LegalizeCommission 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
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 ([^E0001]), as last amended by Regulation (EC) No 3290/94 ([^E0002]), 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 ([^E0003]) 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 ([^E0004]), as last amended by Regulation (EC) No 1239/2001 ([^E0005]);
- —Article 1 of Commission Regulation (EC) No 1799/2001 of 12 September 2001 laying down the marketing standard for citrus fruit ([^E0006]);
- —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 ([^E0007]), as last amended by Regulation (EC) No 2541/2001 ([^E0008]);
- —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 ([^E0009]), as last amended by Regulation (EC) No 807/2000 ([^E0010]).
- (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,
HAS ADOPTED THIS REGULATION:
Article 1
In the table in Article 1(2) of Regulation (EC) No 2201/96:
| ‘ex08 12 | 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 ex081290 95’ |
is replaced by:
| ‘ex08 12 | 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 ex081290 99’ |
and the text:
| ‘ex20 09 | 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’ |
is replaced by:
| ‘ex20 09 | 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 3
Article 1 of Regulation (EC) No 2125/95 is replaced by the following:
‘Article 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.
- 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).’
Article 4
The Annex to Regulation (EC) No 3223/94 is replaced by the following:
‘ANNEX
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.
PART A
| CN codes | Description | Period of application |
|---|---|---|
| ex070200 00 | Tomatoes | From 1 January to 31 Dercember |
| ex070700 05 | Cucumbers [^E0011] | From 1 January to 31 Dercember |
| ex070910 00 | Artichokes | From 1 November to 30 June |
| 0709 90 70 | Courgettes | From 1 January to 31 Dercember |
| ex080510 10 ex080510 30 ex080510 50 | Sweet oranges, fresh | From 1 December to 31 May |
| ex080520 10 | Clementines | From 1 November to end of February |
| ex080520 30 ex080520 50 ex080520 70 ex080520 90 | Mandarins (including tangerines and satsumas); wilking and similar citrus hybrids | From 1 November to end of February |
| ex080550 10 | Lemons (Citrus limon, Citrus limonum) | From 1 June to 31 May |
| ex080610 10 | Table grapes | From 21 July to 20 November |
| ex080810 20 ex080810 50 ex080810 90 | Apples | From 1 July to 30 June |
| ex080820 50 | Pears | From 1 July to 30 April |
| ex080910 00 | Apricots | From 1 June to 31 July |
| ex080920 95 | Cherries, other than sour cherries | From 21 May to 10 August |
| ex080930 10 ex080930 90 | Peaches, including nectarines | From 11 June to 30 September |
| ex080940 05 | Plums | From 11 June to 30 September |
[^E0011]: (1)Other than cucumbers referred to in Part B of this Annex.
PART B
| CN codes | Description | Period of application |
|---|---|---|
| ex070700 05 | Cucumbers intended for processing | From 1 May to 31 October |
| ex080920 05 | Sour cherries (Prunus cerasus) | From 21 May to 10 August’ |
Article 5
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.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
[^E0001]: OJ L 34, 9.2.1979, p. 2.
[^E0002]: OJ L 349, 31.12.1994, p. 105.
[^E0003]: OJ L 279, 23.10.2001, p. 1.
[^E0004]: OJ L 297, 21.11.1996, p. 29.
[^E0005]: OJ L 171, 26.6.2001, p. 1.
[^E0006]: OJ L 244, 14.9.2001, p. 12.
[^E0007]: OJ L 212, 7.9.1995, p. 16.
[^E0008]: OJ L 341, 22.12.2001, p. 80.
[^E0009]: OJ L 337, 24.12.1994, p. 66.
[^E0010]: OJ L 97, 19.4.2000, p. 6.
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