1991R0862 — EN — 01.07.1999 — 001.001 — 1
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►B COMMISSION REGULATION (EEC) No 862/91
of 8 April 1991
laying down detailed rules applying Council Regulation (EEC) No 3491/90 to imports of rice
originating in Bangladesh
(OJ L 88, 9.4.1991, p. 7)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EC) No 2123/95 of 6 September 1995 L 212 8 7.9.1995
►M2 Commission Regulation (EC) No 1373/96 of 16 July 1996 L 178 5 17.7.1996
►M3 Commission Regulation (EC) No 1407/97 of 22 July 1997 L 194 13 23.7.1997
►M4 Commission Regulation (EC) No 1482/98 of 10 July 1998 L 195 14 11.7.1998
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COMMISSION REGULATION (EEC) No 862/91
of 8 April 1991
laying down detailed rules applying Council Regulation (EEC) No
3491/90 to imports of rice originating in Bangladesh
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 3491/90 of 26
November 1990 on imports of rice originating in Bangladesh (
1), and in
particular Article 3 thereof,
Having regard to Council Regulation (EEC) No 1676/85 of 11 June
1985 on the value of the unit of account and the conversion rates to beapplied for the purposes of the common agricultural policy (
2), as last
amended by Regulation (EEC) No 2205/90 (3), and in particular Article
5 (3) thereof,
Having regard to the opinion of the Monetary Committee,Whereas Regulation (EEC) No 3491/90 lays down that the levy calcu-
lated in accordance with Article 11 of Council Regulation (EEC) No1418/76 (
4), as lastamended by Regulat ion (EEC) No 1806/89 (5), shall
be reduced by 50 % plus a standard component varying according to theextent to which the rice is milled, provided that a corresponding tax ispaid when the rice is exported from the third country concerned;
Whereas since the exact amount of export tax can be collected only if
the levy that will be applied on import into the Community is known,t he importlevy mustbe fixed in advance;
Whereas it is necessary to ascertain that the exporting country has
actually collected an export tax of an amount corresponding to thereduction in the levy applied;
Whereas Article 3b of Commission Regulation (EEC) No 3152/85 of 11
November 1985 laying down detailed rules for the application of Regu-lation (EEC) No 1676/85 on the value of the unit of account and theconversion rates to be applied for the purposes of the common agricul-tural policy (
6), as lastamended by Commission Regulat ion (EEC) No
3237/90 (7), determined the rate to be used for the conversion of the
amount expressed in the national currency of a third country into thenational currency of a Member State;
Whereas Regulation (EEC) No 3491/90 also lays down that the reduced
levy may be applied only where a certificate of origin is provided;whereas the provisions of Commission Regulation (EEC) No 3850/89of 15 December 1989 laying down provisions for the implementation ofCouncil Regulation (EEC) No 802/68 of 27 June 1968 on the commondefinition of the concept of the origin of the goods in respect of certainagricultural products subject to special import arrangements (
8) should
be applied and the terms of validity of the certificate of origin should befixed;
Whereas suitable administrative measures should be laid down in order
to ensure that the volume of the quota fixed is not exceeded;
(1) OJ No L 337, 4. 12. 1990, p. 1.
(2) OJ No L 164, 24. 6. 1985, p. 1.
(3) OJ No L 201, 31. 7. 1990, p. 9.
(4) OJ No L 166, 25. 6. 1976, p. 1.
(5) OJ No L 177, 24. 6. 1989, p. 1.
(6) OJ No L 310, 21. 11. 1985, p. 1.
(7) OJ No L 310, 9. 11. 1990, p. 18.
(8) OJ No L 374, 22. 12. 1989, p. 8.
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Whereas, for the purposes of managing the quota, Member States must
inform the Commission of the quantities for which import licences forrice originating in Bangladesh have been applied for;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
The amounts of the levies referred to in Article 1 (1) of Regulation(EEC) No 3491/90 shall be calculated each week by the Commission onthe basis of the levies laid down in accordance with Article 11 ofRegulation (EEC) No 1418/76.
Article 2
1. For imports made under Regulation (EEC) No 3491/90, Regula-tion (EEC) No 3850/89 shall be applied with regard to the documentaryproof of origin of the goods.
