Commission Regulation (EC) No 1074/2008 of 31 October 2008 amending Regulation (EC) No 1249/96 on rules of application (cereal sector import duties) for Council Regulation (EEC) No 1766/92
Date: 2008-10-31
Institutions: European Commission
Subjects: CCT duties, common wheat, customs formalities, durum wheat, import licence, rice

1.11.2008

EN

Official Journal of the European Union

L 294/3

COMMISSION REGULATION (EC) No 1074/2008

of 31 October 2008

amending 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,

(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:

(1)

(2)

required where an import

The second subparagraph of Article 2(5) of Commission
Regulation (EC) No 1249/96 (2) stipulates that the ad­
ditional security of EUR 24 per tonne for flint maize is
not
licence application is
accompanied by a certificate of conformity issued by
the Argentine Servicio Nacional de Sanidad y Calidad
Agroalimentaria. In practice, however, this certificate of
conformity is attached to the transport documents and
so follows the goods. For administrative reasons, this
prevents the operators from availing themselves of the
security waiver as provided for by the Regulation.
In
order to resolve this situation,
the conditions under
which operators are required to provide the required
proof should be changed.

The first subparagraph of Article 5(1)(b) of Regulation
in the case of imports of
(EC) No 1249/96 provides,
common wheat of high quality, for a special security in
addition to those provided for by Commission Regu­
lation (EC) No 1342/2003 of 28 July 2003 laying
down special detailed rules for the application of the
import and export licences for cereals and
system of
rice (3). The additional security of EUR 95 per tonne is
justified by virtue of the difference in customs duties
imposed on imports of common wheat depending on
low or
whether
medium quality. Where customs duties for all quality
categories of common wheat have been suspended
under Article 187 of Regulation (EC) No 1234/2007
the above-mentioned additional security is no longer
justified and so should not be required for the entire
period in which the duties are suspended.

is of high quality or

the wheat

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 161, 29.6.1996, p. 125.
(3) OJ L 189, 29.7.2003, p. 12.

authorised by

Annex IVb to Regulation (EC) No 1249/96 contains a
blank certificate of
the
conformity
government of Canada for exports of common and
to the European Community and the
durum wheat
export grade
letter dated
specifications. By official
20 May 2008, the Canadian authorities informed the
Commission of an amendment to their blank certificate.
The blank certificate must therefore be amended.

(4)

(5)

Regulation (EC) No 1249/96 should therefore be
amended accordingly.

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

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1249/96 is hereby amended as follows:

1. The second subparagraph of Article 2(5) is replaced by the

following:

the importer shall

‘Notwithstanding Article 293(1)(e) of Regulation (EEC) No
2454/93,
lodge with the competent
authority an additional security of EUR 24 per tonne for
flint maize, except where an import licence is accompanied
by a certificate of conformity issued by the Argentine
Servicio Nacional de Sanidad y Calidad Agroalimentaria
(Senasa) mentioned in Article 6(1) of this Regulation.
In
such cases,
the type of certificate of conformity and its
number shall be entered in box 24 of the import licence
application and import licence itself.’

2. Article 5 is amended as follows:

(a)

in the second subparagraph of paragraph 1, the third
sentence is replaced by the following:

‘In such cases, the type of certificate of conformity and
its number shall be entered in box 24 of the import
licence application and import licence itself.’;

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Official Journal of the European Union

1.11.2008

(b) the following paragraph 3 is added:

‘3. Where customs duties for all quality categories of
common wheat have been suspended under Article 187
of Regulation (EC) No 1234/2007,
additional
security of EUR 95 per tonne referred to in paragraph
1 of this Article shall not be required for the entire
period in which the duties are suspended.’

the

3. In Annex IVb, the blank certificate of conformity authorised
by the government of Canada for common and durum
wheat and export grade specifications is replaced by the
blank certificate in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the third 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.

Done at Brussels, 31 October 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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Official Journal of the European Union

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ANNEX

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