Commission Regulation (EC) No 76/2009 of 26 January 2009 amending Regulation (EC) No 504/2007 laying down detailed rules for the application of the arrangements for additional import duties in the milk and milk products sector
Date: 2009-01-26
Institutions: European Commission
Subjects: CCT duties, codification of EU law, import, import price, milk product, representative price

27.1.2009

EN

Official Journal of the European Union

L 23/3

COMMISSION REGULATION (EC) No 76/2009

of 26 January 2009

amending Regulation (EC) No 504/2007 laying down detailed rules for the application of the
arrangements for additional import duties in the milk and milk products sector

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
Article 143(b) in conjunction with Article 4 thereof,

Whereas:

(1)

(2)

import price of

the
for the establishment of

Article 4(1) of Commission Regulation (EC) No
504/2007 (2) provides
importer may, on
that
the additional duty,
request,
have the cif
in
the consignment
question applied, where this is more than the applicable
representative price referred to in Article 2(2) thereof. In
the absence of such request, paragraph 3 of the same
Article provides that the additional duty is to be estab­
lished on the basis of the representative price referred to
in Article 2(2) of the said Regulation.

The Court of Justice of the European Communities in its
judgment given on 13 December 2001 in Case C-317/99
Kloosterboer Rotterdam BV v Minister van Landbouw, Natuur­
beheer en Visserij (3) stated that paragraphs 1 and 3 of
Article 3 of Commission Regulation (EC) No 1484/95
of 28 June 1995 laying down detailed rules for imple­
menting the system of additional
import duties and
fixing additional
import duties in the poultrymeat and
egg sectors and for egg albumin, and repealing Regu­
lation No 163/67/EEC (4), are invalid, inasmuch as they
provide that the additional duty referred to therein is, as
a general rule, established on the basis of the representa­
tive price laid down in Article 2(1) of Regulation (EC)
No 1484/95 and that the duty is established on the basis
of the cif import price of the shipment concerned only if
the importer so requests. Those paragraphs were identical
to Article 4(1) and (3) of Regulation (EC) No 504/2007.
Article 28(3) of Council Regulation (EC) No 1255/1999
of 17 May 1999 on the common organisation of the
in milk and milk products (5) corresponds to
market
Article 5(3) of Regulation (EEC) No 2777/75 of
the
Council of 29 October 1975 on the common organis­

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 119, 9.5.2007, p. 7.
(3) European Court reports 2001 Page I-09863.
(4) OJ L 145, 29.6.1995, p. 47.
(5) OJ L 160, 26.6.1999, p. 48.

ation of the market in poultrymeat (6). Article 4 of Regu­
lation (EC) No 504/2007 should therefore be amended
accordingly.

In order to comply with the Court ruling, Regulation
(EC) No 504/2007 should be amended accordingly.

As from 1 January 2008, some CN codes of Chapter 4
have been amended by Commission Regulation (EC) No
1214/2007 of 20 September 2007 amending Annex I to
Council Regulation (EEC) No 2658/87 on the tariff and
statistical nomenclature and on the Common Customs
Tariff (7). The Annex to Regulation (EC) No 504/2007
should be amended accordingly.

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

(3)

(4)

(5)

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 504/2007 is amended as follows:

1.

in Article 2 paragraph 3 is replaced by the following:

‘3.
The additional duties applicable pursuant to Article 4
shall be fixed by the Commission at the same time as the
representative prices.’;

2. the introductory phrase of the first paragraph of Article 3 is

replaced by the following:

‘If
the difference between the trigger price in question
referred to in Article 1(2) and the cif import price of the
consignment in question:’;

3. Article 4 is replaced by the following:

‘Article 4

The additional duty shall be established on the basis of
in question in

1.
the cif
the consignment
accordance with the provisions of Article 3.

import price of

(6) OJ L 282, 1.11.1975, p. 77.
(7) OJ L 286, 31.10.2007, p. 1.

L 23/4

EN

Official Journal of the European Union

27.1.2009

cif

import price per 100 kg of

a
2. When the
consignment
is higher than the applicable representative
price referred to in Article 2(2), the importer shall present
to the competent authorities of the importing Member States
at least the following proofs:

(a)

the purchasing
document;

contract or

any other

equivalent

(b) the insurance contract;

(c)

the invoice;

(d) the certificate of origin (where applicable);

(e)

the transport contract;

(f) and, in the case of sea transport, the bill of lading.

In the case referred to in paragraph 2, the importer
3.
must
lodge the security referred to in Article 248(1) of
Commission Regulation (EEC) No 2454/93 (*), equal to the
amount of additional duty which he would have paid if the
calculation of the additional duty had been made on the
basis of the representative price applicable to the product
in question.

4.
The importer shall have one month from the sale of
the products in question, subject to a limit of six months
from the date of acceptance of the declaration of release for
free circulation, to prove that the consignment was disposed
of under conditions confirming the correctness of the prices
referred to in paragraph 2. Failure to meet one or other of
these deadlines shall entail the loss of the security lodged.
However, the time limit of six months may be extended by
the competent authorities by a maximum of three months at
the request of the importer, which must be duly substan­
tiated.

The security lodged shall be released to the extent that proof
of the conditions of disposal is provided to the satisfaction
of the customs authorities.

Otherwise, the security shall be forfeit by way of payment of
the additional duties.

recover

5.
If on verification the competent authorities establish
that the requirements of this Article have not been met,
they shall
in accordance with
the duty due
Article 220 of Regulation (EEC) No 2913/92. The amount
of the duty to be recovered or remaining to be recovered
shall include interest from the date the goods were released
for free circulation up to the date of recovery. The interest
rate applied shall be that in force for recovery operations
under national law.

___________
(*) OJ L 253, 11.10.1993, p. 1.’;

4. Annex I is amended as follows:

(a)

in the first column:

— code 0402 91 11 is replaced by code 0402 91 10,

— code 0402 91 31 is replaced by code 0402 91 30,

— code 0402 99 11 is replaced by code 0402 99 10;

(b) the codes 0402 91 19 and 0402 91 39, and the data

related to those codes, are deleted.

Article 2

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

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

Done at Brussels, 26 January 2009.

For the Commission

Mariann FISCHER BOEL
Member of the Commission