Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on imports of rice originating in Bangladesh
Date: 2012-04-16
Institutions: European Commission
Subjects: Bangladesh, generalised preferences, import (EU), import levy, originating product, rice

EUROPEAN COMMISSION 

Brussels, 16.4.2012  
COM(2012) 172 final 

2012/0085 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on imports of rice originating in Bangladesh 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The  purpose  of  the  proposal  is  to  align  Council  Regulation  (EEC)  No  3491/90  of  26 
November  19901  on  imports  of  rice  originating  in  Bangladesh  with  the  differentiation 
between delegated and implementing powers of the Commission introduced by Articles 290 
and 291 of the Treaty on the Functioning of the European Union (TFEU). 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

Consultation of interested parties 

Collection and use of expertise 

There  was  no  need  for  consultation  of  interested  parties  or  for  external  expertise  since  the 
proposal  to  align  Council  Regulation  (EEC)  No  3491/90  to  the  Lisbon  Treaty  is  an  inter-
institutional matter that will concern all Council Regulations.  

Impact assessment 

No need for an impact assessment since the proposal to align Council Regulation (EEC) No 
3491/90  to  the  Lisbon  Treaty  is  an  inter-institutional  matter  that  will  concern  all  Council 
Regulations.  

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Summary of the proposed action 

Identify  the  delegated  and  implementing  powers  of  the  Commission  in  Council  Regulation 
(EEC) No 3491/90 and establish the corresponding procedure for adoption of these acts.  

Legal basis 

Article 207 of the Treaty on the Functioning of the European Union 

Subsidiarity principle 

Agricultural  policy  is  of  shared  competence  between  the  EU  and  the  Member  States.  This 
means  that  as  long  as  the  EU  does  not  legislate  in  the  sector  Member  States  maintain  their 
competence. This proposal is limited to adapting the provisions on preferential imports of rice 
originating  in  Bangladesh  to  new  requirements  introduced  by  the  Lisbon  Treaty.  Thus  the 
existing Union approach is not affected by this Proposal. 

1 

OJ  L  337,  4.12.1990,  p.  1.  Regulation  as  amended  by  Regulation  (EC)  No  1532/2007  (OJ  L  337, 
21.12.2007, p. 19) 

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Proportionality principle 

The proposal complies with the proportionality principle. 

Choice of instruments 

Proposed instrument: Regulation of the European Parliament and of the Council. 

Other means would not be adequate for the following reason: direct application is due to the 
nature of the CAP and its management requirements an indispensable characteristic of CAP 
legislation. 

4. 

BUDGETARY IMPLICATION 

This measure has no budgetary implications. 

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2012/0085 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on imports of rice originating in Bangladesh 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 207 thereof, 

Having regard to the proposal from the European Commission2, 

After transmission of the draft legislative act to the national Parliaments, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

In  the  context  of  the  Uruguay  round,  the  Union  has  undertaken  to  offer  preferential 
import arrangements for rice originating in the least–developed countries. One of the 
countries  to  which  the  offer  was  addressed,  Bangladesh,  indicated  its  interest  in  the 
development of trade in rice. To that end, Council Regulation (EEC) No 3491/90 of 26 
November 1990 on imports of rice originating in Bangladesh3 has been adopted. 

Regulation  (EEC)  No  3491/90  confers  powers  on  the  Commission  in  order  to 
implement  some  of  its  provisions.  As  a  consequence  of  the  entry  into  force  of  the 
Lisbon Treaty, those powers need to be aligned to Articles 290 and 291 of the Treaty 
on  the  Functioning  of  the  European  Union  (the  Treaty).  For  the  sake  of  clarity  it  is 
appropriate  to  repeal  Regulation  (EEC)  No  3491/90  and  to  replace  it  with  a  new 
Regulation. 

In  order  to  ensure  the  reliability  and  the  efficiency  of  the  preferential  import 
arrangement,  the  power  to  adopt  acts  in  accordance  with  Article  290  of  the  Treaty 
should be delegated to the Commission to establish rules making the participation in 
the  arrangement  conditional  upon  the  lodging  of  a  security.  It  is  of  particular 
importance  that  the  Commission  carry  out  appropriate  consultations  during  its 
preparatory  work,  including  at  expert  level.  The  Commission,  when  preparing  and 
drawing-up  delegated  acts,  should  ensure  a  simultaneous,  timely  and  appropriate 
transmission of relevant documents to the European Parliament and to the Council.  

(4) 

In  order  to  ensure  uniform  conditions  for  the  implementation  of  this  Regulation, 
implementing  powers  should  be  conferred  on  the  Commission.  Those  powers,  save 

2 
3 

OJ C […], […], p. […]. 
OJ L 337, 4.12.1990, p. 1.  

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where  explicitly  provided  otherwise,  should  be  exercised  in  accordance  with 
Regulation  (EU)  No  182/2011  of  the  European  Parliament  and  the  Council  of  16 
February  2011  laying  down  the  rules  and  general  principles  concerning  mechanisms 
for control by Member states of the Commission's exercise of implementing powers4. 
However,  where  the  suspension  of  the  preferential  import  arrangement  becomes 
necessary,  the  Commission  should  be  allowed  to  adopt  implementing  acts  without 
applying the Regulation (EU) No 182/2011.  

The preferential import arrangements involve a reduction of the import duty within the 
limits  of  a  certain  quantity  of  husked  rice.  The  equivalent  quantities  at  stages  of 
milling  other  than  that  of  husked  rice  should  be  calculated  in  accordance  with 
Commission  Regulation  (EC)  No  1312/2008  of  19  December  2008  fixing  the 
conversion rates, the processing costs and the value of the by-products for the various 
stages of rice processing5.  

