31967R0359

Official Journal of the European Communities 193

31.7.67 OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES No 174/ 1

REGULATION No 359/67/EEC OF THE COUNCIL

of 25 July 1967 on the common organisation of the market in rice

THE COUNCIL OF THE EUROPEAN COMMUNITIES , transitional period; whereas the connection between the markets in cereals and rice in certain aspects of Having regard to the Treaty establishing the production and utilisation makes it opportune that, European Economic Community, and in particular the introduction of a single price system for cereals Articles 42 and 43 thereof; within the Community from the 1967/68 marketing ■ year should be followed by the establishment of a Having regard to the proposal from the Commission : single price system for rice for the same marketing year ; Having regard to the Opinion of the European Parliament1 ; Whereas, owing to the price mechanisms brought into being by Regulation No 16/64/EEC, the creation Whereas the operation and development of the of a single market in rice for the whole Community common market in agricultural products must be does not depend solely on the removal of all accompanied by the establishment of a common obstacles to the free movement of goods within the agricultural policy to include in particular a common Community and on the establishment of identical organisation of agricultural markets which may take protection at its external frontiers, but also on the various forms depending on the product; adoption of a system comprising : a target price for husked rice valid for the whole Community ; a single Whereas Regulation No 16/641EEC2 provided that threshold price for husked rice, a single threshold the common organisation of the market in rice price for milled rice and a single threshold price for should be established progressively from 1964 ; broken rice, such prices to be fixed in such a way whereas the main features of the market organisation that, on the market of the marketing centre of the thus established are, for producer Member States, the area with the greatest deficit in the Community, the annual fixing of target prices, published before the selling price of the imported product is equal to the winter sowing so as to allow producers to make their target price; related levies in respect of third countries, crop plans, and the fixing, on the basis of the target which are the same for the whole Community ; and price, of an intervention price at which the intervention prices fixed on the basis of target prices ; competent agencies are obliged to buy in the paddy whereas , therefore, the necessary adjustments should rice which is offered to them, and of a threshold price be made to the system provided in Regulation No to which the price of imported products must be 16/64/EEC ; equated by means of a variable levy; whereas for non-producer Member States its main feature is the Whereas the aim of the common agricultural policy is annual fixing of a common threshold price to be to attain the objectives set out in Article 39 of the determined for the first year on the basis of the price Treaty; whereas in the rice sector, in order to recorded on the world market and to which the price stabilise markets and to ensure a fair standard of of the imported products must be equated by means living for the agricultural community concerned, of a variable levy; intervention agencies should continue to take by intervention measures on the market, such measures Whereas a progressive approximation of target prices however to be standardised so as not to impede the and a progressive approximation of threshold prices free movement of rice within the Community; were provided for in Article 20 ( 1 ) of Regulation No 16/64/EEC so that a single target price and a single threshold price might be attained by the end of the Whereas free movement within the Community should enable surpluses in production areas to be offset against requirements in deficit areas ; whereas, 1 OJ No 156, 15.7.1967, p. 32. so as not to impede such offsetting, intervention 2 OJ No 34, 27.2.1964, p . 574/64. prices should be fixed in such a way that the

