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"B COUNCIL REGULATION (EC) No 2201/96
of 28 October 1996
on the common organization of the markets in processed fruit and vegetable products
(OJ L 297, 21.11.1996, p. 29)
Amended by:
Official Journal
No page date
"M1 Council Regulation (EC) No 2199/97 of 30 October 1997 L 303 1 6.11.1997
"M2 Council Regulation (EC) No 2701/1999 of 14 December 1999 L 327 5 21.12.1999
"M3 Council Regulation (EC) No 2699/2000 of 4 December 2000 L 311 9 12.12.2000
"M4 Council Regulation (EC) No 1239/2001 of 19 June 2001 L 171 1 26.6.2001
Corrected by:
"C1 Corrigendum, OJ L 179, 8.7.1997, p. 10 (2201/96)
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).1996R2201 — EN — 29.06.2001 — 004.001 — 1
COUNCIL REGULATION (EC) No 2201/96
of 28 October 1996
on the common organization of the markets in processed fruit and
vegetable products
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles 42 and 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
(1) Whereas various changes are taking place in the fruit and
vegetable sector in general of which the Community must take
account by a reorientation of the basic rules of the market
organization of this sector; whereas as regards certain processed
products, account should also be taken of the international market
situation; whereas, in view of the numerous changes to which the
common organization of the market in fruit and vegetables has
been subject since its initial adoption, a new Regulation should,
for reasons of clarity, be adopted;
(2) Whereas certain processed products are of particular importance
in the Mediterranean regions of the Community where production
prices are noticeably higher than those in third countries; whereas
the production aid system based on the signing of contracts
guaranteeing regular supplies for the industry in return for the
payment of a minimum price to producers, as applied in the past,
has stood the test of time and should be continued; whereas,
however, like for fresh pr oducts, the role of producers’
organizations should be strengthened in order to guarantee greater
concentration of supply, to manage supply more rationally and
lastly, to facilitate monitoring of compliance with the minimum
price to producers;
(3) Whereas, because of the link which exists between the prices of
products intended for fresh consumption and of those intended for
processing, it should be enacted that the minimum price to the
producer must be determined taking account of market price
fluctuations in the fruit and vegetable sector and of the need to
maintain a proper balance between the various outlets for the fresh
product;
(4) Whereas the amount of aid must compensate for the difference
between the prices paid to producers in the Community and prices
paid in third countries; whereas, therefore, a basis of calculation
must be laid down which takes account of this difference and of
the impact of changes in the minimum price, without prejudice to
the application of certain technical elements;
(5) Whereas, because of the large availability of raw materials and the
elasticity of processing capacity, the granting of production aid
may in certain cases lead to a considerable expansion of
production; whereas, in order to avoid the disposal difficulties
which could result from this, limitations should be set on the
granting of aid, either in the form of a guarantee threshold or a
quota system, according to product;
(6) Whereas, in view of past experience with regard to tomato-based
processed products, a flexible system should be adopted, aimed at
increasing the dynamism of undertakings and the competitiveness!B
(1) OJ No C 52, 21. 2. 1996, p. 23.
(2) OJ No C 96, 1. 4. 1996, p. 276.
(3) OJ No C 82, 19. 3. 1996, p. 30.1996R2201 — EN — 29.06.2001 — 004.001 — 2
of Community industry; whereas the quotas per group of products
and Member State must be fixed on a flat-rate basis for the first
two years of implementation of the new system; whereas the
amount of aid for concentrates and their derivatives must be
lowered to offset the increased expenditure resulting from the
increase in quotas for tomato concentrate and the other products in
relation to the old system;
(7) Whereas the dried grape sector has some special features which
have led to the implementation of a specialized acreage aid
system; whereas this system, together with the guaranteed
maximum acreage system aimed at avoiding a disproportionate
extension of the growing of grapes for the production of dried
grapes, must be kept as in the past in the same Regulation;
(8) Whereas replanting schemes to combat phylloxera are continuing;
whereas, in order to avoid this operation ceasing while large areas
still remain to be replanted, the system of aid to producers who
replant their vineyards to combat phylloxera should be continued;
(9) Whereas, to facilitate the disposal of processed products and better
adapt their quality to market demands, the possibility of laying
down standards should be provided for;
(10) Whereas, for the dried grape and dried fig sectors, the carryover
storage system, limited to a certain quantity of dried grapes, must
be maintained without prejudice to certain adjustments; whereas
purchase price levels should be determined for these two products
taking account of the specific features of each of them;
(11) Whereas the possibility should be provided of implementing
specific measures in favour of certain sectors facing international
competition, where their production has major local or regional
importance; whereas such measures must include structural
improvements aimed at increasing competitiveness and promoting
the use of the products in question; whereas for a transitional
period provision should be made for aid in a lump sum for area on
which asparagus intended for processing is currently grown, given
the state of the sector;
(12) Whereas in Regulation (EC) No 3290/94 (1) the Council adopted
the adjustments and transitional arrangements required in the
agricultural sector in order to implement the agreements
concluded in the context of the Uruguay Round of multilateral
trade negotiations, in particular the new trading arrangements with
third countries in the processed fruit and vegetable products
sector; whereas the provisions of Annex XIV to Regulation (EC)
No 3290/94 should be inserted in this Regulation; whereas,
however, for the sake of simplicity, recourse should be had to the
Commission’ s exercise of its powers for the implementation of
certain technical provisions relating to possible sugar shortages;
(13) Whereas the granting of certain aid would compromise the
functioning of the single market; whereas, therefore, the
provisions of the Treaty whereby aid granted by Member States
may be examined and aid which is incompatible with the common
market may be prohibited should be extended to cover the sector
referred to in this Regulation;
(14) Whereas Council Regulation (EC) No 2200/96 of 28 October
1996 on the common organization of the market in fruit and
vegetables (2) should be applied to the processed fruit and
vegetable products sector in order to avoid duplication of
standards and monitoring bodies; whereas it is necessary also to
provide for sanctions to guarantee uniform application of the new
system throughout the Community;!B
(1) OJ No L 349, 31. 12. 1994, p. 105. Regulation as last amended by Regulation
(EC) No 1193/96 (OJ No L 161, 29. 6. 1996, p. 1).
(2) See page 1 of this Official Journal.1996R2201 — EN — 29.06.2001 — 004.001 — 3
(15) Whereas the common organization of the markets in processed
fruit and vegetable products must take proper and simultaneous
account of the objectives set out in Articles 39 and 110 of the
Treaty;
(16) Whereas, to facilitate the implementation of the provisions of this
Regulation, a procedure for close cooperation between the
Member States and the Commission by means of a management
committee should be set up,
HAS ADOPTED THIS REGULATION:
Article 1
1. This Regulation shall set up a common organization of the markets
in processed fruit and vegetables.
