4.10.2008 EN Official Journal of the European Union C 253/1 COUNCIL RESOLUTION of 25 September 2008 on a comprehensive European anti-counterfeiting and anti-piracy plan (2008/C 253/01) THE COUNCIL OF THE EUROPEAN UNION, 1. CONSIDERING the Commission's strategic report (1) and the new cycle of the renewed Lisbon strategy for growth and jobs (2008-2010) launched by the European Council on 14 March 2008. 2. STRESSING that the European Union has been called upon, in this connection, to continue its efforts to make the system for protecting intellectual property rights more efficient in order to combat counterfeiting more effectively. 3. EMPHASISING the need to respect the basic freedoms of the internal market and improve the way it works. 4. POINTING OUT the advisability, in the fight against counterfeiting and piracy, particularly at the borders of the European Union, of harmonising intellectual property rights, where appropriate, and the importance of existing national and Community industrial property titles. 5. CONSIDERING the Community instruments adopted to combat counterfeiting and piracy, particularly Directive 2004/48/EC on the enforcement of intellectual property rights and Regulation (EC) No 1383/2003 concerning customs action against goods suspected of infringing certain intellectual property rights. 6. AWARE also of the amended proposal for a Directive on criminal measures aimed at ensuring the enforcement of intellectual property rights. 7. CONSIDERING the anti-counterfeiting and anti-piracy initiatives which have been developed multilaterally, particularly in the World Trade Organisation (WTO), the World Customs Organisation (WCO), the World Intellectual Property Organisation (WIPO), the Organisation for Economic Cooperation and Development (OECD), the World Health Organisation (WHO) and the G8 (Heiligendamm process). 8. CONSIDERING the Strategy for the Enforcement of Intellectual Property Rights in Third Countries (2). 9. CONSIDERING the OECD report on the economic impact of counterfeiting and piracy, particularly its estimate that international trade in counterfeit and pirated goods may have been some USD 200 billion in 2005, on the basis of customs seizures in OECD countries, indicating that the total value of trade in counterfeit or pirated products could exceed this amount by several hundred billion dollars, and considering its recommendations for increased cooperation between governments and industry. 10. AWARE of the seriousness and the worrying growth of the phenomenon of counterfeiting and piracy, in particular in a globalised economy, for the competitiveness of the European Union, for its businesses, creative forces and consumers; aware of the scale of this phenomenon on the Internet too; aware of the risks involved in counterfeiting products, which poses a health and safety hazard. 11. EMPHASISES the importance of protecting intellectual property rights, which are fundamental to promoting culture and diversity, and for drawing full benefit from the research, innovation and creative activity of European undertakings, especially SMEs, in order to support growth and jobs in the European Union and make Europe more competitive in the world. 12. AWARE, against this background, of the need to give innovative companies the means to obtain the best protection for their inventions and to profit from them more efficiently; points out the advantages of a Community patent and a patent court system in order to give users the means to enforce their intellectual property rights throughout the Union. 13. EMPHASISES the need to mobilise all stakeholders to boost the effectiveness of the whole range of instruments for protecting intellectual property and combating counterfeiting and piracy on the internal market and internationally; pointing out that these measures are consistent with due regard for basic rights and general principles of Community law, such as the protection of personal data and the protection of property rights. 14. WELCOMES the Commission communication of 16 July 2008 designed to implement an industrial property rights strategy for Europe, especially as regards the enforcement of industrial property rights and of copyright and related rights: — customs initiatives to combat counterfeiting and piracy at the borders and outside the European Union, — action to complement legislation, designed to encourage a change in public perceptions of the phenomenon of counterfeiting and piracy, to increase precise awareness of the phenomenon, to improve cooperation between all stakeholders in the Member States, to establish an effective network for administrative cooperation between Member States, to allow for Europe-wide action, and to promote public/private partnership agreements and the conclusion of inter-industry agreements at European level to reduce piracy and the sale of counterfeit goods on the Internet, — consideration of how cross-border enforcement of judgements can be improved, — action designed to enforce intellectual property rights in third countries, through regular inquiries, through the promotion of effective protection of those rights in bilateral trade agreements, and through closer cooperation in the framework of regular dialogues with third states, especially those with a high level of counterfeiting and piracy, — work on a plurilateral anti-counterfeiting trade agreement (ACTA). 15. INVITES the Commission to act on these guidelines by: — setting up a European counterfeiting and piracy observatory, defining how it is to operate and the detailed arrangements, including financial arrangements, for setting it up; the observatory, based on the Commission's existing structures, should enable a regular assessment to be made, on the basis of the data which the public and private sectors wish to provide, of the extent of counterfeiting and piracy and a more precise analysis of these phenomena, — disseminating information on the phenomenon of counterfeiting and piracy to those involved in combating these phenomena, especially via the Internet, — developing action to raise awareness and to communicate with those involved in combating counterfeiting and piracy and with consumers, including the youngest consumers, by, amongst other things, activities organised to mark a European awareness day on the dangers of counterfeiting and by drawing up operational guides. 16. INVITES the Commission and the Member States, acting within their respective spheres of competence, to use all appropriate means to combat counterfeiting and piracy effectively, and in particular to: — submit an anti-counterfeiting customs plan for the years 2009 to 2012 which gives priority to information-sharing through full use of electronic systems and the development of cooperation between the authorities concerned, in particular at the border, principally customs authorities, and with rights holders; to make a survey of customs law and evaluate the improvements needed to the legal framework to improve action against counterfeit products which are a danger to consumers and to raise awareness of the risks of the phenomenon, — set up a network for the rapid exchange of information on counterfeit products and services, in particular by stepping up cross-border administrative cooperation, drawing on national contact points and modern information-sharing tools, — promote coordination between institutions involved in combating counterfeiting and piracy, in particular by sharing good practice between national administrations, — study the effectiveness of the legal framework in enforcing intellectual property rights, — submit appropriate proposals to encourage public/private sector partnerships to combat counterfeiting and piracy, to recommend good practice, especially as regards Internet sales, and to encourage professionals to work together, — step up the protection of intellectual property rights internationally; promote the inclusion, in bilateral and multilateral agreements concluded by the European Union, of measures on intellectual property rights, with due regard for the acquis communautaire, and help to enforce those measures; take an active part in negotiations for the conclusion of a plurilateral anti-counterfeiting trade agreement, including by seeking to secure the creation at such time of a task force with the remit of scrutinising implementation of the agreement; promote the issue in dialogue between the European Union and third countries and in the context of cooperation activities with third countries. (1) Communication from the Commission to the European Council ‘Strategic report on the renewed Lisbon Strategy for growth and jobs: launching the new cycle (2008-2010) — Keeping up the pace of change’ COM(2007) 803 final. (2) OJ C 129, 26.5.2005, p. 3.

