This document is meant purely as documentation tool and the institutions do not assume any liability for its contents
"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
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) and Council Regulation(EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).1996R2201 — EN — 15.06.1999 — 002.001 — 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 thissector; whereas as regards certain processed products, account shouldalso 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 initialadoption, 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 productionaid 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 andshould be continued; whereas, however, like for fresh products, therole 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 theminimum 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 theproducer 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 freshproduct;
(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 belaid down which takes account of this difference and of the impact ofchanges 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 aguarantee 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 atincreasing the dynamism of undertakings and the competitiveness ofCommunity 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 forconcentrates 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;!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 — 15.06.1999 — 002.001 — 2
(7) Whereas the dried grape sector has some special features which have
led to the implementation of a specialized acreage aid system; whereasthis system, together with the guaranteed maximum acreage systemaimed 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 bemaintained without prejudice to certain adjustments; whereas purchaseprice 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 inquestion; whereas for a transitional period provision should be madefor 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 agriculturalsector 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 processedfruit 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, recourseshould be had to the Commission’ s exercise of its powers for theimplementation 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 Treatywhereby 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 guaranteeuniform application of the new system throughout the Community;
(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.!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 — 15.06.1999 — 002.001 — 3
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 0710 40 00,olives of subheading 0710 80 10 and fruits of the genusCapsicum 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 preservativesolutions), but unsuitable in that state for immediate consump-tion, excluding olives of subheading 0711 20, fruits of thegenus 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 byartificial heat-drying and unfit for human consumption fallingwithin subheading ex 0712 90 05, sweet corn falling within thesubheadings ex 0712 90 11 and 0712 90 19 and olives fallingwithin 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 within subheadingex 0811 90 95
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, excluding bananas provisionally preserved falling withinsubheading 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 excludingmixtures 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 sulphurwater 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 sweeteningmatter
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 subheading2001 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!
B
!C1
!B1996R2201 — EN — 15.06.1999 — 002.001 — 4
CN code Description
ex 2004Other 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 )o f
subheading ex 2004 90 10, olives of subheadingex 2004 90 30 and potatoes prepared or preserved in theform 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 No2006, 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 bananaspreserved by sugar falling within headings ex 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 andex 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 of subheading
2008 99 91, and
— Vine leaves, hop shoots, and other similar edible parts of
plants falling within subheading ex 2008 99 99
— 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 subheadings
ex 2008 99 68, 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 not containing addedspirit, whether or not containing added sugar or othersweetening 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
1. A system of production aid shall apply to the products listed in Annex I
obtained from fruit and vegetables 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 side, producer organizations recognized or provisionally
authorized under Regulation (EC) No 2200/96, and processors on the other.!B1996R2201 — EN — 15.06.1999 — 002.001 — 5
However, during the five marketing years following the application of this
Regulation, contracts may also be between processors and individualproducers, for a quantity not exceeding, for each year respectively, 75 %,65 %, 55 %, 40 % and 25 % of the quantity giving entitlement to production
aid.
The producer organizations shall extend the benefit of the provisions of this
Article to operators not affiliated to any of the collective structures providedfor in Regulation (EC) No 2200/96, who undertake to market through suchstructures all their output intended for the manufacture of the products
referred to in Annex I and who pay a contribution towards the overall
management costs of this system borne by the organization.
Contracts must be signed before the start of the marketing year.
Article 3
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 provided for in Article 29.
Article 4
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 materialin 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. In
establishing the amount of the aid, without prejudice to the application of
Article 5, account shall be taken in particular of:
(a) the difference between the price of the raw material in the Community
and that obtaining in the major competing third countries;
(b) the amount of the aid fixed or calculated before the reduction provided
for in paragraph 10, if applicable, for the previous marketing year; and
(c) where Community production of a product accounts for a substantial
share of the market, trends in the volume of external trade 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 theweight of raw material used and the net weight of the processed product shall
be defined on a standardized 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 refered to inArticle 3;
(b) meet minimum quality requirements.5. The price of the raw material in 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 productsexported by those third countries.!B1996R2201 — EN — 15.06.1999 — 002.001 — 6
6. Where Community production accounts for at least 50 % of the quantities
of a product making up the Community consumption market, the trends inprices and the quantities of imports and exports shall be assessed bycomparing the data for the calendar year preceding the start of the marketing
year with the data for the previous calendar year.
7. In the case of products processed from tomatoes, the production aid shall
be calculated for:
(a) tomato concentrate falling within CN code 2002 90;(b) whole peeled tomatoes obtained from the San Marzano variety or similar
varieties and falling within CN code 2002 10;
(c) whole peeled tomatoes obtained from the Roma or similar varieties and
falling within CN code 2002 10;
(d) tomato juice falling within CN code 2009 50.
