Commission Regulation (EC) No 1242/2006 of 17 August 2006 amending Regulation (EC) No 1555/96 on rules of application for additional import duties on fruit and vegetables
1242/2006 • 32006R1242
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18.8.2006
EN
Official Journal of the European Union
L 226/7
COMMISSION REGULATION (EC) No 1242/2006
of 17 August 2006
amending Regulation (EC) No 1555/96 on rules of application for additional import duties on fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables (1), and in particular Article 33(1) thereof,
Whereas:
(1)
Article 33(1) Regulation (EC) No 2200/96 clearly sets out the conditions to be fulfilled in order for the Commission to impose additional import duties. For clarity and legal certainty, the same wording should also be used in Article 3(1) of Commission Regulation (EC) No 1555/96 of 30 July 1996 on rules of application for additional import duties on fruit and vegetables (2).
(2)
Regulation (EC) No 1555/96 provides for surveillance of imports of the products listed in the Annex 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).
(3)
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 2003, 2004 and 2005, the trigger levels for additional duties on apples should be adjusted.
(4)
Regulation (EC) No 1555/96 should therefore be amended accordingly.
(5)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
Article 3(1) of Regulation (EC) No 1555/96 is replaced by the following:
‘1. If it is found that, for one of the products and one of the periods listed in the Annex hereto, the quantity put into free circulation exceeds the corresponding triggering volume the Commission shall levy an additional duty unless the imports are unlikely to disturb the Community market, or the effects would be disproportionate to the intended objective.’
Article 2
The Annex to Regulation (EC) No 1555/96 is replaced by the Annex hereto.
Article 3
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 1 September 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 August 2006.
For the Commission
Mariann FISCHER BOEL
Member of the Commission
(1) OJ L 297, 21.11.1996, p. 1. Regulation as last amended by Commission Regulation (EC) No 47/2003 (OJ L 7, 11.1.2003, p. 64).
(2) OJ L 193, 3.8.1996, p. 1. Regulation as last amended by Regulation (EC) No 808/2006 (OJ L 147, 31.5.2006, p. 9).
(3) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 402/2006 (OJ L 70, 9.3.2006, p. 35).
(4) OJ L 336, 23.12.1994, p. 22.
ANNEX
‘ANNEX
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.
Order No
CN code
Description
Trigger period
Trigger level
(tonnes)
78.0015
0702 00 00
Tomatoes
—
1 October to 31 May
260 534
78.0020
—
1 June to 30 September
18 280
78.0065
0707 00 05
Cucumbers
—
1 May to 31 October
9 278
78.0075
—
1 November to 30 April
11 060
78.0085
0709 10 00
Artichokes
—
1 November to 30 June
90 600
78.0100
0709 90 70
Courgettes
—
1 January to 31 December
68 401
78.0110
0805 10 20
Oranges
—
1 December to 31 May
271 073
78.0120
0805 20 10
Clementines
—
1 November to end of February
150 169
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
94 492
78.0155
0805 50 10
Lemons
—
1 June to 31 December
301 899
78.0160
—
1 January to 31 May
34 287
78.0170
0806 10 10
Table grapes
—
21 July to 20 November
189 604
78.0175
0808 10 80
Apples
—
1 January to 31 August
922 228
78.0180
—
1 September to 31 December
51 920
78.0220
0808 20 50
Pears
—
1 January to 30 April
263 711
78.0235
—
1 July to 31 December
33 052
78.0250
0809 10 00
Apricots
—
1 June to 31 July
4 569
78.0265
0809 20 95
Cherries, other than sour cherries
—
21 May to 10 August
46 088
78.0270
0809 30
Peaches, including nectarines
—
11 June to 30 September
17 411
78.0280
0809 40 05
Plums
—
11 June to 30 September
11 155’