31992R3863

31 . 12 . 92 No L 390/89 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 3863/92 of 30 December 1992 fixing the import levies on rice and broken rice

THE COMMISSION OF THE EUROPEAN COMMUNITIES, this quality as fixed in Council Regulation (EEC) No 1423/76 (7), or whether adjustments need to be made by applying the corrective amounts provided for in Regu­ Having regard to the Treaty establishing the European lation (EEC) No 1613/71 ; Economic Community,

Having regard to the Act of Accession of Spain and Whereas, furthermore, in the case of round grain and long Portugal, grain husked rice and round grain and long grain wholly milled rice, the cif price is calculated on the basis of quotations or prices on the world market relating, for Having regard to Council Regulation (EEC) No 1418/76 each type of rice, to the products specified in Article 4 of of 21 June 1976 on the common organization of the Regulation (EEC) No 1613/71 ; whereas, for this calcula­ market in rice ('), as last amended by Regulation (EEC) tion, the conversion rates resulting from Commission No 674/92 (2), and in particular Article 1 1 (2) thereof, Regulation No 467/67/EEC of 21 August 1967 fixing the conversion rates, the processing costs and the value of the Having regard to Commission Regulation (EEC) by-products for the various stages of rice processing (8), as No 81 /92 of 15 January 1992 laying down detailed rules last amended by Regulation (EEC) No 2325/88 , should be for the application of Council Regulation (EEC) used where appropriate ; No 3877/ 86 on imports of rice of the long-grain aromatic Basmati variety ('), and in particular Article 8 thereof, Whereas, when these conversions are being effected, the Commission must take account of the fact that certain Whereas Article 11 of Regulation (EEC) No 1418/76 offers are for rice containing a higher percentage of provides for charging an import levy on paddy rice, broken rice than that allowed for in the standard quality husked rice, semi-milled rice, wholly milled rice and fixed by Regulation (EEC) No 1423/76 and, in that case, broken rice ; whereas, in the case of husked rice, wholly must adjust the offers so as to conform with the value of milled rice and broken rice, the levy is equal to the one kilogram of broken rice fixed by Regulation No 467/ difference between the threshold price and the cif price ; 67/EEC ; whereas no adjustment is made, however, if the whereas, in the case of paddy rice and semi-milled rice, prices for husked rice and semi-milled or wholly milled the levy should be derived from the levies applicable to rice taken into consideration are lower than those the corresponding husked rice and wholly milled rice ; provided for in the last subparagraph of Article 4 of Regu­ lation No 467/67/EEC ; Whereas the threshold prices for husked rice, wholly milled rice and broken rice were fixed for the 1992/93 marketing year by Commission Regulation (EEC) Whereas Regulation (EEC) No 1613/71 requires the Commission to take account of the fact that certain offers No 1841 /92 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 levies on rice and broken rice and the corrective amounts Whereas the cif price is calculated for Rotterdam on the relating thereto (5), as last amended by Regulation ( EEC) basis of the abovementioned factors, offers made for other No 1614/92 (6), and in particular the most favourable ports being adjusted, account being taken of the correc­ purchasing opportunities on the world market which are tions necessitated by the difference in transport charges in sufficiently representative of the real trend of the market, relation to Rotterdam ; account being taken in particular of the need to prevent sudden variations likely to cause abnormal disturbances on the Community market ; whereas the quality of the Whereas, if the conditions provided for in Article 1 (3) of goods offered must also be taken into account, whether 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 . following month or may be retained unaltered for a (2) OJ No L 73, 19 . 3. 1992, p. 7. limited period ; 0 OJ No L 10, 16. 1 . 1992, p. 9 . (4) OJ No L 187, 7. 7. 1992, p. 30 . (5) OJ No L 168 , 27. 7 . 1971 , p. 28 . (7) OJ No L 166, 25. 6. 1976, p. 20 . (6) OJ No L 170 , 25. 6. 1992, p. 15. (») OJ No 204, 24. 8 . 1967, p. 1 .

