31990R3846

No L 367/ 16 Official Journal of the European Communities 29 . 12. 90

COMMISSION REGULATION (EEC) No 3846/90 .of 28 December 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 0, 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 Commission 883/87 of 23 March 1987 laying down detailed rules for Regulation No 467/67/EEC of 21 August 1967 fixing the the application of Council Regulation (EEC) No 3877/86 conversion rates, the processing costs and the value of the on imports of rice of the long-grain aromatic Basmati by-products for the various stages of rice processing (9), as variety falling within CN codes 1006 10, 1006 20 and last amended by Regulation (EEC) No 2325/88, should be 1006 30 (3), as amended by Regulation (EEC) No used where appropriate ; 1 546/87 (4), and in 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 1990/91 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 2104/90 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 for delivery cif or relating to a product presented in bulk ; Commission Regulation (EEC) No 1613/71 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 0, as last amended by Regulation (EEC) ports being adjusted, account being taken of the correc­ No 2325/88 Q, 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 (') OJ No L 166, 25. 6. 1976, p. 1 . calculated on the basis of offers for delivery during the (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. 0 OJ No L 191 , 24. 7. 1990, p. 21 . («) OJ No L 168, 27. 7. 1971 , p. 28 . (») OJ No L 166, 25. 6. 1976, p. 20. 0 OJ No L 202, 27. 7. 1988, p. 41 . 0 OJ No 204, 24. 8. 1967, p. 1 .

29 . 12. 90 No L 367/ 17 Official Journal of the European Communities

Whereas, in order that account may be taken of the prices ; whereas, in the case of husked rice, wholly milled interests of the African, Caribbean and Pacific States and rice and broken rice, the levies are altered only if varia­ of the overseas countries and territories, the levy relating tions in the factors used to calculate the levy entail an to them must be reduced by a fixed amount and by an increase or a reduction of at least ECU 1,21 per tonne in amount corresponding to 50 % of the levy relating to the amount of the levy in force ; third countries ; whereas, pursuant to Articles 12 and 13 Whereas, if the levy system is to operate normally, levies of Council Regulation (EEC) No 715/90 of 5 March 1990 should be calculated on the following basis : on the arrangements applicable to agricultural products and certain goods resulting from the processing of agri­ — in the case of currencies which are maintained in rela­ cultural products originating in the ACP States or in the tion to each other at any given moment within a band overseas countries and territories (OCT) ('), the levy must of 2,25 % a rate of exchange based on their central be further reduced in the case of semi-milled and wholly rate, multiplied by the corrective factor provided for in milled rice ; the last paragraph of Article 3 ( 1 ) of Council Regula­ tion (EEC) No 1676/85 0, as last amended by Regula­ Whereas on importation into Portugal of products listed tion (EEC) No 2205/90 (*), in Annex XXIV to the Act of Accession an additional amount is added to the levy ; whereas these amounts were — for the other currencies, an exchange rate based on an average of the ecu rates published in the Official set by Commission Regulation (EEC) No 3808/90 (2) ; Journal of the European Communities, C series, over Whereas Regulation (EEC) No 1423/76 determined the a period to be determined, multiplied by the coeffi­ standard qualities for rice and broken rice ; cient referred to in the preceding indent ;

Whereas Council Regulation (EEC) No 3877/86 (3) Whereas it follows from applying all the abovementioned defined a special arrangement for the importation of provisions that the levies should be fixed as set out in the certain quantities of Basmati rice into the Community ; Annex hereto, whereas this arrangement provides for a levy of 75 % of that calculated in accordance with Article 11 of Regula­ HAS ADOPTED THIS REGULATION : tion (EEC) No 1418/76 ; whereas however this levy may not be less than the difference between the free-at-frontier Article 1 price for Basmati rice and the threshold price for long­ grain rice ; The import levies to be charged on the products listed in Whereas Council Regulation (EEC) No 3491 /90 (4) made Article 1 ( 1 ) (a) and (b) of Regulation (EEC) No 1418/76 import arrangements for rice originating in Bangladesh ; shall be as set out in the Annex hereto.

Whereas levies are fixed once a week and are altered in Article 2 the intervening period to take account of variations in threshold prices or in the factors used to determine cif This Regulation shall enter into force on 1 January 1991 .

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

Done at Brussels, 28 December 1990 .

For the Commission Ray MAC SHARRY Member of the Commission

(') OJ No L 84, 30. 3 . 1990, p. 85. (2) OJ No L 366, 29. 12. 1990, p. 1 . (3) OJ No L 361 , 20. 12. 1986, p. 1 . 0 OJ No L 164, 24. 6. 1985, p. 1 . {") OJ No L 337, 4. 12. 1990, p. 1 . (*) OJ No L 201 , 31 . 7. 1990, p. 9.

No L 367/ 18 Official Journal of the European Communities 29 . 12. 90

ANNEX

to the Commission Regulation of 28 December 1990 fixing the import levies on rice and broken rice

(ECU/ tonne)

Arrangement Third countries CN code ACP or OCT in Regulation (EEC) (except ACP or OCT) No 3877/86 OOP) (3)(4)

1006 10 21 156,93 321,07 1006 10 23 242,45 158,03 323,26 1006 10 25 242,45 158,03 323,26 1006 10 27 242,45 158,03 323,26 1006 10 92 — 156,93 321,07 1006 10 94 242,45 158,03 323,26 1006 10 96 242,45 158,03 323,26 1006 10 98 242,45 158,03 323,26 1006 20 11 — 197,07 401,34 1006 20 13 303,06 198,44 404,08 1006 20 15 303,06 198,44 404,08 1006 20 17 303,06 198,44 404,08 1006 20 92 — 197,07 401,34 1006 20 94 303,06 198,44 404,08 1006 20 96 303,06 198,44 404,08 1006 20 98 303,06 198,44 404,08 1006 30 21 — 244,46 512,78 (0 1006 30 23 452,64(0 289,87 603,52 (0 1006 30 25 452,64 0 289,87 603,52 (0 1006 30 27 452,64 0 289,87 603,52 (0 1006 30 42 — 244,46 512,78 (0 1006 30 44 452,64 0 289,87 603,52 (0 1006 30 46 452,64(0 289,87 603,52 (0 1006 30 48 452,64 O 289,87 603,52 (0 1006 30 61 — 260,70 546,11 (0 1006 30 63 ' 485,24(0 311,14 646,98 (0 1006 30 65 485,24 (0 311,14 646,98 (0 1006 30 67 485,24 (0 311,14 646,98 (0 1006 30 92 — 260,70 546,11 (0 1006 30 94 485,24(0 311,14 646,98 (0 1006 30 96 485,24 (0 311,14 646,98 (0 1006 30 98 485,24 (0 311,14 646,98(0 1006 40 00 85,23 176,46

(') 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 715/90, 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. (4) The import levy on rice originating in Bangladesh is specified in Regulation (EEC) No 3491 /90. (0 On importation into Portugal the levy is increased by the amount specified in Article 2 (2) of Regulation (EEC) No 3808/90 .