CELEX: 31992R3863
Language: en
Date: 1992-12-31 00:00:00
Title: Commission Regulation (EEC) No 3863/92 of 30 December 1992 fixing the import levies on rice and broken rice

31 . 12. 92                                Official Journal of the European Communities                              No L 390/89
                                     COMMISSION REGULATION (EEC) No 3863/92
                                                       of 30 December 1992
                                       fixing the import levies on rice and broken rice
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           this quality as fixed in Council Regulation (EEC)
                                                                      No 1423/76 (7), or whether adjustments need to be made
                                                                      by applying the corrective amounts provided for in Regu­
Having regard to the Treaty establishing the European                 lation (EEC) No 1613/71 ;
Economic Community,
Having regard to the Act of Accession of Spain and                    Whereas, furthermore, in the case of round grain and long
Portugal,                                                             grain husked rice and round grain and long grain wholly
                                                                      milled rice, the cif price is calculated on the basis of
                                                                      quotations or prices on the world market relating, for
Having regard to Council Regulation (EEC) No 1418/76                  each type of rice, to the products specified in Article 4 of
of 21 June 1976 on the common organization of the                     Regulation (EEC) No 1613/71 ; whereas, for this calcula­
market in rice ('), as last amended by Regulation (EEC)               tion, the conversion rates resulting from Commission
No 674/92 (2), and in particular Article 1 1 (2) thereof,             Regulation No 467/67/EEC of 21 August 1967 fixing the
                                                                      conversion rates, the processing costs and the value of the
Having regard to Commission                   Regulation (EEC)        by-products for the various stages of rice processing (8), as
No 81 /92 of 15 January 1992 laying         down detailed rules       last amended by Regulation (EEC) No 2325/88 , should be
for the application of Council                Regulation (EEC)        used where appropriate ;
No 3877/86 on imports of rice of the         long-grain aromatic
Basmati variety ('), and in particular      Article 8 thereof,
                                                                      Whereas, when these conversions are being effected, the
                                                                      Commission must take account of the fact that certain
Whereas Article 11 of Regulation (EEC) No 1418/76                     offers are for rice containing a higher percentage of
provides for charging an import levy on paddy rice,                   broken rice than that allowed for in the standard quality
husked rice, semi-milled rice, wholly milled rice and                 fixed by Regulation (EEC) No 1423/76 and, in that case,
broken rice ; whereas, in the case of husked rice, wholly             must adjust the offers so as to conform with the value of
milled rice and broken rice, the levy is equal to the                 one kilogram of broken rice fixed by Regulation No 467/
difference between the threshold price and the cif price ;            67/EEC ; whereas no adjustment is made, however, if the
whereas, in the case of paddy rice and semi-milled rice,              prices for husked rice and semi-milled or wholly milled
the levy should be derived from the levies applicable to              rice   taken  into   consideration   are  lower  than   those
the corresponding husked rice and wholly milled rice ;                provided for in the last subparagraph of Article 4 of Regu­
                                                                      lation No 467/67/EEC ;
Whereas the threshold prices for husked rice, wholly
milled rice and broken rice were fixed for the 1992/93
marketing year by          Commission         Regulation   (EEC)      Whereas Regulation (EEC) No 1613/71 requires the
 No 1841 /92 0 ;                                                       Commission to take account of the fact that certain offers
                                                                      are for delivery cost and freight or relate to a product put
                                                                      up in bags and, if this is the case, to adjust such offers by
Whereas, for the purpose of calculating cif prices, the               applying the rates or amounts fixed by the abovemen­
Commission must take account of the factors indicated in
                                                                      tioned Regulation to make the offers comparable to offers
Article 16 of Regulation (EEC) No 1418/76 and in                      for delivery cif or relating to a product presented in bulk ;
 Commission Regulation (EEC) No 1613/71 of 26 July
 1971 laying down detailed rules for fixing cif prices and
levies on rice and broken rice and the corrective amounts
                                                                      Whereas the cif price is calculated for Rotterdam on the
relating thereto (5), as last amended by Regulation (EEC)             basis of the abovementioned factors, offers made for other
 No 1614/92 (6), and in particular the most favourable                 ports being adjusted, account being taken of the correc­
purchasing opportunities on the world market which are                tions necessitated by the difference in transport charges in
sufficiently representative of the real trend of the market,          relation to Rotterdam ;
account being taken in particular of the need to prevent
sudden variations likely to cause abnormal disturbances
on the Community market ; whereas the quality of the                  Whereas, if the conditions provided for in Article 1 (3) of
goods offered must also be taken into account, whether                Regulation (EEC) No 1613/71 obtain, the cif price may be
                                                                      calculated on the basis of offers for delivery during the
(') OJ  No  L 166, 25. 6. 1976, p. 1 .                                following month or may be retained unaltered for a
(2) OJ  No  L 73, 19 . 3. 1992, p. 7.                                 limited period ;