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differences between them reflect the disparities which, question; whereas, moreover, as regards semi-milled given a normal harvest, arise under natural and milled rice and the products processed from rice conditions of price formation on the market, and that which are covered by this Regulation, account should the forces of supply and demand may have free play ; be taken, when calculating the levy, of the need to ensure a measure of protection for the Community Whereas the smooth adjustment of the market to the processing industry ; regionalisation of prices requires intervention agencies to be able, in special circumstances, to take Whereas , in addition to the system described above, intervention measures suited to those circumstances ; and to the extent necessary for its proper working, whereas, however, so that the required uniformity of provision should be made for regulating or, when the intervention systems may be maintained, those special situation on the market so requires, prohibiting the circumstances should be assessed and the appropriate use of 'inward processing arrangements'; whereas, measures determined at Community level ; moreover, the refund should be fixed in such a way that operations under inward processing arrangements do not lead the Community processing Whereas the target price, intervention prices and industry to use, with a view to export, basic products threshold prices should, in the course of the imported from third countries in preference to marketing year, be subject to a certain number of « Community basic products; whereas the creation of a monthly increases in order to take account, among single market in rice necessitates Community control other things, of storage costs and interest charges for of the inward processing trade ; storing rice in the Community and of the need to ensure that the disposal of stocks conforms to market Whereas the competent authorities must be in a requirements ; position constantly to follow trade movements in order to assess market trends and to apply the Whereas, because of the special situation of the measures laid down in this Regulation as necessary ; market in starches and, in particular, the need for whereas, to that end, provision should be made for that industry to keep prices competitive with those the issue of import and export licences accompanied for substitute products, it is necessary to ensure by by the lodging of a deposit guaranteeing that the means of a production refund, that the broken rice transactions for which such licences are requested are used by the industry is made available to it at a effected ; lower price than the one which would result from applying the system of levies and common prices ; Whereas the levy system makes it possible to dispense whereas because of the special situation of the market with all other protective measures at the external in quellmehl it is necessary to provide for similar frontiers of the Community ; whereas, however,' the measures for broken rice used in manufacturing that common price and levy machinery may in product; exceptional circumstances prove defective; whereas, in such cases, so as not to leave the Community Whereas the creation of a single Community market market without defence against disturbances which for rice involves, apart from a single price system , the may arise therefrom after the import barriers which introduction of a single trading system at the external existed previously have been ' removed, the frontiers of the Community ; whereas a trading Community should be enabled to take all necessary system including levies and export refunds, combined measures without delay ; with intervention measures , also serves to stabilise the Community market, in particular by preventing Whereas the establishment of a single market in rice price fluctuations on the world market from affecting involves the removal at the internal frontiers of the prices ruling within the Community ; whereas , Community of all obstacles to the free movement of therefore, provision should be made for charging a the goods in question ; levy on imports from third countries and for the payment of a refund on exports to these countries, Whereas the establishment of a single market based both being designed to cover the difference between on a common price system would be jeopardised by prices ruling outside and within the Community ; the granting of certain aids ; whereas, therefore, the provisions of the Treaty which allow the assessment Whereas the calculation . of that levy and of that of aids granted by Member States and the prohibition refund can be made on the basis of the- respective of those which are incompatible with the common prices of the most representative products in the rice market should be made to apply to rice ; sector, namely husked rice, milled rice and broken rice; whereas the calculation of the levy and the Whereas the transition from the system provided in refund applicable to rice offered at other stages of Regulation No 16/64/EEC to that established by this processing can be made on the basis of the levy and Regulation should be effected as smoothly as the refund applicable to whichever of those three possible; whereas, to that end, certain transitional products is nearest to the stage of the rice in measures may prove necessary ;

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Whereas the common organisation of the market in 4. The price mentioned in this Article and -the rice must take appropriate account, at the same time, standard quality for which it is fixed shall be of the objectives set out in Articles 39 and 110 of the determined in accordance with the procedure laid Treaty ; down in Article 43 (2) of the Treaty .

"Whereas, in order to facilitate implementation of the Article 3 proposed measures, a procedure should be provided for establishing close co-operation between Member States and the Commission within the Management The marketing year for all the products listed in Committee for Cereals ; Article 1 shall begin on 1 September and end on 31 August of the following year.

HAS ADOPTED THIS REGULATION : Article 4 Article 1 1 . In order to guarantee to producers that the 1 . The common organisation of the market in rice market price does not fall below a minimum level, shall comprise a price and trading system and cover intervention prices for paddy rice shall be fixed for the following products : the Community .

