1996R2201 — EN — 01.01.2004 — 006.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILREGULATION(EC)No2201/96
of28October1996
onthecommonorganizationofthemarketsinprocessedfruitandvegetableproducts
(OJ L 297, 21.11.1996, p. 29)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 2199/97 of 30 October 1997 L 303 1 6.11.1997
►M2Council Regulation (EC) No 2701/1999 of 14 December 1999 L 327 5 21.12.1999
►M3Council Regulation (EC) No 2699/2000 of 4 December 2000 L 311 9 12.12.2000
►M4Council Regulation (EC) No 1239/2001 of 19 June 2001 L 171 1 26.6.2001
►M5Commission Regulation (EC) No 453/2002 of 13 March2002 L 72 9 14.3.2002
►M6Commission Regulation (EC) No 386/2004 of 1 March2004 L 64 25 2.3.2004
Corrected by:
►C1Corrigendum, 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).
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COUNCILREGULATION(EC)No2201/96
of28October 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 EconomicCommunity, 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 vege-table sector in general of which the Community must takeaccount by a reorientation of the basic rules of the market orga-
nization of this sector; whereas as regards certain processed
products, account should also be taken of the internationalmarket situation; whereas, in view of the numerous changes towhich the common organization of the market in fruit and vege-tables has been subject since its initial adoption, a newRegulation should, for reasons of clarity, be adopted;
(2)Whereas certain processed products are of particular importancein the Mediterranean regions of the Community where produc-tion 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 inthe past, has stood the test of time and should be continued;whereas, however, like for fresh products, the role of producers'organizations should be strengthened in order to guarantee
greater concentration of supply, to manage supply more ration-
ally and lastly, to facilitate monitoring of compliance withth eminimum price to producers;
(3)Whereas, because of the link which exists between the prices of
products intended for freshconsumption and of th ose intended
for processing, it should be enacted that the minimum price tothe producer must be determined taking account of market pricefluctuations in the fruit and vegetable sector and of the need tomaintain a proper balance between the various outlets for thefreshproduct;
(4)Whereas the amount of aid must compensate for the differencebetween the prices paid to producers in the Community andprices paid in third countries; whereas, therefore, a basis ofcalculation must be laid down which takes account of this differ-
ence and of the impact of changes in the minimum price,
without prejudice to the application of certain technicalelements;
(5)Whereas, because of the large availability of raw materials andthe elasticity of processing capacity, the granting of productionaid may in certain cases lead to a considerable expansion ofproduction; whereas, in order to avoid the disposal difficultieswhich could result from this, limitations should be set on thegranting 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, aimedat increasing the dynamism of undertakings and the competitive-1996R2201 — EN — 01.01.2004 — 006.001 — 2
(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.
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ness of Community industry; whereas the quotas per group of
products and Member State must be fixed on a flat-rate basisfor 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 resultingfrom the increase in quotas for tomato concentrate and the otherproducts in relation to the old system;
(7)Whereas the dried grape sector has some special features whichhave led to the implementation of a specialized acreage aidsystem; 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 driedgrapes, must be kept as in the past in the same Regulation;
(8)Whereas replanting schemes to combat phylloxera are conti-nuing; whereas, in order to avoid this operation ceasing whilelarge areas still remain to be replanted, the system of aid toproducers who replant their vineyards to combat phylloxerashould be continued;
(9)Whereas, to facilitate the disposal of processed products andbetter 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 carryoverstorage 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 thesetwo products taking account of the specific features of each ofthem;
(11)Whereas the possibility should be provided of implementingspecific measures in favour of certain sectors facing internationalcompetition, where their production has major local or regional
importance; whereas such measures must include structural
improvements aimed at increasing competitiveness andpromoting the use of the products in question; whereas for atransitional period provision should be made for aid in a lumpsum for area on which asparagus intended for processing iscurrently 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 multilateraltrade negotiations, in particular the new trading arrangementswith third countries in the processed fruit and vegetable productssector; 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 tothe Commission's exercise of its powers for the implementationof certain technical provisions relating to possible sugarshortages;
(13)Whereas the granting of certain aid would compromise the func-tioning of the single market; whereas, therefore, the provisionsof 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 sectorreferred to in this Regulation;
(14)Whereas Council Regulation (EC) No 2200/96 of 28 October1996 on the common organization of the market in fruit andvegetables (
2) should be applied to the processed fruit and vege-
table products sector in order to avoid duplication of standardsand monitoring bodies; whereas it is necessary also to provide1996R2201 — EN — 01.01.2004 — 006.001 — 3
(1) OJ No L 349, 31. 12. 1994, p. 105. Regulation as last amended by Regula-
tion (EC) No 1193/96 (OJ No L 161, 29. 6. 1996, p. 1).