0   OJ  No  L 10, 16. 1 . 1992, p. 9 .
(4) OJ  No  L 187, 7. 7. 1992, p. 30.
(5) OJ  No  L 168 , 27. 7. 1971 , p. 28 .                             (7) OJ No L 166, 25. 6. 1976, p. 20 .
(6) OJ  No  L 170 , 25. 6. 1992, p. 15.                               (») OJ No 204, 24. 8 . 1967, p. 1 .
 ---pagebreak--- No L 390/90                             Official Journal of the European Communities                               31 . 12. 92
 whereas, in order that account may be taken of the               in accordance with Article 1 1 of Regulation (EEC)
interests of the African, Caribbean and Pacific States, the       No 1418/76 ; whereas however this levy may not be less
levy relating to them must be reduced by a fixed amount           than the difference between the free-at-frontier price for
and by an amount corresponding to 50 % of the levy                Basmati rice and the threshold price for long-grain rice ;
relating to third countries ; whereas, pursuant to Articles
 12 and 13 of Council Regulation (EEC) No 715/90 of               Whereas Council Regulation (EEC) No 3491 /90 0 and
5 March 1990 on the arrangements applicable to agricul­           Commission Regulation (EEC) No 862/91 (8) made
tural products and certain goods resulting from the               import arrangements for rice originating in Bangladesh ;
processing of agricultural products originating in the ACP        Whereas levies are fixed once a week and are altered in
States or in the overseas countries and territories (OCT) ('),
as amended by Regulation (EEC) No 297/91 (2), the levy            the intervening period to take account of variations in
must be further reduced in the case of semi-milled and            threshold prices or in the factors used to determine cif
wholly milled rice ;                                              prices ; whereas, in the case of husked rice, wholly milled
                                                                  rice and broken rice, the levies are altered only if varia­
                                                                  tions in the factors used to calculate the levy entail an
                                                                  increase or a reduction of at least ECU 1,21 per tonne in
Whereas, pursuant to Article 101 ( 1 ) of Council Decision        the amount of the levy in force ;
91 /482/EEC of 25 July 1991 on the association of the
overseas countries and territories with the European              Whereas the representative market rates defined in
Economic Community (3), no levies shall apply on                  Article 1 of Council Regulation (EEC) No 3813/92 (9) are
imports of products originating in the overseas countries         used to convert amounts expressed in third country
and territories ; whereas, pursuant to Article 101 (4) of the     currencies and are used as the basis for determining the
abovementioned Decision, a special amount shall be                agricultural conversion rates of the Member States' curren­
charged on imports of certain products originating in the         cies ; whereas detailed rules on the application and deter­
overseas countries and territories in order to prevent            mination of these conversions were set by Commission
products originating from these countries and territories         Regulation (EEC) No 3819/92 (10) ;
from receiving more favourable treatment than similar
products imported from Spain or Portugal into the                 Whereas it follows from applying all the abovementioned
Community as constituted on 31 December 1985 ;                    provisions that the levies should be fixed as set out in the
                                                                  Annex hereto,
Whereas on importation into Portugal of products listed
in Annex XXIV to the Act of Accession an additional
                                                                  HAS ADOPTED THIS REGULATION :
amount is added to the levy ; whereas these amounts were
set by Commission Regulation (EEC) No 3808/90 (4) ;
                                                                                              Article 1
Whereas Regulation (EEC) No 1423/76 determined the
standard qualities for rice and broken rice ;                     The import levies to be charged on the products listed in
                                                                  Article 1 ( 1 ) (a) and (b) of Regulation (EEC) No 1418/76
                                                                  shall be as set out in the Annex hereto .