CCT heading Description of goods 2 . These prices shall be fixed for round-grained No paddy rice of a standard quality determined on the basis of the variety chosen for determining the ( a) ex 10.06 A Rice in the husk (paddy or rough rice) standard quality for which the target price for husked rice is fixed, at the same stage and under the same ex 10.06 A Husked rice (cargo or brown rice) conditions . 10.06 B Milled rice, whether or not pol­ ished or glazed 3 . Intervention prices for Aries and Vercelli shall be determined as follows : (b ) 10.06 C Broken rice — by calculating the derived target price for husked rice for Aries and Vercelli, respectively; (c) 11.01 D Rice flour ex 11.02 A III (b) Rice groats and meal, rolled or — by converting that price into a price for paddy flaked rice rice on the basis of the conversion rates , 11.08 AIII Rice starch manufacturing costs and the value of by-products ; — by reducing the result thus obtained by 4% . 2 . For purposes of this Regulation, paddy rice, husked rice, semi-milled rice, milled rice, The price derivation mentioned in the first indent round-grained rice and broken rice are the products above shall be calculated in such a way that the defined in Annex A. differences between the intervention prices as also between them and the target price correspond to the price disparities to be expected in a normal harvest TITLE I under natural conditions of price formation on the market and allow the free movement of rice within Prices the Community in accordance with the requirements of the market . Article 2 For other large marketing centres in areas of surplus 1 . Before 1 August of each year, a target price for production within the Community, the following husked rice shall be fixed for the Community for the prices shall apply : marketing year beginning during the following — the intervention price for Aries to centres in calendar year. France ; 2. This price shall be fixed for round-grained rice — the intervention price for Vercelli to centres in of a standard quality. Italy. 3 . This price shall be fixed for Duisburg at the wholesale stage, goods in bulk, delivered to 4. The Council, acting in accordance with the warehouse, not unloaded. voting procedure laid down in Article 43 (2) of the

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Treaty on a proposal from the Commission , shall fix 5 . Detailed rules for the application of this Article the intervention prices for Aries and Vercelli each shall be adopted in accordance with the procedure year, before 1 May, for the following rice marketing laid down in Article 26, in particular as regards : year . — the minimum quality and quantity required for intervention ; 5 . Rules for the determination of large marketing centres for areas of surplus production other than — the corrective amounts applicable to intervention ; Aries and Vercelli, and the standard quality to which — the price increases and reductions applicable to the intervention prices relate, shall be adopted in intervention ; accordance with the procedure referred to in paragraph 4. — the procedures and conditions for taking over by the intervention agencies ; 6. The marketing centres mentioned in the third — the procedures and conditions for disposal by subparagraph of paragraph 3 shall, after consultation intervention agencies . with the Member States concerned, be determined before 1 July of each year for the following marketing year, in accordance with the procedure Article 6 laid down in Article 26 . The Council, acting in accordance with the voting procedure laid down in Article 43 (2) of the Treaty Article 5 on a proposal from the Commission, shall determine the conditions under which intervention agencies may take special intervention measures to prevent, in 1 . Throughout the marketing year the intervention certain areas of the Community, substantial buying in agencies designated by Member States shall be of paddy rice in pursuance of Article 5 ( 1 ). obliged to buy in paddy rice harvested in the Community which is offered to them, provided the offers comply with conditions, in particular in respect The nature and scope of such intervention measures of quality and quantity, to be determined in shall be determined in accordance with the procedure laid down in Article 26 . accordance with paragraph 5 .

Before the expiry of the first year of application of 2. The intervention agencies shall buy in at the this Regulation the Commission shall submit to the intervention price ruling for the marketing centre at Council a report on the results obtained from which the paddy rice is offered, under conditions to application of the measures laid down in this Article be determined in accordance with paragraphs 4 and 5 . and on the advisability of amending or repealing them . If the quality of the paddy rice offered is different from the standard quality for which the intervention price has been fixed , the intervention price shall be Article 7 adjusted by applying : 1 . The target price and the intervention prices — corrective amounts representing the differences in shall be subject to monthly increases, phased over the value between the variety which corresponds to whole or part of the marketing year. the standard quality and the other varieties ; and — price increases or reductions representing 2. The Council, acting in accordance with the variations in quality not attributable to the variety voting procedure laid down in Article 43 (2) of the classification of the product. Treaty on, a proposal from the Commission, shall before 1 May each year determine for the following marketing year the number and the amount of the 3 . Under conditions to be laid down in accordance monthly increases and their phasing over the with paragraphs 4 and 5 , intervention agencies shall marketing year. offer for sale, for export to third countries or for supply to the internal market, paddy rice bought in pursuant to paragraph 1 . Article 8

4. The Council, acting in accordance with the 1 . A carry-over payment may be granted in respect voting procedure laid down in Article 43 (2) of the of stocks remaining at the end of the marketing year Treaty on a proposal from the Commission, shall of paddy rice harvested in the Community and of adopt general rules governing intervention . husked rice obtained from that rice .