2. That common organization shall cover the following products:
CN code Description
(a) ex 0710 Vegetables (uncooked or cooked by steaming or boiling in
water) frozen, excluding sweet corn of subheading0710 40 00, olives of subheading 0710 80 10 and fruits
of the genus Capsicum or the genus Pimenta of subheading
0710 80 59
ex 0711 Vegetables provisionally preserved (for example, by
sulphur dioxide gas, in brine, in sulphur water or in other
preservative solutions), but unsuitable in that state forimmediate consumption, excluding olives of subheading0711 20, fruits of the genus Capsicum of of the genus
Pimenta of subheading 0711 90 10 and sweet corn of
subheading 0711 90 30
ex 0712 Dried vegetables, whole, cut, sliced, broken or in powder,
but not further prepared, excluding potatoes dehydrated by
artificial heat-drying and unfit for human consumptionfalling within subheading ex 0712 90 05, sweet cornfalling within the subheadings ex 0712 90 11 and
0712 90 19 and olives falling within subheading
ex 0712 90 90
0804 20 90 Dried figs
0806 20 Dried grapes
ex 0811 Fruit and nuts, uncooked or cooked by boiling or steaming
in water, frozen, not containing added sugar or other
sweetening matter, excluding frozen bananas falling withinsubheading ex 0811 90 95
ex 0812 Fruit and nuts, provisionally preserved (for example by
sulphur dioxide gas, in brine, in sulphur water or in otherpreservative solutions), but unsuitable in that state forimmediate consumption, excluding bananas provisionally
preserved falling within subheading ex 0812 90 95
ex 0813 Fruit, dried, other than that of heading Nos 0801 to 0806;
mixtures of nuts or dried fruits of this chapter excluding
mixtures exclusively of nuts of heading Nos 0801 and 0802
falling within subheadings 0813 50 31 and 0813 50 39
0814 00 00 Peel of citrus fruit or melons (including watermelons),
fresh, frozen, dried or provisionally preserved in brine, in
sulphur water or in other preservative solutions
0904 20 10 Dried sweet peppers, neither crushed nor ground
(b) ex 0811 Fruit and nuts, uncooked or cooked by steaming or boiling
in water, frozen, containing added sugar or other sweet-ening matter!
B1996R2201 — EN — 29.06.2001 — 004.001 — 4
CN code Description
ex 1302 20 Pectic substances and pectinates
ex 2001 Vegetables, fruit, nuts and other edible parts of plants,
prepared or preserved by vinegar or acetic acid, excluding:
— Fruit of the genus Capsicum other than sweet peppers
or pimentos of subheading 2001 90 20
— Sweet corn ( Zea mays var. saccharata ) of subheading
2001 90 30
— Y ams, sweet potatoes and similiar edible parts of
plants containing 5 % or more by weight of starch of
subheading 2001 90 40, and
— Palm hearts of subheading 2001 90 60
— Olives of subheading 2001 90 65
— Vine leaves, hop shoots and other similar edible parts
of plants falling within subheading ex 2001 90 96
2002 Tomatoes prepared or preserved otherwise than by vinegar
or acetic acid
2003 Mushrooms and truffles, prepared or preserved otherwise
than by vinegar or acetic acid
ex 2004 Other vegetables prepared or preserved otherwise than by
vinegar or acetic acid, frozen, other than the products of
No 2006, excluding sweet corn ( Zea mays var. saccharata )
of subheading ex 2004 90 10, olives of subheadingex 2004 90 30 and potatoes prepared or preserved in the
form of flour, meal or flakes of subheading 2004 10 91
ex 2005 Other vegetables prepared or preserved otherwise than by
vinegar or acetic acid, not frozen, other than the products
of No 2006, excluding olives of subheading 2005 70,
sweet corn ( Zea mays var. saccharata ) of subheading
2005 80 00 and fruit of the genus Capsicum other than
sweet peppers or pimentos of subheading 2005 90 10 and
potatoes prepared or preserved in the form of flour, meal or
flakes of subheading 2005 20 10
ex 2006 00 Fruit, nuts, fruit-peel and other parts of plants, preserved
by sugar (drained, glacé or crystallized), excluding
bananas preserved by sugar falling within headingsex 2006 00 38 and ex 2006 00 99
ex 2007 Jams, fruit jellies, marmalades, fruit or nut purée and fruit
or nut pastes, being cooked preparations, whether or notcontaining added sugar or other sweetening matter,excluding:
— Homogenized preparations of bananas of subheading
ex 2007 10
— Jams, jellies, marmalades, purée or pastes of bananas
of subheadings ex 2007 99 39, ex 2007 99 58 and
ex 2007 99 98
ex 2008 Fruit, nuts and other edible parts of plants, otherwise
prepared or preserved, whether or not containing added
sugar or other sweetening matter or spirit, not elsewhere
specified or included, excluding:
— Peanut butter of subheading 2008 11 10
— Palm hearts of subheading 2008 91 00
— Maize of subheading 2008 99 85— Y ams, sweet potatoes and similar edible parts of
plants, containing 5 % or more by weight of starch ofsubheading 2008 99 91, and
— Vine leaves, hop shoots, and other similar edible parts
of plants falling within subheading ex 2008 99 99!
B
!C1
!B1996R2201 — EN — 29.06.2001 — 004.001 — 5
CN code Description
— Mixtures of banana otherwise prepared or preserved
of subheadings ex 2008 92 59, ex 2008 92 78,
ex 2008 92 93 and ex 2008 92 98
— Bananas otherwise prepared or preserved of subhead-
ings ex 2008 99 49, ex 2008 99 68 and
ex 2008 99 99
ex 2009 Fruit juices (excluding grape juice and grape must of
subheading 2009 60and banana juice of subheading
2009 80) and vegetable juices, unfermented and notcontaining added spirit, whether or not containing addedsugar or other sweetening matter.
3. The marketing years for the products referred to in paragraph 2 shall
be fixed, if necessary, in accordance with the procedure laid down in
Article 29.
TITLE I
System of aid
Article 2
A Community aid scheme is hereby introduced to assist producer
organisations supplying tomatoes, peaches and pears harvested in the
Community for the production of the processed products listed in Annex
I.
The list of processed products appearing in Annex I may be revised on
the basis of changes in the market, in accordance with the procedure laid
down in Article 29.
Article 3
1. The scheme referred to in Article 2 shall be based on contracts
between, on the one hand, producer organisations recognised or
provisionally authorised under Regulation (EC) No 2200/96 and, on
the other, processors approved by the competent authorities in the
Member States.
However, in the course of the 2001/02 marketing year, contracts between
processors and individual producers shall also be eligible, for a quantity
not exceeding 25 % of the total quantity contracted for by any processor.
2. Contracts shall be concluded by a specific date, to be defined in
accordance with the procedure laid down in Article 29. In particular, they
shall specify the quantities they cover, the schedule of supply to the
processor and the price to be paid to the producer organisations, and shall
require the processor to process the products covered.
As soon as they have been signed, the contracts shall be forwarded to the
competent authorities in the Member States.
3. The producer organisations shall extend the benefit of the provisions
of this Article to operators not affiliated to any of the collective
structures provided for in Regulation (EC) No 2200/96, who undertake to
market through such structures all their output of tomatoes, peaches and
pears for processing and who pay a contribution towards the overall
management costs of this system borne by the organisation.!B
!M31996R2201 — EN — 29.06.2001 — 004.001 — 6
Article 4
1. Aid shall be granted to producer organisations for the quantities of
raw materials supplied for processing under the contracts referred to in
Article 3.
2. The amount of aid shall be:
EUR 34,50/tonne for tomatoes,
EUR 47,70/tonne for peaches,EUR 161,70/tonne for pears.
3. Without prejudice to the application of Article 5, aid shall be paid by
the Member States to the producer organisations on request, as soon as
the control authorities in the Member State in which processing is carried
out have established that the products covered by the contracts have been
supplied to the processing industry. The amount of aid received by the
producer organisation shall be paid to its members, and where Article
3(3) is applied, to the operators concerned.
Article 5
1. For each of the products referred to in Article 2, Community and
national processing thresholds shall be established as indicated in Annex
II.
