11. 2. 98 Official Journal of the European Communities L 37/5 COMMISSION REGULATION (EC) No 327/98 of 10 February 1998 opening and providing for the administration of certain tariff quotas for imports of rice and broken rice THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1095/96 of 18 June 1996 on the implementation of the concessions set out in Schedule CXL drawn up in the wake of the conclusion of the GATT XXIV(6) negotiations ('), and in particular Article 1 thereof, Having regard to Council Decision 96/317/EC of 13 May 1996 concerning the conclusion of the results of the consultations with Thailand pursuant to GATT Article XXIII (3, and in particular Article 3 thereof, Whereas, under the negotiations conducted pursuant to GATT Article XXIV(6) in the wake of the accession of Austria, Finland and Sweden to the European Commun- ity, it was agreed to open from 1 January 1996 annual import quotas for 63 000 tonnes of semi-milled and wholly milled rice covered by CN code 1006 30 at zero duty and for 20 000 tonnes of husked rice covered by CN code 100620 at a fixed duty of ECU 88 per tonne; whereas these quotas were included in the European Community list provided for in Article II(1)(a) of GATT 1994; whereas during the negotiations it was agreed with the United States of America that further consultations should take place on how to implement the agreed quotas; whereas these consultations have not yet been brought to an end; whereas imports of rice from the United States under the tariff quotas should occur only when the consultations have been concluded; Whereas, under the consultations with Thailand pursuant to GATT Article XXIII, it was agreed to open an annual quota for 80 000 tonnes of broken rice covered by CN code 1006 40 00 at an import duty reduced by ECU 28 per tonne; Whereas the aforementioned commitments provide that the administration of those quotas is to take account of traditional suppliers; Whereas, with a view to preventing imports under those quotas from causing disturbance in the normal marketing of Community-grown rice, such imports should be stag- () OJ L 146, 20. 6. 1996, p. 1. () OJ L 122, 22. 5. 1996, p. 15. gered over the year so they can be absorbed more easily by the Community market; Whereas, with a view to the sound administration of the aforementioned quotas and in particular in order to ensure that the quantities fixed are not exceeded, special detailed rules must be laid down to cover the submission of applications and the issue of licences; whereas such detailed rules must either supplement or derogate from Commission Regulation (EEC) No 3719/88 of 16 November 1998 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (°), as last amended by Regulation (EC) No 1404/97 (%; Whereas it should be stipulated that Commission Regula- tion (EC) No 1162/95 of 23 May 1995 laying down special detailed rules for the application of the system of import and export licences for cereals and rice (°), as last amended by Regulation (EC) No 932/97 (°), applies under this Regulation; Whereas the Commission adopted measures concerning the opening and administration of these tariff quotas on 5 July 1996; whereas these measures were not in accordance with the opinion of the Management Committee for Cereals; whereas the Commission deferred their applica- tion and communicated them to the Council; whereas, in accordance with Article 23(3) of Regulation (EEC) No 1766/92 ("), as last amended by Commission Regulation (EC) No 923/96 (°), the Council took a different decision within one month; whereas that decision relates to the monitoring by the Commission of traditional trade flows to the Community, particularly in terms of imports in small packages, and to the possible risk of subsidisation; whereas, therefore, the provisions introduced by the Council in this respect in Regulation (EC) No 1522/96 of 24 July 1996 opening and providing for the administra- tion of certain tariff quotas for imports of rice and broken rice (°), as last amended by Commission Regulation (EC) No 112/97 (), should be included; =} 331, 2. 12. 1988, p. 1. 194, 23. 7. 1997, p. 5. 117, 24. 5. 1995, p. 2. 135, 27. 5. 1997, p. 2. 181, 1. 7. 1992, p. 21. 126, 24. 5. 1996, p. 37. 190, 31. 7. 1996, p. 1. 20, 23. 1. 1997, p. 23. S 0000000 C S S S S ~CoCE e T T O RN N N N A O [