# COMMISSION REGULATION (EC) No 2170/2005

of 28 December 2005

fixing the import duties applicable to semi-milled or wholly milled rice from 1 September 2005

## Preamble

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 1549/2004 of 30 August 2004 derogating from Council Regulation (EC) No 1785/2003 as regards the import arrangements for importing rice and laying down separate transition rules for imports of basmati rice [^1] , and in particular Article 1b,

Whereas:

**(1)** Based on the information provided by the competent authorities, the Commission notes that import licences for semi-milled and wholly milled rice falling within CN code 1006 30 have been issued in respect of 193 841 tonnes for 1 September 2004 to 31 August 2005. The import duty for semi-milled or wholly milled rice falling within CN code 1006 30 must therefore be amended.

**(2)** As the applicable duty must be fixed no later than three days from the end of the period referred to above, this Regulation must enter into force immediately.

**(3)** This amendment must take effect on 1 September 2005 in order to take account of the application on that date of Regulation (EC) No 2152/2005. Because this duty is being fixed retroactively, provision must be made to repay the traders concerned any overpayments of duty, at their request,

HAS ADOPTED THIS REGULATION:

## **Article 1**

The import duty for semi-milled or wholly milled rice falling with CN code shall be EUR 145 per tonne.

## **Article 2**

The amounts of duty exceeding the amount legally due booked since 1 September 2005 shall be repaid or remitted.

To this end, the traders concerned are invited to lodge applications in accordance with Article 236 of Council Regulation (EEC) No 2913/92 [^2] and the relevant implementing provisions contained in Commission Regulation (EEC) No 2454/93 [^3] .

## **Article 3**

This Regulation shall enter into force on the day of its publication in the *Official Journal of the European Union* .

It shall apply from 1 September 2005.

## Final provisions

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 28 December 2005. *For the Commission* J. M. SILVA RODRÍGUEZ *Director-General for Agriculture and Rural Development*

[^1] [OJ L 280, 31.8.2004, p. 13](http://publications.europa.eu/resource/oj/JOL_2004_280_R_TOC) . Regulation as last amended by Regulation (EC) No 2152/2005 ( [OJ L 342, 24.12.2005, p. 30](http://publications.europa.eu/resource/oj/JOL_2005_342_R_TOC) ).

[^2] [OJ L 302, 19.10.1992, p. 1](http://publications.europa.eu/resource/oj/JOL_1992_302_R_TOC) . Regulation as last amended by Regulation (EC) No 648/2005 of the European Parliament and of the Commission ( [OJ L 117, 4.5.2005, p. 13](http://publications.europa.eu/resource/oj/JOL_2005_117_R_TOC) ).

[^3] [OJ L 253, 11.10.1993, p. 1](http://publications.europa.eu/resource/oj/JOL_1993_253_R_TOC) . Regulation as last amended by Regulation (EC) No 883/2005 ( [OJ L 148, 11.6.2005, p. 5](http://publications.europa.eu/resource/oj/JOL_2005_148_R_TOC) ).

[^1]: . Regulation as last amended by Regulation (EC) No 2152/2005 ().
[^2]: . Regulation as last amended by Regulation (EC) No 648/2005 of the European Parliament and of the Commission ().
[^3]: . Regulation as last amended by Regulation (EC) No 883/2005 ().