Commission Regulation (EC) No 1126/2009

of 23 November 2009

opening and providing for the management of Community tariff quotas for certain agricultural products originating in Switzerland, and repealing Commission Regulation (EC) No 933/2002

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Decision 2002/309/EC, Euratom of the Council and of the Commission as regards the Agreement on Scientific and Technological Cooperation of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation [1], and in particular Article 5(3) first indent and Article 5(4) thereof,

Whereas:

(1) By Decision No 2/2008 of the Joint Committee on Agriculture set up by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products of 24 June 2008 concerning the adaptation of Annexes 1 and 2 [2], Annexes 1 and 2 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (hereinafter "the Agreement") have been replaced.

(2) Annex 2 to the Agreement, as amended, sets out the tariff concessions granted by the Community for imports of agricultural products originating in Switzerland. Certain of those tariff concessions apply within tariff quotas managed in accordance with Articles 308a, 308b and 308c of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Regulation (EEC) No 2913/92 establishing the Community Customs Code [3].

(3) For reasons of clarity, it is appropriate to lay down the provisions implementing those tariff quotas for agricultural products in one single legislative act which replaces Commission Regulation (EC) No 933/2002 [4]. In accordance with the Agreement the tariff quotas should be opened for the period from 1 January to 31 December.

(4) Since Decision No 2/2008 of the Joint Committee on Agriculture enters into force on 1 January 2010, this Regulation should apply from the same date.

(5) The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

The tariff quotas for the products originating in Switzerland listed in the Annex shall be opened annually, and at the rates of customs duty indicated in that Annex.

Article 2

The tariff quotas referred to in Article 1 shall be managed by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.

Article 3

Regulation (EC) No 933/2002 is repealed.

Article 4

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

It shall apply from 1 January 2010.

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

Done at Brussels, 23 November 2009.

For the Commission

László Kovács

Member of the Commission

[1] OJ L 114, 30.4.2002, p. 1.

[2] OJ L 228, 27.8.2008, p. 3.

[3] OJ L 253, 11.10.1993, p. 11.

[4] OJ L 144, 1.6.2002, p. 22.

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ANNEX

Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products is only indicative. The preferential scheme in this Annex relates to the CN codes as they exist at the time of adoption of this Regulation. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken together.

Order No | CN code | TARIC subdivision | Description of goods | Quota period | Quota volume (in tonnes net weight) | Quota duty |

09.0919 | ex02101950 | 10 | Hams of domestic swine, in brine, boneless, enclosed in a bladder or in an artificial gut | 1.1 to 31.12 | 1900 | free |

ex02101981 | 10 | Meat of domestic swine, boneless, from chop, smoked |

ex16010010 | 10 | Sausages and similar products, of meat, meat offal or blood; food preparations based on these products, of animals of headings 0101 to 0104, excluding wild boars |

ex16010091 | 10 |

ex16010099 | 10 |

ex02101981 | 20 | Pork neck, dried in air, seasoned or not, whole, in pieces or thinly sliced |

ex16024919 | 10 |

09.0921 | 07011000 | | Seed potatoes, fresh or chilled | 1.1 to 31.12 | 4000 | free |

09.0922 | 07020000 | | Tomatoes, fresh or chilled | 1.1 to 31.12 | 1000 | free [1] |

09.0923 | 07031019 070390 | | Onions other than sets; leeks and other alliaceous vegetables, fresh or chilled | 1.1 to 31.12 | 5000 | free |

09.0924 | 07041000 070490 | | Cabbages, cauliflowers, kohlrabi, kale and other similar edible brassicas with the exception of Brussels spouts, fresh or chilled | 1.1 to 31.12 | 5500 | free |

09.0925 | 0705 | | Lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled | 1.1 to 31.12 | 3000 | free |

09.0926 | 07061000 | | Carrots and turnips, fresh or chilled | 1.1 to 31.12 | 5000 | free |

09.0927 | 07069010 07069090 | | Salad beetroot, salsify, celeriac, radishes and similar edible roots, with the exception of horse-radish (Cochlearia armoracia), fresh or chilled | 1.1 to 31.12 | 3000 | free |

09.0928 | 07070005 | | Cucumbers, fresh or chilled | 1.1 to 31.12 | 1000 | free [1] |

09.0929 | 07082000 | | Beans (Vigna spp., Phaseolus spp.), fresh or chilled | 1.1 to 31.12 | 1000 | free |

09.0930 | 07093000 | | Aubergines (eggplants), fresh or chilled | 1.1 to 31.12 | 500 | free |

09.0931 | 07094000 | | Celery other than celeriac, fresh or chilled | 1.1 to 31.12 | 500 | free |

09.0932 | 07097000 | | Spinach, New Zealand spinach and orache spinach (garden spinach), fresh or chilled | 1.1 to 31.12 | 1000 | free |

09.0933 | 07099010 | | Salad vegetables, other than lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled | 1.1 to 31.12 | 1000 | free |

09.0950 | 07099020 | | Chard (or white beet) and cardoons, fresh or chilled | 1.1 to 31.12 | 300 | free |

09.0934 | 07099050 | | Fennel, fresh or chilled | 1.1 to 31.12 | 1000 | free |

09.0935 | 07099070 | | Courgettes, fresh or chilled | 1.1 to 31.12 | 1000 | free [1] |

09.0936 | 07099090 | | Other vegetables, fresh or chilled | 1.1 to 31.12 | 1000 | free |

09.0945 | 07101000 | | Potatoes, uncooked or cooked by steaming or boiling in water, frozen | 1.1 to 31.12 | 3000 | free |

20041010 20041099 | Potatoes, prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006, with the exception of flour, meal or flakes |

20052080 | Potatoes, prepared or otherwise preserved than by vinegar or acetic acid, not frozen, other than products of heading 2006, with the exception of flour, meal or flakes and preparations that are thinly sliced, fried or baked, whether or not salted or flavoured, in airtight packings, suitable for immediate consumption |

09.0937 | ex08081080 | 90 | Apples, other than cider apples, fresh | 1.1 to 31.12 | 3000 | free [1] |

09.0938 | 080820 | | Pears and quinces, fresh | 1.1 to 31.12 | 3000 | free [1] |

09.0939 | 08091000 | | Apricots, fresh | 1.1 to 31.12 | 500 | free [1] |

09.0940 | 08092095 | | Cherries, other than sour cherries (Prunus cerasus), fresh | 1.1 to 31.12 | 1500 | free [1] |

09.0941 | 080940 | | Plums and sloes, fresh | 1.1 to 31.12 | 1000 | free [1] |

09.0948 | 08101000 | | Strawberries, fresh | 1.1 to 31.12 | 200 | free |

09.0942 | 08102010 | | Raspberries, fresh | 1.1 to 31.12 | 100 | free |

09.0943 | 08102090 | | Blackberries, mulberries and loganberries, fresh | 1.1 to 31.12 | 100 | free |

09.0946 | ex08119019 | 12 | Cherries, uncooked or cooked by steaming or boiling in water, frozen, containing added sugar or other sweetening matter | 1.1 to 31.12 | 500 | free |

ex08119039 | 12 |

08119080 | | Cherries, other than sour cherries (Prunus cerasus), uncooked or cooked by steaming or boiling in water, frozen, not containing added sugar or other sweetening matter |

200860 | | Cherries, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included |

09.0944 | 11063010 | | Flour, meal and powder of bananas | 1.1 to 31.12 | 5 | free |

[*] The reduction of duty within this tariff quota is limited to the ad valorem element. Entry prices and their specific duties remain applicable.

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