Commission Regulation (EU) No 642/2010 of 20 July 2010 on rules of application (cereal sector import duties) for Council Regulation (EC) No 1234/2007 (codification)

Commission Regulation (EU) No 642/2010of 20 July 2010on rules of application (cereal sector import duties) for Council Regulation (EC) No 1234/2007(codification)

Article 11.Notwithstanding the rates of import duty in the Common Customs Tariff, the import duty on products falling within CN codes 10011100, 10011900, ex10019120 (common wheat seed), ex10019900 (high-quality common wheat other than seed), 10021000, 10029000, 10051090, 10059000, 10071090 and 10079000 shall be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the conventional rate of duty as determined on the basis of the Combined Nomenclature.2.For the purposes of calculating the import duty referred to in paragraph 1, representative cif import prices shall be established on a regular basis for the products referred to in that paragraph.3.The Common Customs Tariff duty rates referred to in paragraph 1 shall be those applicable on the date referred to in Article 172(2) of Regulation (EU) No 952/2013 of the European Parliament and of the CouncilRegulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1)..

Article 21.The import duty referred to in Article 1(1) shall be calculated daily by the Commission.The intervention price to be used for the calculation of import duty shall be EUR 101,31 per tonne.The import price to be used for the calculation of the import duty shall be the daily cif representative import price determined using the method provided for in Article 5 of this Regulation.2.The import duty fixed by the Commission shall be equal to the average of the import duties calculated during the previous 10 working days.The Commission shall fix the import duty if the average of the import duties calculated during the previous 10 working days differs by more than EUR 5 per tonne compared to the duty fixed or if the average is once again nil.On the occasion of each fixing, the import duty and the factors used for their calculation shall be published in the Official Journal of the European UnionBetween the fixing of two duties, the factors taken into account for the calculation shall be published on the Commission’s website..The import duty fixed shall apply from the date of publication.The import duty fixed under this Regulation shall apply until a new import duty is fixed and enters into force.3.Import duties fixed as provided for in this Regulation shall be applicable until a new fixing comes into force.On the occasion of each fixing or adjustment the Commission shall publish in the Official Journal of the European Union the import duties and the data used for their calculation.4.Where the port of unloading in the Union is located:(a)on the Mediterranean (beyond the Strait of Gibraltar) or on the Black Sea and where the goods arrive via the Atlantic Ocean or the Suez Canal, the Commission shall reduce the import duty by EUR 3 per tonne;(b)on the Atlantic coast of the Iberian Peninsula, in the United Kingdom, in Ireland, in Denmark, in Estonia, in Latvia, in Lithuania, in Poland, in Finland and in Sweden and where the goods arrive via the Atlantic Ocean, the Commission shall reduce the import duty by EUR 2 per tonne.The customs authority at the port of unloading shall issue a document in accordance with the model given in Annex I attesting the quantity of each product unloaded. For the duty reduction provided for in the first subparagraph to be granted, that document must accompany the goods until completion of the customs import formalities.5.With regard to products originating in Canada and falling within CN codes 10011100, 10011900, ex10019900 (high quality common wheat other than seed), 10021000 and 10029000, the import duty shall be equal to a percentage of the duty fixed in accordance with paragraph 2 and, if appropriate, paragraph 4. The percentage to be applied is set out in Annex Ia. The import duty shall be rounded down at least to the nearest EUR 0,001.

Article 31.Import duties shall be reduced by EUR 24 per tonne on flint maize meeting the specifications laid down in Annex II.2.In order to benefit from the reduction provided for in paragraph 1, flint maize must be processed into a product of CN codes 19041010, 110313 or 110423 within six months from the date of acceptance of entry for free circulation.3.The end-use provisions of Article 254(1), (4) and (5) of Regulation (EU) No 952/2013 shall apply.4.Notwithstanding Article 211(3)(c) of Regulation (EU) No 952/2013, for flint maize, the importer shall lodge with the competent authority a specific security of EUR 24 per tonne, except where the declaration of release for free circulation is accompanied by a certificate of conformity issued by the Argentine Servicio National de Sanidad y Calidad Agroalimentaria (Senasa) in accordance with point (a) of the first subparagraph of Article 7(2) of this Regulation.If, however, the duty applicable on the date of the acceptance of the declaration of release for free circulation is less than EUR 24 per tonne of maize, the specific security shall be equal to the duty amount.

