Proposal for a Council Regulation on the common organisation of the market in rice
Date: 2000-06-07
Institutions: European Commission
Subjects: common customs tariff, common organisation of markets, production aid, production quota, rice

C 311 E/330

EN

Official Journal of the European Communities

31.10.2000

Proposal for a Council Regulation on the common organisation of the market in rice

(2000/C 311 E/25)

COM(2000) 278 final (cid:151) 2000/0151(CNS)

(Submitted by the Commission on 13 June 2000)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Articles 36 and 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of
Committee,

the Economic and Social

Whereas:

(1) The operation and development of the common market
for agricultural products must be accompanied by the
establishment of
common agricultural policy to
in particular, a common organisation of agri-
include,
cultural markets which may
forms
depending on the product.

various

take

a

(2) The European rice market is in serious unbalance; the
volume of rice stored in public intervention is very
to about one fifth of Community
large, equivalent
and increasing significantly each year. The
output,
imbalance is caused by increases
in both domestic
output and imports and by the restrictions on exports
with refunds
in accordance with the Agriculture
Agreement.

(3) This problem must be solved by revising the common
in such a way as to take
market organisation for rice,
improve the equilibrium and fluidity
control of output,
of
the market and enhance the competitiveness of
Community agriculture, while pursuing the other aims
of Article 33 of
including maintaining
suitable income support for producers.

the Treaty,

(4) After careful consideration of all aspects of the situation,
it appears that the most suitable solution is to integrate
rice into the scheme to support the incomes of producers
of certain arable crops, governed by Council Regulation
(EC) No 1251/1999 (1), amended by Regulation (EC) No
2704/1999 (2), while discontinuing the intervention price
arrangements. This integration is achieved by means of
Regulation (EC) No . . ./2000 (3).

(5) The application to imports of

the Common Customs
fluidity, will
Tariff, combined with increased market
restore equilibrium in the sector and enhance the
competitiveness of Community production. The income
support system will compensate producers for the discon-
tinuation of the intervention arrangements.

(6) However, provision should be made for private storage
aid, and for measures to be taken when distortion or
risk of distortion on the Community market
the
endangers the prospect of achieving the aims of Article
33 of the Treaty.

(7) There should be a production refund for rice starch and
derived products by analogy with the refund laid down
for the products referred to in Article 7 of Council Regu-
lation (EEC) No 1766/92 of 30 June 1992 on the
common organisation of
last
amended by Regulation (EC) No 1253/1999 (5), with
which they compete.

the market in cereals (4),

(8) The creation of a single Community market

for rice
involves the introduction of a trading system at
the
external frontiers of the Community. A trading system
in
including import duties and export refunds should,
principle, stabilise the Community market. The trading
system should be based on the undertakings accepted
under the Uruguay Round of multilateral negotiations.

(9) In order

able

to be

constantly to monitor

trade
movements, provision should be made for an import
and export
licence scheme with the lodging of a
security to ensure that the transactions for which such
licences are requested are effected.

(10)

In order to prevent or eliminate adverse effects on the
Community market which could result from imports of
certain products, imports of one or more such products
may be subject to payment of an additional import duty,
if certain conditions are fulfilled.

(11)

It is appropriate to confer on the Commission the power
to open and administer tariff quotas resulting from inter-
national agreements concluded in accordance with the
Treaty or from other acts of the Council.

(1) OJ L 160, 26.6.1999, p. 1.
(2) OJ L 327, 21.12.1999, p. 12.
(3) See p. . . . of this Official Journal.

(4) OJ L 181, 1.7.1992, p. 21.
(5) OJ L 160, 26.6.1999, p. 18.

