Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice
Date: 2003-09-29
Institutions: Council of the European Union
Subjects: common organisation of markets, market intervention, rice, trading operation

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COUNCIL REGULATION (EC) No 1785/2003

of 29 September 2003

on the common organisation of the market in rice

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Articles 36 and the third
subparagraph of 37(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Having regard to the opinion of the European Economic and
Social Committee (2),

Having regard to the opinion of
regions (3),

the Committee of

the

Whereas:

(1)

(2)

(3)

The operation and development of the common market
for agricultural products must be accompanied by the
establishment of a common agricultural policy to
include,
common organisation of
agricultural markets which may take various forms
depending on the product.

in particular,

a

Council Regulation (EC) No 3072/95 of 22 December
1995 on the common organisation of the market in
rice (4) has been substantially amended several times.
in the
Since further amendments are to be made,
interests of clarity that Regulation should be replaced.
Regulation (EC) No 3072/95 should accordingly be
repealed.

The European rice market is in serious unbalance. The
volume of rice stored in public intervention is very
large, equivalent
to about a quarter of Community
output, and is likely to increase in the long run. The
imbalance has been caused by the combined effect of an
increase in domestic output, which has stabilised in
recent marketing years,
continuing growth of
the
imports and by the restrictions on exports with refunds
in accordance with the Agriculture Agreement. The
present imbalance is to be exacerbated even further and

(1) Opinion delivered on 5 June 2003 (not yet published in the Official

Journal).

(2) OJ C 208, 3.9.2003, p. 72.
(3) Opinion delivered on 2 July 2003 (not yet published in the Official

Journal).

(4) OJ L 329, 30.12.1995, p. 18. Regulation as last amended by
Commission Regulation (EC) No 411/2002 (OJ L 62, 5.3.2002, p.
27).

probably to reach an unsustainable level, in the course
of the years to come as a result of increasing imports
from third countries due to the implementation of the
EBA Agreement.

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

the Treaty,

It appears that the most suitable solution is to decrease
strongly the intervention price and to create, as a
compensation an income payment per farm and a crop
specific aid reflecting the role of rice production in
traditional production areas. The latter two instruments
incorporated in Council Regulation (EC) No
are
1782/2003 of 29 September 2003 on establishing
common rules for direct support schemes under the
common agricultural policy and establishing support
schemes for farmers (5).

in itself,

the system of

intervention becoming an
To prevent
in by the
outlet
should be limited to 75 000
intervention agencies
tonnes per year and the intervention period should be
limited to four months.

the quantities bought

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
complementing the intervention system and including
import duties applying the rates of
the Common
Customs Tariff and export refunds should, in principle,
stabilise the Community market. The trading system
should be based on the undertakings accepted under the
Uruguay Round of multilateral trade negotiations.

In order to monitor the volume of trade in rice with
third countries, 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.

the customs duties applicable to
For the most part,
agricultural
Trade
under
Organisation (WTO) agreements are laid down in the
rice
common customs

tariff. However,

the World

products

some

for

(4)

(5)

(6)

(7)

(8)

(9)

(5) See page 1 of this Official Journal.

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products,
makes it necessary to adopt derogations.

the introduction of additional mechanisms

(15)

extent necessary for

its proper working,
To the
provision should be made for regulating or, when the
situation on the market so requires, prohibiting the use
of inward and outward processing arrangements.

(10)

(11)

(12)

(13)

(14)

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

It is appropriate, under certain conditions, to confer on
the Commission the power to open and administer
tariff quotas resulting from international agreements
concluded in accordance with the Treaty or from other
acts of the Council.

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
agriculture (1), should serve to safeguard Community
participation in international trade in rice. Such export
refunds should be subject to limits in terms of quantity
and value.

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

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

to that

rule

(16)

(17)

(18)

(19)

The customs duty system makes it possible to dispense
with all other protective measures at
the external
frontiers of the Community. The internal market and
in exceptional circumstances,
duty mechanism could,
prove deficient. In such cases, in order not to leave 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
should comply with the obligations arising from the
WTO agreements.

