Commission Regulation No 1006/2005 of 30 June 2005 amending Regulation (EC) No 1549/2004 derogating from Council Regulation (EC) No 1785/2003 as regards the arrangements for importing rice and laying down separate transitional rules for imports of basmati rice
Date: 2005-06-30
Institutions: European Commission
Subjects: CCT duties, import, import licence, rice

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Official Journal of the European Union

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COMMISSION REGULATION No 1006/2005

of 30 June 2005

amending Regulation (EC) No 1549/2004 derogating from Council Regulation (EC) No 1785/2003 as
regards the arrangements for importing rice and laying down separate transitional rules for imports
of basmati rice

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1785/2003 of
29 September 2003 on the common organisation of
the
market in rice (1), and in particular Articles 10(2) and 11(4)
thereof,

Having regard to Council Decision 2005/476/EC of 21 June
2005 on the conclusion of an Agreement in the form of an
exchange of letters between the European Community and the
United States of America relating to the method of calculation
of applied duties for husked rice (2), and in particular Article 2
thereof,

As the Agreement approved by Decision 2005/476/EC
applies from 1 March 2005, application of this Regu-
the customs duties applicable to
lation as
husked rice imports and the amendments that result
from it as regards wholly milled rice and basmati rice
should apply from that same date.

regards

Commission Regulation (EC) No 1549/2004 (4) should
therefore be amended..

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

(5)

(6)

HAS ADOPTED THIS REGULATION:

Whereas:

Article 1

(1)

(2)

(3)

Decision 2005/476/EC lays down special procedures for
calculating the customs duties applying to Community
imports of husked rice falling within CN code 1006 20
between 1 March 2005 and 30 June 2006. The necessary
the
measures
customs duties applicable to imports of husked rice
falling within CN code 1006 20 for the transitional
period in question.

should therefore be taken as

regards

Decision 2005/476/EC also extends to 30 June 2006 the
maximum period in which the Commission, pending the
Regulation amending Article 11(2) of Regulation (EC)
No 1785/2003, can adopt the measures on rice import
arrangements by way of a derogation from Regulation
(EC) No 1785/2003.

To prevent
the arrangements laid down in Decision
2005/476/EC from being disrupted by improper import
licence applications, the security for husked rice import
licences should be set at a sufficiently high level. To this
end a derogation should be made to Article 12(a) of
Commission Regulation (EC) No 1342/2003 of 28 July
2003 laying down special detailed rules for the appli-
cation of the system of import and export licences for
cereals and rice (3).

(1) OJ L 270, 21.10.2003, p. 96.
(2) See page 67 of this Official Journal.
(3) OJ L 189, 29.7.2003, p. 12. Regulation as last amended by
L 209,

(EC) No 1092/2004 (OJ

Commission Regulation
11.6.2004, p. 9).

Regulation (EC) No 1549/2004 is hereby amended as follows:

(a) Article 1 is replaced by the following:

‘Article 1

1.
Notwithstanding Article 11(2) of Regulation (EC) No
1785/2003, the import duty on husked rice falling within
CN code 1006 20 shall be fixed by the Commission within
10 days of the end of the reference period concerned:

(a) at EUR 30 per tonne in the following cases:

— where it is noted that the imports of husked rice
made over the course of the marketing year just
ended did not reach the annual reference quantity
referred to in the first subparagraph of paragraph 3,
less 15 %,

— where it is noted that the imports of husked rice
made over the course of the first six months of the
marketing year do not reach the partial reference
quantity referred to in the second subparagraph of
paragraph 3, less 15 %,

(4) OJ L 280, 31.8.2004, p. 13.

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(b) at EUR 42.5 per tonne in the following cases:

— where it is noted that the imports of husked rice
made over the course of the marketing year just
ended exceed the annual reference quantity referred
less
to in the first subparagraph of paragraph 3,
annual
15 %, but do not
reference quantity plus 15 %,

exceed that

same

— where it is noted that the imports of husked rice
made in the first six months of the marketing year
exceed the partial reference quantity referred to in
the second subparagraph of paragraph 3, less 15 %,
but do not exceed that
reference
quantity plus 15 %,

same partial

(c) at EUR 65 per tonne in the following cases:

The annual

reference quantity shall be 431 678
3.
tonnes for the 2004/2005 marketing year. This quantity
shall be increased by 6 000 tonnes a year
the
2005/2006, 2006/2007 and 2007/2008 marketing years.

for

The partial reference quantity for each marketing year shall
correspond to half the annual reference quantity referred to
in the first subparagraph.’;

(b) the following Article 1a is added:

‘Article 1 a

Notwithstanding
No 1342/2003,
licences for husked rice shall be EUR 30 per tonne.’;

of
security relating to the

Article
the

Regulation

12

(EC)
import

(c)

the following Article 1b is inserted:

‘Article 1 b

(EC)
of
Notwithstanding Article
the import duty for wholly milled rice
No 1785/2003,
falling within CN code 1006 30 shall be EUR 175 a tonne.’;

Regulation

11(2)

— where it is noted that the imports of husked rice
made over the course of the marketing year just
ended exceed the annual reference quantity referred
to in the first subparagraph of paragraph 3, plus
15 %,

(d) the following Article 1c is inserted:

‘Article 1 c

— where it is noted that the imports of husked rice
made over the course of the first six months of the
marketing year exceed the partial reference quantity
referred to in the second subparagraph of paragraph
3, plus 15 %.

The Commission shall fix the applicable duty only if the
this paragraph lead to its
calculations made under
amendment. Until a new applicable duty is fixed, the
duty fixed previously shall apply.

In order

2.
referred to in
to calculate the imports
paragraph 1, account shall be taken of the quantities for
which import licences for husked rice falling within CN
code 1006 20 were issued under the first subparagraph of
Article 10(1) of Regulation (EC) No 1785/2003 in the
corresponding reference period, except
the import
licences for basmati rice referred to in Article 4 of this
Regulation.

for

11(2)

(EC)
of
Notwithstanding Article
No 1785/2003,
the basmati rice varieties falling within
CN codes 1006 20 17 and 1006 20 98 listed in Annex I
to this Regulation shall qualify for a zero rate of import
duty.

Regulation

Where the first paragraph applies, the measures provided
for in Articles 2 to 8 shall apply.’;

(e)

the second paragraph of Article 9 is deleted;

(f)

in Article 10 ‘the import duties referred to in Article 1(1) of
this Regulation’ is replaced by ‘the import duties for husked
rice established in accordance with Article 1 of this Regu-
lation or, as appropriate, the import duty for wholly milled
rice referred to in Article 1b,’;

(g)

in Article 11, ‘30 June 2005’ is replaced by ‘30 June 2006’;

(h) in Annex I, the title is replaced by:

‘Varieties referred to in Article 1c’.

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Article 2

The first fixing of duties under Article 1(a) shall be made within three days of the publication of this
Regulation.

Article 3

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

Article 1(a), (c), (d), (f), and (h) shall apply from 1 March 2005.

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

Done at Brussels, 30 June 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission