Equivalent compensation may be used only between wheat harvested in a third country and already released for free circulation and non-Community wheat, of the same eight digit CN code, having the same commercial quality and the same technical characteristics.

However,

• derogations from the ban on use of the equivalent compensation system may be adopted in respect of wheat on the basis of a communication from the Commission to the Member States, after consultation of the Customs Code Committee (section for customs procedures with economic impact) in accordance with Article 248 of the Code,

• equivalent compensation is permitted between Community durum wheat and durum wheat of third-country origin provided it is for the production of pasta falling within CN codes 1902 11 00 and 1902 19.’