2. Whenever a Community processing threshold is overrun, the aid
fixed for the product in question in accordance with Article 4(2) shall be
reduced in all the Member States in which the corresponding threshold
has been overrun.
For the purposes of applying the first subparagraph, threshold overruns
shall be calculated by comparing the threshold with the average quantity
processed with aid under this Regulation over the three marketing years
preceding that for which aid must be set.
However, to calculate the overrun of the thresholds fixed for each
Member State, any quantities still available below the threshold of a
Member State but not processed shall be allocated to the other Member
States, in proportion to their respective thresholds.
The reduction in aid shall be proportional to the volume of overrun
relative to the relevant threshold.
3. For tomatoes, and by way of derogation from the second
subparagraph of paragraph 2, the following arrangements shall apply
to the first three marketing years immediately following implementation
of this Regulation:
(a) for the first marketing year:
— overrun of the processing threshold shall be calculated on the
basis of the quantity supplied for processing with aid during the
year, and
— the aid fixed in Article 4(2) shall be reduced to EUR 31,36/tonne.
However, in the Member States where the threshold has not been
overrun, or where it has been overrun by less than 10 %, and in
all Member States concerned if the Community threshold has
not been overrun, a supplement shall be paid after the end of the
marketing year. The supplement shall be fixed on the basis of the
actual overrun of the threshold concerned;
(b) for the second marketing year, overrun of the processing threshold
shall be calculated on the basis of the quantity supplied for
processing with aid during the first year;
(c) for the third marketing year, overrun of the processing threshold
shall be calculated on the basis of the average quantity supplied for
processing with aid during the first and second years.!M31996R2201 — EN — 29.06.2001 — 004.001 — 7
4. Member States may divide the national threshold for tomatoes into
two sub-thresholds, namely tomatoes for processing into whole peeled
tomatoes and those for processing into other tomato products.
Member States which take up this option shall inform the Commission
thereof.
If the national threshold is overrun, the reduction in aid provided for in
paragraph 2 shall be applied to the aid for both sub-thresholds in
proportion to the recorded overrun of the sub-threshold concerned.
Article 6
1. Detailed rules for the application of Articles 2 to 5, and in particular
rules governing approval of processors, conclusion of processing
contracts, payment of aid, control measures and sanctions, marketing
years, minimum characteristics of the raw material supplied for
processing, minimum quality requirements for finished products and
the financial consequences of overrunning thresholds, shall be adopted in
accordance with the procedure laid down in Article 29.
2. Quality and quantity checks shall also be adopted in accordance with
that procedure to verify:
— that the products supplied to processors by producer organisations
meet requirements, and
— that the products supplied have actually been processed into products
listed in Annex I.
Article 6a
1. A production aid scheme shall be applied:
(a) to dried figs falling within CN code 0804 20 90,
(b) to prunes derived from dried ‘d’Ente’ plums falling within CN code
ex 0813 20 00,
obtained from fruit harvested in the Community.
2. Production aid shall be granted to processors who have paid
producers for their raw materials a price not less than the minimum price
under contracts between, on the one hand, producer organisations
recognised or provisionally authorised under Regulation (EC) No
2200/96 and, on the other, processors.
However, in the course of the 2001/02 marketing year, contracts between
processors and individual producers shall also be eligible, for a quantity
not exceeding 25 % of the quantity giving entitlement to production aid.
The producer organisations shall extend the benefit of the provisions of
this Article to operators not affiliated to any of the collective structures
provided for in Regulation (EC) No 2200/96, who undertake to market
through such structures all their output intended for the manufacture of
the products referred to in paragraph 1 and who pay a contribution
towards the overall management costs of this system borne by the
organisation.
Contracts must be signed before the start of the marketing year.
Article 6b
1. The minimum price to be paid to producers shall be calculated on the
basis of:
(a) the minimum price applying during the previous marketing year;
(b) the movement of market prices in the fruit and vegetables sector;(c) the need to ensure normal market disposal of basic fresh products for
the various uses, including supply to the processing industry.!M31996R2201 — EN — 29.06.2001 — 004.001 — 8
2. Minimum prices shall be fixed before the start of each marketing
year.
3. Minimum prices and detailed rules for the application of this Article
shall be adopted in accordance with the procedure laid down in Article
29.
Article 6c
1. The production aid may not exceed the difference between the
minimum price paid to the producer in the Community and the price of
the raw material in the main producing and exporting third countries.
2. The amount of production aid shall be so fixed as to enable the
Community product to be disposed of, within the limit set in paragraph
1.
To establish this amount, account shall be taken in particular:
(a) of the difference between the cost of the raw material in the
Community and that in the major competing third countries;
(b) of the amount of aid fixed for the previous marketing year,
and
(c) where Community output of a product accounts for a substantial
share of the market, movements in external trade volumes and in the
prices obtaining in such trade, where the latter criterion results in a
reduction in the amount of the aid.
3. The production aid shall be fixed in terms of the net weight of the
processed product. The coefficients expressing the relationship between
the weight of raw material used and the net weight of the processed
product shall be defined on a standardised basis. They shall be regularly
updated on the basis of experience.
4. Production aid shall be granted to processors only for processed
products which:
(a) have been produced from raw materials harvested in the Community,
for which the applicant has paid at least the minimum price referred
to in Article 6a(2);
(b) meet minimum quality requirements.
5. The price of the raw material in the main competing third countries
shall be determined mainly on the basis of the prices actually applying at
the farm-gate stage for fresh products of a comparable quality used for
processing, weighted on the basis of the quantities of finished products
exported by those third countries.
6. Where Community production accounts for at least 50 % of the
quantities of a product making up the Community consumption market,
movements in volumes and prices of imports and exports shall be
assessed by comparing the data for the calendar year preceding the start
of the marketing year with the data for the previous calendar year.
7. The Commission shall fix the amount of the production aid before
the start of each marketing year, in accordance with the procedure laid
down in Article 29. The coefficients referred to in paragraph 3, the
minimum quality requirements and the other detailed rules for the
application of this Article shall be adopted in accordance with the same
procedure.
Article 7
1. Aid shall be granted for the cultivation of grapes intended for the
production of dried grapes of the sultana and Moscatel varieties and
currants.
The amount of the aid shall be fixed per hectare of specialized area
harvested on the basis of the average yield per hectare of the area!M3
!B1996R2201 — EN — 29.06.2001 — 004.001 — 9
concerned. In addition, the amount of the aid shall be fixed to take
account of:
(a) the need to ensure that the areas traditionally used to grow the said
crops are maintained;
(b) the outlets available for these dried grapes.The amount of aid may be differentiated according to grape variety and
other factors which may affect yield.
2. A maximum guaranteed Community area is hereby introduced for
each marketing year equal to the average of the areas in the Community
used for the crops referred to in paragraph 1 in the marketing years
1987/1988, 1988/1989 and 1989/1990. If the specialized areas used for
the production of dried grapes exceed the maximum guaranteed
Community area, the amount of the aid shall be reduced for the
following marketing year according to the extent by which that area is
exceeded.
3. The aid shall be granted once the areas have been harvested and the
products have been dried for processing.
4. Producers who replant their vineyards to combat phylloxera and who
are not in receipt of aid provided for under structural measures against
that disease chargeable to the Guidance Section of the EAGGF shall be
entitled, during three marketing years, to aid of an amount determined in
the light of the amount of the aid referred to in paragraph 1 and of the
amount of aid granted under the said structural measures. In this case,
paragraph 3 shall not apply.
