Applicable rules
Article 7
Implementing Regulation (EU) 2016/1239 shall apply, unless otherwise provided for in this Regulation.
Commission Implementing Regulation (EU) 2023/2834 SECTION 2 — Special rules for imports of Basmati rice
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Import licences applications
Article 8
Import licence applications for Basmati rice as referred to in Article 176(1) of Regulation (EU) No 1308/2013 shall contain the following details: (a) in box 8, indication of the country of origin and the word ‘yes’ marked with a cross; (b) in box 20, one of the entries set out in Annex I.
Authenticity certificate
Article 9
1. The authenticity certificate referred to in Article 4 of Delegated Regulation (EU) 2023/2835 shall be drawn up on a form in accordance with the specimen set out in Annex II. The text of the form in the other Union languages shall be published in the C series of the Official Journal of the European Union . The authenticity certificates may be stored and made available in the electronic system ELAN to be set up by the Commission. 2. The licence issuing authority issuing the import licence shall keep the original of the authenticity certificate and give the applicant a duplicate. The authenticity certificate shall be valid for 90 days from the date of issue. It shall be valid only if the boxes are duly completed and it is signed.
Import licences
Article 10
1. Import licences for Basmati rice shall contain the following details: (a) in box 8, indication of the country of origin and the word ‘yes’ marked with a cross; (b) in box 20, one of the entries set out in Annex III. 2. The duplicate of the authenticity certificate referred to in Article 9(2) shall be annexed to the import licence. If the licence is issued as an electronic document, the authority issuing the licence may transfer the duplicate of the authenticity certificate to the customs authorities by electronic means. 3. By derogation from Article 5(1) of Implementing Regulation (EU) 2016/1239, the security relating to import licences for Basmati rice shall be EUR 70 per tonne.
Tolerance on quantity
Article 11
In accordance with Article 5(5), first subparagraph, of Delegated Regulation (EU) 2016/1237, the tolerance on quantity shall be 0 %.
Notification of quantities
Article 12
Member States shall notify the Commission: (a) no later than 2 working days following a refusal, of the quantities in respect of which applications for import licences for Basmati rice have been refused, with an indication of the date of refusal and the grounds, the CN code, the country of origin, the issuing body and the number of the authenticity certificate, as well as the holder’s name and address; (b) no later than 2 working days following their issue, of the quantities in respect of which applications for import licences for Basmati rice have been issued, with an indication of the date, the CN code, the country of origin, the issuing body and the number of the authenticity certificate, as well as the holder’s name and address; (c) in the event of the cancellation of a licence, no later than 2 working days after cancellation, of the quantities in respect of which licences have been cancelled and the names and addresses of the holders of the cancelled licences; (d) on the last working day of each month following the month of release for free circulation, of the quantities actually released for free circulation, with an indication of the CN code, the country of origin, the issuing body and the number of the authenticity certificate. The notifications shall be made in accordance with Commission Delegated Regulation (EU) 2017/1183 ( 22 ) and Commission Implementing Regulation (EU) 2017/1185 ( 23 ) .
Sample checks of imported Basmati rice
Article 13
1. In the context of random checks or checks targeted at operations entailing a risk of fraud, Member States shall take representative samples of imported Basmati rice in accordance with Article 238 of Commission Implementing Regulation (EU) 2015/2447 ( 24 ) . The samples shall be sent to the competent body in the country of origin, as made public by the Commission on its website, for a DNA-based variety test. The Member States may also carry out variety tests on the same sample in an Union laboratory. 2. If the results of one of the tests referred to in paragraph 1 show that the product analysed does not correspond to what is indicated on the authenticity certificate, the import duty on husked rice falling within CN code 1006 20, provided for by the Agreement in the form of an Exchange of Letters between the European Community and the United States relating to the method of calculation of applied duties for husked rice, approved by Council Decision 2005/476/EC ( 25 ) , shall apply. However, the presence up to 5 % of husked rice falling within CN code 1006 20 17 or CN code 1006 20 98 not corresponding to any of the varieties listed in Article 2(1) of Delegated Regulation (EU) 2023/2835 shall be accepted. 3. If the tests referred to in paragraph 1 or other information available to the Commission indicate a serious and lasting problem as regards the control procedures applied by a competent body in the country of origin, the Commission may contact the competent authorities in the country concerned. If such contacts fail to yield a satisfactory solution, the Commission may decide to apply the rate of import duty for husked rice falling within CN code 1006 20, provided for by the Agreement in the form of an Exchange of Letters between the European Community and the United States of America relating to the method of calculation of applied duties for husked rice, approved by Decision 2005/476/EC and under the conditions laid down in this Regulation and in Delegated Regulation (EU) 2023/2835.
Market disturbances
Article 14
1. The rice market shall be considered to be disturbed when, inter alia, a substantial increase in Basmati rice imports is noted for one quarter of the year as compared to the previous quarter and there is no satisfactory explanation. 2. If a disturbance of the rice market persists and if the Commission’s consultations of the exporting countries concerned fail to yield a satisfactory solution, the import duty on husked rice falling within CN code 1006 20, provided for by the Agreement in the form of an Exchange of Letters between the European Community and the United States of America relating to the method of calculation of applied duties for husked rice, approved by Decision 2005/476/EC, may also be applied to imports of Basmati rice, by a Commission decision, subject to the conditions laid down in Section 2 of Chapter 1 of this Regulation and in Section 2 of Delegated Regulation (EU) 2023/2835.
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