31987R4042

31 . 12. 87 No L 378/88 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 4042/87 of 30 December 1987 fixing the import levies on rice and broken rice

THE COMMISSION OF THE EUROPEAN COMMUNITIES, on the Community market ; whereas the quality of the goods offered must also be taken into account, whether this quality as fixed in Council Regulation (EEC) No Having regard to the Treaty establishing the European Economic Community, 1423/76 Q, or whether adjustments need to be made by applying the corrective amounts provided for in Regula­ tion (EEC) No 1613/71 ; Having regard to the Act of Accession of Spain and Portugal, Whereas, furthermore, in the case of round grain and long grain husked rice and round grain and long grain wholly Having regard to Council Regulation (EEC) No 1418/76 milled rice, the cif price is calculated on the basis of of 21 June 1976 on the common organization of the market in rice ('), as last amended by Regulation (EEC) quotations or prices on the world market relating, for each type of rice, to the products specified in Article 4 of No 3990/87 (2), and in particular Article 1 1 (2) thereof, Regulation (EEC) No 1613/71 ; whereas, for this calcula­ tion, the conversion rates resulting from Commission Having regard to Commission Regulation (EEC) No Regulation No 467/67/EEC of 21 August 1967 fixing the 883/87 of 23 March 1987 laying down detailed rules for conversion rates, the processing costs and the value of the the application of Council Regulation (EEC) No 3877/86 by-products for the various stages of rice processing (8), as on imports of rice of the long-grain aromatic Basmati last amended by Regulation (EEC) No 2249/85 (9), should variety falling within subheading 1006 10, 1006 20 or be used where appropriate ; 1006 30 of the combined nomenclature ^), and in parti­ cular Article 8 thereof, Whereas, when these conversions are being effected, the. Commission must take account of the fact that certain Having regard to the opinion of the Monetary Committee, offers are for rice containing a higher percentage of broken rice than that allowed for in the standard quality Whereas Article 11 of Regulation (EEC) No 1418/76 fixed by Regulation (EEC) No 1423/76 and, in that case, provides for charging an import levy on paddy rice, must adjust the offers so as to conform with the value of husked rice, semi-milled rice, wholly milled rice and one kilogram of broken rice fixed by Regulation No 467/ broken rice ; whereas in the case of husked rice, wholly 67/EEC ; whereas no adjustment is made, however, if the milled rice and broken rice, the levy is equal to the diffe­ prices for husked rice and semi-milled or wholly milled rence between the threshold price and the cif price ; rice taken into consideration are lower than those whereas, in the case of paddy rice and semi-milled rice, provided for in the last subparagraph of Article 4 of Regu­ the levy should be derived from the levies applicable to lation No 467/67/EEC ; the corresponding husked rice and wholly milled rice ;

Whereas Regulation (EEC) No 1613/71 requires the Whereas the threshold prices for husked rice, wholly Commission to take account of the fact that certain offers milled rice and broken rice were fixed for the 1987/88 are for delivery cost and freight or relate to a product put marketing year by Commission Regulation (EEC) No up in bags and, if this is the case, to adjust such offers by 23:52/87 (4) ; applying the rates or amounts fixed by the abovemen­ tioned Regulation to make the offers comparable to offers Whereas, for the purpose of calculating cif prices, the for delivery cif or relating to a product presented in bulk ; Commission must take account of the factors indicated in Article 16 of Regulation (EEC) No 1418/76 and in Commission Regulation (EEC) No 1613/71 of 26 July Whereas the cif price is calculated for Rotterdam on the basis of the abovementioned factors, offers made for other 1971 laying down detailed rules for fixing cif prices and levies on rice and broken rice and the corrective amounts ports being adjusted, account being taken of the correc­ relating thereto (*), as last amended by Regulation (EEC) tions necessitated by the difference in transport charges in relation to Rotterdam ; No 3817/85 (% and in particular the most favourable purchasing opportunities on the world market which are sufficiently representative of the real trend of the market, Whereas, if the conditions provided for in Article 1 (3) of account being taken in particular of the need to prevent Regulation (EEC) No 1613/71 obtain, the cif price may be sudden variations likely to cause abnormal disturbances calculated on the basis of offers for delivery during the following month or may be retained unaltered for a (') OJ No L 166, 25. 6. 1976, p. 1 . limited period ; (*) OJ No L 377, 31 . 12. 1987. (3) OJ No L 80, 24. 3. 1987, p. 20. f) OJ No L 166, 25. 6. 1976, p. 20. (4) OJ No L 210, 1 . 8. 1987, p. 59. (8) OJ No L 204, 24. 8 . 1967, p. 1 /67. 0 OJ No L 168, 27. 7. 1971 , p. 28 . («) OJ No L 368, 31 . 12. 1985, p. 16. 0 OJ No L 210, 7. 8. 1985, p. 13.