5. Before the beginning of each marketing year, the Commission shall
fix the amount of the aid in accordance with the procedure laid down in
Article 29. In accordance with the same procedure, it shall lay down the
detailed rules for the application of this Article and determine, as
necessary, the extent to which the maximum guaranteed area has been
exceeded and the consequent reduction in the amount of aid.
Article 8
Common standards may be introduced for the products listed in Article 7
(1) and those listed in Annex I, intended either for consumption in the
Community or for export to third countries, in accordance with the
procedure laid down in Article 29.
Article 9
1. During the last two months of a marketing year, the agencies
approved by the Member States concerned, hereinafter referred to as
‘storage agencies’, may buy in sultanas, currants and dried figs produced
in the Community during the current marketing year provided the
products comply with quality standards to be determined.
The quantities of sultanas and currants bought in under paragraph 2 may
not exceed 27 370 tonnes.
2. The buying-in price at which storage agencies buy in the products
referred to in paragraph 1 shall be:
(a) in the case of dried figs, the minimum price for the lowest quality
class, less 5 %;
(b) in the case of sultanas and currants, the buying-in price in force
during the 1994/1995 marketing year, adjusted each year in line with
the change in the minimum import price referred to in Article 13 or,
from the year 2000, in world prices.
3. The products bought in by the storage agencies shall be disposed of
on terms which do not jeopardize the balance of the market and which
ensure equal access to the products for sale and equal treatment of
purchasers.!B1996R2201 — EN — 29.06.2001 — 004.001 — 10
Where products cannot be disposed of on normal terms, special measures
may be taken. In that case, a special security may be required to ensure
that undertakings entered into are fulfilled, in particular those relating to
the destination of the product. The security shall be forfeit, in full or in
part, if undertakings are not fulfilled or are fulfilled only in part.
4. Storage aid shall be granted to storage agencies for the quantities of
products which they have bought in and for the actual duration of
storage. However, the aid shall cease to be granted at the end of a period
of eighteen months following the end of the marketing year during which
the product was bought in.
5. Financial compensation equal to the difference between the
buying-in price paid by storage agencies and the selling price shall be
granted to storage agencies. This compensation shall be reduced by the
amount of any profits resulting from the difference between the
buying-in price and the selling price.
6. For the purposes of applying paragraph 1, Member States shall
approve storage agencies which provide adequate guarantees both that
they can store products under satisfactory technical conditions and that
they can satisfactorily manage the products bought in.
These agencies shall be required in particular to store products bought in
on separate premises and to keep separate accounts for those products.
7. The sale of products bought in under paragraph 1 shall be organized
by invitation to tender or at a price fixed in advance.
Tenders submitted shall be taken into account only where a security is
lodged.
8. The buying-in price referred to in paragraph 2 and detailed rules for
the application of this Article, in particular the arrangements for storage
aid, financial compensation and the buying-in and sale of products by
storage agencies shall be adopted in accordance with the procedure laid
down in Article 29.
Article 10
1. In the case of products covered by Article 1 (2) which are of major
economic or ecological importance at local or regional level and are
facing, in particular, strong international competition, special measures
to promote them and enhance their competitiveness may be taken in
accordance with the procedure laid down in Article 29.
Such measures may include, in particular:(a) action to improve the suitability for processing of products harvested
and to adapt their characteristics to the needs of the processing
industry;
(b) action to perfect the scientific and technical aspects of new
operational methods and procedures with a view to improving
quality and/or reducing production costs for processed products;
(c) action relating to the development of new products and/or new uses
for processed products;
(d) the carrying out of economic and market studies;(e) action to promote the consumption and use of the products
concerned.
2. The measures provided for in paragraph 1 shall be carried out by
producer organizations or their associations recognized under Regulation
(EC) No 2200/96, in association with organizations representing
operators which process and/or market the product(s) in the sector
concerned.!B1996R2201 — EN — 29.06.2001 — 004.001 — 11
3. To facilitate the introduction of the specific measures aimed at
improving competitiveness referred to in paragraph 1 with regard to
asparagus, a flat-rate aid of ECU 500 per hectare for a maximum of
9 000 hectares shall be granted under this Article during the first three
years after the implementation of those measures.
4. Detailed rules for the application of this Article, and in particular for
ensuring the compatibility and complementarity of the measures
provided for in this Article with those adopted under Article 17 of
Regulation (EC) No 2200/96, on the one hand, and with the measures
financed under Articles 2, 5 and 8 of Regulation (EEC) No 4256/88 (1),
on the other, shall be adopted in accordance with the procedure laid
down in Article 29.
TITLE II
Trade with third countries
Article 11
1. Imports into the Community, or exports therefrom, of any of the
products listed in Article 1 (2) may be subject to presentation of an
import or export licence.
Licences shall be issued by Member States to any applicant, irrespective
of his place of establishment in the Community and without prejudice to
measures taken for the application of Articles 15, 16, 17 and 18.
The licences shall be valid throughout the Community. The issue of such
licences may be subject to the lodging of a security guaranteeing that the
products are imported or exported during the term of validity of the
licence; except in cases of force majeure , the security shall be forfeited
in whole or in part if import or export is not carried out, or is carried out
only partially, within that period.
2. The term of validity of import and export licences and other detailed
rules for the application of this Article shall be adopted in accordance
with the procedure laid down in Article 29.
Article 12
1. Save as otherwise provided for in this Regulation, the rates of duty in
the common customs tariff shall apply to the products listed in Article 1
(2).
2. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 29.
Article 13
1. A minimum import price for the 1997/1998, 1998/1999 and
1999/2000 marketing years shall be fixed for the products listed in
Annex II. The minimum import price shall be determined having regard
in particular to:
— the free-at-frontier prices on import into the Community,
— the prices obtaining on world markets— the situation on the internal Community market, and
— the trend of trade with third countries.
Where the minimum import price is not observed, a countervailing
charge in addition to customs duty shall be imposed, based on the prices
of the main supplier third countries.!B
(1) Council Regulation (EEC) No 4256/88 of 19 December 1988, laying down
provisions for implementing Regulation (EEC) No 2052/88 as regards theEAGGF Guidance Section (OJ No L 374, 31. 12. 1977, p. 25. Regulation asamended by Regulation (EEC) No 2085/93 (OJ No L 193, 31. 7. 1993, p. 44).1996R2201 — EN — 29.06.2001 — 004.001 — 12
2. The minimum import price for dried grapes shall be fixed before the
beginning of the marketing year.
A minimum import price shall be fixed for currants and for other dried
grapes. For each of the two groups of products, that price may be fixed
for products in immediate packing of a net weight to be determined and
for products in immediate packing of a net weight exceeding that weight.
3. The minimum import price for processed cherries shall be fixed
before the beginning of the marketing year. The price may be fixed for
products in immediate packing of a determined net weight.
4. The minimum import price to be observed for dried grapes shall be
that applicable on the day of importation. The countervailing charge to
be levied, if any, shall be that which is applicable on the same day.
5. The minimum import price to be observed for processed cherries
shall be that applicable on the day of acceptance of entry for free
circulation.
6. Countervailing charges for dried grapes shall be fixed by reference
to a scale of import prices. The difference between the minimum import
price and each step of the scale shall be:
— 1 % of the minimum price for the first step
— 3, 6 and 9 %, respectively, of the minimum price for the second, third
and fourth steps.
The fifth step of the scale shall cover all cases where the import price is
lower than that applied for the fourth step.
The maximum countervailing charge to be fixed for dried grapes shall
not exceed the difference between the minimum price and an amount
determined on the basis of the most favourable prices applied on the
world market for significant quantities by the most representative
non-member countries.
