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Date: 1-Jul-2024 Category: Not Applicable State: Union Government Country: Europe

Commission Implementing Regulation (EU) 2024/1801 of 28 June 2024 fixing the import duties in the cereals sector applicable from 1 July 2024 and repealing Implementing Regulation (EU) 2020/1221

Issued by European Commission · Directorate-General for Agriculture and Rural Development

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Executive Summary & Key Takeaways

What it means

  • Commission Implementing Regulation (EU) 2024/1801 fixes the import duties in the cereals sector applicable from 1 July 2024. It also repeals Implementing Regulation (EU) 2020/1221.
  • The regulation sets import duties for specific cereal products based on their CN codes, considering factors like intervention price, CIF import price, and conventional duty rates.
  • The regulation clarifies that the fixed duties do not apply to imports from Belarus and Russia, which are subject to conventional duty rates.

Key Changes

  • Import duties for cereals are fixed as per Annex I of the regulation, based on information in Annex II, effective from 1 July 2024.
  • Implementing Regulation (EU) 2020/1221 is repealed from 1 July 2024.
  • The import duties for products falling within the specified CN codes (1001 11 00, 1001 19 00, ex 1001 91 20, ex 1001 99 00, 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00) are set at 0 EUR/tonne.
  • Importers may benefit from duty reductions of EUR 3 per tonne for unloading ports on the Mediterranean or Black Sea (arriving via the Atlantic or Suez Canal) and EUR 2 per tonne for specific Atlantic coast ports.
  • A flat-rate reduction of EUR 24 per tonne may apply to maize imports where conditions of Article 17 of Implementing Regulation (EU) 2023/2834 are met.
  • The regulation explicitly excludes imports from Belarus and Russia from these fixed duties, subjecting them to the conventional duty rates as per Council Regulation (EEC) No 2658/87.

Impact Analysis

Importers of Cereals

  • Should review Annex I and II to understand the specific duty rates and factors affecting their calculations.

European Union (EU)

  • Contributes to the common organization of agricultural markets as per Regulation (EU) No 1308/2013.

Cereal Producers outside Belarus and Russia

  • Benefit from the exclusion of Belarus and Russia from the fixed duty regime, potentially improving their competitiveness in the EU market.

Stakeholders in Belarus and Russia

  • Need to adjust their pricing and export strategies to account for the higher duties.

Action Items

  • Update internal systems and processes to reflect the new import duty regime.

Key Entities Referenced

European Commission: The executive branch of the European Union, responsible for proposing and implementing legislation. Regulation (EU) No 1308/2013: Regulation establishing a common organisation of the markets in agricultural products. Implementing Regulation (EU) 2023/2834: Regulation laying down rules for the application of Regulation (EU) No 1308/2013 as regards imports in the sectors of rice, cereals, sugar and hops. Implementing Regulation (EU) 2020/1221: Regulation fixing the import duties in the cereals sector applicable from 27 August 2020, now repealed. Council Regulation (EEC) No 2658/87: Regulation on the tariff and statistical nomenclature and on the Common Customs Tariff. Council Regulation (EU) 2024/1652: Regulation amending Annex I to Regulation (EEC) No 2658/87 regarding tariff measures for products from Belarus and Russia. Belarus and Russia: Countries subject to conventional duty rates for cereal exports to the EU.
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Official Journal EN of the European Union L series 2024/1801 1.7.2024 COMMISSION IMPLEMENTING REGULATION (EU) 2024/1801 of 28 June 2024 fixing the import duties in the cereals sector applicable from 1 July 2024and repealing Implementing Regulation (EU) 2020/1221 THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to 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(1), and in particular Article 183 thereof, Whereas: (1) In accordance with Commission Regulation (EU) No 642/2010(2), Commission Implementing Regulation (EU) 2020/1221(3)fixed the level of import duties for cereals. Regulation (EU) No 642/2010 has been repealed. The rules in accordance with which import duties for cereals are fixed are laid down in Commission Implementing Regulation (EU) 2023/2834(4). Therefore, Implementing Regulation (EU) 2020/1221 should be replaced and import duties for cereals should be fixed in accordance with the rules set out in Implementing Regulation (EU) 2023/2384. (2) Article 15(1) of Implementing Regulation (EU) 2023/2834 provides that the import duty on cereal products falling within the Combined Nomenclature (‘CN’) codes 1001 11 00, 1001 19 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00(high-quality common wheat other than seed), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90and 1007 90 00is equal to the intervention price valid for such products on importation, increased by 55 %, minus the Cost, Insurance, Freight (‘CIF’) import price applicable to the consignment in question. However, that duty may not exceed the conventional rate of duty as determined on the basis of the CN. (3) Article 15(2) of Implementing Regulation (EU) 2023/2834 provides that, for the purpose of calculating the import duty referred to in paragraph 1 of that Article, representative CIF import prices are to be established on a regular basis for the products referred to in that paragraph. (4) Pursuant to Article 16(1) of Implementing Regulation (EU) 2023/2834, the import price to be used for the calculation of the import duty on products referred to in Article 15(1) of that Implementing Regulation is the daily CIF representative import price determined by using the method provided for in Article 19 of that Implementing Regulation. (1) OJ L 347, 20.12.2013, p. 671, ELI: http://data.europa.eu/eli/reg/2013/1308/oj. (2) Commission Regulation (EU) No 642/2010 of 20 July 2010 on rules of application (cereals sector import duties) for Council Regulation (EC) No 1234/2007 (OJ L 187, 21.7.2010, p. 5, ELI: http://data.europa.eu/eli/reg/2010/642/oj). (3) Commission Implementing Regulation (EU) 2020/1221 of 26 August 2020 fixing the import duties in the cereals sector applicable from 27 August 2020 (OJ L 279, 27.8.2020, p. 1, ELI: http://data.europa.eu/eli/reg_impl/2020/1221/oj). (4) Commission Implementing Regulation (EU) 2023/2834 of 10 October 2023 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards imports in the sectors of rice, cereals, sugar and hops (OJ L, 2023/2834, 21.12.2023, ELI: http://data.europa.eu/eli/reg_impl/2023/2834/oj). ELI: http://data.europa.eu/eli/reg_impl/2024/1801/oj 1/4EN OJ L, 1.7.2024 (5) Council Regulation (EU) 2024/1652(5) amending Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff provides for tariff measures in order to prevent, among other products, cereals, oilseeds and derived products from Belarus and Russia from continuing to enter the Union market on equally favourable terms as those applied to products from other non-preferential origins. (6) To ensure a smooth handling of imports, it should be clarified that the duties fixed in this Regulation do not apply to imports from Belarus and Russia. (7) Import duties should be fixed for the period from 1 July 2024 in accordance with Implementing Regulation (EU) 2023/2834 and should apply until a new import duty is fixed and enters into force. (8) In the interest of clarity and legal certainty, Implementing Regulation (EU) 2020/1221 should be repealed and replaced by this Regulation. (9) In accordance with Article 16(2) of Implementing Regulation (EU) 2023/2834, this Regulation should enter into force on the day of its publication, HAS ADOPTED THIS REGULATION: Article 1 From 1 July 2024, the import duties in the cereals sector referred to in Article 15(1) of Implementing Regulation (EU) 2023/2834 shall be those fixed in Annex I to this Regulation, on the basis of the information contained in Annex II to this Regulation. Article 2 Implementing Regulation (EU) 2020/1221 is repealed from 1 July 2024. Article 3 This Regulation shall enter into force on the day of 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, 28 June 2024. For the Commission, The President, Ursula VON DER LEYEN (5) Council Regulation (EU) 2024/1652 of 30 May 2024 amending Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L, 2024/1652, 10.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1652/oj). 2/4 ELI: http://data.europa.eu/eli/reg_impl/2024/1801/ojEN OJ L, 1.7.2024 ANNEX I IMPORT DUTIES FOR THE PRODUCTS REFERRED TO IN ARTICLE 15(1) OF IMPLEMENTING REGULATION (EU) 2023/2834 APPLICABLE FROM 1 JULY 2024 CN code Description Import duty(1)(2) (EUR/tonne) 1001 11 00 Durum wheat, seed 0,00 1001 19 00 High-quality durum wheat, other than seed 0,00 Medium-quality durum wheat, other than seed 0,00 Low-quality durum wheat, other than seed 0,00 Ex 1001 91 20 Common wheat, seed 0,00 Ex 1001 99 00 High-quality common wheat, other than seed 0,00 1002 10 00 Rye, seed 0,00 1002 90 00 Rye, other than seed 0,00 1005 10 90 Maize seed, other than hybrid 0,00 1005 90 00 Maize, other than seed(3) 0,00 1007 10 90 Grain sorghum, other than hybrids for sowing 0,00 1007 90 00 Grain sorghum, other than seed 0,00 (1) The importer may, pursuant to Article 16(3) of Implementing Regulation (EU) 2023/2834, benefit from a reduction in the duties of: — EUR 3 per tonne, if the port of unloading is located on the Mediterranean Sea (beyond the Strait of Gibraltar) or the Black Sea and the goods arrive in the Union through the Atlantic Ocean or through the Suez Canal; — EUR 2 per tonne, if the port of unloading is located on the Atlantic coast of the Iberian Peninsula, in Ireland, in Denmark, in Estonia, in Latvia, in Lithuania, in Poland, in Finland and in Sweden and where the goods arrive through the Atlantic Ocean. (2) For the products originating in or exported directly or indirectly from Belarus and Russia, the applicable duties shall correspond to the conventional rate of duty set in Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff. (3) The importer may benefit from a flat-rate reduction of EUR 24 per tonne where the conditions laid down in Article 17 of Implementing Regulation (EU) 2023/2834 are met. ELI: http://data.europa.eu/eli/reg_impl/2024/1801/oj 3/4EN OJ L, 1.7.2024 ANNEX II FACTORS FOR CALCULATING THE IMPORT DUTIES LAID DOWN IN ANNEX I 1. Averages over the reference period referred to in Article 16(2) of Implementing Regulation (EU) 2023/2834: (EUR/tonne) Common wheat (1) Maize Exchange Minneapolis Chicago Quotation 263,298 163,896 Gulf of Mexico premium — 19,921 Great Lakes premium 40,942 — (1) Positive premium of EUR 14 per tonne incorporated in accordance with Article 19(3) of Implementing Regulation (EU) 2023/2834. 2. Averages over the reference period referred to in Article 16(2) of Implementing Regulation (EU) 2023/2834: (EUR/tonne) Freight costs: Gulf of Mexico-Rotterdam 24,529 Freight costs: Great Lakes-Rotterdam 44,129 4/4 ELI: http://data.europa.eu/eli/reg_impl/2024/1801/oj

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