CELEX: 31994R2147
Language: en
Date: 1994-08-31 00:00:00
Title: COMMISSION REGULATION (EC) No 2147/94 of 31 August 1994 fixing the import levies on rice and broken rice

1 . 9. 94                                 Official Journal of the European Communities                             No L 228/23
                                        COMMISSION REGULATION (EC) No 2147/94
                                                         of 31 August 1994
                                       fixing the import levies on rice and broken rice
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          by applying the corrective amounts provided for in Regu­
                                                                     lation (EEC) No 1613/71 ;
Having regard to the Treaty establishing the European
Community,
                                                                     Whereas, furthermore, in the case of round grain and long
                                                                     grain husked rice and round grain and long grain wholly
Having regard to Council Regulation (EEC) No 1418/76                 milled rice, the cif price is calculated on the basis of
of 21 June 1976 on the common organization of the                    quotations or prices on the world market relating, for
market in rice ('), as last amended by Regulation (EC) No            each type of rice, to the products specified in Article 4 of
 1869/94 (2), and in particular Article 11 (2) thereof,              Regulation (EEC) No 1613/71 ; whereas, for this calcula­
                                                                     tion, the conversion rates resulting from Commission
                                                                     Regulation No 467/67/EEC of 21 August 1967 fixing the
Having regard to Commission                  Regulation (EEC)
                                                                     conversion rates, the processing costs and the value of the
No 81 /92 of 15 January 1992 laying         down detailed rules
                                                                     by-products for the various stages of rice processing (8), as
for the application of Council               Regulation (EEC)        last amended by Regulation (EEC) No 2325/88 (9), should
No 3877/86 on imports of rice of the        long-grain aromatic
                                                                     be used where appropriate ;
Basmati variety (3), and in particular      Article 8 thereof,
Whereas Article 11 of Regulation (EEC) No 1418/76                    Whereas, when these conversions are being effected, the
provides for charging an import levy on paddy rice,                  Commission must take account of the fact that certain
husked rice, semi-milled rice, wholly milled rice and                offers are for rice containing a higher percentage of
broken rice ; whereas, in the case of husked rice, wholly            broken rice than that allowed for in the standard quality
milled rice and broken rice, the levy is equal to the                fixed by Regulation (EEC) No 1423/76 and, in that case,
difference between the threshold price and the cif price ;           must adjust the offers so as to conform with the value of
whereas, in the case of paddy rice and semi-milled rice,             one kilogram of broken rice fixed by Regulation No 467/
the levy should be derived from the levies applicable to             67/EEC ; whereas no adjustment is made, however, if the
the corresponding husked rice , and wholly milled rice ;             prices for husked rice and semi-milled or wholly milled
                                                                     rice   taken  into   consideration   are  lower than    those
Whereas the threshold prices for husked rice, wholly                 provided for in the last subparagraph of Article 4 of Regu­
milled rice and broken rice were fixed for the 1994/95               lation No 467/ 67/EEC ;
marketing year        by    Commission        Regulation    (EC)
No 2051 /94 (4);
                                                                     Whereas Regulation (EEC) No 1613/71 requires the
                                                                     Commission to take account of the fact that certain offers
Whereas, for the purpose of calculating cif prices, the              are for delivery cost and freight or relate to a product put
Commission must take account of the factors indicated in
                                                                     up in bags and, if this is the case, to adjust such offers by
Article 16 of Regulation (EEC) No 1418/76 and in                     applying the rates or amounts fixed by the abovemen­
Commission Regulation (EEC) No 1613/71 of 26 July                    tioned Regulation to make the offers comparable to offers
1971 laying down detailed rules for fixing cif prices and            for delivery cif or relating to a product presented in bulk ;
levies on rice and broken rice and the corrective amounts
relating thereto (^ as last amended by Regulation (EEC)
No 1614/92 (6), and in particular the most favourable
purchasing opportunities on the world market which are               Whereas the cif price is calculated for Rotterdam on the
                                                                     basis of the abovementioned factors, offers made for other
sufficiently representative of the real trend of the market,
account being taken in particular of the need to prevent             ports being adjusted, account being taken of the correc­
sudden variations likely to cause abnormal disturbances              tions necessitated by the difference in transport charges in
                                                                     relation to Rotterdam :
on the Community market ; whereas the quality of the
goods offered must also be taken into account, whether
this quality as fixed in Council Regulation (EEC)
No 1423/76 P), or whether adjustments need to be made                Whereas, if the conditions provided for in Article 1 (3) of
                                                                     Regulation (EEC) No 1613/71 obtain, the cif price may be
(')  OJ No  L 166, 25. 6. 1976, p. 1 .                               calculated on the basis of offers for delivery during the
(2)  OJ No  L 197, 30. 7. 1994, p. 7.                                following month or may be retained unaltered for a
(3)  OJ No  L 10, 16. 1 . 1992, p. 9 .                               limited period ;
(4)  OJ No  L 210, 13. 8 . 1994, p. 24.