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Before 1 July of each year, the Council, acting in From a date to be fixed by the Council, acting in accordance with the voting procedure laid down in accordance with the voting procedure laid down in Article 43 (2) of the Treaty on a proposal from the Article 43 (2) of the Treaty on a proposal from the Commission, shall decide whether a carry-over Commission , and from 1 September 1969 at the payment should be granted in respect of the latest, such licences shall be valid for transactions above-mentioned products and, if so, to what extent. effected in the Community. Until that date such licences shall be valid only for transactions effected in the Member State which issued them . 2. The carry-over payment shall not exceed : The issue of such licences shall be conditional on the ( a) for husked rice, the difference between the target lodging of a deposit guaranteeing that importation or price valid for the last month of the marketing year and that valid for the first month of the next exportation is effected during the period of validity marketing year ; of the licence ; the deposit shall be forfeited in whole or in part if the transaction is not effected, or is only (b) for paddy rice, that difference adjusted by the partially effected, within that period. conversion rate . 2. The period of validity of licences and other detailed rules for the application of this Article shall 3 . The carry-over payment shall be granted only if be adopted in accordance with the procedure laid stocks reach a minimum quantity. down in Article 26. 4. The amount of the carry-over payment shall be fixed in accordance with the procedure referred to in Article 11 paragraph 1 . 1 . A levy equal for each product to the threshold 5 . Detailed rules for the application of this Article, price less the c.i.f. price shall be charged on imports in particular the minimum quantity qualifying for a of husked rice, milled rice or broken rice. carry-over payment and the categories of those entitled to it shall be adopted in accordance with the 2. A levy equal to the levy applicable to husked procedure laid down in Article 26. rice, adjusted by the conversion rate, shall be charged on imports of paddy rice. Article 9 3 . A levy equal to the levy applicable to round-grained milled rice, adjusted by the conversion 1 . A production refund shall be granted for rate, shall be charged on imports of long-grained broken rice which has been used : milled rice. This adjustment shall be made by ( a) by the starch industry for the manufacture of dividing this - levy by the rate applicable when starch and quellmehl as defined in Annex A ; long-grained husked rice is converted into long-grained milled rice and by multiplying it by the ( b) by the brewing industry. rate applicable when round-grained husked rice is converted into round-grained milled rice. 2 . The Council , acting in accordance with the voting procedure laid down in Article 43 (2 ) of the 4. A levy equal to the levy applicable to milled Treaty on a proposal from the Commission, shall rice, adjusted by the conversion rate, shall be charged adopt rules for the application of this Article and fix on imports of semi-milled rice . the amount of the production refund. 5 . The Commission shall fix the levies mentioned in this Article. TITLE II

Article 12 Trade with third countries

Article 10 1 . A levy shall be charged on the importation of products listed in Article 1 ( 1 ) (c ), consisting of two components : 1 . Imports into the Community or exports therefrom of any of the products listed in Article 1 ( a) a variable component, which may be fixed and shall be subject to the submission of an import or revised on a flat rate basis and which export licence which may be issued by Member corresponds to the incidence on the prime cost of States to any applicant irrespective of the place of his such products of the levy on the basic product establishment in the Community. used in their manufacture :

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(b) a fixed component designed to protect the 2. The threshold price for husked rice shall be processing industry. fixed in such a way that on the Duisburg market the selling price for the imported product corresponds to 2 . Where actual offers from third countries of the target price, after allowance for differences in products listed in Article 1 ( 1 ) (c) do not correspond quality. The threshold price shall be subject to the to the price which results from the price of the basic monthly increases determined for the target price in product used in their manufacture, plus processing accordance with the provisions of Article 7. costs , an amount fixed in accordance with the procedure laid down in Article 26 may be added to It shall be calculated for Rotterdam for the same the levy fixed in accordance with paragraph 1 . standard quality as the target price for husked rice.

3 . The Council, acting in accordance with the 3 . The threshold price for milled rice shall be voting procedure laid down in Article 43 (2) of the derived from the threshold price for husked rice by Treaty on a proposal from the Commission , shall making adjustments for the conversion rate, for adopt rules for the application of this Article . processing costs and for the value of by-products and then by adding an amount for the protection of the 4. The Commission shall fix the levies specified in industry. paragraph 1 . It shall be calculated for Rotterdam for the same standard quality as the threshold price for husked Article 13 rice .

