# L_2009308EN.01001401.xml

| 24.11.2009 | EN | Official Journal of the European Union | L 308/14 |
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24.11.2009

EN

Official Journal of the European Union

L 308/14

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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. |
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(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). |
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(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. |
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(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. |
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(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, |
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(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

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(1)  
  OJ L 114, 30.4.2002, p. 1.

1

(2)  
  OJ L 228, 27.8.2008, p. 3.

2

(3)  
  OJ L 253, 11.10.1993, p. 11.

3

(4)  
  OJ L 144, 1.6.2002, p. 22.

4

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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 | ex 0210 19 50 | 10 | Hams of domestic swine, in brine, boneless, enclosed in a bladder or in an artificial gut | 1.1 to 31.12 | 1 900 | free |
| ex 0210 19 81 | 10 | Meat of domestic swine, boneless, from chop, smoked |
| ex 1601 00 10 | 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 |
| ex 1601 00 91 | 10 |
| ex 1601 00 99 | 10 |
| ex 0210 19 81 | 20 | Pork neck, dried in air, seasoned or not, whole, in pieces or thinly sliced |
| ex 1602 49 19 | 10 |
| 09.0921 | 0701 10 00 | | Seed potatoes, fresh or chilled | 1.1 to 31.12 | 4 000 | free |
| 09.0922 | 0702 00 00 | | Tomatoes, fresh or chilled | 1.1 to 31.12 | 1 000 | free (*1) |
| 09.0923 | 0703 10 19
  0703 90 | | Onions other than sets; leeks and other alliaceous vegetables, fresh or chilled | 1.1 to 31.12 | 5 000 | free |
| 09.0924 | 0704 10 00
  0704 90 | | Cabbages, cauliflowers, kohlrabi, kale and other similar edible brassicas with the exception of Brussels spouts, fresh or chilled | 1.1 to 31.12 | 5 500 | free |
| 09.0925 | 0705 | | Lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled | 1.1 to 31.12 | 3 000 | free |
| 09.0926 | 0706 10 00 | | Carrots and turnips, fresh or chilled | 1.1 to 31.12 | 5 000 | free |
| 09.0927 | 0706 90 10
  0706 90 90 | | 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 | 3 000 | free |
| 09.0928 | 0707 00 05 | | Cucumbers, fresh or chilled | 1.1 to 31.12 | 1 000 | free (*1) |
| 09.0929 | 0708 20 00 | | Beans (Vigna spp., Phaseolus spp.), fresh or chilled | 1.1 to 31.12 | 1 000 | free |
| 09.0930 | 0709 30 00 | | Aubergines (eggplants), fresh or chilled | 1.1 to 31.12 | 500 | free |
| 09.0931 | 0709 40 00 | | Celery other than celeriac, fresh or chilled | 1.1 to 31.12 | 500 | free |
| 09.0932 | 0709 70 00 | | Spinach, New Zealand spinach and orache spinach (garden spinach), fresh or chilled | 1.1 to 31.12 | 1 000 | free |
| 09.0933 | 0709 90 10 | | Salad vegetables, other than lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled | 1.1 to 31.12 | 1 000 | free |
| 09.0950 | 0709 90 20 | | Chard (or white beet) and cardoons, fresh or chilled | 1.1 to 31.12 | 300 | free |
| 09.0934 | 0709 90 50 | | Fennel, fresh or chilled | 1.1 to 31.12 | 1 000 | free |
| 09.0935 | 0709 90 70 | | Courgettes, fresh or chilled | 1.1 to 31.12 | 1 000 | free (*1) |
| 09.0936 | 0709 90 90 | | Other vegetables, fresh or chilled | 1.1 to 31.12 | 1 000 | free |
| 09.0945 | 0710 10 00 | | Potatoes, uncooked or cooked by steaming or boiling in water, frozen | 1.1 to 31.12 | 3 000 | free |
| 2004 10 10
  2004 10 99 | 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 |
| 2005 20 80 | 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 | ex 0808 10 80 | 90 | Apples, other than cider apples, fresh | 1.1 to 31.12 | 3 000 | free (*1) |
| 09.0938 | 0808 20 | | Pears and quinces, fresh | 1.1 to 31.12 | 3 000 | free (*1) |
| 09.0939 | 0809 10 00 | | Apricots, fresh | 1.1 to 31.12 | 500 | free (*1) |
| 09.0940 | 0809 20 95 | | Cherries, other than sour cherries (Prunus cerasus), fresh | 1.1 to 31.12 | 1 500 | free (*1) |
| 09.0941 | 0809 40 | | Plums and sloes, fresh | 1.1 to 31.12 | 1 000 | free (*1) |
| 09.0948 | 0810 10 00 | | Strawberries, fresh | 1.1 to 31.12 | 200 | free |
| 09.0942 | 0810 20 10 | | Raspberries, fresh | 1.1 to 31.12 | 100 | free |
| 09.0943 | 0810 20 90 | | Blackberries, mulberries and loganberries, fresh | 1.1 to 31.12 | 100 | free |
| 09.0946 | ex 0811 90 19 | 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 |
| ex 0811 90 39 | 12 |
| 0811 90 80 | | 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 |
| 2008 60 | | Cherries, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included |
| 09.0944 | 1106 30 10 | | Flour, meal and powder of bananas | 1.1 to 31.12 | 5 | free |

