Commission Regulation (EC) No 1039/2008 of 22 October 2008 reintroducing customs duties on imports of certain cereals for the 2008/09 marketing year
Date: 2008-10-22
Institutions: European Commission
Subjects: cereals, customs duties, import, restoration of customs duties

23.10.2008

EN

Official Journal of the European Union

L 280/5

COMMISSION REGULATION (EC) No 1039/2008

of 22 October 2008

reintroducing customs duties on imports of certain cereals for the 2008/09 marketing year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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,
Articles 143 and 187,

Whereas:

Commission Regulation (EC) No 608/2008 of 26 June
2008 temporarily suspending customs duties on imports
of certain cereals for the 2008/09 marketing year (2)
suspended customs duties on imports of certain cereals
both for tariff quotas at reduced duty and for imports at
the normal rate. Article 1(2) of that Regulation provides
that customs duties may be reintroduced at the levels and
under the conditions provided for in Article 136 of
Regulation (EC) No 1234/2007, where,
for one or
more of the products referred to in Article 1(1) of Regu­
the fob price recorded in
lation (EC) No 608/2008,
Community ports
the reference
price given in Article 8(1)(a) of Regulation (EC) No
1234/2007 or where the quantities available on the
Community market are sufficient to ensure market equi­
librium.

is below 180 % of

fob price of

The
Community ports since 29 September 2008,
180 % of the reference price.

common wheat,

recorded

in
is below

for

free circulation under

The time required for transport should therefore be taken
into account and traders therefore allowed to release
cereals
the customs-duty
suspension regime provided for in Regulation (EC) No
608/2008 for all products whose direct
to
the Community has started at the latest on the day on
which this Regulation is published. The evidence to be
provided proving direct transport to the Community and
the date on which the transport commenced should also
be established.

transport

(6)

(7)

For the sake of clarity, Regulation (EC) No 608/2008
should therefore be repealed.

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

1005 90 00,

1.
The application of customs duties on imports of products
falling within CN codes 1001 90 99, 1001 10, 1002 00 00,
and
1003 00,
the
1008 20 00 is hereby reintroduced for all
in accordance with Article 130 of
normal rate carried out
Regulation (EC) No 1234/2007 and for all
imports carried
out under
reduced duty opened in
the tariff quotas at
accordance with Article 144 of that Regulation.

1007 00 90,

1008 10 00

imports at

The conditions laid down for reintroducing customs
duties in accordance with Article 1(2)(a) of Regulation
(EC) No 608/2008 are therefore currently met for the
product referred to in the recital above.

2.
In accordance with Articles 135 and 136 of Regulation
(EC) No 1234/2007, the customs duties are reintroduced at the
levels as last laid down by Commission Regulation (EC) No
1026/2008 (3).

Given the interdependence of the markets in the various
cereals and the rapid impact of changes in the price of
the customs duties on
one cereal on other cereals,
1001 90 99,
products
1001 10,
1005 90 00,
1007 00 90, 1008 10 00 and 1008 20 00 should be
simultaneously reintroduced at the levels and under the
conditions provided for in Article 136 of Regulation (EC)
No 1234/2007.

falling within
1002 00 00,

CN codes
1003 00,

this
3. Where the cereals referred to in paragraph 1 of
Article undergo direct transport to the Community and such
transport began at the latest by the date of the publication of
this Regulation, the suspension of customs duties under Regu­
lation (EC) No 608/2008 shall continue to apply for the
purposes of the release into free circulation of the products
concerned.

(5)

However, traders should not be penalised in cases where
cereals are en route for importation into the Community.

Proof of direct transport to the Community and of the date on
which the transport commenced shall be provided, to the satis­
faction of the relevant authorities, on the basis of the original
transport document.

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 166, 27.6.2008, p. 19.

(3) OJ L 277, 18.10.2008, p. 31.

(1)

(2)

(3)

(4)

L 280/6

EN

Official Journal of the European Union

23.10.2008

The duration of that transport to carry the products to their destination shall be that strictly necessary
depending on the distance and method of transport.

Regulation (EC) No 608/2008 is repealed.

Article 2

Article 3

This Regulation shall enter into force on the third day following that of 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.

Done at Brussels, 22 October 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission