Commission Regulation (EC) No 245/2008 of 17 March 2008 derogating from Regulation (EC) No 1249/96 on rules of application (cereal sector import duties) for Council Regulation (EEC) No 1766/92
Date: 2008-03-17
Institutions: European Commission
Subjects: CCT duties, cereals, customs duties, import

L 75/62

EN

Official Journal of the European Union

18.3.2008

COMMISSION REGULATION (EC) No 245/2008

of 17 March 2008

derogating from Regulation (EC) No 1249/96 on rules of application (cereal sector import duties)
for Council Regulation (EEC) No 1766/92

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

conditions applicable to imports of common wheat since
the entry into force of Regulation (EC) No 1/2008, the
additional security of EUR 95 per tonne as provided for
in Article 5(1), first subparagraph, point (b) of Regulation
(EC) No 1249/96 can no longer be justified until such
time as customs duties on imports are reinstated.

Having regard to Council Regulation (EC) No 1784/2003 of
29 September 2003 on the common organisation of
the
market in cereals (1), and in particular Article 10(4) thereof,

(4)

Since the publication of Regulation (EC) No 1/2008, this
additional security has however been lodged by some
operators.
the financial constraints
that such operators face as a result, provision should
be made for the said security to be released immediately.

In order to limit

Whereas:

(1)

(2)

(3)

Article 5(1), first subparagraph, point (b) of Commission
Regulation (EC) No 1249/96 of 28 June 1996 on rules
of application (cereal sector import duties) for Council
Regulation (EEC) No 1766/92 (2), lays down the principle
of a specific security for imports of high-quality common
wheat,
in addition to that required under Commission
Regulation (EC) No 1342/2003 of 28 July 2003 laying
down special detailed rules for the application of the
system of
import and export licences for cereals and
rice (3). This additional security of EUR 95 per tonne is
justified by the different customs duties on imports in
force
common wheat
depending on whether the wheat is of high quality or
low and medium quality.

categories of

different

for

(5)

A derogation should therefore be granted from Regu-
lation (EC) No 1249/96.

(6)

In order to avoid the continued lodging of the additional
security by operators and in view of the need to release
as soon as possible the securities lodged since 4 January
2008,
this Regulation should enter into force imme-
diately.

(7)

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee for Cereals,

Council Regulation (EC) No 1/2008 (4)
temporarily
suspended customs duties on imports of certain cereals
for the 2007/08 marketing year, which ends on 30 June
2008, while allowing them to be reintroduced before
that date should the market situation so warrant.

HAS ADOPTED THIS REGULATION:

The temporary suspension of customs duties in respect
of imports carried out on the basis of import licences
issued from 4 January 2008, in accordance with Article 2
of Regulation (EC) No 1/2008, has meant the temporary
removal of the specific circumstances justifying the estab-
lishment of a system of specific securities additional to
those inherent in import licences. In view of those new

Article 1

1.
By way of derogation from Article 5(1), first subpara-
graph, point (b) of Regulation (EC) No 1249/96, the additional
security referred to in the said provision shall not be required
during the suspension of customs duties on imports of certain
cereals as established by Regulation (EC) No 1/2008.

(1) OJ L 270, 21.10.2003, p. 78. Regulation as last amended by Regu-

lation (EC) No 735/2007 (OJ L 169, 29.6.2007, p. 6).

(2) OJ L 161, 29.6.1996, p. 125. Regulation as last amended by Regu-

lation (EC) No 1816/2005 (OJ L 292, 8.11.2005, p. 5).

(3) OJ L 189, 29.7.2003, p. 12. Regulation as last amended by Regu-

lation (EC) No 1996/2006 (OJ L 398, 30.12.2006, p. 1).

(4) OJ L 1, 4.1.2008, p. 1.

2.
The additional securities referred to in paragraph 1, which
have been lodged since 4 January 2008 shall be released imme-
diately.

18.3.2008

EN

Official Journal of the European Union

L 75/63

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

Article 2

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

Done at Brussels, 17 March 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission