http://www.legislation.gov.uk/id/eur/2010/331

Commission Regulation (EU) No 331/2010

of 22 April 2010

amending Regulation (EC) No 1580/2007 as regards the trigger levels for additional duties on cucumbers and cherries, other than sour cherries (repealed)

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 agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)1, and in particular Article 143(b), in conjunction with Article 4 thereof,

Whereas:

(1)

Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector2 provides for surveillance of imports of the products listed in Annex XVII thereto. That surveillance is to be carried out in accordance with the rules laid down in Article 308d of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code3.

(2)

For the purposes of applying Article 5(4) of the Agreement on Agriculture4 concluded as part of the Uruguay Round of multilateral trade negotiations and in the light of the latest data available for 2007, 2008 and 2009, the trigger levels for additional duties on cucumbers and cherries, other than sour cherries, should be adjusted.

(3)

Regulation (EC) No 1580/2007 should therefore be amended accordingly.

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Article 1

Annex XVII to Regulation (EC) No 1580/2007 is replaced by the text set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

It shall apply from 1 May 2010.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 22 April 2010.

For the Commission

The President

José Manuel Barroso

ANNEX

‘ANNEX XVIIADDITIONAL IMPORT DUTIES: TITLE IV, CHAPTER II, SECTION 2
Without prejudice to the rules governing the interpretation of the Combined Nomenclature, the description of the products is deemed to be indicative only. The scope of the additional duties for the purposes of this Annex is determined by the scope of the CN codes as they exist at the time of the adoption of this Regulation.
Order number
CN code
Description
Period of application
Trigger level (tonnes)
78.0015
0702 00 00
Tomatoes
From 1 October to 31 May
415 907
78.0020
From 1 June to 30 September
40 107
78.0065
0707 00 05
Cucumbers
From 1 May to 31 October
11 879
78.0075
From 1 November to 30 April
18 611
78.0085
0709 90 80
Artichokes
From 1 November to 30 June
8 866
78.0100
0709 90 70
Courgettes
From 1 January to 31 December
55 369
78.0110
0805 10 20
Oranges
From 1 December to 31 May
355 386
78.0120
0805 20 10
Clementines
From 1 November to end of February
529 006
78.0130
0805 20 30
0805 20 50
0805 20 70
0805 20 90
Mandarins (including tangerines and satsumas); wilkings and similar citrus hybrids
From 1 November to end of February
96 377
78.0155
0805 50 10
Lemons
From 1 June to 31 December
334 680
78.0160
From 1 January to 31 May
62 311
78.0170
0806 10 10
Table grapes
From 21 July to 20 November
89 140
78.0175
0808 10 80
Apples
From 1 January to 31 August
829 840
78.0180
From 1 September to 31 December
884 648
78.0220
0808 20 50
Pears
From 1 January to 30 April
224 927
78.0235
From 1 July to 31 December
38 957
78.0250
0809 10 00
Apricots
From 1 June to 31 July
5 785
78.0265
0809 20 95
Cherries, other than sour cherries
From 21 May to 10 August
90 511
78.0270
0809 30
Peaches, including nectarines
From 11 June to 30 September
131 459
78.0280
0809 40 05
Plums
From 11 June to 30 September
129 925’

Order number	CN code	Description	Period of application	Trigger level (tonnes)
78.0015	0702 00 00	Tomatoes	From 1 October to 31 May	415 907
78.0020	0702 00 00	Tomatoes	From 1 June to 30 September	40 107
78.0065	0707 00 05	Cucumbers	From 1 May to 31 October	11 879
78.0075	0707 00 05	Cucumbers	From 1 November to 30 April	18 611
78.0085	0709 90 80	Artichokes	From 1 November to 30 June	8 866
78.0100	0709 90 70	Courgettes	From 1 January to 31 December	55 369
78.0110	0805 10 20	Oranges	From 1 December to 31 May	355 386
78.0120	0805 20 10	Clementines	From 1 November to end of February	529 006
78.0130	0805 20 30 0805 20 50 0805 20 70 0805 20 90	Mandarins (including tangerines and satsumas); wilkings and similar citrus hybrids	From 1 November to end of February	96 377
78.0155	0805 50 10	Lemons	From 1 June to 31 December	334 680
78.0160	0805 50 10	Lemons	From 1 January to 31 May	62 311
78.0170	0806 10 10	Table grapes	From 21 July to 20 November	89 140
78.0175	0808 10 80	Apples	From 1 January to 31 August	829 840
78.0180	0808 10 80	Apples	From 1 September to 31 December	884 648
78.0220	0808 20 50	Pears	From 1 January to 30 April	224 927
78.0235	0808 20 50	Pears	From 1 July to 31 December	38 957
78.0250	0809 10 00	Apricots	From 1 June to 31 July	5 785
78.0265	0809 20 95	Cherries, other than sour cherries	From 21 May to 10 August	90 511
78.0270	0809 30	Peaches, including nectarines	From 11 June to 30 September	131 459
78.0280	0809 40 05	Plums	From 11 June to 30 September	129 925’