(j OJ No L 168, 27. 7. 1971 , p. 28.
(j OJ No L 170, 25. 6. 1992, p. 15.                                  (8) OJ No L 204, 24. 8. 1967, p. 1 .
0 OJ No L 166, 25. 6. 1976, p. 20.                                   (9) OJ No L 202, 27. 7. 1988, p. 41 .
 ---pagebreak---  No L 228/24                             Official Journal of the European Communities                                  1 . 9 . 94
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, the        the intervening period to take account of variations in
levy relating to them must be reduced by a fixed amount            threshold prices or in the factors used to determine cif
and by an amount corresponding to 50 % of the levy                 prices ; whereas, in the case of husked rice, wholly milled
relating to third countries ; whereas, pursuant to Articles        rice and broken rice, the levies are altered only if varia­
 12 and 13 of Council Regulation (EEC) No 715/90 of                tions in the factors used to calculate the levy entail an
5 March 1990 on the arrangements applicable to agricul­            increase or a reduction of at least ECU 1,21 per tonne in
tural products and certain goods resulting from the                the amount of the levy in force ;
processing of agricultural products originating in the ACP
States or in the overseas countries and territories (OCT) ('),     Whereas the representative market rates defined in
as last amended by Regulation (EC) No 235/94 (2), the              Article 1 of Council Regulation (EEC) No 3813/92 (8), as
levy must be further reduced in the case of semi-milled            amended by Regulation (EC) No 3528/93 (9), are used to
and wholly milled rice ;                                           convert amounts expressed in third country currencies
                                                                   and are used as the basis for determining the agricultural
Whereas, pursuant to Article 101 ( 1 ) of Council Decision         conversion rates of the Member States' currencies ;
91 /482/EEC of 25 July 1991 on the association of the              whereas detailed rules on the application and determina­
overseas countries and territories with the European               tion of these conversions were set by Commission Regu­
Economic Community (3), no levies shall apply on                   lation (EEC) No 1068/93 (10), as amended by Regulation
imports of products originating in the overseas countries          (EC) No 547/94 (");
and territories ;
                                                                   Whereas it follows from applying all the abovementioned
Whereas Regulation (EEC) No 1423/76 determined the                 provisions that the levies should be fixed as set out in the
standard qualities for rice and broken rice ;                      Annex hereto,
Whereas Council Regulation (EEC) No 3877/86 (4), as
amended by Regulation (EEC) No 3130/91 (*), defined a              HAS ADOPTED THIS REGULATION :
special arrangement for the importation of certain quanti­
ties of Basmati rice into the Community ; whereas this                                        Article 1
arrangement provides for a levy of 75 % of that calculated
in accordance with Article 11 of Regulation (EEC)                  The import levies to be charged on the products listed in
No 1418/76 ; whereas however this levy may not be less             Article 1 (1 ) (a) and (b) of Regulation (EEC) No 1418/76
than the difference between the free-at-frontier price for         shall be as set out in the Annex hereto.
Basmati rice and the threshold price for long-grain rice ;
                                                                                              Article 2
Whereas Council Regulation (EEC) No 3491 /90 (6) and
Commission Regulation (EEC) No 862/91 Q made                       This Regulation shall enter into force on 1 September
import arrangements for rice originating in Bangladesh ;           1994.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                   Done at Brussels, 31 August 1994.
