Contents
THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007note, and in particular Article 174(1), first subparagraph, point (d), Article 181(3) and Article 182(1) and (4) thereof,Whereas:
(1)Commission Implementing Regulation (EU) 2017/892note lays down rules for the application of Regulation (EU) No 1308/2013 as regards the fruit and vegetables and processed fruit and vegetables sectors, including rules on the submission of aid applications and on the approval of operational programmes. Regulation (EU) 2021/2115 of the European Parliament and of the Councilnote laid down new rules for the operational programmes of producer organisations. It is therefore necessary to remove from Implementing Regulation (EU) 2017/892 the remaining provisions related to the management of such operational programmes.
(2)With a view to simplification and the reduction of administrative burden, the fixing of the standard import values should be done on a weekly basis. The standard import value should be calculated based on the notification by Member States of quotations recorded on representative import markets.
(3)For the effective application of the additional import duties referred to in Article 182(1) of Regulation (EU) No 1308/2013, it is necessary to simplify certain implementing provisions and to align them with the EU Tariff Schedule of the WTO Agreement on Agriculture.
(4)As additional import duties may apply for certain products during determined periods, it is necessary to reflect those periods as set in the EU Tariff Schedule of the WTO Agreement on Agriculture. Furthermore, the Combined Nomenclature codes of products should also be updated, due to changes in the classifications.
(5)Implementing Regulation (EU) 2017/892 should therefore be amended accordingly.
(6)The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,
HAS ADOPTED THIS REGULATION:
Article 1#
Implementing Regulation (EU) 2017/892 is amended as follows:
(1)Article 23 is replaced by the following:‘Article 23Requests for recognitionWithout prejudice to Article 24, Member States shall provide for procedures for requests for the recognition of producer organisations and associations of producer organisations.’;
(2)in Article 38, paragraph 1 is replaced by the following:‘1.For each product and within the periods of application set out in Part A of Annex VII to Delegated Regulation (EU) 2017/891, the Commission shall fix each Tuesday a standard import value for each origin.The standard import value shall be equal to the weighted average representative price referred to in Article 74 of Delegated Regulation (EU) 2017/891 notified by the Member States, less a standard amount of EUR 5/100 kg and the ad valorem customs duties.Within the periods of application set out in Part A of Annex VII to Delegated Regulation (EU) 2017/891, the standard import values shall be valid from the day following that of their publication until the successive standard import values have been fixed. Where Tuesday falls on a Commission public holiday, the standard import values shall be fixed on the next working day.’;
(3)Article 39 is amended as follows:
(a)paragraph 1 is replaced by the following:‘1.An additional import duty as referred to in Article 182(1) of Regulation (EU) No 1308/2013 may be applied to the products and during the periods listed in Annex VII to this Regulation. That additional import duty shall apply if the quantity of any of the products put into free circulation for any of the periods of application set out in that Annex exceeds the trigger volume for that product for the relevant period.’;
(b)in the introductory phrase of paragraph 3, the word ‘after’ is replaced by the expression ‘as from’;
(4)Article 40 is replaced by the following:‘Article 40Amount of additional import dutyThe additional import duty applied in accordance with Article 39 shall be equivalent to one third of the erga omnes customs duty specified in the Common Customs Tariff for the product in question.’;
(5)in Article 41, paragraph 1 is amended as follows:
(a)point (a) is replaced by the following:
(a)goods imported under a non-preferential tariff quota;’;
(b)the following point is added:7
(c)goods imported under the scheme of generalised tariff preferences pursuant to Regulation (EU) No 978/2012 of the European Parliament and of the Councilnote.
note
(6)Annex VII is replaced by the text in the Annex to this Regulation.
Article 2#
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
VII · Products and periods for the application of additional import duties referred to in Article 39
Without prejudice to the rules on the interpretation of the Combined Nomenclature, the description of the products is deemed to be indicative only. For the purposes of this Annex, the scope of the additional duties is determined by the scope of the CN codes.
| Order number | CN code | Description of products | Period of application |
|---|---|---|---|
| 78.0015 | 07020010,07020091,07020099 | Whole tomatoes, with greatest diameter of less than 47 mm,Other tomatoes in trusses,Other tomatoes | From 1 October to 31 May |
| 78.0020 | From 1 June to 30 September | ||
| 78.0065 | 07070005 | Cucumbers | From 1 May to 31 October |
| 78.0075 | From 1 November to 30 April | ||
| 78.0085 | 07099100 | Globe artichokes | From 1 November to 30 June |
| 78.0100 | 07099310 | Courgettes | From 1 January to 31 December |
| 78.0110 | 08051022,08051024,08051028 | Navel oranges,White oranges,Other sweet oranges | From 1 December to 31 May |
| 78.0120 | 08052200 | Clementines | From 1 November to end of February |
| 78.0130 | 08052110,08052190,08052900 | Satsumas,Mandarins and tangerines,Wilkings and similar citrus hybrids, other than tangerines, satsumas and clementines | From 1 November to end of February |
| 78.0155 | 08055010 | Lemons (Citrus limon, Citrus limonum) | From 1 June to 31 December |
| 78.0160 | From 1 January to 31 May | ||
| 78.0170 | 08061010 | Table grapes | From 21 July to 20 November |
| 78.0175 | 08081080 | Apples | From 1 January to 31 August |
| 78.0180 | From 1 September to 31 December | ||
| 78.0220 | 08083090 | Pears | From 1 January to 30 April |
| 78.0235 | From 1 July to 31 December | ||
| 78.0250 | 08091000 | Apricots | From 1 June to 31 July |
| 78.0265 | 08092900 | Cherries, other than sour | From 21 May to 10 August |
| 78.0270 | 08093020,08093030,08093080 | Flat peaches (Prunus persica var. platycarpa) and flat nectarines(Prunus persica var. platerina),Nectarines,Other peaches | From 11 June to 30 September |
| 78.0280 | 08094005 | Plums | From 11 June to 30 September |
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