CELEX: 31992R0359
Language: en
Date: 1992-02-15 00:00:00
Title: Commission Regulation (EEC) No 359/92 of 14 February 1992 fixing the import levies on rice and broken rice

No L 39/8                                Official Journal of the European Communities                                  15. 2. 92
                                      COMMISSION REGULATION (EEC) No 359/92
                                                       of 14 February 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 f), or whether adjustments need to be made
 Having regard to the Treaty establishing the European              by applying the corrective amounts provided for in Regu­
 Economic Community,                                                lation (EEC) No 1613/71 ;
 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 1806/89 (2), and in particular Article 11 (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 (3), 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 1991 /92
marketing year by Commission                Regulation (EEC)        Whereas Regulation (EEC) No 1613/71 requires the
No 2149/91 (4) ;                                                    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 ^, as last amended by Regulation (EEC)             basis of the abovementioned factors, offers made for other
No 2325/88 (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
0   OJ  No  L 177, 24. 6. 1989, p. 1 .                              limited period ;
0   OJ  No  L 10, 16. 1 . 1992, p. 9.
0   OJ  No  L 200, 23. 7. 1991 , p. 10.
0   OJ  No  L 168, 27. 7. 1971 , p. 28.                             0 OJ No L 166, 25. 6. 1976, p. 20.
(6) OJ  No  L 202, 27. 7. 1988, p. 41 .                             (8) OJ No 204, 24. 8. 1967, p. 1 .
 ---pagebreak---   15. 2. 92                               Official Journal of the European Communities                                No L 39/9
 Whereas, in order that account may be taken of the                 Whereas Council Regulation (EEC) No 3491 /90 Q and
 interests of the African, Caribbean and Pacific States, the        Commission Regulation (EEC) No 862/91 (8) made
 levy relating to them must be reduced by a fixed amount            import arrangements for rice originating in Bangladesh ;
 and by an amount corresponding to 50 % of the levy                 Whereas levies are fixed once a week and are altered in
 relating to third countries ; whereas, pursuant to Articles
 12 and 13 of Council Regulation (EEC) No 715/90 of                 the intervening period to take account of variations in
 5 March 1990 on the arrangements applicable to agricul­            threshold prices or in the factors used to determine cif
 tural products and certain goods resulting from the                prices ; whereas, in the case of husked rice, wholly milled
 processing of agricultural products originating in the ACP         rice and broken rice, the levies are altered only if varia­
States or in the overseas countries and territories (OCT) ('),      tions in the factors used to calculate the levy entail an
as last amended by Regulation (EEC) No 523/91 (2), the              increase or a reduction of at least ECU 1,21 per tonne in
levy must be further reduced in the case of semi-milled             the amount of the levy in force ;
and wholly milled rice ;                                            Whereas, if the levy system is to operate normally, levies
                                                                    should be calculated on the following basis :
Whereas, pursuant to Article 101 (1) of Council Decision            — in the case of currencies which are maintained in rela­
91 /482/EEC of 25 July 1991 on the association of the
overseas countries and territories with the European                     tion to each other at any given moment within a band
Economic Community (3), no levies shall apply on                         of 2,25 % a rate of exchange based on their central
imports of products originating in the overseas countries                rate, multiplied by the corrective factor provided for in
and territories ; whereas, pursuant to Article 101 (4) of the            the last paragraph of Article 3 (1 ) of Council Regula­
abovementioned Decision, a special amount shall be                       tion (EEC) No 1676/85 (9), as last amended by Regula­
charged on imports of certain products originating in the                tion (EEC) No 2205/90 (l0),
overseas countries and territories in order to prevent              — for the other currencies, an exchange rate based on an
products originating from these countries and territories                average of the ecu rates published in the Official
from receiving more favourable treatment than similar                    Journal of the European Communities, C series, over
products imported from Spain or Portugal into the                        a period to be determined, multiplied by the coeffi­
Community as constituted on 31 December 1985 ;                           cient referred to in the preceding indent ;
Whereas on importation into Portugal of products listed             Whereas it follows from applying all the abovementioned
in Annex XXIV to the Act of Accession an additional                 provisions that the levies should be fixed as set out in the
amount is added to the lev]' ; whereas these amounts were           Annex hereto,
set by Commission Regulation (EEC) No 3808/90 (4) ;
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 (*), as
amended by Regulation (EEC) No 3130/91 (6), defined a               The import levies to be charged on the products listed in
special arrangement for the importation of certain quanti­          Article 1 (1 ) (a) and (b) of Regulation (EEC) No 1418/76
ties of Basmati rice into the Community ; whereas this              shall be as set out in the Annex hereto.
arrangement provides for a levy of 75 % of that calculated
in accordance with Article 11 of Regulation (EEC)                                              Article 2
No 1418/76 ; whereas however this levy may not be less
than the difference between the free-at-frontier price for          This Regulation shall enter into force on 17 February
Basmati rice and the threshold price for long-grain rice ;          1992.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 14 February 1992.
