31990R0791

No L 85/6 Official Journal of the European Communities 31 . 3 . 90

COMMISSION REGULATION (EEC) No 791/90 of 30 March 1990 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 Having regard to the Treaty establishing the European this quality as fixed in Council Regulation (EEC) No Economic Community, 1423/76 (8), or whether adjustments need to be made by applying the corrective amounts provided for in Regula­ Having regard to the Act of Accession of Spain and tion (EEC) No 1613/71 ; Portugal, Whereas, furthermore, in the case of round grain and long Having regard to Council Regulation (EEC) No 1418/76 grain husked rice and round grain and long grain wholly of 21 June 1976 on the common organization of the milled rice, the cif price is calculated on the basis of market in rice ('), as last amended by Regulation (EEC) quotations or prices on the world market relating, for No 1806/89 (2), and in particular Article 11 (2) thereof, each type of rice, to the products specified in Article 4 of Regulation (EEC) No 1613/71 ; whereas, for this calcula­ Having regard to Commission Regulation (EEC) No tion, the conversion rates resulting from Regulation No 883/87 of 23 March 1987 laying down detailed rules for 467/67/EEC of the Commission of 21 August 1967 fixing the application of Council Regulation (EEC) No 3877/86 the conversion rates, the processing costs and the value of on imports of rice of the long-grain aromatic Basmati the by-products for the various stages of rice proces­ variety falling under CCT No ex 40.06 B I and II (3), as sing (®), as last amended by Regulation (EEC) No 2325/88, amended by Regulation (EEC) No 1546/87 (4), and in should be used where appropriate ; particular Article 8 thereof, ,

Whereas, when these conversions are being effected, the Having regard to the opinion of the Monetary Committee, Commission must take account of the fact that certain offers are for rice containing a higher percentage of Whereas Article 11 of Regulation (EEC) No 1418/76 broken rice than that allowed for in the standard quality provides for charging an import levy on paddy rice, fixed by Regulation (EEC) No 1423/76 and, in that case, husked rice, semi-milled rice, wholly milled rice and must adjust the offers so as to conform with the value of broken rice ; whereas in the case of husked rice, wholly one kilogram of broken rice fixed by Regulation No 467/ milled rice and broken rice, the levy is equal to the diffe­ 67/EEC ; whereas no adjustment is made, however, if the rence between the threshold price and the cif price ; prices for husked rice and semi-milled or wholly milled whereas, in the case of paddy rice and semi-milled rice, rice taken into consideration are lower than those the levy should be derived from the levies applicable to provided for in the last subparagraph of Article 4 of Regu­ the corresponding husked rice and wholly milled rice ; lation No 467/67/EEC ; Whereas the threshold prices for husked rice, wholly milled rice and broken rice were fixed for the 1989/90 Whereas Regulation (EEC) No 1613/71 requires the marketing year by Commission Regulation (EEC) No Commission to take account of the fact that certain offers 2120/89 0 ; are for delivery cost and freight or relate to a product put up in bags and, if this is the case, to adjust such offers by Whereas, for the purpose of calculating cif prices, the applying the rates or amounts fixed by the abovemen­ Commission must take account of the factors indicated in tioned Regulation to make the offers comparable to offers Article 16 of Regulation (EEC) No 1418/76 and in Regu­ for delivery cif or relating to a product presented in bulk ; lation (EEC) No 1613/71 of the Commission of 26 July 1971 laying down detailed rules for fixing cif prices and Whereas the cif price is calculated for Rotterdam on the levies on rice and broken rice and the corrective amounts basis of the abovementioned factors, offers made for other relating thereto (*), as last amended by Regulation (EEC) ports being adjusted, account being taken of the correc­ No 2325/88 (*), and in particular the most favourable tions necessitated by the difference in transport charges in purchasing opportunities on the world market which are relation to Rotterdam ; sufficiently representative of the real trend of the market, account being taken in particular of the need to prevent sudden variations likely to cause abnormal disturbances Whereas, if the conditions provided for in Article 1 (3) of Regulation (EEC) No 1613/71 obtain, the cif price may be calculated on the basis of offers for delivery during the (') OJ No L 166, 25. 6. 1976, p. 1 . (2) OJ No L 177, 24. 6. 1989, p. 1 . following month or may be retained unaltered for a (3) OJ No L 80, 24. 3 . 1987, p. 20. limited period ; (4) OJ No L 144, 4. 6. 1987, p. 10. O OJ No L 203, 15. 7. 1989, p. 17. («) OJ No L 168 , 27. 7. 1971 , p. 28 . (•) OJ No L 166, 25. 6. 1976, p. 20. f) OJ No L 202, 27. 7. 1988, p. 41 . O OJ No 204, 24. 8 . 1967, p. 1 .

