COMMISSION REGULATION  (EC) No 2123/95 of 6 September 1995 temporarily adapting the special arrangements for imports of  rice laid down in Regulations (EEC) No 2942/73, (EEC) No 999/90, (EEC) No 862/91 and (EEC) No 81/92  for the purpose of implementing the Agreement on Agriculture concluded during the Uruguay Round of  multilateral trade negotiations
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3290/94 of 22 December 1994 on the adjustments and  transitional arrangements required in the agriculture sector in order to implement the agreements  concluded during the Uruguay Round of multilateral trade negotiations  (1), and in particular  Article 3 (1) thereof,
Whereas Council Regulation (EEC) No 1250/77 of 17 May 1977 concerning imports of rice from the Arab  Republic of Egypt  (2), Council Regulation (EEC) No 715/90 of 5 March 1990 on the arrangements  applicable to agricultural products and certain goods resulting from the processing of agricultural  products originating in the ACP States or in the overseas countries and territories (OCT)  (3), as  last amended by Regulation (EC) No 2484/94  (4), and Council Regulation (EEC) No 3491/90 of 26  November 1990 on imports of rice originating in Bangladesh  (5) provide for the reduction of the  levy applicable to imports into the Community of rice from certain countries up to certain maximum  quantities provided that the countries concerned levy an export charge;
Whereas Council Regulation (EEC) No 3877/86 of 16 December 1986 on imports of rice of the  long-grain aromatic Basmati variety falling within subheading ex 10.06 B  I and II of the Common  Customs Tariff  (6), as last amended by Regulation (EEC) No 3130/91  (7), provides for a reduction  of 25  % in the levy applicable to imports up to a maximum annual quantity of 10  000 tonnes;
Whereas Commission Regulations (EEC) No 2942/73  (8), as last amended by Regulation (EEC) No 560/91   (9), (EEC) No 999/90  (10), (EEC) No 862/91  (11) and (EEC) No 81/92  (12) lay down detailed rules  for the application of the said special arrangements;
Whereas pursuant to the Agreement on Agriculture concluded during the Uruguay Round of multilateral  trade negotiations, the Community is to replace variable levies by fixed customs duties from 1 July  1995; whereas this could prevent application of the special arrangements; whereas it is therefore  necessary, pending the conclusion of new agreements with the countries in question, to make  transitional adjustments to the abovementioned Commission Regulations while maintaining the  essential parts of the arrangements concerned;
Whereas levies are now replaced by customs duties and the reductions granted to third countries  must be applied to the customs duties applicable from 1 July 1995; whereas, in order not to  prejudice the interests of the exporter countries, it is also necessary to replace the reduction of  the component designed to protect the Community industry by a fixed reduction of the import duty;
Whereas the rates of duty set out in the common customs tariff for imports of husked rice falling  within CN code 1006  20 and milled rice falling within CN code 1006  30 are those applicable on the  date referred to in Article 67 of Council Regulation (EEC) No 2913/92 of 12 October 1992  establishing the Community Customs Code  (13);
Whereas, to ensure the correct application of the arrangements involving the collecting of an  export charge and the arrangements for the import of Basmati rice, the import duty must be fixed in  advance; whereas, therefore, the possibility of fixing the applicable duty on the date of  submission of the import licence application should be maintained;
Whereas the security provided for in Article 10 of Commission Regulation (EC) No 1162/95  (14), as  last amended by Regulation (EC) No 1861/95  (15), to cover imports carried out with advance fixing  should be increased;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Management Committee for Rice,
Regulation (EEC) No 2942/73 is hereby amended as follows:
1.  Article 1 is replaced by the following:
'Article 1 The amount by which the customs duties fixed pursuant to Article 12 (2) of Council Regulation (EEC)  No 1418/76  (*) are to be reduced pursuant to Article 1 of Council Regulation (EEC) No 1250/77   (**) shall be fixed at the latest on the tenth day of the month preceding the quarter in which it  is to apply.
The reference period referred to in the said Article 1 shall be the quarter preceding the month in  which the amount is fixed.
` 2.  In Article 3 (2), the word 'levy` is replaced by the words 'customs duty applicable`.
Regulation (EEC) No 999/90 is hereby amended as follows:
1.  Article 1 is replaced by the following:
'Article 1 The customs duties referred to in Article 12 (1) of Regulation (EEC) No 715/90 shall be calculated  every two weeks by the Commission as follows:
-  the duty applicable to imports of paddy rice falling within CN codes 1006  10  21 to 1006  10   98 shall be equal to the customs duties set out in the Common Customs Tariff less 50  %, less ECU  4,34,
-  the duty applicable to imports of husked rice falling within CN code 1006  20 shall be equal to  the duty fixed pursuant to Article 12 (2) of Regulation (EEC) No 1418/76 less 50  %, less ECU  4,34,
-  the duty applicable to imports of milled rice falling within CN code 1006  30 shall be equal to  the duty fixed pursuant to Article 12 (2) of Regulation (EEC) No 1418/76 less ECU 16,78, less 50   %, less ECU 6,52,
-  the duty applicable to imports of broken rice falling within CN code 1006  40  00 shall be equal  to the duty set out in the Common Customs Tariff less 50  %, less ECU 3,62.` 2.  Article 3 (2) is replaced by the following:
'2.  The licence shall carry an obligation to import from the country of origin indicated. The  import duty shall be that applicable on the date of submission of the licence application. The  amount shall be adjusted on the basis of the difference between the intervention price applicable  during the month of the licence application and that applicable on the date of release into free  circulation, the difference being increased by:
-  80  % in the case of husked Indica rice,
-  163  % in the case of milled Indica rice,
-  88  % in the case of husked Japonica rice,
-  167  % in the case of milled Japonica rice.
