1995R3072 — EN — 12.03.2002 — 006.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILREGULATION(EC)No3072/95
of22December 1995
onthecommonorganizationofthemarketinrice
(OJ L 329, 30.12.1995, p. 18)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 192/98 of 20 January 1998 L 20 16 27.1.1998
►M2Council Regulation (EC) No 2072/98 of 28 September 1998 L 265 4 30.9.1998
►M3Commission Regulation (EC) No 1528/2000 of 13 July 2000 L 175 64 14.7.2000
►M4Council Regulation (EC) No 1667/2000 of 17 July 2000 L 193 3 29.7.2000
►M5Council Regulation (EC) No 1987/2001 of 8 October 2001 L 271 5 12.10.2001
►M6Commission Regulation (EC) No 411/2002 of 4 March 2002 L 62 27 5.3.2002
Corrected by:
►C1Corrigendum, 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) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
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COUNCILREGULATION(EC)No3072/95
of22December 1995
onthecommonorganizationofthemarketinrice
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Articles42 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)Whereasthe new orientation of the common agricultural policy
should lead to better balance on the markets and improve the
competitiveness of Community agriculture;
(2)Whereasthe common organization of the market in rice mus tinclude a common price system for the Community; whereas
that system may be established by fixing an intervention price
for paddy rice valid for the whole Community at which thecompetent agenciesare obliged to buy in the rice which isoffered to them;
(3)Whereas, under the Uruguay Round of multilateral trade negotia-tions, 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 pricesto enable thecompetitiveness of the Community product to be maintained;
whereas, to prevent income losses for producers resulting from
the aforementioned reduction in institutional prices, it is appro-priate to establish a system of compensatory payments forproduction granted per hectare and intended to maintain presentprofitability levelsfor the crop, the amount of which isfixed onthe basis of the envisaged price reduction and the agronomic
yieldsrecorded in the variousMember Statesover a period
considered to be representative; whereas for this purpose it isappropriate to choose the highest result between:
— the average of the three yearsobtained by eliminating the
one in which the yield ishighes t and the one in which the
yield waslowes t during the period 1990/91 to 1994/95,
— the average of the three years1992/93, 1993/94 and 1994/95;
(4)Whereas it is necessary to determine certain conditions
concerning claims for compensatory payments and to specifythe date 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
Spain and Portugal it isappropriate to take account of the las tyear available by region except for regionsaffected by drought,where the last year before the drought is taken into account;whereasasregardsFrench Guiana it isappropriate to lay downthe base area in accordance with the one which is the subject of
the arrangementsprovided for in Article 3 (2) of Regulation
(EEC) No 3763/91 introducing specific measures in respect ofcertain agricultural productsfor the benefit of the French over-1995R3072 — EN — 12.03.2002 — 006.001 — 2
(1) Opinion delivered on 14 December 1995 (not yet published in the Official
Journal).
(2) Opinion delivered on 23 November 1995 (not yet published in the Official
Journal).
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seas departments(1); whereass uch a determination makesit
possible to maintain production objectives compatible with therequirementsof the market and to comply with the undertakings
accepted under the Uruguay Round of multilateral trade negotia-
tionsconcerning trade exports ; whereascompliance with thebase area can be ensured, in the event of overshooting, by redu-cing the aid sufficiently to dissuade producers from exceedingthe maximum;
(6)Whereas a system of intervention should be set up in order tobalance the market; whereasthe intervention period s hould be
limited to four months 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 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 productsby 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 ofthe market in cereals(
2) with which they compete;
(9)Wheresthe creation of a s ingle Community market for riceinvolves the introduction of a single trading system at theexternal frontiers of the Community; whereas a trading systemincluding import dutiesand export refunds , in addition to theintervention measures, should, in principle, stabilize the Commu-
nity market; whereas the trading system is based on the
undertakingsgiven 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 ofoperatorsknowing, before the arrival of the cons ignmentsin
question, the charge to be applied, could facilitate the implemen-
tation 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 importation
of certain products, the importation of one or more of such
productsmay be made s ubject 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 pricesin the Commu-
nity and on the world market, within the limitslaid down
within the commitmentsaccepted in the Uruguay Round ofmultilateral trade negotiationsislikely to pres erve Communityparticipation in international rice trade; whereas that possibilityis subject to limits expressed in terms of quantities and value;
(14)Whereascompliance with the limitsin termsof value can beensured at the time when refunds are fixed and through moni-toring of paymentsunder the rulesrelating to the European1995R3072 — EN — 12.03.2002 — 006.001 — 3
(1) OJ No L 356, 24. 12. 1991, p. 1.
