21.7.2010

Official Journal of the European Union

L 187/1

COUNCIL DECISION 2010/404/CFSP

of 14 June 2010

concerning the signing and conclusion of the Agreement between the European Union and the Principality of Liechtenstein on security procedures for exchanging classified information

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union (hereinafter referred to as ‘TEU’), in particular Article 37 thereof, and the Treaty on the Functioning of the European Union (hereinafter referred to as ‘TFEU’), in particular Article 218(5) and the first subparagraph of Article 218(6) thereof,

Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)	At its meeting on 9 June 2008, the Council decided to authorise the Presidency to open negotiations, in accordance with former Article 24 of the TEU, with the Principality of Liechtenstein in order to conclude an agreement on the security of information.

(2)	Following that authorisation, the Presidency negotiated an Agreement with the Principality of Liechtenstein on security procedures for exchanging classified information.

(3)	This Agreement should be approved,

HAS ADOPTED THIS DECISION:

Article 1

The Agreement between the European Union and the Principality of Liechtenstein on security procedures for exchanging classified information is hereby approved on behalf of the Union.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Union.

Article 3

This Decision shall enter into force on the date of its adoption.

Done at Luxembourg, 14 June 2010.

For the Council

The President

C. ASHTON

AGREEMENT

between the European Union and the Principality of Liechtenstein on security procedures for exchanging classified information

The EUROPEAN UNION, hereinafter referred to as ‘the EU’, and

The PRINCIPALITY OF LIECHTENSTEIN, hereinafter referred to as ‘Liechtenstein’,

Hereinafter referred to as ‘the Parties’,

CONSIDERING THAT the Parties share the objectives to strengthen their own security in all ways and to provide their citizens with a high level of safety within an area of security,

CONSIDERING THAT the Parties agree that consultations and cooperation should be developed between them on questions of common interest relating to security,

CONSIDERING THAT, in this context, a permanent need therefore exists to exchange classified information between the Parties,

RECOGNISING THAT full and effective consultation and cooperation may require access to classified information and material of the EU and of Liechtenstein, as well as the exchange of classified information and related material between the Parties,

CONSCIOUS THAT such access to and exchange of classified information and related material require appropriate security measures,

HAVE AGREED AS FOLLOWS:

Article 1

In order to fulfil the objectives of strengthening the security of each of the Parties in all ways, this Agreement between the Principality of Liechtenstein and the European Union on security procedures for exchanging classified information (hereinafter referred to as the ‘Agreement’) shall apply to classified information or material in any form either provided or exchanged between the Parties.

Article 2

For the purposes of this Agreement, ‘classified information’ shall mean any information (i.e. knowledge that can be communicated in any form) or material determined by either of the Parties to require protection against unauthorised disclosure and which has been so designated by a security classification.

Article 3

The EU institutions and entities to which this Agreement shall apply are: the European Council, the Council of the European Union (hereinafter referred to as ‘the Council’), the General Secretariat of the Council, the High Representative of the Union for Foreign Affairs and Security Policy, the European External Action Service (hereinafter: ‘the EEAS’) and the European Commission. For the purposes of this Agreement, these institutions and entities shall be referred to as ‘the EU’.

Article 4

Each Party shall:

(a)	protect and safeguard classified information provided or exchanged by the other Party under this Agreement;

(b)

ensure that classified information provided or exchanged under this Agreement keeps the security classification marking given to it by the providing Party. The receiving Party shall protect and safeguard the classified information according to the provisions set out in its own security regulations for information or material holding an equivalent security classification, as specified in the security arrangements to be established pursuant to Article 11;

(c)	not use such classified information for purposes other than those established by the originator or those for which the information is provided or exchanged;

(d)	not disclose such classified information to third parties, or to any EU institution or entity not referred to in Article 3, without the prior written consent of the providing Party;

(e)	not allow access to classified information to individuals unless they have a need to know and have been appropriately security-cleared.

Article 5

1. Classified information may be disclosed or released, in accordance with the principle of originator control, by one Party (the providing Party) to the other Party (the receiving Party).

