Commission Regulation (EU) No 905/2010

of 11 October 2010

amending Regulation (EC) No 1580/2007 as regards the trigger levels for additional duties on cucumbers, artichokes, clementines, mandarins and oranges

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 sector [2] 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 Code [3].

(2) For the purposes of Article 5(4) of the Agreement on Agriculture [4] concluded during 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, artichokes, clementines, mandarins and oranges 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 November 2010.

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

Done at Brussels, 11 October 2010.

For the Commission

The President

José Manuel Barroso

[1] OJ L 299, 16.11.2007, p. 1.

[2] OJ L 350, 31.12.2007, p. 1.

[3] OJ L 253, 11.10.1993, p. 1.

[4] OJ L 336, 23.12.1994, p. 22.

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ANNEX

"ANNEX XVII

ADDITIONAL 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 stand at the time of the adoption of this Regulation.

Order number | CN code | Description | Period of application | Trigger level (tonnes) |

78.0015 | 07020000 | Tomatoes | From 1 October to 31 May | 1215717 |

78.0020 | From 1 June to 30 September | 966474 |

78.0065 | 07070005 | Cucumbers | From 1 May to 31 October | 12303 |

78.0075 | From 1 November to 30 April | 33447 |

78.0085 | 07099080 | Artichokes | From 1 November to 30 June | 17258 |

78.0100 | 07099070 | Courgettes | From 1 January to 31 December | 55369 |

78.0110 | 08051020 | Oranges | From 1 December to 31 May | 368535 |

78.0120 | 08052010 | Clementines | From 1 November to end of February | 175110 |

78.0130 | 08052030 08052050 08052070 08052090 | Mandarins (including tangerines and satsumas); wilkings and similar citrus hybrids | From 1 November to end of February | 115625 |

78.0155 | 08055010 | Lemons | From 1 June to 31 December | 329903 |

78.0160 | From 1 January to 31 May | 92638 |

78.0170 | 08061010 | Table grapes | From 21 July to 20 November | 146510 |

78.0175 | 08081080 | Apples | From 1 January to 31 August | 1262435 |

78.0180 | From 1 September to 31 December | 95357 |

78.0220 | 08082050 | Pears | From 1 January to 30 April | 280764 |

78.0235 | From 1 July to 31 December | 83435 |

78.0250 | 08091000 | Apricots | From 1 June to 31 July | 49314 |

78.0265 | 08092095 | Cherries, other than sour cherries | From 21 May to 10 August | 90511 |

78.0270 | 080930 | Peaches, including nectarines | From 11 June to 30 September | 6867 |

78.0280 | 08094005 | Plums | From 11 June to 30 September | 57764" |

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