# L_2012116EN.01001001.xml

| 28.4.2012 | EN | Official Journal of the European Union | L 116/10 |
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28.4.2012

EN

Official Journal of the European Union

L 116/10

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COMMISSION IMPLEMENTING REGULATION (EU) No 366/2012

of 27 April 2012

amending Implementing Regulation (EU) No 543/2011 as regards the trigger levels for additional duties on cucumbers and cherries, other than sour cherries

THE EUROPEAN COMMISSION,

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

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) in conjunction with Article 4 thereof,

Whereas:

| (1) | Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2) provides for the surveillance of the imports of the products listed in Annex XVIII 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 Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2) provides for the surveillance of the imports of the products listed in Annex XVIII 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 2009, 2010 and 2011, the trigger levels for additional duties should be adjusted from 1 May 2012 for cucumbers and from 21 May 2012 for cherries other than sour cherries. |
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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 2009, 2010 and 2011, the trigger levels for additional duties should be adjusted from 1 May 2012 for cucumbers and from 21 May 2012 for cherries other than sour cherries.

| (3) | Implementing Regulation (EU) No 543/2011 should therefore be amended accordingly. |
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(3)

Implementing Regulation (EU) No 543/2011 should therefore be amended accordingly.

| (4) | Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication. |
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(4)

Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication.

| (5) | 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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(5)

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 XVIII to Implementing Regulation (EU) No 543/2011 is replaced by the text 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.

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

Done at Brussels, 27 April 2012.

For the Commission

The President

José Manuel BARROSO

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

1

(2)  
  OJ L 157, 15.6.2011, 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 XVIII

ADDITIONAL IMPORT DUTIES: TITLE IV, CHAPTER I, 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 stand at the time of the adoption of this Regulation.

| Order number | CN code | Description | Trigger period | Trigger level
  (tonnes) |
| --- | --- | --- | --- | --- |
| 78.0015 | 0702 00 00 | Tomatoes | 1 October to 31 May | 481 762 |
| 78.0020 | 1 June to 30 September | 44 251 |
| 78.0065 | 0707 00 05 | Cucumbers | 1 May to 31 October | 13 402 |
| 78.0075 | 1 November to 30 April | 18 306 |
| 78.0085 | 0709 91 00 | Artichokes | 1 November to 30 June | 11 620 |
| 78.0100 | 0709 93 10 | Courgettes | 1 January to 31 December | 54 760 |
| 78.0110 | 0805 10 20 | Oranges | 1 December to 31 May | 292 760 |
| 78.0120 | 0805 20 10 | Clementines | 1 November to end of February | 85 392 |
| 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 | 99 128 |
| 78.0155 | 0805 50 10 | Lemons | 1 June to 31 December | 340 920 |
| 78.0160 | 1 January to 31 May | 90 108 |
| 78.0170 | 0806 10 10 | Table grapes | 21 July to 20 November | 80 588 |
| 78.0175 | 0808 10 80 | Apples | 1 January to 31 August | 701 247 |
| 78.0180 | 1 September to 31 December | 64 981 |
| 78.0220 | 0808 30 90 | Pears | 1 January to 30 April | 230 148 |
| 78.0235 | 1 July to 31 December | 35 573 |
| 78.0250 | 0809 10 00 | Apricots | 1 June to 31 July | 5 794 |
| 78.0265 | 0809 29 00 | Cherries, other than sour cherries | 21 May to 10 August | 59 061 |
| 78.0270 | 0809 30 | Peaches, including nectarines | 11 June to 30 September | 5 613 |
| 78.0280 | 0809 40 05 | Plums | 11 June to 30 September | 10 293 ’ |

Order number

CN code

Description

Trigger period

Trigger level

(tonnes)

78.0015

0702 00 00

Tomatoes

1 October to 31 May

481 762

78.0020

1 June to 30 September

44 251

78.0065

0707 00 05

Cucumbers

1 May to 31 October

13 402

78.0075

1 November to 30 April

18 306

78.0085

0709 91 00

Artichokes

1 November to 30 June

11 620

78.0100

0709 93 10

Courgettes

1 January to 31 December

54 760

78.0110

0805 10 20

Oranges

1 December to 31 May

292 760

78.0120

0805 20 10

Clementines

1 November to end of February

85 392

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

99 128

78.0155

0805 50 10

Lemons

1 June to 31 December

340 920

78.0160

1 January to 31 May

90 108

78.0170

0806 10 10

Table grapes

21 July to 20 November

80 588

78.0175

0808 10 80

Apples

1 January to 31 August

701 247

78.0180

1 September to 31 December

64 981

78.0220

0808 30 90

Pears

1 January to 30 April

230 148

78.0235

1 July to 31 December

35 573

78.0250

0809 10 00

Apricots

1 June to 31 July

5 794

78.0265

0809 29 00

Cherries, other than sour cherries

21 May to 10 August

59 061

78.0270

0809 30

Peaches, including nectarines

11 June to 30 September

5 613

78.0280

0809 40 05

Plums

11 June to 30 September

10 293 ’

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