Whereas Council Regulation (EEC) No 3877/86 (s), as
amended by Regulation (EEC) No 31 30/91 (6), defined a
special arrangement for the importation of certain quanti­                                    Article 2
ties of Basmati rice into the Community ; whereas this
arrangement provides for a levy of 75 % of that calculated        This Regulation shall enter into force on 1 January 1993 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 30 December 1992.
                                                                            For the Commission
                                                                             Ray MAC SHARRY
                                                                        Member of the Commission
(') OJ No   L 84, 30. 3. 1990, p. 85.
(J) OJ No   L 36, 8. 2. 1991 , p. 9.
O   OJ No   L 263, 19. 9. 1991 , p. 1 .                           O OJ No L 337, 4. 12. 1990, p. 1 .
(4) OJ No   L 366, 29. 12. 1990, p. 1 .                           (8) OJ No L 88, 9 . 4. 1991 , p. 7.
(Ó OJ No L 361 , 20. 12. 1986, p. 1 .                             O OJ No L 387, 31 . 12. 1992, p. 1 .
(*) OJ No L 297, 29. 10. 1991 , p. 1 .                            H OJ No L 387, 31 . 12. 1992.
 ---pagebreak--- 31 . 12. 92                            Official Journal of the European Communities                                               No L 390/91
                                                                 ANNEX
            to the Commission Regulation of 30 December 1992 fixing the import levies on rice and
                                                                broken rice
                                                                          1                                         (ECU / tonne)
                                                                                Levies (7)
                       CN code                    Arrangement                     ACP                     Third countries
                                              in Regulation (EEC)             Bangladesh                    (except ACP)
                                                 No 3877/86 (6)                C )(2)(J)(4)                      0
                     1006 10 21                        —                         152,23                        311,67
                     1006 10 23                        —                         155,56                        318,32
                     1006 10 25                        —                         155,56                        318,3?
                     1006 10 27                      238,74                      155,56                        318,32
                     1006 10 92                        —                         152,23                        311,67
                     1006 10 94                        —                         155,56                        318,32
                     1006 10 96                        —                         155,56                        318,32
                     1006 10 98                      238,74                      155,56                        318,32
                     1006 20 11                        —                         191,19                        389,59
                      1006 20 13                       —                         195,35                        397,90
                      1006 20 15                       —                         195,35                        397,90
                      1006 20 17                     298,43                      195,35                        397,90
                      1006 20 92                       —                         191,19                        389,59
                      1006 20 94                       —                         195,35                        397,90
                      1006 20 96                       —                         195,35                        397,90
                      1006 20 98                     298,43                      195,35                        397,90
                      1006 30 21                       —                         236,86                        497,58 0
                      1006 30 23                       —                         284,29                        592,35 (*)
                      1006 30 25                       —                         284,29                        592,35 (5)
                      1006 30 27                     444,26 (5)                  284,29                        592,35 (5)
                      1006 30 42                       —                         236,86                        497,58 0
                      1006 30 44                       —                         284,29                        592,35 0
                      1006 30 46     .                 —                         284,29                        592,35 0
                      1006 30 48                     444,26 0                    284,29                        592,35 0
                      1006 30 61                       —                         252,61                        529,93 0
                      1006 30 63                       —                         305,15                        635,00 0
                      1006 30 65                       —                         305,15                        635,00 0
                      1006 30 67                     476,25 0                    305,15                        635,00 0
                      1006 30 92                       —                         252,61                        529,93 0
                      1006 30 94                       —                         305,15                        635,00 0
                      1006 30 96                       —                         305,15                        635,00 0
                      1006 30 98                     476,25 0                    305,15                        635,00 0
                      1006 40 00                       —                          69,94                        145,89
            (') Subject to the application of the provisions of Articles 12 and 13 of Regulation (EEC) No 715/90.
            (2) 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.
            (') 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
                cables under the arrangements laid down in Regulation (EEC) Nos 3491 /90 and 862/91 .
            0 The levy on imports into Portugal is increased by the amount specified in Article 2 (2) of Regulation (EEC) No
                3778/ 91 .
            (6) The levy on imports of rice of the long-grain aromatic Basmati variety is applicable under the arrangements laid
                down in Regulation (EEC) No 3877/86, as amended by Regulation (EEC) No 3130/91 .
            Q No import levy applies to OCT originating products according to Article 101 ( 1 ) of Decision 91 /482/EEC.