31.10.2000

EN

Official Journal of the European Communities

C 311 E/331

(12) Provisions for granting a refund on exports to third
countries, based on the difference between prices within
the Community and on the world market, and falling
within the limits set by the WTO Agreement on agri-
culture, should serve to safeguard Community partici-
pation in international
trade in rice. These refunds
should be subject to limits in terms of quantity and value.

can be

(13) Compliance with the limits in terms of value should be
ensured at the time when refunds are fixed through the
monitoring of payments under the rules relating to the
European Agricultural Guidance and Guarantee Fund.
compulsory
Monitoring
advance fixing of refunds, while allowing the possibility,
in the case of differentiated refunds, of changing the
specified destination within a geographical
to
which a single refund rate applies.
In the case of a
the refund applicable to the
change of destination,
actual destination should be paid, with a ceiling of the
amount applicable to the destination fixed in advance.

facilitated by

area

the

(14) Ensuring compliance with the quantity limits calls for the
introduction of a reliable and effective system of moni-
toring. To that end, the granting of refunds should be
made subject to an export licence. Refunds should be
granted up to the limits available, depending on the
particular situation of each product concerned. Exceptions
to that rule can only be permitted in the case of processed
products not listed in Annex I to the Treaty, to which
value ceilings do not apply, and in the case of food-aid
operations which are
from any limitation.
exempt
Provision should be made for derogations from strict
compliance with management rules where exports bene-
fiting from refunds are not likely to exceed the quantity
ceilings laid down.

(15)

In addition to the system described above, and to the
its proper working, provision
extent necessary for
should be made for regulating or, when the situation on
the market so requires, prohibiting the use of inward and
outward processing arrangements.

(16) The customs duty system makes it possible to dispense
with all other protective measures at the external frontiers
of the Community. However, the internal market and duty
in exceptional circumstances, prove
mechanism could,
defective.
the
Community market without defence against disturbances
that might ensue, the Community should be able to take
all necessary measures without delay. All such measures
must comply with the obligations arising from the World
Trade Organisation agreements.

In such cases,

so as not

to leave

(18) As the common market in rice develops, the Member
States and the Commission must keep each other
supplied with the information necessary for applying
this Regulation.

(19) To facilitate implementation of this Regulation, provision
should be made for a procedure instituting close coop-
eration between the Member States and the Commission.
The measures required for the implementation hereof will
be adopted under Council Decision 1999/468/EC of 28
June 1999 laying down the procedures for the exercise of
implementing powers conferred on the Commission (1).

(20) Expenditure incurred by the Member States as a result of
the obligations arising out of the application of this Regu-
lation should be
in
financed by
accordance with Council Regulation (EC) No 1258/1999
of 17 May 1999 on the financing of the common agri-
cultural policy (2).

the Community

(21) The common organisation of the market in the rice sector
must
the
take proper and simultaneous account of
objectives set out in Articles 33 and 131 of the Treaty.

times. By reason of

(22) The common organisation of the market in rice laid down
by Council Regulation (EC) No 3072/95 (3), as
last
amended by Regulation (EC) No 2072/98 (4), has been
amended a number of
their
number,
their complexity and their dispersal among
several Official Journals, these texts are difficult to use
and lack the clarity that should be an essential feature
of all legislation. Under these circumstances, they should
be consolidated in a new Regulation and the aforemen-
tioned Regulation (EEC) No 3072/95 should be repealed.
Similarly,
the inter-
vention price arrangements, Council Regulation (EC) No
3073/95 of 22 December 1995 determining the standard
quality of rice (5) which laid down rules for fixing the
intervention price, should be repealed.

the discontinuation of

in view of

(23) The change from the arrangements in Regulation (EC) No
3072/95 to those in this Regulation could raise problems
that are not foreseen here.
In order to deal with that
eventuality, provision should be made for the Commission
to adopt the necessary transitional measures. In order to
it is also
ensure the correct operation of the scheme,
appropriate to authorise the Commission to resolve indi-
vidual and specific problems on a temporary and excep-
tional basis.

(17) The achievement of a single market would be jeopardised
by the grant of certain types of aid. The Treaty provisions
governing the appraisal of aid granted by Member States
and the prohibition of aid incompatible with the common
market should be applied to the rice sector.

(1) OJ L 184, 17.7.1999, p. 23.
(2) OJ L 160, 26.6.1999, p. 103.
(3) OJ L 329, 30.12.1995, p. 18.
(4) OJ L 265, 30.9.1998, p. 4.
(5) OJ L 329, 30.12.1995, p. 33.

