Commission Regulation (EC) No 434/2009 of 26 May 2009 amending Regulation (EC) No 1580/2007 as regards the trigger levels for additional duties on tomatoes, apricots, lemons, plums, peaches, including nectarines, pears and table grapes
Commission Regulation (EC) No 434/2009of 26 May 2009amending Regulation (EC) No 1580/2007 as regards the trigger levels for additional duties on tomatoes, apricots, lemons, plums, peaches, including nectarines, pears and table grapes THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,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)OJ L 299, 16.11.2007, p. 1., and in particular Article 143(b) thereof, in conjunction with Article 4,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 sectorOJ L 350, 31.12.2007, p. 1. 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 CodeOJ L 253, 11.10.1993, p. 1..(2)For the purposes of Article 5(4) of the Agreement on AgricultureOJ L 336, 23.12.1994, p. 22. concluded during the Uruguay Round of multilateral trade negotiations and in the light of the latest data available for 2006, 2007 and 2008, the trigger levels for additional duties of tomatoes, apricots, lemons, plums, peaches, including nectarines, pears and table grapes should be adjusted.(3)As a result, Regulation (EC) No 1580/2007 should 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 1Annex XVII to Regulation (EC) No 1580/2007 is replaced by the text set out in the Annex to this Regulation.
Article 2This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.It shall apply from 1 June 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 26 May 2009.For the CommissionMariann Fischer BoelMember of the CommissionANNEX"ANNEX XVIIADDITIONAL IMPORT DUTIES: TITLE IV, CHAPTER II, SECTION 2Without 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.
Serial NoCN codeDescriptionTrigger periodTrigger level(tonnes)
78.001507020000Tomatoes—1 October to 31 May415817
78.0020—1 June to 30 September40105
78.006507070005Cucumbers—1 May to 31 October19309
78.0075—1 November to 30 April17223
78.008507099080Artichokes—1 November to 30 June16421
78.010007099070Courgettes—1 January to 31 December65893
78.011008051020Oranges—1 December to 31 May700277
78.012008052010Clementines—1 November to end of February385569
78.013008052030080520500805207008052090Mandarins (including tangerines and satsumas); wilkings and similar citrus hybrids—1 November to end of February95620
78.015508055010Lemons—1 June to 31 December329947
78.0160—1 January to 31 May61422
78.017008061010Table grapes—21 July to 20 November89140
78.017508081080Apples—1 January to 31 August876665
78.0180—1 September to 31 December106465
78.022008082050Pears—1 January to 30 April223485
78.0235—1 July to 31 December70116
78.025008091000Apricots—1 June to 31 July5785
78.026508092095Cherries, other than sour cherries—21 May to 10 August133425
78.0270080930Peaches, including nectarines—11 June to 30 September131459
78.028008094005Plums—11 June to 30 September129925"