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Document 02010R0642-20170921
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)
Consolidated text: Commission Regulation (EU) No 642/2010 of 20 July 2010 on rules of application (cereal sector import duties) for Council Regulation (EC) No 1234/2007 (codification)
Commission Regulation (EU) No 642/2010 of 20 July 2010 on rules of application (cereal sector import duties) for Council Regulation (EC) No 1234/2007 (codification)
No longer in force
02010R0642 — EN — 21.09.2017 — 005.001
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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, p. 5) |
Amended by:
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Official Journal |
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No |
page |
date |
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L 70 |
31 |
17.3.2011 |
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COMMISSION IMPLEMENTING REGULATION (EU) No 643/2011 of 1 July 2011 |
L 175 |
1 |
2.7.2011 |
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COMMISSION IMPLEMENTING REGULATION (EU) No 265/2014 of 14 March 2014 |
L 76 |
26 |
15.3.2014 |
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COMMISSION IMPLEMENTING REGULATION (EU) 2017/1328 of 17 July 2017 |
L 185 |
24 |
18.7.2017 |
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COMMISSION IMPLEMENTING REGULATION (EU) 2017/1587 of 19 September 2017 |
L 241 |
15 |
20.9.2017 |
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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)
Article 1
Article 2
The intervention price to be used for the calculation of import duty shall be EUR 101,31 per tonne.
The import price to be used for the calculation of the import duty shall be the daily cif representative import price determined using the method provided for in Article 5 of this Regulation.
The Commission shall fix the import duty if the average of the import duties calculated during the previous 10 working days differs by more than EUR 5 per tonne compared to the duty fixed or if the average is once again nil.
On the occasion of each fixing, the import duty and the factors used for their calculation shall be published in the Official Journal of the European Union ( 2 ).
The import duty fixed shall apply from the date of publication.
The import duty fixed under this Regulation shall apply until a new import duty is fixed and enters into force.
▼M3 —————
Where the port of unloading in the Union is located:
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;
on the Atlantic coast of the Iberian Peninsula, in the United Kingdom, in Ireland, in Denmark, in Estonia, in Latvia, in Lithuania, in Poland, in Finland and in Sweden and where the goods arrive via the Atlantic Ocean, the Commission shall reduce the import duty by EUR 2 per tonne.
The customs authority at the port of unloading shall issue a document in accordance with the model given in Annex I attesting the quantity of each product unloaded. For the duty reduction provided for in the first subparagraph to be granted, that document must accompany the goods until completion of the customs import formalities.
Article 3
If, however, the duty applicable on the date of the acceptance of the declaration of release for free circulation is less than EUR 24 per tonne of maize, the specific security shall be equal to the duty amount.
Article 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
For high quality soft wheat and maize other than seed, as referred to in Article 1(1) of this Regulation, the components determining the representative cif import prices referred to in Article 1(2) shall be:
the representative exchange quotation on the market of the United States of America;
the known commercial premiums and discounts attached to that quotation in the United States of America market on the quotation day;
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.
The Commission shall record each working day:
the component referred to in paragraph 1(a) from the exchanges and using the reference qualities shown in Annex III;
components referred to in points (b) and (c) of paragraph 1 from publicly available information.
The representative cif import prices for high quality durum wheat, durum wheat seed and common wheat seed shall be the price calculated for high quality common wheat.
The representative cif import price for medium quality durum wheat and low quality durum wheat shall be the price calculated for high quality common wheat, to which a discount of EUR 10 per tonne shall apply for medium quality durum wheat, and a discount of EUR 30 per tonne for low quality durum wheat.
The representative cif import price for sorghum other than seed, sorghum seed falling within CN code 1007 10 90 , rye other than seed, rye seed and maize seed falling within CN code 1005 10 90 shall be the price calculated for maize other than seed.
▼M3 —————
Article 6
If, however, import duties for all quality categories of common wheat have been suspended under Article 219 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council ( 3 ), the specific security shall not be required for the entire period during which the duties are suspended.
The amount of the specific security shall be the difference on the day of acceptance of the declaration of release for free circulation between the highest import duty and that applicable to the quality shown, plus a supplement of EUR 5 per tonne. However, where the import duty applicable to the different qualities of durum wheat is zero, the specific security shall not be required.
Article 7
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.