                                                                             For the Commission
                                                                               Rene STEICHEN
                                                                         Member of the Commission
(') OJ No  L  84, 30. 3. 1990, p. 85.
(2) OJ No  L  30, 3. 2. 1994, p. 12.
(3) OJ No  L  263, 19. 9. 1991 , p. 1 .
(4) OJ No  L  361 , 20. 12. 1986, p. 1 .                           (8) OJ No L 387, 31 . 12. 1992, p. 1 .
0   OJ No  L  297, 29. 10. 1991 , p. 1 .                           0 OJ No L 320, 22. 12. 1993, p. 32.
(6) OJ No  L  337, 4. 12. 1990, p. 1 .                             H OJ No L 108 , 1 . 5. 1993, p. 106.
0   OJ No  L  88, 9. 4. 1991 , p. 7.                               (") OJ No L 69, 12. 3. 1994, p. 1 .
 ---pagebreak--- 1 . 9. 94                            Official Journal of the European Communities                                               No L 228/25
                                                                ANNEX
          to the Commission Regulation of 31 August 1994 fixing the import levies on rice and
                                                             broken rice
                                                                                                                  (ECU / tonne)
                                                                              Levies (®)
                     CN code                                                    ACP                      Third countries
                                                Arrangement
                                            in Regulation (EEC)              Bangladesh                   (except ACP)
                                               No 3877/86 0                   em on                            0
                    100610 21                        —                         142,53                        292^6
                    1006 10 23                       —                         144,14                        295,49
                    1006 10 25                       —                         144,14                        295,49
                    1006 10 27                     221,62                      144,14                        295,49
                    1006 10 92                       —                         142,53                        292,26
                    1006 10 94                        —                        144,14                        295,49
                    1006 10 96                        —                        144,14                        295,49
                    100610 98                      221,62                      144,14                        295,49
                    1006 20 11                        —                        179,06                        365,33
                    1006 20 13                        —                        181,08                        369,36
                    1006 20 15                        —                        181,08                        369,36
                    1006 20 17                     277,02                      181,08                        369,36
                    1006 20 92                        —                        179,06                        365,33
                    1006 20 94                        —                        181,08                        369,36
                    1006 20 96                        —                        181,08                        369,36
                    1006 20 98                     277,02                      181,08                        369,36
                    1006 30 21                        —                        222,22                        46830
                    1006 30 23                        —                        267,80                        559,37
                    1006 30 25                        —                        267,80                        559,37
                    1006 30 27                      419,53                     267,80                        559,37
                    1006 30 42                        —                        222,22                        468,30
                    1006 30 44                        —                        267,80                        559,37
                    1006 30 46                        —                        267,80                        559,37
                    1006 30 48                      419,53                     267,80                        559,37
                    1006 30 61                        —                        237,02                        498,74
                    1006 30 63                        —                        287,47                         599,65
                    1006 30 65                        —                        287,47                         599,65
                    1006 30 67                      449,74                     287,47                         599,65
                    1006 30 92                        —                        237,02                        498,74
                    1006 30 94                        —                        287,47                         599,65
                     1006 30 96                       —                        287,47                         599,65
                     1006 30 98                     449,74                     287,47                         599,65
                     1006 40 00                       —                          54,02                        114,04
           (') Subject to the application of the provisions of Articles 12 and 13 of Regulation (EEC) No 715/90.
           O In accordance with Regulation (EEC) No 715/90, the levies are not applied to products originating in the
               African, Caribbean and Pacific States and imported directly into the overseas department of Reunion.
           (3) The import levy on rice entering the overseas department of Reunion is specified in Article 11a of Regulation
               (EEC) No 1418/76.
           (4) The levy on imports of rice, not including broken rice (CN code 1006 40 00), originating in Bangladesh is appli­
               cable under the arrangements laid down in Regulations (EEC) No 3491 /90 and (EEC) No 862/91 .
           (®) The levy on imports of rice of the long-grain aromatic Basmati variety is applicable under the arrangements laid
               down in amended Regulation (EEC) No 3877/86.
           (') No import levy applies to products originating in the OCT pursuant to Article 101 ( 1 ) of Decision 91 /482/EEC,
               subject to the provisions of Decision 93/ 127/EEC.