Commission Regulation (EC) No 1039/2008 of 22 October 2008 reintroducing customs duties on imports of certain cereals for the 2008/09 marketing year

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 establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Articles 143 and 187, in conjunction with Article 4 thereof,
Whereas:
(1) 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 Regulation (EC) No 608/2008, the fob price recorded in Community ports is below 180 % of 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 equilibrium.
(2) The fob price of common wheat, recorded in Community ports since 29 September 2008, is below 180 % of the reference price.
(3) 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.
(4) Given the interdependence of the markets in the various cereals and the rapid impact of changes in the price of one cereal on other cereals, the customs duties on products falling within CN codes 1001 90 99, 1001 10, 1002 00 00, 1003 00, 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.
(5) However, traders should not be penalised in cases where cereals are en route for importation into the Community. The time required for transport should therefore be taken into account and traders therefore allowed to release cereals for free circulation under the customs-duty suspension regime provided for in Regulation (EC) No 608/2008 for all products whose direct transport 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.
(6) For the sake of clarity, Regulation (EC) No 608/2008 should therefore be repealed.
(7) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,