C 311 E/332

EN

Official Journal of the European Communities

31.10.2000

(24) Provision should be made for the application of the new

common market organisation from 1 July 2001,

The Commission,

2.
procedure laid down in Article 19(2):

acting

in accordance with the

HAS ADOPTED THIS REGULATION:

(a) shall determine the products for which the refund is

Article 1

1.
The common organisation of the market in rice shall
comprise a scheme for an internal market and trade with
third countries, and cover the following products:

CN-Code

Description

(a) 1006 10 21 to
1006 10 98
1006 20
1006 30

(b) 1006 40 00
(c) 1102 30 00
1103 14 00
1103 29 50
1104 19 91
1108 19 10

Rice in the husk (paddy or rough)

Husked rice (cargo rice or brown rice)
Semi-milled or wholly milled rice, including
polished or glazed rice
Broken rice
Rice meal
Rice groats and meal
Pellets of rice
Rolled or flaked grains of rice
Rice starch

For the purposes of this Regulation, the terms (cid:145)paddy
(cid:145)wholly milled rice(cid:146),
(cid:145)husked rice(cid:146),
(cid:145)long grain rice(cid:146) and

2.
rice(cid:146),
(cid:145)round grain rice(cid:146),
(cid:145)broken rice(cid:146) are defined in part I of Annex A.

(cid:145)semi-milled rice(cid:146),
(cid:145)medium grain rice(cid:146),

granted;

(b) shall fix the amount of the refund;

(c) shall adopt detailed rules for the application of this Article.

Article 4

A subsidy may be fixed for consignments to the French
1.
overseas department of RØunion,
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 23(2) of
the Treaty.

the RØunion market, on the basis of

That subsidy shall be fixed, taking into account the supply
requirements of
the
difference between the quotations or prices of the relevant
products on the world market and the quotations or prices
of those products on the Community market, and, if necessary,
the price of those products delivered to RØunion.

2.
The amount of the subsidy shall be fixed periodically.
However, where the need arises, the Commission may, in the
interval, at
the request of a Member State or on its own
initiative, alter the amount.

Part II of Annex A provides definitions of grains and broken
grains which are not of unimpaired quality.

The amount of
procedure.

the subsidy may be fixed by a tendering

The Commission, acting in accordance with the procedure laid
down in Article 19(2):

(cid:151) shall fix the conversion rates for rice at various states of
value of

the processing

and the

costs

processing,
by-products,

The Commission shall adopt detailed rules

3.
the
application of this Article in accordance with the procedure
laid down in Article 19(2).

for

The amount of the subsidy shall be fixed according to the same
procedure.

(cid:151) may change the definitions referred to in paragraph 2.

Article 5

Article 2

This Regulation shall apply without prejudice to the measures
provided for by Regulation (EC) No 1251/1999 on support for
certain arable crop producers.

TITLE I

INTERNAL MARKET

Article 3

A production refund may be granted for starch and
1.
certain derived products, obtained from rice and broken rice,
used in the manufacture of certain products.

The refund shall be fixed periodically.

When a substantial rise or fall in prices is recorded on the
Community market and this situation is likely to continue,
thereby disturbing or threatening to disturb the market, the
necessary measures may be taken in accordance with the
procedure laid down in Article 19(2).
these
measures may consist in private storage aid.

In particular,

Article 6

arrangements

the producer Member States shall provide the
Each year,
Commission, under
to be determined in
accordance with the procedure laid down in Article 19(2),
with detailed information, broken down by variety, on the
areas given over to rice, on output, on yields and on stocks
held by producers and processors. Such information must be
based on a system providing for compulsory declarations by
producers and processors set up, administered and monitored
by the Member State.

31.10.2000

EN

Official Journal of the European Communities

C 311 E/333

TITLE II

TRADE WITH THIRD COUNTRIES

Article 7

Imports into the Community, or exports therefrom, of
the products listed in Article 1 shall be subject to

1.
any of
presentation of a 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 Article 10.

shall be issued subject

licences shall be valid throughout

the
Import and export
to the
Community. Such licences
the products are
lodging of a security guaranteeing that
imported or exported during the term of validity of
the
licence; except in cases of force majeure, the security shall be
forfeit in whole or in part if import or export is not carried
out, or is carried out only partially, within that period.

2.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
19(2).