1 . The levy to be charged shall be that applicable 4. The Council, acting in accordance with the on the day of importation. voting procedure laid down in Article 43 (2) of the Treaty on a proposal from the Commission, shall fix 2 . However, as regards imports of rice and broken the threshold price for husked rice and the protective rice, the levy applicable on the day on which amount mentioned in paragraph 3 . application for a licence is made, adjusted for the threshold price which will be in force during the 5 . The threshold price for milled rice shall be fixed expected month of importation, shall be applied to an in accordance with the procedure laid down in import to be effected during the period of validity of Article 26 . the licence, if the applicant so requests when applying for the licence. A premium, fixed at the same time as the levy, shall be added to the levy, where Article IS appropriate. 1 . A threshold price for broken rice shall be fixed 3 . A decision may be taken in accordance with the for the Community each year, before 1 May, for the procedure laid down in Article 26 to apply the following marketing year. provisions of paragraph 2, in whole or in part, to any of the products listed in Article 1 ( 1 ) (c). 2. This price shall be fixed within : 4. The Council, acting in accordance with the ( a) an upper limit constituted by the threshold price voting procedure laid down in Article 43 (2) of the for husked rice valid for the same marketing Treaty on a proposal from the Commission , shall year : adopt rules for the application of paragraph 2, including rules for fixing premiums, and measures to — plus half the amount of the monthly increases be taken in exceptional circumstances or where of that threshold price ; and importation is not effected within the month laid down . — minus the percentage by which the average c.i.f. price for broken rice determined for Rotterdam from 1 September 1964 to 31 5 . The scale of premiums shall be adopted by the Commission . August 1966 was lower than the average of the most favourable offers for husked rice determined for Rotterdam for the same Article 14 period ;

1 . There shall be fixed for the Community each ( b) a lower limit constituted by the threshold price year, before 1 May, for the following marketing year : for maize valid for the same marketing year : — a threshold price for husked rice ; — plus half the amount of the monthly increases — a threshold price for milled rice. of that threshold price ; and

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— plus the percentage by which the average c.i.f. quality for which the threshold price for husked price for broken rice determined for rice was fixed, those differences themselves to be Rotterdam from 1 September 1964 to 31 adjusted in line with the rate applicable on August 1966 was higher than the average c.i.f. conversion of round-grained husked rice to price for maize determined for Rotterdam for round-grained milled rice; the same period and adjusted for bagged maize . (b) long-grained milled rice, adjusted, in order to obtain the price of round-grained milled rice, for : 3 . If quotations on the world market for husked rice, maize and broken rice show, over a period of at — the conversion rate, the processing costs and least six months, considerable variations from the the value of by-products applicable on conversion of long-grained milled rice into average quotations recorded during the period long-grained husked rice ; mentioned in paragraph 2, a different reference period shall be fixed for determining the threshold — differences in quality compared with the price for the following marketing year. standard" quality for which the threshold price for husked rice was fixed ; 4. The threshold price for broken rice shall be calculated for Rotterdam and for a standard quality. — the conversion rate, the processing costs and the value of by-products applicable on 5 . The Council, acting in accordance with the conversion of round-grained husked rice into voting procedure laid down in Article 43 ( 2) of the round-grained milled rice ; Treaty on a proposal from the Commission, shall fix : (c) if need be, semi-milled rice, adjusted for the ( a) the threshold price for broken rice and the conversion rate, for processing costs, for the standard quality for which it shall be fixed ; value of by-products and for any differences in quality compared with the standard quality for (b) if need be, the reference period mentioned in which the threshold price of husked rice was paragraph 3 . fixed, those differences themselves to be adjusted in line with the rate applicable on conversion of Article 16 husked rice into milled rice .

1 . There shall be. calculated for Rotterdam : 4. Differences in quality shall be expressed by — a c.i.f. price for husked rice; means of corrective amounts representing the difference in value between the variety which — a c.i.f. price for milled rice; corresponds to the standard quality for which the — a c.i.f. price for broken rice. threshold price was fixed and the other varieties.