Article 4The quality standards to be met on importation into the Union and the tolerances allowed shall be those shown in Annex II.

Article 51.For high quality soft wheat and maize other than seed, as referred to in Article 1(1) of this Regulation, the components determining the representative cif import prices referred to in Article 1(2) shall be:(a)the representative exchange quotation on the market of the United States of America;(b)the known commercial premiums and discounts attached to that quotation in the United States of America market on the quotation day;(c)sea freight and associated costs between the United States of America (Gulf of Mexico or Duluth) and the port of Rotterdam for a vessel of at least 25000 tonnes.2.The Commission shall record each working day:(a)the component referred to in paragraph 1(a) from the exchanges and using the reference qualities shown in Annex III;(b)components referred to in points (b) and (c) of paragraph 1 from publicly available information.3.With a view to calculating the component referred to in paragraph 1(b) or the relevant fob quotation, a premium of EUR 14 per tonne of high quality soft wheat shall apply.4.The representative cif import prices for high quality common wheat and maize other than seed shall be the sum of the components referred to in points (a), (b) and (c) of paragraph 1.The representative cif import prices for high quality durum wheat, durum wheat seed and common wheat seed shall be the price calculated for high quality common wheat.The representative cif import price for medium quality durum wheat and low quality durum wheat shall be the price calculated for high quality common wheat, to which a discount of EUR 10 per tonne shall apply for medium quality durum wheat, and a discount of EUR 30 per tonne for low quality durum wheat.The representative cif import price for sorghum other than seed, sorghum seed falling within CN code 10071090, rye other than seed, rye seed and maize seed falling within CN code 10051090 shall be the price calculated for maize other than seed.5.The representative cif import prices for common wheat seed of CN code 10019091 and maize seed of CN code 10051090 shall be those calculated for high quality common wheat and maize respectively.

Article 61.For high quality common wheat, the importer shall lodge with the competent authority a specific security of EUR 95 per tonne on the date of acceptance of the declaration of release for free circulation, except where that declaration is accompanied by a certificate of conformity issued by the Federal Grain Inspection Service (FGIS) or by the Canadian Grain Commission (CGC) in accordance with point (b) or (c) of the first subparagraph of Article 7(2).If, however, import duties for all quality categories of common wheat have been suspended under Article 219 of Regulation (EU) No 1308/2013 of the European Parliament and of the CouncilRegulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671)., the specific security shall not be required for the entire period during which the duties are suspended.2.For durum wheat, the importer shall lodge with the competent authority a specific security on the date of acceptance of the declaration of release for free circulation, except where that declaration is accompanied by a certificate of conformity issued by the Federal Grain Inspection Service (FGIS) or by the Canadian Grain Commission (CGC) in accordance with point (b) or (c) of the first subparagraph of Article 7(2).The amount of the specific security shall be the difference on the day of acceptance of the declaration of release for free circulation between the highest import duty and that applicable to the quality shown, plus a supplement of EUR 5 per tonne. However, where the import duty applicable to the different qualities of durum wheat is zero, the specific security shall not be required.

