Regulation (EEC) No 2729/75 of the Council of 29 October 1975 on the import levies on mixtures of cereals, rice and broken rice
Modified by
Council Regulation (EC) No 3290/94of 22 December 1994on the adjustments and transitional arrangements required in the agriculture sector in order to implement the agreements concluded during the Uruguay Round of multilateral trade negotiations, 31994R3290, December 31, 1994
Council Regulation (EC) No 1234/2007of 22 October 2007establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), 32007R1234, November 16, 2007
Regulation (EEC) No 2729/75 of the Councilof 29 October 1975on the import duties on mixtures of cereals, rice and broken riceTHE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof;Having regard to the proposal from the Commission;Having regard to the Opinion of the European ParliamentOpinion delivered on 16 October 1975 (not yet published in the Official Journal).;Whereas, to ensure the proper working of the duty system applicable to imports of cereals, rice and broken rice from third countries introduced by Council Regulation (EEC) No 2727/75See page 1 of this Official Journal. of 29 October 1975 on the common organization of the market in cereals, and Council Regulation No 359/67/EECOJ No 174, 31. 7. 1967, p. 1. of 25 July 1967 on the common organization of the market in rice, as last amended by Regulation (EEC) No 668/75OJ No L 72, 20. 3. 1975, p. 18., suitable rules should be applied to trade in mixtures of cereals, rice and broken rice;Whereas the import duty on such mixtures results from their tariff classification, which is normally determined in accordance with the general rules for the interpretation of the Common Customs Tariff;Whereas, in the case of mixtures of cereals, rice and broken rice, the tariff classification may give rise to difficulties if determined in accordance with these rules; whereas in fact such classification sometimes results in a low import duty being charged on mixtures which, however, contain a substantial proportion of products subject to a high import duty;Whereas, in order to avoid such difficulties, special provisions should be adopted for determining the import duty on mixtures of cereals, rice and broken rice,HAS ADOPTED THIS REGULATION:
Article 11.The import duty applicable to mixtures composed of two of the cereals falling within Article 1 (a) and (b) of Regulation (EEC) No 2727/75 shall be that applicable:to the component cereal predominating by weight, when that cereal represents at least 90 % of the weight of the mixture,to the component cereal liable to the higher import duty, when neither of the two component cereals represents at least 90 % of the weight of the mixture.2.Where a mixture is composed of more than two of the cereals falling within Article 1 (a) and (b) of Regulation (EEC) No 2727/75, and where several cereals each represent more than 10 % by weight of the mixture, the import duty applicable to the mixture shall be the highest of the import duties applicable to such cereals, even when the amount of the import duty is the same for two or more of the cereals.Where only one cereal represents more than 10 % of the weight of the mixture, the import duty to be applied shall be that applicable to this cereal.3.The import duty applicable to mixtures composed of the cereals falling within Article 1 (a) and (b) of Regulation (EEC) No 2727/75 and not governed by the above rules, shall be the higher or the highest of the import duties applicable to the cereals composing the mixture concerned, even when the amount of the import duty is the same for two or more of the cereals.Article 21.The import duty applicable to mixtures composed of one or more of the cereals falling within Article 1 (a) and (b) of Regulation (EEC) No 2727/75 and of one or more of the products specified in Article 1 (a) and (b) of Regulation No 359/67/EEC shall be that applicable to the component cereal or product liable to the higher or highest import duty.2.The import duty applicable to mixtures composed either of rice classifiable under several different processing groups or stages or of rice classifiable under one or more different processing groups or stages and of broken rice shall be that applicable:to the component predominating by weight, when that component represents at least 90 % of the weight of the mixture,the component liable to the higher or highest import duty, when no component represents at least 90 % of the weight of the mixture.Article 3Where this method of assessing the import duty laid down in Articles 1 and 2 cannot be applied, the duty to be applied to such mixtures covered by this Regulation shall be that determined by the tariff classification of the mixtures.Article 41.Council Regulation No 156/66/EECOJ No 192, 27. 10. 1966, p. 3278/66. of 25 October 1966 on the duties on mixtures of cereals, rice and broken rice, is hereby repealed.2.References to the Regulation repealed by paragraph 1 shall be construed as references to this RegulationArticle 5This Regulation shall enter into force on 1 November 1975.This Regulation shall be binding in its entirety and directly applicable in all Member States.