(2) OJ No L 181, 1. 7. 1992, p. 21. Regulation aslas t amended by Regulation
(EC) No 1023/95 (OJ No L 103, 6. 5. 1995, p. 24).
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Agricultural Guidance and Guarantee Fund; whereasmonitoring
may be facilitated by the compulsory advance fixing of refunds,while allowing the possibility, in the case of differentiated
refunds, of changing the specified destination within a geogra-
phical area in which a single refund rate applies; whereas, inthe case of a change of destination, the refund applicable to theactual destination should be paid, with a ceiling at the level ofthe amount applicable to the destination fixed in advance;
(15)Whereas ensuring compliance with constraints in terms of quan-tity calls for the introduction of a reliable and effective systemof monitoring; whereas, to that end, the granting of refundsshould be made subject to an export licence; whereas refunds
should be granted up to the limits available, depending on the
particular situation of each product concerned; whereas excep-tions to that rule can only be permitted in the case of processedproductsnot lis ted in Annex II to the Treaty, to which volumeceilings do not apply, and in the case of food-aid operations,
which are exempt from any limitation; whereas provision should
be made for derogationsfrom s trict compliance with manage-ment ruleswhere exportsbenefiting from refundsare not likelyto exceed the quantity ceilingslaid down; whereasmonitoring ofthe quantitiesexported with refundsduring the marketing yearsreferred to in 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 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 market
without 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-mentsaccepted in the Uruguay Round of multilateral tradenegotiations;
(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
of the objectivesin Article 39 of the Treaty asa res ult of
importsor exports ;
(19)Whereasthere isa ris k that the reduction in common pricesfromthe entry into force of thisRegulation could entail dis turbances
on the internal market; whereas, as a result, provision should be
made 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 applyingthisRegulation; whereasthisexchange of information ises pe-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 whichallow the assessment of aids granted by Member States and the
prohibition of those which are incompatible with the single
market should be made to apply to rice;
(22)Whereas, in order to facilitate implementation of the aforemen-tioned provisions, a procedure should be provided for1995R3072 — EN — 12.03.2002 — 006.001 — 4
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establishing close cooperation between Member States and the
Commission within the Management Committee for Cereals;
(23)Whereasthe common organization of the market in rice mus ttake appropriate account, at the same time, of the objectives setout in Articles39 and 110 of the Treaty;
(24)Whereasexpenditure incurred by the Member Statesasa res ult
of the obligationsaris ing out of the application of thisRegula-
tion will be financed by the Community in accordance withArticles2 and 3 of Council Regulation (EEC) No 729/70 of 21April 1970(
1) on the financing of the common agricultural
policy;
(25)Whereasthe common organization of the market in rice laiddown in Regulation (EEC) No 1418/76(
2) hasbeen 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 which
should be an essential feature of all legislation; whereas, under
these circumstances, they should be consolidated in a new regu-lation and the aforementioned Regulation (EEC) No 1418/76should be repealed; whereas a large number of Council Regula-tionsderived from the bas ic Regulation which no longer have
any legal basis should be repealed;
(26)Whereas the compensatory payment scheme makes monitoring
necessary; whereas, in order to ensure effective control, provi-sion should be made to introduce this aid scheme into theintegrated administration and control system laid down in Regu-
lation (EEC) No 3508/92(
3),
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) rice
1006 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 19 50 Groatsand meal of rice
1103 20 50 Pelletsof rice
1104 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’ aredefined in Annex A.1995R3072 — EN — 12.03.2002 — 006.001 — 5
(1) OJ No L 94, 28. 4. 1970, p. 13. Regulation aslas t 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 aslas t amended by Regulation
(EC) No 1530/95 (OJ No L 148, 30. 6. 1995, p. 5).