Summary: European anti-counterfeiting and anti-piracy plan European anti-counterfeiting and anti-piracy plan The Council is hereby calling upon the Commission and the Member States to take action to fight against counterfeiting and piracy more effectively. ACTS Council Resolution of 25 September 2008 on a comprehensive European anti-counterfeiting and anti-piracy plan [Official Journal C 253 of 4.10.2008]. SUMMARY With this Resolution, the Council is calling on the Commission to put into effect the actions to combat counterfeiting and piracy set out in its Communication on an industrial property rights strategy for Europe [COM(2008) 465]. This Communication provides a set of measures aimed at enforcing industrial property, copy- and related rights such as customs initiatives, completing legislation, concluding inter-industry agreements, enforcing cross-border judgements, enforcing intellectual property rights in third countries and working towards a plurilateral anti-counterfeiting trade agreement (ACTA). In this regard, the Commission is invited to establish a European counterfeiting and piracy observatory based on its existing structures. It should define in detail the arrangements and financing for the establishment and future operations of the observatory. The aim of the observatory should be to allow for regular evaluations and more accurate analysis of the counterfeiting and piracy situation in Europe. The data for this should be provided on a voluntary basis by both the private and public sectors. The Commission should also communicate with actors taking part in the fight against counterfeiting and piracy. This should involve the diffusion of related information, in particular by using the Internet. Finally, the Commission is also invited to develop awareness-raising activities in order to inform consumers of the dangers of counterfeiting. These should include operational guides and events to mark the European awareness day related to counterfeiting and piracy. At the same time, the Council is also inviting the Commission and the Member States to take action to fight against counterfeiting and piracy. This should, among others, consist of drawing up an anti-counterfeiting customs plan for the period 2009-12. This plan should prioritise information sharing via electronic means, along with collaboration between border authorities, namely customs authorities, and rights holders. The Commission and the Member States should also review the customs law with a view to enhancing the legal framework so that the fight against counterfeiting is made more effective. In addition, the Commission and the Member States should: establish a rapid information exchange network for counterfeit products and services by stepping-up cross-border administrative collaboration with the help of national contact points and modern information and communication tools; ensure that the institutions fighting against counterfeiting and piracy may coordinate properly by promoting the sharing of best practice between national administrations; review the legal framework relating to intellectual property rights in order to evaluate its effectiveness; encourage partnerships between the public and private sector for fighting counterfeiting and piracy, propose good practice and promote collaboration between professionals. Furthermore, the Commission and the Member States should promote the protection of intellectual property rights within the international context, including in cooperation activities with third countries. This should consist of endorsing the inclusion and enforcement of intellectual property rights in bi- and multilateral agreements and actively working towards the conclusion of a plurilateral anti-counterfeiting trade agreement. Background In March 2008, the Council launched the new cycle of the renewed Lisbon strategy for growth and jobs (2008-10). In this context, the European Union was invited to fight against counterfeiting more effectively by working towards a more efficient system of protection of intellectual property rights. Last updated: 25.11.2008


26.1.2008 EN Official Journal of the European Union L 23/21 DECISION No 70/2008/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 January 2008 on a paperless environment for customs and trade THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 95 and 135 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (1), Acting in accordance with the procedure laid down in Article 251 of the Treaty (2), Whereas: (1) The Community and the Member States have committed themselves, under the Lisbon Agenda, to increasing the competitiveness of companies doing business in Europe. Pursuant to Decision 2004/387/EC of the European Parliament and of the Council of 21 April 2004 on interoperable delivery of pan-European e-Government services to public administrations, businesses and citizens (IDABC) (3), the Commission and the Member States should provide efficient, effective and interoperable information and communication systems for the exchange of information between public administrations and Community citizens. (2) The pan-European e-Government action, as provided for by Decision 2004/387/EC, requires measures to increase the efficiency of the organisation of customs controls and ensure the seamless flow of data in order to make customs clearance more efficient, reduce administrative burdens, help to combat fraud, organised crime and terrorism, serve fiscal interests, protect intellectual property and cultural heritage, increase the safety of goods and the security of international trade and enhance health and environmental protection. For that purpose, the provision of information and communication technologies (ICT) for customs purposes is of crucial interest. (3) The Council Resolution of 5 December 2003 on creating a simple and paperless environment for customs and trade (4), which followed on from the Commission Communication on a simple and paperless environment for customs and trade, calls upon the Commission to draw up, in close cooperation with the Member States, a multi-annual strategic plan for creating a coherent and interoperable electronic customs environment for the Community. Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (5) requires the use of data processing techniques for lodging summary declarations and for the electronic exchange of data between customs authorities, with a view to basing customs controls on automated risk-analysis systems. (4) Accordingly, it is necessary to lay down the objectives to be met in creating a paperless environment for customs and trade, as well as the structure, means and time limits for doing so. (5) The Commission should implement this Decision in close cooperation with the Member States. It is therefore necessary to specify the respective responsibilities and tasks of the parties concerned and to make provision as to how costs are to be shared between the Commission and the Member States. (6) The Commission and the Member States should share responsibility for the Community and national components of the communication and information exchange systems, in accordance with the principles set out in Decision No 253/2003/EC of the European Parliament and of the Council of 6 February 2003 adopting an action programme for customs in the Community (Customs 