S e c t i o n I

Provisions applicable to imports

Article 8

Unless this Regulation provides otherwise, the rates of
shall apply to the

1.
duty in the Common Customs Tariff
products listed in Article 1.

2.
Notwithstanding paragraph 1, rates of duty on imports of
the following products into the French overseas department of
RØunion, intended for consumption there, shall be as follows:

(a) no customs duty shall be levied on products falling within
CN code 1006 10 and CN codes 1006 20 and 1006 40 00;

(b) the duty to be charged on imports of products falling
within CN code 1006 30 shall be multiplied by a coefficient
of 0,30.

3.
The Commission shall adopt any detailed rules required
for implementing this Article in accordance with the procedure
laid down in Article 19(2), and in particular shall include the
possibility,
cases, of enabling
operators to know the charge which will be applied prior to
dispatch of the consignments concerned.

if appropriate,

in specific

be subject to the payment of an additional import duty if the
conditions set out in Article 5 of the Agreement on Agriculture
concluded in accordance with Article 300 of the Treaty in the
trade
framework of
are
negotiations have been fulfilled unless
unlikely to disturb the Community market, or where the
effects would be disproportionate to the intended objective.

the Uruguay Round of multilateral

imports

the

The trigger prices below which an additional duty may be
2.
imposed shall be those forwarded by the Community to the
World Trade Organisation.

The trigger volumes above which an additional import duty
may be imposed shall be determined in particular 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.

The import prices to be taken into consideration for
3.
imposing an additional
import duty shall be determined on
the basis of the cif import prices of the consignment under
consideration.

Cif
import prices shall be checked to that end against the
representative prices for the product on the world market or
on the Community import market for that product.

The Commission shall adopt detailed rules

4.
the
application of this Article in accordance with the procedure
laid down in Article 19(2). Such detailed rules shall specify in
particular:

for

(a) the products to which additional

import duties may be
applied under the terms of Article 5 of the Agreement
on Agriculture;

(b) the other criteria necessary for application of paragraph 1
in accordance with Article 5 of the said Agreement on
Agriculture.

Article 10

1.
Tariff quotas for imports of the products listed in Article
1 resulting from agreements concluded in accordance with
Article 300 of
the
Council shall be opened and administered by the Commission
in accordance with detailed rules adopted in accordance with
the procedure laid down in Article 19(2).

the Treaty or from any other act of

Quotas may be administered using one of the following

2.
methods or a combination thereof:

Article 9

(cid:151) a method based on the chronological order

in which
applications are lodged (on a (cid:145)first come, first served(cid:146) basis),

1.
In order to counteract or sanction 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 8 shall

(cid:151) a method of distribution in proportion to the quantities
requested when the applications were lodged (using the
(cid:145)simultaneous examination(cid:146) method),

C 311 E/334

EN

Official Journal of the European Communities

31.10.2000

(cid:151) a method taking traditional

trade patterns into account

(using the (cid:145)traditional importers/new arrivals(cid:146) method).

Other methods may be used.

Any method used shall
between the operators involved.

avoid unjustified discrimination

3. Where necessary, the method of administration shall take
account of the supply needs of the Community market, and of
the need to preserve its equilibrium, without prejudice to rights
arising under the agreements concluded as part of the Uruguay
Round.

4.
The detailed rules shall provide for annual tariff quotas,
suitably phased over the year, and shall, if necessary, determine
the administrative method to be used and, where appropriate,
shall include:

efficient possible use of the resources available, account
being taken of the efficiency and structure of Community
exports without, however, creating discrimination between
large and small operators;

(b) is least cumbersome administratively for operators, account

being taken of administration requirements;

(c) precludes 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
the specific requirements of certain
situation or
markets make this necessary.

Refunds shall be fixed by the Commission in accordance with
the procedure laid down in Article 19(2). Refunds may be
fixed:

(a) guarantees covering the nature, provenance and origin of

the product, and

(a) at regular intervals;

(b) recognition of the document used for verifying the guar-

antees referred to in (a),

(b) by invitation to tender
procedure is appropriate.

for products

for which that

and

(c) the conditions under which import licences are issued and

their term of validity.