The following certificates of conformity shall be officially recognised by the Commission pursuant to the principles laid down in Articles 58 and 59 of Commission Implementing Regulation (EU) 2015/2447 ( 5 ):
certificates issued by the Servicio Nacional de Sanidad y Calidad Agroalimentaria (Senasa) of Argentina for flint maize;
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;
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.
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:
their crown shows no fissure;
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.
If the difference referred to in the first subparagraph is not paid within one month, the specific security provided for in Article 3(4) and Article 6(1) and (2) shall be forfeit.
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.
ANNEX I
Model referred to in Article 2(4)
Product unloaded (CN code and, for common wheat, durum wheat and maize, quality declared in accordance with Article 5): …
Quantity unloaded (in kilograms): …
ANNEX Ia
Percentage referred to in Article 2(5)
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Year |
Percentage |
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2017 |
87,5 |
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2018 |
75 |
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2019 |
62,5 |
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2020 |
50 |
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2021 |
37,5 |
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2022 |
25 |
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2023 |
12,5 |
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2024 and each subsequent year |
0 (duty-free) |
ANNEX II
Classification standards for imported products
(on the basis of a moisture content of 12 % by weight or equivalent)
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Product |
Common wheat and spelt (1) excluding meslin |
Durum wheat |
Flint maize |
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CN code |
ex 1001 91 20 and ex 1001 99 00 |
1001 11 00 and 1001 19 00 |
ex 1005 90 00 |
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Quality (2) |
High |
Medium |
Low |
High |
Medium |
Low |
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1. Minimum protein percentage |
14,0 |
11,5 |
— |
— |
— |
— |
— |
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2. Minimum specific weight kg/hl |
77,0 |
74,0 |
— |
76,0 |
76,0 |
— |
76,0 |
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3. Maximum impurity percentage (Schwarzbesatz) |
1,5 |
1,5 |
— |
1,5 |
1,5 |
— |
— |
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4. Minimum vitreous grain percentage |
— |
— |
— |
75,0 |
62,0 |
— |
95,0 |
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5. Maximum flotation index |
— |
— |
— |
— |
— |
— |
25,0 |
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(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. |
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Tolerances
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Permitted tolerance |
Common/durum wheat |
Flint maize |
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Protein percentage |
– 0,7 |
— |
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Minimum specific weight |
– 0,5 |
– 0,5 |
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Maximum impurity percentage |
+ 0,5 |
— |
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Vitreous grain percentage |
– 2,0 |
– 3,0 |
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Flotation index |
— |
+ 1,0 |
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‘—’: not applicable. |
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ANNEX III
Quotation exchanges and reference varieties
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Product |
Common wheat |
Maize |
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Standard quality |
High |
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Reference variety (type/grade) for exchange quotation |
Hard Red Spring No 2 |
Yellow Corn No 3 |
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Quotation exchange |
Minneapolis Grain Exchange |
Chicago Mercantile Exchange |
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 |
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No 1 CWRS |
(Min.) 79,0 kg/hL |
(Max.) 0,4 % including 0,2 % other seeds |
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No 2 CWRS |
(Min.) 77,5 kg/hL |
(Max.) 0,75 % including. 0,2 % other seeds |
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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 |
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No 1 CWES |
(Min.) 78,0 kg/hL |
(Max.) 0,75 % including 0,2 % other seeds |
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No 2 CWES |
(Min.) 76,0 kg/hL |
(Max.) 1,5 % including 0,2 % other seeds |
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Canada Prairie Spring Red (CPSR) |
Test weight |
Total foreign material including other cereal grains |
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No 1 CPSR |
(Min.) 77,0 kg/hL |
(Max.) 0,75 % including 0,2 % other seeds |
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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 |
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No 1 (CPSW) |
(Min.) 77,0 kg/hL |
(Max.) 0,75 % including 0,2 % other seeds |
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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 |
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No 2 CWRW |
(Min.) 74,0 kg/hL |
(Max.) 2,0 % including 0,2 % other seeds |
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Canada Western Soft White Spring (CWSWS) |
Test weight |
Total foreign material including other cereal grains |
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No 1 CWSWS |
(Min.) 78,0 kg/hL |
(Max.) 0,75 % including 0,2 % other seeds |
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No 2 CWSWS |
(Min.) 75,5 kg/hL |
(Max.) 1,0 % including 0,2 % other seeds |
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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 |
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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. |
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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
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Commission Regulation (EC) No 1249/96 (OJ L 161, 29.6.1996, p. 125). |