31 . 3 . 90 Official Journal of the European Communities No L 85/7

Whereas, in order that account may be taken of the not be less than the difference between the free-at-frontier interests of the African, Caribbean and Pacific States and price for Basmati rice and the threshold price for long­ of the overseas countries and territories, the levy relating grain rice ; to them must be reduced by a fixed amount and by an Whereas levies are fixed once a week and are altered in amount corresponding to 50 % of the levy relating to third countries ; whereas, pursuant to Articles 12 and 13 the intervening period to take account of variations in of Council Regulation (EEC) No 715/90 of 5 March 1990 threshold prices or in the factors used to determine cif on the arrangements applicable to agricultural products prices ; whereas, in the case of husked rice, wholly milled and certain goods resulting from the processing of agri­ rice and broken rice, the levies are altered only if varia­ cultural products originating in the ACP States or in the tions in the factors used to calculate the levy entail an overseas countries and territories (OCT)('), the levy must increase or a reduction of at least ECU 1,21 per tonne in be further reduced in the case of semi-milled and wholly the amount of the levy in force ; milled rice ; 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, — in the case of currencies which are maintained in rela­ the Community as constituted at 31 December 1985 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 (*), as last amended by Regula­ December 1985 laying down the arrangements applying tion (EEC) No 1 636/87 (% to trade in agricultural products between Spain and — for other currencies, an exchange rate based on the Portugal (2), as last amended by Commissions Regulation arithmetic mean of the spot market rates of each of (EEC) No 3296/88 (3), the same arrangements are to be these currencies recorded for a given period in rela­ applied in the case of Spain ; whereas a levy should be tion to the Community currencies referred to in the applied pursuant to those arrangements and whereas that previous indent, and the aforesaid coefficient ; levy should be calculated in accordance with the rules laid down in Regulation (EEC) No 1613/71 and taking into Whereas it follows from applying all the abovementioned account the situation with regard to market prices in provisions that the levies should be fixed as set out in the Portugal ; and whereas, in the case of imports into Spain Annex hereto, the accession compensatory amount applicable to trade between Spain and the Community as constituted at 31 December 1985 should be deducted from the levy ; HAS ADOPTED THIS REGULATION :

Whereas Regulation (EEC) No 1423/76 determined the Article 1 standard qualities for rice and broken rice ; The import levies to be charged on the products listed in Article 1 ( 1 ) (a) and (b) of Regulation (EEC) No 1418/76 Whereas Council Regulation (EEC) No 3877/86 (4) shall be as set out in the Annex hereto. defined a special arrangement for the importation of certain quantities of Basmati rice into the Community ; whereas this arrangement provides for a levy of 75 % of Article 2 that calculated in accordance with Article 11 of Regula­ tion (EEC) No 1418/76 ; whereas however this levy may This Regulation shall enter into force on 1 April 1990.

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

Done at Brussels, 30 March 1990.

For the Commission Ray MAC SHARRY Member of the Commission

(') OJ No L 84, 30. 3 . 1990, p. 85. 0 OJ No L 367, 31 . 12. 1985, p. 7. (3) OJ No L 293, 27. 10. 1988 , p. 7. (*) OJ No L 164, 24. 6. 1985, p. 1 . (4) OJ No L 361 , 20. 12. 1986, p. 1 . O OJ No L 153, 13 . 6. 1987, p. 1 .

No L 85/8 Official Journal of the European Communities 31 . 3 . 90

ANNEX

to the Commission Regulation of 30 March 1990 fixing the import levies on rice and broken rice (ECU / tonne) Arrangement Third countries ACP or OCT CN code Portugal in Regulation (EEC) (except ACP or OCT) No 3877/86 ooo­ 0

1006 10 21 153,05 313,30 1006 10 23 — 225,44 146,69 300,58 1006 10 25 — 225,44 146,69 300,58 1006 10 27 — 225,44 146,69 300,58 1006 10 92 — - — 153,05 313,30 1006 10 94 — 225,44 146,69 300,58 1006 10 96 — 225,44 146,69 300,58 1006 1 0 98 — 225,44 146,69 300,58 1006 20 11 — — 192,21 391,62 1006 20 13 — 281,80 184,26 375,73 1006 20 15 — 281,80 184,26 375,73 1006 20 17 — 281,80 184,26 375,73 1006 20 92 — — 192,21 391,62 1006 20 94 — 281,80 184,26 375,73 1006 20 96 — 281,80 184,26 375,73 1006 20 98 — 281,80 184,26 375,73 1006 30 21 13,05 — 146,95 517,76 1006 30 23 12,97 443,37 283,69 591,16 1006 30 25 12,97 443,37 283,69 591,16 1006 30 27 12,97 443,37 283,69 591,16 1006 30 42 13,05 — 246,95 517,76 1006 30 44 12,97 443,37 283,69 591,16 1006 30 46 12,97 443,37 283,69 591,16 1006 30 48 12,97 443,37 283,69 591,16 1006 30 61 — 13,90 263,36 551,42 1006 30 63 13,90 475,30 304,51 633,73 1006 30 65 13,90 475,30 304,51 633,73 1006 30 67 13,90 475,30 304,51 633,73 1006 30 92 13,90 — 263,36 551,42 1006 30 94 13,90 475,30 304,51 633,73 1006 30 96 13,90 475,30 304,51 633,73 1006 30 98 13,90 475,30 304,51 633,73 1006 40 00 4,91 — 77,70 161,41

(') Subject to the application of the provisions of Articles 12 and 13 of Regulation (EEC) No 715/90. (2) In accordance with Regulation (EEC) No 71 5/90, the levies are not applied to products imported directly into the overseas department 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.