2. For release to recipients other than the Parties, a decision on disclosure or release of classified information will be made by the receiving Party following the written consent of the providing Party, in accordance with the principle of originator control as defined in the latter’s security regulations.

3. In implementing paragraphs 1 and 2, no generic release shall be possible unless procedures are established and agreed upon between the Parties regarding certain categories of information which are relevant to their operational requirements.

Article 6

Each of the Parties, and the institutions and entities referred to in Article 3 of this Agreement, shall ensure that they have a security system and security measures in place, based on the basic principles and minimum standards of security laid down in their respective laws or regulations, and reflected in the arrangements to be established pursuant to Article 11, in order to ensure that an equivalent level of protection is applied to classified information provided or exchanged under this Agreement.

Article 7

1. The Parties shall ensure that all persons who, in the conduct of their official duties, require access, or whose duties or functions may afford access, to classified information provided or exchanged under this Agreement are appropriately security-cleared before they are granted access to such information.

2. The security clearance procedures shall be designed to determine whether an individual may, taking into account his or her loyalty, trustworthiness and reliability, have access to classified information.

Article 8

The Parties shall provide mutual assistance with regard to the security of classified information provided or exchanged under this Agreement and matters of common security interest. Reciprocal security consultations and inspections shall be conducted by the authorities referred to in Article 11 to assess the effectiveness of the security arrangements within their respective responsibility to be established pursuant to that Article.

Article 9

1. For the purpose of this Agreement:

(a)	as regards the EU, all correspondence shall be sent through the Chief Registry Officer of the Council and shall be forwarded by him to the Member States and to the institutions or entities referred to in Article 3, subject to paragraph 2;

(b)	as regards Liechtenstein, all correspondence shall be sent to the Chief Registry Officer of the Ministry of Interior of Liechtenstein and forwarded, where appropriate, via the Mission of Liechtenstein to the EU.

2. Exceptionally, correspondence from one Party which is accessible to only specific competent officials, organs or services of that Party may, for operational reasons, be addressed and be accessible only to specific competent officials, organs or services of the other Party specifically designated as recipients, taking into account their competencies and according to the need-to-know principle. As far as the EU is concerned, such correspondence shall be transmitted through the Chief Registry Officer of the Council, the Chief Registry Officer of the European Commission or the Chief Registry Officer of the EEAS, as appropriate. As far as Liechtenstein is concerned, such correspondence shall be transmitted through the Mission of Liechtenstein to the EU.

Article 10

The Minister of Interior of Liechtenstein, the Secretary-General of the Council and the Member of the European Commission responsible for security matters shall oversee the implementation of this Agreement.

Article 11

1. In order to implement this Agreement, security arrangements shall be established between the three authorities designated in paragraphs 2, 3 and 4 in order to lay down the standards for the reciprocal security protection of classified information under this Agreement.

2. The Ministry of Interior of Liechtenstein shall develop the security arrangements for the protection and safeguarding of classified information provided to Liechtenstein under this Agreement.

3. The Security Office of the General Secretariat of the Council, under the direction and on behalf of the Secretary-General of the Council, acting in the name of the Council and under its authority, shall develop the security arrangements for the protection and safeguarding of classified information provided to the EU under this Agreement.

4. The European Commission Security Directorate, acting under the authority of the Member of the Commission responsible for security matters, shall develop the security arrangements for the protection of classified information provided or exchanged under this Agreement within the European Commission and its premises.

5. For the EU, the security arrangements mentioned in paragraph 1 shall be subject to approval by the Council Security Committee.

Article 12

The Authorities referred to in Article 11 shall establish procedures to be followed in the case of proven or suspected compromise of classified information provided or exchanged under this Agreement.

Article 13

Each Party shall bear its own costs incurred in implementing this Agreement.

Article 14

Before classified information is provided or exchanged between the Parties under this Agreement, the responsible security authorities referred to in Article 11 shall agree that the receiving Party is able to protect and safeguard the information in a way consistent with the arrangements to be established pursuant to that Article.

Article 15

This Agreement shall not prevent the Parties from concluding other agreements relating to the provision or exchange of classified information provided that they do not conflict with the provisions of this Agreement.

Article 16

Any disputes between Liechtenstein and the EU arising out of the interpretation or application of this Agreement shall be addressed by negotiation between the Parties.

Article 17

1. This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal procedures necessary for this purpose.

2. Each Party shall notify the other Party of any changes in its laws and regulations that could affect the protection of classified information referred to in this Agreement.

3. This Agreement may be reviewed for consideration of possible amendments at the request of either Party.

4. Any amendment to this Agreement shall be made in writing only and by common agreement of the Parties. It shall enter into force upon mutual notification as provided under paragraph 1.

Article 18

This Agreement may be denounced by one Party by written notice of denunciation given to the other Party. Such denunciation shall take effect six months after receipt of the notification by the other Party, but shall not affect obligations already entered into under this Agreement. In particular, all classified information provided or exchanged pursuant to this Agreement shall continue to be protected in accordance with the provisions set forth herein.

In witness whereof the undersigned, respectively duly authorised, have signed this Agreement.

Done at Brussels, on the sixth day of July in the year two thousand and ten in two copies, each in the English language.

For the Principality of Liechtenstein

For the European Union

21.7.2010

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

Text of image

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

—

3.	Maximum impurity percentage (Schwarzbesatz)

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))

Text of image

ANNEX V

BLANK CERTIFICATE OF CONFORMITY AUTHORISED BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA FOR COMMON WHEAT

Text of image

FORM FGIS-909 JAN 07

UNITED STATES DEPARTMENT OF AGRICULTURE FEDERAL GRAIN INSPECTION SERVICE

U.S. GRAIN STANDARDS ACT

OFFICIAL EXPORT INSPECTION CERTIFICATE

Approved OMB No. 0580-0013

ORIGINAL

US-XXXX-X-XXXX

NOT NEGOTIABLE

LEVEL OF INSPECTION:

ISSUED AT:

DATE OF SERVICE:

IDENTIFICATION:

LOCATION:

QUANTITY: (this in NOT a weight certificate)

GRADE AND KIND:

RESULTS:

REMARKS:

APPLICANT NAME:

ISSUING OFFICE:

I CERTIFY THAT THE SERVICES SPECIFIED ABOVE WERE PERFORMED WITH THE RESULTS STATED.

NAME OF SIGNATURE:

This certificate is issued under the authority of the United States Grain Standards Act, as amended (7 U.S.C. 71 et seq.), and the regulations thereunder (7 CFR 800.0 et seq.). It is issued to show the kind, class, grade, quality, condition, or quatity of grain; or the condition of a carrier or container for the storage or transportation of grain; or other facts relating to grain as determined by official personnel. The statements on the certificate are considered true at the time and place the inspection or weighing service was performed. The certificate shall not be considered representative of the lot if the grain is transshipped or is otherwise transferred from the identified carrier or container or if grain or other material is added to or removed from the total lot. If this certificate is not canceled by a superseding certificate, it is receivable by all officers and all courts of the United States as prima facie evidence of the truth of the facts stated therein. This certificate does not excuse failure to comply with the provisions of the Federal Food, Drug, and Cosmetic Act or other Federal law.

WARNING: Any person who shall knowingly falsely make, issue, alter, forge, or counterfeit this certificate, or participate in any such actions, or otherwise violate provisions in the U.S. Grain Standards Act, the U.S. Warehouse Act, or related Federal laws is subject to criminal, civil, and administrative penalties. The conduct of all services and the licensing of personnel under the regulations governing such services shall be accomplished without discrimination as to race, color, religion, sex, national origin, age, or handicap.

According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information is 0580-0013. The time required to disclose this recordkeeping requirement is to average 39.097 hours per recordkeeper annually, including the time to retain such records, and to notify, disclose, and report to third parties such recordkeeping requirements.

