Judgment_paragraph 3 · X BV v Staatssecretaris van Financiën (C-160/18)

3Article 141 of 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) (OJ 2007 L 299, p. 1), as amended by Council Regulation (EU) No 491/2009 of 25 May 2009 (OJ 2009 L 154, p. 1) (‘the Single CMO Regulation’), provided:1.An additional import duty shall apply to imports, subject to the rate of duty laid down in Articles 135 to 140a of one or more products of the cereals, rice, sugar, fruit and vegetables, processed fruit and vegetables, beef and veal, milk and milk products, pig meat, sheep meat and goat meat, eggs, poultry and bananas sectors, as well as of grape juice and grape must, in order to prevent or counteract adverse effects on the [internal] market which may result from those imports, if:(a) the imports are made at a price below the level notified by the [European Union] to the [World Trade Organisation] (the trigger price); or(b) the volume of imports in any year exceeds a certain level (the trigger volume).The trigger volume shall be based on market access opportunities defined, where applicable, as imports as a percentage of the corresponding domestic consumption during the three previous years.2. Additional import duties shall not be imposed where the imports are unlikely to disturb the [internal] market, or where the effects would be disproportionate to the intended objective.3. For the purposes of paragraph 1(a), import prices shall be determined on the basis of the c.i.f. [(cost, insurance and freight) (“CIF”)] import prices of the consignment under consideration.[CIF] import prices shall be checked against the representative prices for the product on the world market or on the [internal] import market for that product.’