8. The production aid for other products processed from tomatoes shall be
derived, as appropriate, either from the aid calculated for tomato concentrate,with account being taken in particular of the dry extract content of theproduct, or from the aid calculated for whole peeled tomatoes obtained from
the Roma or similar varieties, with account being taken in particular of the
commercial characteristics of the product.
9. 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 Articleshall be adopted in accordance with the same procedure.
(10)For products processed from tomatoes, the overall expenditure must not
exceed, for each marketing year, the amount that would have been reached if
the French and Portuguese quotas for concentrates for the1997/1998 marketing year had been set as follows:
— France: 224 323 tonnes— Portugal: 670 451 tonnes.
To that end, the aid fixed for tomato concentrates and their derivatives in
accordance with paragraph 9 shall be reduced by 5,37 %. A supplement maybe paid after the marketing year if the increase in French and Portuguesequotas is not entirely used up.
Article 5
1. A guarantee threshold for the whole Community is hereby introduced for
each marketing year for the products referred to below. When the guarantee
threshold is exceeded, the production aid shall be reduced. The guarantee
threshold shall be:
(a) 582 000 tonnes net weight for peaches in syrup and/or natural fruit juice,(b) 102 805 tonnes net weight for Williams and Rocha pears in syrup and/or
natural fruit juice.
2. The amount by which the thresholds referred to in paragraph 1 are
exceeded shall be calculated on the basis of the average quantities produced inthe three marketing years preceding the marketing year for which the
production aid is to be fixed. Where the guarantee threshold is exceeded, the
aid for the following marketing year shall be reduced in proportion to theamount by which the threshold is exceeded.
Article 6
1. A quota system is hereby introduced for granting production aid for
products processed from tomatoes. The production aid shall be limited to avolume of processed products corresponding to a weight of 6 836 262 tonnesof fresh tomatoes.
2. The volume of processed products referred to in paragraph 1 shall be
apportioned every five years among three separate product groups, namelytomato concentrate, tinned whole peeled tomatoes and other products, on thebasis of the average quantities of products in each group produced in
compliance with minimum prices during the five marketing years preceding
the marketing year for which the apportionment is made.!B1996R2201 — EN — 15.06.1999 — 002.001 — 7
However, the first apportionment, for the 1997/1998 marketing year and for
the subsequent four marketing years, shall be as follows:
— tomato concentrate:
4 585 253 tonnes
— tinned whole peeled tomatoes:
1 321 119 tonnes
— other products:
929 890 tonnes.
3. The quantity of fresh tomatoes, determined in accordance with paragraph
2 for each product group, shall be shared out each year among the MemberStates according to the average quantities produced in compliance withminimum prices during the three marketing years preceding the marketing
year for which the allocation is made.
However, the apportionment for the 1997/1998 and 1998/1999 marketing
years shall be as indicated in Annex III to this Regulation.
For the 1999/2000 marketing year, the apportionment shall be on the basis of
the average quantities produced in compliance with minimum prices during
the 1997/1998 and 1998/1999 marketing years.
From the 1999/2000 marketing year onward, no apportionment under this
paragraph may result in a variation, by Member State and by product group, of
more than 10 % from one marketing year to the next. Where an
apportionment is made under paragraph 2, that percentage shall be calculatedon the basis of the quantities in the previous marketing year adjusted by the
coefficients of variation resulting, for each group of products, from that
apportionment.
3a. Notwithstanding paragraph 3, an additional quantity of fresh tomatoes
intended for the production of concentrate shall be allocated to Portugal for1999/2000 and 2000/2001. This quantity shall be:
— 83 468 tonnes for 1999/2000, and
— for 2000/2001, the difference between the quantity calculated in
accordance with paragraph 3 and that calculated by replacing thequantity of fresh tomatoes used in Portugal for the production of
concentrate in the 1997/1998 marketing year by 884 592 tonnes.
The volume of fresh tomatoes referred to in paragraph 1 and the quantity of
fresh tomatoes intended for the production of concentrate referred to in thefirst indent of the second subparagraph of paragraph 2 shall be increased, for
these two marketing years concerned, by the additional quantity allocated to
Portugal.
4. Member States shall share out the quantities allocated to them between
the processing undertakings established on their territory according to the
average quantities produced in compliance with minimum prices during the
three marketing years preceding the marketing year for which the allocation ismade, excluding 1996/1997, which shall not be taken into consideration.