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Commission Regulation (EC) No 641/97 (OJ L 98, 15.4.1997, p. 2). |
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Commission Regulation (EC) No 2092/97 (OJ L 292, 25.10.1997, p. 10). |
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Commission Regulation (EC) No 2519/98 (OJ L 315, 25.11.1998, p. 7). |
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Commission Regulation (EC) No 2235/2000 (1) (OJ L 256, 10.10.2000, p. 13). |
Article 2 only |
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Commission Regulation (EC) No 2104/2001 (OJ L 283, 27.10.2001, p. 8). |
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Commission Regulation (EC) No 597/2002 (OJ L 91, 6.4.2002, p. 9). |
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Commission Regulation (EC) No 1900/2002 (OJ L 287, 25.10.2002, p. 15). |
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Commission Regulation (EC) No 1110/2003 (OJ L 158, 27.6.2003, p. 12). |
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Commission Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50). |
Article 5 only |
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Commission Regulation (EC) No 1074/2008 (OJ L 294, 1.11.2008, p. 3). |
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Commission Regulation (EC) No 459/2009 (OJ L 139, 5.6.2009, p. 3). |
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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). |
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ANNEX IX
CORRELATION TABLE
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Regulation (EC) No 1249/96 |
This Regulation |
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Article 1 |
Article 1 |
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Article 2(1) first and second sentences |
Article 2(1) first subparagraph |
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Article 2(1) third sentence |
Article 2(1) second subparagraph |
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Article 2(2) |
Article 2(2) |
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Article 2(3) |
Article 2(3) |
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Article 2(4) first subparagraph, first indent |
Article 2(4), first subparagraph, point (a) |
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Article 2(4) first subparagraph, second and third indents |
Article 2(4), first subparagraph, point (b) |
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Article 2(4) second subparagraph |
Article 2(4) second subparagraph |
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Article 2(5) first subparagraph, first sentence |
Article 3(1) |
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Article 2(5) first subparagraph, second sentence |
Article 3(2) |
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Article 2(5) first subparagraph, third sentence |
Article 3(3) |
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Article 2(5) second subparagraph |
Article 3(4) first subparagraph |
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Article 2(5) third subparagraph |
Article 3(4) second subparagraph |
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Article 2a |
— |
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Article 3 |
Article 4 |
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Article 4(1) |
Article 5(1) |
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Article 4(2) |
Article 5(2) |
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Article 4(3) first, second and third indents |
Article 5(3) points (a), (b) and (c) |
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Article 4(4) |
Article 5(4) |
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Article 4(5) |
Article 5(5) |
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Article 5 |
Article 6 |
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Article 6(1) |
Article 7(1) |
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Article 6(1a) first subparagraph, first, second and third indents |
Article 7(2) first subparagraph, points (a), (b) and (c) |
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Article 6(1a) second to sixth subparagraphs |
Article 7(2) second to sixth subparagraphs |
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Article 6(2) first subparagraph |
Article 7(3) first subparagraph |
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Article 6(2) second subparagraph |
Article 7(3) second subparagraph |
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Article 6(2) third subparagraph, first and second indents |
Article 7(2) third subparagraph, points (a) and (b) |
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Article 6(2) fourth subparagraph |
Article 7(2) fourth subparagraph |
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Article 6(2) fifth subparagraph |
Article 7(2) fifth subparagraph |
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Article 6(3) |
Article 7(4) |
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Article 6(4) |
Article 7(5) |
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Article 7 |
— |
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Article 8 |
— |
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— |
Article 8 |
|
— |
Article 9 |
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Annex I |
Annex II |
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Annex II |
Annex III |
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Annex III |
— |
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Annex IV |
Annex IV |
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Annex IVa |
Annex V |
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Annex IVb |
Annex VI |
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Annex V |
Annex VII |
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Annex VI |
Annex I |
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— |
Annex VIII |
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— |
Annex IX |
( 1 ) Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
( 2 ) Between the fixing of two duties, the factors taken into account for the calculation shall be published on the Commission’s website.
( 3 ) 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, p. 671).
( 4 ) OJ L 54, 26.2.2009, p. 1.
( 5 ) Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).
( 6 ) OJ L 349, 29.12.2009, p. 1.