S e c t i o n I I

Provisions applicable to exports

Article 11

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 with
Article 300 of
the difference between those
quotations or prices and prices in the Community may be
covered by export refunds.

the Treaty,

Export refunds on the products listed in Article 1 in the form
of goods listed in Annex B may not be higher than those
further
applicable
processing.

to such products

exported without

2.
the
The method to be adopted for the allocation of
quantities which may be exported with a refund shall be the
method which:

fixed at

Refunds
if necessary, be
amended in the interval by the Commission at the request of
a Member State or on its own initiative.

intervals, may,

regular

Refunds fixed at regular intervals shall be fixed at least once a
month.

The following shall be taken into account when refunds

4.
are being fixed:

(a) the existing situation and future trends with regard to:

(cid:151) prices and availability of rice and broken rice on the

Community market,

(cid:151) prices of rice and broken rice on the world market;

(b) the aims of the common organisation of the market in rice,
which are to ensure equilibrium and the natural devel-
opment of prices and trade on this market;

(c) limits resulting from agreements concluded in accordance

with Article 300 of the Treaty;

(d) the importance of avoiding disturbances on the Community

market;

(a) is most suited to the nature of

the product and the
situation on the market in question, allowing the most

(e) the economic aspects of the proposed exports.

31.10.2000

EN

Official Journal of the European Communities

C 311 E/335

Refunds for products listed in Article 1(1)(a) and (b) shall

5.
be fixed in accordance with the following specific criteria:

operations,
Article 19(2).

in accordance with the procedure laid down in

(cid:151) prices ruling on the representative Community markets,

(cid:151) prices obtaining for exports,

(cid:151) marketing costs and the most favourable transport charges
from the Community markets referred to in the first indent
to ports or other points of export
in the Community
serving these markets, as well as costs incurred in placing
the goods on the world market.

5.
Export refunds on the products listed in Article 1 in the
form of goods listed in Annex B may be adjusted as a function
of prices on the Community market,
to be established in
accordance with the procedure laid down in Article 19(2).
The Commission may, where necessary, alter the corrective
amounts.

The refund on the products referred to in Article 1(a) and

6.
(b) shall be paid upon proof that:

When prices in international trade listed in paragraph 1 are
being determined account shall be taken of:

(cid:151) the products were wholly obtained in the Community
within the meaning of Article 23 of Regulation (EEC) No
2913/92, except where paragraph 6 applies,

(cid:151) the prices on third-country markets,

(cid:151) the products have been exported from the Community,

(cid:151) the most favourable prices in third countries of destination

for third-country imports,

and

(cid:151) free-at-Community-frontier offer prices.

Article 12

1.
Refunds on products exported without further processing
shall only be granted on application and on presentation of an
export licence.

2.
The refund applicable to products exported without
further processing shall be that applicable on the day of
application for the licence and, in the case of a differentiated
refund, that applicable on the same day:

(a) for the destination indicated on the licence

or

(b) for the actual destination if it differs from the destination
indicated on the licence. In that case the amount applicable
may not exceed the amount applicable to the destination
indicated on the licence.

Appropriate measures may be taken to prevent abuse of the
flexibility provided for in this paragraph.

The scope of paragraphs 1 and 2 may be extended to
3.
apply to products exported in the form of goods listed in
Annex B in accordance with the procedure laid down in
Article 16 of Council Regulation (EC) No 3448/93 (1).

4.
products

Paragraphs 1 and 2 may be waived in the case of
food-aid

on which refunds

are paid

under

(1) OJ L 318, 20.12.1993, p. 18.

(cid:151) in the case of a differentiated refund, have reached the
destination indicated on the licence or another destination
for which a refund was fixed, without prejudice to point (b)
of paragraph 2. However, exceptions may be made to this
rule in accordance with the procedure laid down in Article
19(2), provided that conditions are laid down which offer
equivalent guarantees.

Additional provisions may be adopted in accordance with the
same procedure.

7.
No export refund shall be granted on rice imported from
third countries and re-exported to third countries, unless the
exporter proves that:

(cid:151) the product to be exported and the product previously

imported are one and the same,

and

(cid:151) the levy was collected when the goods were released 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
collected on
importation are higher than that refund, the latter shall apply.

applicable; where

refund

duties

the

Observance of

8.
the volume limits resulting from the
agreements concluded in accordance with Article 300 of the
Treaty shall be ensured on the basis of the export licences
issued for the reference periods provided for which apply to
the products concerned. With regard to compliance with the
obligations arising under the Agreement on Agriculture, the
ending of a reference period shall not affect the validity of
export licences.