However, for the first three apportionments, for the marketing years
1997/1998, 1998/1999 and 1999/2000, the quantities taken into account in
respect of the marketing years 1993/1994, 1994/1995 and 1995/1996, shall bethe quantities actually produced.
5. From the marketing year 1999/2000 onward, the apportionments referred
to in paragraphs 2 and 3 shall be carried out in accordance with the procedure
laid down in Article 29. The detailed rules for the application of this Articleshall be adopted in accordance with the same procedure. They shall include,
in particular, rules applying to undertakings that have been in business for less
than three years, to new undertakings and in cases of mergers or transfers ofundertakings.
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.!B
!M1
!B
!M2
!B1996R2201 — EN — 15.06.1999 — 002.001 — 8
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 concerned. Inaddition, 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 forthe 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 theextent 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 ofthe 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 rulesfor 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 theCommunity 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 changein 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.
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, ifundertakings are not fulfilled or are fulfilled only in part.!B1996R2201 — EN — 15.06.1999 — 002.001 — 9
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 eighteenmonths 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 sellingprice.
6. For the purposes of applying paragraph 1, Member States shall approve
storage agencies which provide adequate guarantees both that they can storeproducts under satisfactory technical conditions and that they can satis-
factorily 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 inArticle 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 themand 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.
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 grantedunder 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, 5and 8 of Regulation (EEC) No 4256/88 (
1), on the other, shall be adopted in
accordance with the procedure laid down in Article 29.!B
(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).1996R2201 — EN — 15.06.1999 — 002.001 — 10
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 exportlicence.
Licences shall be issued by Member States to any applicant, irrespective of
his place of establishment in the Community and without prejudice tomeasures 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 theprocedure 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 particularto:
— 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.
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 forproducts 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!B1996R2201 — EN — 15.06.1999 — 002.001 — 11
— 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 differencebetween 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 anadditional import duty if the conditions set out in Article 5 of the Agreementon 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 bedisproportionate 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 theCommunity 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 importprices 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 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 rulesshall 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 Article29.
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
(1) OJNoL336,23.12.1 994,p.22.1996R2201 — EN — 15.06.1999 — 002.001 — 12
(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 tosafeguard 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 inthe 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,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 theCommunity 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 discrimination betweenlarge 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 varyaccording 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.!B1996R2201 — EN — 15.06.1999 — 002.001 — 13
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 thesame 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 amountapplicable 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 providedfor therein and applicable to the products concerned. With regard tocompliance 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 adoptedin 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).
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 rulingprices 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 therefund 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.!B1996R2201 — EN — 15.06.1999 — 002.001 — 14
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 inaccordance 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) No 1766/92 of30 June 1992 on the common organization of 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 stating thequantities 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 exporterproves:
— 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 refundapplicable; 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 laiddown 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.!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).
(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).1996R2201 — EN — 15.06.1999 — 002.001 — 15
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 Article43 (2) of the Treaty on a proposal from the Commission, may, in particularcases, 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 marketis 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 theMember States shall be notified of such 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 withina 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 accordancewith 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 nomenclature
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 commoncustoms 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.!B1996R2201 — EN — 15.06.1999 — 002.001 — 16
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 setout 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 thegeneral rules for the application of this paragraph and shall determine the
cases in which and limits within which Member States 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 of such measures,
which shall be immediately applicable. If the Commission receives a requestfrom a Member State, it shall take a decision thereon within three workingdays 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 whichthey were notified. The Council shall meet without delay. It may, acting by aqualified 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 theTreaty.
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 themarket in processed fruit and vegetable products.
Article 25
Financial or other administrative penalties shall be adopted as appropriate for
the specific needs of the sector in accordance with the procedure laid down inArticle 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 ofsuch 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 amendmentsthereto, shall be communicated to the Commission no later than one monthafter their adoption.
3. Member States shall take all appropriate measures to penalize
infringements of the provisions of this Regulation and to forestall and bringto an end any fraud.!B1996R2201 — EN — 15.06.1999 — 002.001 — 17
Article 28
A management committee for processed fruit and vegetables, hereinafter
referred to as ‘the Committee’, shall be set up, consisting of representatives of
the Member States and chaired by a representative of the Commission.
Article 29
1. Where reference is made to the procedure laid down in this Article, the
chairman shall refer the matter to the Committee either on his/her owninitiative or at the request of the representative of a Member State.