Article 71.The customs office of release for free circulation shall take representative samples, in accordance with Annex I to Commission Regulation (EC) No 152/2009OJ L 54, 26.2.2009, p. 1., of every consignment of high quality common wheat, of durum wheat and of flint maize. However, sampling shall not take place where the import duty for the different qualities is the same.If, however, the Commission officially recognises a quality certificate for high quality common wheat, durum wheat or flint maize issued by the country of origin of the cereals, samples shall be taken for verification of the certified quality only from a sufficiently representative number of consignments.2.The following certificates of conformity shall be officially recognised by the Commission pursuant to the principles laid down in Articles 58 and 59 of Commission Implementing Regulation (EU) 2015/2447Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).:(a)certificates issued by the Servicio Nacional de Sanidad y Calidad Agroalimentaria (Senasa) of Argentina for flint maize;(b)certificates issued by the Federal Grains Inspection Services (FGIS) of the United States of America for high quality common wheat and high quality durum wheat;(c)certificates issued by the Canadian Grain Commission (CGC) of Canada for high quality common wheat and high quality durum wheat.A blank specimen of the certificates of conformity issued by Senasa is given in Annex IV. Reproduction of the stamps authorised by the Argentine government shall be published in the Official Journal of the European Union.Blank specimens of the certificates of conformity and stamps issued by the FGIS are given in Annex V.Blank specimens of the certificates of conformity, export specifications and stamps issued by the CGC are given in Annex VI.When the analytical parameters entered in the certificates of conformity issued by the entities referred to in the first subparagraph show conformity with the high quality common wheat, durum wheat and flint maize quality standards given in Annex II, samples shall be taken of at least 3 % of the cargoes arriving at each entry port during the marketing year.The goods shall be classed in the standard quality for which all the requirements indicated in Annex II are met.3.The standard methods for the determinations referred to in paragraph 1 shall be those given in Commission Regulation (EU) No 1272/2009OJ L 349, 29.12.2009, p. 1..Flint maize is maize of the species Zea mays indurata the grains of which present a dominantly vitreous endosperm (hard or horny texture). They are generally orange or red. The upper part (opposite the germ), or crown, shows no fissure.Vitreous grains of flint maize are defined as grains meeting two criteria:(a)their crown shows no fissure;(b)when cut lengthwise their endosperm shows a central mealy part completely surrounded by a horny part. The horny part must account for the dominant part of the total cut surface.The vitreous grain percentage shall be established by counting in a representative sample of 100 grains the number meeting the criteria referred to in the third subparagraph.The reference method for determining the flotation index is given in Annex VII.4.If the analysis results show the imported high quality common wheat, durum wheat and flint maize to be of a lower standard quality than entered on the declaration of release for free circulation, the importer shall pay the difference between the import duty applicable to the product shown on the declaration and that on the product actually imported. In this case, the specific security provided for in Article 3(4) and Article 6(1) and (2) shall be released, except for the EUR 5 supplement provided for in the second subparagraph of Article 6(2).If the difference referred to in the first subparagraph is not paid within one month, the specific security provided for in Article 3(4) and Article 6(1) and (2) shall be forfeit.5.Representative samples of imported cereals taken by the competent authority of the Member State shall be retained for six months.

Article 8Regulation (EC) No 1249/96 is repealed.References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex IX.

Article 9This Regulation shall enter into force on the 20th 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.ANNEX IModel referred to in Article 2(4)Product unloaded (CN code and, for common wheat, durum wheat and maize, quality declared in accordance with Article 5): …Quantity unloaded (in kilograms): …ANNEX IaPercentage referred to in Article 2(5)

Year	Percentage
2017	87,5
2018	75
2019	62,5
2020	50
2021	37,5
2022	25
2023	12,5
2024 and each subsequent year	0 (duty-free)

ANNEX IIClassification standards for imported products(on the basis of a moisture content of 12 % by weight or equivalent)

Including husked spelt.The methods of analysis provided for in Part IV of Annex I to Regulation (EU) No 1272/2009 are applicable.

Product	Common wheat and spelt excluding meslin			Durum wheat			Flint maize
CN code	ex10019120andex10019900			10011100and10011900			ex10059000
Quality	High	Medium	Low	High	Medium	Low
1.Minimum protein percentage	14,0	11,5	—	—	—	—	—
2.Minimum specific weight kg/hl	77,0	74,0	—	76,0	76,0	—	76,0
3.Maximum impurity percentage (Schwarzbesatz)	1,5	1,5	—	1,5	1,5	—	—
4.Minimum vitreous grain percentage	—	—	—	75,0	62,0	—	95,0
5.Maximum flotation index	—	—	—	—	—	—	25,0

Tolerances"—"not applicable.