7. Where the import price for processed cherries is less than the
minimum price for those products, a countervailing charge equal to the
difference between those prices shall be levied.
8. The minimum import price, the amount of the countervailing charge
and the other rules for the implementation of this Article shall be
adopted in accordance with the procedure laid down in Article 29.
Article 14
1. In order to prevent or counteract adverse effects on the market in the
Community which may result from imports of certain products listed in
Article 1 (2), imports of one or more of such products at the rate of duty
laid down in the common customs tariff shall be subject to payment of an
additional import duty if the conditions set out in Article 5 of the
Agreement on agriculture (1) concluded in the framework of the Uruguay
Round of multilateral trade negotiations have been fulfilled, unless the
imports are unlikely to disturb the Community market, or the effects
would be disproportionate to the intended objective.
2. The trigger prices below which an additional duty may be imposed
shall be those notified by the Community to the World Trade
Organization in accordance with its offer tabled during the Uruguay
Round of multilateral trade negotiations.
The trigger volumes to be exceeded in order to have the additional
import duty imposed shall be determined in particular on the basis of
imports into the Community in the three years preceding the year in
which the adverse effects referred to in paragraph 1 arise or are likely to
arise.
3. The import prices to be taken into consideration for imposing an
additional import duty shall be determined on the basis of the cif import
prices of the consignment concerned.!B
(1) OJ No L 336, 23.12.1 994, p. 22.1996R2201 — EN — 29.06.2001 — 004.001 — 13
The cif import prices shall be verified for this purpose on the basis of the
representative prices for the product in question on the world market or
on the Community import market for the product.
4. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 29. Such detailed
rules shall specify in particular:
(a) the products to which additional import duties may be applied under
Article 5 of the Agreement on agriculture referred to in paragraph 1
of this Article;
(b) the other criteria necessary for application of paragraph 1 in
accordance with Article 5 of the Agreement on agriculture.
Article 15
1. Tariff quotas for the products listed in Article 1 (2) resulting from
agreements concluded in the framework of the Uruguay Round of
multilateral trade negotiations shall be opened and administered in
accordance with detailed rules adopted in accordance with the procedure
laid down in Article 29.
2. Quotas may be administered by applying one of the following
methods or a combination thereof:
(a) a method based on the chronological order in which applications are
lodged (on a ‘first come, first served’ basis);
(b) a method allocating quotas in proportion to the quantities requested
when applications are lodged (using the ‘simultaneous examination’
method);
(c) a method based on taking traditional trade flows into account (using
the ‘traditional/new arrivals’ method).
Other appropriate methods may be adopted. They must avoid
discrimination between the operators concerned.
3. The method of administration adopted shall, where appropriate, take
account of the supply needs of the Community market and the need to
safeguard the equilibrium of that market, whilst at the same time drawing
on methods applied in the past to quotas corresponding to those referred
to in paragraph 1, without prejudice to rights arising from agreements
concluded in the framework of the Uruguay Round of trade negotiations.
4. The detailed rules referred to in paragraph 1 shall provide for annual
quotas, suitably phased over the year, shall determine the administrative
method to be used and, where appropriate, shall include:
(a) guarantees covering the nature, provenance and origin of the
product;
(b) recognition of the document used for verifying the guarantees
referred to in point (a); and
(c) the conditions under which import licences are issued and their term
of validity.
Article 16
1. To the extent necessary to enable export of:
(a) economically significant quantities of the products without added
sugar referred to in Article 1 (2);
(b) — white and raw sugar falling within CN code 1701:
— glucose and glucose syrup falling within CN codes 1702 30 51,
1702 30 59, 1702 30 91, 1702 30 99 and 1702 40 90,
— isoglucose falling within CN codes 1702 30 10, 1702 40 10,
1702 60 10 and 1702 90 30, and
— beet and cane syrups falling within CN code ex 1702 90 99,!B1996R2201 — EN — 29.06.2001 — 004.001 — 14
used in the products listed in Article 1 (2) (b),
on the basis of prices for those products in international trade and within
the limits resulting from agreements concluded in accordance with
Article 228 of the Treaty, the difference between those prices and prices
applying in the Community may be covered by export refunds.
2. The method to be adopted for the allocation of the quantities which
may be exported with a refund shall be the method which:
(a) is most suited to the nature of the product and the situation on the
market in question, allowing the most efficient possible use of the
resources available and takes due account of the efficiency and
structure of Community exports, without, however, creating dis-
crimination between large and small operators;
(b) is least cumbersome administratively for operators, administration
requirements taken into account;
(c) avoids any discrimination between the operators concerned.
3. Refunds shall be the same for the whole Community.
Where the international trade situation or the specific requirements of
certain markets make this necessary, the refund on a given product may
vary according to the destination of the product.
Refunds shall be fixed in accordance with the procedure laid down in
Article 29. Refunds shall be fixed at regular intervals.
Refunds fixed at regular intervals, may, if necessary, be amended in the
interval by the Commission at the request of a Member State or on its
own initiative.
4. Refunds shall be granted only on application and on presentation of
the relevant export licence.
5. The refund applicable shall be that applicable on the day of
application for the licence and, in the case of a differentiated refund, that
applicable on the same day:
(a) for the destination indicated on the licence; or
(b) for the actual destination if it differs from the destination indicated
on the licence. In that case, the amount applicable may not exceed
the amount applicable for the destination indicated on the licence.
Appropriate measures may be taken to prevent abuse of the flexibility
provided for in this paragraph.
6. Paragraphs 4 and 5 may be waived in the case of products on which
refunds are paid under food-aid operations, in accordance with the
procedure laid down in Article 29.
7. Compliance with the limits on volumes arising from agreements
concluded in accordance with Article 228 of the Treaty shall be ensured
on the basis of the export certificates issued for the reference periods
provided for therein and applicable to the products concerned. With
regard to compliance with the obligations arising under the agreements
concluded in the framework of the Uruguay Round of multilateral trade
negotiations, the ending of a reference period shall not affect the validity
of export licences.
8. Detailed rules for the application of this Article, including provisions
on redistribution of unallocated or unused exportable quantities, shall be
adopted in accordance with the procedure laid down in Article 29.
Article 17
1. This Article shall apply to the refund referred to in Article 16 (1) (a).!B1996R2201 — EN — 29.06.2001 — 004.001 — 15
2. The following shall be taken into account when the refund is being
fixed:
(a) the existing situation and future trends with regard to:
— prices and availability on the Community market of products
processed from fruit and vegetables,
— prices ruling in international trade;
(b) minimum marketing and transport costs from the Community
markets to ports or other points of export in the Community, as
well as costs of shipment to the countries of destination;
(c) the economic aspect of the proposed exports;(d) limits resulting from the agreements concluded in accordance with
Article 228 of the Treaty.
3. When prices on the Community market are being determined for the
products referred to in Article 16 (1) (a), account shall be taken of the
ruling prices which are most favourable from the point of view of
exportation.
The following shall be taken into account when prices in international
trade are being determined:
(a) prices ruling on third-country markets;
(b) the most favourable prices in third countries of destination for
imports from third countries;
(c) producer prices recorded in exporting third countries;
(d) offer prices at the Community frontier.4. The refund shall be paid upon proof that:
— the products have been exported from the Community,
— the products are of Community origin, and— in the case of a differentiated refund the products have reached the
destination indicated on the licence or another destination for which
the refund was fixed, without prejudice to Article 16 (5) (b).