2007) (6) and taking account of Decision No 2235/2002/EC of the European Parliament and of the Council of 3 December 2002 adopting a Community programme to improve the operation of taxation systems in the internal market (Fiscalis programme 2003-2007) (7). (7) To ensure compliance with this Decision and consistency between the different systems to be developed, it is necessary to establish a monitoring mechanism. (8) Regular reports by Member States and the Commission should provide information on the progress of implementation of this Decision. (9) In order to achieve a paperless environment, there is a need for close cooperation between the Commission, customs authorities and economic operators. To facilitate that cooperation, the Customs Policy Group should ensure the coordination of the activities necessary for the implementation of this Decision. Consultation with economic operators should take place at both national and Community level at all stages of the preparation of those activities. (10) Acceding countries and candidate countries should be permitted to participate in those activities, with a view to preparing for accession. (11) Since the objective of this Decision, namely the creation of a paperless environment for customs and trade, cannot be sufficiently achieved by the Member States and can therefore, by reason of its scale and effects, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve that objective. (12) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (8). (13) In particular, the Commission should be empowered to extend the time limits set out in Article 4(2), (3) and (5) of this Decision. Since those measures are of general scope and are designed to amend non-essential elements of this Decision, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC, HAVE ADOPTED THIS DECISION: Article 1 Electronic customs systems The Commission and the Member States shall set up secure, integrated, interoperable and accessible electronic customs systems for the exchange of data contained in customs declarations, documents accompanying customs declarations and certificates and the exchange of other relevant information. The Commission and the Member States shall provide the structure and means for the operation of those electronic customs systems. Article 2 Objectives 1. The electronic customs systems referred to in Article 1 shall be designed to meet the following objectives: (a) to facilitate import and export procedures; (b) to reduce compliance and administrative costs and to improve clearance times; (c) to coordinate a common approach to the control of goods; (d) to help ensure the proper collection of all customs duties and other charges; (e) to ensure the rapid provision and receipt of relevant information with regard to the international supply chain; (f) to enable the seamless flow of data between the administrations of exporting and importing countries, as well as between customs authorities and economic operators, allowing data entered in the system to be re-used. The integration and evolution of electronic customs systems shall be proportionate to the objectives set out in the first subparagraph. 2. The objectives set out in the first subparagraph of paragraph 1 shall be achieved by at least the following means: (a) the harmonised exchange of information on the basis of internationally accepted data models and message formats; (b) the re-engineering of customs and customs-related processes with a view to optimising their efficiency and effectiveness, to their simplification and to reducing the costs of customs compliance; (c) the offering to economic operators of a wide range of electronic customs services enabling those operators to interact in the same way with the customs authorities of any Member State. 3. For the purposes of paragraph 1, the Community shall promote the interoperability of electronic customs systems with the customs systems of third countries or of international organisations and the accessibility of electronic customs systems to economic operators in third countries, with a view to creating a paperless environment at international level where provided for under international agreements and subject to proper financial arrangements. Article 3 Data exchange 1. The electronic customs systems of the Community and the Member States shall provide for the exchange of data between the customs authorities of the Member States and between those authorities and the following: (a) economic operators; (b) the Commission; (c) other administrations or official agencies involved in the international movement of goods (hereinafter other administrations or agencies). 2. Any disclosure or communication of data shall fully comply with prevailing data protection provisions, in particular Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (9) and Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (10). Article 4 Systems, services and time limits 1. Member States shall, in cooperation with the Commission, make operational the following electronic customs systems according to the requirements and time limits set out in the legislation in force: (a) systems for import and export interoperating with the system for transit and enabling the seamless flow of data from one customs system to another throughout the Community; (b) a system of identification and registration for economic operators interoperating with the authorised economic operators system and enabling those economic operators to register only once for all their interactions with customs authorities throughout the Community, taking into account existing Community or national systems; (c) a system for the authorisation procedure, including the information and consultation process, the management of certificates for authorised economic operators and the registration of those certificates in a data base accessible by customs authorities. 2. Member States shall, in cooperation with the Commission and by 15 February 2011, establish and make operational the common customs portals providing economic operators with the information needed for customs transactions in all Member States. 3. The Commission shall, in cooperation with the Member States and by 15 February 2013, establish and make operational an integrated tariff environment enabling connection to other import and export related systems in the Commission and the Member States. 4. The Commission shall, in partnership with the Member States in the Customs Policy Group and by 15 February 2011, evaluate the common functional specifications for: (a) a framework of single access points, enabling economic operators to use one single interface to lodge electronic customs declarations, even if the customs procedure is carried out in another Member State; (b) electronic interfaces for economic operators enabling them to conduct all customs-related business, even if several Member States are involved, with the customs authorities of the Member State where they are established; and (c) single window services providing for the seamless flow of data between economic operators and customs authorities, between customs authorities and the Commission, and between customs authorities and other administrations or agencies, and enabling economic operators to submit all information required for import or export clearance to customs, including information required by non customs-related legislation. 