Commission Regulation (EC) No 1595/98 of 23 July 1998 amending Regulation (EC) No 2603/97 laying down the detailed implementing rules for imports of rice originating in the ACP countries or the overseas countries and territories (OCT) and laying down specific detailed rules on the partial reimbursement of import duties levied on rice originating in the ACP countries
Date: 1998-07-23
Institutions: European Commission
Subjects: ACP countries, CCT duties, customs drawback, import (EU), import licence, originating product, overseas countries and territories, rice, tariff reduction

24. 7. 98

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Official Journal of the European Communities

L 208/21

COMMISSION REGULATION (EC) No 1595/98

of 23 July 1998

amending Regulation (EC) No 2603/97 laying down the detailed implementing
rules for imports of rice originating in the ACP countries or the overseas
countries and territories (OCT) and laying down specific detailed rules on the
partial reimbursement of import duties levied on rice originating in the ACP
countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to the Council Regulation of 20 July 1998
on the arrangements applicable to agricultural products
and goods resulting from the processing of agricultural
products originating in the African, Caribbean and Pacific
States (ACP States) (1), and in particular Article 30(1)
thereof,

Whereas Commission Regulation (EC) No 2603/97 (2) lays
down the detailed implementing rules for imports of rice
originating in the ACP countries or in overseas countries
and territories (OCT); whereas, following the Council’s
adoption of
the
amendments to the arrangements governing imports from
the ACP countries as a result of the mid-term review of
the Fourth Lom(cid:130) Convention, Regulation (EC) No
2603/97 should be amended accordingly;

the Regulation, which implements

the Regulation provides for a
Whereas Article 13 of
further reduction in the customs duty applicable to rice
originating in the ACP countries; whereas that reduction
is subject to the levying by the exporting ACP country of
an export charge equal to the amount of the reduction in
the customs duty; whereas, pursuant to Article 34 of that
Regulation,
the reduction is to apply from 1 January
1996;

the partial

reimbursement of

Whereas
import duties
resulting from the reduction in duties applicable from 1
January 1996 is to be carried out in accordance with
Council Regulation (EEC) No 2913/92 of 12 October
1992 establishing the Community Customs Code (3), as
last amended by Regulation (EC) No 82/97 (4), and
Commission Regulation (EEC) No 2454/93 of 2 July
1993 laying down provisions for the implementation of
Council Regulation (EEC) No 2913/92 establishing the
Community Customs Code (5), as last amended by Regula-
tion (EC) No 75/98 (6);

(1) Not yet published in the Official Journal.
(2) OJ L 351, 23. 12. 1997, p. 22.
(3) OJ L 302, 19. 10. 1992, p. 1.
(4) OJ L 17, 21. 1. 1997, p. 1.
(5) OJ L 253, 11. 10. 1993, p. 1.
(6) OJ L 7, 13. 1. 1998, p. 3.

Whereas,
in the interests of clarity and administrative
convenience, the method for calculating the amount of
the reimbursement should be specified; whereas the certi-
ficate to be presented to establish that the export charge
of the country of origin has been levied, for the purpose
of applying Article 880 of Regulation (EEC) No 2454/93,
should also be specified;

Whereas experience shows that the intervals at which the
Member States forward information on the quantities
released for free circulation under these import arrange-
ments should be adapted;

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

Regulation (EC) No 2603/97 is hereby amended as
follows:

1. Article 2(1) is replaced by the following:

‘1.
As regards the quantity of 125 000 tonnes of rice,
in husked rice equivalent, falling within CN codes
1006 10 21 to 1006 10 98, 1006 20 and 1006 30 laid
down in Article 14(1) of the Council Regulation of 20
July 1998, licences for imports at a reduced rate of
customs duty shall be issued each year under the fol-
lowing tranches:

— January: 41 668 tonnes,

— May: 41 666 tonnes,

— September: 41 666 tonnes.’;

2. Article 3(1) is replaced by the following:

‘1.
As regards the quantity of 20 000 tonnes of
broken rice falling within CN code 1006 40 00 laid
down in Article 14(1) of the Council Regulation of 20
July 1998, licences for imports at a reduced rate of
customs duty shall be issued each year under the fol-
lowing tranches:

— January: 10 000 tonnes,

— May: 10 000 tonnes,

— September: —.’;

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Official Journal of the European Communities

24. 7. 98

3. Article 4 is replaced by the following:

‘Article 4

the
For the purposes of applying Article 13(1) of
Council Regulation of 20 July 1998, the amounts of
the customs duties shall be calculated each week but
fixed every two weeks by the Commission.’;

4. Article 5(5) is replaced by the following:

The customs duty shall be that applying on the

‘5.
day the licence application is lodged.’;

5. Article 7 is replaced by the following:

‘Article 7

1. Quantities carried over referred to in Article 2(2)
may be the subject of
licence applications for the
import of rice originating in the ACP States falling
within CN codes 1006 10 21 to 1006 10 98, 1006 20
and 1006 30 and rice originating in the OCTs falling
within CN code 1006.