                                                                               For the Commission
                                                                                Ray MAC SHARRY
                                                                           Member of the Commission
(') OJ   No L  84, 30. 3. 1990, p. 85.
(2) OJ   No L  58, 5. 3. 1991 , p. 1 .
O   OJ   No L  263, 19. 9. 1991 , p. 1 .                            0 OJ No L 337, 4. 12. 1990, p. 1 .
(4) OJ   No L  366, 29. 12. 1990, p. 1 .                            (°) OJ No L 88, 9. 4. 1991 , p. 7.
O   OJ   No L  361 , 20. 12. 1986, p. 1 .                           0 OJ No L 164, 24. 6. 1985, p. 1 .
¥) OJ No L 297, 29. 10. 1991 , p. 1 .                               (10) OJ No L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- No L 39/10                             Official Journal of the European Communities                                              15. 2. 92
                                                                 ANNEX
            to the Commission Regulation of 14 February 1992 fixing the import levies on rice and
                                                               broken rice
                                                                                                                    (ECU/ tonne)
                                                                               Levies 0
                      CN code                    Arrangement                     ACP                     Third countries
                                             in Regulation (EEC)               00 00                       (except ACP)
                                                 No 3877/86 0                 Bangladesh                        (3)
                     1006 10 21                       —                         154,97                        317,14
                     1006  10 23                    220,47                      143,38                        293,96
                     1006  10 25                    220,47                      143,38                        293,96
                     1006  10 27                    220,47                      143,38                        293,96
                     1006  1092                       —                         154,97                        317,14
                     1006  10 94                    220,47                      143,38                        293,96
                     1006  10 96                    220,47                      143,38                        293,96
                     1006 10 98                     220,47                      143,38                        293,96
                     1006 20 11                       —                         194,61                        396,43
                     1006 20 13                     275,59                      180,12                        367,45
                     1006 20 15                     275,59                      180,12                        367,45
                     1006 20 17                     275,59                      180,12                        367,45
                     1006 20 92                                                 194,61                        396,43
                     1006 20 94                     275,59                      180,12                        367,45
                     1006 20 96                     275,59                      180,12                        367,45
                     1006 20 98                     275,59                      180,12                        367,45
                     1006 30 21                       —                         241,14                        506,14 0
                     1006 30 23                     441,68 0                   282,56                         588,90 0
                     1006 30 25                     441,68 0                   282,56                         588,90 0
                     1006 30 27                     441,68 0                   282,56                         588,90 0
                     1006 30 42                       —                        241,14                         506,14 0
                     1006 30 44                     441,68 0                   282,56                         588,90 0
                     1006 30 46                     441,68 0                   282,56                         588,90 0
                     1006 30 48                     441,68 0                   282,56                         588,90 0
                     1006 30 61                       —                        257,17                         539,04 0
                     1006 30 63                     473,48 0                   303,90                         631,31 0
                     1006 30 65                     473,48 0                   303,30                         631,31 0
                     1006 30 67                     473,48 0                   303,30                         631,31 0
                     1006 30 92                       —                        257,17                         539,04 0
                     1006 30 94                     473,48 0                   303,30                         631,31 0
                     1006 30 96                     473,48 0                   303,30                         631,31 0
                     1006 30 98                     473,48 0                   303,30                         631,31 0
                     1006 40 00                       —                          65,14                        136,28
           (') 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.
           (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
               cables under the arrangements laid down in Regulation (EEC) Nos 3491 /90 and 862/91 .
           O The levy on imports into Portugal is increased by the amount specified in Article 2 (2) of Regulation (EEC) No
               3808/90 .
           (®) 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 .
           P) No import levy applies to OCT originating products according to Article 101 (1 ) of Decision 91 /482/EEC.