These c.i.f. prices shall be calculated for goods in 5 . Where free quotations on the world market are bulk on the basis of the most favourable purchasing not a determining factor for the offer price and where opportunities on the world market determined in that price is lower than those quotations, a special accordance with paragraphs 2 and 3 . c.i.f. price calculated on the basis of the offer price shall be substituted, solely in respect of the imports 2 . The c.i.f. price for husked rice shall be in question for the c.i.f. price. calculated on the basis of the quotations or prices on the world market for : 6. Detailed rules for the application of this Article, in particular the corrective amounts, the method of (a) husked rice, adjusted for any differences in calculating c.i.f. prices and the margin within which quality compared with the standard quality; variations in the factors used for calculating the levy (b) if need be, paddy rice, adjusted for the do not entail any alteration of the levy, shall be conversion rate, for processing costs, for the adopted in accordance with the procedure laid down in Article 26. value of by-products and for any differences in quality compared with the standard quality. Article 17 3 . The c.i.f. prices for milled rice shall be calculated on the basis of recorded quotations or 1 . To the extent necessary to enable the products prices on the world market for : listed in Article 1 to be exported in the state referred ( a) round-grained milled rice, adjusted for any to therein or in the form of goods listed in Annex B differences in quality compared with the standard on the basis of quotations or prices for those

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products on the world market, the difference between on a proposal from the Commission, may prohibit in those quotations or prices and prices in the whole or in part the use of inward processing Community may be covered by an export refund. arrangements :

2 . The refund shall be the same for the whole — in respect of products listed in Article 1 which are intended for the manufacture of products listed in Community . It may be varied according to use or destination . Article 1 ( 1 ) ( c);

— and, in special cases, in respect of products listed The refund shall be granted on application. in Article 1 which are intended for the When the refund is being fixed particular account manufacture of goods listed in Annex B. shall be taken of the need to establish a balance between the use of Community basic products in the 2. Community provisions to regulate the inward manufacture of processed goods for export to third processing trade in the products listed in Article 1 countries and the use of third country products shall be adopted not later than 1 July 1968 . brought in under inward processing arrangements.

Refunds shall be fixed at regular intervals in 3 . Rules to be applied until the provisions accordance with the procedure laid down in Article mentioned in paragraph 2 enter into jforce shall be 26. Where necessary the Commission may, at the adopted in accordance with the procedure referred to request of a Member State or on its own initiative, in paragraph 1 ; they shall apply in respect of: alter the refunds in the intervening period. ( a) the rate of yield to be taken when determining the quantity of Article 1 products used in the 3 . The amount of the refund applicable to the manufacture of processed goods for export; export of products listed in Article 1 and of goods listed in Annex B shall be that applicable on the day (b) the determination, for the purpose of applying of exportation . the levy, of the quantity of products used in the manufacture of processed goods put into free 4. However, as regards exports of products listed circulation . in Article 1 (1 ) (a) and (b), the refund applicable on the day on which application for a licence is made, adjusted for the threshold price which will be in force 4. For the purposes of this Article 'inward during the month of exportation, shall be applied to processing arrangements' means all those provisions an export to be effected during the period of validity determining the conditions under which products of the licence, if the applicant so requests when from third countries are used in the Community in applying for the licence. In this case a corrective the manufacture of goods for export and enjoy amount fixed by the Commission shall be applied to exemption from the levies applicable to them. the refund.

The provisions of the preceding subparagraph may Article 19 be applied in whole or in part to any of the products listed in Article 1 ( 1 ) (c) and in Annex B. The procedure laid down in Article 26 shall apply for determining : 5 . The Council, acting in accordance with the voting procedure laid down in Article 43 (2) of the ( a) the conversion rates between Treaty on a proposal from the Commission, shall adopt general rules for granting export refunds and — husked rice and paddy rice used when criteria for fixing the amount of such refunds. applying Article 4 (3 ), Article 8 (2) (b), Article 11 (2) and Article 16 (2) (b);

6. Detailed rules for the application of this Article — husked rice and milled rice used when shall be adopted in accordance with the procedure applying Article 11 (3 ), Article 14 (3 ) and laid down in Article 26. Article 16 (3 ) ( a), (b) and (c);

— milled rice and semi-milled rice, to be used Article 18 in consideration when applying Article 11 (4) ' and Article 16 (3 ) (c); 1 . To the extent necessary for the proper working of the common organisation of the market in rice, the (b ) the processing costs and the value of by-products Council, acting in accordance with the voting to be used when applying Article 4 (3 ), Article 14 procedure laid down in Article 43 (2) of the Treaty (3 ) and Article 16 (2) (b) and (3 ) (b) and (c).

