02010R0642 — EN — 25.07.2017 — 004.001

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►B COMMISSION REGULATION (EU) No 642/2010 of 20 July 2010 on rules of application (cereal sector import duties) for Council Regulation (EC) No 1234/2007 (codification) (OJ L 187 21.7.2010, p. 5)

Amended by:









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COMMISSION REGULATION (EU) No 642/2010

of 20 July 2010

on rules of application (cereal sector import duties) for Council Regulation (EC) No 1234/2007

(codification)







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Article 1

1. Notwithstanding the rates of import duty in the Common Customs Tariff, the import duty on products falling within CN codes 1001 11 00 , 1001 19 00 , ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high-quality common wheat other than seed), 1002 10 00 , 1002 90 00 , 1005 10 90 , 1005 90 00 , 1007 10 90 and 1007 90 00 shall be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the conventional rate of duty as determined on the basis of the Combined Nomenclature.

2. For the purposes of calculating the import duty referred to in paragraph 1, representative cif import prices shall be established on a regular basis for the products referred to in that paragraph.

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3. The Common Customs Tariff duty rates referred to in paragraph 1 shall be those applicable on the date referred to in Article 172(2) of Regulation (EU) No 952/2013 of the European Parliament and of the Council ( 1 ).

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Article 2

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1. The import duty referred to in Article 1(1) shall be calculated daily by the Commission.

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

The import price to be used for the calculation of the import duty shall be the daily cif representative import price determined using the method provided for in Article 5 of this Regulation.

2. The import duty fixed by the Commission shall be equal to the average of the import duties calculated during the previous 10 working days.

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 fixed or if the average is once again nil.

On the occasion of each fixing, the import duty and the factors used for their calculation shall be published in the Official Journal of the European Union ( 2 ).

The import duty fixed shall apply from the date of publication.

The import duty fixed under this Regulation shall apply until a new import duty is fixed and enters into force.

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4. 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 via 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 the United Kingdom, in Ireland, in Denmark, in Estonia, in Latvia, in Lithuania, in Poland, in Finland and in Sweden and where the goods arrive via the Atlantic Ocean, the Commission shall reduce the import duty by EUR 2 per tonne.

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

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Article 3

1. Import duties shall be reduced by EUR 24 per tonne on flint maize meeting the specifications laid down in Annex II.

2. In order to benefit from the reduction provided for in paragraph 1, flint maize must be processed into a product of CN codes 1904 10 10 , 1103 13 or 1104 23 within six months from the date of acceptance of entry for free circulation.

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3. The end-use provisions of Article 254(1), (4) and (5) of Regulation (EU) No 952/2013 shall apply.

4. Notwithstanding Article 211(3)(c) of Regulation (EU) No 952/2013, for flint maize, the importer shall lodge with the competent authority a specific security of EUR 24 per tonne, except where the declaration of release for free circulation is accompanied by a certificate of conformity issued by the Argentine Servicio National de Sanidad y Calidad Agroalimentaria (Senasa) in accordance with point (a) of the first subparagraph of Article 7(2) of this Regulation.

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

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Article 4

The quality standards to be met on importation into the Union and the tolerances allowed shall be those shown in Annex II.

Article 5

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1. For high quality soft wheat and maize other than seed, as referred to in Article 1(1) of this Regulation, the components determining the representative cif import prices referred to in Article 1(2) shall be:

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

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

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

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2. The Commission shall record each working day:

(a) the component referred to in paragraph 1(a) from the exchanges and using the reference qualities shown in Annex III;

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

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3. With a view to calculating the component referred to in paragraph 1(b) or the relevant fob quotation, a premium of EUR 14 per tonne of high quality soft wheat shall apply.

4. The representative cif import prices for high quality common wheat and maize other than seed shall be the sum of the components referred to in points (a), (b) and (c) of paragraph 1.

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.

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Article 6

1. For high quality common wheat, the importer shall lodge with the competent authority a specific security of EUR 95 per tonne on the date of acceptance of the declaration of release for free circulation, except where that declaration is accompanied by a certificate of conformity issued by the Federal Grain Inspection Service (FGIS) or by the Canadian Grain Commission (CGC) in accordance with point (b) or (c) of the first subparagraph of Article 7(2).

