Commission Regulation (EC) No 453/2002 of 13 March 2002 adapting Council Regulation (EC) No 2201/96 and Commission Regulations (EC) No 1799/2001, (EC) No 2125/95 and (EC) No 3223/94 as regards the combined nomenclature codes for certain fruits and vegetables
Date: 2002-03-13
Institutions: European Commission
Subjects: Combined Nomenclature, citrus fruit, fruit vegetable, grape, mushroom-growing, perennial vegetable, pip fruit, preserved product, stone fruit, vegetable juice

14.3.2002

EN

Official Journal of the European Communities

L 72/9

COMMISSION REGULATION (EC) No 453/2002

of 13 March 2002

adapting Council Regulation (EC) No 2201/96 and Commission Regulations (EC) No 1799/2001,
(EC) No 2125/95 and (EC) No 3223/94 as regards the combined nomenclature codes for certain
fruits and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 234/79 of 5 February 1979 on the procedure for adjusting
the Common Customs Tariff nomenclature used for agricultural products (1), as last amended by Regulation
(EC) No 3290/94 (2), and in particular Article 2(1) thereof,

Whereas:

(1)

Commission Regulation (EC) No 2031/2001 of 6 August 2001 amending Annex I to Council
Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common
Customs Tariff (3) has amended the Combined Nomenclature for certain fruits and vegetables and
products processed from fruit and vegetables.

(2)

The following should therefore be adapted:

— the table in Article 1(2) of Council Regulation (EC) No 2201/96 of 28 October 1996 on the
common organisation of the markets in processed fruit and vegetable products (4), as last
amended by Regulation (EC) No 1239/2001 (5);

— Article 1 of Commission Regulation (EC) No 1799/2001 of 12 September 2001 laying down the

marketing standard for citrus fruit (6);

— Article 1(1) and (2) of Commission Regulation (EC) No 2125/95 of 6 September 1995 opening
and providing for the administration of tariff quotas for preserved mushrooms (7), as last
amended by Regulation (EC) No 2541/2001 (8);

— the table in the Annex to Commission Regulation (EC) No 3223/94 of 21 December 1994 on
detailed rules for the application of the import arrangements for fruit and vegetables (9), as last
amended by Regulation (EC) No 807/2000 (10).

(3)

The above adaptations should enter into force at the same time as Regulation (EC) No 2031/2001.

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Joint Meeting
of Management Committees for fresh fruit and vegetables and for processed fruit and vegetables,

(1) OJ L 34, 9.2.1979, p. 2.
(2) OJ L 349, 31.12.1994, p. 105.
(3) OJ L 279, 23.10.2001, p. 1.
(4) OJ L 297, 21.11.1996, p. 29.
(5) OJ L 171, 26.6.2001, p. 1.
(6) OJ L 244, 14.9.2001, p. 12.
(7) OJ L 212, 7.9.1995, p. 16.
(8) OJ L 341, 22.12.2001, p. 80.
(9) OJ L 337, 24.12.1994, p. 66.
(10) OJ L 97, 19.4.2000, p. 6.

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HAS ADOPTED THIS REGULATION:

In the table in Article 1(2) of Regulation (EC) No 2201/96:

Article 1

‘ex 0812

Fruit and nuts, provisionally preserved (for example by sulphur dioxide gas, in brine, in
sulphur water or in other preservative solutions), but unsuitable in that state for
immediate consumption, excluding bananas provisionally preserved falling within
subheading ex 0812 90 95’

is replaced by:

‘ex 0812

and the text:

‘ex 2009

is replaced by:

‘ex 2009

Fruit and nuts, provisionally preserved (for example by sulphur dioxide gas, in brine, in
sulphur water or in other preservative solutions), but unsuitable in that state for
immediate consumption, excluding bananas provisionally preserved falling within
subheading ex 0812 90 95’

Fruit juices (excluding grape juice and grape must of subheading 2009 60 and banana
juice of subheading 2009 80) and vegetable juices, unfermented and not containing
added spirit, whether or not containing added sugar or other sweetening matter’

Fruit
juices (excluding grape juice and grape must of subheadings 2009 61 and
2009 69 and banana juice of subheading 2009 80) and vegetable juices, unfermented
and not containing added spirit, whether or not containing added sugar or other
sweetening matter’

Article 2

In Article 1 of Regulation (EC) No 1799/2001:

‘— lemons falling within CN code 0805 30 10’

is replaced by:

‘— lemons (Citrus limon, Citrus limonum) falling within CN code 0805 50 10.’

Article 1 of Regulation (EC) No 2125/95 is replaced by the following:

‘Article 1

Article 3

1.
Tariff quotas for preserved mushrooms of the genus Agaricus falling within CN codes 0711 51 00,
2003 10 20 and 2003 10 30, shown in Annex I, shall be opened subject to the conditions laid down in
this Regulation.

2.
The rate of duty applicable shall be 12 % ad valorem in the case of products falling within CN code
0711 51 00 (Serial No 09.4062) and 23 % in the case of products falling within CN codes 2003 10 20
and 2003 10 30 (Serial No 09.4063). However, a single rate of 8,4 % shall apply in the case of the
above products originating in Bulgaria (Serial No 09.4725) or Romania (Serial No 09.4726).’

The Annex to Regulation (EC) No 3223/94 is replaced by the following:

‘ANNEX

Article 4

Without prejudice to the rules for the interpretation of the Combined Nomenclature, the description of
the products is deemed to be indicative only. The scope of the arrangements provided for in this
Regulation is, for the purposes of this Annex, determined by the scope of the CN codes as they exist at
the time of the adoption of the latest amendment 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 that of the
description of the products, and the corresponding period of application.

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Official Journal of the European Communities

L 72/11

PART A

CN codes

Description

Period of application

ex 0702 00 00

Tomatoes

From 1 January to 31 Dercember

ex 0707 00 05

Cucumbers (1)

From 1 January to 31 Dercember

ex 0709 10 00

Artichokes

From 1 November to 30 June

0709 90 70

Courgettes

From 1 January to 31 Dercember

ex 0805 10 10
ex 0805 10 30
ex 0805 10 50

Sweet oranges, fresh

From 1 December to 31 May

ex 0805 20 10

Clementines

From 1 November to end of February

ex 0805 20 30
ex 0805 20 50
ex 0805 20 70
ex 0805 20 90

and
Mandarins
satsumas); wilking and similar citrus hybrids

tangerines

(including

From 1 November to end of February

ex 0805 50 10

Lemons (Citrus limon, Citrus limonum)

From 1 June to 31 May

ex 0806 10 10

Table grapes

From 21 July to 20 November

ex 0808 10 20
ex 0808 10 50
ex 0808 10 90

Apples

From 1 July to 30 June

ex 0808 20 50

Pears

From 1 July to 30 April

ex 0809 10 00

Apricots

From 1 June to 31 July

ex 0809 20 95

Cherries, other than sour cherries

From 21 May to 10 August

ex 0809 30 10
ex 0809 30 90

Peaches,

including nectarines

From 11 June to 30 September

ex 0809 40 05

Plums

From 11 June to 30 September

(1) Other than cucumbers referred to in Part B of this Annex.

PART B

CN codes

Description

Period of application

ex 0707 00 05

Cucumbers intended for processing

From 1 May to 31 October

ex 0809 20 05

Sour cherries (Prunus cerasus)

From 21 May to 10 August’

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

It shall apply from 1 January 2002.

Article 5

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

Done at Brussels, 13 March 2002.

For the Commission

Franz FISCHLER

Member of the Commission