Taking into account the influence of the world market
price on the internal price, there should be provision
for appropriate measures
to
stabilise the internal market.

to be taken in order

The proper working of a single market based on
common prices would be jeopardised by the granting of
the Treaty
national aid. Therefore,
governing State aid should apply to the products
covered by this common market organisation.

the provisions of

to take account of

In order
the specific needs for
supplies of the most remote regions of the Community
and of the differences in prices of the products which
can result from the costs of transport and of marketing
of these products, it is advisable to make it possible for
the Community to fix a subsidy for consignments from
Member States being in one of the situations referred to
in Article 23(2) of the Treaty, intended to be consumed
in these regions and more particularly in the French
overseas department of Réunion,

(20) As

the common market

in continuous
development, the Member States and the Commission
should keep each other
supplied with information
relevant to these developments.

in rice is

(21)

The measures necessary for the implementation of this
Regulation should be adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (2).

(22)

In view of the necessity to solve practical and specific
problems,
the Commission should be authorised to
adopt necessary measures in cases of emergency.

(1) OJ L 336, 23.12.1994, p. 22.

(2) OJ L 184, 17.7.1999, p. 23.

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(23)

(24)

(25)

Expenditure incurred by the Member States as a result
of the obligations arising from the application of this
Regulation should be financed by the Community in
accordance with Council Regulation (EC) No 1258/1999
of 17 May 1999 on the financing of
the common
agricultural policy (1).

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

The change from the arrangements under Regulation
(EC) No 3072/95 and Council Regulation (EC) No
3073/95 of 22 December 1995 determining the
standard quality of rice (2) to those provided for in this
Regulation could give rise to difficulties, which are not
dealt with in this Regulation. In order to deal with such
difficulties, the Commission should be enabled to adopt
transitional measures.

(26)

In order to prevent a serious disturbance of the market
in paddy rice in the last months of the marketing year
2003/2004,
it is necessary to limit the intake by the
intervention agencies to a certain quantity fixed in
advance.

(27)

Provision should be made for the application of the new
common market organisation,

HAS ADOPTED THIS REGULATION:

CHAPTER I

INTRODUCTIVE PROVISIONS

Article 1

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

CN Code

Description

(a) 1006 10 21 to 1006 10 98 Rice in the husk (paddy or rough)

1006 20

1006 30

Husked (brown) rice

Semi-milled or wholly milled rice,
whether or not polished or glazed

(b) 1006 40 00

Broken rice

CN Code

Description

(c) 1102 30 00

Rice flour

1103 19 50

1103 20 50

1104 19 91

1104 19 99

1108 19 10

Rice groats and meal

Pellets of rice

Flaked grains of rice

Rolled grains of rice

Rice starch

Article 2

1.
For the purposes of this Regulation, the terms ‘paddy
rice', ‘husked rice', ‘semi-milled rice', ‘wholly milled rice', ‘round
grain rice',
‘long grain rice A or B' and
‘broken rice' are defined in Annex I.

‘medium grain rice',

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

The Commission,

2.
procedure referred to in Article 26(2):

acting

in accordance with the

(a) shall fix the conversion rates for rice at various states of
value of

the processing

and the

costs

processing,
by-products;

(b) may change the definitions referred to in paragraph 1.

Article 3

The marketing year for the products listed in Article 1 shall
begin on 1 September and end on 31 August of the following
year.

Article 4

This Regulation shall apply without prejudice to the measures
provided for by Council Regulation (EC) No 1782/2003 of
29 September 2003 establishing common rules for direct
support schemes under the common agricultural policy and
support schemes for producers of certain crops (3).

CHAPTER II

INTERNAL MARKET

Article 5

1.
A subsidy may be fixed for consignments to the French
overseas department of Réunion, which are intended for

(1) OJ L 160, 26.6.1999, p. 103.
(2) OJ L 329, 30.12.1995, p. 33.

(3) See page 1 of this Official Journal.

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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.

Under conditions to be determined, intervention agencies
3.
shall offer for sale, for export to third countries or for supply
to the internal market, paddy rice bought
to
paragraph 1.

in pursuant

the Réunion 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 Réunion.

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

The amount of
procedure.

the subsidy may be fixed by a tendering

The Commission shall adopt detailed rules

3.
the
application of this Article in accordance with the procedure
referred to in Article 26(2).

for

The procedures and conditions for taking over and for
4.
disposal by the intervention agencies and any other rules
relating to intervention, are laid down by the Commission.

Detailed rules for the application of this Article shall be
5.
adopted in accordance with the procedure referred to in
Article 26(2).

