93/127/EEC: Commission Decision of 25 February 1993 introducing safeguard measures in respect of rice originating in the Netherlands Antilles

COMMISSION DECISION of 25 February 1993 introducing safeguard measures in respect of rice originating in the Netherlands Antilles
(93/127/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Decision 91/482/EEC of 25 July 1991 on the association of the overseas countries and territories with the European Economic Community, and in particular Article 109 thereof (1),
Having consulted the Committee set up by Article 1 (2) of Annex IV to that Decision,
Whereas, on 3 November and 1 December 1992 the French and Italian Governments respectively applied to the Commission, pursuant to Article 109 of Decision 91/482/EEC, for safeguard measures to be introduced in respect of imports of rice from the  Netherlands Antilles; whereas the Commission asked the French Government for further information and this was submitted on 15 December 1992;
Whereas the French and Italian Governments have pointed out that increased imports of cheap rice from the Netherlands Antilles over the last few months have caused serious disruption in the Community rice sector and may cripple this sector of the  Community economy;
Whereas the volume of trade between the Netherlands Antilles and the Community in semi-milled Indica rice has been growing apace since March 1992;
Whereas this rice, which is exempted from the levy on import into the Community in accordance with Article 10 (1) of Decision 91/482/EEC, is sold on the Community market at a much lower price than that at which Community rice can be sold given the level  of processing involved; whereas these cheap imports may seriously disrupt the Community market;
Whereas the Community has provided aid per hectare on a temporary basis to encourage Community producers to grow more Indica rice; whereas imports of cheap rice from the Netherlands Antilles may undermine these efforts to diversify production, leading  European producers initially to put enormous quantities into intervention and subsequently to return to growing Japonica rice, of which there is already a surplus;
Whereas the exports from the Netherlands Antilles may jeopardize the measures taken under the Poseidom programme to promote the sale of rice produced in French Guiana to Guadeloupe and Martinique;
Whereas the quantities of rice imported from the Netherlands Antilles account for a large proportion of overall Community imports of Indica rice and are likely to increase still further owing to the region's unrealized potential;
Whereas, on 14 January 1993, the Government of the Netherlands Antilles adopted legislation prohibiting the export of semi-milled rice to the Community below a minimum price equivalent to 120 % of the levy applying to semi-milled rice from third  countries and setting a floor price of US$ 710 per tonne; whereas, according to the authorities of the Netherlands Antilles, the purpose of these measures is to shelter Community producers against the negative effects of further exports of semi-milled  rice from the Netherlands Antilles;
Whereas this objective can be attained only if the price set is applied throughout the Community at all stages of marketing; whereas the measures taken by the Netherlands Antilles apply only to the territory defined by their constitution and cannot  provide such an assurance; whereas Community legislation on imports cannot guarantee that such measures are observed, given their legal nature;
Whereas a floor price of US$ 710 per tonne is less than the necessary minimum if the cost of Community production is taken into account;
Whereas, consequently, the threat of damage to a sector of the Community economy still exists; whereas safeguard measures should therefore be applied to imports into the Community of semi-milled Indica rice from the Netherlands Antilles pursuant to
Article 109
of Decision 91/482/EEC;
Whereas priority should be given to measures which would least disturb the functioning of the association and the Community, in accordance with Article 109 (2) of Decision 91/482/EEC; whereas such measures must, moreover, not exceed the limit of what is  strictly necessary to remedy the difficulties that have arisen;
Whereas a Community system of a price taking into account the intervention price backed up by supervision on the basis of the Community provisions governing release for free circulation and customs value would be the most appropriate way forward;
Whereas, in view of the quantities already supplied during the 1992/93 marketing year, these temporary measures should apply until the end of this marketing year,