# L_2009223EN.01002001.xml

| 26.8.2009 | EN | Official Journal of the European Union | L 223/20 |
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26.8.2009

EN

Official Journal of the European Union

L 223/20

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COMMISSION REGULATION (EC) No 772/2009

of 25 August 2009

amending Regulation (EC) No 1580/2007 as regards the trigger levels for additional duties on tomatoes

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 143(b) thereof, in conjunction with Article 4,

Whereas:

| (1) | Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2) provides for surveillance of imports of the products listed in Annex XVII 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 1580/2007 of 21 December 2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2) provides for surveillance of imports of the products listed in Annex XVII 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 2006, 2007 and 2008, the trigger levels for additional duties of tomatoes should be adjusted. |
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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 2006, 2007 and 2008, the trigger levels for additional duties of tomatoes should be adjusted.

| (3) | As a result, Regulation (EC) No 1580/2007 should be amended accordingly. |
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(3)

As a result, Regulation (EC) No 1580/2007 should be amended accordingly.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets, |
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(4)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Article 1

Annex XVII to Regulation (EC) No 1580/2007 is replaced by the text set out in the Annex to this Regulation.

Article 2

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

It shall apply from 1 October 2009.

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

Done at Brussels, 25 August 2009.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

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(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 350, 31.12.2007, p. 1.

2

(3)  
  OJ L 253, 11.10.1993, p. 1.

3

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

4

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ANNEX

‘ANNEX XVII

ADDITIONAL IMPORT DUTIES: TITLE IV, CHAPTER II, SECTION 2

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.

| Serial No | CN code | Description | Trigger period | Trigger level
  (tonnes) |
| --- | --- | --- | --- | --- |
| 78.0015 | 0702 00 00 | Tomatoes | 1 October to 31 May | 415 907 |
| 78.0020 | 1 June to 30 September | 40 107 |
| 78.0065 | 0707 00 05 | Cucumbers | 1 May to 31 October | 19 309 |
| 78.0075 | 1 November to 30 April | 17 223 |
| 78.0085 | 0709 90 80 | Artichokes | 1 November to 30 June | 16 421 |
| 78.0100 | 0709 90 70 | Courgettes | 1 January to 31 December | 65 893 |
| 78.0110 | 0805 10 20 | Oranges | 1 December to 31 May | 700 277 |
| 78.0120 | 0805 20 10 | Clementines | 1 November to end of February | 385 569 |
| 78.0130 | 0805 20 30
  0805 20 50
  0805 20 70
  0805 20 90 | Mandarins (including tangerines and satsumas); wilkings and similar citrus hybrids | 1 November to end of February | 95 620 |
| 78.0155 | 0805 50 10 | Lemons | 1 June to 31 December | 329 947 |
| 78.0160 | 1 January to 31 May | 61 422 |
| 78.0170 | 0806 10 10 | Table grapes | 21 July to 20 November | 89 140 |
| 78.0175 | 0808 10 80 | Apples | 1 January to 31 August | 824 442 |
| 78.0180 | 1 September to 31 December | 327 526 |
| 78.0220 | 0808 20 50 | Pears | 1 January to 30 April | 223 485 |
| 78.0235 | 1 July to 31 December | 70 116 |
| 78.0250 | 0809 10 00 | Apricots | 1 June to 31 July | 5 785 |
| 78.0265 | 0809 20 95 | Cherries, other than sour cherries | 21 May to 10 August | 133 425 |
| 78.0270 | 0809 30 | Peaches, including nectarines | 11 June to 30 September | 131 459 |
| 78.0280 | 0809 40 05 | Plums | 11 June to 30 September | 129 925 ’ |

Serial No

CN code

Description

Trigger period

Trigger level

(tonnes)

78.0015

0702 00 00

Tomatoes

1 October to 31 May

415 907

78.0020

1 June to 30 September

40 107

78.0065

0707 00 05

Cucumbers

1 May to 31 October

19 309

78.0075

1 November to 30 April

17 223

78.0085

0709 90 80

Artichokes

1 November to 30 June

16 421

78.0100

0709 90 70

Courgettes

1 January to 31 December

65 893

78.0110

0805 10 20

Oranges

1 December to 31 May

700 277

78.0120

0805 20 10

Clementines

1 November to end of February

385 569

78.0130

0805 20 30

0805 20 50

0805 20 70

0805 20 90

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

1 November to end of February

95 620

78.0155

0805 50 10

Lemons

1 June to 31 December

329 947

78.0160

1 January to 31 May

61 422

78.0170

0806 10 10

Table grapes

21 July to 20 November

89 140

78.0175

0808 10 80

Apples

1 January to 31 August

824 442

78.0180

1 September to 31 December

327 526

78.0220

0808 20 50

Pears

1 January to 30 April

223 485

78.0235

1 July to 31 December

70 116

78.0250

0809 10 00

Apricots

1 June to 31 July

5 785

78.0265

0809 20 95

Cherries, other than sour cherries

21 May to 10 August

133 425

78.0270

0809 30

Peaches, including nectarines

11 June to 30 September

131 459

78.0280

0809 40 05

Plums

11 June to 30 September

129 925 ’

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