(2) See page 1 of this Official Journal.
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for sanctions to guarantee uniform application of the new system
throughout the Community;
(15)Whereas the common organization of the markets in processedfruit and vegetable products must take proper and simultaneousaccount of the objectives set out in Articles 39 and 110 of theTreaty;
(16)Whereas, to facilitate the implementation of the provisions ofthis Regulation, a procedure for close cooperation between theMember States and the Commission by means of a managementcommittee 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 subheading
07104000, olives of subheading 07108010 and fruits
of the genus Capsicum or the genus Pimenta of
subheading 0710 8059
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 for
immediate consumption, excluding olives of subheading
071120, fruits of the genus Capsicum of of the genus
Pimenta of subheading 07119010 and sweet corn of
subheading 0711 9030
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
consumption falling within subheading ex 07129005,
sweet corn falling within the subheadings ex 0712 9011
and 07129019 and olives falling within subheading
ex 0712 9090
0804 2090 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 within subheading ex 0811 9095
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 consumption, excluding bananas provisionally
preserved falling within subheading ex 08129095
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 5031 and
08135039
0814 0000 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 2010 Dried sweet peppers, neither crushed nor ground1996R2201 — EN — 01.01.2004 — 006.001 — 4
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CN code Description
(b) ex 0811 Fruit and nuts, uncooked or cooked by steaming or
boiling in water, frozen, containing added sugar or other
sweetening matter
ex 130220 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 9020
— Sweet corn ( Zea mays var. saccharata )o f
subheading 20019030
— Yams, sweet potatoes and similiar edible parts of
plants containing 5 % or more by weight of starch
of subheading 20019040, and
— Palm hearts of subheading 2001 9060— Olives of subheading 2001 9065— Vine leaves, hop shoots and other similar edible parts
of plants falling within subheading
►
M6ex 20019099 ◄
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 20049010, olives of
subheading ex 20049030 and potatoes prepared or
preserved in the form of flour, meal or flakes of
subheading 2004 1091
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 200570,
sweet corn ( Zea mays var. saccharata ) of subheading
20058000 and fruit of the genus Capsicum other than
sweet peppers or pimentos of subheading 2005 9010
and potatoes prepared or preserved in the form of flour,
meal or flakes of subheading 2005 2010
ex 200600 Fruit, nuts, fruit-peel and other parts of plants, preserved
by sugar (drained, glacé or crystallized), excluding
bananas preserved by sugar falling within headings
ex 2006 0038 and ex 20060099
ex 2007 Jams, fruit jellies, marmalades, fruit or nut purée and
fruit or nut pastes, being cooked preparations, whether
or not containing added sugar or other sweetening
matter, excluding:
— Homogenized preparations of bananas of subheading
ex 200710
— Jams, jellies, marmalades, purée or pastes of bananas
of subheadings ex 20079939,
►M6ex 20079957 ◄and ex 20079998
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 20081110
— Palm hearts of subheading 2008 9100— Maize of subheading 20089985— Yams, sweet potatoes and similar edible parts of
plants, containing 5 % or more by weight of starch
of subheading 20089991, and
— Vine leaves, hop shoots, and other similar edible
parts of plants falling within subheading
ex 200899991996R2201 — EN — 01.01.2004 — 006.001 — 5
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CN code Description
— Mixtures of banana otherwise prepared or preserved
of subheadings ex 20089259, ex 20089278,
ex 20089293 and ex 2008 9298
— Bananas otherwise prepared or preserved of subhead-
ings ex 2008 9949, ►M6ex 20089967 ◄and
ex 20089999
ex 2009 Fruit juices (excluding grape juice and grape must of
subheadings 2009 61 and 200969 and banana juice of
subheading 200980) and vegetable juices, unfermented
and not containing added spirit, whether or not
containing added sugar 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 laiddown in Article 29.
