Commission Regulation (EC) No 972/2006Show full title

Commission Regulation (EC) No 972/2006

of 29 June 2006

laying down special rules for imports of Basmati rice and a transitional control system for determining their origin

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice(1), and in particular Articles 10(2) and 11b thereof,

Whereas:

(1) Pursuant to the Agreement in the form of an Exchange of Letters between the European Community and India pursuant to Article XXVIII of the GATT 1994 relating to the modification of concessions with respect to rice provided for in EC Schedule CXL annexed to the GATT 1994(2), approved by Council Decision 2004/617/EC(3), the duty applicable to imports of husked rice of certain Basmati varieties is fixed at zero.

(2) Pursuant to the Agreement in the form of an Exchange of Letters between the European Community and Pakistan pursuant to Article XXVIII of the GATT 1994 relating to the modification of concessions with respect to rice provided for in EC Schedule CXL annexed to the GATT 1994(4), approved by Council Decision 2004/618/EC(5), the duty applicable to imports of husked rice of certain Basmati varieties originating in Pakistan is fixed at zero.

(3) Pursuant to Article 2(1) of Decision 2004/617/EC and Article 2(1) of Decision 2004/618/EC, the Commission adopted Regulation (EC) No 1549/2004(6), which, until Regulation (EC) No 1785/2003 was amended, derogated therefrom as regards the arrangements for importing rice and laid down separate transitional rules for imports of Basmati rice. Given that Regulation (EC) No 1785/2003 has been amended to that end, for the sake of clarity, Regulation (EC) No 1549/2004 should be replaced by a new Regulation.

(4) The Agreements approved by Decisions 2004/617/EC and 2004/618/EC provide for the introduction of a Community control system based on DNA analysis at the border and transitional arrangements for imports of Basmati rice pending the entry into force of that control system. Since the definitive control system has not yet been introduced, special transitional rules should be laid down.

(5) To be eligible for zero import duty, Basmati rice must belong to a variety specified in the Agreements. In order to ascertain that Basmati rice imported at a zero rate of duty meets those characteristics, it should be covered by an authenticity certificate drawn up by the competent authorities.

(6) In order to prevent fraud, provision should be made for measures to check the variety of Basmati rice declared. To that end the provisions on sampling laid down in Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(7) should be applied.

(7) The transitional import arrangements for Basmati rice provide for a procedure for consulting the exporting country in the event of a market disturbance and possibly applying the full rate of duty if a satisfactory solution has not been found at the end of the consultations. The point at which the market may be considered to be disturbed should be defined.

(8) To ensure sound administrative management of imports of Basmati rice, special rules, whether additional to or derogating from Commission Regulation (EC) No 1291/2000 of 9 June 2000, laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products(8) and Commission Regulation (EC) No 1342/2003 of 28 July 2003 laying down special detailed rules for the application of the system of import and export licences for cereals and rice(9), should be adopted concerning the lodging of applications, the issue of licences and the use thereof.

(9) So as not to disrupt the continuity of imports of Basmati rice, it should be laid down that authenticity certificates and import licences issued before 1 July 2006 pursuant to Regulation (EC) No 1549/2004 remain valid for their entire period of validity and that the zero rate of duty applies to products imported under those licences.

(10) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,

HAS ADOPTED THIS REGULATION:

(1)

OJ L 270, 21.10.2003, p. 96. Regulation as last amended by Regulation (EC) No 797/2006 (OJ L 144, 31.5.2006, p. 1).

(2)

OJ L 279, 28.8.2004, p. 19.

(3)

OJ L 279, 28.8.2004, p. 17. Decision as amended by Decision 2005/476/EC (OJ L 170, 1.7.2005, p. 67).

(4)

OJ L 279, 28.8.2004, p. 25.

(5)

OJ L 279, 28.8.2004, p. 23. Decision as amended by Decision 2005/476/EC.

(6)

OJ L 280, 31.8.2004, p. 13. Regulation as last amended by Commission Regulation (EC) No 2152/2005 (OJ L 342, 24.12.2005, p. 30).

(7)

OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 402/2006 (OJ L 70, 9.3.2006, p. 35).

(8)

OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 410/2006 (OJ L 71, 10.3.2006, p. 7).

(9)

OJ L 189, 29.7.2003, p. 12. Regulation as last amended by Regulation (EC) No 830/2006 (OJ L 150, 3.6.2006, p. 3).