However, exceptions may be made to this rule in accordance with the
procedure laid down in Article 29, provided conditions are laid down
which offer equivalent guarantees.
5. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 29.
Article 18
1. This Article shall apply to the refunds referred to in of Article 16 (1)
(b).
2. The amount of the refund shall equal:— for raw sugar, white sugar and beet and cane syrup, the amount of the
export refund for such products in the unprocessed state, fixed in
accordance with Article 17 of Council Regulation (EEC) No 1785/81
of 30 June 1981 on the common organization of the markets in the
sugar sector (
1), and its implementing provisions,
— for isoglucose, the amount of the export refund for that product in its
unprocessed state, fixed in accordance with Article 17 of Regulation
(EEC) No 1785/81 and its implementing provisions,
— for glucose and glucose syrup, the amount of the export refund for
such products in their unprocessed state, fixed for each of those
products in accordance with Article 13 of Council Regulation (EEC)!B
(1) OJ No L 177, 1. 7. 1981, p. 4. Regulation as last amended by Regulation (EC)
No 1599/96 (OJ No L 206, 16. 8. 1996, p. 43).1996R2201 — EN — 29.06.2001 — 004.001 — 16
No 1766/92 of 30 June 1992 on the common organization of the
market in cereals (1), and its implementing provisions.
3. In order to benefit from the refund, processed products must be
accompanied, upon export, by a declaration from the applicant stating the
quantities of raw and white sugar and beet and cane syrups, isoglucose,
glucose and glucose syrup used in manufacture.
The accuracy of the declaration referred to in the first subparagraph shall
be subject to checking by the competent authorities of the Member States
concerned.
4. If the refund is insufficient to allow export of the products listed in
Article 1 (2) (b), the provisions laid down for the refund referred to in
Article 16 (1) (a) shall apply to those products instead of those in Article
16 (1) (b).
5. The refund shall be granted on exports of products:(a) which are of Community origin;(b) which have been imported from third countries and on which the
import duties referred to in Article 12 have been paid, provided the
exporter proves:
— that the product to be exported and the product previously
imported are one and the same, and
— that the import duties were collected on importation.
In the case covered by point (b), the refund on each product shall be
equal to the duties collected on importation where the latter are lower
than the refund applicable; where the duties collected on importation are
higher than that refund, the latter shall apply.
6. The refund shall be paid upon proof that:— the products fulfil either of the two conditions set out in paragraph 5,
— the products have been exported from the Community, and
— in the case of a differentiated refund, the products have reached the
destination indicated on the licence or another destination for which
the refund was fixed, without prejudice to Article 16 (5) (b).
However, exceptions may be made to this rule in accordance with the
procedure laid down in Article 29, provided conditions are laid down
which offer equivalent guarantees.
7. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 29.
Article 19
1. To the extent necessary for the proper working of the common
organization of the markets in cereals, sugar and fruit and vegetables, the
Council, acting in accordance with the voting procedure laid down in
Article 43 (2) of the Treaty on a proposal from the Commission, may, in
particular cases, prohibit in whole or in part the use of inward processing
arrangements in respect of:
— the products referred to in Article 16 (1) (b), and
— fruit and vegetables intended for the manufacture of the products
listed in Article 1 (2).
2. However, by way of derogation from paragraph 1, if the situation
referred to in paragraph 1 arises with exceptional urgency and the
Community market is disturbed or is liable to be disturbed by the inward
processing arrangements, the Commission shall, at the request of a
Member State or on its own initiative, decide upon the necessary
measures; the Council and the Member States shall be notified of such!B
(1) OJ No L 181, 1. 7. 1992, p. 21. Regulation as last amended by Commission
Regulation (EC) No 923/96 (OJ No L 126, 24. 5. 1996, p. 37).1996R2201 — EN — 29.06.2001 — 004.001 — 17
measures, which shall be valid for no more than six months and shall be
immediately applicable. If the Commission receives a request from a
Member State, it shall take a decision thereon within a week following
receipt of the request.
3. The Commission’ s decision may be referred to the Council by any
Member State within a week of the day on which it was notified. The
Council, acting by a qualified majority, may confirm, amend or repeal
the Commission’ s decision. If the Council has not acted within three
months, the Commission’ s decision shall be deemed to have been
repealed.
Article 20
1. Where under Article 20 of Regulation (EEC) No 1785/81 a levy
exceeding ECU 5 per 100 kilograms is charged on exports of white
sugar, the imposition of a charge on exports of the products listed in
Article 1 (2) containing a minimum of 35 % added sugar may be decided
in accordance with the procedure laid down in Article 29.
2. The amount of the export charge shall be fixed taking into account:
— the nature of the product processed from fruit and vegetables which
contains added sugar,
— the added sugar content of the product in question,
— the prices of white sugar in the Community and on the world market,— the export levy applicable to white sugar,
— the economic implications of applying the said charge.
3. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 29.
Article 21
1. The general rules for the interpretation of the combined nomen-
clature and the special rules for its application shall apply to the tariff
classification of products covered by this Regulation; the tariff
nomenclature resulting from the application of this Regulation shall be
incorporated in the common customs tariff.
2. Save as otherwise provided for in this Regulation or in provisions
adopted pursuant thereto, the following shall be prohibited in trade with
third countries:
— the levying of any charge having equivalent effect to a customs duty,
— the application of any quantitative restriction or measure having
equivalent effect.
Article 22
1. If, by reason of imports or exports, the Community market in one or
more of the products listed in Article 1 (2) is affected by, or is threatened
with, serious disturbance likely to jeopardize the achievement of the
objectives set out in Article 39 of the Treaty, appropriate measures may
be applied in trade with third countries until such disturbance or threat of
disturbance has ceased.
The Council, acting on a proposal from the Commission in accordance
with the voting procedure laid down in Article 43 (2) of the Treaty, shall
adopt the general rules for the application of this paragraph and shall
determine the cases in which and limits within which Member States
may take protective measures.!B1996R2201 — EN — 29.06.2001 — 004.001 — 18
2. If the situation referred to in paragraph 1 arises, the Commission
shall, at the request of a Member State or on its own initiative, decide
upon the necessary measures; the Member States shall be notified of
such measures, which shall be immediately applicable. If the Commis-
sion receives a request from a Member State, it shall take a decision
thereon within three working days following receipt of the request.
3. Measures decided upon by the Commission may be referred to the
Council by any Member State within three working days of the day on
which they were notified. The Council shall meet without delay. It may,
acting by a qualified majority, confirm, amend or annul the measure in
question.
4. This Article shall be applied having regard to the obligations arising
from international agreements concluded in accordance with Article 228
(2) of the Treaty.
TITLE III
General provisions
Article 23
Articles 92, 93 and 94 of the Treaty shall apply to the production of and
trade in the products referred to in Article 1 (2).
Article 24
Title VI (National and Community checks) of Regulation (EC) No
2200/96 shall apply to checks on compliance with the Community rules
concerning the market in processed fruit and vegetable products.
Article 25
Financial or other administrative penalties shall be adopted as appropri-
ate for the specific needs of the sector in accordance with the procedure
laid down in Article 29.
Article 26
If measures are required to facilitate the transition from the old
arrangements to those established by this regulation, they shall be
adopted in accordance with the procedure laid down in Article 29.
Article 27
1. Member States and the Commission shall communicate to each other
the information necessary for the application of this Regulation. The data
to be communicated shall be determined in accordance with the
procedure laid down in Article 29. Detailed rules for the communication
and distribution of such information shall be adopted in accordance with
the same procedure.