2. The representative of the Commission shall submit to the Committee a
draft of the measures to be taken. The Committee shall deliver its opinion on
the draft within a time limit which the chairman may lay down according to
the urgency of the matter. The opinion shall be delivered by the majority laiddown in Article 148 (2) of the Treaty in the case of decisions which theCouncil is required to adopt on a proposal from the Commission. The votes of
the representatives of the Member States within the Committee shall be
weighted in the manner set out in that Article. The chairman shall not vote.
3. (a) The Commission shall adopt measures which shall apply immedi-
ately.
(b) However, if these measures are not in accordance with the opinion of
the Committee, they shall be communicated by the Commission tothe Council forthwith. In that event the Commission may defer
application of the measures which it has decided for a period of not
more than one month from the date of such communication.
The Council, acting by qualified majority, may take a different
decision within one month.
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 7, Article 9 (4) and (5) and
Article 10 (3) shall be deemed to be intervention to stabilize the agricultural
markets within the meaning of point (b) of Article 1 (2) of Council Regulation(EEC) No 729/70 of 21 April 1970 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 the
Official 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),!B
(1) OJ No L 94, 28. 4. 1970, p. 13. Regulation as last amended by Regulation (EC) No
1287/95 (OJ No L 125, 8. 6. 1995, p. 1).
(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).1996R2201 — EN — 15.06.1999 — 002.001 — 18
— Council Regulation (EEC) No 2245/88 of 19 July 1988 introducing
guarantee threshold systems for peaches and pears in syrup and/or innatural fruit juice (
1),
— Council Regulation (EEC) No 1206/90 of 7 May 1990 laying down
general rules for the system of production aid for processed fruit andvegetables (
2),
— 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 (3).
References to the repealed Regulation shall be understood as references to
this Regulation and are to be read in accordance with the correlation tables inAnnex IV .
This Regulation shall be binding in its entirety and directly applicable in all
Member States.!B
(1) 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).
(2) 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).
(3) OJ No L 72, 25. 3. 1993, p. 1.1996R2201 — EN — 15.06.1999 — 002.001 — 19
ANNEX I
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
0804 20 90 Dried figs
ex 0813 20 00 Prunes derived from dried ‘d’Ente’ plums
2002 10 10 Peeled tomatoes, whole or in pieces
2002 10 90 Unpeeled tomatoes, whole or in pieces
ex 2002 10 90 Crush or pizza sauceex 2002 90 Other (crush or pizza sauce)ex 2002 90 11 Tomato juice (including passata )
ex 2002 90 19
ex 2002 90 31 Tomato concentrate
ex 2002 90 39
ex 2002 90 91
ex 2002 90 99
ex 2008 40 51 Williams and Rocha pears in syrup and/or in natural fruit juice
ex 2008 40 59
ex 2008 40 71
ex 2008 40 79ex 2008 40 91ex 2008 40 99
ex 2008 70 61 Peaches in syrup and/or in natural fruit juice
ex 2008 70 69ex 2008 70 71ex 2008 70 79ex 2008 70 92ex 2008 70 94ex 2008 70 99
2009 50 Tomato juice!
B1996R2201 — EN — 15.06.1999 — 002.001 — 20
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 other sweetening 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 consumption:
0812 10 00 – Cherries:
ex 0812 10 00 – – Sour cherries ( Prunus cerasus )
ex 0812 10 00 – – 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:
2008 60 – Cherries:
– – Not containing added spirit:– – – Containing added sugar, in immediate packings of a net content exceeding 1 kg:!
B1996R2201 — EN — 15.06.1999 — 002.001 — 21
CN code Description
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 — 15.06.1999 — 002.001 — 22
ANNEX III
Allocation of fresh tomatoes by Member State and by product group for the 1997/1998 and 1998/1999 marketing years
(tonnes)
Member State Tomato concentrateTinned whole peeled to-
matoesOther products Total
France 278 691 36 113 54 804 369 608
Greece 999 415 17 355 32 161 1 048 931Italy 1 758 499 1 090 462 622 824 3 471 785Spain 664 056 166 609 175 799 1 006 464
Portugal 884 592 10 580 44 302 939 474
Total 4 585 253 1 321 119 929 890 6 836 262!
