31.8.2004 Official Journal of the European Union L 280/13 COMMISSION REGULATION (EC) No 1549/2004 of 30 August 2004 derogating from Council Regulation (EC) No 1785/2003 as regards the arrangements for importing rice and laying down separate transitional rules for imports of basmati rice THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice (1), and in particular Articles 10(2) and 11(4) thereof, Having regard to Council Decision 2004/619/EC of 11 August 2004 modifying the Community import regime with respect to rice in the Community (%), and in particular Article 2 thereof, Having regard to Council Decision 2004/617/EC of 11 August 2004 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and India pursuant to Article XXVIII of GATT 1994 relating to the modification of concessions with respect to rice provided for in Schedule CXL annexed to the GATT 1994 (%), and in particular Article 2 thereof, Having regard to Council Decision 2004/618/EC of 11 August 2004 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and Pakistan pursuant to Article XXVIII of GATT 1994 for the modification of concessions with respect to rice provided for in EC Schedule CXL annexed to the GATT 1994 (%), and in particular Article 2 thereof, Whereas: (1)  Decision 2004/619/EC modifies the import regime for husked rice and milled rice in the Community. Decisions 2004/617/EC and 2004/618/EC lay down conditions for importing basmati rice. This change in () O] L 270, 21.10.2003, p. 96. () O] L 279, 28.8.2004, p. 29. () O] L 279, 28.8.2004, p. 17. () O] L 279, 28.8.2004, p. 25. regime makes it necessary to amend Regulation (EC) No 1785/2003. In order to enable those Decisions to be applied on 1 September 2004, as provided for in the Agreements approved by those Decisions, it is necessary to derogate from Regulation (EC) No 1785/2003 for a transitional period expiring on the date of the entry into force of the amendment to that Regulation, and no later than 30 June 2005. (2)  Decisions 2004/617[EC and 2004/618EC also provide for a transitional import regime for basmati rice to be set in place until the entry into force of a definitive import regime for this type of rice. Specific transitional rules should be laid down. (3)  In order to be eligible for zero import duty, basmati rice must belong to a variety specified in the Agreements. In order to ascertain that basmati rice imported at a zero rate of duty meets those characteristics, it should be covered by an authenticity certificate drawn up by the competent authorities. (4 In order to prevent fraud, provision should be made for measures to check the variety of basmati rice declared. (5)  The transitional import regime for basmati rice provides for a procedure for consulting the exporting country in the event of disturbance on the market and possibly applying the full rate of duty if a satisfactory solution has not been found at the end of the consultations. It would be appropriate to define from what point the market may be considered to be disturbed. (6)  Following the introduction of this transitional regime, Commission Regulation (EC) No 1503/96 of 29 July 1996 on the detailed rules for the application of Council Regulation (EC) No 3072/95 with regard to import duties on rice should be repealed (°). (®) OJ L 189, 30.7.1996, p. 71. Regulation last amended by Regulation (EC) No 2294/2003 (O] L 340, 24.12.2003, p. 12).