Article 8

1.

Special measures may be taken to:

— prevent

large-scale application of Article 7 in certain

regions of the Community,

— make up for paddy rice shortages

following natural

disasters.

The amount of
procedure referred to in Article 26(2).

the subsidy shall be fixed according to

2.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure referred to in
Article 26(2).

Article 6

Article 9

The intervention price for paddy rice shall be 150 EUR/t.
1.
The intervention price shall be fixed for the standard quality as
defined in Annex III.

2.
The intervention price shall relate to the wholesale stage,
delivered at warehouse, before unloading. It shall apply to all
intervention centres designated by the Commission. The
intervention centres list shall be adopted after consultation
with the Member States concerned and shall
include in
particular intervention centres in surplus areas which have
sufficient premises and technical equipment and are in a
favourable situation as regards means of transport.

3.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure referred to in
Article 26(2).

shall provide the Commission, with
The Member States
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 shall be based on
a system providing for compulsory declarations by producers
and processors set up, administered and monitored by the
Member State.

The Member States shall also notify the Commission of the
prices of rice in the main production areas.

Detailed rules for
this Article and in
the application of
particular a system of communication of prices shall be
adopted in accordance with the procedure referred to in
Article 26(2).

Article 7

CHAPTER III

1.
During the period from 1 April to 31 July and within the
limits of 75 000 tonnes per year, the intervention agencies
shall buy in the quantities of paddy rice which are offered to
them provided the offers comply with conditions, in particular
in respect of quantity and quality, to be determined.

TRADE WITH THIRD COUNTRIES

Article 10

2.
If the quality of the paddy rice offered is different from
the standard quality for which the intervention price has been
fixed, the intervention price shall be adjusted by applying price
increases or reductions. In order to ensure that production is
orientated towards
and
reductions to be applied to the intervention price may be
fixed.

certain varieties, price

increases

1.
Imports into the Community, or exports therefrom, of
any of the products listed in Article 1 shall be subject to
presentation of an import or export 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
Articles 13, 14 and 15.

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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
forfeited in whole or in part if import or export is not carried
out, or is carried out only partially, within that period.

Detailed rules for the application of this Article shall be
4.
adopted in accordance with the procedure referred to in
Article 26(2).

Article 12

The term of validity of licences and other detailed rules
this Article shall be adopted in
the application of

2.
for
accordance with the procedure referred to in Article 26(2).

S e c t i o n I

P r o v i s i o n s a p p l i c a b l e t o i m p o r t s

1. Without prejudice to Article 11(2), in order to prevent or
counteract 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 11 shall be subject to the payment
of an additional
to be
determined by the Commission pursuant to paragraph 3, are
the imports are unlikely to disturb the
fulfilled, unless
Community market,
be
the
disproportionate to the intended objective.

import duty if

effects would

or where

conditions

the

Article 11

2.
Imports made at a price below the level notified by the
Community to the World Trade Organisation (‘the trigger
price') may be subject to an additional import duty.

Unless this Regulation provides otherwise,

the import
1.
duty on the products listed in Article 1 shall be that set out in
the Common Customs Tariff.

2.

Notwithstanding paragraph 1, the import duty on:

(a) husked rice falling within code 1006 20 shall be equal to

the intervention price, increased by:

(i) 80 % in the case of husked rice falling within CN codes

1006 20 17 and 1006 20 98;

(ii) 88 % in the case of husked rice falling within CN codes

other than 1006 20 17 or 1006 20 98;

minus the import price,

and

(b) milled rice falling within CN code 1006 30 shall be equal
to the intervention price, plus a percentage to be calculated
and minus the import price.

However, the import duty calculated in accordance with this
paragraph shall not exceed the rate of duty in the Common
Customs Tariff.

The percentage referred to in point (b) shall be calculated by
adjusting the appropriate percentage referred to in point (a) by
reference to the conversion rate, processing costs and the value
of by-products, and subsequently adding an amount for the
protection of the industry.

3.
Notwithstanding paragraph 1, no customs duty shall be
levied on imports into the French overseas department of
intended for consumption there of products falling
Reunion,
within CN code 1006 10, 1006 20 and 1006 40 00;

If the volume of imports in any year in which the adverse
effects referred to in paragraph 1 arise or are likely to arise
exceeds a level based on market access opportunities defined
the corresponding domestic
as imports as a percentage of
consumption during the three previous years (‘the trigger
volume'), an additional import duty may be imposed.