31 . 12 . 87 Official Journal of the European Communities No L 378/89

Whereas, in order that account may be taken of the Whereas levies are fixed once a week and are altered in interests of the African, Caribbean and Pacific States and the intervening period to take account of variations in of the overseas countries and territories, the levy relating threshold prices or in the factors used to determine cif to them must, pursuant to Council Regulation (EEC) No prices ; whereas, in the case of husked rice, wholly milled 48 6/85 ('), as last amended by Regulation (EEC) No rice and broken rice, the levies are altered only if varia­ 1821 /87 (2), be reduced by a fixed amount and by an tions in the factors used to calculate the levy entail an amount corresponding to 50 % of the levy relating to increase or a reduction of at least 1,21 ECU per tonne in third countries ; whereas the levy must be further reduced the amount of the levy in force ; in the case of semi-milled and wholly milled rice ; whereas the charging of this levy is subject to conditions, some of which are set out in Articles 1 0 and 1 1 of Regu­ Whereas Counil Regulation (EEC) No 2658/87 (*) intro­ lation (EEC) No 486/85 and in Commission Regulation duces from 1 January 1988 a new combined nomencla­ (EEC) No 551 /85 (3) ; ture meeting the requirements of both the Common Customs Tariff and the Community's statistics of foreign trade and replacing the present nomenclature ;

Whereas, if the levy system is to operate normally, levies should be calculated on the following basis : Whereas, pursuant to Article 272 of the Act of Accession, the Community as constituted at 31 December 1985 — in the case of currencies which are maintained in rela­ must, in the case of products specified in Article 1 of tion to each other at any given moment within a band Regulation (EEC) No 1418/76 which are imported from of 2,25 % a rate of exchange based on their central Portugal, apply the arrangements which were applicable rate, multiplied by the corrective factor provided for in in respect of Portugal before accession ; whereas, under the last paragraph of Article 3 (1 ) of Council Regula­ Article 4 of Council Regulation (EEC) No 3792/85 of 20 tion (EEC) No 1676/85 Q, as last amended by Regula­ December 1985 laying down the arrangements applying tion (EEC) No 1636/87 (8), to trade in agricultural products between Spain and Portugal (4), the same arrangements are to be applied in — for other currencies, an exchange rate based on the the case of Spain ; whereas a levy should be applied arithmetic mean of the spot market rates of each of pursuant to those arrangements and whereas that levy these currencies recorded for a given period in rela­ should be calculated in accordance with the rules laid tion to the Community currencies referred to in the down in Regulation (EEC) No 1613/71 and taking into previous indent, and the aforesaid coefficient ; account the situation with regard to market prices in Portugal ; and whereas, in the case of imports into Spain the accession compensatory amount applicable to trade Whereas it follows from applying all the abovementioned between Spain and the Community as constituted at 31 provisions that the levies should be fixed as set out in the December 1985 should be deducted from the levy ; Annex hereto,

Whereas Regulation (EEC) No 1423/76 determined the HAS ADOPTED THIS REGULATION : standard qualities for rice and broken rice ;

Article1¶

Whereas Council Regulation (EEC) No 3877/86 (*) The import levies to be charged on the products listed in defined a special arrangement for the importation of Article 1 (1 ) (a) and (b) of Regulation (EEC) No 1418/76 certain quantities of Basmati rice into the Community ; shall be as set out in the Annex hereto. whereas this arrangement provides for a levy of 75 % of that calculated in accordance with Article 11 of Regula­ tion (EEC) No 1418/76 ; whereas however this levy may not be less than the difference between the free-at-frontier Article 2 price for Basmati rice and the threshold price for long­ grain, rice ;

This Regulation shall enter into force on 1 January 1988 . (■) OJ No L 61 , 1 . 3 . 1985, p. 4. (2) OJ No L 172, 30 . 6. 1987, p. 102. (3) OJ No L 63, 2. 3 . 1985, p. 10. (*) OJ No L 256, 7. 9 . 1987, p.l . (4) OJ No L 367, 31 . 12. 1985, p. 7. 0 OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 361 , 20 . 12. 1986, p. 7. (8) OJ No L 153, 13 . 6. 1987, p. 1 .

31 . 12 . 87 No L 378/90 Official Journal of the European Communities

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 30 December 1987. For the Commission Frans ANDRIESSEN Vice-President

ANNEX

to the Commission Regulation of 30 December 1987 fixing the import levies on rice and broken rice (ECU/ tonne)

Third countries ACP or OCT Basmati CN Code Portugal (except ACP or OCT) C)(2)(3) 0 (3)

1006 10 91 322,54 157,67 1006 10 99 307,20 150,00 230,40 1006 20 10 403.17 197,98 1006 20 90 384,00 188,40 288,00 1006 30 11 13,05 529,79 252,97 1006 30 19 12,97 608,18 292,20 456,14 1006 30 91 13,90 564,23 269,76 1006 30 99 13,90 651,97 313,63 488,98 1006 40 00 0,00 184,15 89,07

N.B. The levies are to be converted into national currencies using the specific agricultural conversion rates fixed in Regulation (EEC) No 3294/86. (') Subject to the application of the provisions of Articles 10 and 11 of Regulation (EEC) No 486/85 and of Regula­ tion No 551 /85. (2) In accordance with Regulation (EEC) No 486/85, the levies are not applied to imports into the overseas depart­ ment of Reunion of products originating in the African, Caribbean and Pacific States or in the overseas countries and territories'. (3) The import levy on rice entering the overseas department of Reunion is specified in Article 11a of Regulation (EEC) No 1418/76. (*) This levy is applicable to Basmati rice covered by the arrangement provided for by Council Regulation (EEC) No 3877/86.