CELEX: 31978R2364
Language: en
Date: 1978-10-12 00:00:00
Title: Commission Regulation (EEC) No 2364/78 of 11 October 1978 fixing the import levies on rice and broken rice

12 . 10 . 78                                Official Journal of the European Communities                            No L 286/ 5
                                       COMMISSION REGULATION ( EEC) No 2364/78
                                                           of 11 October 1978
                                        fixing the import levies on rice and broken rice
THE COMMISSION OF THE EUROPEAN                                         Whereas, furthermore, in the case of round grain and
COMMUNITIES,                                                            long grain husked rice and round grain and long grain
                                                                       wholly milled rice, the cif price is calculated on the
Having regard to the Treaty establishing the European                  basis of quotations or prices on the world market
Economic Community,                                                     relating, for each type of rice, to the products specified
Having regard to Council Regulation (EEC) No                            in Article 4 of Regulation (EEC) No 1613/71 ;
 1418 /76 of 21 June 1976 on the common organiza­                      whereas , for this calculation , the conversion rates
tion of the market in rice ( 1), as last amended by Regu­               resulting from Commission Regulation No 467/
lation (EEC) No 1 260/78 (2), and in particular Article                 67/ EEC of 21 August 1967 fixing the conversion rates,
 1 1 (2) thereof,                                                       the processing costs and the value of the by-products
                                                                        for the various stages of rice processing (8), as last
Having regard to the opinion of the Monetary                            amended by Regulation (EEC) No 1 572/77 (9), should
Committee ,                                                             be used where appropriate ;
Whereas Article 11 of Regulation (EEC) No 1418 /76
provides for charging an import levy on paddy rice,                    Whereas, when these conversions are being effected,
husked rice, semi-milled rice, wholly milled rice and                   the Commission must take account of the fact that
broken rice ; whereas, in the case of husked rice,                      certain offers are for rice containing a higher percen­
wholly milled rice and broken rice, the levy is equal                   tage of broken rice than that allowed for in the
to the difference between the threshold price and the                   standard quality fixed by Regulation ( EEC) No
cif price ; whereas, in the case of paddy rice and semi­                1423 /76 and, in that case, to adjust the offers so as to
milled rice, the levy should be derived from the levies                 conform with the value of one kilogram of broken
applicable to the corresponding husked rice and                         rice as fixed by Regulation No 467/67/ EEC, as
wholly milled rice ;                                                    amended by Regulation (EEC) No 1808 /74 ; whereas
Whereas the threshold prices for husked rice, wholly                    no adjustment is made, however, if the prices for
milled rice and broken rice were fixed for the 1978 / 79                husked rice and semi-milled or wholly milled rice
                                                                        taken    into   consideration    are  lower   than   those
marketing year by Regulations (EEC) No 1 262/78 (3)
and (EEC) No 1 627/78 (4) ;                                             provided for in the last subparagraph of Article 4 of
                                                                        Regulation No 467/67/EEC ;
Whereas, for the purpose of calculating cif prices, the
Commission must take account of the factors indi­
cated in Article 16 of Regulation (EEC) No 1418 /76                     Whereas Regulation ( EEC) No 1613/71 requires the
and in Regulation (EEC) No 1613/71 (5), as last                         Commission to take account of the fact that certain
amended by Regulation (EEC) No 2309/78 (6), and in                      offers are for delivery cost and freight or relate to a
particular the most favourable purchasing opportuni­                    product put up in bags and, if this is the case, to
ties on the world market which are sufficiently repre­                  adjust such offers by applying the rates or amounts
sentative of the real trend of the market, account                      fixed by the abovementioned Regulation to make the
being taken in particular of the need to prevent                        offers comparable to offers for delivery cif or relating
sudden variations likely to cause abnormal distur­                      to a product presented in bulk ;
bances on the Community market ; whereas the
quality of the goods offered must also be taken into
account, whether this quality corresponds to the                        Whereas the cif price is calculated for Rotterdam on
standard quality fixed in Regulation (EEC) No                           the basis of the abovementioned factors , offers made
 1 423/76 ( 7), or whether adjustments need to be made                  for other ports being adjusted, account being taken of
by applying the corrective amounts provided for in                      the corrections necessitated by the difference in trans­
Commission Regulation (EEC) No 1613/71 of 26 July                       port charges in relation to Rotterdam ;
 1971 laying down detailed rules for fixing cif prices
and levies on rice and broken rice and the corrective
amounts relating thereto ;                                              Whereas, if the conditions provided for Article 1 (3) of
                                                                        Regulation (EEC) No 1613/71 obtain, the cif price
(»)  OJ  No   L 166,  25 . 6.  1976,  p.  1.                            may be calculated on the basis of offers for delivery
(2)  OJ  No  L  156,  14. 6.   1978 , p.  11 .                          during the following month or may be retained unal­
(3)  OJ  No  L  156,  14. 6.   1978,  p.  13.                           tered for a limited period ;
(4)  OJ  No   L 190 , 13 . 7.  1978 , p.  19 .
