Commission Regulation (EC) No 174/2002 of 30 January 2002 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)
Date: 2002-01-30
Institutions: European Commission
Subjects: ACP countries, import, import licence, originating product, overseas countries and territories, rice

31.1.2002

EN

Official Journal of the European Communities

L 30/33

COMMISSION REGULATION (EC) No 174/2002

of 30 January 2002

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)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Decision 2001/822/EC of 27
November 2001 on the association of the overseas countries
and territories with the European Community (‘Overseas Asso-
ciation Decision’) (1), and in particular Article 6(5) of Annex III
thereto,

Having regard to Council Regulation (EEC) No 1706/98 of 20
July 1998 on the arrangements applicable to agricultural prod-
ucts and goods resulting from the processing of agricultural
products originating in the African, Caribbean and Pacific
States (ACP States) and repealing Regulation (EEC) No 715/
90 (2), and in particular Article 30(1) thereof,

Whereas:

(1)

(2)

(3)

(4)

On 27 November 2001, the Council adopted the ‘Over-
seas Association Decision’. Under Article 6(5) of Annex
III thereto, cumulation of origin is permitted within an
overall annual quota of 160 000 tonnes expressed as
husked-rice equivalent, which includes the tariff quota
for rice originating in the ACP States under the Cotonou
Agreement. An initial
licences for
35 000 tonnes is made to the overseas countries and
territories each year, within which quantity import
licences for 10 000 tonnes are issued to the least-devel-
oped OCTs.

issue of

import

Management of
this cumulative system required the
adoption of detailed implementing rules for imports of
rice originating in the ACP countries or the overseas
countries and territories in Commission Regulation (EC)
No 2603/97 (3), as last amended by Regulation (EC) No
2371/1999 (4).

In the light of the experience gained, the arrangements
for calculating the import rights under Regulation (EC)
No 1706/98 should be specified.

The issue of import licences should be staggered over
several specific periods during the year with a view to
better market management. Licences not used by the
least-developed OCTs should be made available to the
Netherlands Antilles and Aruba, while continuing to
allow for carry-overs from one tranche to another
during the year.

(5)

Licences should be introduced for these products and
the detailed rules for their issue should be laid down so

(1) OJ L 314, 30.11.2001, p. 1.
(2) OJ L 215, 1.8.1998, p. 12.
(3) OJ L 351, 16.12.1997, p. 22.
(4) OJ L 328, 22.12.1999, p. 39.

the necessary import controls of

that
provided for in that Decision can be undertaken.

the quantities

(6)

(7)

In the case of rice originating in the overseas countries
and territories, the import licences should be valid until
the end of the year in which they are issued.

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 amended as follows:

1. Article 1 is replaced by the following:

‘Article 1

This Regulation lays down the detailed implementing rules
for imports of rice originating in the ACP States or in the
overseas countries and territories (OCT) pursuant to Article
6(5) of Annex III to Council Decision 2001/822/EC (*).

(*) OJ L 314, 30.11.2001, p. 1.’

2. Article 4 is replaced by the following:

‘Article 4

the amounts of

For the purposes of applying Article 13(1) of Council
Regulation (EC) No 1706/98 (*),
the
customs duties shall be fixed by the Commission in
accordance with the procedure laid down in Article 4 of
Commission Regulation (EC) No 1503/96 (**) on the
detailed rules for the application of Council Regulation
(EC) No 3072/95 (***) with regard to import duties on
rice.

(*) OJ L 215, 1.8.1998, p. 12.
(**) OJ L 189, 30.7.1996, p. 71.
(***) OJ L 329, 30.12.1995, p. 18.’

3. The following paragraph is added to Article 5:

Article 6 of Commission Regulation (EC) No
‘6.
1162/95 (*) notwithstanding and pursuant
to Article
23(2) of Commission Regulation (EC) No 1291/
2000 (**),
for husked, milled or
licences
semi-milled rice and for broken rice shall be valid from
the actual day of issue to the end of the third month
that follows. Their validity may not extend beyond 31
December of their year of issue, however.

the import

(*) OJ L 117, 24.5.1995, p. 2.
(**) OJ L 152, 24.6.2000, p. 1.’

L 30/34

EN

Official Journal of the European Communities

31.1.2002

4. Title II is replaced by the following:

‘TITLE II

Imports of rice with cumulative ACT/OCT origin.’

5. Article 6 is replaced by the following:

‘Article 6

1.
Licences for imports exempt from customs duties
shall be issued each year under the following tranches,
expressed as husked rice equivalent:

Netherlands
Antilles and Aruba

(tonnes)

Least-developed
OCTs listed in
Annex I.B to
Decision 2001/
822/EC

8 334

8 333

8 333

3 334

3 333

3 333

January

May

September

Quantities relating to stages in the processing of rice other
than husking shall be converted using the conversion rates
laid down in Article 1 of Commission Regulation No
467/67/EEC (*).

2.
Applications for import licences must be accompa-
nied by the original export licence, drawn up in accord-
ance with Annex I and issued by the bodies competent to
issue EUR.1 certificates.

3.
Quantities not covered by import licences for any
given tranche shall be carried over to the following one.

Quantities not covered by import licences issued under the
September tranche may be applied for under an additional
tranche in October,

in accordance with Article 8(1).

In the case of the additional tranche in October, if
4.
the licence applications submitted for imports with cumu-
lative ACP/least-developed OCT origin account for less
than the quantities available, the balance may be used to
meet applications
from the Netherlands
imports
Antilles and Aruba.

for

Article 6 of Regulation (EC) No 1162/95 notwith-
5.
standing and pursuant to Article 23(2) of Regulation (EC)
No 1291/2000, import licences for husked, wholly milled
or semi-milled rice and for broken rice shall be valid from
the actual day of issue to 31 December of the year of
issue.

(*) OJ 204, 24.8.1967, p. 1.’

6. The following subparagraph is added to Article 8(1):

‘For 2002, applications for the first tranche provided for
in Article 6(1) shall be lodged in the first ten working
days of February.’

7. Article 9(1) is replaced by the following:

licence applications,

‘1. Within two working days of the closing date for
the submission of
the Member
States shall notify the Commission, by telex or fax and
in accordance with Annex II to this Regulation, of the
quantities covered by import licence applications, broken
down by eight-digit CN code, by tranche and by
country of origin, the number of the licence applied for
and the name and address of the applicant.’

8. Article 11(4) is deleted.

9. The first indent of the first paragraph of Article 12 is

replaced by the following:

their

‘— within two working days of

issue, of

the
quantities, broken down by eight-digit CN code and
by country of origin, covered by the import licences
issued, the date of issue, the number of the export
licence, where
the
import licence issued and the name and address of
the holder,’

the number of

appropriate,

10. The Annex to Regulation (EC) No 2603/97 is replaced

by the Annexes to this Regulation.

Article 2

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

It shall apply from 1 February 2002.

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

Done at Brussels, 30 January 2002.

For the Commission

Franz FISCHLER

Member of the Commission

31.1.2002

EN

Official Journal of the European Communities

L 30/35

ANNEX

‘ANNEX I

L 30/36

EN

Official Journal of the European Communities

31.1.2002

I
I

X
E
N
N
A

7
9
/
3
0
6
2

o
N

)

C
E
(

N
O
I
T
A
L
U
G
E
R

—

E
C
I
R