(3) OJ No L 355, 5. 12. 1992, p. 1. Regulation asamended by Regulation (EC)
No 3235/94 (OJ No L 338, 28. 12. 1994, p. 16).▼M1
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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 thepurposes of the system of 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 theCommission.
2. The intervention price shall be subject to monthly increases
during each of the four monthss pecified in Article 4(1). The pricethus obtained for the month of July shall remain valid until 31 August.
From the 2000/2001 marketing year, each monthly increase shall be
equal to EUR 2/t.
3. The intervention price shall relate to the wholesale stage, deliv-
ered at warehouse, before unloading. It shall apply to all interventioncentres designated pursuant to Article 8.
Article 4
1. During the period from 1 April to 31 July the intervention agen-
ciess hall buy in the quantitiesof 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 isdifferent from the s tan-
dard quality for which the intervention price hasbeen 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 the
intervention price may be fixed.
3. Under conditionsto be determined, intervention agenciess hall
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 producersmay claim compens atory payment
under the conditionslaid down in thisArticle and in accordance withdetailed rulesto be determined.1995R3072 — EN — 12.03.2002 — 006.001 — 6
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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:
(EUR/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 Guyana 131,80 263,60 395,40
Greece
— departments of Thessalo-
niki, Serres, Kavala, Aitolia,
Akarnania and Fthiotida131,27 262,55 393,82
— other departments131,27 262,55 393,82
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 orreductionsdepending on the variety.
The compensatory payments shall be made between ►
M531
December ◄and►M516 November ◄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 and Greece two base areas are estab-
lished. The base areas shall be as follows:
Spain: 104 973 ha
France:— metropolitan territory 24 500 ha— French Guyana 5 500 haGreece:— departments of Thessaloniki, Serres, Kavala,
Aitolia, Akarnania and Fthiotida22 330 ha
— other departments2 561 ha
Italy: 239 259 haPortugal: 34 000 ha
5. Where the areasgiven over to rice in a given year exceed one of
the base areas indicated in paragraph 4, a reduction of the amount ofthe compensatory payment shall be applied to all producers in thebase area in question for the same production year equal to:
— three timesthe rate of overrun if it isles sthan 1 %,
— four timesthe rate of overrun if it isequal to or greater than 1 %
but less than 3 %,
— five timesthe rate of overrun if it isequal to or greater than 3 %
but less than 5 %,
— six times the rate of overrun if it is equal to or greater than 5 %.1995R3072 — EN — 12.03.2002 — 006.001 — 7
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Where the preceding subparagraph is applied, the Member State
concerned shall, before a date fixed in accordance with the procedurelaid down in Article 22 of thisRegulation, determine the s cale of the
reductions to be applied to the compensatory payment. It shall
previously inform the Commission and as quickly as possible thereof.
►
M1 ◄Member States shall provide the Commission
with detailed information, broken down by variety, on areas, yieldsand production, and stocks at producers and processors. Such informa-tion must be based on a system providing for compulsory declarations
by producers and processors set up, administered and monitored by the
Member State.
Article 7
1. Under conditionsto be determined, a production refund may be
granted for starch and certain derived products, obtained from riceand broken rice, used in the manufacture of certain products.
2. The refund referred to in paragraph 1 shall be fixed periodically.
Article 8
Detailed rulesfor the application of thisTitle s hall be adopted in accor-
dance 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
transport;
(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 proceduresand conditionsfor taking over by the interven-
tion agenciesand any other rulesrelating 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 rulesfor the application of Article 6 and the price
increases and reductions applicable to the compensatory payment;
(e) detailed rulesfor the application of Article 7 and for fixing the
refunds and establishing the list of products provided for in that
Article.