2. The laws, regulations and administrative provisions adopted by
Member States for the application of this Regulation, including any
amendments thereto, shall be communicated to the Commission no later
than one month after their adoption.
3. Member States shall take all appropriate measures to penalize
infringements of the provisions of this Regulation and to forestall and
bring to an end any fraud.!B
!M31996R2201 — EN — 29.06.2001 — 004.001 — 19
Article 29
1. The Commission shall be assisted by a committee, the Management
Committee for Processed Fruit and Vegetables, hereafter referred to as
the ‘committee’, composed of representatives of the Member States and
chaired by the representative of the Commission.
2. Where reference is made to this paragraph, Articles 4 and 7 of
Decision 1999/468/EC shall apply.
3. The period laid down in Article 4(3) of Decision 1999/468/EC shall
be set at one month.
4. The committee shall adopt its rules of procedure.
Article 30
The Committee may consider any other question referred to it by its
chairman either on his/her own initiative or at the request of the
representative of a Member State.
Article 31
Expenditure incurred under Article 2, Article 6a, Article 7, Article 9(4)
and (5) and Article 10(3) shall be deemed to be intervention to stabilise
the agricultural markets within the meaning of point (b) of Article 1(2) of
Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing
of the common agricultural policy (1).
Article 32
This Regulation shall be so applied that appropriate account is
simultaneously taken of the objectives set out in Articles 39 and 110
of the Treaty.
Article 33
1. This Regulation shall enter into force on the day of its publication in
theOfficial Journal of the European Communities .
It shall apply as from 1 January 1997. However, Title I shall not apply,
for each product concerned, until the beginning of the
1997/1998 marketing year.
2. The following Regulations are hereby repealed with effect from the
date of application of the corresponding provisions of this Regulation:
— Council Regulation (EEC) No 426/86 of 24 February 1986 on the
common organization of the market in products processed from fruit
and vegetables (2),
— Council Regulation (EEC) No 2245/88 of 19 July 1988 introducing
guarantee threshold systems for peaches and pears in syrup and/or in
natural fruit juice (3),
— Council Regulation (EEC) No 1206/90 of 7 May 1990 laying down
general rules for the system of production aid for processed fruit and
vegetables (4),
— Council Regulation (EEC) No 668/93 of 17 March 1993 on the
introduction of a limit to the granting of production aid for processed
tomato products (5).!M3
(1) OJ L 160, 26.6.1999, p. 103.
(2) OJ No L 49, 27. 2. 1986, p. 1. Regulation as last amended by Commission
Regulation (EC) No 2314/95 (OJ No L 233, 30. 9. 1995, p. 69).
(3) OJ No L 198, 27. 7. 1988, p. 18. Regulation as last amended by Commission
Regulation (EC) No 1032/95 (OJ No L 105, 9. 5. 1995, p. 3).
(4) OJ No L 119, 11. 5. 1990, p. 74. Regulation as last amended by Commission
Regulation (EEC) No 2202/90 (OJ No L 201, 31. 7. 1990, p. 4).
(5) OJ No L 72, 25. 3. 1993, p. 1.!B
!M4
!B1996R2201 — EN — 29.06.2001 — 004.001 — 20
References to the repealed Regulation shall be understood as references
to this Regulation and are to be read in accordance with the correlation
tables in Annex IV .
This Regulation shall be binding in its entirety and directly applicable in
all Member States.!B1996R2201 — EN — 29.06.2001 — 004.001 — 21
ANNEX I
Processed products referred to in Article 2
CN code Description
ex 0710 80 70 Peeled tomatoes, whole or in pieces, frozen
ex 0712 90 30 Tomato flakes
2002 10 10 Peeled tomatoes, whole or in pieces
2002 10 90 Unpeeled tomatoes, whole or in pieces
ex 2002 90 Other (crush or pizza sauce)
ex 2002 90 11
ex 2002 90 19Tomato juice (including passata )
ex 2002 90 31
ex 2002 90 39
ex 2002 90 91
ex 2002 90 99Tomato concentrate
ex 2008 40 51
ex 2008 40 59
ex 2008 40 71
ex 2008 40 79
ex 2008 40 91
ex 2008 40 99Williams and Rocha pears in syrup and/or in natural fruit juice
ex 2008 70 61
ex 2008 70 69
ex 2008 70 71
ex 2008 70 79
ex 2008 70 92
ex 2008 70 94
ex 2008 70 99Peaches in syrup and/or in natural fruit juice
ex 2008 92
ex 2008 99Mixtures of fruit, whole or in pieces, in syrup and/or in natural
fruit juice, containing at least [60 %] peaches and pears
2009 50 Tomato juice!M31996R2201 — EN — 29.06.2001 — 004.001 — 22
ANNEX II
Products referred to in Article 13
CN code Description
0806 20 Dried grapes
ex 0811 Fruit and nuts, uncooked or cooked by steaming or boiling in
water, frozen, whether or not containing added sugar or othersweetening matter:
ex 0811 90 – Other:
– – Containing added sugar or other sweetening matter
– – – With a sugar content exceeding 13 % by weight
ex 0811 90 19 – – – – Other:
– – – – – Sour cherries ( Prunus cerasus ):
– – – – – – Unstoned
– – – – – – Other
– – – – – Other cherries:
– – – – – – Unstoned
– – – – – – Other
ex 0811 90 39 – – – – Other:
– – – – – Sour cherries ( Prunus cerasus ):
– – – – – – Unstoned
– – – – – – Other
– – – – – Other cherries:
– – – – – – Unstoned
– – – – – – Other
– – Other:
– – – Cherries:
0811 90 75 – – – – Sour cherries ( Prunus cerasus ):
– – – – – Unstoned
– – – – – Other
0811 90 80 – – – – Other:
– – – – – Unstoned
– – – – – Other
ex 0812 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 consump-
tion:
0812 10 00 – Cherries:
ex 0812 10 00 – – Sour cherries ( Prunus cerasus )
ex 0812 10 00 – – Other!
B1996R2201 — EN — 29.06.2001 — 004.001 — 23
CN code Description
2008 Fruit, nuts and other edible parts of plants, otherwise prepared or
preserved, whether or not containing added sugar or other
sweetening matter or spirit, not elsewhere specified or included:
2008 60 – Cherries:
– – Not containing added spirit:
– – – Containing added sugar, in immediate packings of a net
content exceeding 1 kg:
2008 60 51 – – – – Sour cherries ( Prunus cerasus )
2008 60 59 – – – – Other
– – – Containing added sugar, in immediate packings of a net
content not exceeding 1 kg:
2008 60 61 – – – – Sour cherries ( Prunus cerasus )
2008 60 69 – – – – Other
– – – Not containing added sugar, in immediate packings of a
net content:
– – – – of 4,5 kg or more:
2008 60 71 – – – – – Sour cherries ( Prunus cerasus )
2008 60 79 – – – – – Other
– – – – Of less than 4,5 kg:
2008 60 91 – – – – – Sour cherries ( Prunus cerasus )
2008 60 99 – – – – – Other!B1996R2201 — EN — 29.06.2001 — 004.001 — 24
ANNEX III
Processing thresholds referred to in Article 5
Net weight fresh product
(in tonnes)
Tomatoes Peaches Pears
Community thresholds 8 251 455 539 006 104 617NationalthresholdsGreece 1 211 241 300 000 5 155
Spain 1 238 606 180 794 35 199France 401 608 15 685 17 703Italy 4 350 000 42 309 45 708
Netherlands n.r. n.r. 243
Austria n.r. n.r. 9Portugal 1 050 000 218 600
n.r. = not relevant.!
