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
Modified by
  • Commission Regulation (EC) No 641/97of 14 April 1997amending Commission Regulation (EC) No 1249/96 of 28 June 1996 on rules of application (cereals sector import duties) for Council Regulation (EEC) No 1766/92Corrigendum to Commission Regulation (EC) No 641/97 of 14 April 1997 amending Commission Regulation (EC) No 1249/96 of 28 June 1996 on rules of application (cereals sector import duties) for Council Regulation (EEC) No 1766/92(Official Journal of the European Communities L 98 of 15 April 1997), 397R0641397R0641R(01), April 15, 1997
  • Council Regulation (EC) No 1103/97of 17 June 1997on certain provisions relating to the introduction of the euro, 397R1103, June 19, 1997
  • Commission Regulation (EC) No 2092/97of 24 October 1997amending Regulation (EC) No 1249/96 on rules of application (cereals sector import duties) for Council Regulation (EEC) No 1766/92, 397R2092, October 25, 1997
  • Commission Regulation (EC) No 2519/98of 24 November 1998amending Regulation (EC) No 1249/96 on rules of application (cereals sector import duties) for Council Regulation (EEC) No 1766/92, 398R2519, November 25, 1998
  • Commission Regulation (EC) No 2235/2000of 9 October 2000amending Regulations (EC) No 1839/95 laying down detailed rules for the application of tariff quotas for imports of maize and sorghum into Spain and imports of maize into Portugal and (EC) No 1249/96 on rules of application (cereal sector import duties) for Council Regulation (EEC) No 1766/92Commission Regulation (EC) No 2015/2001of 12 October 2001amending Regulation (EC) No 2235/2000 as regards the period of application of certain provisions of Regulations (EC) No 1839/95 and (EC) No 1249/96, 300R2235301R2015, October 10, 2000
  • Commission Regulation (EC) No 2015/2001of 12 October 2001amending Regulation (EC) No 2235/2000 as regards the period of application of certain provisions of Regulations (EC) No 1839/95 and (EC) No 1249/96, 301R2015, October 13, 2001
  • Commission Regulation (EC) No 2104/2001of 26 October 2001amending Regulation (EC) No 1249/96 on rules of application (cereals sector import duties) for Council Regulation (EEC) No 1766/92, 301R2104, October 27, 2001
  • Commission Regulation (EC) No 597/2002of 5 April 2002amending Regulation (EC) No 1249/96 on rules of application (cereal sector import duties) for Council Regulation (EEC) No 1766/92 on the common organisation of the market in cereals, 302R0597, April 6, 2002
  • Commission Regulation (EC) No 1900/2002of 24 October 2002amending Regulation (EC) No 1249/96 on rules of application (cereal sector import duties) for Council Regulation (EEC) No 1766/92, 302R1900, October 25, 2002
  • Commission Regulation (EC) No 1110/2003of 26 June 2003amending Regulation (EC) No 1249/96 on rules of application (cereal sector import duties) for Council Regulation (EEC) No 1766/92, 303R1110, June 27, 2003
  • Commission Regulation (EC) No 777/2004of 26 April 2004adapting several regulations concerning the cereal market by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union, 304R0777, April 27, 2004
  • Commission Regulation (EC) No 1074/2008of 31 October 2008amending Regulation (EC) No 1249/96 on rules of application (cereal sector import duties) for Council Regulation (EEC) No 1766/92, 308R1074, November 1, 2008
Corrected by
  • Corrigendum to Commission Regulation (EC) No 641/97 of 14 April 1997 amending Commission Regulation (EC) No 1249/96 of 28 June 1996 on rules of application (cereals sector import duties) for Council Regulation (EEC) No 1766/92, 397R0641R(01), February 5, 1998
Commission Regulation (EC) No 1249/96of 28 June 1996on rules of application (cereal sector import duties) for Council Regulation (EEC) No 1766/92 THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organization of the market in cerealsOJ No L 181, 1.7.1992, p. 1., as last amended by Regulation (EC) No 923/96OJ No L 126, 24.5.1996, p. 37., and in particular Article 10 (4) thereof,Whereas Article 10 of Regulation (EEC) No 1766/92 provides for the common customs tariff duties to be charged when the products listed in Article 1 thereof are imported; whereas however for the products listed in paragraph 2 of that Article the import duty is to be the intervention price valid at the time of importation increased by 55 % and then reduced by the cif import price applicable to the consignment;Whereas for the purposes of grading imported lots the products covered by Article 10 (2) of Regulation (EEC) No 1766/92 are in certain cases to be classed in several standard qualities; whereas the standard qualities to be used should therefore be determined using objective grading criteria and tolerance rates should also be set allowing products to be given the most appropriate quality grading; whereas of the possible objective quality grading criteria for common wheat, protein content, specific weight and miscellaneous impurity (Schwarzbesatz) content are those most commonly used in the trade and also the easiest to use; whereas for durum wheat these criteria are specific weight, miscellaneous impurity (Schwarzbesatz) content and vitreous grain content; whereas imported goods are accordingly to be subjected to analysis to determine these parameters for each lot imported; whereas however where the Community has established an official recognition procedure for quality certificates issued by an authority of the country of origin of the goods these analyses need be effected merely by way of verification on a sufficiently representative number of imported lots;Whereas Article 10 (3) of Regulation (EEC) No 1766/92 specifies that for the purposes of calculation of the import duty representative cif import prices are to be regularly established for each of the qualities defined for the products to