5. Within three years of a positive evaluation of the common functional specifications referred to in paragraph 4(a) and (b), the Member States shall, in cooperation with the Commission, endeavour to establish and make operational the framework of single access points and the electronic interfaces. 6. The Member States and the Commission shall endeavour to establish and make operational a framework of single window services. The evaluation of the progress achieved in this area shall be included in the reports referred to in Article 12. 7. The Community and the Member States shall provide for due maintenance of and the required improvements to the systems and services referred to in this Article. Article 5 Components and responsibilities 1. Electronic customs systems shall consist of Community components and national components. 2. The Community components of electronic customs systems shall comprise in particular the following: (a) related feasibility studies and common functional and technical system specifications; (b) common products and services, including the necessary common reference systems for customs and customs-related information; (c) services of the Common Communications Network and Common Systems Interface (CCN/CSI) for the Member States; (d) the coordination activities performed by the Member States and the Commission when implementing and operating electronic customs systems within the Community common domain; (e) the coordination activities performed by the Commission when implementing and operating electronic customs systems within the Community external domain, excluding services designed to meet national requirements. 3. The national components of electronic customs systems shall comprise in particular the following: (a) the national functional and technical system specifications; (b) the national systems, including databases; (c) network connections between customs authorities and economic operators, and between customs authorities and other administrations or agencies, within the same Member State; (d) any software or equipment which a Member State considers necessary to ensure full use of the system. Article 6 Tasks of the Commission The Commission shall, in particular, ensure the following: (a) the coordination of the setting-up, conformance testing, deployment, operation and support of the Community components, as regards electronic customs systems; (b) the coordination of the systems and services provided for in this Decision with other relevant projects relating to e-Government at Community level; (c) the completion of the tasks allocated to it under the multi-annual strategic plan provided for in Article 8(2); (d) the coordination of the development of Community and national components with a view to a synchronised implementation of projects; (e) the coordination at Community level of electronic customs services and single window services with a view to their promotion and implementation at national level; (f) the coordination of training needs. Article 7 Tasks of the Member States 1. The Member States shall, in particular, ensure the following: (a) the coordination of the setting-up, conformance testing, deployment, operation, and support of the national components, as regards electronic customs systems; (b) the coordination of the systems and services provided for in this Decision with other relevant projects relating to e-Government at national level; (c) the completion of the tasks allocated to them under the multi-annual strategic plan provided for in Article 8(2); (d) the regular provision to the Commission of information regarding the measures taken to enable their respective authorities or economic operators to make full use of electronic customs systems; (e) the promotion and implementation at national level of electronic customs services and single window services; (f) the necessary training for customs officials and other competent officials. 2. Member States shall estimate and communicate annually to the Commission the human, budgetary and technical resources needed to comply with Article 4 and with the multi-annual strategic plan provided for in Article 8(2). 3. If there is a risk that an action envisaged by a Member State in relation to the setting-up or operation of electronic customs systems might compromise the overall interoperability or functioning of those systems, that Member State shall inform the Commission thereof prior to taking such action. Article 8 Strategy and coordination 1. The Commission shall, in partnership with the Member States in the Customs Policy Group, ensure the following: (a) the determination of strategies, required resources and development phases; (b) the coordination of all activities related to electronic customs, in order to ensure that resources, including those already used at national and Community level, are used in the best and most efficient manner; (c) the coordination of legal, operational, training and IT development aspects, as well as the provision of information to customs authorities and economic operators as to those aspects; (d) the coordination of the implementation activities of all parties concerned; (e) the compliance by the parties concerned with the time limits set out in Article 4. 2. The Commission shall, in partnership with the Member States in the Customs Policy Group, draw up and keep updated a multi-annual strategic plan allocating tasks to the Commission and to the Member States. Article 9 Resources 1. For the purposes of establishing, operating and improving electronic customs systems in accordance with Article 4, the Community shall make available the human, budgetary and technical resources required for the Community components. 2. For the purposes of establishing, operating and improving electronic customs systems in accordance with Article 4, the Member States shall make available the human, budgetary and technical resources required for the national components. Article 10 Financial provisions 1. Without prejudice to the costs to be borne by third countries or international organisations within the framework of Article 2(3), costs relating to the implementation of this Decision shall be shared between the Community and the Member States in accordance with the provisions of paragraphs 2 and 3 of this Article. 2. The Community shall bear the costs relating to the design, acquisition, installation, operation and maintenance of the Community components referred to in Article 5(2), in accordance with the Customs 2007 Programme laid down in Decision No 253/2003/EC and any successor programme thereto. 3. Member States shall bear the costs relating to the setting up and operation of the national components referred to in Article 5(3), including interfaces with other administrations or agencies and economic operators. 4. Member States shall enhance their cooperation with a view to minimising costs by developing cost sharing models and common solutions. Article 11 Monitoring 1. The Commission shall take all the necessary steps to verify that measures financed from the Community budget are being carried out in compliance with this Decision and that the results obtained are consistent with the objectives set out in the first subparagraph of Article 2(1). 