Commission Regulation No.248/2010 amends Regulation No.1484/95 concerning the additional import duties and the fixing of representative prices in the poultry, meat and egg sectors as well as Regulation No. 504/2007 concerning additional duties in the milk and milk product sectors.

The European Commission noted that there was a contradiction between Commission Regulations 1484/95 and 504/2007 on the one hand and Regulation 951/2006 on the other and therefore it was necessary to harmonise the position.

So what were the differences?

Regulations 1484/95 and 504/2007 provided that when the CIF import price of a consignment is higher than the applicable representative price, the importer is obliged to lodge the security referred to in the Customs Code Implementing Provisions (CCIP) (Article 248.1) equal to the amount of additional duty that he would have paid if the calculation of the additional duty had been made on the basis of the representative price applicable to the product in question.

However, Regulation 951/2006 provided that the importer had to lodge the security referred to in Article 248.1 CCIP equal to the difference between the amount of additional import duty calculated on the basis of the representative price applicable to the product in question and the amount of additional import duty calculated on the basis of the CIF import price of the consignment in question.

What has been amended?

The relevant articles in Regulations 1484/95 (3.3 and 3.4) and 504/2007 (4.3 and 4.4) have been amended to read:

"The importer must lodge the security referred to in Article 248.1 [CCIP] equal to the difference between the amount of additional import duty calculated on the basis of the representative price applicable to the product in question and the amount of additional import duty calculated on the basis of the CIF import price of the consignment in question.

The new regulation also states that the importer shall have two months from the sale of the products subject to a limit of nine months from the date of acceptance of the declaration of release for free circulation to prove that the consignment was disposed of under conditions confirming the correctness of the prices referred to above.

Next Steps

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