The import prices to be taken into consideration for imposing
an additional import duty pursuant to the first subparagraph,
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.

3.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure referred to in
Article 26(2). Such detailed rules shall specify in particular the
products to which additional import duties may be applied.

Article 13

1.
Tariff quotas for imports of the products listed in Article
1 resulting from agreements concluded in accordance with
Article 300 of the Treaty or from any other act of the Council
shall be opened and administered by the Commission under
detailed rules adopted in accordance with the procedure
referred to in Article 26(2).

Tariff quotas shall be administered by applying one of

2.
the following methods or a combination of them:

(a) a method based on the chronological order of

lodgement of
principle'),

applications

(‘first

come,

first

the
served

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(b) a method of distribution in proportion to the quantities
requested when the applications were lodged (using the
‘simultaneous examination method'),

(c) a method based on taking traditional trade patterns into

account (using the ‘traditional/new arrival method').

(a)

the product and the
is most suited to the nature of
situation on the market in question, allowing the most
efficient possible use of the resources available, account
being taken of the efficiency and structure of Community
exports without creating discrimination between large and
small operators;

Other appropriate methods may be adopted. They must avoid
any
operators
concerned.

discrimination

unjustified

between

the

3.
The method of administration adopted shall, where
appropriate, give due weight to the supply requirements of the
Community market and the need to safeguard the equilibrium
of that market.

The detailed rules referred to in paragraph 1 shall
if necessary suitably
tariff quotas,
shall determine the administrative

4.
provide for
phased over
method to be used and, where appropriate, shall include:

the annual
the year,

(b)

is least cumbersome administratively for operators, account
being taken of administration requirements;

(c) precludes discrimination between the operators concerned.

the

same

Export

refunds

shall be

3.
the whole
Community. They may vary according to destination, where
the world market situation or the specific requirements of
certain markets make this necessary. Refunds shall be fixed in
accordance with the procedure referred to in Article 26(2).
Refunds may be fixed:

for

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

the product,

(a) at regular intervals;

(b) recognition of

the document used for verifying the

guarantees referred to in point (a),

(b) by invitation to tender for products in respect of which

provision was made for that procedure in the past.

(c)

the conditions under which import licences shall be issued
and their term of validity.

Export refunds fixed at regular intervals, may, if necessary, be
amended in the interval by the Commission at the request of
either a Member State or on its own initiative.

S e c t i o n I I

The following shall be taken into account when refunds

4.
are being fixed:

P r o v i s i o n s a p p l i c a b l e t o e x p o r t s

(a)

the existing situation and future trends with regard to:

Article 14

(i) prices and availability of rice and broken rice on the

Community market,

1.
To the extent necessary to enable the following products
to be exported 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 Treaty, the difference between those quotations or prices
and prices in the Community may be covered by export
refunds:

(ii) 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
development of prices and trade on this market;

(a)

the products listed in Article 1 to be exported without
further processing;

(c)

limits resulting from agreements concluded in accordance
with Article 300 of the Treaty;

(b) the products listed in Article 1 to be exported in the form

of goods listed in Annex IV.

Export refunds on the products referred to in point (b) may
not be higher than those applicable to such products exported
without further processing.

(d) the

importance

of

avoiding

disturbances

on

the

Community market;

(e)

the economic aspects of the proposed exports;

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

(f)

the most favourable prices in third countries of destination
third-country imports, as far as products listed in
for
Article 1(1)(a) and (b) are concerned.

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Article 15

Export refunds on products listed in Article 1 exported
granted on

1.
without
application and on presentation of an export licence.

further processing

shall only be

2.
The refund applicable to products listed in Article 1
exported without further processing shall be that applicable on
in the case of a
the day of application for the licence and,
differentiated refund, that applicable on the same day:

(a)

for the destination indicated on the licence

or, where appropriate

(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 any abuse of
the flexibility provided for in this paragraph.

3.
The scope of paragraphs 1 and 2 may be extended to
apply to products listed in Article 1 that are exported in the
form of goods listed in Annex IV in accordance with the
procedure laid down in Article 16 of Regulation (EC) No
3448/93 (1). Detailed implementing rules shall be adopted in
accordance with that procedure.