M31996R2201 — EN — 29.06.2001 — 004.001 — 25
ANNEX IV
Correlation Table
Preceding Regulation (EEC) Numbers Present Regulation
426/86, Article 1, paragraph 1 Article 1, paragraph 2
Article 2, paragraph 2 Article 1, paragraph 3
426/86, Article 2, paragraph 1 Article 2, paragraph 1
Article 2, paragraph 2 —
Article 2, paragraph 3 —
426/86, Article 3, paragraph 1 Article 2, paragraph 2
Article 3, paragraph 1a —
Article 3, paragraph 2 —
Article 3, paragraph 3 —
Article 3, paragraph 4 Article 4, paragraph 9
426/86, Article 4, paragraph 1 Article 3, paragraph 1
Article 4, paragraph 2 —
Article 4, paragraph 3 Article 3, paragraph 2
Article 4, paragraph 4 Article 3, paragraph 3
426/86, Article 5, paragraph 1 Article 4, paragraph 2
Article 5, paragraph 2 Article 4, paragraph 3
Article 5, paragraph 3 Article 4, paragraph 4
Article 5, paragraph 4 —
Article 5, paragraph 5 Article 4, paragraph 9
426/86, Article 6, paragraph 1 Article 7, paragraph 1
Article 6, paragraph 2 Article 7, paragraph 2
Article 6, paragraph 3 Article 7, paragraph 3
Article 6, paragraph 4 Article 7, paragraph 4
Article 6, paragraph 5 —
Article 6, paragraph 6 Article 7, paragraph 5
Article 6, paragraph 7 Article 7, paragraph 5
426/86, Article 6a —
426/86, Article 7, paragraph 1 Article 8
Article 7, paragraph 2 —
426/86, Article 8, paragraph 1 Article 9, paragraph 1
Article 8, paragraph 2 Article 9, paragraph 2
Article 8, paragraph 3 Article 9, paragraph 3
Article 8, paragraph 4 Article 9, paragraph 4
Article 8, paragraph 5 Article 9, paragraph 5
Article 8, paragraph 6 —
Article 8, paragraph 7 Article 9, paragraph 6
426/86, Article 9, paragraph 1 Article 11, paragraph 1
Article 9, paragraph 2 Article 11, paragraph 2
Article 9, paragraph 1 Article 12, paragraph 1
Article 9, paragraph 2 Article 12, paragraph 2
426/86, Article 10 —!B1996R2201 — EN — 29.06.2001 — 004.001 — 26
Preceding Regulation (EEC) Numbers Present Regulation
426/86, Article 10a, paragraph 1 Article 13, paragraph 1
Article 10a, paragraph 2 Article 13, paragraph 2
Article 10a, paragraph 3 Article 13, paragraph 3
Article 10a, paragraph 4 Article 13, paragraph 4
Article 10a, paragraph 5 Article 13, paragraph 5
Article 10a, paragraph 6 Article 13, paragraph 6
Article 10a, paragraph 7 Article 13, paragraph 7
Article 10a, paragraph 8 Article 13, paragraph 8
426/86, Article 11, paragraph 1 Article 14, paragraph 1
Article 11, paragraph 2 Article 14, paragraph 2
Article 11, paragraph 3 Article 14, paragraph 3
Article 11, paragraph 4 Article 14, paragraph 4
426/86, Article 12, paragraph 1 Article 15, paragraph 1
Article 12, paragraph 2 Article 15, paragraph 2
Article 12, paragraph 3 Article 15, paragraph 3
Article 12, paragraph 4 Article 15, paragraph 4
426/86, Article 13, paragraph 1 Article 16, paragraph 1
Article 13, paragraph 2 Article 16, paragraph 2
Article 13, paragraph 3 Article 16, paragraph 3
Article 13, paragraph 4 Article 16, paragraph 4
Article 13, paragraph 5 Article 16, paragraph 5
Article 13, paragraph 6 Article 16, paragraph 6
Article 13, paragraph 7 Article 16, paragraph 7
Article 13, paragraph 8 Article 16, paragraph 8
426/86, Article 14, paragraph 1 Article 17, paragraph 1
Article 14, paragraph 2 Article 17, paragraph 2
Article 14, paragraph 3 Article 17, paragraph 3
Article 14, paragraph 4 Article 17, paragraph 4
Article 14, paragraph 5 Article 17, paragraph 5
426/86, Article 14a, paragraph 1 Article 18, paragraph 1
Article 14a, paragraph 2 Article 18, paragraph 2
Article 14a, paragraph 3 Article 18, paragraph 3
Article 14a, paragraph 4 Article 18, paragraph 4
Article 14a, paragraph 5 Article 18, paragraph 5
Article 14a, paragraph 6 Article 18, paragraph 6
Article 14a, paragraph 7 Article 18, paragraph 7
426/86, Article 15, paragraph 1 Article 19, paragraph 1
Article 15, paragraph 2 Article 19, paragraph 2
Article 15, paragraph 3 Article 19, paragraph 3
426/86, Article 16, paragraph 1 Article 20, paragraph 1
Article 16, paragraph 2 Article 20, paragraph 2
Article 16, paragraph 3 —
Article 16, paragraph 4 —
Article 16, paragraph 5 Article 20, paragraph 3
426/86, Article 17, paragraph 1 Article 21, paragraph 1
Article 17, paragraph 2 Article 21, paragraph 2!B1996R2201 — EN — 29.06.2001 — 004.001 — 27
Preceding Regulation (EEC) Numbers Present Regulation
426/86, Article 18, paragraph 1 Article 22, paragraph 1
Article 18, paragraph 2 Article 22, paragraph 2
Article 18, paragraph 3 Article 22, paragraph 3
Article 18, paragraph 4 Article 22, paragraph 4
426/86, Article 19, Article 23
426/86, Article 20, Article 24, paragraph 1426/86, Article 21, paragraph 1 Article 25
Article 21, paragraph 2 —
426/86, Article 22, paragraph 1 Article 26, paragraph 1
Article 22, paragraph 2 Article 26, paragraph 2
Article 22, paragraph 3 Article 26, paragraph 3
426/86, Article 23, Article 27
Article 24, Article 29
Article 25 Article 30
Article 26 Article 31
426/86, Annex I A Annex I
Annex I B Annex II
Annex III —
2245/88, Article 1, paragraph 1 Article 5, paragraph 1
Article 1, paragraph 2 Article 5, paragraph 2
Article 1, paragraph 3 Article 5, paragraph 3
1206/90, Article 2, paragraph 1 Article 4, paragraph 7
Article 2, paragraph 2 Article 4, paragraph 8
Article 2, paragraph 3 Article 4, paragraph 8
1206/90, Article 3, paragraph 2 Article 4, paragraph 1
Article 3, paragraph 3 Article 4, paragraph 5
Article 3, paragraph 4 Article 4, paragraph 6
1206/90, Article 6, paragraph 1 Article 9, paragraph 6
Article 6, paragraph 2 Article 9, paragraph 8
Article 6, paragraph 4 Article 9, paragraph 7
668/93, Article 1, paragraph 1 Article 6, paragraph 1
Article 1, paragraph 2 Article 6, paragraph 4
Article 1, paragraph 3 Article 6, paragraph 5
Article 3 Article 6, paragraph 1!
B1996R2201 — EN — 29.06.2001 — 004.001 — 28