TITLE I
Systemofaid
Article 2
A Community aid scheme is hereby introduced to assist producer orga-
nisations supplying tomatoes, peaches and pears harvested in theCommunity for the production of the processed products listed inAnnex 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 provi-sionally authorised under Regulation (EC) No 2200/96 and, on theother, 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, fora quantity not exceeding 25 % of the total quantity contracted for byany processor.
2. Contracts shall be concluded by a specific date, to be defined in
accordance withth e procedure laid down in Article 29. In particular,they shall specify the quantities they cover, the schedule of supply tothe 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 provi-
sions of this Article to operators not affiliated to any of the collectivestructures provided for in Regulation (EC) No 2200/96, who undertaketo 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.
Article 4
1. Aid shall be granted to producer organisations for the quantities
of raw materials supplied for processing under the contracts referredto in Article 3.1996R2201 — EN — 01.01.2004 — 006.001 — 6
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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 soonas 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 aidreceived 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 eachof th e products referred to in Article 2, Community and
national processing thresholds shall be established as indicated inAnnex II.
2. Whenever a Community processing threshold is overrun, the aid
fixed for the product in question in accordance with Article 4(2) shallbe reduced in all the Member States in which the correspondingthreshold has been overrun.
For the purposes of applying the first subparagraph, threshold overruns
shall be calculated by comparing the threshold with the average quan-tity processed with aid under this Regulation over the three marketingyears 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 aMember State but not processed shall be allocated to the other MemberStates, 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 subpar-
agraph of paragraph 2, the following arrangements shall apply to thefirst three marketing years immediately following implementation ofthis 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 duringthe 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 than10 %, and in all Member States concerned if the Communitythreshold has not been overrun, a supplement shall be paid afterthe end of the marketing year. The supplement shall be fixed onthe 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 proces-
sing withaid during th e first year;
(c) for the third marketing year, overrun of the processing threshold
shall be calculated on the basis of the average quantity suppliedfor processing withaid during th e first and second years.
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 inproportion to the recorded overrun of the sub-threshold concerned.1996R2201 — EN — 01.01.2004 — 006.001 — 7
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Article 6
1. Detailed rules for the application of Articles 2 to 5, and in parti-
cular rules governing approval of processors, conclusion of processingcontracts, payment of aid, control measures and sanctions, marketing
years, minimum characteristics of the raw material supplied for proces-
sing, minimum quality requirements for finished products and thefinancial consequences of overrunning thresholds, shall be adopted inaccordance withth e procedure laid down in Article 29.
2. Quality and quantity checks shall also be adopted in accordance
withth at 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 2000,
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, fora 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 structuresprovided for in Regulation (EC) No 2200/96, who undertake to marketthrough such structures all their output intended for the manufacture ofthe products referred to in paragraph 1 and who pay a contributiontowards the overall management costs of this system borne by the orga-
nisation.
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.
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 downin 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 priceof the raw material in the main producing and exporting third coun-tries.1996R2201 — EN — 01.01.2004 — 006.001 — 8
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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 paragraph1.
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 inthe prices obtaining in such trade, where the latter criterion resultsin 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 betweenthe weight of raw material used and the net weight of the processedproduct shall be defined on a standardised basis. They shall be regu-larly 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 Commu-
nity, 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 coun-
tries shall be determined mainly on the basis of the prices actuallyapplying at the farm-gate stage for fresh products of a comparablequality 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 laiddown 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 thesame 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 areaconcerned. In addition, the amount of the aid shall be fixed to takeaccount 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 Commu-nity used for the crops referred to in paragraph 1 in the marketing years1987/1988, 1988/1989 and 1989/1990. If the specialized areas used forthe production of dried grapes exceed the maximum guaranteed1996R2201 — EN — 01.01.2004 — 006.001 — 9
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Community area, the amount of the aid shall be reduced for the
following marketing year according to the extent by which that area isexceeded.
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 measuresagainst that disease chargeable to the Guidance Section of the EAGGFshall be entitled, during three marketing years, to aid of an amount
determined in the light of the amount of the aid referred to in para-
graph 1 and of the amount of aid granted under the said structuralmeasures. 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 laiddown in Article 29. In accordance with the same procedure, it shalllay down the detailed rules for the application of this Article and deter-mine, 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 inthe Community or for export to third countries, in accordance withthe 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 providedthe 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 paragraph1 sh all 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 linewith the change in the minimum import price referred to in Article13 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 andwhich ensure equal access to the products for sale and equal treatmentof purchasers.