C 311 E/336

EN

Official Journal of the European Communities

31.10.2000

Article 13

Detailed rules for the application of Articles 11 and 12,
1.
including provisions on the
exportable
quantities which have not been allocated or utilised, shall be
adopted by the Commission in accordance with the procedure
laid down in Article 19(2). These detailed rules may include
provisions governing the quality of the products eligible for an
export refund.

redistribution of

application of this Regulation, including the definitions listed in
part I of 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 in trade with third countries:

Annex B shall be amended in accordance with the same
procedure.

customs duty,

(cid:151) the levying of any charge having equivalent effect to a

2.
to
Detailed rules for the application of Article 11(1)
products exported in the form of goods referred to in Annex
B shall be adopted in accordance with the procedure laid down
in Article 16 of Regulation (EC) No 3448/93.

(cid:151) the application of any quantitative restriction or measure

having equivalent effect.

Article 16

S e c t i o n I I I

Common provisions

Article 14

To the extent necessary for the proper working of the
1.
common organisation of the market in rice, the Council, acting
by a qualified majority, on a proposal from the Commission,
may, in special cases, prohibit in whole or in part the use of
inward or outward processing arrangements in respect of
products listed in Article 1.

the Commission shall, at

2.
However, by way of derogation from paragraph 1, if the
situation referred to in paragraph 1 arises with exceptional
urgency and the Community market is disturbed or is liable
inward or outward processing
to be disturbed by the
arrangements,
the request of a
Member State or on its own initiative, decide on 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 shall be immediately applicable. If the
Commission receives a request from a Member State, it shall
make a decision thereon within a week following receipt of the
request.

3. Measures decided on by the Commission may be referred
to the Council by any Member State within a week of the day
on which they were notified. The Council, acting by a qualified
majority, may confirm, amend or repeal
the Commission’s
decision.
the Council has not reached a decision within
three months, the Commission’s decision shall be deemed to
have been repealed.

If

Article 15

1.
The general rules for the interpretation of the Combined
Nomenclature and the detailed rules for its application shall
apply to the tariff classification of products covered by this
resulting from the
Regulation. The

tariff nomenclature

If, by reason of

imports or exports,

1.
the Community
market in one or more of the products listed in Article 1 is
affected by, or is threatened with, serious disturbance likely to
jeopardise the achievement of the objectives set out in Article
33 of the Treaty, appropriate measures may be applied in trade
with third countries until
threat of
disturbance has ceased.

such disturbance or

The Council, acting by a qualified majority, on a proposal from
the Commission, shall adopt general rules for the application of
this paragraph and shall define the circumstances and limits
within which Member States may adopt protective measures.

If

the situation mentioned in paragraph 1 arises,

2.
the
Commission shall, at the request of a Member State or on its
the
own initiative, decide upon the necessary measures;
measures shall be communicated to the Member States and
shall be immediately applicable. If the Commission receives a
request from a Member State, it shall make 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 State within three
working days of the day on which they were notified. The
Council
It may, acting by a
qualified majority, amend or repeal the measure in question
within one month following the day on which it was referred
to the Council.

shall meet without delay.

4.
Provisions adopted under this Article shall be applied
having regard to the obligations arising from agreements
concluded in accordance with Article 300(2) of the Treaty.

TITLE III

GENERAL PROVISIONS

Article 17

Articles 87, 88 and 89 of the Treaty shall apply to production
of and trade in the products referred to in Article 1.

31.10.2000

EN

Official Journal of the European Communities

C 311 E/337

Article 18

TITLE IV

Member States and the Commission shall send each other any
information necessary for the application of this Regulation.
The information to be communicated shall be determined in
accordance with the procedure laid down in Article 19(2).
Detailed rules for
the communication and distribution of
such information shall be adopted in accordance with the
same procedure.

Article 19

1.
The Commission shall be assisted by the Management
Committee for Cereals set up under Article 23 of Regulation
(EEC) No 1766/92.