Permitted tolerance	Common/durum wheat	Flint maize
Protein percentage	– 0,7	—
Minimum specific weight	– 0,5	– 0,5
Maximum impurity percentage	+ 0,5	—
Vitreous grain percentage	– 2,0	– 3,0
Flotation index	—	+ 1,0

ANNEX III

Quotation exchanges and reference varieties

Product	Common wheat	Maize
Standard quality	High
Reference variety (type/grade) for exchange quotation	Hard Red Spring No 2	Yellow Corn No 3
Quotation exchange	Minneapolis Grain Exchange	Chicago Mercantile Exchange

ANNEX IVBLANK QUALITY CERTIFICATE FROM SENASA AUTHORISED BY ARGENTINE GOVERNMENT (ARTICLE 7(2))ANNEX VBLANK CERTIFICATE OF CONFORMITY AUTHORISED BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA FOR COMMON WHEATBLANK CERTIFICATE OF CONFORMITY AUTHORISED BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA FOR DURUM WHEATANNEX VIBLANK CERTIFICATE OF CONFORMITY AUTHORISED BY THE GOVERNMENT OF CANADA FOR COMMON AND DURUM WHEAT AND EXPORT GRADE SPECIFICATIONSExport grade specifications for Canadian common and durum wheatCOMMON WHEAT

Canada Western Red Spring(CWRS)	Test weight	Total foreign material including other cereal grains
No 1 CWRS	(Min.) 79,0 kg/hL	(Max.) 0,4 % including 0,2 % other seeds
No 2 CWRS	(Min.) 77,5 kg/hL	(Max.) 0,75 % including. 0,2 % other seeds
No 3 CWRS	(Min.) 76,5 kg/hL	(Max.) 1,25 % including 0,2 % other seeds

Canada Western Extra Strong Red Spring(CWES)	Test weight	Total foreign material including other cereal grains
No 1 CWES	(Min.) 78,0 kg/hL	(Max.) 0,75 % including 0,2 % other seeds
No 2 CWES	(Min.) 76,0 kg/hL	(Max.) 1,5 % including 0,2 % other seeds

Canada Prairie Spring Red(CPSR)	Test weight	Total foreign material including other cereal grains
No 1 CPSR	(Min.) 77,0 kg/hL	(Max.) 0,75 % including 0,2 % other seeds
No 2 CPSR	(Min.) 75,0 kg/hL	(Max.) 1,5 % including 0,2 % other seeds

Canada Prairie Spring White(CPSW)	Test weight	Total foreign material including other cereal grains
No 1 (CPSW)	(Min.) 77,0 kg/hL	(Max.) 0,75 % including 0,2 % other seeds
No 2 (CPSW)	(Min.) 75,0 kg/hL	(Max.) 1,5 % including 0,2 % other seeds

Canada Western Red Winter(CWRW)	Test weight	Total foreign material including other cereal grains
No 1 CWRW	(Min.) 78,0 kg/hL	(Max.) 1,0 % including 0,2 % other seeds
No 2 CWRW	(Min.) 74,0 kg/hL	(Max.) 2,0 % including 0,2 % other seeds

Canada Western Soft White Spring(CWSWS)	Test weight	Total foreign material including other cereal grains
No 1 CWSWS	(Min.) 78,0 kg/hL	(Max.) 0,75 % including 0,2 % other seeds
No 2 CWSWS	(Min.) 75,5 kg/hL	(Max.) 1,0 % including 0,2 % other seeds
No 3 CWSWS	(Min.) 75,0 kg/hL	(Max.) 1,5 % including 0,2 % other seeds

DURUM WHEATNotes:"Other Cereal Grains"In these grades, include only oats, barley, rye and triticale."Common wheat"For common wheat exports, the Canadian Grain Commission will supply documentation with the certificate specifying the protein percentage for the cargo in question."Durum wheat"For durum wheat exports, the Canadian Grain Commission will supply documentation with the certificate attesting to the vitreous kernel percentage and specific weight (kilograms/hectolitre) of the cargo in question.

Canada Western Amber Durum(CWAD)	Test weight	Total foreign material including other cereal grains
No 1 CWAD	(Min.) 80,0 kg/hL	(Max.) 0,5 % including 0,2 % other seeds
No 2 CWAD	(Min.) 79,5 kg/hL	(Max.) 0,8 % including 0,2 % other seeds
No 3 CWAD	(Min.) 78,0 kg/hL	(Max.) 1,0 % including 0,2 % other seeds
No 4 CWAD	(Min.) 75,0 kg/hL	(Max.) 3,0 % including 0,2 % other seeds

ANNEX VIISTANDARD METHOD FOR DETERMINING FLOTATION INDEX (ARTICLE 7(3))Prepare an aqueous solution of sodium nitrate of specific weight 1,25 and conserve it at 35 °C.Place in the solution 100 grains of maize from a representative sample of maximum moisture content 14,5 %.Shake the solution at 30 second intervals for five minutes to eliminate air bubbles.Separate the floating from the submerged grains and count them.The flotation index is calulated as follows:Flotation index for trial = (number of floating grains/number of submerged grains) × 100Repeat five times.The flotation index is the arithmetic mean for the five trials excluding the two extreme values.ANNEX VIII

Repealed Regulation with list of its successive amendmentsRegulation as amended by Regulation (EC) No 2015/2001 (OJ L 272, 13.10.2001, p. 31).