TITLE II
TRADEWITHTHIRDCOUNTRIES
Article 9
1. Importsinto the Community, or exportsthereform, 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, irre-
spective 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 licencess hall be valid throughout the Community.
Such licences shall be issued subject to the lodging of a security guar-anteeing that the productsare imported or exported during the term ofvalidity 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 carriedout, or isonly carried out partially, within that period.1995R3072 — EN — 12.03.2002 — 006.001 — 8
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2. The term of validity of licencesand other detailed rulesfor the
application of thisArticle s hall 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 products
falling within CN code 1006 (excluding code 1006 10 10) which comefrom the Member Statesand are in one of the s ituationsreferred to inArticle 9 (2) of the Treaty.
That subsidy shall be fixed, taking into account the supply require-
mentsof the Réunion market, on the bas isof the difference between
the quotationsor pricesof the relevant productson the world market
and the quotationsor pricesof thos e productson the Communitymarket, and, if necessary, the price of those products delivered toRéunion.
The subsidy shall be granted on application by the party concerned.
The subsidy may be fixed, where appropriate, by a tendering proce-dure. Such tendering procedure shall relate to the amount of the
subsidy.
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 oron its own initiative, alter the subsidy.
2. The ruleson the financing of the common agricultural policy
shall apply to the subsidy provided for in paragraph 1.
3. Detailed rulesfor the application of thisArticle s hall 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 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,
minusthe 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, plusa percentageto be calculated and minusthe 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
codes1006 10, 1006 20 or 1006 40 00 into the French overs eas
department of Réunion, intended for consumption there;
(b) the duty to be charged on importsof productsfalling within CN
code 1006 30 into the French overseas department of Réunion,intended for consumption there, shall be multiplied by a coefficientof 0,30.1995R3072 — EN — 12.03.2002 — 006.001 — 9
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4. Detailed rulesfor the application of thisArticle s hall be adopted
in accordance with the procedure laid down in Article 22. Suchdetailed ruless hall 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
operatorsto 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 mayresult from imports of certain products listed in Article 1, imports ofone or more of such products at the rate of duty laid down in Article11 shall be subject to payment of an additional import duty if the
conditionss et out in Article 5 of the Agreement on Agriculture
concluded in accordance with Article 228 of the Treaty in the frame-work of the Uruguay Round of multilateral trade negotiationshavebeen fulfilled unless the imports are unlikely to disturb the Communitymarket, or where the effectswould be dis proportionate to the intendedobjective.
2. The trigger pricesbelow which an additional duty may be
imposed shall be those forwarded by the Community to the WorldTrade Organization.
The trigger volumesto be exceeded in order to have the additional
import duty imposed shall be determined particularly on the basis ofimportsinto the Community in the three yearspreceding the year inwhich the adverse effects referred to in paragraph 1 arise or are likelyto arise.
3. The import prices to be taken into consideration for imposing an
additional import duty shall be determined on the basis of the cifimport 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 productin question on the world market or on the Community import marketfor the product.
4. The Commission shall adopt detailed rules for the application of
thisArticle in accordance with the procedure laid down in Article 22.Such detailed ruless hall concern in particular:
(a) the productsto which additional import dutiesmay be applied
under the termsof Article 5 of the Agreement on Agriculture and
the special provisions to be applied to the products referred to inArticle 11 (2) with particular regard to the provisions for deter-mining the import pricesto be taken into cons ideration for thepurpose of applying an additional import duty;
(b) the fixing of the repesentative prices and the other criteria neces-
sary 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 onthe world market and within the limitsres ulting from agreementsconcluded in accordance with Article 228 of the Treaty, the differencebetween thos e quotationsor pricesand pricesin the Community maybe covered by an export refund.1995R3072 — EN — 12.03.2002 — 006.001 — 10
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Export refundson the productslis ted 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 exportswithout, however, creatingdiscrimination between large and small operators;
(b) is the least cumbersome administratively for operators, taking
account of administrative requirements;
(c) preventsany dis crimination between the operatorsconcerned.
