# L_2019328EN.01005801.xml

| 18.12.2019 | EN | Official Journal of the European Union | L 328/58 |
| --- | --- | --- | --- |

18.12.2019

EN

Official Journal of the European Union

L 328/58

---

COMMISSION IMPLEMENTING REGULATION (EU) 2019/2163

of 17 December 2019

fixing the trigger volumes for the years 2020 and 2021 for the purposes of possible application of additional import duties on certain fruit and vegetables

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular point (b) of the first paragraph of Article 183 thereof,

Whereas:

| (1) | Article 39 of Commission Implementing Regulation (EU) 2017/892 (2) provides that an additional import duty as referred to in Article 182(1) of Regulation (EU) No 1308/2013 may be applied to the products and during the periods listed in Annex VII to that Implementing Regulation. That additional import duty has to apply if the quantity of any of the products put into free circulation for any of the periods of application set out in that Annex exceeds the trigger volume of imports in a year for that product. Additional import duties shall not be imposed where the imports are unlikely to disturb the Union market, or where the effects would be disproportionate to the intended objective. |
| --- | --- |

(1)

Article 39 of Commission Implementing Regulation (EU) 2017/892 (2) provides that an additional import duty as referred to in Article 182(1) of Regulation (EU) No 1308/2013 may be applied to the products and during the periods listed in Annex VII to that Implementing Regulation. That additional import duty has to apply if the quantity of any of the products put into free circulation for any of the periods of application set out in that Annex exceeds the trigger volume of imports in a year for that product. Additional import duties shall not be imposed where the imports are unlikely to disturb the Union market, or where the effects would be disproportionate to the intended objective.

| (1) | In accordance with the second subparagraph of Article 182(1) of Regulation (EU) No 1308/2013, the trigger volumes of imports for the possible application of additional import duties on certain fruit and vegetables are based on import data and domestic consumption data for the previous three years. On the basis of the data notified by the Member States for the years 2016, 2017 and 2018, the trigger volumes for certain fruit and vegetables should be fixed for the years 2020 and 2021. |
| --- | --- |

(1)

In accordance with the second subparagraph of Article 182(1) of Regulation (EU) No 1308/2013, the trigger volumes of imports for the possible application of additional import duties on certain fruit and vegetables are based on import data and domestic consumption data for the previous three years. On the basis of the data notified by the Member States for the years 2016, 2017 and 2018, the trigger volumes for certain fruit and vegetables should be fixed for the years 2020 and 2021.

| (2) | Taking into account that the period of application of possible additional import duties as set out in Annex VII to Implementing Regulation (EU) 2017/892 starts for a number of products on 1 January, this Regulation should apply from 1 January 2020 and therefore it should enter into force as soon as possible, |
| --- | --- |

(2)

Taking into account that the period of application of possible additional import duties as set out in Annex VII to Implementing Regulation (EU) 2017/892 starts for a number of products on 1 January, this Regulation should apply from 1 January 2020 and therefore it should enter into force as soon as possible,

HAS ADOPTED THIS REGULATION:

Article 1

For the years 2020 and 2021, the trigger volumes referred to in point (b) of the first subparagraph of Article 182(1) of Regulation (EU) No 1308/2013 for the products listed in Annex VII to Implementing Regulation (EU) 2017/892 are 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.

It shall apply from 1 January 2020.

It shall expire on 30 June 2021.

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

Done at Brussels, 17 December 2019.

For the Commission

The President

Ursula VON DER LEYEN

---

(1)  
  OJ L 347, 20.12.2013, p. 671.

1

(2)  Commission Implementing Regulation (EU) 2017/892 of 13 March 2017 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors (OJ L 138, 25.5.2017, p. 57).

