CELEX: 31987R4042
Language: en
Date: 1987-12-31 00:00:00
Title: Commission Regulation (EEC) No 4042/87 of 30 December 1987 fixing the import levies on rice and broken rice

31 . 12. 87
No L 378/88                                Official Journal of the European Communities
                                     COMMISSION REGULATION (EEC) No 4042/87
                                                       of 30 December 1987
                                      fixing the import levies on rice and broken rice
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           on the Community market ; whereas the quality of the
                                                                      goods offered must also be taken into account, whether
Having regard to the Treaty establishing the European                 this quality as fixed in Council Regulation (EEC) No
Economic Community,                                                   1423/76 Q, or whether adjustments need to be made by
                                                                      applying the corrective amounts provided for in Regula­
                                                                      tion (EEC) No 1613/71 ;
Having regard to the Act of Accession of Spain and
Portugal,
                                                                      Whereas, furthermore, in the case of round grain and long
Having regard to Council Regulation (EEC) No 1418/76                  grain husked rice and round grain and long grain wholly
of 21 June 1976 on the common organization of the                     milled rice, the cif price is calculated on the basis of
market in rice ('), as last amended by Regulation (EEC)               quotations or prices on the world market relating, for
No 3990/87 (2), and in particular Article 1 1 (2) thereof,            each type of rice, to the products specified in Article 4 of
                                                                      Regulation (EEC) No 1613/71 ; whereas, for this calcula­
                                                                       tion, the conversion rates resulting from Commission
Having regard to Commission Regulation (EEC) No                        Regulation No 467/67/EEC of 21 August 1967 fixing the
883/87 of 23 March 1987 laying down detailed rules for                 conversion rates, the processing costs and the value of the
the application of Council Regulation (EEC) No 3877/86                 by-products for the various stages of rice processing (8), as
on imports of rice of the long-grain aromatic Basmati                  last amended by Regulation (EEC) No 2249/85 (9), should
variety falling within subheading 1006 10, 1006 20 or                  be used where appropriate ;
 1006 30 of the combined nomenclature ^), and in parti­
cular Article 8 thereof,
                                                                       Whereas, when these conversions are being effected, the.
                                                                       Commission must take account of the fact that certain
 Having regard to the opinion of the Monetary Committee,
                                                                       offers are for rice containing a higher percentage of
                                                                       broken rice than that allowed for in the standard quality
Whereas Article 11 of Regulation (EEC) No 1418/76                      fixed by Regulation (EEC) No 1423/76 and, in that case,
 provides for charging an import levy on paddy rice,                   must adjust the offers so as to conform with the value of
 husked rice, semi-milled rice, wholly milled rice and                 one kilogram of broken rice fixed by Regulation No 467/
 broken rice ; whereas in the case of husked rice, wholly               67/EEC ; whereas no adjustment is made, however, if the
 milled rice and broken rice, the levy is equal to the diffe­           prices for husked rice and semi-milled or wholly milled
 rence between the threshold price and the cif price ;                  rice taken into consideration are lower than those
 whereas, in the case of paddy rice and semi-milled rice,               provided for in the last subparagraph of Article 4 of Regu­
 the levy should be derived from the levies applicable to               lation No 467/67/EEC ;
 the corresponding husked rice and wholly milled rice ;
 Whereas the threshold prices for husked rice, wholly                   Whereas Regulation (EEC) No 1613/71 requires the
 milled rice and broken rice were fixed for the 1987/88                 Commission to take account of the fact that certain offers
 marketing year by Commission Regulation (EEC) No                       are for delivery cost and freight or relate to a product put
 23:52/87 (4) ;                                                         up in bags and, if this is the case, to adjust such offers by
                                                                        applying the rates or amounts fixed by the abovemen­
 Whereas, for the purpose of calculating cif prices, the                tioned Regulation to make the offers comparable to offers
 Commission must take account of the factors indicated in               for delivery cif or relating to a product presented in bulk ;
 Article 16 of Regulation (EEC) No 1418/76 and in
 Commission Regulation (EEC) No 1613/71 of 26 July                      Whereas the cif price is calculated for Rotterdam on the
  1971 laying down detailed rules for fixing cif prices and             basis of the abovementioned factors, offers made for other
 levies on rice and broken rice and the corrective amounts              ports being adjusted, account being taken of the correc­
 relating thereto (*), as last amended by Regulation (EEC)              tions necessitated by the difference in transport charges in
  No 3817/85 (% and in particular the most favourable                   relation to Rotterdam ;
  purchasing opportunities on the world market which are
  sufficiently representative of the real trend of the market,          Whereas, if the conditions provided for in Article 1 (3) of
  account being taken in particular of the need to prevent               Regulation (EEC) No 1613/71 obtain, the cif price may be
  sudden variations likely to cause abnormal disturbances                calculated on the basis of offers for delivery during the
                                                                         following month or may be retained unaltered for a
  (') OJ No   L 166, 25. 6. 1976, p. 1 .                                 limited period ;
  (*) OJ No   L 377, 31 . 12. 1987.
