# L_2021433EN.01000101.xml

| 6.12.2021 | EN | Official Journal of the European Union | L 433/1 |
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6.12.2021

EN

Official Journal of the European Union

L 433/1

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COMMISSION IMPLEMENTING REGULATION (EU) 2021/2140

of 2 December 2021

fixing the trigger volumes for the years 2022 and 2023 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. |
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(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.

| (2) | 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 3 years. On the basis of the data notified by the Member States for the years 2018, 2019 and 2020, the trigger volumes for certain fruit and vegetables should be fixed for the years 2022 and 2023. |
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(2)

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 3 years. On the basis of the data notified by the Member States for the years 2018, 2019 and 2020, the trigger volumes for certain fruit and vegetables should be fixed for the years 2022 and 2023.

| (3) | 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 2022, |
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(3)

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 2022,

HAS ADOPTED THIS REGULATION:

Article 1

For the years 2022 and 2023, 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 2022.

It shall expire on 30 June 2023.

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

Done at Brussels, 2 December 2021.

For the Commission

The President

Ursula VON DER LEYEN

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(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

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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) |
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| 2022 | 2023 |
| 78.0020 | 07020000 | Tomatoes | From 1 June to 30 September | | 165 053 |
| 78.0015 | From 1 October | to 31 May | 764 097 |
| 78.0065 | 07070005 | Cucumbers | From 1 May to 31 October | | 111 323 |
| 78.0075 | From 1 November | to 30 April | 62 867 |
| 78.0085 | 07099100 | Artichokes | From 1 November | to 30 June | 10 744 |
| 78.0100 | 07099310 | Courgettes | From 1 January to 31 December | | 157 892 |
| 78.0110 | 08051022
  08051024
  08051028 | Oranges | From 1 December | to 31 May | 313 919 |
| 78.0120 | 08052200 | Clementines | From 1 November | to end of February | 169 975 |
| 78.0130 | 080521
  08052900 | Mandarins (including tangerines and satsumas); wilkings and similar citrus hybrids | From 1 November | to end of February | 252 244 |
| 78.0160 | 08055010 | Lemons | From 1 January to 31 May | | 57 013 |
| 78.0155 | From 1 June to 31 December | | 410 794 |
| 78.0170 | 08061010 | Table grapes | From 16 July to 16 November | | 81 062 |
| 78.0175 | 08081080 | Apples | From 1 January to 31 August | | 321 996 |
| 78.0180 | From 1 September to 31 December | | 46 813 |
| 78.0220 | 08083090 | Pears | From 1 January to 30 April | | 117 126 |
| 78.0235 | From 1 July to 31 December | | 117 810 |
| 78.0250 | 08091000 | Apricots | From 1 June to 31 July | | 9 631 |
| 78.0265 | 08092900 | Cherries other than sour | From 16 May to 15 August | | 37 031 |
| 78.0270 | 080930 | Peaches, including nectarines | From 16 June to 30 September | | 10 709 |
| 78.0280 | 08094005 | Plums | From 16 June to 30 September | | 35 195 |

Order number

CN code

Description of products

Period of application

Trigger volume (tonnes)

2022

2023

78.0020

07020000

Tomatoes

From 1 June to 30 September

165 053

78.0015

From 1 October

to 31 May

764 097

78.0065

07070005

Cucumbers

From 1 May to 31 October

111 323

78.0075

From 1 November

to 30 April

62 867

78.0085

07099100

Artichokes

From 1 November

to 30 June

10 744

78.0100

07099310

Courgettes

From 1 January to 31 December

157 892

78.0110

08051022

08051024

08051028

Oranges

From 1 December

to 31 May

313 919

78.0120

08052200

Clementines

From 1 November

to end of February

169 975

78.0130

080521

08052900

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

From 1 November

to end of February

252 244

78.0160

08055010

Lemons

From 1 January to 31 May

57 013

78.0155

From 1 June to 31 December

410 794

78.0170

08061010

Table grapes

From 16 July to 16 November

81 062

78.0175

08081080

Apples

From 1 January to 31 August

321 996

78.0180

From 1 September to 31 December

46 813

78.0220

08083090

Pears

From 1 January to 30 April

117 126

78.0235

From 1 July to 31 December

117 810

78.0250

08091000

Apricots

From 1 June to 31 July

9 631

78.0265

08092900

Cherries other than sour

From 16 May to 15 August

37 031

78.0270

080930

Peaches, including nectarines

From 16 June to 30 September

10 709

78.0280

08094005

Plums

From 16 June to 30 September

35 195

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