which that paragraph refers; whereas for establishment of these prices the use must be stipulated of quotations for the several wheat qualities and for the other cereals; whereas the actual quotation sources to be used should be specified;Whereas the use of quotations for the various wheat types and for other cereals on the commodity exchanges of the United States of America will provide a basis both transparent and objective for establishing representative cif import prices; whereas addition of the commercial premium assigned on the United States market to each quality of the various cereals will allow the exchange quotation for each cereal to be converted into a fob export price from the United States; whereas by addition of sea freight costs between the Gulf of Mexico or the Great Lakes and a Community port that are quoted on the freight markets these fob prices can be converted into representative cif import prices; whereas given the volume of freight passing through and amount of trade at the port of Rotterdam this is the Community destination for which sea freight quotations are most widely known, most transparent and most easily available; whereas the port of destination to be selected for the Community should therefore be Rotterdam;Whereas, accordingly, for the sake of transparency the representative cif import prices of the cereals indicated at (a) in Article 10 (3) are to be established from commodity exchange quotations for the cereal in question plus the commercial premium assigned to the cereal and sea freight costs between the Gulf of Mexico or the Great Lakes and the port of Rotterdam; whereas however freight cost differences by port of destination justify flat rate adjustment of the import duty for Community ports located in the Mediterranean, on the Atlantic coast of the Iberian Peninsula and in the United Kingdom, Ireland and the Scandinavian countries; whereas the factors of calculation of the representative cif import prices so established should be monitored daily so that the trend of these prices can be followed; whereas, in the case of sorghum and rye, the representative cif import price calculated for barely allows the market situation for those two products to be estimated and consequently the representative cif import price determined for barley applies for these cereals;Whereas for the purpose of setting the import duty on the cereals indicated in Article 10 (2) of Regulation (EEC) No 1766/92 a period of two weeks recording of the representative cif import prices for each cereal will reflect market trends without introducing uncertainty; whereas import duties for these products can therefore be determined on the fifteenth day and the last working day of each month using the average representative cif import price recorded over two weeks; whereas the import duty thus calculated can be applied for two weeks without any appreciable distorting effect on the duty paid import price; whereas however if no exchange quotation is available during the calculation period for the representative cif import prices or if as a result of sudden changes in their components they fluctuate very substantially during the period, action must be taken to maintain a properly representative price for the product in question; whereas in the case of absence of quotations the duty amount set for the previous period should continue to be applied and in the case of large fluctuations in either the exchange quotation, the commercial premiums attached to the quotation, the sea freight costs or the rate of exchange used to calculate the representative cif import price of the product the price used for calculation of the import duty should be kept representative by means of an adjustment corresponding to the deviation from it that these changes account for; whereas even where this type of adjustment is made the timing of the next determination need not be affected;Whereas when imported cereals arrive in the Community overland, by river transport or by sea on vessels from ports in the Mediterranean, Black or Baltic Seas transport costs will be markedly lower than those used for calculation of import duties; whereas this difference should be taken into account, by a flat rate adjustment, in determination of the representative cif import prices for the products concerned;Whereas in cases where, according to the Commission's information, certain quotations or prices are not representative of the real trend of the import market in the Community for medium or low quality common wheat owing to the granting by third countries of subsidies on exportation of these products to Mediterranean basin or European countries, it must be possible for the amount of the export subsidy granted to be deducted form the representative cif import price calculated for the product;Whereas in the case of imports of very high quality common wheat, malting barley or flint maize the exchange quotation used for calculation of the representative cif import price may not, either because of the particular quality of the goods or because their price includes a quality premium over the normal price, take account of the existence of such a premium over normal market terms; whereas to take account of these quality premiums over prices or quotations importers who show that they have used the goods to make high quality products justifying the existence of such a premium should be reimbursed, at a flat rate, part of the import duty paid;Whereas in order to ensure that importers respect the provisions of this Regulation security should be required from them additional to that pertaining to licences;Whereas the Management Committee for Cereals has not issued an opinion within the time limit set by its chairman,HAS ADOPTED THIS REGULATION:
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