(5)  OJ  No  L  168 , 27. 7.   1971 , p. 28 .
{b)  OJ  No  L  278 , 3 . 10 . 1978 , p. 25 .                          (8) OJ No 204, 24. 8 . 1967, p . 1 .
(?)  OJ  No  L  166,  25 . 6 . 1976,  p. 20 .                          (») OJ No L 174, 14. 7. 1977, p. 26.
 ---pagebreak--- No L 286/6                               Official Journal of the European Communities                            12 . 10 . 78
Whereas, in order that account may be taken of the                 Whereas, if the levy system is to operate normally,
interests of the African , Caribbean and Pacific States             levies should be calculated on the following basis :
or of the 'overseas countries and territories', the levy           — in the case of currencies which are maintained in
relating to them must, pursuant to Regulation (EEC)
                                                                        relation to each other at any given moment within
No 706/76 ('), as last amended by Regulation (EEC)
                                                                        a band of 2-25 % , a rate of exchange based on
No 1 198 /78 (2), be reduced by a fixed amount and by
                                                                        their effective parity ;
an amount corresponding to 50 % of the levy relating
to third countries ; whereas the levy must be further               — for other currencies, an exchange rate based on the
reduced in the case of semi-milled and wholly milled                    arithmetic mean of the spot market rates of each
rice ; whereas the charging of this levy is subject to                  of these currencies recorded for a given period in
conditions, some of which are set out in Article 9 of                   relation to the Community currencies referred to
Council Regulation (EEC) No 706/76 of 30 March                          in the previous subparagraph ;
1976 ;
                                                                    Whereas it follows from applying all the abovemen­
Whereas Council Regulation (EEC) No 1553/71 of 19                   tioned provisions that the levies should be fixed as
July 1971 (3) altered the definitions given in Annex A              shown in the table annexed to this Regulation ,
to Regulation (EEC) No 1418 /76 and incorporated in
Supplementary Notes 2 and 3E to Chapter 10 of the
Common Customs Tariff ;                                             HAS ADOPTED THIS REGULATION :
Whereas, in accordance with Article 20 ( 1 ) of Regula­
tion (EEC) No 1418 /76, the nomenclature provided                                            Article 1
for in this Regulation is incorporated in the Common
Customs Tariff ;                                                    The import levies to be charged on the products listed
Whereas levies are fixed once a week and are altered                in Article 1 ( 1 ) (a) and (b) of Regulation (EEC) No
in the intervening period to take account of variations              1418 /76 are hereby fixed as shown in the table
in threshold prices or in the factors used to determine             annexed to this Regulation .
cif prices ; whereas, in the case of husked rice, wholly
 milled rice and broken rice, the levies are altered only                                    Article 2
 if variations in the factors used to calculate the levy
entail an increase or a reduction of at least one unit of           This Regulation shall enter into force on 12 October
account per tonne in the amount of the levy in force ;               1978 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 11 October 1978 .
                                                                               For the Commission
                                                                                Finn GUNDELACH
                                                                                   Vice-President
  (>) OJ No L 85, 31 . 3 . 1976, p. 2.
  (2) OJ No L 147, 3 . 6 . 1978 , p. 1 .
  (3) OJ No L 164, 22. 7 . 1971 , p. 5 .
 ---pagebreak--- 12. 10. 78                                Official Journal of the European Communities                                                             No L 286/7
                                                                        ANNEX
           to the Commission Regulation of 11 October 1978 fixing the import levies on rice and
                                                                      broken rice
                                                                                                                                    (u.a. / tonne)
                   CCT
                                                                                                                 Third             ACP or
                  heading                                           Description                                                  OCT (') P) (3)
                    No                                                                                        countries (3)
            10.06                        Rice :
                                         A. Paddy rice ; husked rice :
                                              I. Paddy rice :
                                                  a) Round grain                                                 9301               43-51
                                                  b) Long grain                                                 125.11              59-56
                                             II . Husked rice :
                                                  a) Round grain                                                116.26              55-13
                                                  b) Long grain                                                 156.39              75-20
                                         B. Semi-milled or wholly milled rice :
                                              I. Semi-milled rice :
                                                  a) Round grain                                                140.02              60-11
                                                  b) Long grain                                                 239.41            109-84
                                             II. Wholly milled rice :
                                                  a) Round grain                                                149.12              64.31
                                                  b) Long grain                                                 256-65            118-08
                                         C. Broken rice :                                                        55-17              25-29
           (') Subject to the application of the provisions of Article 9 of Regulation (EEC) No 706/76.
           (2) In accordance with Regulation (EEC) No 706/76, the levies are not applied to imports into the French overseas departments 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.