  (3) OJ  No  L 80, 24. 3. 1987, p. 20.
  (4) OJ  No  L 210, 1 . 8. 1987, p. 59.                                 f) OJ No L 166, 25. 6. 1976, p. 20.
  0   OJ  No  L 168, 27. 7. 1971 , p. 28 .                               (8) OJ No L 204, 24. 8 . 1967, p. 1 /67.
  («) OJ  No  L 368, 31 . 12. 1985, p. 16.                               0 OJ No L 210, 7. 8. 1985, p. 13.
 ---pagebreak--- 31 . 12. 87                                 Official Journal of the European Communities                              No L 378/89
Whereas, in order that account may be taken of the                    Whereas levies are fixed once a week and are altered in
interests of the African, Caribbean and Pacific States and            the intervening period to take account of variations in
of the overseas countries and territories, the levy relating          threshold prices or in the factors used to determine cif
to them must, pursuant to Council Regulation (EEC) No                 prices ; whereas, in the case of husked rice, wholly milled
48 6/85 ('), as last amended by Regulation (EEC) No                   rice and broken rice, the levies are altered only if varia­
1821 /87 (2), be reduced by a fixed amount and by an                  tions in the factors used to calculate the levy entail an
amount corresponding to 50 % of the levy relating to                  increase or a reduction of at least 1,21 ECU per tonne in
third countries ; whereas the levy must be further reduced            the amount of the levy in force ;
in the case of semi-milled and wholly milled rice ;
whereas the charging of this levy is subject to conditions,
some of which are set out in Articles 1 0 and 1 1 of Regu­            Whereas Counil Regulation (EEC) No 2658/87 (*) intro­
lation (EEC) No 486/85 and in Commission Regulation                   duces from 1 January 1988 a new combined nomencla­
(EEC) No 551 /85 (3) ;                                                ture meeting the requirements of both the Common
                                                                      Customs Tariff and the Community's statistics of foreign
                                                                      trade and replacing the present nomenclature ;
                                                                      Whereas, if the levy system is to operate normally, levies
                                                                      should be calculated on the following basis :
Whereas, pursuant to Article 272 of the Act of Accession,
the Community as constituted at 31 December 1985                      — in the case of currencies which are maintained in rela­
must, in the case of products specified in Article 1 of
Regulation (EEC) No 1418/76 which are imported from                        tion to each other at any given moment within a band
Portugal, apply the arrangements which were applicable                     of 2,25 % a rate of exchange based on their central
                                                                           rate, multiplied by the corrective factor provided for in
in respect of Portugal before accession ; whereas, under
Article 4 of Council Regulation (EEC) No 3792/85 of 20                     the last paragraph of Article 3 (1 ) of Council Regula­
 December 1985 laying down the arrangements applying                       tion (EEC) No 1676/85 Q, as last amended by Regula­
to trade in agricultural products between Spain and                        tion (EEC) No 1636/87 (8),
Portugal (4), the same arrangements are to be applied in               — for other currencies, an exchange rate based on the
the case of Spain ; whereas a levy should be applied                       arithmetic mean of the spot market rates of each of
 pursuant to those arrangements and whereas that levy                      these currencies recorded for a given period in rela­
should be calculated in accordance with the rules laid                     tion to the Community currencies referred to in the
 down in Regulation (EEC) No 1613/71 and taking into                       previous indent, and the aforesaid coefficient ;
 account the situation with regard to market prices in
 Portugal ; and whereas, in the case of imports into Spain
 the accession compensatory amount applicable to trade                 Whereas it follows from applying all the abovementioned
 between Spain and the Community as constituted at 31                  provisions that the levies should be fixed as set out in the
 December 1985 should be deducted from the levy ;                      Annex hereto,
Whereas Regulation (EEC) No 1423/76 determined the                     HAS ADOPTED THIS REGULATION :
 standard qualities for rice and broken rice ;