2. The Commission shall, in partnership with the Member States in the Customs Policy Group, regularly monitor the progress made by each Member State and by the Commission towards compliance with Article 4, with a view to determining whether the objectives set out in the first subparagraph of Article 2(1) have been achieved and how the effectiveness of the activities involved in the implementation of electronic customs systems may be improved. Article 12 Reports 1. Member States shall regularly report to the Commission on their progress with each task allocated to them under the multi-annual strategic plan referred to in Article 8(2). They shall notify the Commission of the completion of any of those tasks. 2. No later than 31 March of each year, the Member States shall submit to the Commission an annual progress report covering the period 1 January to 31 December of the preceding year. Those annual reports shall be based on a format established by the Commission in partnership with the Member States in the Customs Policy Group. 3. No later than 30 June of each year, the Commission shall, on the basis of the annual reports referred to in paragraph 2, establish a consolidated report evaluating the progress made by Member States and the Commission in particular towards compliance with Article 4, and the possible need for an extension of the time limits set out in Article 4(2), (3) and (5), and submit that report to the parties concerned and to the Customs Policy Group for further consideration. 4. Additionally, the consolidated report referred to in paragraph 3 shall contain the results of any monitoring visits that may be carried out. It shall also contain the results of any other controls and may set out the methods and criteria for use in any later evaluation, in particular evaluation of the extent to which electronic customs systems are interoperable and how they are functioning. Article 13 Consultation with economic operators The Commission and the Member States shall regularly consult economic operators at all stages of the preparation, development and deployment of the systems and services provided for in Article 4. The Commission and the Member States shall each set up a consultation mechanism bringing together a representative selection of economic operators on a regular basis. Article 14 Acceding or candidate countries The Commission shall inform the countries which have been recognised as acceding or candidate countries of the preparation, development and deployment of the systems and services provided for in Article 4, and shall allow them to participate therein. Article 15 Implementing measures Extensions of the time limits set out in Article 4(2), (3) and (5) shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 16(2). Article 16 Committee 1. The Commission shall be assisted by the Customs Code Committee. 2. Where reference is made to this paragraph, Article 5a(1) to (4), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. Article 17 Entry into force This Decision shall enter into force on the 20th day following its publication in the Official Journal of the European Union. Article 18 Addressees This Decision is addressed to the Member States. Done at Strasbourg, 15 January 2008. For the European Parliament The President H.-G. PÖTTERING For the Council The President J. LENARČIČ (1) OJ C 318, 23.12.2006, p. 47. (2) Opinion of the European Parliament of 12 December 2006 (OJ C 317 E, 23.12.2006, p. 74), Council Common Position of 23 July 2007 (OJ C 242 E, 16.10.2007, p. 1) and Position of the European Parliament of 11 December 2007 (not yet published in the Official Journal). (3) OJ L 144, 30.4.2004, p. 65, as corrected by OJ L 181, 18.5.2004, p. 25. (4) OJ C 305, 16.12.2003, p. 1. (5) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1). (6) OJ L 36, 12.2.2003, p. 1. Decision as amended by Decision No 787/2004/EC (OJ L 138, 30.4.2004, p. 12). (7) OJ L 341, 17.12.2002, p. 1. Decision as amended by Council Regulation (EC) No 885/2004 (OJ L 168, 1.5.2004, p. 1). (8) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11). (9) OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1). (10) OJ L 8, 12.1.2001, p. 1.

Summary: A paperless environment for customs and trade A paperless environment for customs and trade SUMMARY OF: Decision No 70/2008/EC replacing paper-format customs procedures with EU-wide electronic ones WHAT IS THE AIM OF THE DECISION? It aims to promote electronic customs (e-customs) in the European Commission. Such systems facilitate trade by reducing costs and coordinating procedures. They also permit the exchange of data between the customs administrations of EU countries, traders and the Commission. In this way, they improve and facilitate supply chain logistics and customs processes. KEY POINTS Following on from the 2003 communication on creating a simple and paperless environment for customs and trade, it was agreed under this decision that the Commission and the EU countries would set up: secure; integrated; interoperable; and accessible e-customs systems for the exchange of data contained in customs declarationsdocuments accompanying customs declarations and certificates andother relevant information. The Commission and the EU countries are to establish the structure and means for the operation of those e-customs systems. Measures To meet the objectives set out in the decision, the EU needs to: harmonise the exchange of information; review customs processes with a view to optimising their efficiency and effectiveness; offer traders a wide range of e-customs services. The Commission’s role The Commission must coordinate: the setting-up, testing, operation and maintenance of the EU components of the computerised systems; the systems and services set out in this proposal with other projects concerning e-government services; the parallel development of national and EU elements; automatic customs services and single-window services* at EU level; the completion of the tasks allocated to it under a multiannual strategic plan; training needs. The Commission must also monitor progress with regard to the Customs Policy Group. It must also initiate regular consultations with the economic stakeholders concerned. Role of EU countries EU countries must ensure the following: the setting-up, testing, operation and maintenance of the national components of the computerised systems; the coordination of the systems and services provided for in this decision with other relevant projects relating to e-government at national level; the completion of the tasks allocated to them under the multiannual strategic plan and work programmes — the latest work programme is contained in Commission Implementing Decision (EU) 2016/578 on developing and deploying the electronic systems needed to implement the EU Customs Code (which replaced the Community Customs Code); the promotion and implementation at national level of e-customs services and single-window services; training for officials. Timetable for automated customs services The decision contains a list of systems and databases and sets out the timetable for their implementation. Single-window services should be available within 6 years. Financing The decision states that the costs of its implementation were to be shared between the EU and EU countries based on their EU or national character. EU countries were