Where products cannot be disposed of on normal terms, special
measures may be taken. In that case, a special security may be requiredto ensure that undertakings entered into are fulfilled, in particular thoserelating 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 aperiod of eighteen months following the end of the marketing yearduring 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 begranted to storage agencies. This compensation shall be reduced by theamount of any profits resulting from the difference between thebuying-in price and the selling price.1996R2201 — EN — 01.01.2004 — 006.001 — 10
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6. For the purposes of applying paragraph 1, Member States shall
approve storage agencies which provide adequate guarantees both thatthey 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 thoseproducts.
7. The sale of products bought in under paragraph 1 shall be orga-
nized 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 forstorage 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, specialmeasures to promote them and enhance their competitiveness may betaken in accordance withth e procedure laid down in Article 29.
Suchmeasures may include, in particular:
(a) action to improve the suitability for processing of products
harvested and to adapt their characteristics to the needs of theprocessing industry;
(b) action to perfect the scientific and technical aspects of new opera-
tional methods and procedures with a view to improving qualityand/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 Regula-tion (EC) No 2200/96, in association withorganizations representing
operators which process and/or market the product(s) in the sector
concerned.
3. To facilitate the introduction of the specific measures aimed at
improving competitiveness referred to in paragraph1 withregard toasparagus, a flat-rate aid of ECU 500 per hectare for a maximum of9 000 hectares shall be granted under this Article during the first threeyears 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 ofRegulation (EC) No 2200/96, on the one hand, and with the measuresfinanced under Articles 2, 5 and 8 of Regulation (EEC) No 4256/88 (
1),
on the other, shall be adopted in accordance with the procedure laiddown in Article 29.1996R2201 — EN — 01.01.2004 — 006.001 — 11
(1) Council Regulation (EEC) No 4256/88 of 19 December 1988, laying down
provisions for implementing Regulation (EEC) No 2052/88 as regards the
EAGGF Guidance Section (OJ No L 374, 31. 12. 1977, p. 25. Regulation
as amended by Regulation (EEC) No 2085/93 (OJ No L 193, 31. 7. 1993,
p. 44).
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TITLE II
Tradewiththirdcountries
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 animport or export licence.
Licences shall be issued by Member States to any applicant, irrespec-
tive of his place of establishment in the Community and without
prejudice to measures taken for the application of Articles 15, 16, 17and 18.
The licences shall be valid throughout the Community. The issue of
suchlicences may be subject to th e lodging of a security guaranteeing
that the products are imported or exported during the term of validityof 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, oris 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 inaccordance withth e 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 listedin Article 1 (2).
2. Detailed rules for the application of this Article shall be adopted
in accordance withth e 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 parti-cular 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 theprices of the main supplier third countries.
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 thatweight.
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 circu-lation.1996R2201 — EN — 01.01.2004 — 006.001 — 12
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6. Countervailing charges for dried grapes shall be fixed by refer-
ence to a scale of import prices. The difference between the minimumimport 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 amountdetermined on the basis of the most favourable prices applied on theworld 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 tothe 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 withth e 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 productslisted in Article 1 (2), imports of one or more of suchproducts at th e
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 Article5 of the Agreement on agriculture (
1) concluded in the framework of
the Uruguay Round of multilateral trade negotiations have beenfulfilled, unless the imports are unlikely to disturb the Communitymarket, or the effects would be disproportionate to the intended objec-
tive.
2. The trigger prices below which an additional duty may be
imposed shall be those notified by the Community to the World TradeOrganization in accordance withits offer tabled during th e UruguayRound 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 ofimports into the Community in the three years preceding the year inwhich the adverse effects referred to in paragraph 1 arise or are likelyto arise.
3. The import prices to be taken into consideration for imposing an
additional import duty shall be determined on the basis of the cifimport prices of the consignment concerned.
The cif import prices shall be verified for this purpose on the basis of
the representative prices for the product in question on the worldmarket or on the Community import market for the product.
