# COMMISSION REGULATION (EC) No 1701/2004

of 30 September 2004

fixing the import duties in the cereals sector applicable from 1 October 2004

## Preamble

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals [^1] ,

Having regard to Commission Regulation (EC) No 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards import duties in the cereals sector [^2] , and in particular Article 2(1) thereof,

Whereas:

**(1)** Article 10 of Regulation (EC) No 1784/2003 provides that the rates of duty in the Common Customs Tariff are to be charged on import of the products referred to in Article 1 of that Regulation. However, in the case of the products referred to in paragraph 2 of that Article, the import duty is to 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 rate of duty in the Common Customs Tariff.

**(2)** Pursuant to Article 10(3) of Regulation (EC) No 1784/2003, the cif import prices are calculated on the basis of the representative prices for the product in question on the world market.

**(3)** Regulation (EC) No 1249/96 lays down detailed rules for the application of Regulation (EC) No 1784/2003 as regards import duties in the cereals sector.

**(4)** The import duties are applicable until new duties are fixed and enter into force.

**(5)** In order to allow the import duty system to function normally, the representative market rates recorded during a reference period should be used for calculating the duties.

**(6)** Application of Regulation (EC) No 1249/96 results in import duties being fixed as set out in Annex I to this Regulation,

HAS ADOPTED THIS REGULATION:

## **Article 1**

The import duties in the cereals sector referred to in Article 10(2) of Regulation (EC) No 1784/2003 shall be those fixed in Annex I to this Regulation on the basis of the information given in Annex II.

## **Article 2**

This Regulation shall enter into force on 1 October 2004.

## Final provisions

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 30 September 2004. *For the Commission* J. M. SILVA RODRÍGUEZ *Agriculture Director-General*

[^1] [OJ L 270, 21.10.2003, p. 78](http://publications.europa.eu/resource/oj/JOL_2003_270_R_TOC) .

[^2] [OJ L 161, 29.6.1996, p. 125](http://publications.europa.eu/resource/oj/JOL_1996_161_R_TOC) . Regulation as last amended by Regulation (EC) No 1110/2003 ( [OJ L 158, 27.6.2003, p. 12](http://publications.europa.eu/resource/oj/JOL_2003_158_R_TOC) ).

Import duties for the products covered by Article 10(2) of Regulation (EC) No 1784/2003 applicable from 1 October 2004

| CN code | Description | Import duty [^1]<br>(EUR/tonne) |
| --- | --- | --- |
| 1001 10 00 | Durum wheat high quality | 0,00 |
| medium quality | 0,00 |  |
| low quality | 0,00 |  |
| 1001 90 91 | Common wheat seed | 0,00 |
| ex 1001 90 99 | Common high quality wheat other than for sowing | 0,00 |
| 1002 00 00 | Rye | 41,43 |
| 1005 10 90 | Maize seed other than hybrid | 50,11 |
| 1005 90 00 | Maize other than seed [^2] | 50,11 |
| 1007 00 90 | Grain sorghum other than hybrids for sowing | 41,43 |

[^1] For goods arriving in the Community via the Atlantic Ocean or via the Suez Canal (Article 2(4) of Regulation (EC) No 1249/96), the importer may benefit from a reduction in the duty of:

— EUR 3/t, where the port of unloading is on the Mediterranean Sea, or

— EUR 2/t, where the port of unloading is in Ireland, the United Kingdom, Denmark, Estonia, Latvia, Lithuania, Poland, Finland, Sweden or the Atlantic coasts of the Iberian peninsula.

[^2] The importer may benefit from a flat-rate reduction of EUR 24/t, where the conditions laid down in Article 2(5) of Regulation (EC) No 1249/96 are met.

**1.** Averages over the reference period referred to in Article 2(2) of Regulation (EC) No 1249/96: Exchange quotations Minneapolis Chicago Minneapolis Minneapolis Minneapolis Minneapolis Product (% proteins at 12 % humidity) HRS2 (14 %) YC3 HAD2 Medium quality Low quality US barley 2 Quotation (EUR/t) 126,45 67,59 160,95 150,95 130,95 82,14 Gulf premium (EUR/t) — 10,67 — — Great Lakes premium (EUR/t) 13,27 — — —

**2.** Averages over the reference period referred to in Article 2(2) of Regulation (EC) No 1249/96: Freight/cost: Gulf of Mexico–Rotterdam: 28,67 EUR/t; Great Lakes–Rotterdam: 33,45 EUR/t.

**3.** Subsidy within the meaning of the third paragraph of Article 4(2) of Regulation (EC) No 1249/96: 0,00 EUR/t (HRW2) 0,00 EUR/t (SRW2).

A discount of 10 EUR/t (Article 4(3) of Regulation (EC) No 1249/96).

A discount of 30 EUR/t (Article 4(3) of Regulation (EC) No 1249/96).

Premium of 14 EUR/t incorporated (Article 4(3) of Regulation (EC) No 1249/96).

Fob Duluth.

[^1]: For goods arriving in the Community via the Atlantic Ocean or via the Suez Canal (Article 2(4) of Regulation (EC) No 1249/96), the importer may benefit from a reduction in the duty of:
[^2]: The importer may benefit from a flat-rate reduction of EUR 24/t, where the conditions laid down in Article 2(5) of Regulation (EC) No 1249/96 are met.