Order No

CN code

TARIC subdivision

Description of goods

Quota period

Quota volume

(in tonnes net weight)

Quota duty

09.0919

ex 0210 19 50

10

Hams of domestic swine, in brine, boneless, enclosed in a bladder or in an artificial gut

1.1 to 31.12

1 900

free

ex 0210 19 81

10

Meat of domestic swine, boneless, from chop, smoked

ex 1601 00 10

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

ex 1601 00 91

10

ex 1601 00 99

10

ex 0210 19 81

20

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

ex 1602 49 19

10

09.0921

0701 10 00

Seed potatoes, fresh or chilled

1.1 to 31.12

4 000

free

09.0922

0702 00 00

Tomatoes, fresh or chilled

1.1 to 31.12

1 000

free (*1)

09.0923

0703 10 19

0703 90

Onions other than sets; leeks and other alliaceous vegetables, fresh or chilled

1.1 to 31.12

5 000

free

09.0924

0704 10 00

0704 90

Cabbages, cauliflowers, kohlrabi, kale and other similar edible brassicas with the exception of Brussels spouts, fresh or chilled

1.1 to 31.12

5 500

free

09.0925

0705

Lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled

1.1 to 31.12

3 000

free

09.0926

0706 10 00

Carrots and turnips, fresh or chilled

1.1 to 31.12

5 000

free

09.0927

0706 90 10

0706 90 90

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

3 000

free

09.0928

0707 00 05

Cucumbers, fresh or chilled

1.1 to 31.12

1 000

free (*1)

09.0929

0708 20 00

Beans (Vigna spp., Phaseolus spp.), fresh or chilled

1.1 to 31.12

1 000

free

09.0930

0709 30 00

Aubergines (eggplants), fresh or chilled

1.1 to 31.12

500

free

09.0931

0709 40 00

Celery other than celeriac, fresh or chilled

1.1 to 31.12

500

free

09.0932

0709 70 00

Spinach, New Zealand spinach and orache spinach (garden spinach), fresh or chilled

1.1 to 31.12

1 000

free

09.0933

0709 90 10

Salad vegetables, other than lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled

1.1 to 31.12

1 000

free

09.0950

0709 90 20

Chard (or white beet) and cardoons, fresh or chilled

1.1 to 31.12

300

free

09.0934

0709 90 50

Fennel, fresh or chilled

1.1 to 31.12

1 000

free

09.0935

0709 90 70

Courgettes, fresh or chilled

1.1 to 31.12

1 000

free (*1)

09.0936

0709 90 90

Other vegetables, fresh or chilled

1.1 to 31.12

1 000

free

09.0945

0710 10 00

Potatoes, uncooked or cooked by steaming or boiling in water, frozen

1.1 to 31.12

3 000

free

2004 10 10

2004 10 99

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

2005 20 80

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

ex 0808 10 80

90

Apples, other than cider apples, fresh

1.1 to 31.12

3 000

free (*1)

09.0938

0808 20

Pears and quinces, fresh

1.1 to 31.12

3 000

free (*1)

09.0939

0809 10 00

Apricots, fresh

1.1 to 31.12

500

free (*1)

09.0940

0809 20 95

Cherries, other than sour cherries (Prunus cerasus), fresh

1.1 to 31.12

1 500

free (*1)

09.0941

0809 40

Plums and sloes, fresh

1.1 to 31.12

1 000

free (*1)

09.0948

0810 10 00

Strawberries, fresh

1.1 to 31.12

200

free

09.0942

0810 20 10

Raspberries, fresh

1.1 to 31.12

100

free

09.0943

0810 20 90

Blackberries, mulberries and loganberries, fresh

1.1 to 31.12

100

free

09.0946

ex 0811 90 19

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

ex 0811 90 39

12

0811 90 80

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

2008 60

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

09.0944

1106 30 10

Flour, meal and powder of bananas

1.1 to 31.12

5

free

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(*1)  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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