4. Detailed rules for the application of this Article shall be adopted
in accordance withth e procedure laid down in Article 29. Suchdetailed 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 para-
graph1 of th is Article;
(b) the other criteria necessary for application of paragraph 1 in accor-
dance withArticle 5 of th e Agreement on agriculture.1996R2201 — EN — 01.01.2004 — 006.001 — 13
(1) OJ No L 336, 23. 12. 1994, p. 22.
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Article 15
1. Tariff quotas for the products listed in Article 1 (2) resulting from
agreements concluded in the framework of the Uruguay Round ofmultilateral trade negotiations shall be opened and administered in
accordance withdetailed rules adopted in accordance withth e proce-
dure 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 examina-tion’ 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 discrimi-
nation between the operators concerned.
3. The method of administration adopted shall, where appropriate,
take account of the supply needs of the Community market and theneed to safeguard the equilibrium of that market, whilst at the sametime 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 oftrade negotiations.
4. The detailed rules referred to in paragraph 1 shall provide for
annual quotas, suitably phased over the year, shall determine theadministrative 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 3051,
1702 30 59, 170230 91, 1702 3099 and 1702 40 90,
— isoglucose falling within CN codes 1702 3010, 1702 4010,
1702 60 10 and 170290 30, and
— beet and cane syrups falling within CN code ex 1702 9099,
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 accordancewith 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 theresources available and takes due account of the efficiency andstructure of Community exports, without, however, creating discri-mination between large and small operators;1996R2201 — EN — 01.01.2004 — 006.001 — 14
▼B
(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 itsown 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 appli-
cation 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 exceedthe 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 withthe procedure laid down in Article 29.
7. Compliance withth e limits on volumes arising from agreements
concluded in accordance with Article 228 of the Treaty shall beensured on the basis of the export certificates issued for the referenceperiods provided for therein and applicable to the products concerned.With regard to compliance with the obligations arising under the agree-ments 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 provi-
sions on redistribution of unallocated or unused exportable quantities,
shall be adopted in accordance with the procedure laid down in Article29.
Article 17
1. This Article shall apply to the refund referred to in Article 16 (1)
(a).
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 of1996R2201 — EN — 01.01.2004 — 006.001 — 15
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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 withthe procedure laid down in Article 29, provided conditions are laiddown which offer equivalent guarantees.
5. Detailed rules for the application of this Article shall be adopted
in accordance withth e 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 withArticle 17 of Council Regulation (EEC) No
1785/81 of 30 June 1981 on the common organization of themarkets 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 withArticle 17 of Regu-lation (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 thoseproducts in accordance withArticle 13 of Council Regulation(EEC) No 1766/92 of 30 June 1992 on the common organizationof the market in cereals (
2), 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 statingthe quantities of raw and white sugar and beet and cane syrups, isoglu-
cose, 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 toin Article 16 (1) (a) shall apply to those products instead of those inArticle 16 (1) (b).
5. The refund shall be granted on exports of products:
(a) which are of Community origin;1996R2201 — EN — 01.01.2004 — 006.001 — 16
(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).
(2) 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).
▼B
(b) which have been imported from third countries and on which the
import duties referred to in Article 12 have been paid, providedthe 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 lowerthan the refund applicable; where the duties collected on importationare 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 whichthe 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 laiddown which offer equivalent guarantees.
7. Detailed rules for the application of this Article shall be adopted
in accordance withth e 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 downin 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 paragraph1, if th e situation
referred to in paragraph1 arises withexceptional urgency and th eCommunity 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 necessarymeasures; the Council and the Member States shall be notified of suchmeasures, which shall be valid for no more than six months and shallbe immediately applicable. If the Commission receives a request froma 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 threemonths, the Commission's decision shall be deemed to have beenrepealed.
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 bedecided in accordance withth e 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,1996R2201 — EN — 01.01.2004 — 006.001 — 17
▼B
— 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 withth e 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 tariffclassification of products covered by this Regulation; the tariff nomen-clature 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 tradewithth ird 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 threa-
tened with, serious disturbance likely to jeopardize the achievement ofthe objectives set out in Article 39 of the Treaty, appropriate measuresmay be applied in trade withth ird countries until suchdisturbance orthreat 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 andshall determine the cases in which and limits within which MemberStates may take protective measures.