A model of the certificate of origin to be used is set out in the Annex to
this Regulation.
2. The certificate of origin referred to in paragraph 1 shall be valid
for 90 days from the date of issue and up to 31 December of the sameyear at the latest.
3. The competent authority for issuing certificates of origin shall be
the Export Promotion Bureau of Bangladesh.
Article 3
1. The proof referred to in the first indent of Article 1 (2) of Regula-tion (EEC) No 3491/90 shall be constituted by the competent authoritiesin Bangladesh entering one of the following indications under‘Remarks' in the certificate of origin:
— ‘Derecho especial percibido a la exportación del
arroz'
— ‘Særafgift, der opkræves ved eksport af ris'
— ‘Bei der Ausfuhr von Reis erhobene sonderab-
gabe'
—‘Ειδικός δασµός που εισπράττεται κατά την
εξαγωγή ρυζιού '
— ‘Special charge collected on export of rice'— ‘Taxe spéciale perçue à l’exportation du riz'— ‘Tassa speciale riscossa all’esportazione del riso'—‘ B ĳuitvoer van de r ĳstopgelegde b ĳzondere
heffing'
— ‘Taxa especial cobrada à exportação de arroz'.Amountin
nationalcurrency
2. Where the tax collected by the exporting country is less than the
reduction referred to in Article 1 (1) of Regulation (EEC) No 3491/90,the reduction shall not exceed the amount collected.
3. The exchange rate to be used for converting the import tax
collected in Bangladesh into the currency of the importing MemberState shall be that referred to in Article 3b of Regulation (EEC) No3152/85 valid on the day of advance fixing of the levy.
Article 4
1. In addition to fulfilling the other conditions laid down byCommunity rules, the application for an import licence and the importlicence itself, in order to qualify for the reduced levy referred to inArticle 1 of Regulation (EEC) No 3491/90, must include:
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(a) In box 20 and in box 24 respectively one of the following:
— ‘Exacción reguladora reducida Bangladesh'
— ‘ReduceretafgiftBangladesh'— ‘Verminderte Abschöpfung Bangladesch'—‘Μειωµένη εισφορά Μπαγκλαντές '
— ‘Reduced levy Bangladesh'— ‘PrélèvementréduitBangladesh'— ‘Prelievo ridotto Bangladesh'— ‘Verminderde heffing Bangladesh'— ‘Direito nivelador reduzido Bangladesh';
(b) in box 8, the word ‘Bangladesh'.
2. The import licence, issued for a quantity not exceeding that
entered on the certificate of origin referred to in Article 2, obliges theimport er t o importfrom Bangladesh. The importlevy mustbe fixed inadvance.
3. The importlicence referred t o in paragraph 1 shall be issued on
the fifth working day following the date on which the application wassubmitted, provided no measure suspending the advance fixing of thelevy has been taken during that period and that the quantity qualifyingfor the reduced levy has not been exhausted.
4. When the quantities applied for exceed the quantities for which a
reduced levy is granted, the Commission shall fix a uniform percentagereduction of the quantities applied for.
In such cases, the licence shall be issued for the quantities resulting
from the application of this uniform percentage reduction to the quant-ities applied for.
If this percentage, however, results in a licence for a quantity of less
than 20 tonnes being issued, the operator may withdraw his or herapplication and the related security shall be released. Member Statesshall inform the Commission, during the following two days at thelatest, of the quantities for which applications have been withdrawn.
5. When the quantity for which the import licence is issued is lower
than the quantity applied for, the amount of the security shall bereduced accordingly.
Article 5
Member States shall inform the Commission by telex of:
(a) the quantities of each type of rice originating in Bangladesh that
have been the subject of an application for an import licence;
(b) the quantities of each type of rice in respect of which an import
licence has actually been issued, giving the date and the exportingcountry (Bangladesh);
(c) the quantities of each type of rice for which a licence was issued
butnotused;
(d) the quantities of each type of rice for which import licences have
been cancelled within the meaning of Article 36 of CommissionRegulation (EEC) No 3719/88 (
1).
This information must be communicated separately from the informa-
tion relating to other applications for import licences in the rice sectorand in accordance with the same procedures.
Article 6
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
(1) OJ No L 331, 2. 12. 1988, p. 1.
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ANNEX