                                                                                                  Article 1
 Whereas Council Regulation (EEC) No 3877/86 (*)                       The import levies to be charged on the products listed in
 defined a special arrangement for the importation of                  Article 1 (1 ) (a) and (b) of Regulation (EEC) No 1418/76
 certain quantities of Basmati rice into the Community ;               shall be as set out in the Annex hereto.
 whereas this arrangement provides for a levy of 75 % of
 that calculated in accordance with Article 11 of Regula­
 tion (EEC) No 1418/76 ; whereas however this levy may
 not be less than the difference between the free-at-frontier
 price for Basmati rice and the threshold price for long­                                         Article 2
 grain, rice ;
                                                                       This Regulation shall enter into force on 1 January 1988 .
 (■) OJ No   L 61 , 1 . 3.  1985, p. 4.
 (2) OJ No   L 172, 30.    6. 1987, p. 102.
 (3) OJ No   L 63, 2. 3.    1985, p. 10.                               (*) OJ No L 256, 7. 9. 1987, p.l .
 (4) OJ No   L 367, 31 .   12. 1985, p. 7.                             0 OJ No L 164, 24. 6. 1985, p. 1 .
 0   OJ No   L 361 , 20 .  12. 1986, p. 7.                             (8) OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak---                                                                                                                                      31 . 12. 87
No L 378/90                             Official Journal of the European Communities
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 30 December 1987.
                                                                                        For the Commission
                                                                                         Frans ANDRIESSEN
                                                                                            Vice-President
                                                                    ANNEX
             to the Commission Regulation of 30 December 1987 fixing the import levies on rice and
                                                                  broken rice
                                                                                                                     (ECU/ tonne)
                                                                   Third countries                                 Basmati
                                                                                          ACP or OCT
                      CN Code                  Portugal         (except ACP or OCT)          C)(2)(3)                 0
                                                                          (3)
                     1006 10 91                                         322,54               157,67
                     1006 10 99                                         307,20                150,00                230,40
                     1006 20 10                                         403.17                197,98
                     1006 20 90                                         384,00                188,40                288,00
                     1006 30 11                  13,05                  529,79               252,97
                     1006 30 19                  12,97                  608,18                292,20                456,14
                     1006 30 91                  13,90                  564,23                269,76
                      1006 30 99                 13,90                  651,97                313,63                488,98
                      1006 40 00                  0,00                  184,15                  89,07
              N.B. The levies are to be converted into national currencies using the specific agricultural conversion rates fixed in
                     Regulation (EEC) No 3294/86.
              (') Subject to the application of the provisions of Articles 10 and 11 of Regulation (EEC) No 486/85 and of Regula­
                  tion No 551 /85.
              (2) In accordance with Regulation (EEC) No 486/85, the levies are not applied to imports into the overseas depart­
                  ment of Reunion of products originating in the African, Caribbean and Pacific States or in the overseas countries
                  and territories'.
              (3) The import levy on rice entering the overseas department of Reunion is specified in Article 11a of Regulation
                  (EEC) No 1418/76.
              (*) This levy is applicable to Basmati rice covered by the arrangement provided for by Council Regulation (EEC) No
                  3877/86.