Derogations from paragraphs 1 and 2 may be granted in
4.
the case of products on which export refunds are paid under
food-aid operations, in accordance with the procedure referred
to in Article 26(2).

(a)

the products were wholly obtained in the Community
within the meaning of Article 23 of Council Regulation
(EEC) No 2913/92 of 12 October 1992 establishing the
Community Customs Code (2), except where paragraph 6
of that Article applies;

(b) the products have been exported from the Community;

(c)

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 referred to in
Article 26(2), provided that conditions are laid down
which offer equivalent guarantees.

Additional provisions may be adopted in accordance with the
procedure referred to in Article 26(2).

2.
No export refund shall be granted on rice imported from
third countries and re-exported to third countries, unless the
exporter submits proof that:

(a)

the product to be exported and the product previously
imported are one and the same; and

(b) the duties 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 those duties are lower
than the refund applicable. Where the duties collected on
importation are higher than the refund applicable, those duties
shall apply.

Article 16

Article 18

A corrective amount applicable to the export refunds
1.
may be set in accordance with the procedure referred to in
Article 26(2). However, where necessary, the Commission may,
amend the corrective amounts.

2.
The first subparagraph may be applied to products listed
in Article 1 that are exported in the form of goods listed in
Annex IV.

Observance of 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 WTO Agreement on Agriculture, the ending
of a reference period shall not affect the validity of export
licences.

Article 17

Article 19

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

1.
and (b) shall be paid upon submission of proof that:

including
Detailed rules for the application of this Section,
provisions on the redistribution of exportable quantities which

(1) OJ L 318, 20.12.1993, p. 18. Regulation as last amended by
Regulation (EC) No 2580/2000 (OJ L 298, 25.11.2000, p. 15).

(2) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by
Regulation (EC) No 2700/2000 of the European Parliament and of
the Council (OJ L 311, 12.12.2000, p. 17).

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have not been allocated or utilised, shall be adopted in
accordance with the procedure referred to in Article 26(2).
Such detailed rules may include provisions governing the
quality of the products eligible for an export refund.

Save as otherwise provided for in this Regulation or in
2.
provisions adopted pursuant thereto, the following shall be
prohibited in trade with third countries:

Annex IV shall be amended in accordance with the procedure
referred to in Article 26(2).

(a)

the levying of any charge having equivalent effect to a
customs duty;

S e c t i o n I I I

C o m m o n p r o v i s i o n s

Article 20

To the extent necessary for the proper working of the
1.
common organisation of
the Council,
the market
acting on a proposal from the Commission in accordance with
the voting procedure laid down in Article 37(2) of the Treaty
may prohibit in whole or in part the use of inward or outward
processing arrangements in respect of products listed in Article
1.

in rice,

2.
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 to be disturbed
the
by the inward or outward processing arrangements,
Commission shall, at the request of a Member State or on its
own initiative, decide on the necessary measures in accordance
with the procedure referred to in Article 26(2). 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 take 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 from the
date on which they were notified. The Council, acting by a
the
qualified majority, may confirm,
Commission's decision.

amend or

repeal

If the Council has not acted within three months from the date
on which the decision was referred to him, the Commission's
decision shall be deemed to have been repealed.

Article 21

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
Regulation. The
from the
application of this Regulation, including the definitions listed
in Annex I, shall be incorporated in the Common Customs
Tariff.

tariff nomenclature

resulting

(b) the application of any quantitative restriction or measure

having equivalent effect.

Article 22

1. When the quotations or prices on the world market of
one or more of the products listed in Article 1 reach a level
that disrupts or
the
Community market and this situation is liable to persist and
deteriorate, appropriate measures may be taken. Such measures
may be taken as a safeguard measure in case of extreme
emergency.

the supply of

to disrupt

threatens

2.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure referred to in
Article 26(2).

Article 23

If, by reason of

imports or exports,

the Community
1.
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 non-WTO members until such disturbance or threat of
disturbance has ceased.

If the situation referred to in paragraph 1 arises, the
2.
Commission shall, at the request of a Member State or on its
own initiative, decide upon the necessary measures. The
Member States shall be notified of such measures which shall
be immediately applicable.
the Commission receives a
If
request from a Member State, it shall take 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 shall meet without delay. It may, acting by a qualified
majority, amend or repeal the measure in question within one
month from the date on which it was referred to the Council.