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.
Refundss hall be fixed in accordance with the procedure laid down in
Article 22. Refundsmay be fixed:
(a) at regular intervals;
(b) by invitation to tender for productsfor 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 MemberState or on itsown initiative.
Refundsfixed at regular intervalsfor the productsreferred 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:
— pricesand availability of rice and broken rice on the Commu-
nity market;
— pricesof rice and broken rice on the world market;
(b) the aimsof the common organization of the market in rice, which
are to ensure equilibrium and the natural development of prices and
trade on thismarket;
(c) limitsres ulting from agreementsconcluded 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 parti-
cular of the need to establish a balance between the use of basicCommunity agricultural products for export as processed goods to third
countries and the use of basic agricultural products from these coun-
tries 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 marketsof 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 marketsreferred to in (a) to portsor other pointsof
export in the Community serving these markets, as well as costs
incurred in placing the goodson the world market.
6. Where refundsare fixed by a tendering procedure, s uch tendering
procedure shall relate to the amount of the refund.1995R3072 — EN — 12.03.2002 — 006.001 — 11
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7. Refundson productslis ted 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 exportsof productslis ted 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 thisparagraph.
9. Paragraphs7 and 8 may be applied to productslis ted in Article 1
and exported in the form of goodslis ted in Annex B in accordancewith the procedure 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 refundsare paid under food-aid operations , inaccordance with the procedure laid down in Article 22.
11. Save asotherwis e provided in accordance with the procedure
laid down in Article 22, the refund on productslis ted in Article 1 (1)(a) and (b) applicable in accordance with paragraph 4 shall be adjustedin line with the amount of monthly increases applicable to the interven-
tion price and, where appropriate, variationsin that price, depending on
the degree 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 neces-
sary, 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, the
adjustment referred to in the first subparagraph shall be corrected by
applying a coefficient expressing the ratio between the quantity ofbasic product and the quantity of the latter contained in the processedproduct exported or used in the goods exported.
12. The refund on the productsreferred to in Article 1 (a) and (b)
shall be paid upon proof that:
— the productshave been wholly obtained in the Community within
the meaning of Article 23 of Regulation (EEC) No 2913/92, except
where paragraph 13 applies,
— the productshave 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 wasfixed, without prejudice to paragraph 8 (b). Excep-tionsmay be made to thisrule in accordance with the procedure
laid down in Article 22, provided conditionsare laid down which
offer equivalent guarantees.
Additional provisions may be adopted in accordance with the proce-
dure laid down in Article 22.1995R3072 — EN — 12.03.2002 — 006.001 — 12
(1) OJ No L 318, 20. 12. 1993, p. 18.▼M1
▼B
▼B
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 dutieswere collected on the product'sreleas e for free
circulation. ◄
In such cases the refund on each product shall be equal to the duties
collected on importation where the latter are lower than the refundapplicable, where the dutiescollected on importation are higher than
that refund, the latter shall apply.
14. Compliance with the limitson volumesaris ing from agreements
concluded in accordance with Article 228 of the Treaty shall be
ensured on the basis of the export licences issued for the referenceperiodsprovided for therein and applicable to the productsconcerned.With regard to compliance with the obligationsaris ing under the agree-mentsconcluded aspart of the Uruguay Round, the ending of areference period shall not affect the validity of export licences.
15. Detailed rulesfor the application of thisArticle, including provi-
sions concerning the reallocation of quantities exported not allocated or
not used, in particular as regards the adjustment referred to in para-
graph 11, shall be adopted in accordance with the procedure laiddown in Article 22. Annex B shall be amended in accordance withthe same procedure. However, detailed rules for the application ofparagraph 7 to productsreferred to in Article 1 and exported in theform of goodsreferred to in the Annex s hall be adopted in accordance
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 proposalfrom 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 of inward or outward processing arrangements in respectof productslis ted 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 isdis turbed or isliable to be dis turbed by the inward oroutward processing arrangements, the Commission shall, at the requestof 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 no more than six months and shallbe immediately applicable. If the Commission receives a request froma Member State, it shall take a decision thereon within a weekfollowing 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 wasnotified. TheCouncil, acting by 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 beenrepealed.