TRANSITIONAL AND FINAL RULES

Article 23

The Commission shall adopt, in accordance with the procedure
laid down in Article 19(2):

(a) the measures required to facilitate the transition from the
arrangements provided in Regulation (EEC) No 3072/95 to
those established by this Regulation,
in particular, those
measures shall cover the disposal of products bought in
to intervention pursuant to that Regulation;

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply,
in compliance with
Article 8 thereof.

(b) the measures required to resolve specific practical problems.
Such measures (cid:151) if duly justified (cid:151) may derogate from
certain parts of this Regulation.

The period laid down in Article 4(3) of Decision

3.
1999/468/EC shall be set at one month.

Article 24

Article 20

Regulations (EC) No 3072/95 and (EC) No 3073/95 are

1.
hereby repealed.

The Committee may consider any question referred to it by its
chairman either on his own initiative or at the request of the
representative of a Member State.

References

to Regulation (EC) No 3072/95 shall be
2.
construed as references to this Regulation and should be read
in accordance with the correlation table in Annex C.

Article 21

Regulation (EC) No 1258/1999 and the provisions adopted in
implementation thereof shall apply to the products listed in
Article 1.

Article 25

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

Article 22

It shall apply from 1 July 2001.

This Regulation shall be so applied that appropriate account is
taken at the same time of the objectives set out in Articles 33
and 131 of the Treaty.

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

C 311 E/338

EN

Official Journal of the European Communities

31.10.2000

ANNEX A

I. DEFINITIONS

1.

(a) Paddy rice: 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 commercial descriptions (cid:145)brown rice(cid:146), (cid:145)cargo rice(cid:146), (cid:145)loonzain(cid:146) and (cid:145)riso sbramato(cid:146).

(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 have been 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 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 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:

(i) 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;

(ii) 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 sample representative of the batch;

(ii) sieve the sample so as to retain only whole grains, including immature grains;

(iii) carry out two measurements of 100 grains each and work out 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.

II. DEFINITION OF GRAINS AND BROKEN GRAINS WHICH ARE NOT OF UNIMPAIRED QUALITY

A. Whole grains

Grains from which only part of the end has been removed, irrespective of characteristics produced at each stage of
milling.

B. Clipped grains

Grains from which the entire end has been removed.

C. Broken grains or fragments

Grains from which a part of the volume greater than the end has been removed; broken grains include:

(cid:151) large broken grains (pieces of grain of a length not less than half that of a grain, but not constituting a complete

grain),

(cid:151) medium broken grains (pieces of grain of a length not less than a quarter of the length of a grain but which are

smaller than the minimum size of (cid:145)large broken grains(cid:146)),

(cid:151) fine broken grains (pieces of grain less than a quarter of the size of a grain but too large to pass through a sieve

with a mesh of 1,4 mm),

(cid:151) fragments (small pieces or particles of grain which can pass through a sieve with a mesh of 1,4 mm); split grains

(pieces produced by a longitudinal split in the grain) come under this definition.

31.10.2000

EN

Official Journal of the European Communities

C 311 E/339

D. Green grains

Grains which are not fully ripened.

E. Grains showing natural malformation

Natural malformation means malformation, whether or not of hereditary origin, as compared with the morphological
characteristics typical of the variety.

F. Chalky grains

Grains at least three-quarters of the surface of which looks opaque and chalky.

G. Grains striated with red

Grains showing longitudinal red striations of differing intensity and shades, due to residues from the pericarp.

H. Spotted grains

Grains showing a well-defined small circle of dark colour of more or less regular shape; spotted grains also include
those which show slight black striations on the surface only; the striations and spots must not show a yellow or dark
aureole.

I. Stained grains

Grains which have undergone, on a small area of their surface, an obvious change in their natural colour; the stains
may be of different colours (blackish, reddish, brown); deep black striations are also to be regarded as stains. If the
colour of the stains is sufficiently marked (black, pink, reddish-brown) to be immediately visible and if they cover an
area not less than half that of the grain, the grains must be considered to be yellow grains.

J. Yellow grains

Grains which have undergone, totally or partially, otherwise than by drying, a change in their natural colour and
have taken on a lemon or orange-yellow tone.