to develop cost-sharing models. Currently, EU aspects of the work to modernise customs receive funding under the Customs 2020 action programme. FROM WHEN DOES THE DECISION APPLY? It has applied since 15 February 2008. BACKGROUND For more information, see: Electronic customs (European Commission). KEY TERMS Single-window services: a facility which allows parties involved in trade and transport to lodge standardised information and documents with a single entry point to fulfil all import, export and transit-related regulatory requirements. If information is electronic, individual data elements only need to be submitted once. MAIN DOCUMENT Decision No 70/2008/EC of the European Parliament and the Council of 15 January 2008 on a paperless environment for customs and trade (OJ L 23, 26.1.2008, pp. 21-26). RELATED DOCUMENTS Commission Implementing Decision (EU) 2016/578 of 11 April 2016 establishing the work programme relating to the development and deployment of the electronic systems provided for in the Union Customs Code (OJ L 99, 15.4.2016, pp. 6-20) Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (recast) (OJ L 269, 10.10.2013, pp. 1-101) Successive amendments to Regulation (EU) No 952/2013 have been incorporated into the original document. This consolidated version is of documentary value only. Communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee — A simple and paperless environment for customs and trade (COM(2003) 452 final, 24.7.2003) Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, pp. 1-50) See consolidated version. last update 06.02.2019


21.7.2010 EN Official Journal of the European Union L 187/5 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) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, 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 Article 143 in conjunction with Article 4 thereof, Whereas: (1) 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 (2) has been substantially amended several times (3). In the interests of clarity and rationality the said Regulation should be codified. (2) Article 135 of Regulation (EC) No 1234/2007 provides for the common customs tariff duties to be charged when the products referred to in Article 1 thereof are imported. However, for the products referred to in Article 136(1) of that Regulation, the import duty is to be the intervention price valid for these products at the time of importation, increased by 55 % and then reduced by the cif import price applicable to the consignment. (3) For the purposes of grading imported products, the products referred to in Article 136(1) of Regulation (EC) No 1234/2007 are, in certain cases, to be classed in several standard qualities. 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. 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. For durum wheat, these criteria are specific weight, miscellaneous impurity (Schwarzbesatz) content and vitreous grain content. Imported goods are accordingly to be subjected to analysis to determine these parameters for each lot imported. However, where the Union has established an official recognition procedure for quality certificates issued by an authority of the country of origin of the goods, these analyses should be able to be carried out merely by way of verification on a sufficiently representative number of imported lots. (4) Article 136(2) of Regulation (EC) No 1234/2007 provides that for the purposes of calculating the import duty, representative cif import prices are to be established on a regular basis for the products referred to in paragraph 1 of that Article. For the establishment of these prices, the use must be stipulated of quotations for the several wheat qualities and for the other cereals. The actual quotation sources to be used should be specified. (5) 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. The 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 of America. By the addition of sea freight costs between the Gulf of Mexico or the Great Lakes and a port of the Union that are quoted on the freight markets, these fob prices can be converted into representative cif import prices. Given the volume of freight passing through and the amount of trade at the port of Rotterdam, this port is the destination in the Union for which sea freight quotations are most widely known, most transparent and most easily available. The port of destination to be selected for the Union should therefore be Rotterdam. (6) Accordingly, for the sake of transparency, the representative cif import prices referred to in Article 136(2) of Regulation (EC) No 1234/2007, 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. However, freight cost differences by port of destination justify flat rate adjustment of the import duty for Union ports located on the Mediterranean and on the Black Sea, on the Atlantic coast of the Iberian Peninsula, in the United Kingdom and in Ireland, in the Nordic countries, in the Baltic States and in Poland. 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. In the case of sorghum and rye, the representative cif import price calculated for barley 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. (7) For the purpose of setting the import duty on the cereals referred to in Article 136 of Regulation (EC) No 1234/2007 a period of 10 working days recording of the representative cif import prices for each cereal will reflect market trends without introducing uncertainty. 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 that period. The import duty thus calculated can be applied for two weeks without any appreciable distorting effect on the duty paid import price. 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 the components of the calculation of import duty they fluctuate very substantially during the period of calculation, action must be taken to maintain a properly representative price for the product in question. 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. Even where this type of adjustment is made, the timing of the next determination need not be affected. (8) In the case of imports of 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. To take account of that quality premium 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. (9) In order to ensure that importers respect the provisions of this Regulation security should be required from them additional to that pertaining to licences. (10) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets, HAS ADOPTED THIS REGULATION: Article 1 The Common Customs Tariff duty rates referred to in Article 135 and Article 136(1) of Regulation (EC) No 1234/2007 shall be those applicable on the date stipulated by Article 67 of Council Regulation (EEC) No 2913/92 (4). Article 2 1. The import duties referred to in Article 136(1) of Regulation (EC) No 1234/2007 on products of CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002 00 00, 1005 10 90, 1005 90 00 and 1007 00 90 other than hybrid for sowing, shall be calculated daily but fixed on the 15 and the last working day of each month by the Commission for application respectively from the 16 of the month and the first day of the following month. Where the 15 is not a Commission working day, the duties shall be fixed on the working day preceding the 15 of the month in question. However, if during the period of application of the duties thus fixed the average import duty calculated differs by EUR 5 per tonne or more from that fixed, the corresponding adjustment shall be made. 2. The price to be used for the calculation of the import duty shall be the daily cif representative import price determined as specified in Article 5. For each fixing, the import duty considered shall be the average of import duties calculated during the previous 10 working days. For fixing and adjustments, the Commission shall not take account of daily import duties used for the previous fixing. The intervention price to be used for calculation of the duties shall be that of the month in which the import duty applies. 