# L_2005137EN.01002101.xml

| 31.5.2005 | EN | Official Journal of the European Union | L 137/21 |
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31.5.2005

EN

Official Journal of the European Union

L 137/21

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COMMISSION REGULATION (EC) No 828/2005

of 30 May 2005

amending Regulation (EC) No 1555/96 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 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables (1), and in particular Article 33(4) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 1555/96 of 30 July 1996 on rules of application for additional import duties on fruit and vegetables (2) provides for surveillance of imports of the products listed in the Annex 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). |
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(1)

Commission Regulation (EC) No 1555/96 of 30 July 1996 on rules of application for additional import duties on fruit and vegetables (2) provides for surveillance of imports of the products listed in the Annex 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 2002, 2003 and 2004, the trigger levels for additional duties on tomatoes, apricots, lemons, plums, peaches, including nectarines, pears and table grapes should be amended. |
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(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 2002, 2003 and 2004, the trigger levels for additional duties on tomatoes, apricots, lemons, plums, peaches, including nectarines, pears and table grapes should be amended.

| (3) | Regulation (EC) No 1555/96 should therefore be amended accordingly. |
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(3)

Regulation (EC) No 1555/96 should therefore be amended accordingly.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables, |
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(4)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EC) No 1555/96 is hereby replaced by the Annex hereto.

Article 2

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

It shall apply from 1 June 2005.

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

Done at Brussels, 30 May 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

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(1)  
  OJ L 297, 21.11.1996, p. 1. Regulation as last amended by Commission Regulation (EC) No 47/2003 (OJ L 7, 11.1.2003, p. 64).

1

(2)  
  OJ L 193, 3.8.1996, p. 1. Regulation as last amended by Regulation (EC) No 694/2005 (OJ L 112, 3.5.2005, p. 10).

2

(3)  
  OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 2286/2003 (OJ L 343, 31.12.2003, p. 1).

3

(4)  
  OJ L 336, 23.12.1994, p. 22.

4

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ANNEX

‘ANNEX

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 exist at the time of the adoption of this Regulation. Where “ex” appears before the CN code, the scope of the additional duties is determined both by the scope of the CN code and by the corresponding trigger period.

| Order No | CN code | Description | Period of application | Trigger level
  (tonnes) |
| --- | --- | --- | --- | --- |
| 78.0015 | ex 0702 00 00 | Tomatoes | — 1 October to 31 May | 603 687 |
| 78.0020 | — 1 June to 30 September | 531 117 |
| 78.0065 | ex 0707 00 05 | Cucumbers | — 1 May to 31 October | 10 626 |
| 78.0075 | — 1 November to 30 April | 10 326 |
| 78.0085 | ex 0709 10 00 | Artichokes | — 1 November to 30 June | 2 071 |
| 78.0100 | 0709 90 70 | Courgettes | — 1 January to 31 December | 65 658 |
| 78.0110 | ex 0805 10 20 | Oranges | — 1 December to 31 May | 620 166 |
| 78.0120 | ex 0805 20 10 | Clementines | — 1 November to end February | 88 174 |
| 78.0130 | ex 0805 20 30
  ex 0805 20 50
  ex 0805 20 70
  ex 0805 20 90 | Mandarins (including tangerines and satsumas); wilkings and similar citrus hybrids | — 1 November to end February | 94 302 |
| 78.0155 | ex 0805 50 10 | Lemons | — 1 June to 31 December | 291 598 |
| 78.0160 | — 1 January to 31 May | 50 374 |
| 78.0170 | ex 0806 10 10 | Table grapes | — 21 July to 20 November | 222 307 |
| 78.0175 | ex 0808 10 80 | Apples | — 1 January to 31 August | 730 999 |
| 78.0180 | — 1 September to 31 December | 32 266 |
| 78.0220 | ex 0808 20 50 | Pears | — 1 January to 30 April | 239 335 |
| 78.0235 | — 1 July to 31 December | 29 158 |
| 78.0250 | ex 0809 10 00 | Apricots | — 1 June to 31 July | 127 403 |
| 78.0265 | ex 0809 20 95 | Cherries, other than sour cherries | — 21 May to 10 August | 54 213 |
| 78.0270 | ex 0809 30 | Peaches, including nectarines | — 11 June to 30 September | 982 366 |
| 78.0280 | ex 0809 40 05 | Plums | — 11 June to 30 September | 54 605 ’ |

Order No

CN code

Description

Period of application

Trigger level

(tonnes)

78.0015

ex 0702 00 00

Tomatoes

— 1 October to 31 May

603 687

78.0020

— 1 June to 30 September

531 117

78.0065

ex 0707 00 05

Cucumbers

— 1 May to 31 October

10 626

78.0075

— 1 November to 30 April

10 326

78.0085

ex 0709 10 00

Artichokes

— 1 November to 30 June

2 071

78.0100

0709 90 70

Courgettes

— 1 January to 31 December

65 658

78.0110

ex 0805 10 20

Oranges

— 1 December to 31 May

620 166

78.0120

ex 0805 20 10

Clementines

— 1 November to end February

88 174

78.0130

ex 0805 20 30

ex 0805 20 50

ex 0805 20 70

ex 0805 20 90

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

— 1 November to end February

94 302

78.0155

ex 0805 50 10

Lemons

— 1 June to 31 December

291 598

78.0160

— 1 January to 31 May

50 374

78.0170

ex 0806 10 10

Table grapes

— 21 July to 20 November

222 307

78.0175

ex 0808 10 80

Apples

— 1 January to 31 August

730 999

78.0180

— 1 September to 31 December

32 266

78.0220

ex 0808 20 50

Pears

— 1 January to 30 April

239 335

78.0235

— 1 July to 31 December

29 158

78.0250

ex 0809 10 00

Apricots

— 1 June to 31 July

127 403

78.0265

ex 0809 20 95

Cherries, other than sour cherries

— 21 May to 10 August

54 213

78.0270

ex 0809 30

Peaches, including nectarines

— 11 June to 30 September

982 366

78.0280

ex 0809 40 05

Plums

— 11 June to 30 September

54 605 ’

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