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 1234/2007(1), and in particular point (b) of the first paragraph of Article 183 thereof,
Whereas:
(1) Article 39 of Commission Implementing Regulation (EU) 2017/892(2) provides that 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 that Implementing Regulation. That additional import duty has to 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 of imports in a year for that product. Additional import duties shall not be imposed where the imports are unlikely to disturb the Union market, or where the effects would be disproportionate to the intended objective.
(2) In accordance with the second subparagraph of Article 182(1) of Regulation (EU) No 1308/2013 the trigger volumes of imports for the possible application of additional import duties on certain fruit and vegetables are based on import data and domestic consumption data for the previous three years. On the basis of the data notified by the Member States for the years 2017, 2018 and 2019, the trigger volumes for certain fruit and vegetables should be fixed for the years 2021 and 2022.
(3) Taking into account that the period of application of possible additional import duties as set out in Annex VII to Implementing Regulation (EU) 2017/892 starts for a number of products on 1 January, this Regulation should apply from 1 January 2021,
HAS ADOPTED THIS REGULATION:
For the years 2021 and 2022, the trigger volumes referred to in point (b) of the first subparagraph of Article 182(1) of Regulation (EU) No 1308/2013 for the products listed in Annex VII to Implementing Regulation (EU) 2017/892 are set out in the Annex to this Regulation.
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 January 2021.
It shall expire on 30 June 2022.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 November 2020.
For the Commission
The President
Ursula von der Leyen
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 import duties is determined by the scope of the CN codes as they stand at the time of adoption of this Regulation.
| Order number | CN code | Description of products | Period of application | Trigger volume (tonnes) | |
|---|---|---|---|---|---|
| 2021 | 2022 | ||||
| 78.0020 | 0702 00 00 | Tomatoes | From 1 June to 30 September | 59 963 | |
| 78.0015 | From 1 October | to 31 May | 580 556 | ||
| 78.0065 | 0707 00 05 | Cucumbers | From 1 May to 31 October | 101 375 | |
| 78.0075 | From 1 November | to 30 April | 44 042 | ||
| 78.0085 | 0709 91 00 | Artichokes | From 1 November | to 30 June | 11 740 |
| 78.0100 | 0709 93 10 | Courgettes | From 1 January to 31 December | 110 966 | |
| 78.0110 | 0805 10 22 0805 10 24 0805 10 28 | Oranges | From 1 December | to 31 May | 421 265 |
| 78.0120 | 0805 22 00 | Clementines | From 1 November | to end of February | 83 002 |
| 78.0130 | 0805 21 0805 29 00 | Mandarins (including tangerines and satsumas); wilkings and similar citrus hybrids | From 1 November | to end of February | 178 921 |
| 78.0160 | 0805 50 10 | Lemons | From 1 January to 31 May | 147 143 | |
| 78.0155 | From 1 June to 31 December | 332 890 | |||
| 78.0170 | 0806 10 10 | Table grapes | From 16 July to 16 November | 72 065 | |
| 78.0175 | 0808 10 80 | Apples | From 1 January to 31 August | 1 021 853 | |
| 78.0180 | From 1 September to 31 December | 44 819 | |||
| 78.0220 | 0808 30 90 | Pears | From 1 January to 30 April | 136 876 | |
| 78.0235 | From 1 July to 31 December | 19 527 | |||
| 78.0250 | 0809 10 00 | Apricots | From 1 June to 31 July | 54 488 | |
| 78.0265 | 0809 29 00 | Cherries other than sour | From 16 May to 15 August | 34 052 | |
| 78.0270 | 0809 30 | Peaches, including nectarines | From 16 June to 30 September | 204 899 | |
| 78.0280 | 0809 40 05 | Plums | From 16 June to 30 September | 32 563 | |
Commission Implementing Regulation (EU) 2017/892 of 13 March 2017 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors (OJ L 138, 25.5.2017, p. 57).