In order to fix the import duties applicable to rice originating in Bangladesh imported 
under  this  Regulation,  account  should  be  taken  of  the  relevant  provisions  of 
Regulation  No  XXXX/XXXX  of  the  European  Parliament  and  of  the  Council 
establishing a common organisation of agricultural markets and on specific provisions 
for certain agricultural products (Single CMO Regulation)6. 

To ensure that the advantages of the preferential import arrangements are limited only 
to rice originating in Bangladesh, a certificate of origin should be issued and an export 
tax of an amount corresponding to the reduction of the import duty should be collected 
by the exporting country, 

(5) 

(6) 

(7) 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Scope 

1. 

2. 

3. 

4 
5 
6 

This  Regulation  establishes  a  preferential  import  arrangement  for  imports  of  rice 
originating in Bangladesh falling within CN codes 1006 10 (excluding CN code 1006 
10 10), 1006 20 and 1006 30.  

The preferential import arrangement shall be limited, by calendar year, to a quantity 
equivalent to 4 000 tonnes of husked rice.   

The quantities at stages of milling other than the husked-rice stage shall be converted 
using the conversion rates fixed in Article 1 of Regulation (EC) No 1312/2008. 

By means of an implementing act adopted without the assistance of the Committee 
referred to in Article 323(1) of Regulation No XXXX/XXXX, the Commission shall 
suspend  the  application  of  the  preferential  import  arrangement  provided  for  in 
paragraph 1 of this Article once it ascertains that, during the year in progress, imports 

OJ L 55, 28.2.2011, p.13. 
OJ L 344, 20.12.2008, p. 56 
OJ L […], […], p. […]. 

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qualifying  under  the  said  arrangement  have  reached  the  quantity  indicated  in 
paragraph 2. 

Article 2 

Import duty 

1. 

Within  the  limits  of  the  quantity  laid  down  in  Article  1(2),  the  import  duty  on  rice 
shall be equal:  

— for paddy rice falling within CN codes 1006 10, with the exception of CN code 
1006 10 10, to the customs duties fixed in the Common Customs Tariff, less 50 
% and less a further EUR 4,34; 

— for husked rice falling within CN code 1006 20, to the duty fixed in accordance 
with  Article  242  of  the  Regulation  No  XXXX/XXXX  ,  less  50  %  and  less  a 
further EUR 4,34; 

— for semi-milled and milled rice falling within CN code 1006 30, to the duty fixed 
pursuant to Article 244 of the Regulation No XXXX/XXXX, less EUR 16,78, 
less a further 50 % and less EUR 6,52. 

2. 

Paragraph 1 shall apply subject to the following conditions: 

(a) 

that  proof  is  provided  that  an  export  tax  of  an  amount  corresponding  to  the 
reduction referred to in paragraph 1 has been collected by Bangladesh 

(b) 

that the competent authority of Bangladesh has issued a certificate of origin  

Article 3 

Delegated powers 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with  Article  4 
laying down rules making the participation in the preferential import arrangement established 
in Article 1 conditional upon the lodging of a security.  

Article 4 

Exercise of the delegation 

1. 

2. 

The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission  subject  to  the 
conditions laid down in this Article. 

The power to adopt delegated acts referred to in Article 3 shall be conferred on the 
Commission for an indeterminate period of time from the day of entry into force of 
this Regulation.  

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3. 

4. 

5. 

The delegation of power referred to in Article 3 may be revoked at any time by the 
European Parliament or by the Council. A decision to revoke shall put an end to the 
delegation  of  the  power  specified  in  that  decision.  It  shall  take  effect  the  day 
following  the  publication  of  the  decision  in  the  Official  Journal  of  the  European 
Union  or  at  a  later  date  specified  therein.  It  shall  not  affect  the  validity  of  any 
delegated acts already in force.  

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council.  

A  delegated  act  adopted  pursuant  to  Article  3  shall  enter  into  force  only  if  no 
objection  has  been  expressed  either  by  the  European  Parliament  or  the  Council 
within a period of two months of notification of that act to the European Parliament 
and the Council or if, before the expiry of that period, the European Parliament and 
the  Council  have  both  informed  the  Commission  that  they  will  not  object.  That 
period shall be extended by two months at the initiative of the European Parliament 
or of the Council. 

Article 5 

Implementing powers 

The  Commission  shall,  by  means  of  implementing  acts,  adopt  the  necessary  measures 
concerning: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

the administrative method to be used for the management of the preferential import 
arrangement ;  

the  means  for  determining  the  origin  of  the  product  covered  by  the  preferential 
import arrangement; 

the form and period of validity of the certificate of origin referred to in Article 2(2); 

the nature of the proofs required to establish that the export tax referred to in Article 
2 (2) has been paid ; 

the period of validity of the import licences, where appropriate; 

the amount of the security required to be lodged in accordance with Article 3;  

the notifications to be made to the Commission by Member States. 

Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination  procedure 
referred to in Article [323(2)] of Regulation (EU) No [xxxx/xxxx] of the European Parliament 
and of the Council (Single CMO Regulation).  

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Article 6 

Repeal 

Regulation (EEC) No 3491/90 is repealed. 

References  to  Regulation  (EEC)  No  3491/90  shall  be  construed  as  references  to  this 
Regulation and be read in accordance with the correlation table set out in the Annex to this 
Regulation. 

Article 7 

Entry into force 

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

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

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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ANNEX  

CORRELATION TABLE REFERRED TO IN ARTICLE 6 

Regulation (EEC) No 3491/90  

This Regulation 

Article 1 

Article 2(1) 

Article 2(2) 

Article 3 

Article 2 

Article 1(2) 

Article 1(3) 

Articles 3, 4 and 5 

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