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Article 20 The Council, acting in accordance with the voting procedure laid down in Article 43 (2) of the Treaty 1 . Without prejudice to the provisions of on a proposal from the Commission, shall adopt Regulation No 156/66/EEC1 the general rules for the rules for the application of this paragraph and define the cases in which and the limits within which interpretation of the Common Customs Tariff and the special rules for its application shall apply to the Member States may take protective measures. tariff classification of products covered by this Regulation; the tariff nomenclature resulting from 2. If the situation mentioned in paragraph 1 arises, application of this Regulation shall be incorporated the Commission shall, at the request of a Member in the Common Customs Tariff from the date on State or on its own initiative, decide upon the which the latter is fully applied. necessary measures ; the measures shall be communicated to the Member States and shall be immediately applicable. If the Commission receives a 2. Save as otherwise provided in this Regulation or request from a Member State, it shall take a decision where derogation therefrom is decided by the thereon within twenty-four hours following receipt of Council, acting in accordance with the voting the request. procedure laid down in Article 43 (2) of the Treaty on a proposal from the Commission, the following 3 . The measures decided upon by the Commission shall be prohibited : may be referred to the Council by any Member State within three working days following the day on — the levying of any customs duty or charge having which they were communicated. The Council shall equivalent effect; meet without delay. It may amend or repeal the — the application of any quantitative restriction or measures in question in accordance with the voting measure having equivalent effect. procedure laid down in Article 43 (2) of the Treaty.

The restriction of import or export licences to a TITLE III specified category of those entitled to receive them shall be one of the measures considered as having General provisions effect equivalent to a quantitative restriction. Article 23 Article 21 1 . The following shall be prohibited in the internal trade of the Community: When the c.i.f. price of one or more of the products mentioned in Article 16 ( 1 ) is appreciably higher than — the levying of any customs duty or charge having the threshold price, and that situation is likely to equivalent effect; continue, thereby disturbing or threatening to disturb — any quantitative restriction or measure having the Community market, the necessary measures may equivalent effect ; be taken . — recourse to Article 44 of the Treaty. The Council, acting in accordance with the voting procedure laid down in Article 43 (2) of the Treaty 2 . Goods listed in Article 1 which are on a proposal from the Commission, shall adopt manufactured or obtained from products to which general rules for the application of this Article. Article 9 (2) and Article 10 ( 1 ) of the Treaty do not apply shall not be admitted to free circulation within the Community. Article 22

1 . If by reason of imports or exports the Article 24 Community market in one or more of the products listed in Article 1 experiences or is threatened with Save as otherwise provided in this Regulation, serious disturbances which may endanger the Articles 92 to 94 of the Treaty shall apply to the objectives set out in Article 39 of the Treaty, production of and trade in the products listed in appropriate measures may be applied in trade with Article 1 . third countries until such disturbance or threat of disturbance has ceased. Article 25

Member States and the Commission shall 1 OJ No 192, 27.10.1966, p . 3278/66. communicate to each other the information necessary

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for implementing this Regulation. Rules for the from the Commission, shall decide in the light of communication and distribution of such information experience whether to retain or amend the provisions shall be adopted in accordance with the procedure of Article 26 . laid down in Article 26.