No L 390/90 Official Journal of the European Communities 31 . 12. 92

whereas, in order that account may be taken of the in accordance with Article 1 1 of Regulation (EEC) interests of the African, Caribbean and Pacific States, the No 1418/76 ; whereas however this levy may not be less levy relating to them must be reduced by a fixed amount than the difference between the free-at-frontier price for and by an amount corresponding to 50 % of the levy Basmati rice and the threshold price for long-grain rice ; relating to third countries ; whereas, pursuant to Articles 12 and 13 of Council Regulation (EEC) No 715/90 of Whereas Council Regulation (EEC) No 3491 /90 0 and 5 March 1990 on the arrangements applicable to agricul­ Commission Regulation (EEC) No 862/91 (8) made tural products and certain goods resulting from the import arrangements for rice originating in Bangladesh ; processing of agricultural products originating in the ACP Whereas levies are fixed once a week and are altered in States or in the overseas countries and territories (OCT) ('), the intervening period to take account of variations in as amended by Regulation (EEC) No 297/91 (2), the levy must be further reduced in the case of semi-milled and threshold prices or in the factors used to determine cif prices ; whereas, in the case of husked rice, wholly milled wholly milled rice ; rice and broken rice, the levies are altered only if varia­ tions in the factors used to calculate the levy entail an increase or a reduction of at least ECU 1,21 per tonne in Whereas, pursuant to Article 101 ( 1 ) of Council Decision the amount of the levy in force ; 91 /482/EEC of 25 July 1991 on the association of the overseas countries and territories with the European Whereas the representative market rates defined in Economic Community (3), no levies shall apply on Article 1 of Council Regulation (EEC) No 3813/92 (9) are imports of products originating in the overseas countries used to convert amounts expressed in third country and territories ; whereas, pursuant to Article 101 (4) of the currencies and are used as the basis for determining the abovementioned Decision, a special amount shall be agricultural conversion rates of the Member States' curren­ charged on imports of certain products originating in the cies ; whereas detailed rules on the application and deter­ overseas countries and territories in order to prevent mination of these conversions were set by Commission products originating from these countries and territories Regulation (EEC) No 3819/92 (10) ; from receiving more favourable treatment than similar Whereas it follows from applying all the abovementioned products imported from Spain or Portugal into the Community as constituted on 31 December 1985 ; provisions that the levies should be fixed as set out in the Annex hereto, Whereas on importation into Portugal of products listed in Annex XXIV to the Act of Accession an additional HAS ADOPTED THIS REGULATION : amount is added to the levy ; whereas these amounts were set by Commission Regulation (EEC) No 3808/90 (4) ; Article 1 Whereas Regulation (EEC) No 1423/76 determined the 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 shall be as set out in the Annex hereto . Whereas Council Regulation (EEC) No 3877/86 (s), as amended by Regulation (EEC) No 31 30/91 (6), defined a special arrangement for the importation of certain quanti­ Article 2 ties of Basmati rice into the Community ; whereas this arrangement provides for a levy of 75 % of that calculated This Regulation shall enter into force on 1 January 1993 .

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

Done at Brussels, 30 December 1992.

For the Commission Ray MAC SHARRY Member of the Commission

(') OJ No L 84, 30. 3 . 1990, p . 85. (J) OJ No L 36, 8 . 2. 1991 , p. 9. O OJ No L 263, 19 . 9. 1991 , p. 1 . O OJ No L 337, 4. 12. 1990, p. 1 . (4) OJ No L 366, 29 . 12. 1990, p . 1 . (8) OJ No L 88 , 9 . 4. 1991 , p. 7. (Ó OJ No L 361 , 20. 12. 1986, p. 1 . O OJ No L 387, 31 . 12. 1992, p. 1 . (*) OJ No L 297, 29. 10. 1991 , p. 1 . H OJ No L 387, 31 . 12. 1992.

31 . 12. 92 No L 390/91 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 30 December 1992 fixing the import levies on rice and broken rice 1 (ECU / tonne)

Levies (7) CN code ACP Third countries Arrangement in Regulation (EEC) Bangladesh (except ACP) No 3877/86 (6) C )(2)(J)(4) 0

1006 10 21 — 152,23 311,67 1006 10 23 — 155,56 318,32 1006 10 25 — 155,56 318,3 ? 1006 10 27 238,74 155,56 318,32 1006 10 92 — 152,23 311,67 1006 10 94 — 155,56 318,32 1006 10 96 — 155,56 318,32 1006 10 98 238,74 155,56 318,32 1006 20 11 — 191,19 389,59 1006 20 13 — 195,35 397,90 1006 20 15 — 195,35 397,90 1006 20 17 298,43 195,35 397,90 1006 20 92 — 191,19 389,59 1006 20 94 — 195,35 397,90 1006 20 96 — 195,35 397,90 1006 20 98 298,43 195,35 397,90 1006 30 21 — 236,86 497,58 0 1006 30 23 — 284,29 592,35 (*) 1006 30 25 — 284,29 592,35 (5) 1006 30 27 444,26 (5) 284,29 592,35 (5) 1006 30 42 — 236,86 497,58 0 1006 30 44 — 284,29 592,35 0 1006 30 46 . — 284,29 592,35 0 1006 30 48 444,26 0 284,29 592,35 0 1006 30 61 — 252,61 529,93 0 1006 30 63 — 305,15 635,00 0 1006 30 65 — 305,15 635,00 0 1006 30 67 476,25 0 305,15 635,00 0 1006 30 92 — 252,61 529,93 0 1006 30 94 — 305,15 635,00 0 1006 30 96 — 305,15 635,00 0 1006 30 98 476,25 0 305,15 635,00 0 1006 40 00 — 69,94 145,89

(') 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 originating in the African, Caribbean and Pacific States and imported directly into the overseas department of Reunion . (') The import levy on rice entering the overseas department of Reunion is specified in Article 11a of Regulation (EEC) No 1418 /76. (4) The levy on imports of rice, not including broken rice (CN code 1006 40 00), originating in Bangladesh is appli­ cables under the arrangements laid down in Regulation (EEC) Nos 3491 /90 and 862/91 . 0 The levy on imports into Portugal is increased by the amount specified in Article 2 (2) of Regulation (EEC) No 3778/ 91 . (6) The levy on imports of rice of the long-grain aromatic Basmati variety is applicable under the arrangements laid down in Regulation (EEC) No 3877/86, as amended by Regulation (EEC) No 3130/91 . Q No import levy applies to OCT originating products according to Article 101 ( 1 ) of Decision 91 /482/ EEC.