If, however, import duties for all quality categories of common wheat have been suspended under Article 219 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council ( 3 ), the specific security shall not be required for the entire period during which the duties are suspended.

2. For durum wheat, the importer shall lodge with the competent authority a specific security on the date of acceptance of the declaration of release for free circulation, except where that declaration is accompanied by a certificate of conformity issued by the Federal Grain Inspection Service (FGIS) or by the Canadian Grain Commission (CGC) in accordance with point (b) or (c) of the first subparagraph of Article 7(2).

The amount of the specific security shall be the difference on the day of acceptance of the declaration of release for free circulation between the highest import duty and that applicable to the quality shown, plus a supplement of EUR 5 per tonne. However, where the import duty applicable to the different qualities of durum wheat is zero, the specific security shall not be required.

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Article 7

1. The customs office of release for free circulation shall take representative samples, in accordance with Annex I to Commission Regulation (EC) No 152/2009 ( 4 ), of every consignment of high quality common wheat, of durum wheat and of flint maize. However, sampling shall not take place where the import duty for the different qualities is the same.

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.

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2. The following certificates of conformity shall be officially recognised by the Commission pursuant to the principles laid down in Articles 58 and 59 of Commission Implementing Regulation (EU) 2015/2447 ( 5 ):

(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 of America 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.

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A blank specimen of the certificates of conformity issued by Senasa is given in Annex IV. Reproduction of the stamps authorised by the Argentine government shall be published in the Official Journal of the European Union.

Blank specimens of the certificates of conformity and stamps issued by the FGIS are given in Annex V.

Blank specimens of the certificates of conformity, export specifications and stamps issued by the CGC are given in Annex VI.

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 given in Annex II, samples shall be taken of at least 3 % of the cargoes arriving at each entry port during the marketing year.

The goods shall be classed in the standard quality for which all the requirements indicated in Annex II are met.

3. The standard methods for the determinations referred to in paragraph 1 shall be those given in Commission Regulation (EU) No 1272/2009 ( 6 ).

Flint maize is 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 is given in Annex VII.

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4. If the analysis results show the imported high quality common wheat, durum wheat and flint maize to be of a lower standard quality than entered on the declaration of release for free circulation, the importer shall pay the difference between the import duty applicable to the product shown on the declaration and that on the product actually imported. In this case, the specific security provided for in Article 3(4) and Article 6(1) and (2) shall be released, except for the EUR 5 supplement provided for in the second subparagraph of Article 6(2).

If the difference referred to in the first subparagraph is not paid within one month, the specific security provided for in Article 3(4) and Article 6(1) and (2) shall be forfeit.

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5. Representative samples of imported cereals taken by the competent authority of the Member State shall be retained for six months.

Article 8

Regulation (EC) No 1249/96 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex IX.

Article 9

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

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ANNEX I

Model referred to in Article 2(4)

Product unloaded (CN code and, for common wheat, durum wheat and maize, quality declared in accordance with Article 5): …

Quantity unloaded (in kilograms): …

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ANNEX II

Classification standards for imported products

(on the basis of a moisture content of 12 % by weight or equivalent)







Product Common wheat and spelt (1) excluding meslin Durum wheat Flint maize CN code ex 1001 91 20 and ex 1001 99 00 1001 11 00 and 1001 19 00 ex 1005 90 00 Quality (2) High Medium Low High Medium Low 1. Minimum protein percentage 14,0 11,5 — — — — — 2. Minimum specific weight kg/hl 77,0 74,0 — 76,0 76,0 — 76,0 3. Maximum impurity percentage (Schwarzbesatz) 1,5 1,5 — 1,5 1,5 — — 4. Minimum vitreous grain percentage — — — 75,0 62,0 — 95,0 5. Maximum flotation index — — — — — — 25,0 (1) Including husked spelt. (2) The methods of analysis provided for in Part IV of Annex I to Regulation (EU) No 1272/2009 are applicable.







Tolerances Permitted tolerance Common/durum wheat Flint maize Protein percentage – 0,7 — Minimum specific weight – 0,5 – 0,5 Maximum impurity percentage + 0,5 — Vitreous grain percentage – 2,0 – 3,0 Flotation index — + 1,0 ‘—’: not applicable.