Article 15
1. The general rulesfor the interpretation in the combined nomen-
clature and the special rules for its application shall apply to the tariff
classification 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,1995R3072 — EN — 12.03.2002 — 006.001 — 13
▼B
— the application of any quantitative restriction on imports or measure
having equivalent effect.
Article 16
1. Where the quotationsor priceson the world market for one or
more of the productslis ted in Article 1 (a) and (b) reach the level ofCommunity pricesand where that s ituation islikely to continue and todeteriorate, thereby disturbing or threatening to disturb the Communitymarket, appropriate measures may be taken.
2. Quotationsor priceson the world market s hall be regarded as
having reached the level of Community priceswhen they approach or
exceed the intervention 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 supplyand demand and where that imbalance islikely 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
the preceding paragraphs, where international trade prices are so high
asto impede importation of productslis ted in Article 1 into theCommunity or to provoke their export from the Community, therebyjeopardizing market stability or security of supplies.
5. Where the conditionsin thisArticle 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 quan-
tity,
— 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
isno longer fulfilled.
6. The following shall be taken into account when an export levy is
being fixed for productslis ted in Article 1 (1) (a) and (b):
(a) the existing situation and the future trend with regard to:
— pricesand availability of rice on the Community market,
— prices for rice and processed products in the rice sector on the
world market;
(b) the aimsof 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 productslis ted in Article 1 (1) (c) is
being fixed, the factors listed in paragraph 6 shall apply. In addition,the following specific factors shall be taken into account:
(a) pricesobtaining for broken rice on the variousCommunity
markets;
(b) the quantity of broken rice necessary to manufacture the products
under consideration and, where appropriate, the value of the by-products;1995R3072 — EN — 12.03.2002 — 006.001 — 14
▼B
(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-
mentsof certain marketss o require, the export levy may bedifferentiated.
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
the application for a licence shall be applied, if the applicant so
requests at the time of requesting the licence, to an export to be carriedout during the period of validity of the licence.
10. No levy may be applied to exportscarried out under food-aid
arrangementspurs uant to Article 13 (10).
11. Detailed rulesfor the application of thisArticle s hall 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 andthird indentsof 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 indentsof paragraph 5. It s hall notify itsdeci-sion to the Member States and shall publish it on the notice boards atits headquarters. The measures shall, by virtue of such a decision, be
applied to the relevant productsfrom the date s pecified 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.
Article 17
1. If, by reason of imports or exports, the Community market in one
or more of the productslis ted in Article 1 isaffected by, or isthrea-tened with, serious disturbance likely to jeopardize the achievement ofthe objectives set out in Article 39 of the Treaty, appropriate measuresmay be applied in trade with third countries until such disturbance orthreat 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 rulesfor the application of thisparagraph and s hall
define in what cases and within what limits Member States may takeprotective 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, 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 decision
thereon within three working daysfollowing receipt of the reques t.
3. Measures decided upon by the Commission may be referred to
the Council by any Member Stateswithin three working daysof theday on which they were notified. The Council shall meet withoutdelay. It may, acting by a qualified majority, amend or annul themeasure in question.
4. ThisArticle s hall be applied having regard to the obligations
arising from agreements concluded in accordance with Article 228 (2)of the Treaty.1995R3072 — EN — 12.03.2002 — 006.001 — 15
▼B
TITLE III
GENERALANDFINALPROVISIONS
Article 18
Goodslis ted in Article 1 which are manufactured or obtained from
productsnot referred to in Articles9 (2) or 10 (1) of the Treaty s hallnot be admitted for free circulation within the Community.
Article 19
Save asotherwis e provided in thisRegulation, Articles92, 93 and 94
of the Treaty shall apply to the production and marketing of theproductslis ted in Article 1.
Article 21
The Member States and the Commission shall communicate to each
other the information necessary for implementing this Regulation. The
arrangements for communicating and disseminating this information
shall be adopted in accordance with the procedure laid down in Article22.
