Commission Implementing Regulation (EU) 2023/2834 of 10 October 2023 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards imports in the sectors of rice, cereals, sugar and hops

CHAPTER 1

RICE

SECTION 1

Conversion rates for rice

Article 1

Conversion rates

The conversion rate between husked rice and paddy rice shall be as follows:

Husked rice	Paddy rice
1	1,25

The conversion rate between husked rice and milled rice shall be as follows:

	Husked rice	Milled rice
Round-grained rice	1	0,775
Medium-grained or long-grained rice	1	0,69
Other rice	1	0,7325

The conversion rate between milled rice and semi-milled rice shall be as follows:

	Milled rice	Semi-milled rice
Round-grained rice	1	1,065
Medium-grained or long-grained rice	1	1,072
Other rice	1	1,06849

Article 2

Processing costs

Article 3

Value of the by-products

The value of the by-products obtained from processing husked rice into milled rice shall be:

(a) EUR 41,00 per tonne of husked round grain rice;

(b) EUR 52,00 per tonne of husked medium-grained or long-grained rice.

The value of the by-products obtained from processing semi-milled rice into milled rice shall be:

(a) EUR 12,62 per tonne of semi-milled round grain rice;

(b) EUR 14,05 per tonne of semi-milled medium-grained or long-grained rice.

Article 4

Value conversion

The adjustments provided for in paragraphs 1 and 2 shall not be effected when the prices of husked rice and the prices of semi-milled or milled rice taken into consideration for fixing the levies are lower than:

(a) EUR 110 per tonne of husked rice;

(b) EUR 150 per tonne of semi-milled or milled rice.

Article 5

Value conversion

The conversion of the value of a quantity of husked rice into the value of the same quantity of paddy rice shall be done by:

(a) dividing the value to be converted by the rate fixed in Article 1(1) for paddy rice; and

(b) reducing the amount thus obtained by the processing costs fixed in Article 2(1).

The conversion of the value of a quantity of paddy rice into the value of the same quantity of husked rice shall be done by:

(a) increasing the value to be converted by the processing costs fixed in Article 2(1); and

(b) multiplying the amount thus obtained by the rate fixed in Article 1(1) for paddy rice.

The conversion of the value of a quantity of husked rice into the value of the same quantity of milled rice shall be done by:

(a) increasing the value to be converted by the processing costs fixed in Article 2(2);

(b) reducing the value to be converted by the value of the by-products fixed in Article 3(2); and

(c) dividing the amount thus obtained by the rate fixed in Article 1(2) for milled rice.

The conversion of the value of a quantity of milled rice into the value of the same quantity of husked rice shall be done by:

(a) multiplying the value to be converted by the rate fixed in Article 1(2) for milled rice;

(b) reducing the amount thus obtained by the processing costs fixed in Article 2(2); and

(c) increasing the amount thus obtained by the value of the by-products fixed in Article 3(2).

The conversion of the value of a quantity of milled rice into the value of the same quantity of semi-milled rice shall be done by:

(a) dividing the value to be converted by the rate fixed in Article 1(3) for semi-milled rice; and

(b) increasing the amount thus obtained by the value of the by-products fixed in Article 3(3).

The conversion of the value of a quantity of semi-milled rice into the value of the same quantity of milled rice shall be done by:

(a) reducing the value to be converted by the value of the by-products fixed in Article 3(3); and

(b) multiplying the amount thus obtained by the rate fixed in Article 1(3) for semi-milled rice of the group in question.

Article 6

Quantity conversion

The conversion of a quantity of paddy rice or milled rice into a corresponding quantity of husked rice shall be done by dividing the quantity to be converted by the rate fixed in Article 1(1) for paddy rice or by the rate fixed in Article 1(2) for milled rice, as the case may be.

The conversion of a quantity of semi-milled rice into a corresponding quantity of milled rice shall be done by dividing the quantity to be converted by the rate fixed in Article 1(3) for semi-milled rice.

SECTION 2

Special rules for imports of Basmati rice

Article 7

Applicable rules

Implementing Regulation (EU) 2016/1239 shall apply, unless otherwise provided for in this Regulation.

Article 8

Import licences applications

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 listed in Annex I.

