10.4.2003 Official Journal of the European Union L 93/3 COMMISSION REGULATION (EC) No 638/2003 of 9 April 2003 laying down detailed rules for applying Council Regulation (EC) No 2286/2002 and Council Deci- sion 2001/822/EC as regards the arrangements applicable to imports of rice originating in the African, Caribbean and Pacific States (ACP States) and the overseas countries and territories (OCT) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice ("), as last amended by Regulation (EC) No 411/2002 (3, and in particular Article 9(2) thereof, Having regard to Council Regulation (EC) No 2286/2002 of 10 December 2002 on the arrangements applicable to agricultural products and goods resulting from the processing of agricul- tural products originating in the African, Caribbean and Pacific States (ACP States) and repealing Regulation (EC) No 1706/ 98 (), and in particular Article 5 thereof, Having regard to Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community, hereinafter called the ‘OCT Decision’ (*), and in particular the seventh subparagraph of Article 6(5) of Annex III thereto, Whereas: (1) Regulation (EC) No 2286/2002 implements the arrange- ments for imports from the ACP States made as a result of the ACP-EC Partnership Agreement signed in Cotonou on 23 June 2000 (). Article 1(3) of that Regulation introduces general arrangements for reducing customs duties on the products listed in Annex I thereto and specific arrangements for reducing customs duties on certain products covered by tariff quotas listed in Annex I thereto. Provision is made for annual quotas of 125 000 tonnes of rice, in husked rice equivalent, and 20 000 tonnes of broken rice. Decision 2001/822/EC provides that ACP/OCT cumula- tion of origin within the meaning of Article 6(1) and (5) of Annex III thereto is to be allowed for a total annual quantity of 160 000 tonnes in husked-rice equivalent, for products falling within CN code 1006. To begin with, import licences covering 35 000 tonnes from that total quantity are issued to the OCTs each year, and import licences for a further 10 000 tonnes are issued for the least developed OCTs. 1 () OJ L 329, 30.12.1995, p. 18. () OJ L 62, 5.3.2002, p. 27. () OJ L 348, 21.12.2002, p. 5. () OJ L 314, 30.11.2001, p. 1. () OJ L 317, 15.12.2000, p. 3. 5 3) 6 0 () (9 ) ( 0 9 (0) (0) 0) 0) — == To ensure that these import arrangements are properly managed, the detailed rules for issuing import licences for rice originating in the ACP States and OCTs should be laid down in a single text. Commission Regulation (EC) No 2603/97 of 16 December 1997 laying down the detailed implementing rules for imports of rice origi- nating in the ACP States or the overseas countries and territories (OCTs) (¢) should therefore be repealed. For the purposes of administering the tariff quotas concerned, the general rules laid down in Commission Regulation (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 2333/ 2002 (%), and Commission Regulation (EC) No 1291/ 2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agri- cultural products (%), as last amended by Regulation (EC) No 2299/2001 ("), shall apply in cases not covered by the specific rules in this Regulation. The issue of import licences is to be staggered over the year in periods fixed to ensure balanced market manage- ment. Arrangements are needed for carrying unused quantities forward from one period to the next. Duty may be reduced on condition that the exporting ACP State collects an export charge equivalent to the duty reduction, as provided for in Annex II to Regulation (EC) No 2286/2002. Detailed rules should be laid down to proof that the charge has been paid. Imports must be covered by import licences issued on the basis of an export licence issued by bodies authorised by the ACP States and OCTs. Licences not used by the least developed OCTs must be made available to the Netherlands Antilles and Aruba, without precluding the possibility of carrying quantities forward to subsequent periods in the year. L 351, 23.12.1997, p. 22. L 117, 24.5.1995, p. 2. L 349, 24.12.2002, p. 24. L 152, 24.6.2000, p. 1. % OJ L 308, 27.11.2001, p. 19.