Council Regulation (EC) No 192/98 of 20 January 1998 amending Regulation (EC) No 3072/95 on the common organisation of the market in rice and Regulation (EEC) No 2358/71 on the common organisation of the market in seeds
Date: 1998-01-20
Institutions: Council of the European Union
Subjects: common agricultural policy, common organisation of markets, market intervention, rice, seed

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Official Journal of the European Communities

27. 1. 98

COUNCIL REGULATION (EC) No 192/98

of 20 January 1998

amending Regulation (EC) No 3072/95 on the common organisation of the market
in rice and Regulation (EEC) No 2358/71 on the common organisation of the
market in seeds

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 43 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of
liament (2),

the European Par-

Having regard to the opinion of the Economic and Social
Committee (3),

Whereas the system of compensatory payments intro-
duced by Article 6 of Regulation (EC) No 3072/95 (4)
should be extended to cover producers of rice in the husk
(paddy or rough rice) for sowing; whereas the fall in prices
attendant on the reduction in the intervention price
provided for in Article 3 of that Regulation has an impact
on prices of rice for sowing; whereas, given the lack of
adequate compensation, there is a risk that the result
would be lower use of certified seed and a deterioration in
rice quality;

Whereas rice for sowing should be included among the
products covered by Regulation (EC) No 3072/95 solely
so it can qualify for compensatory payments; whereas it
the product qualifies for
should be remembered that
production aid for
seeds under Regulation (EEC)
No 2358/71 (5);

Whereas Article 3 of Regulation (EC) No 3072/95 fixes
the intervention price for paddy rice at the same level for
the 1999/2000 and subsequent marketing years; whereas
provision should be made at
the same time for the
compensatory payments fixed in Article 6(1) of that Regu-
lation to remain the same for the 1999/2000 and subse-
quent marketing years;

be applied on the basis of an area established by producer
Member State; whereas provision should accordingly be
made for the reduction applying in the event of an
overrun in that area to be determined by the Member
State concerned;

Whereas Article 6(5) of Regulation (EC) No 3072/95
provides for information to be forwarded by the Member
States on the basis of declarations from producers and
processors; whereas that provision should be amended to
delete any reference to the national base area;

it

seems economically justified for export
Whereas
refunds to be granted subject to provision of proof that
the product has been wholly obtained in the Community
within the meaning of Council Regulation (EEC)
No 2913/92 of 12 October 1992 establishing the
Community Customs Code (6); whereas that obligation
does not apply in the event of re-export;

following the extension of

the system of
Whereas,
compensatory payments to rice for sowing and in order to
ensure balance on the market for rice seed, in particular
to safeguard possibilities of disposal in line with the base
area
established in Article 6 of Regulation (EC)
No 3072/95, it seems justified to introduce a mechanism
to stabilise production of rice seed; whereas provision
should be made for the system of compensatory payments
to be extended and for the stabilisation mechanism es-
tablished to apply from the beginning of the 1998/99
marketing year,

HAS ADOPTED THIS REGULATION:

Article 1

Whereas, pursuant
to Article 6(4) of Regulation (EC)
No 3072/95, the system of compensatory payments is to

Regulation (EC) No 3072/95 is hereby amended as
follows:

(1) OJ C 312, 14. 10. 1997, p. 18.
(2) Opinion delivered on 14 January 1998 (not yet published in

1. in Article 1:

(3) Opinion delivered on 10 December 1997 (not yet published

the Official Journal).

in the Official Journal).

(4) OJ L 329, 30. 12. 1995, p. 18. Regulation as last amended by
Regulation (EC) No 613/97 (OJ L 94, 9. 4. 1997, p. 1).
(5) OJ L 246, 5. 11. 1971, p. 1. Regulation as last amended by Re-
gulation (EC) No 3290/94 (OJ L 349, 31. 12. 1994, p. 105).

(a) paragraph 1 shall be replaced by the following:

(6) OJ L 302, 19. 10. 1992, p. 1. Regulation as last amended by
Regulation (EC) No 82/97 (OJ L 17, 21. 1. 1997, p. 1).

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Official Journal of the European Communities

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‘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

ously inform the Commission and as quickly as
possible thereof.’;

(ii) at the beginning of the third subparagraph, the
words ‘For each base area’ shall be deleted;

(a) 1006 10

1006 20
1006 30

Rice in the husk (paddy or rough
rice)
Husked (brown) rice
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
1104 19 91
1108 19 10

Pellets of rice
Flaked rice
Rice starch.’;

(b) the following paragraph shall be added:

‘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
system of compensatory payments provided for in
Article 6.’;

2. in Article 6:

(a) in paragraph 3, the heading of the fourth column
of the table shall be replaced by ‘1999/2000 and
subsequent marketing years’;

(b) in paragraph 5:

(i) the second subparagraph shall be replaced by

the following:
‘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, deter-
mine the scale of the reductions to be applied
to the compensatory payment. It shall previ-

3. in Article 13:

(a) in the first subparagraph of paragraph 12, the first

indent shall be replaced by the following:

‘— the products have been wholly obtained in the
Community within the meaning of Article 23
of Regulation (EEC) No 2913/92, except where
paragraph 13 applies’;

(b) the first subparagraph of paragraph 13 shall be

replaced by the following:

‘No 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.’

Article 2

The following paragraph is hereby added to Article 3 of
Regulation (EEC) No 2358/71:

‘4a.
The maximum quantity of rice seed on which
the aid is payable in the Community shall be fixed in
accordance with the procedure referred to in para-
graph 5. That quantity shall be apportioned among
the producer Member States.’

Article 3

This Regulation shall enter into force on the third day
following its publication in the Official Journal of the
European Communities.

However, Article 1(1) shall apply from 1 September 1998
and Article 2 shall apply from 1 July 1998.

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 20 January 1998.

For the Council

The President

J. CUNNINGHAM