The European Commission has published in the Official Journal of the European Union of October 23rd, Regulation (EC) Nº 1039/2008 of October 22nd 2008, reintroducing customs duties on imports of certain cereals for the 2008/09 marketing year. This decision is based in the current level of FOB prices of common wheat in EU recorded in EU ports, and modifies Regulation (EC) Nº 608/2008, which in June, temporarily suspended such duties.

Article 1.2 of Regulation Nº 608/2008, 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. Import duties can therefore be re-established:

1. 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 Regulation (EC) Nº 1234/2007 or;
2. Where the quantities available on the Community market are sufficient to ensure market equilibrium.

The FOB price of common wheat, recorded in Community ports since September 29th, 2008, is below 180 % of the reference price.

For that reason, and 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, customs duties will be re-establisehd in a set of products.

CN Codes of products affected by simultaneous reintroduction of customs duties

• 1001 90 99
• 1001 10
• 1002 00 00
• 1003 00
• 1005 90 00
• 1007 00 90
• 1008 10 00
• 1008 20 00

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 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 the 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.