ANNEX III







Quotation exchanges and reference varieties Product Common wheat Maize Standard quality High Reference variety (type/grade) for exchange quotation Hard Red Spring No 2 Yellow Corn No 3 Quotation exchange Minneapolis Grain Exchange Chicago Mercantile Exchange

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ANNEX IV

BLANK QUALITY CERTIFICATE FROM SENASA AUTHORISED BY ARGENTINE GOVERNMENT (ARTICLE 7(2))









ANNEX V

BLANK CERTIFICATE OF CONFORMITY AUTHORISED BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA FOR COMMON WHEAT

BLANK CERTIFICATE OF CONFORMITY AUTHORISED BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA FOR DURUM WHEAT









ANNEX VI

BLANK CERTIFICATE OF CONFORMITY AUTHORISED BY THE GOVERNMENT OF CANADA FOR COMMON AND DURUM WHEAT AND EXPORT GRADE SPECIFICATIONS

Export grade specifications for Canadian common and durum wheat

COMMON WHEAT







Canada Western Red Spring (CWRS) Test weight Total foreign material including other cereal grains No 1 CWRS (Min.) 79,0 kg/hL (Max.) 0,4 % including 0,2 % other seeds No 2 CWRS (Min.) 77,5 kg/hL (Max.) 0,75 % including. 0,2 % other seeds No 3 CWRS (Min.) 76,5 kg/hL (Max.) 1,25 % including 0,2 % other seeds







Canada Western Extra Strong Red Spring (CWES) Test weight Total foreign material including other cereal grains No 1 CWES (Min.) 78,0 kg/hL (Max.) 0,75 % including 0,2 % other seeds No 2 CWES (Min.) 76,0 kg/hL (Max.) 1,5 % including 0,2 % other seeds







Canada Prairie Spring Red (CPSR) Test weight Total foreign material including other cereal grains No 1 CPSR (Min.) 77,0 kg/hL (Max.) 0,75 % including 0,2 % other seeds No 2 CPSR (Min.) 75,0 kg/hL (Max.) 1,5 % including 0,2 % other seeds







Canada Prairie Spring White (CPSW) Test weight Total foreign material including other cereal grains No 1 (CPSW) (Min.) 77,0 kg/hL (Max.) 0,75 % including 0,2 % other seeds No 2 (CPSW) (Min.) 75,0 kg/hL (Max.) 1,5 % including 0,2 % other seeds







Canada Western Red Winter (CWRW) Test weight Total foreign material including other cereal grains No 1 CWRW (Min.) 78,0 kg/hL (Max.) 1,0 % including 0,2 % other seeds No 2 CWRW (Min.) 74,0 kg/hL (Max.) 2,0 % including 0,2 % other seeds







Canada Western Soft White Spring (CWSWS) Test weight Total foreign material including other cereal grains No 1 CWSWS (Min.) 78,0 kg/hL (Max.) 0,75 % including 0,2 % other seeds No 2 CWSWS (Min.) 75,5 kg/hL (Max.) 1,0 % including 0,2 % other seeds No 3 CWSWS (Min.) 75,0 kg/hL (Max.) 1,5 % including 0,2 % other seeds







DURUM WHEAT Canada Western Amber Durum (CWAD) Test weight Total foreign material including other cereal grains No 1 CWAD (Min.) 80,0 kg/hL (Max.) 0,5 % including 0,2 % other seeds No 2 CWAD (Min.) 79,5 kg/hL (Max.) 0,8 % including 0,2 % other seeds No 3 CWAD (Min.) 78,0 kg/hL (Max.) 1,0 % including 0,2 % other seeds No 4 CWAD (Min.) 75,0 kg/hL (Max.) 3,0 % including 0,2 % other seeds Notes: ‘Other Cereal Grains’: In these grades, include only oats, barley, rye and triticale. ‘Common wheat’: For common wheat exports, the Canadian Grain Commission will supply documentation with the certificate specifying the protein percentage for the cargo in question. ‘Durum wheat’: For durum wheat exports, the Canadian Grain Commission will supply documentation with the certificate attesting to the vitreous kernel percentage and specific weight (kilograms/hectolitre) of the cargo in question.