Import licence applications for Basmati rice as referred to in Article 176(1) of Regulation (EU) No 1308/2013 for licences issued in accordance with Annex I.1 to Implementing Regulation (EU) 2016/1239 shall contain the following details:

(a) the ISO 3166-1 alpha-2 code of the country of origin in Section ‘Country of origin’ or, alternatively, the full name of the country of origin;

(b) the code BA01 in Section ‘Special particulars/special conditions’, or, alternatively, the corresponding entry laid down in point (p) of Part A.1 of Annex I.1 to Implementing Regulation (EU) 2016/1239.

Article 9

Authenticity certificate

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.

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.

Article 10

Import licences

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.

Import licences for Basmati rice issued in accordance with Annex I.1 to Implementing Regulation (EU) 2016/1239 shall contain the following details:

(a) the ISO 3166-1 alpha-2 code of the country of origin in Section ‘Country of origin’;

(b) the code BA01 in Section ‘Special particulars/special conditions’, with the corresponding entry laid down in point (p) of Part A.1 of Annex I.1 to Implementing Regulation (EU) 2016/1239.

Article 11

Tolerance on quantity

In accordance with Article 5(5), first subparagraph, of Delegated Regulation (EU) 2016/1237, the tolerance on quantity shall be 0 %.

Article 12

Notification of quantities

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 (²) and Commission Implementing Regulation (EU) 2017/1185 (³).

Article 13

Sample checks of imported Basmati rice

The Member States may also carry out variety tests on the same sample in an Union laboratory.

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.

Article 14

Market disturbances

CHAPTER 2

CEREALS

SECTION 1

Import duties on cereals

Article 15

Import duties

Article 16

Fixing of import duties

The intervention price to be used for the calculation of import duty shall be EUR 101,31 per tonne.

The CIF import price for the calculation of the import duty shall be the daily CIF representative import price determined by using the method provided for in Article 19.

The Commission shall fix the import duty if the average of the import duties calculated during the previous 10 working days differs by more than EUR 5 per tonne compared to the duty that is in force, including when the import duty is zero.

The amount of the fixed import duty and the factors used for their calculation shall be published in the Official Journal of the European Union. Between the fixing of two duties, the Commission shall publish the factors taken into account for the calculation on the Commission’s website.

The import duty fixed shall apply from the date of publication and until a new import duty is fixed and enters into force.

Where the port of unloading in the Union is located:

(a) on the Mediterranean (beyond the Strait of Gibraltar) or on the Black Sea and where the goods arrive through the Atlantic Ocean or the Suez Canal, the Commission shall reduce the import duty by EUR 3 per tonne;

(b) on the Atlantic coast of the Iberian Peninsula, in Ireland, in Denmark, in Estonia, in Latvia, in Lithuania, in Poland, in Finland and in Sweden and where the goods arrive through the Atlantic Ocean, the Commission shall reduce the import duty by EUR 2 per tonne.

The customs authority at the port of unloading shall issue a document of unloading in accordance with the model set out in Annex IV attesting the quantity of each product unloaded. For the import duty reduction provided for in the first subparagraph to be granted, the document of unloading shall accompany the goods until completion of the customs import formalities.

The above document may be stored and made available in the electronic system ELAN to be set up by the Commission.

Article 17

Flint maize

If, however, the import duty applicable on the date of the acceptance of the declaration of release for free circulation in the Union is less than EUR 24 per tonne of maize, the specific guarantee shall be equal to the amount of the import duty.

Article 18

Quality standards for common wheat, durum wheat, and flint maize

The product quality classification standards to be met on importation into the Union, and the tolerances acceptable in the analysis applied towards this classification, shall be those set out in Annex VI.

Article 19

Determination of representative CIF import prices for high quality common wheat and maize other than seed

For high quality common wheat and maize other than seed falling within the CN codes referred to in Article 15(1), the components determining the CIF representative import prices referred to in Article 15(2) shall be:

(a) the representative exchange quotation on the market of the United States;

(b) the known commercial premiums and discounts attached to that quotation in the United States market on the quotation day;

(c) sea freight and associated costs between the United States (Gulf of Mexico or Duluth) and the port of Rotterdam for a vessel of at least 25 000 tonnes.

The Commission shall record each working day:

(a) the component referred to in paragraph 1, point (a), from the exchanges and using the reference varieties laid down in Annex VII;

(b) the components referred to in paragraph 1, points (b) and (c), from publicly available information.

The representative CIF import prices for high quality durum wheat, durum wheat seed and common wheat seed shall be the price calculated for high quality common wheat.

