Commission Regulation (EC) No 731/2008 of 28 July 2008 derogating from Regulation (EC) No 1249/96 as regards the additional security required for the import of high-quality common wheat
Date: 2008-07-28
Institutions: European Commission
Subjects: CCT duties, common wheat, guarantee, import, import licence, product quality, suspension of customs duties

L 200/10

EN

Official Journal of the European Union

29.7.2008

COMMISSION REGULATION (EC) No 731/2008

of 28 July 2008

derogating from Regulation (EC) No 1249/96 as regards the additional security required for the
import of high-quality common wheat

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri­
cultural markets and on specific provisions for certain agri­
cultural products (Single CMO Regulation) (1), and in particular
in conjunction with Article 4 thereof,
Article 143(b) thereof,

Whereas:

(4)

(5)

(1)

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

(2)

Commission Regulation (EC) No 608/2008 suspended
customs duties on imports of certain cereals for the
2008/09 marketing year (4), which ends on 30 June
2009, while allowing them to be reintroduced before
that date should the market situation so warrant.

(1) OJ L 299, 16.11.2007, p. 1. Regulation as last amended by
Commission Regulation (EC) No 510/2008 (OJ L 149, 7.6.2008,
p. 61).

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

lation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

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

lation (EC) No 514/2008 (OJ L 150, 10.6.2008, p. 7).

(4) OJ L 166, 27.6.2008, p. 19.

The temporary suspension of customs duties in respect
of imports carried out on the basis of import licences
issued from 1 July 2008, in accordance with Article 2 of
Regulation (EC) No 608/2008, 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
conditions applicable to imports of common wheat since
the entry into force of Regulation (EC) No 608/2008, the
additional security of EUR 95 per tonne as provided for
in the second subparagraph of Article 5(1) of Regulation
(EC) No 1249/96 can no longer be justified until such
time as customs duties on imports are reinstated.

Regulation (EC) No 1249/96 should therefore be
derogated from and this Regulation should apply on
the same date as that established for the suspension of
custom duties (i.e. 1 July 2008),
to avoid operators
having to lodge the additional security.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for the Common Organisation of Agricultural
Markets,

HAS ADOPTED THIS REGULATION:

Article 1

the additional

By way of derogation from Article 5(1)(b) of Regulation (EC) No
1249/96,
security referred to in the said
provision shall not be required during the period of suspension
of customs duties on imports of common wheat as established
by Regulation (EC) No 608/2008.

Article 2

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

It shall apply from 1 July 2008.

29.7.2008

EN

Official Journal of the European Union

L 200/11

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

Done at Brussels, 28 July 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission