
Article 1 
Notwithstanding Article 135 and Article 136(1) of Regulation (EC) No 1234/2007, the import duty for common wheat falling in CN code 1001 90 99, of a quality other than high quality as defined in Annex I to Regulation (EC) No 1249/96, shall be fixed in the framework of the quota opened by this Regulation.
Article 135 of Regulation (EC) No 1234/2007 shall apply to imports of the products referred to in this Regulation in excess of the quantities provided for in Article 3.
Article 2 

1. A tariff quota of 2 989 240 tonnes of common wheat falling within CN code 1001 90 99, of a quality other than high quality, is hereby opened on 1 January each year.
2. Duties on imports within the tariff quota shall be levied at a rate of EUR 12 per tonne.
3. Commission Regulations (EC) No 376/2008, (EC) No 1342/2003 and (EC) No 1301/2006 shall apply, save as otherwise provided for in this Regulation.
Article 3 

1. The overall tariff quota shall be divided into three subquotas:
— subquota I (serial number 09.4123): 572 000 tonnes for the United States of America,
— subquota II (serial number 09.4124): 38 853 tonnes for Canada,
— subquota III (serial number 09.4125): 2 378 387 tonnes for other third countries.
2. Where, in the course of a year, it emerges that there is a serious shortfall in the take-up of subquotas I or II, the Commission may, with the agreement of the third country concerned, adopt arrangements to transfer the unused quantities to the other subquotas, in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007.
3. Subquota III shall be divided into four quarterly subperiods, covering the following dates and quantities:
(a) subperiod 1: 1 January to 31 March — 594 597 tonnes;
(b) subperiod 2: 1 April to 30 June — 594 597 tonnes;
(c) subperiod 3: 1 July to 30 September — 594 597 tonnes;
(d) subperiod 4: 1 October to 31 December — 594 596 tonnes.
4. Where the quantities for one of the subperiods 1, 2 or 3 are exhausted, the Commission may bring forward the opening of the following subperiod in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007.
Article 4 

1. Notwithstanding Article 6(1) of Regulation (EC) No 1301/2006, applicants may not submit more than one licence application per serial number and per week. Where applicants lodge more than one application, none of those applications shall be admissible and the securities lodged when the applications were submitted shall be forfeited to the Member State concerned.Import licence applications shall be lodged with the competent authorities of the Member States each week no later than Friday at 13.00 (Brussels time).
2. Each licence application shall indicate a quantity in kilograms (whole numbers) which may not exceed:
— for subquotas I and II, the total quantity opened for the year for the subquota concerned,
— for subquota III, the total quantity opened for the subperiod concerned.The import licence application and the import licence shall mention a single country of origin.
3. No later than 18.00 (Brussels time) on the Monday following the week in which the licence application was lodged, the competent authorities shall send the Commission, by electronic means, a notification showing, by serial number, each application with the origin of the product and the quantity applied for, including ‘nil’ notifications.
4. Licences shall be issued on the fourth working day following the deadline for the notification referred to in paragraph 3.Member States shall communicate to the Commission, by electronic means, on the day of issue of the import licences, the information on the licences issued as referred to in Article 11(1)(b) of Regulation (EC) No 1301/2006, with the total quantities for which import licences have been issued.
Article 5 
In accordance with Article 22(2) of Regulation (EC) No 376/2008, the period of validity of the licence shall be calculated from the actual day of issue.
Article 6 
Section 8 of the import licence application and the import licence shall contain the name of the country of origin and ‘Yes’ shall be marked with a cross. Licences shall be valid only for products originating in the country indicated in section 8.
Article 7 
Notwithstanding Article 12(a) and (b) of Regulation (EC) No 1342/2003, the security for the import licences provided for in this Regulation shall be EUR 30 per tonne.
Article 8 
In the framework of the tariff quota, the release into free circulation in the Community of common wheat of a quality other than high quality originating in a third country shall be conditional upon production of a certificate of origin issued by the competent national authorities of that country, in accordance with Article 47 of Commission Regulation (EEC) No 2454/93.
Article 9 
Regulation (EC) No 2375/2002 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 II.
Article 10 
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, 30 October 2008.
For the Commission
The President
José Manuel BARROSO
ANNEX I
Commission Regulation (EC) No 2375/2002(OJ L 358, 31.12.2002, p. 88). 
Commission Regulation (EC) No 531/2003(OJ L 79, 26.3.2003, p. 3). 
Commission Regulation (EC) No 1111/2003(OJ L 158, 27.6.2003, p. 21). 
Commission Regulation (EC) No 777/2004(OJ L 123, 27.4.2004, p. 50). Only Article 12
Commission Regulation (EC) No 491/2006(OJ L 89, 28.3.2006, p. 3). 
Commission Regulation (EC) No 971/2006(OJ L 176, 30.6.2006, p. 51). 
Commission Regulation (EC) No 2022/2006(OJ L 384, 29.12.2006, p. 70). Only Article 1
Commission Regulation (EC) No 932/2007(OJ L 204, 4.8.2007, p. 3). Only Article 1
Commission Regulation (EC) No 1456/2007(OJ L 325, 11.12.2007, p. 76). Only Article 2
ANNEX II
Regulation (EC) No 2375/2002 This Regulation
Articles 1, 2 and 3 Articles 1, 2 and 3
Article 5 Article 4
Article 6 Article 5
Article 9 Article 6
Article 10 Article 7
Article 11 Article 8
— Article 9
Article 12, first paragraph Article 10
Article 12, second paragraph —
— Annex I
— Annex II