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 ofsuch measures, which shall be immediately applicable. If the Commis-sion receives a request from a Member State, it shall take a decisionthereon 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 theday on which they were notified. The Council shall meet withoutdelay. It may, acting by a qualified majority, confirm, amend or annulthe 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 rulesconcerning the market in processed fruit and vegetable products.1996R2201 — EN — 01.01.2004 — 006.001 — 18
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Article 25
Financial or other administrative penalties shall be adopted as appro-
priate 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 beadopted in accordance withth e 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 communi-
cation and distribution of suchinformation sh all be adopted inaccordance withth e same procedure.
2. The laws, regulations and administrative provisions adopted by
Member States for the application of this Regulation, including anyamendments 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 andbring to an end any fraud.
Article 29
1. The Commission shall be assisted by a committee, the Manage-
ment Committee for Processed Fruit and Vegetables, hereafter referredto as the ‘committee’, composed of representatives of the MemberStates 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 repre-
sentative 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 stabilisethe 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 simulta-
neously taken of the objectives set out in Articles 39 and 110 of theTreaty.1996R2201 — EN — 01.01.2004 — 006.001 — 19
(1) OJ L 160, 26.6.1999, p. 103.▼M3
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▼M4
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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 Regula-tion:
— Council Regulation (EEC) No 426/86 of 24 February 1986 on the
common organization of the market in products processed from
fruit and vegetables (
1),
— Council Regulation (EEC) No 2245/88 of 19 July 1988 introducing
guarantee threshold systems for peaches and pears in syrup and/orin natural fruit juice (
2),
— Council Regulation (EEC) No 1206/90 of 7 May 1990 laying down
general rules for the system of production aid for processed fruitand vegetables (
3),
— Council Regulation (EEC) No 668/93 of 17 March1993 on th e
introduction of a limit to the granting of production aid forprocessed tomato products (
4).
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.1996R2201 — EN — 01.01.2004 — 006.001 — 20
(1) 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).
(2) OJ No L 198, 27. 7. 1988, p. 18. Regulation as last amended by Commis-
sion Regulation (EC) No 1032/95 (OJ No L 105, 9. 5. 1995, p. 3).
(3) OJ No L 119, 11. 5. 1990, p. 74. Regulation as last amended by Commis-
sion Regulation (EEC) No 2202/90 (OJ No L 201, 31. 7. 1990, p. 4).
(4) OJ No L 72, 25. 3. 1993, p. 1.
▼M3
ANNEX I
Processedproductsreferred toinArticle 2
CN code Description
ex 07108070 Peeled tomatoes, whole or in pieces, frozen
ex 07129030 Tomato flakes
20021010 Peeled tomatoes, whole or in pieces20021090 Unpeeled tomatoes, whole or in pieces
ex 200290 Other (crush or pizza sauce)
ex 20029011
ex 20029019Tomato juice (including passata)
ex 20029031
ex 20029039
ex 20029091
ex 20029099Tomato concentrate
ex 20084051
ex 20084059
ex 20084071
ex 20084079
►
M6ex 2008 4090 ◄Williams and Rocha pears in syrup and/or in natural fruit juice
ex 20087061
ex 20087069
ex 20087071
ex 20087079
ex 20087092
►M6ex 2008 7098 ◄Peaches in syrup and/or in natural fruit juice
ex 200892
ex 200899Mixtures of fruit, whole or in pieces, in syrup and/or in natural fruit
juice, containing at least [60 %] peaches and pears
