Commission Regulation (EC) No 21/97 of 8 January 1997 introducing safeguard measures in respect of imports of rice originating in the overseas countries and territories

COMMISSION REGULATION (EC) No 21/97 of 8 January 1997 introducing safeguard measures in respect of imports of rice originating in the overseas countries and territories
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European 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 (1), and in particular Article 109 thereof,
Having consulted the Committee set up by Article 1 (2) of Annex IV to that Decision,
Whereas on 29 November and 10 December 1996 the Italian and Spanish 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 overseas countries and territories (OCTs);
Whereas the Italian and Spanish Governments have pointed out that increased imports of cheap rice from the OCTs have caused serious disruption in the Community rice sector and may cripple this sector of the Community economy;
Whereas on 4 December 1996 the Commission decided that safeguard measures should be introduced;
Whereas this rice, which is exempt from the levy on import into the Community in accordance with Article 101 (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 the combined effect of the quantities and low prices of those imports is causing a disturbance on the Community market in rice, which has experienced a normal harvest of Indica rice in 1996/97 after two years of drought;
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 OCTs may undermine these attempts to diversify production, leading European producers initially to put enormous quantities into intervention and subsequently to return to growing Japonica rice, for which there is already a surplus;
Whereas the quantities of rice imported from the OCTs are likely to increase still further owing to the region's unrealized potential;
Whereas, consequently, the threat of damage to a sector of the Community economy exists; whereas safeguard measures should therefore, as noted by the Commission in its Decision of 4 December 1996, be applied to imports into the Community of rice from the OCTs 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, be limited to what is strictly necessary to remedy the difficulties that have arisen;
Whereas the introduction of a tariff quota would guarantee OCT rice access to the Community market within the limits compatible with the stability of that market while preserving the greatest possible degree of preferential treatment for that product consistent with the objectives of Decision 91/482/EEC;
Whereas the quota should be opened for a period sufficient to monitor trends on the Community market and long enough to be compatible with the stability and predictability of trade; whereas a period of four months from 1 January 1997 would meet those requirements; whereas prior to the end of that period there should be an evaluations of the situation to determine whether the measures need to be extended or adjusted;
Whereas the quota should be opened for a quantity of 42 650 tonnes of husked rice equivalent originating in the OCTs, corresponding to the quantities imported over the last four years for which statistics are available; whereas, in accordance with Article 110 of Decision 91/482/EEC, particular attention should be paid to the interests of the least-developed OCTs listed in Article 230 of that Decision; whereas, for those territories, reference should therefore be made to the period during which imports took place for which statistics are actually available, namely the first four months of 1995;
Whereas the total available quantities should be allocated among the interested importers and speculation should be prevented; whereas the number of licence applications made daily by each importer for each origin should be restricted and measures should be adopted to facilitate the transition between the current arrangements and the arrangements introduced by this Regulation; whereas the transitional measures can apply from 4 January since importers were informed on that date by a notice published in Official Journal No L 2 of 4 January 1997;
Whereas, with a view to guaranteeing proper administration of the measures, special rules should be laid down regarding the submission of applications and the issuing of licences; whereas those rules will either supplement or derogate from the provisions of Commission Regulation (EEC) No 3719/88 (2), as last amended by Regulation (EC) No 2402/96 (3); whereas this Regulation should enter into force on the day of its publication so as to prevent speculation,