Article 22
1. The Commission shall be assisted by the Management Committee
for Cereals established by Article 23 of Council Regulation (EEC) No
1766/92 of 30 June 1992 on the common organisation of the market incereals(
1) hereinafter referred to as‘the Committee’.
2. Where reference ismade to thisparagraph, Articles4 and 7 of
Decision 1999/468/EC shall apply.
The period provided for in Articles 4(3) of Decision 1999/468/EC shall
be set at one month.
3. The Committee shall adopt its rules of procedure.
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 represen-
tative 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 39and 110 of the Treaty.
Article 25
1. Annex B to Regulation (EEC) No 1418/76 shall be replaced by
Annex B to thisRegulation asfrom 1 January 1996.
2. Regulation (EEC) No 1418/76 shall be repealed from the 1996/97
marketing year.
3. Referencesmade to the Regulation repealed by paragraph 1 s hall
be construed as being made to this Regulation and should be read inaccordance with the correlation table in Annex C.1995R3072 — EN — 12.03.2002 — 006.001 — 16
(1) OJ L 181, 1.7.1992, p. 21.▼M4
▼B
▼M4
▼B
▼B
4. The following Regulationss hall 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 organiza-
tion of the market in rice to that provided for by thisRegulation or tofacilitate the changeover from one marketing year to another during the1996-97 and 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 Regu-
lation (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
ThisRegulation s hall enter into force on the day of itspublication in
theOfficial 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.
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.1995R3072 — EN — 12.03.2002 — 006.001 — 17
(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.
▼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.
Examplesof rice falling within thisdefinition are thos e with the
commercial descriptions ‘brown rice’, ‘cargo rice, loonzain’ and ‘riso
sbramato’;
(c)semi-milled rice : paddy rice from which the husk, part of the germ and
the whole or part of the outer layersof the pericarp but not the inner
layershave been removed;
(d)wholly milled rice : paddy rice from which the husk, the whole of the
outer and inner layersof the pericarp, the whole of the germ in the cas e
of long grain or medium grain rice and at least part thereof in the case of
round grain rice have been removed, but in which longitudinal white
striations may remain on not more than 10 % of the grains.
2. (a)Round grain rice : rice, the grainsof 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 grainsof 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 grainsof which are of a length exceeding 6,0 mm and of
which the length/width ratio isgreater than 2 but les sthan 3;
(B) rice, the grainsof which are of a length exceeding 6,0 mm and of
which the length/width ratio isequal to or greater than 3;
(d)measurements of the grains : grain measurements are taken on wholly
milled rice by the following method:
(i) take a representative sample from the consignment;
(ii) sieve the sample so as to retain only whole grains including imma-
ture grains;
(iii) carry out two measurements consisting of 100 grains each and find
the average;
(iv) express the result in millimetres, rounded off to one decimal place.
3.Broken rice : grain fragmentsthe length of which doesnot exceed three quar-
tersof the average length of the whole grain.1995R3072 — EN — 12.03.2002 — 006.001 — 18
▼M3
ANNEX B
CN code Description
ex 0403 Buttermilk, curdled milk and cream, yoghurt, kephir and
other fermented or acidified milk and cream, flavoured
or containing added fruit, nutsor cocoa, whether or not
concentrated or containing sugar or other sweetening
matter:
0403 10 – Yoghurt:
0403 10 51 to
0403 10 99– – Flavoured or containing added fruit, nutsor cocoa
0403 90 – Other:
0403 90 71 to
0403 90 99– – Flavoured or containing added fruit, nutsor 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 preparationscontaining cocoa,
except goodsof s ubheadings1806 10, 1806 20 70,
1806 90 60, 1806 90 70 and 1806 90 90
ex 1901 Malt extract; food preparationsof flour, meal, s tarch or
malt extract, not containing cocoa or containing less
than 40 % by weight of cocoa calculated on a totally
defatted basis, not elsewhere specified or included;
food preparationsof goodsof headingsNo 0401 to
0404, not containing cocoa or containing less than 5 %
by weight of cocoa calculated on a totally defatted basis,
not elsewhere specified or included:
1901 10 00 – Preparations for infant use, put up for retail sale
1901 20 00 – Mixesand doughsfor the preparation of bakers ' wares
of heading No 1905
1901 90 – Other:
1901 90 11 to
1901 90 19– – Malt extract
– – Other:
1901 90 99 – – – Other
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 pasta:
1902 40 90 – – Other1904 Prepared foods obtained by the swelling or roasting of
cerealsor cereal products(for example, corn flakes );
cereals(other than maize (corn)) in grain form or in the
form of flakesor other worked grains(except flour and
meal), pre-cooked or otherwise prepared, not elsewhere
specified or included
ex 1905 Bread, pastry, cake, biscuits and other bakers' wares,
whether or not containing cocoa; communion wafers,
empty cachetsof a kind s uitable 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 and
similar products.
