Commission Regulation (EC) No 821/2008 of 18 August 2008 amending Council Regulation (EC) No 1362/2000 as regards the opening of a Community tariff quota for bananas originating in Mexico
Date: 2008-08-18
Institutions: European Commission
Subjects: Mexico, customs duties, originating product, tariff quota, tropical fruit

19.8.2008

EN

Official Journal of the European Union

L 221/23

COMMISSION REGULATION (EC) No 821/2008

of 18 August 2008

amending Council Regulation (EC) No 1362/2000 as regards the opening of a Community tariff
quota for bananas originating in Mexico

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

(4)

the tariff-only regime by Council Regulation (EC) No
1964/2005 of 29 November 2005 on the tariff rates
for bananas (5).

In accordance with Decision No 2/2008 the new tariff
quota should be open from 1 January to 31 December of
each calendar year. This quota should apply for the first
time from the third day after the publication of Decision
No 2/2008 in the Official Journal of the European Union.
This Regulation should therefore apply from the same
date and enter into force immediately.

(5)

The measures provided for in this Regulation are in
the Customs Code
accordance with the opinion of
Committee,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1362/2000 is amended as follows:

1. Article 2 is amended as follows:

(a) paragraph 5b. is replaced by the following:

‘5b.
The customs duty applicable to products of CN
code 0803 00 19 within the tariff quota at order No
09.1834 in the Annex shall be EUR 70/tonne.’;

(b) paragraph 6 is replaced by the following:

‘6. With the exception of the tariff quotas at order No
09.1834, No 09.1854, No 09.1873 and No 09.1899,
the tariff quotas mentioned in the Annex to this Regu­
lation shall be opened each year for a 12-month period
from 1 July to 30 June. These quotas shall be opened for
the first time on 1 July 2000.

The tariff quota at order No 09.1834 shall be opened
from 1 January to 31 December of each calendar year.
For the year 2008, this quota shall apply from 29 July
2008.

(5) OJ L 316, 2.12.2005, p. 1. Regulation as amended by Regulation

(EC) No 1528/2007 (OJ L 348, 31.12.2007, p. 1).

Having regard to Council Regulation (EC) No 1362/2000 of
29 June 2000 implementing for the Community the tariff
provisions of Decision No 2/2000 of the Joint Council under
the Interim Agreement on Trade and Trade-related matters
between the European Community and the United Mexican
States (1), and in particular Article 4 thereof,

Whereas:

(1)

(2)

(3)

to the

Protocol

To take account of the accession to the European Union
of Bulgaria and Romania on 1 January 2007, a Second
Partnership,
Additional
Political Coordination and Cooperation Agreement
between the European Community and its Member
States, of the one part, and the United Mexican States,
of the other part, was signed on 29 November 2006,
which entered into force on 1 March 2007.

Economic

Accordingly, certain provisions of Decision No 2/2000
of the EC-Mexico Joint Council of 23 March 2000 (2)
have been adjusted by Decision No 2/2008 of the EU-
Mexico Joint Council (3) amending Joint Council Decision
No 2/2000, relating to trade in goods, certification of
origin and government procurement. This Decision
provides for the opening of a new annual tariff quota
for bananas originating in Mexico.

In order to implement this tariff quota Regulation (EC)
No 1362/2000 should be adjusted. For that purpose it is
necessary to open a new tariff quota for bananas orig­
inating in Mexico and to close the tariff quota for
bananas opened in 2004 by Commission Regulation
(EC) No 1553/2004 (4) which ceased to apply from
1 January 2006 in consequence of the introduction of

(1) OJ L 157, 30.6.2000, p. 1. Regulation as

last amended by
Commission Regulation (EC) No 502/2005 (OJ L 83, 1.4.2005,
p. 12).

(2) OJ L 157, 30.6.2000, p. 10.
(3) OJ L 198, 26.7.2008, p. 55.
(4) OJ L 282, 1.9.2004, p. 3.

L 221/24

EN

Official Journal of the European Union

19.8.2008

The tariff quota at order No 09.1873 shall be opened
from 1 May 2004 to 31 December 2004 and from
1 January to 31 December of each calendar year
thereafter, for as long as the quota remains applicable.’

Article 2

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

2. The Annex is amended as set out in the Annex to this

Regulation.

It shall apply from 29 July 2008.

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

Done at Brussels, 18 August 2008.

For the Commission

Stavros DIMAS
Member of the Commission

ANNEX

The table in the Annex to Regulation (EC) No 1362/2000 is amended as follows:

1. Between the row with order number 09.1845 and the row with order number 09.1847, the following row is inserted:

Order No

CN code

Description

‘09.1834

0803 00 19

Bananas, fresh
(excluding plantains)

Annual tariff quota volume
(net weight, unless otherwise
specified)

Tariff quota duty
(% reduction)

2 000 tonnes

Fixed duty to be applied’

2. The row for the tariff quota with order number 09.1871 is deleted.