Regulation (EU) No 539/2014 of the European Parliament and of the Council of 16 April 2014 on imports of rice originating in Bangladesh and repealing Council Regulation (EEC) No 3491/90

• CELEX: Regulation (EU) No 539/2014
• Articles: 9

Article 1 Scope

1.   This Regulation establishes a preferential import arrangement for imports of rice originating in Bangladesh falling within CN codes 1006 10 (excluding CN code 1006 10 10 ), 1006 20 and 1006 30 .

2.   The preferential import arrangement shall be limited to a quantity equivalent to 4 000 tonnes of husked rice per calendar year.

The quantities at stages of milling other than the husked-rice stage shall be converted using the conversion rates fixed in Article 1 of Regulation (EC) No 1312/2008.

3.   The Commission shall adopt an implementing act suspending the application of the preferential import arrangement provided for in paragraph 1 of this Article once it ascertains that, during the year in progress, imports qualifying under the said arrangement have reached the quantity indicated in paragraph 2 of this Article. That implementing act shall be adopted without applying the procedure referred to in Article 6(2).

Article 2 Import duty

1.   Within the limit of the quantity laid down in Article 1(2), the import duty on rice shall be equal to the following:

(a)

for paddy rice falling within CN codes 1006 10 , with the exception of CN code 1006 10 10 , the customs duties fixed in the Common Customs Tariff less 50 % and less a further EUR 4,34;

(b)

for husked rice falling within CN code 1006 20 , the duty fixed in accordance with Article 183 of Regulation (EU) No 1308/2013 less 50 % and less a further EUR 4,34;

(c)

for semi-milled and milled rice falling within CN code 1006 30 , the duty fixed in accordance with Article 183 of Regulation (EU) No 1308/2013 less EUR 16,78, less a further 50 % and less an additional EUR 6,52.

2.   Paragraph 1 shall apply subject to the condition that the competent authority of Bangladesh has issued a certificate of origin.

Article 3 Delegated powers

In order to ensure the reliability and the efficiency of the preferential import arrangement, the Commission shall be empowered to adopt delegated acts in accordance with Article 4 laying down rules making the participation in the preferential import arrangement established in Article 1 conditional upon the lodging of a security.

Article 4 Exercise of the delegation

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The power to adopt delegated acts referred to in Article 3 shall be conferred on the Commission for a period of five years from 28 May 2014. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3.   The delegation of power referred to in Article 3 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.   A delegated act adopted pursuant to Article 3 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 5 Implementing powers

The Commission shall adopt implementing acts determining the necessary measures in respect of:

(a)

the administrative method to be used for the management of the preferential import arrangement;

(b)

the means for determining the origin of the product covered by the preferential import arrangement;

(c)

the form and period of validity of the certificate of origin referred to in Article 2(2);

(d)

the period of validity of the import licences, where appropriate;

(e)

the amount of the security required to be lodged in accordance with Article 3;

(f)

the notifications to be made to the Commission by Member States.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 6(2).

Article 6 Committee procedure

1.   The Commission shall be assisted by the Committee for the Common Organisation of the Agricultural Markets established by Article 229(1) of Regulation (EU) No 1308/2013. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

3.   Where the opinion of the committee referred to in paragraph 1 is to be obtained by written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides or at least a quarter of committee members so request.

Article 7 Repeal

Regulation (EEC) No 3491/90 is repealed.

References to Regulation (EEC) No 3491/90 shall be construed as references to this Regulation and shall be read in accordance with the correlation table in the Annex to this Regulation.

Article 8 Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union .

Schedules & Appendices

ANNEX

ANNEX

Correlation table

Regulation (EEC) No 3491/90

This Regulation

Article 1

Article 2

Article 2(1)

Article 1(2)

Article 2(2)

Article 1(3)

Article 3

Articles 3 to 6