ex 2004 Other vegetables prepared or preserved otherwise than
by vinegar or acetic acid, frozen, other than productsof
heading No 2006:
– Potatoes:1995R3072 — EN — 12.03.2002 — 006.001 — 19
▼M3
CN code Description
– – Other:
2004 10 91 –––I nt h e 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:
– Potatoes:
2005 20 10 – – In the form of flour, meal or flakes
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, and extracts, essences
and concentratesthereof:
2101 12 – – Preparations with a basis of these extracts, essences
or concentratesor with a bas isof coffee:
2101 12 98 – – – Other
2101 20 – Extracts, essences and concentrates, of tea or maté,
and preparations with a basis of these extracts, essences
or concentrates, or with a basis of tea or maté:
2101 20 98 – – – Other
2105 00 Ice cream and other edible ice, whether or not
containing cocoa
2106 Food preparations not elsewhere specified or included:
– Other:
2106 90 10 – – Cheese fondues
– – Other:
2106 90 92 – – – Containing no milk fats, sucrose, isoglucose,
glucose or starch or containing, by weight, less than
1,5 % milk fat, 5 % sucrose or isoglucose, 5 % glucose
or starch
2106 90 98 – – – Other
ex 3505 Dextrinsand other modified s tarches(for example preg-
elatinised starches); glues based on starches, or on
dextrins or other modified starches, except starches of
No 3505 10 50
ex 3809 Finishing agents, dye carriers to accelerate the dyeing or
fixing of dyestuffs and other products and preparations
(for example, dessings and mordants), of a kind used in
the textile, paper, leather or like industries, not else-
where specified or included:
3809 10 – With a basis of amylaceous substances1995R3072 — EN — 12.03.2002 — 006.001 — 20
▼B
ANNEX C
TABLEOFCORRELATION
Regulation (EEC) No 1418/76 ThisRegulation
Article 1 Article 1
Article 2 Article 2
Article 3 Article 3 (1)
Article 4:
paragraph 1 Article 3 (3)paragraphs2 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 5second subparagraph Article 8 (c)
Article 7 Article 3 (2)
— Article 6
Article 8 —
Article 8a —
Article 9:
paragraphs1 and 2 Article 7paragraph 3 Article 8 (c)— Article 8 (e)
Article 10 Article 9
Article 11 Article 10
Article 12 Article 11
Article 13 Article 12
Article 14 Article 13
Article 15 Article 14
Article 16 Article 15
Article 17 Article 16
Article 18 Article 17
Article 23 Article 18
Article 24 Article 19
Article 25 —
— Article 20
Article 25a —
Article 26 Article 21
Article 27 Article 22
Article 28 Article 23
Article 29 Article 24
Article 30 Article 25— Article 26
Article 31 Article 27
Annex A Annex A
Annex B Annex B1995R3072 — EN — 12.03.2002 — 006.001 — 21
▼B
Regulation (EEC) No 1418/76 ThisRegulation
Annex C Annex C1995R3072 — EN — 12.03.2002 — 006.001 — 22