BLANK CERTIFICATE OF CONFORMITY AUTHORISED BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA FOR DURUM WHEAT

Text of image

FORM FGIS-909 JAN 07

UNITED STATES DEPARTMENT OF AGRICULTURE FEDERAL GRAIN INSPECTION SERVICE

U.S. GRAIN STANDARDS ACT

OFFICIAL EXPORT INSPECTION CERTIFICATE

Approved OMB No. 0580-0013

ORIGINAL

US-XXXX-X-XXXX

NOT NEGOTIABLE

LEVEL OF INSPECTION:

ISSUED AT:

DATE OF SERVICE:

IDENTIFICATION:

LOCATION:

QUANTITY: (this is NOT a weight certificate)

GRADE AND KIND:

RESULTS:

REMARKS:

APPLICANT NAME:

ISSUING OFFICE:

I CERTIFY THAT THE SERVICES SPECIFIED ABOVE WERE PERFORMED WITH THE RESULTS STATED.

NAME OR SIGNATURE:

ANNEX VI

BLANK CERTIFICATE OF CONFORMITY AUTHORISED BY THE GOVERNMENT OF CANADA FOR COMMON AND DURUM WHEAT AND EXPORT GRADE SPECIFICATIONS

Text of image

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

		ISSN 1725-2555 doi:10.3000/17252555.L_2010.187.eng
Official Journal of the European Union		L 187

English edition	Legislation	Volume 53 21 July 2010

Contents		II Non-legislative acts	page
		INTERNATIONAL AGREEMENTS
	*	Council Decision 2010/404/CFSP of 14 June 2010 concerning the signing and conclusion of the Agreement between the European Union and the Principality of Liechtenstein on security procedures for exchanging classified information	1
		Agreement between the European Union and the Principality of Liechtenstein on security procedures for exchanging classified information	2
		REGULATIONS
	*	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	5
		Commission Regulation (EU) No 643/2010 of 20 July 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables	23
		Commission Regulation (EU) No 644/2010 of 20 July 2010 fixing the allocation coefficient to be applied to applications for import licences lodged from 9 to 16 July 2010 under the tariff quota for maize opened by Regulation (EC) No 969/2006	25
		Commission Regulation (EU) No 645/2010 of 20 July 2010 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 877/2009 for the 2009/10 marketing year	26

(EUR/100 kg)
CN code	Third country code (1)	Standard import value
0702 00 00	MK	41,0
	TR	77,3
	ZZ	59,2
0707 00 05	MK	41,0
	TR	105,8
	ZZ	73,4
0709 90 70	TR	90,3
0709 90 70	ZZ	90,3
0805 50 10	AR	86,8
	UY	75,9
	ZA	82,1
	ZZ	81,6
0808 10 80	AR	85,4
	BR	79,9
	CA	99,3
	CL	88,8
	CN	81,0
	NZ	110,6
	US	121,1
	UY	111,6
	ZA	94,9
	ZZ	97,0
0808 20 50	AR	82,0
	CL	109,0
	CN	98,4
	NZ	176,5
	ZA	97,4
	ZZ	112,7
0809 10 00	TR	195,5
0809 10 00	ZZ	195,5
0809 20 95	CL	150,0
	TR	256,7
	US	769,6
	ZZ	392,1
0809 30	AR	75,9
	TR	160,0
	ZZ	118,0
0809 40 05	BR	123,2
	IL	165,9
	TR	133,7
	ZZ	140,9

(EUR)
CN code	Representative price per 100 kg net of the product concerned	Additional duty per 100 kg net of the product concerned
1701 11 10 (1)	41,21	0,00
1701 11 90 (1)	41,21	2,54
1701 12 10 (1)	41,21	0,00
1701 12 90 (1)	41,21	2,24
1701 91 00 (2)	41,32	5,07
1701 99 10 (2)	41,32	1,94
1701 99 90 (2)	41,32	1,94
1702 90 95 (3)	0,41	0,27

		Corrigenda
	*	Corrigendum to Commission Regulation (EU) No 637/2010 of 19 July 2010 suspending submission of applications for import licences for sugar products under certain tariff quotas ( OJ L 186, 20.7.2010 )	28