 1 arises with exceptional urgency and the Community market isdisturbed or is liable to be disturbed by the inward or outward processingarrangements, the Commission shall, at the request of a Member State or on
its own initiative, decide upon the necessary measures; the Council and the
Member States shall be notified of such measures, which shall be valid for nomore than six months and shall be immediately applicable. If the Commission
receives a request from a Member State, it shall take a decision thereon within
a week following receipt 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. The Council, actingby a qualified majority, may confirm, amend or repeal the Commission
decision. If the Council has not acted within three months, the Commission
decision shall be deemed to have been repealed.!B1995R3072 — EN — 01.09.1998 — 002.001 — 12
Article 15
1. The general rules for the interpretation in the combined nomenclature
and the special rules for its application shall apply to the tariff classification
of products covered by this Regulation; the tariff nomenclature resulting fromthe application of this Regulation, including the definitions listed in Annex A,
shall be incorporated in the Common Customs 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 of Community pricesand where that situation is likely to continue and to deteriorate, thereby
disturbing or threatening to disturb the Community market, 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 or exceed theintervention price, increased by:
— 80 % in the case of the husked rice falling within CN codes 1006 20 17
and 1006 20 98,
and
— 88 % in the case of the husked rice falling within CN codes other than
1006 20 17 or 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 and demand
and where that imbalance is likely to continue in view of foreseeableproduction 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 the
preceding paragraphs, where international trade prices are so high as toimpede importation of products listed in Article 1 into the Community or toprovoke their export from the Community, thereby jeopardizing market
stability or security of supplies.
5. Where the conditions in this Article are met, the following measures 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 fixed quantity,
— 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 2 is 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.!B1995R3072 — EN — 01.09.1998 — 002.001 — 13
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, the followingspecific 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 requirements of
certain markets so require, the export levy may be differentiated.
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 of theapplication for a licence shall be applied, if the applicant so requests at the
time of requesting the licence, to an export to be carried out during 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 paragraph 5
and put an end to the measures listed in the second and third indents 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 its decision to the
Member States and shall publish it on the notice boards at its headquarters.The measures shall, by virtue of such a decision, be applied to the relevant
products from the date specified to that end, which shall be subsequent to the
date of notification. The decision on the measures referred to in the thirdindent of paragraph 5 shall be applicable for a period not exceeding sevendays.
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 threatened with, seriousdisturbance likely to jeopardize the achievement of the objectives set out in
Article 39 of the Treaty, appropriate measures may be applied in trade with
third countries until such disturbance or threat of 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 adopt the general
rules for the application of this paragraph and shall define in what cases andwithin what limits Member States may take protective measures.
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, decide upon the
necessary measures. The Member States shall be notified of such measureswhich shall be immediately applicable. If the Commission receives a requestfrom a Member State, it shall take a decision thereon 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 on whichthey 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.!B1995R3072 — EN — 01.09.1998 — 002.001 — 14
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 not be 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 products listed 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 Guidance and
Guarantee Fund, Guarantee Section, to the French overseas departments inrespect 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. The arrangementsfor communicating and disseminating this information shall be adopted inaccordance with the procedure laid down in Article 22.
Article 22
Where the procedure laid down in this Article is to be followed, the chairman
shall refer the matter to the Management Committee for Cereals establishedby Article 22 of Regulation (EEC) No 1766/92 hereinafter called the
‘committee’, either on his own initiative or at the request of the representative
of a Member State.
All the provisions of Articles 22 and 23 of the abovementioned Regulation
regarding the committee shall apply.
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 representative 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 and 110 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 in accordance
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),!B
(1) OJ No L 166, 25. 6. 1976, p. 18.1995R3072 — EN — 01.09.1998 — 002.001 — 15
— Regulation (EEC) No 1424/76 (1),
— Regulation (EEC) No 1425/76 (2),
— Regulation (EEC) No 1426/76 (3),
— Regulation (EEC) No 3878/87 (4),
5. To facilitate the changeover from the present common organization of the
market in rice to that provided for by this Regulation or to facilitate thechangeover from one marketing year to another during the 1996-97 and1997-98 marketing years, the Commission may take whatever transitional
measures are deemed necessary, in accordance with
"C1procedure laid
down in Article 22. 3
6. The following indent shall be added to Article 1 (1) (a) of Regulation(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 considered to be
intervention within the meaning of Article 3 (1) of Regulation (EEC) No
729/70.
Article 27
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities .
It shall apply from the 1996/97 marketing 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 applicable in all
Member States.!B
(1) OJ No L 166, 25. 6. 1976, p. 20.
(2) OJ No L 166, 25. 6. 1976, p. 26.
(3) OJ No L 166, 25. 6. 1976, p. 28.
(4) OJ No L 363, 24. 12. 1987, p. 3.1995R3072 — EN — 01.09.1998 — 002.001 — 16
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 the commercialdescriptions ‘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 inner layers havebeen 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 the case of longgrain or medium grain rice and at least part thereof in the case of round grainrice have been removed, but in which longitudinal white striations may remainon not more than 10 % of the grains.
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 no greater 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.!
B1995R3072 — EN — 01.09.1998 — 002.001 — 17
ANNEX B
CN code Description
0403 Buttermilk, curdled milk and cream, yoghurt, kephir and other fermented or acidified milk and cream,
whether or not concentrated or containing added sugar or other sweetening matter or flavoured orcontaining added fruit, nuts or cocoa
ex 1704 Sugar confectionery (including white chocolate), not containing cocoa:
1704 90 51 to
1704 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
containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewherespecified or included; food preparations of goods of heading Nos 0401 to 0404, not containing cocoa orcontaining less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewherespecified or included
ex 1902 Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as
spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared:
1902 20 91 – – – Cooked
1902 20 99 – – – Other
1902 30 – Other pasta1902 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 the form of flakes or other worked grains(except flour and meal), pre-cooked or otherwise prepared, not elsewhere specified 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 similarproducts
1905 90 20 Communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper
and similar products
ex 2004 Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than
products of heading 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
products of 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
added sugar or other sweetening matter or spirit, not elsewhere specified or included:
2008 11 10 – – – Peanut butter
ex 2101 Extracts, essences and concentrates of coffee, tea or maté and preparations with a basis of these
products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, andextracts, essences and 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, pregelatinized or esterified starches); glues based
on starches, or on dextrins or other modified starches excluding starch esters and ethers falling withinsubheading 3505 10 50!
B1995R3072 — EN — 01.09.1998 — 002.001 — 18
CN code Description
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 in the textile, paper, leather or likeindustries, not elsewhere specified or included:
ex 3809 10 – With a basis of amylaceous substances!
B1995R3072 — EN — 01.09.1998 — 002.001 — 19
ANNEX C
TABLE OF CORRELATION
Regulation (EEC) No 1418/76 This Regulation
Article 1 Article 1
Article 2 Article 2Article 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 11Article 13 Article 12
Article 14 Article 13
Article 15 Article 14Article 16 Article 15
Article 17 Article 16
Article 18 Article 17Article 23 Article 18
Article 24 Article 19
Article 25 —!
B1995R3072 — EN — 01.09.1998 — 002.001 — 20
Regulation (EEC) No 1418/76 This Regulation
— Article 20
Article 25a —Article 26 Article 21
Article 27 Article 22
Article 28 Article 23Article 29 Article 24
Article 30 Article 25
— Article 26Article 31 Article 27
Annex A Annex A
Annex B Annex BAnnex C Annex C!
B1995R3072 — EN — 01.09.1998 — 002.001 — 21