M11996R2201 — EN — 15.06.1999 — 002.001 — 23
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 2Article 4, paragraph 4 Article 3, paragraph 3
426/86, Article 5, paragraph 1 Article 4, paragraph 2
Article 5, paragraph 2 Article 4, paragraph 3Article 5, paragraph 3 Article 4, paragraph 4Article 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 2Article 6, paragraph 3 Article 7, paragraph 3Article 6, paragraph 4 Article 7, paragraph 4Article 6, paragraph 5 —Article 6, paragraph 6 Article 7, paragraph 5Article 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 2Article 8, paragraph 3 Article 9, paragraph 3Article 8, paragraph 4 Article 9, paragraph 4Article 8, paragraph 5 Article 9, paragraph 5Article 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 2Article 9, paragraph 1 Article 12, paragraph 1Article 9, paragraph 2 Article 12, paragraph 2
426/86, Article 10 —
426/86, Article 10a, paragraph 1 Article 13, paragraph 1
Article 10a, paragraph 2 Article 13, paragraph 2Article 10a, paragraph 3 Article 13, paragraph 3Article 10a, paragraph 4 Article 13, paragraph 4Article 10a, paragraph 5 Article 13, paragraph 5!
B1996R2201 — EN — 15.06.1999 — 002.001 — 24
Preceding Regulation (EEC) Numbers Present Regulation
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 2Article 11, paragraph 3 Article 14, paragraph 3Article 11, paragraph 4 Article 14, paragraph 4
426/86, Article 12, paragraph 1 Article 15, paragraph 1
Article 12, paragraph 2 Article 15, paragraph 2Article 12, paragraph 3 Article 15, paragraph 3Article 12, paragraph 4 Article 15, paragraph 4
426/86, Article 13, paragraph 1 Article 16, paragraph 1
Article 13, paragraph 2 Article 16, paragraph 2Article 13, paragraph 3 Article 16, paragraph 3Article 13, paragraph 4 Article 16, paragraph 4Article 13, paragraph 5 Article 16, paragraph 5Article 13, paragraph 6 Article 16, paragraph 6Article 13, paragraph 7 Article 16, paragraph 7Article 13, paragraph 8 Article 16, paragraph 8
426/86, Article 14, paragraph 1 Article 17, paragraph 1
Article 14, paragraph 2 Article 17, paragraph 2Article 14, paragraph 3 Article 17, paragraph 3Article 14, paragraph 4 Article 17, paragraph 4Article 14, paragraph 5 Article 17, paragraph 5
426/86, Article 14a, paragraph 1 Article 18, paragraph 1
Article 14a, paragraph 2 Article 18, paragraph 2Article 14a, paragraph 3 Article 18, paragraph 3Article 14a, paragraph 4 Article 18, paragraph 4Article 14a, paragraph 5 Article 18, paragraph 5Article 14a, paragraph 6 Article 18, paragraph 6Article 14a, paragraph 7 Article 18, paragraph 7
426/86, Article 15, paragraph 1 Article 19, paragraph 1
Article 15, paragraph 2 Article 19, paragraph 2Article 15, paragraph 3 Article 19, paragraph 3
426/86, Article 16, paragraph 1 Article 20, paragraph 1
Article 16, paragraph 2 Article 20, paragraph 2Article 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
426/86, Article 18, paragraph 1 Article 22, paragraph 1
Article 18, paragraph 2 Article 22, paragraph 2Article 18, paragraph 3 Article 22, paragraph 3Article 18, paragraph 4 Article 22, paragraph 4
426/86, Article 19, Article 23426/86, Article 20, Article 24, paragraph 1426/86, Article 21, paragraph 1 Article 25
Article 21, paragraph 2 —!
B1996R2201 — EN — 15.06.1999 — 002.001 — 25
Preceding Regulation (EEC) Numbers Present Regulation
426/86, Article 22, paragraph 1 Article 26, paragraph 1
Article 22, paragraph 2 Article 26, paragraph 2Article 22, paragraph 3 Article 26, paragraph 3
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, paragraph 1 Article 5, paragraph 1
Article 1, paragraph 2 Article 5, paragraph 2Article 1, paragraph 3 Article 5, paragraph 3
1206/90, Article 2, paragraph 1 Article 4, paragraph 7
Article 2, paragraph 2 Article 4, paragraph 8Article 2, paragraph 3 Article 4, paragraph 8
1206/90, Article 3, paragraph 2 Article 4, paragraph 1
Article 3, paragraph 3 Article 4, paragraph 5Article 3, paragraph 4 Article 4, paragraph 6
1206/90, Article 6, paragraph 1 Article 9, paragraph 6
Article 6, paragraph 2 Article 9, paragraph 8Article 6, paragraph 4 Article 9, paragraph 7
668/93, Article 1, paragraph 1 Article 6, paragraph 1
Article 1, paragraph 2 Article 6, paragraph 4Article 1, paragraph 3 Article 6, paragraph 5Article 3 Article 6, paragraph 1!
B1996R2201 — EN — 15.06.1999 — 002.001 — 26