2. Quantities as referred to in paragraph 1 that are
not covered by import licences issued under a tranche
shall be carried over to the following tranche.’;

6. Article 12 is replaced by the following:

‘Article 12

The Member States shall notify the Commission by
telex or fax in the form set out in Annex I:

— within two working days of their issue, of the quan-
tities, broken down by eight-digit CN code and
country of origin, covered by the import licences
issued, the date of issue, the number of the licence
and the name and address of the holder,

— not later than two months after expiry of the vali-
dity of each licence, of the quantities, broken down
by eight-digit CN code and country of origin, actu-
ally released for free circulation, the date of release,
the licence and the name and
the number of
address of the holder.

Such notifications must also be made where no licence
has been issued and no imports have taken place.’

Article 2

Pursuant

1.
to Article 236 of Regulation (EEC) No
2913/92, for rice originating in the ACP countries and
released for free circulation between 1 January 1996 and
the entry into force of this Regulation, an amount per
tonne shall be reimbursed equal:

application was lodged,
in the case of broken rice
falling within CN code 1006 40 00, paddy rice falling
within CN codes 1006 10 21 to 1006 10 98 and
husked rice falling within CN code 1006 20,

— to 15 % of the difference between the full customs
duty applicable to third countries on the date on
which the import licence application was lodged and
the amount of ECU 16,78,
in the case of wholly
milled and semi-milled rice falling within CN code
1006 30.

2.
Applications for reimbursement shall be presented
in accordance with Article 236(2) of Regulation (EEC) No
2913/92 and Articles 878, 879 et seq. of Regulation (EEC)
No 2454/93.

Applications for

3.
panied by:

reimbursement shall be accom-

(a) the import licence or a certified copy thereof;

(b) the declaration of release for free circulation, or a
for the import consignment

certified copy thereof,
concerned;

and

(c) a certificate drawn up by the Member State that issued
the import licence, as provided for in Article 880 of
Regulation (EEC) No 2454/93, presented in ac-
cordance with the specimen in the Annex.

Such certificates shall be issued only on presentation of
proof that the customs authorities of the exporting ACP
country have received payment of a complementary
export charge equal to the amount determined in ac-
cordance with paragraph 1 for the quantities actually
released for free circulation in the Community.

This proof shall be provided where the original of an
EUR 1 movement certificate is presented, showing one of
the following entries in Box 7:

Amount in national currency:

— Tasa complementaria percibida a la exportaci(cid:155)n del

arroz;

Certificado utilizado para la importaci(cid:155)n: EUR 1 no

— Særafgift, der opkræves ved eksport af ris;

Certificat, der anvendes ved import: EUR.1 nr.

— Bei der Ausfuhr von Reis erhobene erg(cid:132)nzende

Abgabe;

F(cid:129)r die Einfuhr verwendete Bescheinigung: EUR 1

— Sulpkgqylatij ˜or v ˜oqor pou eispq ˜attetai jat ˜a

tgm enacyc ˜g tou qufio ˜u·

— to 15 % of the full customs duty applicable to third
countries on the date on which the import licence

Pistopoigtij ˜o pou wqgsilopoie˜itai cia tgm
eisacyc ˜g: EUR 1 aqih.

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— Complementary charge collected on export of rice;

Certificate used for the import: EUR 1 No

— Taxe compl(cid:130)mentaire per(cid:135)ue (cid:133) l’exportation du riz;
Certificat utilis(cid:130) pour l’importation: EUR 1 no

— Tassa complementare riscossa all’esportazione del riso;
Certificato usato per l’importazione: EUR 1 n.

— Bij uitvoer van de rijst opgelegde bijzondere heffing;
Voor de invoer gebruikt certificaat: EUR 1 nr.

— Imposi(cid:135)˜ao complementar cobrada na exporta(cid:135)˜ao do

arroz;
Certificado utilizado para a importa(cid:135)˜ao: EUR 1 nº

— Riisin viennin yhteydess(cid:132) peritt(cid:132)v(cid:132) t(cid:132)ydent(cid:132)v(cid:132) maksu.

Tuonnissa k(cid:132)ytett(cid:132)v(cid:132) todistus: EUR-1 N:o

— S(cid:132)rskild avgift f(cid:148)r risexport;

Certifikat som anv(cid:132)nts f(cid:148)r importen: EUR 1 nr

(Signature and official stamp).

4.
If the complementary charge collected by the ex-
porting country is less than the amount referred to in

paragraph 1, the amount reimbursed shall be that actually
collected.

5.
If the export charge collected is in a currency other
than that of the importing Member State, the exchange
rate to be used to calculate the amount of charge actually
collected shall be the rate registered on the most repre-
sentative currency exchange or exchanges in that Member
State on the date the customs duty was fixed in advance.

Article 3

The quantities for which import licence applications were
lodged before the entry into force of this Regulation and
from
which are released after that date shall benefit
customs duties determined pursuant to Article 4 of Regu-
lation (EC) No 2603/97 provided importers present to the
customs authorities of the Member State of release for free
circulation the proof
the complementary export
charge referred to in Article 2(3)(c) of this Regulation has
been paid.

that

Article 4

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.

Done at Brussels, 23 July 1998.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX

Application for a certificate and certificate concerning the partial reimbursement of import
duties levied on rice originating in the ACP countries — Council Regulation of 20 July 1998

Body issuing the certificate (name and address):

Holder (name, full address and Member State):

Reference
import
licence
number

Customs office
of release
for free
circulation

Date
of release
for free
circulation

Quantity
released
for free
circulation
(tonnes)

CN code

Amount
reimbursed
(ECU/t)

.........................................................................................
(date, signature and stamp)