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.

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21.10.2003

CHAPTER IV

GENERAL PROVISIONS

Article 24

Article 29

Regulation (EC) No 1258/1999 and the provisions adopted in
implementation thereof shall apply to the expenditure incurred
by the Member States in carrying out obligations under this
Regulation.

Unless this Regulation provides otherwise, Articles 87, 88 and
89 of the Treaty shall apply to production of and trade in the
products listed in Article 1.

Article 30

Article 25

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.

information necessary

1. Member States and the Commission shall send each other
any
this
Regulation
international
obligations concerning rice.

for
complying with

application of

and

the

the

for

Detailed rules

2.
to determine which information is
necessary as well as for its communication and distribution
shall be adopted in accordance with the procedure referred to
in Article 26(2).

Article 26

The Commission shall be assisted by the Management
1.
Committee for Cereals,
instituted by Article 25 of Council
Regulation (EC) No 1784/2003 of 29 September 2003 on the
common organisation of the market in cereals (1), hereinafter
referred to as ‘the Committee'.

2. Where reference is made to this paragraph, Articles 4
and 7 of Decision 1999/468/EC shall apply.

The period provided for
1999/468/EC shall be set at one month.

in Article 4(3) of Decision

3.

The Committee shall adopt its rules of procedure.

Article 27

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.

Article 28

in an
Measures which are both necessary and justifiable,
emergency, in order to resolve practical and specific problems
shall be adopted in accordance with the procedure referred to
in Article 26(2).

Such measures may derogate from certain parts of
this
Regulation, but only to the extent that, and for such a period,
as is strictly necessary.

CHAPTER V

TRANSITIONAL AND FINAL RULES

Article 31

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

1.
repealed.

References to the repealed Regulations shall be construed as
references to this Regulation and shall be read in accordance
with the correlation table in Annex V.

Transitional measures may be adopted in accordance

2.
with the procedure referred to in Article 26(2).

Article 32

1.
In the period from 1 April 2004 to 31 July 2004, the
quantities that shall be bought in by the intervention agencies
pursuant to Article 4 of Regulation (EC) No 3072/95 shall be
limited to 100 000 tonnes.

2.
The Commission, on the basis of a balance sheet
reflecting the situation of the market, may amend the quantity
referred to in paragraph 1. The procedure referred to in Article
26(2) shall apply.

Detailed rules for the implementation of this Article shall
3.
be adopted in accordance with the procedure referred to in
Article 26(2).

Article 33

1.
This Regulation shall enter into force on the seventh day
following that of its publication in the Official Journal of the
European Union.

2.

It shall apply from the 2004/2005 marketing year.

(1) See page 78 of this Official Journal.

However, Articles 9 and 32 shall apply from 1 April 2004.

21.10.2003

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Official Journal of the European Union

L 270/105

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

Done at Brussels, 29 September 2003.

For the Council

The President

G. ALEMANNO

L 270/106

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Official Journal of the European Union

21.10.2003

ANNEX I

Definitions

as referred to in the first subparagraph of Article 2(1)

1.

(a) Paddy rice: means rice which has retained its husk after threshing.

(b) Husked rice: means paddy rice from which only the husk has been removed. Examples of rice falling within
‘loonzain' and ‘riso

this definition are those with the commercial descriptions ‘brown rice',
sbramato'.

‘cargo rice',

(c) Semi-milled rice: means 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: means 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: means 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: means 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: means

(i)

(ii)

long grain rice A, 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;

long grain rice B, 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: means 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: means grain fragments the length of which does not exceed three quarters of the average length of the

whole grain.

21.10.2003

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Official Journal of the European Union

L 270/107

ANNEX II

Definition of grains and broken grains which are not of unimpaired quality

as referred to in the second subparagraph of Article 2(1)

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:

— large broken grains (pieces of grain of a length not less than half that of a grain, but not constituting a

complete grain),

— 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 ‘large broken grains'),

— 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),

— 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.

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.

L 270/108

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Official Journal of the European Union

21.10.2003

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.