200950 Tomato juice1996R2201 — EN — 01.01.2004 — 006.001 — 21
▼B
ANNEX II
Productsreferred toinArticle 13
CN code Description
080620 Dried grapes
ex 0811 Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen,
whether or not containing added sugar or other sweetening matter:
ex 081190 — Other:
— — Containing added sugar or other sweetening matter
— — — Witha sugar content exceeding 13 % by weigh t
ex 08119019 ————O t he r :
————— Sour cherries ( Prunus cerasus ):
—————— Unstoned
——————O t he r
—————O t he rc h erries:
—————— Unstoned
——————O t he r
ex 08119039 ————O t he r :
————— Sour cherries ( Prunus cerasus ):
—————— Unstoned
——————O t he r
—————O t he rc h erries:
—————— Unstoned
——————O t he r
— — Other:
———C h erries:
08119075 ———— Sour cherries ( Prunus cerasus ):
————— Unstoned
—————O t he r
08119080 ————O t he r :
————— Unstoned
—————O t he r
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 consumption:
08121000 — Cherries:
ex 08121000 — — Sour cherries ( Prunus cerasus )
ex 08121000 — — Other
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:
200860 — Cherries:
— — Not containing added spirit:
— — — Containing added sugar, in immediate packings of a net content
exceeding 1 kg:
20086051 ———— Sour cherries ( Prunus cerasus )
20086059 ————O t he r
— — — Containing added sugar, in immediate packings of a net content not
exceeding 1 kg:
20086061 ———— Sour cherries ( Prunus cerasus )
20086069 ————O t he r
— — — Not containing added sugar, in immediate packings of a net content:1996R2201 — EN — 01.01.2004 — 006.001 — 22
▼B
CN code Description
————o f4 , 5k go r more:
20086071 ————— Sour cherries ( Prunus cerasus )
20086079 —————O t he r
————O f less than 4,5 kg:
20086091 ————— Sour cherries ( Prunus cerasus )
20086099 —————O t he r1996R2201 — EN — 01.01.2004 — 006.001 — 23
▼M3
ANNEX III
Processingthresholdsreferred toinArticle5
Net weight fresh product
(in tonnes)
Tomatoes Peaches Pears
Communitythresholds 8251455 539006 104617National thresholdsGreece 1 211241 300000 5 155
Spain 1 238606 180794 35199France 401608 15685 17703Italy 4 350000 42309 45708
Netherlands n.r. n.r. 243
Austria n.r. n.r. 9Portugal 1 050000 218 600
n.r. = not relevant.1996R2201 — EN — 01.01.2004 — 006.001 — 24
▼B
ANNEX IV
CorrelationTable
Preceding Regulation (EEC) Numbers Present Regulation
426/86, Article 1, paragraph1 Article 1, paragraph2
Article 2, paragraph2 Article 1, paragraph3
426/86, Article 2, paragraph1 Article 2, paragraph1
Article 2, paragraph2 —Article 2, paragraph3 —
426/86, Article 3, paragraph1 Article 2, paragraph2
Article 3, paragraph1a —Article 3, paragraph2 —
Article 3, paragraph3 —
Article 3, paragraph4 Article 4, paragraph9
426/86, Article 4, paragraph1 Article 3, paragraph1
Article 4, paragraph2 —Article 4, paragraph3 Article 3, paragraph2Article 4, paragraph4 Article 3, paragraph3
426/86, Article 5, paragraph1 Article 4, paragraph2
Article 5, paragraph2 Article 4, paragraph3
Article 5, paragraph3 Article 4, paragraph4Article 5, paragraph4 —Article 5, paragraph5 Article 4, paragraph9
426/86, Article 6, paragraph1 Article 7, paragraph1
Article 6, paragraph2 Article 7, paragraph2
Article 6, paragraph3 Article 7, paragraph3
Article 6, paragraph4 Article 7, paragraph4Article 6, paragraph5 —Article 6, paragraph6 Article 7, paragraph5Article 6, paragraph7 Article 7, paragraph5
426/86, Article 6a —426/86, Article 7, paragraph1 Article 8
Article 7, paragraph2 —
426/86, Article 8, paragraph1 Article 9, paragraph1
Article 8, paragraph2 Article 9, paragraph2
Article 8, paragraph3 Article 9, paragraph3Article 8, paragraph4 Article 9, paragraph4Article 8, paragraph5 Article 9, paragraph5Article 8, paragraph6 —
Article 8, paragraph7 Article 9, paragraph6
426/86, Article 9, paragraph1 Article 11, paragraph1