The representative CIF import price for medium quality durum wheat and low quality durum wheat shall be the price calculated for high quality common wheat, to which a discount of EUR 10 per tonne shall apply for medium quality durum wheat, and a discount of EUR 30 per tonne for low quality durum wheat.

The representative CIF import price for sorghum other than seed, sorghum seed falling within CN code 1007 10 90 , rye other than seed, rye seed and maize seed falling within CN code 1005 10 90 shall be the price calculated for maize other than seed.

Article 20

Guarantee for importation

Article 21

Sampling for import duty calculation

If, however, the Commission officially recognises a quality certificate for high quality common wheat, durum wheat or flint maize issued by the country of origin of the cereals, samples shall be taken for verification of the certified quality only from a sufficiently representative number of consignments.

The following certificates of conformity shall be officially recognised by the Commission pursuant to the principles laid down in Articles 58 and 59 of Implementing Regulation (EU) 2015/2447:

(a) certificates issued by the Servicio Nacional de Sanidad y Calidad Agroalimentaria (Senasa) of Argentina for flint maize;

(b) certificates issued by the Federal Grains Inspection Services (FGIS) of the United States for high quality common wheat and high quality durum wheat;

(c) certificates issued by the Canadian Grain Commission (CGC) of Canada for high quality common wheat and high quality durum wheat.

Annex VIII contains a blank specimen of the certificates of conformity issued by Senasa. Reproduction of the stamps authorised by the government of Argentina shall be published in the Official Journal of the European Union.

Annex IX contains blank specimens of the certificates of conformity and stamps issued by the FGIS.

Annex X contains blank specimens of the certificates of conformity, export specifications and stamps issued by the CGC.

The certificates of conformity may be stored and made available in the electronic system ELAN to be set up by the Commission.

When the analytical parameters entered in the certificates of conformity issued by the entities referred to in the first subparagraph show conformity with the high quality common wheat, durum wheat and flint maize quality standards set out in Annex VI, samples shall be taken of at least 3 % of the cargoes arriving at each entry port during the marketing year.

The goods shall be classified in the standard quality for which all the requirements laid down in Annex VI are met.

For the purpose of this paragraph, ‘flint maize’ means maize of the species Zea mays indurata the grains of which present a dominantly vitreous endosperm (hard or horny texture). They are generally orange or red. The upper part (opposite the germ), or crown, shows no fissure.

Vitreous grains of flint maize are defined as grains meeting two criteria:

(a) their crown shows no fissure;

(b) when cut lengthwise their endosperm shows a central mealy part completely surrounded by a horny part. The horny part must account for the dominant part of the total cut surface.

The vitreous grain percentage shall be established by counting in a representative sample of 100 grains the number meeting the criteria referred to in the third subparagraph.

The reference method for determining the flotation index for flint maize is set out in Annex XI.

If the difference referred to in the first subparagraph is not paid within 1 month, the specific guarantee provided for in Article 17(4) of this Regulation and in Article 7(1) and (2) of Delegated Regulation (EU) 2023/2835 shall be forfeit.

SECTION 2

Imports of residues from the manufacture of maize starch from the United States

Article 22

Laboratory analysis

The above certificates may be stored and made available in the electronic system ELAN to be set up by the Commission.

SECTION 3

Procedures for the importation of rye from Türkiye

Article 23

Proof of payment of the special export charge

Proof that the special export charge referred to in Article 5 of Regulation (EC) No 2008/97 has been paid shall be furnished by the operator to the competent authority of the Member State of import by presentation of A.TR movement certificate. In that case, the respective entry referred to in Annex XIII to this Regulation shall be made in the ‘Remarks’ section by the competent authority.

CHAPTER 3

SUGAR

Trade with third countries in the sugar sector

Article 24

Determination of CIF representative prices for white sugar and raw sugar

When establishing the most favourable purchasing opportunities on the world market, the Commission shall take into account the relevant information available to it, in particular:

(a) quotations on exchanges which are important to the international sugar trade;

(b) sales concluded in international trade.

Paragraph 2 shall not apply where:

(a) the sugar is not of sound and fair marketable quality; or

(b) if the possibility of obtaining sugar at the price indicated in the offer relates only to a small quantity which is not representative of the market; or

(c) if the general trend of prices or the information available to the Commission leads the Commission to assume that the price indicated in the offer is not representative of actual market trends.

Article 25

Determination of CIF representative prices for molasses