# L_2013109EN.01000101.xml

| 19.4.2013 | EN | Official Journal of the European Union | L 109/1 |
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19.4.2013

EN

Official Journal of the European Union

L 109/1

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COMMISSION IMPLEMENTING REGULATION (EU) No 353/2013

of 18 April 2013

amending Implementing Regulation (EU) No 543/2011 as regards the trigger levels for additional duties on cucumbers, cherries, other than sour, apricots, tomatoes, plums, peaches, including nectarines, and table grapes

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 2010, 2011 and 2012, the trigger levels for additional duties on cucumbers and cherries, other than sour, should be amended with effect from 1 May 2013, whilst those on apricots, tomatoes, plums, peaches, including nectarines, and table grapes should be amended with effect from 1 June 2013. |
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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 2010, 2011 and 2012, the trigger levels for additional duties on cucumbers and cherries, other than sour, should be amended with effect from 1 May 2013, whilst those on apricots, tomatoes, plums, peaches, including nectarines, and table grapes should be amended with effect from 1 June 2013.

| (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 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, 18 April 2013.

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 of products | Period of application | Trigger level
  (tonnes) |
| --- | --- | --- | --- | --- |
| 78.0015 | 0702 00 00 | Tomatoes | From 1 October to 31 May | 462 389 |
| 78.0020 | From 1 June to 30 September | 30 766 |
| 78.0065 | 0707 00 05 | Cucumbers | From 1 May to 31 October | 13 080 |
| 78.0075 | From 1 November to 30 April | 15 100 |
| 78.0085 | 0709 91 00 | Artichokes | From 1 November to 30 June | 37 475 |
| 78.0100 | 0709 93 10 | Courgettes | From 1 January to 31 December | 85 538 |
| 78.0110 | 0805 10 20 | Oranges | From 1 December to 31 May | 468 160 |
| 78.0120 | 0805 20 10 | Clementines | From 1 November to end of February | 86 205 |
| 78.0130 | 0805 20 30
  0805 20 50
  0805 20 70
  0805 20 90 | Mandarins (including tangerines and satsumas); wilkings and similar citrus hybrids | From 1 November to end of February | 93 949 |
| 78.0155 | 0805 50 10 | Lemons | From 1 June to 31 December | 311 193 |
| 78.0160 | From 1 January to 31 May | 101 513 |
| 78.0170 | 0806 10 10 | Table grapes | From 21 July to 20 November | 124 303 |
| 78.0175 | 0808 10 80 | Apples | From 1 January to 31 August | 703 063 |
| 78.0180 | From 1 September to 31 December | 73 884 |
| 78.0220 | 0808 30 90 | Pears | From 1 January to 30 April | 225 388 |
| 78.0235 | From 1 July to 31 December | 33 797 |
| 78.0250 | 0809 10 00 | Apricots | From 1 June to 31 July | 4 930 |
| 78.0265 | 0809 21 00
  0809 29 00 | Cherries, other than sour cherries | From 21 May to 10 August | 33 967 |
| 78.0270 | 0809 30 | Peaches, including nectarines | From 11 June to 30 September | 2 712 |
| 78.0280 | 0809 40 05 | Plums | From 11 June to 30 September | 10 441 ’ |

Order number

CN code

Description of products

Period of application

Trigger level

(tonnes)

78.0015

0702 00 00

Tomatoes

From 1 October to 31 May

462 389

78.0020

From 1 June to 30 September

30 766

78.0065

0707 00 05

Cucumbers

From 1 May to 31 October

13 080

78.0075

From 1 November to 30 April

15 100

78.0085

0709 91 00

Artichokes

From 1 November to 30 June

37 475

78.0100

0709 93 10

Courgettes

From 1 January to 31 December

85 538

78.0110

0805 10 20

Oranges

From 1 December to 31 May

468 160

78.0120

0805 20 10

Clementines

From 1 November to end of February

86 205

78.0130

0805 20 30

0805 20 50

0805 20 70

0805 20 90

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

From 1 November to end of February

93 949

78.0155

0805 50 10

Lemons

From 1 June to 31 December

311 193

78.0160

From 1 January to 31 May

101 513

78.0170

0806 10 10

Table grapes

From 21 July to 20 November

124 303

78.0175

0808 10 80

Apples

From 1 January to 31 August

703 063

78.0180

From 1 September to 31 December

73 884

78.0220

0808 30 90

Pears

From 1 January to 30 April

225 388

78.0235

From 1 July to 31 December

33 797

78.0250

0809 10 00

Apricots

From 1 June to 31 July

4 930

78.0265

0809 21 00

0809 29 00

Cherries, other than sour cherries

From 21 May to 10 August

33 967

78.0270

0809 30

Peaches, including nectarines

From 11 June to 30 September

2 712

78.0280

0809 40 05

Plums

From 11 June to 30 September

10 441 ’

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