21.10.2003

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Official Journal of the European Union

L 270/109

ANNEX III

Definition of standard quality of paddy rice

Paddy rice of standard quality shall:

(a) be of a sound and fair marketable quality, free of odour;

(b) contain a moisture content of maximum 13 %;

(c) have a yield of wholly milled rice 63 % by weight in whole grains (with a tolerance of 3 % of clipped grains) of

which a percentage by weight of wholly milled rice grains which are not of unimpaired quality:

— chalky grains of paddy rice under CN codes CN 1006 10 27 and CN 1006 10 98:

1,5 %

— chalky grains of paddy rice under CN codes other than CN 1006 10 27 and

CN 1006 10 98:

— grains striated with red:

— spotted grains:

— stained grains:

— yellow grains:

— amber grains:

2,0 %

1,0 %

0,50 %

0,25 %

0,02 %

0,05 %.

L 270/110

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Official Journal of the European Union

21.10.2003

CN code

ex 0403

ANNEX IV

Description

Buttermilk, curdled milk and cream, yoghurt, kephir and other fermented or acidified milk and
cream,
flavoured or containing added fruit, nuts or cocoa, whether or not concentrated or
containing sugar or other sweetening matter:

0403 10

— Yoghurt:

0403 10 51 to
0403 10 99

— — Flavoured or containing added fruit, nuts or cocoa

0403 90

— Other:

0403 90 71 to
0403 90 99

— — Flavoured or containing added fruit, nuts or cocoa

ex 1704

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

1704 90 51 to
1704 90 99

— — Other

ex 1806

ex 1901

Chocolate and other food preparations containing cocoa, except goods of subheadings 1806 10,
1806 20 70, 1806 90 60, 1806 90 70 and 1806 90 90

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 goods of 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:

1901 10 00

— Preparations for infant use, put up for retail sale

1901 20 00

— Mixes and doughs for the preparation of bakers' wares of heading No 1905

1901 90

— Other:

1901 90 11 to
1901 90 19

— — Malt extract

— — Other:

1901 90 99

— — — Other:

ex 1902

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:

1902 20 91

— — — Cooked

1902 20 99

— — — Other

1902 30

— Other pasta

1902 40 90

— — Other

1904

ex 1905

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:

1905 90 20

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

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Official Journal of the European Union

L 270/111

CN code

ex 2004

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

Description

— Potatoes:

— — Other:

2004 10 91

— — — In the form of flour, meal or flakes

ex 2005

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

— Potatoes:

2005 20 10

— — In the form of flour, meal or flakes

ex 2101

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

2101 12

— — Preparations with a basis of these extracts, essences or with a basis of coffee:

2101 12 98

— — — Other

2101 20

— Extracts, essences and concentrates, of tea or maté, and preparations with a basis of these

extracts, essences or concentrates, or with a basis of tea or maté:

2101 20 98

— — — Other

2105 00

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

2106

Food preparations not elsewhere specified or included:

— Other:

2106 90 10

— — Cheese fondues

— — Other:

2106 90 92

— — — Containing no milk fats, sucrose,

isoglucose, glucose or starch or containing, by

weight, less than 1,5 % milk fat, 5 % sucrose or isoglucose, 5 % glucose or starch

2106 90 98

— — — Other

ex 3505

ex 3809

Dextrins and other modified starches (for example, pregelatinised starches); glues based on
starches, or on dextrins or other modified starches, except starches of No 3505 10 50

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:

3809 10

— with a basis of amylaceous substances'

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Official Journal of the European Union

21.10.2003

ANNEX V

Correlation table

Regulation (EC) No 3072/95

This Regulation

Article 1 and 2

Article 3

Article 6

Article 7

Article 8

—

Article 4

—

Article 6

Article 7

Article 8

Article 9

—

Article 10

Article 5

Article 9

Article 11

Article 12

Articles 14, 15, 16, 17, 18 and 19

Article 20

Article 21

Article 22

Article 23

—

Article 24

—

Article 25

Article 26

Article 27

Article 28

Article 30

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

—

Article 7

Article 8a

Article 8b

Article 8c

Article 8d

Article 8e

Article 9

Article 10

—

Article 11

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

—

Article 21

Article 22

Article 23

—

Article 24

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L 270/113

Regulation (EC) No 3072/95

This Regulation

Article 25

Article 26

—

Article 27

Annex A

—

Annex B

Annex C

Article 1

Annex

Article 31

Article 29

Article 32

Article 33

Annex I

—

Annex IV

Annex V

Regulation (EC) No 3073/95

This Regulation

Annex III

Annex II