ANNEX VII

STANDARD METHOD FOR DETERMINING FLOTATION INDEX (ARTICLE 7(3))

Prepare an aqueous solution of sodium nitrate of specific weight 1,25 and conserve it at 35 °C.

Place in the solution 100 grains of maize from a representative sample of maximum moisture content 14,5 %.

Shake the solution at 30 second intervals for five minutes to eliminate air bubbles.

Separate the floating from the submerged grains and count them.

The flotation index is calulated as follows:

Flotation index for trial = (number of floating grains/number of submerged grains) × 100

Repeat five times.

The flotation index is the arithmetic mean for the five trials excluding the two extreme values.









ANNEX VIII







Repealed Regulation with list of its successive amendments Commission Regulation (EC) No 1249/96 (OJ L 161, 29.6.1996, p. 125). Commission Regulation (EC) No 641/97 (OJ L 98, 15.4.1997, p. 2). Commission Regulation (EC) No 2092/97 (OJ L 292, 25.10.1997, p. 10). Commission Regulation (EC) No 2519/98 (OJ L 315, 25.11.1998, p. 7). Commission Regulation (EC) No 2235/2000 (1) (OJ L 256, 10.10.2000, p. 13). Article 2 only Commission Regulation (EC) No 2104/2001 (OJ L 283, 27.10.2001, p. 8). Commission Regulation (EC) No 597/2002 (OJ L 91, 6.4.2002, p. 9). Commission Regulation (EC) No 1900/2002 (OJ L 287, 25.10.2002, p. 15). Commission Regulation (EC) No 1110/2003 (OJ L 158, 27.6.2003, p. 12). Commission Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50). Article 5 only Commission Regulation (EC) No 1074/2008 (OJ L 294, 1.11.2008, p. 3). Commission Regulation (EC) No 459/2009 (OJ L 139, 5.6.2009, p. 3). Commission Regulation (EU) No 170/2010 (OJ L 51, 2.3.2010, p. 8). (1) Regulation as amended by Regulation (EC) No 2015/2001 (OJ L 272, 13.10.2001, p. 31).









ANNEX IX







CORRELATION TABLE Regulation (EC) No 1249/96 This Regulation Article 1 Article 1 Article 2(1) first and second sentences Article 2(1) first subparagraph Article 2(1) third sentence Article 2(1) second subparagraph Article 2(2) Article 2(2) Article 2(3) Article 2(3) Article 2(4) first subparagraph, first indent Article 2(4), first subparagraph, point (a) Article 2(4) first subparagraph, second and third indents Article 2(4), first subparagraph, point (b) Article 2(4) second subparagraph Article 2(4) second subparagraph Article 2(5) first subparagraph, first sentence Article 3(1) Article 2(5) first subparagraph, second sentence Article 3(2) Article 2(5) first subparagraph, third sentence Article 3(3) Article 2(5) second subparagraph Article 3(4) first subparagraph Article 2(5) third subparagraph Article 3(4) second subparagraph Article 2a — Article 3 Article 4 Article 4(1) Article 5(1) Article 4(2) Article 5(2) Article 4(3) first, second and third indents Article 5(3) points (a), (b) and (c) Article 4(4) Article 5(4) Article 4(5) Article 5(5) Article 5 Article 6 Article 6(1) Article 7(1) Article 6(1a) first subparagraph, first, second and third indents Article 7(2) first subparagraph, points (a), (b) and (c) Article 6(1a) second to sixth subparagraphs Article 7(2) second to sixth subparagraphs Article 6(2) first subparagraph Article 7(3) first subparagraph Article 6(2) second subparagraph Article 7(3) second subparagraph Article 6(2) third subparagraph, first and second indents Article 7(2) third subparagraph, points (a) and (b) Article 6(2) fourth subparagraph Article 7(2) fourth subparagraph Article 6(2) fifth subparagraph Article 7(2) fifth subparagraph Article 6(3) Article 7(4) Article 6(4) Article 7(5) Article 7 — Article 8 — — Article 8 — Article 9 Annex I Annex II Annex II Annex III Annex III — Annex IV Annex IV Annex IVa Annex V Annex IVb Annex VI Annex V Annex VII Annex VI Annex I — Annex VIII — Annex IX