COMMISSION REGULATION

(EC) No 1126/2009

of 23 November 2009

opening and providing for the management of Community tariff quotas for certain agricultural products originating in Switzerland, and repealing Commission Regulation (EC) No 933/2002

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Decision 2002/309/EC, Euratom of the Council and of the Commission as regards the Agreement on Scientific and Technological Cooperation of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation(1), and in particular Article 5(3) first indent and Article 5(4) thereof,

Whereas:

(1) By Decision No 2/2008 of the Joint Committee on Agriculture set up by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products of 24 June 2008 concerning the adaptation of Annexes 1 and 2(2), Annexes 1 and 2 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (hereinafter ‘the Agreement’) have been replaced.

(2) Annex 2 to the Agreement, as amended, sets out the tariff concessions granted by the Community for imports of agricultural products originating in Switzerland. Certain of those tariff concessions apply within tariff quotas managed in accordance with Articles 308a, 308b and 308c of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Regulation (EEC) No 2913/92 establishing the Community Customs Code(3).

(3) For reasons of clarity, it is appropriate to lay down the provisions implementing those tariff quotas for agricultural products in one single legislative act which replaces Commission Regulation (EC) No 933/2002(4). In accordance with the Agreement the tariff quotas should be opened for the period from 1 January to 31 December.

(4) Since Decision No 2/2008 of the Joint Committee on Agriculture enters into force on 1 January 2010, this Regulation should apply from the same date.

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

HAS ADOPTED THIS REGULATION:

Article 1

The tariff quotas for the products originating in Switzerland listed in the Annex shall be opened annually, and at the rates of customs duty indicated in that Annex.

Article 2

The tariff quotas referred to in Article 1 shall be managed by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.

Article 3

Regulation (EC) No 933/2002 is repealed.

Article 4

This Regulation shall enter into force on the third day following its publication in the

Official Journal of the European Union

It shall apply from 1 January 2010.

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

Done at Brussels, 23 November 2009.

For the Commission

László

KOVÁCS

Member of the Commission

(1)

OJ L 114, 30.4.2002, p. 1

(2)

OJ L 228, 27.8.2008, p. 3

(3)

OJ L 253, 11.10.1993, p. 11

(4)

OJ L 144, 1.6.2002, p. 22

ANNEX

Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products is only indicative. The preferential scheme in this Annex relates to the CN codes as they exist at the time of adoption of this Regulation. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken together.

Order No	CN code	TARIC subdivision	Description of goods	Quota period	Quota volume (in tonnes net weight)	Quota duty
09.0919	ex 0210 19 50	10	Hams of domestic swine, in brine, boneless, enclosed in a bladder or in an artificial gut	1.1 to 31.12	1 900	free
	ex 0210 19 81	10	Meat of domestic swine, boneless, from chop, smoked
	ex 1601 00 10	10	Sausages and similar products, of meat, meat offal or blood; food preparations based on these products, of animals of headings 0101 to 0104, excluding wild boars
	ex 1601 00 91	10
	ex 1601 00 99	10
	ex 0210 19 81	20	Pork neck, dried in air, seasoned or not, whole, in pieces or thinly sliced
	ex 1602 49 19	10
09.0921	0701 10 00		Seed potatoes, fresh or chilled	1.1 to 31.12	4 000	free
09.0922	0702 00 00		Tomatoes, fresh or chilled	1.1 to 31.12	1 000	free(1)
09.0923	0703 10 19 0703 90		Onions other than sets; leeks and other alliaceous vegetables, fresh or chilled	1.1 to 31.12	5 000	free
09.0924	0704 10 00 0704 90		Cabbages, cauliflowers, kohlrabi, kale and other similar edible brassicas with the exception of Brussels spouts, fresh or chilled	1.1 to 31.12	5 500	free
09.0925	0705		Lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled	1.1 to 31.12	3 000	free
09.0926	0706 10 00		Carrots and turnips, fresh or chilled	1.1 to 31.12	5 000	free
09.0927	0706 90 10 0706 90 90		Salad beetroot, salsify, celeriac, radishes and similar edible roots, with the exception of horse-radish (Cochlearia armoracia), fresh or chilled	1.1 to 31.12	3 000	free
09.0928	0707 00 05		Cucumbers, fresh or chilled	1.1 to 31.12	1 000	free(1)
09.0929	0708 20 00		Beans (Vigna spp., Phaseolus spp.), fresh or chilled	1.1 to 31.12	1 000	free
09.0930	0709 30 00		Aubergines (eggplants), fresh or chilled	1.1 to 31.12	500	free
09.0931	0709 40 00		Celery other than celeriac, fresh or chilled	1.1 to 31.12	500	free
09.0932	0709 70 00		Spinach, New Zealand spinach and orache spinach (garden spinach), fresh or chilled	1.1 to 31.12	1 000	free
09.0933	0709 90 10		Salad vegetables, other than lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled	1.1 to 31.12	1 000	free
09.0950	0709 90 20		Chard (or white beet) and cardoons, fresh or chilled	1.1 to 31.12	300	free
09.0934	0709 90 50		Fennel, fresh or chilled	1.1 to 31.12	1 000	free
09.0935	0709 90 70		Courgettes, fresh or chilled	1.1 to 31.12	1 000	free(1)
09.0936	0709 90 90		Other vegetables, fresh or chilled	1.1 to 31.12	1 000	free
09.0945	0710 10 00		Potatoes, uncooked or cooked by steaming or boiling in water, frozen	1.1 to 31.12	3 000	free
	2004 10 10 2004 10 99		Potatoes, prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006, with the exception of flour, meal or flakes
	2005 20 80		Potatoes, prepared or otherwise preserved than by vinegar or acetic acid, not frozen, other than products of heading 2006, with the exception of flour, meal or flakes and preparations that are thinly sliced, fried or baked, whether or not salted or flavoured, in airtight packings, suitable for immediate consumption
09.0937	ex 0808 10 80	90	Apples, other than cider apples, fresh	1.1 to 31.12	3 000	free(1)
09.0938	0808 20		Pears and quinces, fresh	1.1 to 31.12	3 000	free(1)
09.0939	0809 10 00		Apricots, fresh	1.1 to 31.12	500	free(1)
09.0940	0809 20 95		Cherries, other than sour cherries (Prunus cerasus), fresh	1.1 to 31.12	1 500	free(1)
09.0941	0809 40		Plums and sloes, fresh	1.1 to 31.12	1 000	free(1)
09.0948	0810 10 00		Strawberries, fresh	1.1 to 31.12	200	free
09.0942	0810 20 10		Raspberries, fresh	1.1 to 31.12	100	free
09.0943	0810 20 90		Blackberries, mulberries and loganberries, fresh	1.1 to 31.12	100	free
09.0946	ex 0811 90 19	12	Cherries, uncooked or cooked by steaming or boiling in water, frozen, containing added sugar or other sweetening matter	1.1 to 31.12	500	free
	ex 0811 90 39	12
	0811 90 80		Cherries, other than sour cherries (Prunus cerasus), uncooked or cooked by steaming or boiling in water, frozen, not containing added sugar or other sweetening matter
	2008 60		Cherries, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included
09.0944	1106 30 10		Flour, meal and powder of bananas	1.1 to 31.12	5	free

(1) The reduction of duty within this tariff quota is limited to the

ad valorem

element. Entry prices and their specific duties remain applicable.