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 certificate 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 this must accompany the goods until completion of the customs import formalities. Article 3 1. 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 1904 10 10, 1103 13 or 1104 23 within six months from the date of acceptance of entry for free circulation. 3. The end-use provisions of Article 82 of Regulation (EEC) No 2913/92 and Articles 291 to 300 of Commission Regulation (EC) No 2454/93 (5) shall apply. 4. Notwithstanding Article 293(1)(e) of Regulation (EEC) No 2454/93, the importer shall lodge with the competent authority an additional security of EUR 24 per tonne for flint maize, except where an import licence is accompanied by a certificate of conformity issued by the Argentine Servicio National de Sanidad y Calidad Agroalimentaria (Senasa) in accordance with Article 7(2)(a) of this Regulation. In such cases, the type of certificate of conformity and its number shall be entered in box 24 of the import licence application and the import licence itself. 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 security shall be equal to the duty amount. Article 4 The quality standards to be met on importation into the Union and the tolerances allowed shall be those shown in Annex II. Article 5 1. For common wheat of high quality, durum wheat, maize and the other feed grains referred to in Article 2(1) of this Regulation, the components determining the representative cif import prices referred to in Article 136(2) of Regulation (EC) No 1234/2007 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 and in particular, in the case of durum wheat, attached to the meal quality; (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 25 000 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, the following premiums and discounts shall apply: (a) premium of EUR 14 per tonne for high quality common wheat; (b) discount of EUR 10 per tonne for medium quality durum wheat; (c) discount of EUR 30 per tonne for low quality durum wheat. 4. The representative cif import prices for durum wheat, high quality common wheat and maize shall be the sum of the components referred to in points (a), (b) and (c) of paragraph 1. The representative cif import prices for rye and sorghum shall be calculated using the barley quotations in the United States of America in accordance with, the provisions of Annex III. 5. The representative cif import prices for common wheat seed of CN code 1001 90 91 and maize seed of CN code 1005 10 90 shall be those calculated for high quality common wheat and maize respectively. Article 6 1. Import licences applications for high quality common wheat shall be valid only if the applicant: (a) enters the quality to be imported in box 20 of the import licence; (b) gives a written commitment to lodge with the relevant competent body on the date of acceptance of the declaration of release for free circulation a specific security additional to those provided for in Article 12 of Commission Regulation (EC) No 1342/2003 (6). The additional security referred to in point (b) of the first subparagraph, shall be EUR 95 per tonne. However, in cases where the import licence is to be accompanied by certificates of conformity issues by the Federal Grain Inspection Service (FGIS) and by the Canadian Grain Commission (CGC) in accordance with Article 7(2)(b) or (c), no additional security shall be required. In such cases, the type of certificate of conformity and its number shall be entered in box 24 of the import licence application and import licence itself. 2. Import licences applications for durum wheat shall be valid only if the applicant: (a) enters the quality to be imported in box 20 of the import licence; (b) gives a written commitment to lodge with the relevant competent body on the date of acceptance of the declaration of release for free circulation a specific security additional to those provided for in Article 12 of Regulation (EC) No 1342/2003, if the import duty on the quality shown in box 20 of the import licence is not the highest duty for the product category in question. The amount of the additional security referred to in point (b) of the first subparagraph shall be the difference on the day of acceptance of the declaration of release for free circulation between the highest 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 commitment referred to in point (b) of the first subparagraph shall not be required. Where the import licence is to be accompanied by certificates of conformity issued by the Federal Grain Inspection Service (FGIS) and by the Canadian Grain Commission (CGC), in accordance with Article 7, no additional security shall be required. In this case, the import licence shall contain in box 24 the mention of the type of certificate of conformity. 3. Where customs duties for all quality categories of common wheat have been suspended under Article 187 of Regulation (EC) No 1234/2007, the additional security of EUR 95 per tonne referred to in paragraph 1 of this Article shall not be required for the entire period which the duties are suspended. Article 7 1. The customs office of release for free circulation shall take representative samples, in accordance with Annex I to Commission Regulation (EC) No 152/2009 (7), 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 63 to 65 of Regulation (EEC) No 2454/93: (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 1272/2009 (8). 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 import licence the importer shall pay the difference between the import duty applicable to the product shown on the licence and that on the product actually imported. In this case, the security for the import licence referred to in Article 12(a) of Regulation (EC) No 1342/2003 and the additional security provided for in Articles 3(4), and 6 (1) and (2) of this Regulation shall be released, except for the EUR 5 supplement provided for in the second subparagraph of that Article 6(2). If the difference referred to in the first subparagraph is not paid within one month, the additional 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 8 Regulation (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 9 This 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. Done at Brussels, 20 July 2010. For the Commission The President José Manuel BARROSO (1) OJ L 299, 16.11.2007, p. 1. (2) OJ L 161, 29.6.1996, p. 125. (3) See Annex VIII. (4) OJ L 302, 19.10.1992, p. 1. (5) OJ L 253, 11.10.1993, p. 1. (6) OJ L 189, 29.7.2003, p. 12. (7) OJ L 54, 26.2.2009, p. 1. (8) OJ L 349, 29.12.2009, p. 1. ANNEX I ANNEX II Classification standards