Article 29 Article 26 This Regulation shall be so applied that appropriate 1 . Where the procedure laid down in this Article is account is taken, at the same time, of the objectives to be followed, the Chairman shall refer the matter to set out in Articles 39 and 110 of the Treaty. the Management Committee for Cereals set up by Article 25 of Council Regulation No 120/67/EEC1 of 13 June 1967 on the common organisation of the Article 30 market in cereals (hereinafter called the ' Committee'), either on his own initiative or at the request of the representative of a Member State. The additional amount provided for in Article 12 (2 ) and the premium provided for in Article 13 (2) shall be considered as levies in relation to third countries The provisions of Article 25 of the above-mentioned Regulation regarding that Committee shall apply in within the meaning of Article 11 (4) of Council full. Regulation No 130/66/EEC2 of 26 July 1966 on the' financing of the common agricultural policy. 2. The representative of the Commission shall submit a draft of the measures to be taken. The Article 31 Committee shall deliver its Opinion on such measures within a time-limit to be set by the Chairman according to the urgency of the questions 1 . Should transitional measures be necessary to under consideration. An Opinion shall be adopted by facilitate the transition from the system provided in a majority of twelve votes. Regulation No 16/64/EEC to that established by this Regulation, in particular if the introduction of the new system on the date provided for would give rise 3 . The Commission shall adopt measures which to substantial difficulties in respect of shall apply immediately. However, if these measures certain products, such measures shall be adopted in are not in accordance with the Opinion of the accordance with the procedure laid down in Article Committee, they shall forthwith be communicated by the Commission to the Council . In that event the 26. They shall be applicable until 31 August 1968 at the latest. Commission may defer application of the measures which it has adopted for not more than one month from the date of such communication . 2. By way of derogation from the provisions of Article 2, the prices and standard qualities mentioned The Council, acting in accordance with the voting therein effective for the 1967/68 marketing year shall procedure laid down in Article 43 (2) of the Treaty, be determined by the Council, acting in accordance may take a different decision within one month. with the voting procedure laid down in Article 43 (2) of the Treaty on a proposal from the Commission .

Article 27 Article 32 The Committee may consider any other question referred to it by its Chairman either on his own This Regulation shall enter into force on the day initiative or at the request of the representative of a Member State. following its publication in the Official Journal of the European Communities.

Article 28 The system established by this Regulation shall apply from 1 September 1967, except for the measures At the end of the transitional period, the Council, provided for in Article 31 ( 1 ), which may be made to acting in accordance with the voting procedure laid apply from the date of entry into force of this down in Article 43 (2) of the Treaty on a proposal Regulation.

1 OJ No 117, 19.6.1967, p . 2269/67. - OJ No 165 , 21.9.1966, p . 2965/66.

Official Journal of the European Communities 203

Regulation No 16/64/EEC and the provisions From the same date Annex A of Regulation No adopted in implementation thereof, except for the 120/67/EEC shall be read as follows in respect of provisions of Regulation No 3/63/EEC,1 shall be tariff sub-heading No ex 11.02 ex A III ex (b): repealed with effect from 1 September 1967. ' Other, except rice groats and meal and rolled or flaked rice'.

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

Done at Brussels, 25 July 1967.

For the Council

The President

H. HOECHERL

ANNEX A

Definitions

1 . (a) Paddy rice : rice of which the grains are still enclosed in the floral husk;

(b ) Husked rice: rice grains from which the husks have been removed, but which are still enclosed in the pericarp . This term embraces rice known commercially as 'brown rice', 'cargo rice', 'loonzain rice' and 'riso sbramato '; (c) Semi-milled rice: rice from which only part of the pericarp has been removed ; (d) Milled rice: rice from which the whole of the pericarp has been removed, whether or not the grains still retain longitudinal white striations .

2. (a) Round-grained rice: rice of which 90% or more of the grains have a length equal to or less than 5-2 millimetres and a ratio of length to width of less than 2; ( b) Long-grained rice: rice not meeting the specifications of ( a).

The grain measurements are taken on milled rice by the following method : — take a representative sample from the batch ; — sieve the sample so as to retain only whole grains ; — carry out two measurements consisting of 100 grains each and find the average ; — express the result in millimetres, rounded off to one decimal point.

3 . Broken rice : milled rice grains from which a piece larger in volume than the point has been removed.

4. Quellmehl: flour of which the starch has undergone heat or other treatment thus increasing its swelling capacity.

1 OJ No 14, 29.1.1963, p. 153/63 .

204 Official Journal of the European Communities

ANNEX B

CCT heading Description of goods No

19.02 Preparations of flour, meal, starch or malt extract, of a kind used as infant food or for dietetic or culinary purposes, containing less than 50% by weight of cocoa

1 9.05 Prepared foods obtained by the swelling or roasting of cereals or cereal products (puffed rice, corn flakes and similar products)

19.06 Communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products

ex 21.07 Food preparations not elsewhere specified or included, containing sugar, milk products, cereals or cereal-based products

35.05 Dextrins and dextrin glues ; soluble or roasted starches; starch glues

38.12 AI Prepared glazings and prepared dressings with a basis of amylaceous substances