Article 9, paragraph2 Article 11, paragraph2Article 9, paragraph1 Article 12, paragraph1Article 9, paragraph2 Article 12, paragraph21996R2201 — EN — 01.01.2004 — 006.001 — 25
▼B
Preceding Regulation (EEC) Numbers Present Regulation
426/86, Article 10 —
426/86, Article 10a, paragraph1 Article 13, paragraph1
Article 10a, paragraph2 Article 13, paragraph2Article 10a, paragraph3 Article 13, paragraph3Article 10a, paragraph4 Article 13, paragraph4Article 10a, paragraph5 Article 13, paragraph5
Article 10a, paragraph6 Article 13, paragraph6
Article 10a, paragraph7 Article 13, paragraph7Article 10a, paragraph8 Article 13, paragraph8
426/86, Article 11, paragraph1 Article 14, paragraph1
Article 11, paragraph2 Article 14, paragraph2Article 11, paragraph3 Article 14, paragraph3Article 11, paragraph4 Article 14, paragraph4
426/86, Article 12, paragraph1 Article 15, paragraph1
Article 12, paragraph2 Article 15, paragraph2
Article 12, paragraph3 Article 15, paragraph3Article 12, paragraph4 Article 15, paragraph4
426/86, Article 13, paragraph1 Article 16, paragraph1
Article 13, paragraph2 Article 16, paragraph2Article 13, paragraph3 Article 16, paragraph3Article 13, paragraph4 Article 16, paragraph4
Article 13, paragraph5 Article 16, paragraph5
Article 13, paragraph6 Article 16, paragraph6Article 13, paragraph7 Article 16, paragraph7Article 13, paragraph8 Article 16, paragraph8
426/86, Article 14, paragraph1 Article 17, paragraph1
Article 14, paragraph2 Article 17, paragraph2Article 14, paragraph3 Article 17, paragraph3
Article 14, paragraph4 Article 17, paragraph4
Article 14, paragraph5 Article 17, paragraph5
426/86, Article 14a, paragraph1 Article 18, paragraph1
Article 14a, paragraph2 Article 18, paragraph2Article 14a, paragraph3 Article 18, paragraph3Article 14a, paragraph4 Article 18, paragraph4Article 14a, paragraph5 Article 18, paragraph5
Article 14a, paragraph6 Article 18, paragraph6
Article 14a, paragraph7 Article 18, paragraph7
426/86, Article 15, paragraph1 Article 19, paragraph1
Article 15, paragraph2 Article 19, paragraph2Article 15, paragraph3 Article 19, paragraph31996R2201 — EN — 01.01.2004 — 006.001 — 26
▼B
Preceding Regulation (EEC) Numbers Present Regulation
426/86, Article 16, paragraph1 Article 20, paragraph1
Article 16, paragraph2 Article 20, paragraph2Article 16, paragraph3 —Article 16, paragraph4 —Article 16, paragraph5 Article 20, paragraph3
426/86, Article 17, paragraph1 Article 21, paragraph1
Article 17, paragraph2 Article 21, paragraph2
426/86, Article 18, paragraph1 Article 22, paragraph1
Article 18, paragraph2 Article 22, paragraph2Article 18, paragraph3 Article 22, paragraph3Article 18, paragraph4 Article 22, paragraph4
426/86, Article 19, Article 23426/86, Article 20, Article 24, paragraph1426/86, Article 21, paragraph1 Article 25
Article 21, paragraph2 —
426/86, Article 22, paragraph1 Article 26, paragraph1
Article 22, paragraph2 Article 26, paragraph2Article 22, paragraph3 Article 26, paragraph3
426/86, Article 23, Article 27
Article 24, Article 29Article 25 Article 30Article 26 Article 31
426/86, Annex I A Annex I
Annex I B Annex IIAnnex III —
2245/88, Article 1, paragraph1 Article 5, paragraph1
Article 1, paragraph2 Article 5, paragraph2Article 1, paragraph3 Article 5, paragraph3
1206/90, Article 2, paragraph1 Article 4, paragraph7
Article 2, paragraph2 Article 4, paragraph8Article 2, paragraph3 Article 4, paragraph8
1206/90, Article 3, paragraph2 Article 4, paragraph1
Article 3, paragraph3 Article 4, paragraph5Article 3, paragraph4 Article 4, paragraph6
1206/90, Article 6, paragraph1 Article 9, paragraph6
Article 6, paragraph2 Article 9, paragraph8Article 6, paragraph4 Article 9, paragraph7
668/93, Article 1, paragraph1 Article 6, paragraph1
Article 1, paragraph2 Article 6, paragraph4Article 1, paragraph3 Article 6, paragraph5
Article 3 Article 6, paragraph11996R2201 — EN — 01.01.2004 — 006.001 — 27