Commission Regulation (EC) No 264/2004 of 16 February 2004 derogating from 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
Date: 2004-02-16
Institutions: European Commission
Subjects: CCT duties, India, Pakistan, import licence, originating product, rice, tariff reduction

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COMMISSION REGULATION (EC) No 264/2004

of 16 February 2004

derogating from 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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

(5)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Cereals,

Having regard to Council Regulation (EC) No 3072/95 of 22
December 1995 on the common organisation of the market in
rice (1), and in particular Article 11(4) thereof,

HAS ADOPTED THIS REGULATION:

Whereas:

(1)

(2)

(3)

(4)

for

Article 4a(1) of Commission Regulation (EC) No 1503/
96 (2) provides
an import duty reduction of
EUR 250 per tonne in the case of Basmati rice as
defined in Annex IV to that Regulation as amended by
Regulation (EC) No 2294/2003 and falling within CN
codes ex 1006 20 17 and 1006 20 98.

India and Pakistan have informed the Commission that
the time available between publication of Regulation
(EC) No 2294/2003 and its application was too short
for certificates of authenticity to be granted to all the
rice for which sales contracts had been concluded with
Community traders before the date on which the new
provisions entered into force.

that

The Indian and Pakistani authorities have respectively
given the Commission formal assurances
the
authenticity and quality requirements governing Basmati
rice imported into the Community and originating in
India and Basmati rice of the varieties ‘Kernel Basmati’
and ‘Super Basmati ’originating in Pakistan, certified by
the competent authorities of the producer country, can
be checked by DNA analyses to be carried out in the
producer countries as part of
random
controls of operations at risk of fraud.

targeted or

In order to allow the competent authorities of
the
Member States to accept the certificates of authenticity
already issued by the Indian and Pakistani authorities or
those currently being considered by those authorities for
the quantities of Basmati rice for which sales contracts
were concluded by 31 December 2003, Regulation (EC)
No 1503/1996 must be derogated from for a limited
period and under certain conditions.

Article 1

1.
By way of derogation from the first subparagraph of
Article 4a(1) of Regulation (EC) No 1503/96, for the period
from 1 January 2004 to 31 March 2004 Basmati rice origin-
ating in India and the rice varieties ‘Kernel Basmati’ and ‘Super
Basmati’ originating in Pakistan and falling within CN codes
ex 1006 20 17 and 1006 20 98 may benefit from an import
duty reduction of EUR 250 per tonne, provided that:

(a) sales contracts were concluded between the suppliers from
those countries and Community traders by 31 December
2003;

(b) certificates of authenticity were already issued for the
contracts referred to in (a) above before 31 December 2003
or are so issued not later than 31 March 2004.

Annex IV to Regulation (EC) No 1503/96 shall not apply
2.
to imports of
the Basmati rice covered by the certificates
referred to in paragraph 1(b) in the period 1 January 2004 to
31 March 2004.

3.
By way of derogation from the first subparagraph of
Article 4a(4) of Regulation (EC) No 1503/96, the certificate of
authenticity issued by the competent bodies in the countries
exporting Basmati rice as referred to in paragraph 1 shall be
drawn up in the period 1 January 2004 to 31 March 2004 on
the model form annexed to this Regulation.

Article 2

(1) 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); it is repealed by Regulation (EC) No 1785/2003 (OJ L 270,
21.10.2003, p. 96) with effect from the day of applicability of that
Regulation.

(2) OJ L 189, 30.7.1996, p. 71. Regulation as last amended by Regu-

lation (EC) No 2294/2003 (OJ L 340, 24.12.2003, p. 12).

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Union.

It shall apply from 1 January 2004.

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

Done at Brussels, 16 February 2004.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX

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