K. Amber grains

Grains which have undergone, otherwise than by drying, a slight uniform change in colour over the whole surface;
this change alters the colour of the grains to a light amber-yellow.

0403

ex 1704

1704 90 51 to
1704 90 99

ex 1806

1901

ANNEX B

CN code

Description

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 or containing added
fruit or cocoa

Sugar confectionery (including white chocolate), not containing cocoa:

(cid:151) (cid:151) Other

Chocolate and other food preparations containing cocoa, except those
coming
1806 90 60,
under
1806 90 70 and 1806 90 90

1806 20 70,

subheadings

1806 10,

Malt extract; food preparations of flour, meal, starch 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 preparations of products under headings 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;

C 311 E/340

EN

Official Journal of the European Communities

31.10.2000

ex 1902

1902 20 91

1902 20 99

1902 30

1902 40 90

1904

ex 1905

1905 90 20

ex 2004

2004 10 91

ex 2005

2005 20 10

ex 2008

2008 11 10

ex 2101

2101 12

2101 20 92
2101 20 98

2105 00

2106

ex 3505

ex 3809

CN code

Description

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:

(cid:151) (cid:151) (cid:151) Cooked

(cid:151) (cid:151) (cid:151) Other

(cid:151) Other pasta

(cid:151) (cid:151) Other

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

Bread, pastry, cakes, biscuits and other bakers’ wares, whether or not
containing cocoa; communion wafers, empty cachets of a kind suitable
for pharmaceutical use, sealing wafers, rice paper and similar products:

Communion wafers, empty cachets of a kind suitable for pharmaceutical
use, sealing wafers, rice paper and similar products:

Other vegetables prepared or preserved otherwise than by vinegar or
acetic acid, frozen: other than products of heading No 2006

(cid:151) (cid:151) (cid:151) potatoes in the form of flour, meal or flakes

Other vegetables prepared or preserved otherwise than by vinegar or
acetic acid, not frozen: other than products of heading No 2006

(cid:151) (cid:151) potatoes in the form of flour, meal or flakes

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:

(cid:151) (cid:151) (cid:151) Peanut butter

Extracts, essences and concentrates, of coffee, tea or matØ preparations
with a basis of these products or with a basis of coffee, tea or matØ;
roasted chicory and other roasted coffee substitutes and extracts, essences
and concentrates, thereof:

(cid:151) (cid:151) Preparations with a basis of these extracts, essences or concen-

trates of coffee

(cid:151) (cid:151) (cid:151) Preparations with a basis of

these extracts, essences or

concentrates of tea or matØ

Ice cream and other edible ice, whether or not containing cocoa

Food preparations not elsewhere specified or included:

Dextrins and other modified starches (for example, pregelatinised or
esterified starches);
etherified starches under
esterified or
sub-heading 3505 10 50; glues based on starches or on dextrins or
other modified starches

except

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 like
industries, not elsewhere specified or included

ex 3809 10

(cid:151) with a basis of amylaceous substances

31.10.2000

EN

Official Journal of the European Communities

C 311 E/341

ANNEX C

CORRELATION TABLE

Regulation (EC) No 3072/95

This Regulation

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11(1)

Article 11(3)

Article 11(4)

Article 12(1), (2), (3) and (4)

Article 13(1), (2) and (3)

Article 13(4) and (5)

Article 13(6)

Article 13(7) to (14)

Article 13(15)

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

Article 20

Article 21

Article 22

Article 23

Article 24

Article 25(1), (2), (3) and (4)

Article 25(5)

Article 26

Article 27

Annex A

Annex B

Annex C

Article 1

Article 2

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

Article 3

(cid:151)

Article 7

Article 4

Article 5

Article 6

Article 8(1)

Article 8(2)

Article 8(3)

Article 9(1), (2), (3) and (4)

Article 10

Article 11(1), (2) and (3)

Article 11(4) and (5)

(cid:151)

Article 12

Article 13

Article 14

Article 15

(cid:151)

Article 16

(cid:151)

Article 17

(cid:151)

Article 18

Article 19

Article 20

Article 22

Article 24

Article 23

Article 21

Article 25

Annex A (cid:151) Part I

Annex A (cid:151) Part II

Annex B

Annex C