The rice referred to in Article 3 of Commission Regulation (EC) No 1573/95  (*) shall be considered  to be Indica and Japonica rice.
` 3.  In Articles 2 (1), (2) and (3) and 3 (1), (3) and (4), the word 'levy` is replaced by the words  'customs duties`.
Regulation (EEC) No 862/91 is hereby amended as follows:
1.  Article 1 is replaced by the following:
'Article 1 The customs duties referred to in Article 1 (1) of Regulation (EEC) No 3491/90 shall be calculated  each week by the Commission as follows:
-  the duty applicable to imports of paddy rice falling within CN code 1006  10, with the exception  of that falling within CN code 1006  10  10, shall be equal to the customs duties set out in the  Common Customs Tariff less 50  %, less ECU 4,34,
-  the duty applicable to imports of husked rice falling within CN code 1006  20 shall be equal to  the duty fixed pursuant to Article 12 (2) of Regulation (EEC) No 1418/76 less 50  %, less ECU  4,34,
-  the duty applicable to imports of milled rice falling within CN code 1006  30 shall be equal to  the duty fixed pursuant to Article 12 (2) of Regulation (EEC) No 1418/76 less ECU 16,78, less 50   %, less ECU 6,52.` 2.  Article 4 (2) is replaced by the following:
'2.  The import licence, issued for a quantity not exceeding that entered on the certificate of  origin referred to in Article 2, shall carry an obligation to import from Bangladesh. The import  duty shall be that applicable on the date of submission of the licence application. The amount  shall be adjusted on the basis of the difference between the intervention price applicable during  the month of the licence application and that applicable on the date of release into free  circulation, the difference being increased by:
-  80  % in the case of husked Indica rice,
-  163  % in the case of milled Indica rice,
-  88  % in the case of husked Japonica rice,
-  167  % in the case of milled Japonica rice.
The rice referred to in Article 3 of Commission Regulation (EC) No 1573/95  (*) shall be considered  to be Indica and Japonica rice.
` 3.  In Article 4 (1), (3) and (4), the word 'levy` is replaced by the words 'customs duties`.
Regulation (EEC) No 81/92 is hereby amended as follows:
1.  Article 4 (1) is replaced by the following:
'1.  The import licence application shall be submitted to the competent authorities of the Member  States and shall include an application for advance fixing of the duty referred to in Article 8  applicable on the day it is submitted.
Notwithstanding Article 10 of Commission Regulation (EEC) No 1162/95  (*), the security shall be  equal to 25  % of the duty applicable to the product concerned on the day of application is  submitted. The amount shall be adjusted on the basis of the difference between the intervention  price applicable during the month of the licence application and that applicable on the date of  release into free circulation, the difference being increased by:
-  80  % in the case of husked Indica rice,
-  163  % in the case of milled Indica rice,
-  88  % in the case of husked Japonica rice,
-  167  % in the case of milled Japonica rice.
The rice referred to in Article 3 of Commission Regulation (EC) No 1573/95  (**) shall be  considered to be Indica and Japonica rice.
` 2.  In the third indent of Article 5 (1) and in Article 5 (3) (a), the word 'levy` is replaced by  the words 'customs duties`.
3.  is replaced by the following:
'Article 8 1.  The customs duties referred to in Article 1 of Regulation (EEC) No 3877/86 for Basmati rice  falling within CN codes ex  1006  10  27, ex  1006  10  98, ex  1006  20  17, ex  1006  20  98, ex   1006  30  27, ex  1006  30  48, ex  1006  30  67 and ex  1006  30  98 shall be fixed by the  Commission for the application periods according to the criteria set out in paragraph 2.
2.  The duty applicable to imports of Basmati rice referred to in paragraph 1 shall be equal to 75   % of the duty fixed pursuant to Article 12 (2) of Regulation (EEC) No 1418/76. The duty shall not  be less, however, than the difference between the free-at-frontier price for Basmati rice and the  intervention price increased by 80  % in the case of husked rice and 163  % in the case of milled  rice.`
Notwithstanding Article 10 of Regulation (EEC) No 1162/92, the security for licences  issued pursuant to Regulations (EEC) No 2942/73, (EEC) No 999/90 and (EEC) No 862/91 shall be ECU  28 per tonne.
This Regulation shall enter into force on the day following its publication in the  Official Journal of the European Communities.
It shall apply from 1 July 1995 to 30 June 1996.
This Regulation shall be binding in its entirety and directly applicable in all  Member States.