http://www.legislation.gov.uk/id/eur/2012/988

Commission Implementing Regulation (EU) No 988/2012

of 25 October 2012

amending Implementing Regulation (EU) No 543/2011 as regards the trigger levels for additional duties on mandarins and satsumas, clementines, artichokes, oranges and courgettes

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 Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors2 provides for the surveillance of the imports of the products listed in Annex XVIII 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 Article 5(4) of the Agreement on Agriculture4 concluded during the Uruguay Round of multilateral trade negotiations and in the light of the latest data available for 2009, 2010 and 2011, the trigger levels for additional duties should be adjusted from 1 November 2012 for mandarins and satsumas, clementines, artichokes and oranges and from 1 January 2013 for courgettes.

(3)

Implementing Regulation (EU) No 543/2011 should therefore be amended accordingly.

(4)

Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication.

(5)

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 XVIII to Implementing Regulation (EU) No 543/2011 is replaced by the text set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day of 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, 25 October 2012.

For the Commission

The President

José Manuel Barroso

ANNEX

‘ANNEX XVIIIADDITIONAL IMPORT DUTIES: TITLE IV, CHAPTER I, 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 stand at the time of the adoption of this Regulation.
Order number
CN code
Description of products
Period of application
Trigger level(tonnes)
78.0015
0702 00 00
Tomatoes
From 1 October to 31 May
486 943
78.0020
From 1 June to 30 September
34 241
78.0065
0707 00 05
Cucumbers
From 1 May to 31 October
13 402
78.0075
From 1 November to 30 April
18 306
78.0085
0709 91 00
Artichokes
From 1 November to 30 June
37 475
78.0100
0709 93 10
Courgettes
From 1 January to 31 December
85 538
78.0110
0805 10 20
Oranges
From 1 December to 31 May
468 160
78.0120
0805 20 10
Clementines
From 1 November to end of February
86 205
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
93 949
78.0155
0805 50 10
Lemons
From 1 June to 31 December
311 193
78.0160
From 1 January to 31 May
101 513
78.0170
0806 10 10
Table grapes
From 21 July to 20 November
76 299
78.0175
0808 10 80
Apples
From 1 January to 31 August
703 063
78.0180
From 1 September to 31 December
73 884
78.0220
0808 30 90
Pears
From 1 January to 30 April
225 388
78.0235
From 1 July to 31 December
33 797
78.0250
0809 10 00
Apricots
From 1 June to 31 July
4 908
78.0265
0809 29 00
Cherries, other than sour cherries
From 21 May to 10 August
59 061
78.0270
0809 30
Peaches, including nectarines
From 11 June to 30 September
14 577
78.0280
0809 40 05
Plums
From 11 June to 30 September
7 924’

Order number	CN code	Description of products	Period of application	Trigger level(tonnes)
78.0015	0702 00 00	Tomatoes	From 1 October to 31 May	486 943
78.0020	0702 00 00	Tomatoes	From 1 June to 30 September	34 241
78.0065	0707 00 05	Cucumbers	From 1 May to 31 October	13 402
78.0075	0707 00 05	Cucumbers	From 1 November to 30 April	18 306
78.0085	0709 91 00	Artichokes	From 1 November to 30 June	37 475
78.0100	0709 93 10	Courgettes	From 1 January to 31 December	85 538
78.0110	0805 10 20	Oranges	From 1 December to 31 May	468 160
78.0120	0805 20 10	Clementines	From 1 November to end of February	86 205
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	93 949
78.0155	0805 50 10	Lemons	From 1 June to 31 December	311 193
78.0160	0805 50 10	Lemons	From 1 January to 31 May	101 513
78.0170	0806 10 10	Table grapes	From 21 July to 20 November	76 299
78.0175	0808 10 80	Apples	From 1 January to 31 August	703 063
78.0180	0808 10 80	Apples	From 1 September to 31 December	73 884
78.0220	0808 30 90	Pears	From 1 January to 30 April	225 388
78.0235	0808 30 90	Pears	From 1 July to 31 December	33 797
78.0250	0809 10 00	Apricots	From 1 June to 31 July	4 908
78.0265	0809 29 00	Cherries, other than sour cherries	From 21 May to 10 August	59 061
78.0270	0809 30	Peaches, including nectarines	From 11 June to 30 September	14 577
78.0280	0809 40 05	Plums	From 11 June to 30 September	7 924’