Commission Regulation (EC) No 1249/96(OJ L 161, 29.6.1996, p. 125).
Commission Regulation (EC) No 641/97(OJ L 98, 15.4.1997, p. 2).
Commission Regulation (EC) No 2092/97(OJ L 292, 25.10.1997, p. 10).
Commission Regulation (EC) No 2519/98(OJ L 315, 25.11.1998, p. 7).
Commission Regulation (EC) No 2235/2000(OJ L 256, 10.10.2000, p. 13).	Article 2 only
Commission Regulation (EC) No 2104/2001(OJ L 283, 27.10.2001, p. 8).
Commission Regulation (EC) No 597/2002(OJ L 91, 6.4.2002, p. 9).
Commission Regulation (EC) No 1900/2002(OJ L 287, 25.10.2002, p. 15).
Commission Regulation (EC) No 1110/2003(OJ L 158, 27.6.2003, p. 12).
Commission Regulation (EC) No 777/2004(OJ L 123, 27.4.2004, p. 50).	Article 5 only
Commission Regulation (EC) No 1074/2008(OJ L 294, 1.11.2008, p. 3).
Commission Regulation (EC) No 459/2009(OJ L 139, 5.6.2009, p. 3).
Commission Regulation (EU) No 170/2010(OJ L 51, 2.3.2010, p. 8).

ANNEX IX

CORRELATION TABLE

Regulation (EC) No 1249/96	This Regulation
Article 1	Article 1
Article 2(1) first and second sentences	Article 2(1) first subparagraph
Article 2(1) third sentence	Article 2(1) second subparagraph
Article 2(2)	Article 2(2)
Article 2(3)	Article 2(3)
Article 2(4) first subparagraph, first indent	Article 2(4), first subparagraph, point (a)
Article 2(4) first subparagraph, second and third indents	Article 2(4), first subparagraph, point (b)
Article 2(4) second subparagraph	Article 2(4) second subparagraph
Article 2(5) first subparagraph, first sentence	Article 3(1)
Article 2(5) first subparagraph, second sentence	Article 3(2)
Article 2(5) first subparagraph, third sentence	Article 3(3)
Article 2(5) second subparagraph	Article 3(4) first subparagraph
Article 2(5) third subparagraph	Article 3(4) second subparagraph
Article 2a	—
Article 3	Article 4
Article 4(1)	Article 5(1)
Article 4(2)	Article 5(2)
Article 4(3) first, second and third indents	Article 5(3) points (a), (b) and (c)
Article 4(4)	Article 5(4)
Article 4(5)	Article 5(5)
Article 5	Article 6
Article 6(1)	Article 7(1)
Article 6(1a) first subparagraph, first, second and third indents	Article 7(2) first subparagraph, points (a), (b) and (c)
Article 6(1a) second to sixth subparagraphs	Article 7(2) second to sixth subparagraphs
Article 6(2) first subparagraph	Article 7(3) first subparagraph
Article 6(2) second subparagraph	Article 7(3) second subparagraph
Article 6(2) third subparagraph, first and second indents	Article 7(2) third subparagraph, points (a) and (b)
Article 6(2) fourth subparagraph	Article 7(2) fourth subparagraph
Article 6(2) fifth subparagraph	Article 7(2) fifth subparagraph
Article 6(3)	Article 7(4)
Article 6(4)	Article 7(5)
Article 7	—
Article 8	—
—	Article 8
—	Article 9
Annex I	Annex II
Annex II	Annex III
Annex III	—
Annex IV	Annex IV
Annex IVa	Annex V
Annex IVb	Annex VI
Annex V	Annex VII
Annex VI	Annex I
—	Annex VIII
—	Annex IX

Loading ...