5.1.2010 Official Journal of the European Union L 1/5 COMMISSION REGULATION (EU) No 3/2010 of 4 January 2010 amending Regulation (EU) No 1290/2009 fixing the import duties in the cereals sector applicable from 1 January 2010 THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agri- cultural markets and on specific provisions for certain agri- cultural products (Single CMO Regulation) ('), Having regard to Commission Regulation (EC) No 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 in respect of import duties in the cereals sector (3), and in particular Article 2(1) thereof, Whereas: (1) The import duties in the cereals sector applicable from 1 January 2010 were fixed by Commission Regulation (EU) No 1290/2009 (). (2)  As the average of the import duties calculated differs by more than EUR 5/tonne from that fixed, a corresponding adjustment must be made to the import duties fixed by Regulation (EU) No 1290/2009. (3)  Regulation (EU) No 1290/2009 should therefore be amended accordingly, HAS ADOPTED THIS REGULATION: Article 1 Annexes [ and II to Regulation (EU) No 1290/2009 are hereby replaced by the text in the Annex to this Regulation. Article 2 This Regulation shall enter into force on the day of its publi- cation in the Official Journal of the European Union. It shall apply from 5 January 2010. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 4 January 2010. OJ L 299, 16.11.2007, p. 1. () OJ L 161, 29.6.1996, p. 125. OJ L 347, 24.12.2009, p. 11. For the Commission, On behalf of the President, Jean-Luc DEMARTY Director-General for Agriculture and Rural Development