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Commission Regulation (EC) No 453/2002 of 13 March 2002 adapting Council Regulation (EC) No 2201/96 and Commission Regulations (EC) No 1799/2001, (EC) No 2125/95 and (EC) No 3223/94 as regards the combined nomenclature codes for certain fruits and vegetables

Corrected by

Corrigendum to Commission Regulation (EC) No 453/2002 of 13 March 2002 adapting Council Regulation (EC) No 2201/96 and Commission Regulations (EC) No 1799/2001, (EC) No 2125/95 and (EC) No 3223/94 as regards the combined nomenclature codes for certain fruits and vegetables, 302R0453R(01), February 25, 2005

Commission Regulation (EC) No 453/2002of 13 March 2002adapting Council Regulation (EC) No 2201/96 and Commission Regulations (EC) No 1799/2001, (EC) No 2125/95 and (EC) No 3223/94 as regards the combined nomenclature codes for certain fruits and vegetables THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 234/79 of 5 February 1979 on the procedure for adjusting the Common Customs Tariff nomenclature used for agricultural productsOJ L 34, 9.2.1979, p. 2., as last amended by Regulation (EC) No 3290/94OJ L 349, 31.12.1994, p. 105., and in particular Article 2(1) thereof,Whereas:(1)Commission Regulation (EC) No 2031/2001 of 6 August 2001 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs TariffOJ L 279, 23.10.2001, p. 1. has amended the Combined Nomenclature for certain fruits and vegetables and products processed from fruit and vegetables.(2)The following should therefore be adapted:the table in Article 1(2) of Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable productsOJ L 297, 21.11.1996, p. 29., as last amended by Regulation (EC) No 1239/2001OJ L 171, 26.6.2001, p. 1.;Article 1 of Commission Regulation (EC) No 1799/2001 of 12 September 2001 laying down the marketing standard for citrus fruitOJ L 244, 14.9.2001, p. 12.;Article 1(1) and (2) of Commission Regulation (EC) No 2125/95 of 6 September 1995 opening and providing for the administration of tariff quotas for preserved mushroomsOJ L 212, 7.9.1995, p. 16., as last amended by Regulation (EC) No 2541/2001OJ L 341, 22.12.2001, p. 80.;the table in the Annex to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetablesOJ L 337, 24.12.1994, p. 66., as last amended by Regulation (EC) No 807/2000OJ L 97, 19.4.2000, p. 6..(3)The above adaptations should enter into force at the same time as Regulation (EC) No 2031/2001.(4)The measures provided for in this Regulation are in accordance with the opinion of the Joint Meeting of Management Committees for fresh fruit and vegetables and for processed fruit and vegetables,HAS ADOPTED THIS REGULATION:

Article 1In the table in Article 1(2) of Regulation (EC) No 2201/96:

"ex0812

Fruit and nuts, provisionally preserved (for example by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption, excluding bananas provisionally preserved falling within subheading ex08129095"

is replaced by:

"ex0812

and the text:

"ex2009

Fruit juices (excluding grape juice and grape must of subheading 200960 and banana juice of subheading 200980) and vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter"

is replaced by:

"ex2009

Fruit juices (excluding grape juice and grape must of subheadings 200961 and 200969 and banana juice of subheading 200980) and vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter"

Article 2In Article 1 of Regulation (EC) No 1799/2001:"—lemons falling within CN code 08053010"is replaced by:"—lemons (Citrus limon, Citrus limonum) falling within CN code 08055010."

Article 3Article 1 of Regulation (EC) No 2125/95 is replaced by the following:

"Article 11.Tariff quotas for preserved mushrooms of the genus Agaricus falling within CN codes 07115100, 20031020 and 20031030, shown in Annex I, shall be opened subject to the conditions laid down in this Regulation.2.The rate of duty applicable shall be 12 % ad valorem in the case of products falling within CN code 07115100 (Serial No 09.4062) and 23 % in the case of products falling within CN codes 20031020 and 20031030 (Serial No 09.4063). However, a single rate of 8,4 % shall apply in the case of the above products originating in Bulgaria (Serial No 09.4725) or Romania (Serial No 09.4726)."

Article 4The Annex to Regulation (EC) No 3223/94 is replaced by the following:"ANNEXWithout prejudice to the rules for the interpretation of the Combined Nomenclature, the description of the products is deemed to be indicative only. The scope of the arrangements provided for in this Regulation is, for the purposes of this Annex, determined by the scope of the CN codes as they exist at the time of the adoption of the latest amendment of this Regulation. Where "ex" appears before the CN code, the scope of the additional duties is determined both by the scope of the CN code and that of the description of the products, and the corresponding period of application.

PART AOther than cucumbers referred to in Part B of this Annex.

CN codes	Description	Period of application
ex07020000	Tomatoes	From 1 January to 31 Dercember
ex07070005	Cucumbers	From 1 January to 31 Dercember
ex07091000	Artichokes	From 1 November to 30 June
07099070	Courgettes	From 1 January to 31 Dercember
ex08051010ex08051030ex08051050	Sweet oranges, fresh	From 1 December to 31 May
ex08052010	Clementines	From 1 November to end of February
ex08052030ex08052050ex08052070ex08052090	Mandarins (including tangerines and satsumas); wilking and similar citrus hybrids	From 1 November to end of February
ex08055010	Lemons (Citrus limon, Citrus limonum)	From 1 June to 31 May
ex08061010	Table grapes	From 21 July to 20 November
ex08081020ex08081050ex08081090	Apples	From 1 July to 30 June
ex08082050	Pears	From 1 July to 30 April
ex08091000	Apricots	From 1 June to 31 July
ex08092095	Cherries, other than sour cherries	From 21 May to 10 August
ex08093010ex08093090	Peaches, including nectarines	From 11 June to 30 September
ex08094005	Plums	From 11 June to 30 September

PART B

CN codes	Description	Period of application
ex07070005	Cucumbers intended for processing	From 1 May to 31 October
ex08092005	Sour cherries (Prunus cerasus)	From 21 May to 10 August"

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Other than cucumbers referred to in Part B of this Annex.

Article 5This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.It shall apply from 1 January 2002.

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