1.7.2005 EN Official Journal of the European Union L 170/26
COMMISSION REGULATION No 1006/2005
of 30 June 2005
amending Regulation (EC) No 1549/2004 derogating from Council Regulation (EC) No 1785/2003 as regards the arrangements for importing rice and laying down separate transitional rules for imports of basmati rice
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice (1), and in particular Articles 10(2) and 11(4) thereof,
Having regard to Council Decision 2005/476/EC of 21 June 2005 on the conclusion of an Agreement in the form of an exchange of letters between the European Community and the United States of America relating to the method of calculation of applied duties for husked rice (2), and in particular Article 2 thereof,
Whereas:
(1) Decision 2005/476/EC lays down special procedures for calculating the customs duties applying to Community imports of husked rice falling within CN code 1006 20 between 1 March 2005 and 30 June 2006. The necessary measures should therefore be taken as regards the customs duties applicable to imports of husked rice falling within CN code 1006 20 for the transitional period in question.
(2) Decision 2005/476/EC also extends to 30 June 2006 the maximum period in which the Commission, pending the Regulation amending Article 11(2) of Regulation (EC) No 1785/2003, can adopt the measures on rice import arrangements by way of a derogation from Regulation (EC) No 1785/2003.
(3) To prevent the arrangements laid down in Decision 2005/476/EC from being disrupted by improper import licence applications, the security for husked rice import licences should be set at a sufficiently high level. To this end a derogation should be made to Article 12(a) of Commission Regulation (EC) No 1342/2003 of 28 July 2003 laying down special detailed rules for the application of the system of import and export licences for cereals and rice (3).
(4) As the Agreement approved by Decision 2005/476/EC applies from 1 March 2005, application of this Regulation as regards the customs duties applicable to husked rice imports and the amendments that result from it as regards wholly milled rice and basmati rice should apply from that same date.
(5) Commission Regulation (EC) No 1549/2004 (4) should therefore be amended..
(6) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
Regulation (EC) No 1549/2004 is hereby amended as follows:
(a) Article 1 is replaced by the following:
(a) at EUR 30 per tonne in the following cases:
— where it is noted that the imports of husked rice made over the course of the marketing year just ended did not reach the annual reference quantity referred to in the first subparagraph of paragraph 3, less 15 %,
— where it is noted that the imports of husked rice made over the course of the first six months of the marketing year do not reach the partial reference quantity referred to in the second subparagraph of paragraph 3, less 15 %,
(b) at EUR 42.5 per tonne in the following cases:
— where it is noted that the imports of husked rice made over the course of the marketing year just ended exceed the annual reference quantity referred to in the first subparagraph of paragraph 3, less 15 %, but do not exceed that same annual reference quantity plus 15 %,
— where it is noted that the imports of husked rice made in the first six months of the marketing year exceed the partial reference quantity referred to in the second subparagraph of paragraph 3, less 15 %, but do not exceed that same partial reference quantity plus 15 %,
(c) at EUR 65 per tonne in the following cases:
— where it is noted that the imports of husked rice made over the course of the marketing year just ended exceed the annual reference quantity referred to in the first subparagraph of paragraph 3, plus 15 %,
— where it is noted that the imports of husked rice made over the course of the first six months of the marketing year exceed the partial reference quantity referred to in the second subparagraph of paragraph 3, plus 15 %.
(b) the following Article 1a is added:
(c) the following Article 1b is inserted:
(d) the following Article 1c is inserted:
(e) the second paragraph of Article 9 is deleted;
(f) in Article 10 ‘the import duties referred to in Article 1(1) of this Regulation’ is replaced by ‘the import duties for husked rice established in accordance with Article 1 of this Regulation or, as appropriate, the import duty for wholly milled rice referred to in Article 1b,’;
(g) in Article 11, ‘30 June 2005’ is replaced by ‘30 June 2006’;
(h) in Annex I, the title is replaced by:
The first fixing of duties under Article 1(a) shall be made within three days of the publication of this Regulation.
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
(a), (c), (d), (f), and (h) shall apply from 1 March 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.