for imported products (on the basis of a moisture content of 12 % by weight or equivalent) Product Common wheat and spelt (1) excluding meslin Durum wheat Flint maize Maize other than flint Other grains CN code 1001 90 1001 10 00 1005 90 00 1005 10 90 and 1005 90 00 1002, 1003 and 1007 00 90 Quality (2) 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 Permitted tolerance Common/durum wheat Flint maize Protein percentage –0,7 — Specific weight –0,5 –0,5 Impurity percentage +0,5 — Vitreous grain percentage –2,0 –3,0 Flotation index — +1,0 (1) Including husked spelt. (2) The methods of analysis provided for in Part IV of Annex I to Regulation (EU) No 1272/2009 are applicable. ANNEX III Quotation exchanges and reference varieties Product Common wheat Durum wheat Maize Other feed grains Standard quality High Medium Low Reference variety (type/grade) for exchange quotation Hard Red Spring No 2 Hard Red Winter No 2 Soft Red Winter No 2 Hard Amber Durum No 2 Yellow Corn No 3 US Barley No 2 Quotation exchange Minneapolis Grain Exchange Kansas City Board of Trade Chicago Board of Trade Minneapolis Grain Exchange (1) Chicago Board of Trade Minneapolis Grain Exchange (2) (1) Where no quotation is available that can be used to calculate a representative cif import price, fob quotations publicly available in the United States of America shall be used. (2) Where no quotation is available that can be used to calculate a representative cif import price, the most representative fob quotations publicly available in the United States of America shall be used. ANNEX IV BLANK QUALITY CERTIFICATE FROM SENASA AUTHORISED BY ARGENTINE GOVERNMENT (ARTICLE 7(2)) ANNEX V BLANK CERTIFICATE OF CONFORMITY AUTHORISED BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA FOR COMMON WHEAT BLANK CERTIFICATE OF CONFORMITY AUTHORISED BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA FOR DURUM WHEAT ANNEX VI BLANK CERTIFICATE OF CONFORMITY AUTHORISED BY THE GOVERNMENT OF CANADA FOR COMMON AND DURUM WHEAT AND EXPORT GRADE SPECIFICATIONS Export grade specifications for Canadian common and durum wheat COMMON 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 WHEAT 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 Notes: ‘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. ANNEX VII STANDARD 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) × 100 Repeat 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 amendments 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 (1) (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). (1) Regulation as amended by Regulation (EC) No 2015/2001 (OJ L 272, 13.10.2001, p. 31). 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

Summary: Tariffs on grain imports Tariffs on grain imports SUMMARY OF: Regulation (EU) No 642/2010 on rules of application (cereal sector import duties) for Regulation (EC) No 1234/2007 WHAT IS THE AIM OF THE REGULATION? Regulation (EU) No 642/2010 sets out rules applying to variable import duties on high quality wheat, durum wheat, rye, maize and sorghum. KEY POINTS Tariff calculation The import tariffs applied to the following cereal sector products (designated by their respective combined nomenclature, or CN code) are calculated daily by the European Commission. CN codes 1001 11 00 and 1001 19 00 (durum wheat);CN code ex 1001 91 20 (common wheat seed);CN code ex 1001 99 00 (high-quality common wheat other than seed);CN codes 1002 10 00 and 1002 90 00 (rye);CN code 1005 10 90 (maize (corn) seed other than hybrid);CN code 1005 90 00 (maize other than seed);CN codes 1007 10 90 and 1007 90 00 (grain sorghum, other than hybrids for sowing). The tariffs applied are equal to the intervention price at the time of importation (fixed at €101.31 per tonne), increased by 55% and minus the import price, which is based on the cost, insurance and freight (CIF) price, i.e. the price delivered at the border of the importing country. The import duty applied is an average of the import duties calculated during the previous 10 working days. If this average differs by more than €5 per tonne from one day to the next, the Commission determines the new import duty. Duty may not exceed the conventional duty rates* based on the combined nomenclature, the tool used to classify goods when they are declared to customs in the European Union (EU). Representative CIF import prices are regularly updated. For wheat and maize imports, the representative CIF price comprises three elements: its price on a world reference market, plus the cost of freight to a US export port (US Gulf or US Great Lakes/Duluth) plus the cost of freight between the US port and Rotterdam. The representative CIF import prices for high quality durum wheat, durum wheat seed and common wheat seed is the price calculated for high quality common wheat. The representative CIF import price for medium quality durum wheat and low quality durum wheat is the price calculated for high quality common wheat, to which a discount of €10 per tonne applies for medium quality durum wheat and a discount of €30 per tonne for low quality durum wheat. The representative CIF import price for sorghum other than seed, sorghum seed falling within CN code 1007 10 90, rye other than seed, rye seed and maize seed falling within CN code 1005 10 90 is the price calculated for maize other than seed. Tariff reductions The following tariff reductions apply to the fixed import duties. A tariff reduction of €3 per tonne if the port of unloading in the EU is located in the Mediterranean (beyond the Strait of Gibraltar) or Black Sea and if goods arrive via the Atlantic Ocean or via the Suez Canal. A tariff reduction of €2 per tonne if the port of unloading in the EU is located on the Atlantic coast of the Iberian Peninsula, Ireland, Denmark, Estonia, Latvia, Lithuania, Poland, Finland or Sweden and if the goods arrive via the Atlantic Ocean. A tariff reduction of €24 per tonne on flint maize meeting certain specifications. Within 6 months from the date of acceptance of entry for free circulation, it must be processed into prepared foods obtained by swelling or roasting, groats or meal, or worked grains (hulled, pearled, sliced or kibbled). Security cautions For high-quality common wheat and durum wheat, importers will normally lodge a security (€95 per tonne for common wheat) with the competent authority on the date of acceptance of the declaration of release for free circulation, except where that declaration is accompanied by an official certificate of conformity. Repeal Regulation (EU) No 642/2010 repeals Regulation (EC) No 1249/96. FROM WHEN DOES THE REGULATION APPLY? It has applied since 10 August 2010. BACKGROUND For more information, see: Cereals, oilseeds, protein crops and rice (European Commission) Legal basis for cereals, oilseeds and protein crops, and rice sectors (European Commission). KEY TERMS Conventional duty rates. The EU tariff commitments in the World Trade Organization, and some EU autonomous duties. MAIN DOCUMENT 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 (OJ L 187, 21.7.2010, pp. 5–22). Successive amendments to Regulation (EU) No 642/2010 have been incorporated into the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Regulation (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, pp. 671–854). See consolidated version. last update 06.12.2021