2

---

ANNEX

Trigger volumes for the products and periods set out in Annex VII to Implementing Regulation (EU) 2017/892, for the possible application of additional import duties

Without prejudice to the rules on the interpretation of the Combined Nomenclature, the description of the products is deemed to be indicative only. For the purposes of this Annex, the scope of the additional import duties is determined by the scope of the CN codes as they stand at the time of adoption of this Regulation.

| Order number | CN code | Description of products | Period of application | Trigger volume (tonnes) |
| --- | --- | --- | --- | --- |
| 2020 | 2021 |
| 78.0020 | 0702 00 00 | Tomatoes | From 1 June to 30 September | | 54 848 |
| 78.0015 | From 1 October | to 31 May | 578 315 |
| 78.0065 | 0707 00 05 | Cucumbers | From 1 May to 31 October | | 62 171 |
| 78.0075 | From 1 November | to 30 April | 48 583 |
| 78.0085 | 0709 91 00 | Artichokes | From 1 November | to 30 June | 8 244 |
| 78.0100 | 0709 93 10 | Courgettes | From 1 January to 31 December | | 94 081 |
| 78.0110 | 0805 10 22
  0805 10 24
  0805 10 28 | Oranges | From 1 December | to 31 May | 466 660 |
| 78.0120 | 0805 22 00 | Clementines | From 1 November | to end of February | 241 919 |
| 78.0130 | 0805 21
  0805 29 00 | Mandarins (including tangerines and satsumas); wilkings and similar citrus hybrids | From 1 November | to end of February | 96 897 |
| 78.0160 | 0805 50 10 | Lemons | From 1 January to 31 May | | 351 591 |
| 78.0155 | From 1 June to 31 December | | 621 073 |
| 78.0170 | 0806 10 10 | Table grapes | From 16 July to 16 November | | 214 307 |
| 78.0175 | 0808 10 80 | Apples | From 1 January to 31 August | | 595 028 |
| 78.0180 | From 1 September to 31 December | | 1154623 |
| 78.0220 | 0808 30 90 | Pears | From 1 January to 30 April | | 141 496 |
| 78.0235 | From 1 July to 31 December | | 106 940 |
| 78.0250 | 0809 10 00 | Apricots | From 1 June to 31 July | | 7 166 |
| 78.0265 | 0809 29 00 | Cherries other than sour | From 16 May to 15 August | | 104 573 |
| 78.0270 | 0809 30 | Peaches, including nectarines | From 16 June to 30 September | | 3 482 |
| 78.0280 | 0809 40 05 | Plums | From 16 June to 30 September | | 204 681 |

Order number

CN code

Description of products

Period of application

Trigger volume (tonnes)

2020

2021

78.0020

0702 00 00

Tomatoes

From 1 June to 30 September

54 848

78.0015

From 1 October

to 31 May

578 315

78.0065

0707 00 05

Cucumbers

From 1 May to 31 October

62 171

78.0075

From 1 November

to 30 April

48 583

78.0085

0709 91 00

Artichokes

From 1 November

to 30 June

8 244

78.0100

0709 93 10

Courgettes

From 1 January to 31 December

94 081

78.0110

0805 10 22

0805 10 24

0805 10 28

Oranges

From 1 December

to 31 May

466 660

78.0120

0805 22 00

Clementines

From 1 November

to end of February

241 919

78.0130

0805 21

0805 29 00

Mandarins (including tangerines and satsumas); wilkings and similar citrus hybrids

From 1 November

to end of February

96 897

78.0160

0805 50 10

Lemons

From 1 January to 31 May

351 591

78.0155

From 1 June to 31 December

621 073

78.0170

0806 10 10

Table grapes

From 16 July to 16 November

214 307

78.0175

0808 10 80

Apples

From 1 January to 31 August

595 028

78.0180

From 1 September to 31 December

1154623

78.0220

0808 30 90

Pears

From 1 January to 30 April

141 496

78.0235

From 1 July to 31 December

106 940

78.0250

0809 10 00

Apricots

From 1 June to 31 July

7 166

78.0265

0809 29 00

Cherries other than sour

From 16 May to 15 August

104 573

78.0270

0809 30

Peaches, including nectarines

From 16 June to 30 September

3 482

78.0280

0809 40 05

Plums

From 16 June to 30 September

204 681

---