
Article 1 
Regulation (EC) No 747/2001 is amended as follows:

((1)) Article 3a is replaced by the following:
'
Article 3a 

1. For tomatoes of CN code 0702 00 00 placed into free circulation in every period from 1 October to 31 May (hereinafter “marketing year”), drawings on the monthly tariff quotas laid down in Annex II under order number 09.1104 from 1 October to 31 December and from 1 January to 31 March respectively, shall be stopped each year on 15 January and on the second working day in the Commission following 1 April. On the following working day in the Commission, the Commission services will determine the unused balance of each of these tariff quotas and will make available that unused balance within the additional tariff quota applicable for that marketing year under the order number 09.1112.From the dates on which the monthly tariff quotas are stopped, any retroactive drawings from any of the stopped monthly tariff quotas applicable during the months of November, December and January to March, and any returns of unused volumes to any of the stopped monthly tariff quotas shall be made on the additional tariff quota applicable under the order number 09.1112 for that marketing year. Detailed provisions for the management of the tariff quota under order number 09.1112 are included under paragraph 2.
2. The monthly use of the additional tariff quota laid down in Annex II under order number 09.1112 for the period from 1 November to 31 May for tomatoes of CN code 0702 00 00 originating in Morocco placed into free circulation in the European Union shall be limited to 30 % of its initial volume of 28 000 tonnes net weight.The tariff quota under order number 09.1112 shall be managed as a parent tariff quota with seven monthly sub-tariff quotas applicable under the order number 09.1193.The benefit from this tariff concession can be granted only by declaring the order number 09.1193.';
((2)) Annex II is replaced by the text set out in the Annex to this Regulation.
Article 2 
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 October 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 12 September 2012.
For the Commission
The President
José Manuel BARROSO
ANNEX


‘ANNEX II 
Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of the CN codes as they exist in accordance with Commission Implementing Regulation (EU) No 1006/2011(OJ L 282, 28.10.2011, p. 1). 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 sub-division Description of goods Quota period Quota volume (in tonnes net weight) Quota duty
09.1104 0702 00 00  Tomatoes, fresh or chilled From 1.10 to 31.10.2012 13 350 Exemption
From 1.10 to 31.10.2013 13 800
From 1.10 to 31.10.2014 14 250
From 1.10 to 31.10.2015 and for each period thereafter from 1.10 to 31.10 14 700
09.1104 0702 00 00  Tomatoes, fresh or chilled From 1.11 to 30.11.2012 34 900 Exemption
From 1.11 to 30.11.2013 36 100
From 1.11 to 30.11.2014 37 300
From 1.11 to 30.11.2015 and for each period thereafter from 1.11 to 30.11 38 500
09.1104 0702 00 00  Tomatoes, fresh or chilled From 1.12 to 31.12.2012 39 450 Exemption
From 1.12 to 31.12.2013 40 800
From 1.12 to 31.12.2014 42 150
From 1.12 to 31.12.2015 and for each period thereafter from 1.12 to 31.12 43 500
09.1104 0702 00 00  Tomatoes, fresh or chilled From 1.1 to 31.1.2013 39 450 Exemption
From 1.1 to 31.1.2014 40 800
From 1.1 to 31.1.2015 42 150
From 1.1 to 31.1.2016 and for each period thereafter from 1.1 to 31.1 43 500
09.1104 0702 00 00  Tomatoes, fresh or chilled From 1.2 to 28.2.2013 39 450 Exemption
From 1.2 to 28.2.2014 40 800
From 1.2 to 28.2.2015 42 150
From 1.2 to 29.2.2016 and for each period thereafter from 1.2 to 28/29.2 43 500
09.1104 0702 00 00  Tomatoes, fresh or chilled From 1.3 to 31.3.2013 39 450 Exemption
From 1.3 to 31.3.2014 40 800
From 1.3 to 31.3.2015 42 150
From 1.3 to 31.3.2016 and for each period thereafter from 1.3 to 31.3 43 500
09.1104 0702 00 00  Tomatoes, fresh or chilled From 1.4 to 30.4.2013 20 700 Exemption
From 1.4 to 30.4.2014 21 400
From 1.4 to 30.4.2015 22 100
From 1.4 to 30.4.2016 and for each period thereafter from 1.4 to 30.4 22 800
09.1104 0702 00 00  Tomatoes, fresh or chilled From 1.5 to 31.5.2013 6 250 Exemption
From 1.5 to 31.5.2014 6 500
From 1.5 to 31.5.2015 6 750
From 1.5 to 31.5.2016 and for each period thereafter from 1.5 to 31.5 7 000
09.1112 0702 00 00  Tomatoes, fresh or chilled From 1.11.2012 to 31.5.2013 and for each period thereafter from 1.11 to 31.5 28 000 Exemption
09.1100 0703 20 00  Garlic, fresh or chilled From 1.10 to 31.12.2012 375 Exemption
From 1.1 to 31.12.2013 and for each year thereafter 1 500
09.1137 0707 00 05  Cucumbers, fresh or chilled From 1.11.2012 to 31.5.2013 15 000 Exemption
From 1.11.2013 to 31.5.2014 15 450
From 1.11.2014 to 31.5.2015 15 900
From 1.11.2015 to 31.5.2016 16 350
From 1.11.2016 to 31.5.2017 and for each period thereafter from 1.11 to 31.5 16 800
09.1133 0709 93 10  Courgettes, fresh or chilled From 1.10.2012 to 20.4.2013 50 000 Exemption
From 1.10.2013 to 20.4.2014 51 500
From 1.10.2014 to 20.4.2015 53 000
From 1.10.2015 to 20.4.2016 54 500
From 1.10.2016 to 20.4.2017 and for each period thereafter from 1.10 to 20.4 56 000
09.1130 ex 0805 20 10 05 Clementines, fresh From 1.11.2012 to 28.2.2013 and for each period thereafter from 1.11 to 28/29.2 175 000 Exemption
09.1118 0810 10 00  Strawberries, fresh From 1.4 to 30.4.2013 and for each period thereafter from 1.4 to 30.4 3 600 Exemption
09.1101 0810 10 00  Strawberries, fresh From 1.5 to 31.5.2013 and for each period thereafter from 1.5 to 31.5 1 000 6,4 MIN 1,2 EUR/100 kg/net
09.1103 1702 50 00  Chemically pure fructose From 1.10 to 31.12.2012 150 Exemption
From 1.1 to 31.12.2013 and for each year thereafter 600






